Agenda — Pacifica City Council, August 22, 2022 (part 2 of 3)

PURCHASE AGREEMENT
CITY OF PACIFICA – WASTEWATER DIVISION
PURCHASE ORDER NO. XXXXX

Seller (Vendor): Buyer:

Name JM Squared Associates, Inc. Name: City of Pacifica Address 2110 K Street, Ste 18 Address: 540 Crespi Drive City, State Zip: Sacramento, CA 95816 City, State, ZIP: Pacifica, CA 94044 Attn: Jeremy Rogers Sam Bautista
Phone: 916-803-9803 Fax: Phone: (650) 738-3771
E-mail: [email protected] Fed. Tax I.D.: E-mail: [email protected] Project Information (If Applicable): Ship To:

Charge to Linda Mar Pump Station
Acct#: 34.940000.52800.C004
Linda Mar Pump Station
5300 Coast Highway
Pacifica, CA 94044
Order Date Ship Via Payment Terms
Freight
20% down payment on order acceptance
50% release for production (favorable
submittal review)
20% upon equipment ready to ship
10% upon start up, no later than 90 days
after receipt onsite
Buyer and Seller agree as follows:

MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Vendor shall furnish the materials or equipment described below in compliance with the Quotation dated August 11, 2022 from JM Squared Associates, Inc. (Attachment 1) at the price or prices set forth opposite each item and within the times stated below in accordance with the terms and provisions of this Purchase Agreement, including the attached Equipment Performance Bond, which is incorporated into and made a part of this Agreement (Appendix A):

Item
No.

Item Description Budget
Acct No.

Quantity Unit Price Extension Delivery
Date
1 Two (2) 8" C5416 vertical solids
handling pumps suitable for
variable speed operation
dimensions to match exiting 8"
5415E pumps. (incl shafts,
testing, coating, RDA)

34.940000.52800.C004 2 $ 187,176.00 $ 374,352.00
2 One (1) Spare Parts per quote 34.940000.52800.C004 1 $6,500.00 $6,500.00 3 Ground Freight 34.940000.52800.C004 1 $10,500.00 $10,500.00 4 Performance Bond 34.940000.52800.C004 1 $3,743.52 $3,743.52 TOTAL $395,095.52
Sales Tax (9.38%): $35,723.92
Shipping: (see item 3)
P.O. Total: $430,819.44

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PURCHASE AGREEMENT
Project Title: JM Squared Associates. – Linda Mar Pump PURCHASE ORDER NO. XXXXX

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Special Terms and Conditions
Shipping: Show Purchase Order number on all packages and invoices.

All purchases are F.O.B Pacifica unless otherwise specified on Purchase Order.

Charges: All transportation charges must be prepaid and shown separately on all invoices.

 Purchase between $25,000.01 and $50,000
(must be approved by the City Manager)
Approved: _______________________
Name: KEVIN WOODHOUSE
City Manager
 Purchase above $50,000
(must be approved by the City Council)
Date City Council Approved: _______________
Buyer: CITY OF PACIFICA
Authorized Signature: _______________________
Name: KEVIN WOODHOUSE
Title: City Manager
Vendor: JM SQUARED ASSOCIATES, INC.

Authorized Signature: _______________________
Name:

Title:

If Seller is located in the City of Pacifica, does Seller have a current business license? Yes  No 

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PURCHASE AGREEMENT
Project Title: JM Squared Associates. – Linda Mar Pump PURCHASE ORDER NO. XXXXX

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PURCHASE ORDER TERMS AND CONDITIONS
DEFINITIONS: The term "Buyer" as used in this Purchase Order means the City of Pacifica, and the term "Seller" means the person, firm, or corporation from whom the material or equipment described in the purchase order is ordered.

ACCEPTANCE: The attached Acceptance Copy shall be signed and returned by the Seller within ten (10) calendar days after it is received by the Seller. The receipt by the Buyer of the signed Acceptance Copy or the initiation of performance under this Purchase Order by the Seller shall constitute acceptance of the Purchase Order by the Seller, including all of the terms and conditions herein. Acceptance is limited to the terms stated herein. Any additional or different terms and conditions proposed by the Seller are rejected unless expressly agreed to in writing by City Purchasing Agent or authorized agent.

COMPLETE AGREEMENT: This Purchase Order, including all applicable terms, conditions and specifications, shall constitute the sole and exclusive agreement between the parties. This Purchase Order supersedes all other writings and negotiations, written or oral. The City of Pacifica will not be responsible for goods delivered without a Purchase Order properly signed by the City Purchasing Agent or authorized agent. When this Purchase Order covers a purchase rendered over a stated period of time, Seller must obtain a new order upon expiration of the time period to authorize the purchase for an additional period of time.

DEFAULT: The Buyer may terminate the whole or any part of the purchase in any one of the following circumstances: (1) If the Seller fails to make delivery or fails to perform within the time specified herein or any extension thereof; or (2) If Seller delivers nonconforming goods; or (3) If Seller fails to perform in accordance with the material provisions of this agreement, or so fails to make progress as to endanger performance of this Purchase Order in accordance with its terms. In the event of any such failure Buyer will provide Seller with written notice of the default and Buyer's intention to terminate for default if Seller fails to cure the default to Buyer's satisfaction within seven (7) calendar days of Buyer' notice. If Seller fails to cure or correct the default within seven days, the Buyer may, without further notice to Seller, procure upon such terms and in such manner as the Buyer may deem appropriate, items similar to those terminated, and the Seller shall be liable to the Buyer for any excess costs of such similar items; however, the Seller shall continue the performance of this Purchase Order to the extent not terminated.

The rights and remedies of the Buyer provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Purchase Order.

CHANGES: Buyer may direct in writing changes, including additions to or deletions from the quantities originally ordered, or in the specifications or drawings. If any such change causes a material increase or decrease in the cost of, or the time required for, performance hereunder, an equitable adjustment shall be made in the price or schedule. Any claims for adjustment which Seller believes result from any change directed by Buyer shall be asserted in writing by Seller no later than ten (10) days from the date of Seller's receipt of any such direction. Equitable adjustments for any claims or changes under this agreement, including claims arising from terminations or suspensions directed under DEFAULT above, of this agreement, will be made by

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PURCHASE AGREEMENT
Project Title: JM Squared Associates. – Linda Mar Pump PURCHASE ORDER NO. XXXXX

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written Change Order. Nothing contained herein shall excuse Seller from proceeding with the change as directed prior to negotiation of any adjustment. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a member of the Buyer’s Purchasing Department.

INVOICES: Seller shall send Buyer a separate invoice for each shipment. Invoices shall not be issued prior to delivery of items as state above. Payment shall not be made prior to receipt of items and an invoice. Credit and discount periods will be computed from the date of receipt of the invoice to the date the Buyer’s check is mailed. Unless freight and other charges are itemized, the discount will be taken on the full amount of the invoice. Payment will be made within thirty (30) days after approval of the invoice by the Buyer.

TITLE AND RISK OF LOSS: All prices shall be F.O.B. Factory. The Seller shall be responsible for safe and adequate packing of the items, which shall conform to the carriers’ requirements. The Seller shall separately number all cases and packages, showing the corresponding numbers on the invoices. An itemized packing slip bearing this Purchase Order number shall be placed in each container. No extra charge shall be made for packaging or packing materials unless authority therefor is set forth in this Purchase Order. Seller shall assume and pay for any and all loss or damage to the merchandise from any cause whatsoever until delivered to Buyer at the specified destination.

DELIVERY: Timely performance and deliveries are essential to this Purchase Order. The Buyer reserves the right to refuse deliveries made in advance of the delivery schedule.

Overshipment allowances, if authorized, will be applied to the entire order. If the Buyer agrees to accept deliveries after the date of delivery has passed, the Buyer shall have the right to direct the Seller to make shipment to the delivery point set forth in this Purchase Order by the most expeditious means, and the total cost of such expedited shipment and handling shall be borne by the Seller. Acceptance of late deliveries shall not be deemed a waiver of the Buyer’s right to hold the Seller liable for any loss or damage resulting therefrom, nor shall it act as a modification of the Seller’s obligation to make future deliveries in accordance with the delivery schedule.

DELAYS: Seller will not be liable for delays in performing its obligations to the extent the delay is caused by an unforeseeable condition which is beyond Seller’s reasonable control and without Seller's fault or negligence. Acts of God, such as storms or floods, as well as government priorities, acts of civil or military authorities, fires, strikes, epidemics, war or riot are examples of events which will be excusable for being beyond Seller's reasonable control, only upon fulfillment of the following conditions: (a) within seven (7) days of the commencement of any excusable delay, Seller shall provide Buyer with written notice of the cause and extent thereof as well as a request for a schedule extension for the estimated duration thereof, and (b) within seven (7) days of the cessation of the event causing delay Seller shall provide Buyer with written notice of the actual delay incurred, upon receipt of which, the date of promised delivery shall be extended for the time actually lost by reason of an excusable delay.

INSPECTION AND APPROVAL: All items are subject to final inspection and approval after delivery to Buyer. If any items are defective in material or workmanship or otherwise not in conformity with the requirements of this Purchase Order, the Buyer shall have the right to

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PURCHASE AGREEMENT
Project Title: JM Squared Associates. – Linda Mar Pump PURCHASE ORDER NO. XXXXX

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require Seller to correct or replace them. Final acceptance or rejection shall be made by the Buyer as promptly as practicable after delivery. Final acceptance shall be conclusive except with respect to latent defects, fraud or such gross mistakes as amount to fraud, or with respect to the Buyer’s rights under the “Warranty” clause.

WARRANTIES-GUARANTEES: The Buyer acknowledges that (i) Seller is not the manufacturer of the Goods; (ii) Seller will pass through to Buyer the manufacturer's warranty to the extent permitted by the terms of such warranty as to the Goods or any manufacturer's warranty of or for such goods. Warranty is attached at end of Attachment 1 with a duration as specified therein for a twelve (12) months after start-up or 18 months after equipment is shipped, whichever is a shorter period.

SAFETY: All equipment and materials shall comply with all Federal, State and local safety rules and regulations including OSHA. Where applicable, materials must be labeled in accordance with Section 5194, Title 8, of the California Administrative Code. The Seller is required to include a Material Safety Data Sheet prepared in accordance with Section 5194(9) with each shipment of all such materials to the City.

EQUAL OPPORTUNITY EMPLOYER: It is the policy of the City of Pacifica that in connection with all materials furnished or work performed under this Purchase Order, there be no discrimination against employees because of race, religion, color, sex or national origin, and therefore the Seller agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practices Act.

TAXES: Unless prohibited by law, Seller shall pay and has included in the prices of this Purchase Order any federal, state or local tax, transportation tax, or other tax which is required to be imposed upon the items ordered hereunder, or by reason of their sale or delivery.

TERMINATION FOR CONVENIENCE: Buyer shall have the right to terminate this Purchase Order in whole or in part at any time, and from time to time, by written notice effective upon receipt by Seller of such notice, even though Seller is not in breach of any obligation hereunder.

Upon receipt of notice of termination, Seller shall immediately discontinue performance and shall comply with Buyer’s instructions concerning disposition of completed and partially completed items, work in progress and materials acquired pursuant to this Purchase Order. In the event of such termination, Seller shall be paid an amount in settlement to be mutually agreed upon by the parties which shall cover Seller’s reasonable costs of performance incurred prior to termination in connection with the items for which this Purchase Order is terminated plus a reasonable profit based upon such costs. However, said payment shall not exceed the price specified herein for such items. Seller shall advise the Buyer, in writing, of Seller’s claim, if any, for termination costs within ten (10) days after receipt of the notice of termination.

Termination in accordance with this article shall not affect Buyer’s obligation to pay for items accepted by Buyer prior to such termination.

GOVERNING LAW; VENUE; DEFINITIONS: The definition of terms used, interpretation of this Purchase Order and rights of all parties hereunder shall be construed under and governed by

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PURCHASE AGREEMENT
Project Title: JM Squared Associates. – Linda Mar Pump PURCHASE ORDER NO. XXXXX

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the laws of the State of California. Any litigation with respect to this Purchase Order shall be brought and conducted in San Mateo County, California.

PERFORMANCE BOND: Seller shall provide Performance Bond in accordance with Appendix A.

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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, City of Pacifica, a general law city and municipal corporation of the State of California (Buyer) has awarded to JM SQUARED ASSOCIATES, INC., 2110 K Street, Ste 18, Sacramento, CA 95816 as Seller a Purchase Agreement, dated 22nd of August, 2022 (Agreement), titled Linda Mar Pump Station – Two New Electric Pumps and appurtenances located at Linda Mar Pump Station, Pacifica State Beach in the amount of $430,819.44 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:
(Two New Electric Pumps and appurtenances per Attachment 1)

2. AND WHEREAS, Seller is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;

3. NOW, THEREFORE, we, the undersigned Seller and Seller’s Bonding and Insurance Company as Surety are held and firmly bound unto Buyer in the sum of 100% OF THE CONTRACT SUM to be paid to Buyer or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Seller, or its heirs, executors, administrators, successors, or assigns approved by Buyer, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Buyer, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Seller’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Buyer as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.

5. No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.

6. Whenever Seller shall be and declared by Buyer in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:

6.01 Undertake through its agents or independent contractors, reasonably acceptable to Buyer, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Seller under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or

6.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Buyer of the lowest responsible bidder,

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Packet Pg. 118 Attachment: Purchase Agreement- JM Squared_20220822_LindaMarPumps (5091 : Purchase Agreement with JM Squared Associates, Inc. to reasonably acceptable to Buyer, arrange for a contract between such bidder and Buyer and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Seller under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Buyer to the Seller under the Agreement and any amendments thereto, less the amount Buyer paid to Seller.

7. Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Buyer’s rights against the others. Surety may not use Contractor to complete the Agreement absent Buyer’s written consent.

8. No right of action shall accrue on this bond to or for the use of any person or corporation other than Buyer or its successors or assigns.

9. Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.

10. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this _________ day of ________________, 20___.

VENDOR AS SELLER SURETY
Company: (Corp. Seal) Company: (Corp. Seal)

Signature Signature

Name Name

Title Title

Street Address Street Address

City, State, Zip Code City, State, Zip Code

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PUMPING, PROCESS AND FLOW CONTROL PRODUCTS

FOR THE WATER AND WASTEWATER INDUSTRY
TEL: (925) 798 -2500 * FAX: (925) 798 -7737
Direct: (916)803 -9803
S BE#1015111(S ta te o f Ca l i f o rn ia)
S BE#236611(C i t y o f Sa c ram en t o)
Date: 8-11-22
To: City of Pacifica
Attention: Nelson Schlater, P.E.

Deputy Engineering Manager of Public Works-Wastewater Division RE: City of Pacifica Linda Mar Pump Station- Upgrade Project(C004B) Dear (Nelson):

As per your recent request we are ple ased to propose to furnish the following:

Replacement Fairbanks Morse Pumps
• (Qty. of 2) 8" C5416 vertical solids handling pumps suitable for variable speed operation whose key dimensions match those of the exiting 8" 5415E pumps.

To includes Standard materials of construction, SST wear rings, Packed stuffing box, Vertical base, Suction elbow, Motor high ring base, Composite shafting, Factory testing, Factory coatings, Rotodynamic analysis (RDA).

Price: $187,176.00 each or $374,352.00 Total
• (Qty. of 1) Spare Parts
Impeller wear ring, 420SS 300-350BHN,
Casing wear ring, 420SS 410-484BHN
Shaft sleeve, 420SS 300-350BHN
Price: $6,500.00 Total
• (Qty. of 1) Freight-Ground
Freight from Factory to Linda Mar Pump Station (7-10 Days) Price: $10,500.00 Total
• (Qty. of 1) Sales Tax (9.38%)
Price: $35,723.92 Total
• (Qty. of 1) Performance Bond (1%)
Price: $3,743.52 Estimate
Total lot one (1) Equipment(s) listed above: $ 430,819.44 Freight Charges Included
Sales Taxes Included.

Estimated Shipment ARO: 30-32 weeks
Terms: Net 30 Days
Quotation Validity: August 31, 2022

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PUMPING, PROCESS AND FLOW CONTROL PRODUCTS

FOR THE WATER AND WASTEWATER INDUSTRY
TEL: (925) 798 -2500 * FAX: (925) 798 -7737
Direct: (916)803 -9803
S BE#1015111(S ta te o f Ca l i f o rn ia)
S BE#236611(C i t y o f Sa c ram en t o)
Standard Warranty
1 Year after Start-up of equipment and/or 18 months after equipment is shipped.

Please see attached Fairbanks Morse Standard warranty included with quote.

Please contact me directly if have questions or require additional information.

Best Regards.

JM SQUARED ASSOCIATES, INC
Jeremy Rogers
[email protected]
(916)803-9803

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Seller warrants equipment (and its component parts) of its own manufacture against defects in materials and workmanship under normal use and service for one (1) year from the date of installation or start-up, or for eighteen (18) months after the date of shipment, whichever occurs first. Seller does not warrant accessories or components that are not manufactured by Seller; however, to the extent possible, Seller will assign to Buyer its rights under the original manufacturer's warranty, without recourse to Seller. Buyer must give Seller notice in writing of any alleged defect covered by this warranty (together with all identifying details, including the serial number, the type of equipment, and the date of purchase) within thirty (30) days of the discovery of such defect during the warranty period. No claim made more than 30 days after the expiration of the warranty period shall be valid. Guarantees of performance and warranties are based on the use of original equipment manufactured (OEM) replacement parts. Seller assumes no responsibility or liability if alterations, non-authorized design modifications and/or non-OEM replacement parts are incorporated. If requested by Seller, any equipment (or its component parts) must be promptly returned to Seller prior to any attempted repair, or sent to an authorized service station designated by Seller, and Buyer shall prepay all shipping expenses. Seller shall not be liable for any loss or damage to goods in transit, nor will any warranty claim be valid unless the returned goods are received intact and undamaged as a result of shipment. Repaired or replaced material returned to customer will be shipped EXW (Domestic Shipments) or FCA (International Shipments) Seller's factory. Seller will not give Buyer credit for parts or equipment returned to Seller, and will not accept delivery of any such parts or equipment, unless Buyer has obtained Seller's approval in writing.

The warranty extends to repaired or replaced parts of Seller's manufacture for ninety (90) days or for the remainder of the original warranty period applicable to the equipment or parts being repaired or replaced, whichever is greater. This warranty applies to the repaired or replaced part and is not extended to the product or any other component of the product being repaired.

Repair parts of its own manufacture sold after the original warranty period are warranted for a period of one (1) year from shipment against defects in materials and workmanship under normal use and service.

This warranty applies to the replacement part only and is not extended to the product or any other component of the product being repaired. Seller may substitute new equipment or improve part(s) of any equipment judged defective without further liability. All repairs or services performed by Seller, which are not covered by this warranty, will be charged in accordance with Seller's standard prices then in effect.

THIS WARRANTY IS THE SOLE WARRANTY OF SELLER AND SELLER HEREBY EXPRESSLY

DISCLAIMS AND BUYER WAIVES ALL OTHER WARRANTIES EXPRESSED, IMPLIED IN LAW

OR IMPLIED IN FACT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller's sole obligation under this warranty shall be, at its option, to repair or replace any equipment (or its component parts) which has a defect covered by this warranty, or to refund the purchase price of such equipment or part. Under the terms of this warranty, Seller shall not be liable for (a) consequential, incidental, collateral, special or liquidated losses or damages; (b) equipment conditions caused by normal wear and tear, abnormal conditions of use, accident, neglect, or misuse of said equipment; (c) the expense of, and loss or damage caused by, repairs or alterations made by anyone other than the Seller; (d) damage caused by abrasive materials, chemicals, scale deposits, corrosion, lightning, improper voltage, mishandling, or other similar conditions; (e) any loss, damage, or expense relating to or resulting from installation, removal or reinstallation of equipment; (f) any labor costs or charges incurred in repairing or replacing defective equipment or parts, including the cost of reinstalling parts that are repaired or replaced by Seller; (g) any expense of shipment of equipment or repaired or replacement parts; or (h) any other loss, damage or expense of any nature.

The above warranty shall not apply to any equipment which may be separately covered by any alternate or special warranties.

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/22/2022
1 SUBJECT:

Purchase Agreement between the City of Pacifica and MISCOwater for the purchase of two JWC Muffin Monster Grinders and Control Panel for the Calera Creek Water Recycling Plant Grit Removal System
RECOMMENDED ACTION:

Approve Purchase Agreement between the City of Pacifica and MISCOwater, via sole source, in the amount of $66,044 for the purchase of two JWC Muffin Monster grinders and Control Panel for the Calera Creek Water Recycling Plant grit removal system; approve budget authority in the amount of $76,000 which includes 15% contingency in the amount of $9,954; authorize the City Manager to execute all documents related to the project.

STAFF CONTACT:

Dave Peel, Assistant Superintendent (Operation)
(650) 738-4660
[email protected]
Maria Aguilar, P.E., Plant Manager
(650) 738-4660
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

During the FY 2022-23 Capital Improvements Program (CIP) budget approval process, the Council approved funding for the Calera Creek Water Recycling Plant (CCWRP) Grit System Upgrade Project. Purchase of new grinders and control panel were included in the funding approval for the CCWRP Grit System Upgrade Project.

The CCWRP (Plant) receives wastewater from city wide pump stations which collect and convey the wastewater to the Plant. The Plant, unlike most conventional treatment plants, has no removal system for rags and relies on individual pump stations for screening (removal).

Aging rag and debris removal equipment at the City-wide pump stations does not do an adequate job of removing rags and debris coming to the Plant.

When the wastewater arrives at the Plant to be treated, the first process is grit removal. Grit removal is meant to be a settling of inorganic material (i.e. eggshells, asphalt, etc.) that is not needed or desired in subsequent treatment processes. During this settling, rags (undesirable inorganic items like diapers, swiffers, dental floss, etc. that are all joined together in our wastewater system) that were not removed at the pump stations accumulate in our grit basin and on the impellers of our grit conveyance pumps. The rags quickly accumulate to a point where the pumps no longer function. At least once a week, sometimes daily, a crew of plant maintenance staff must disassemble the grit pumps to remove all rags and debris. Staff 10 Packet Pg. 124
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August 22, 2022
continues its Outreach Programs alerting the public about what is acceptable in our wastewater system.

Wastewater Engineering has come up with an effective method to deal with the rag problem, which is to incorporate two grinders, similar in design to a giant paper shredder, at the inlet of our grit conveyance pumps. These grinders will break rags apart and allow the pieces to be pumped through our grit removal system. In other processes around the Plant JWC Muffin Monster grinders have proven to be effective and reliable.

The following are reasons purchase of Muffin Monster Grinders and Control Panel from MISCOwater have been determined to be sole source commodities and benefits the City:
• JWC Environmental is the inventor and owner and sole manufacturer of the Muffin Monster Grinders, a unique product that supports the needs of our Plant design. • JWC Environmental is the sole manufacturer of the above product and the exclusive source for service parts and appurtenances for grinders. • MISCOwater is the exclusive JWC Environmental representative for California. • Purchasing the equipment will reduce the complexity of Operations & Maintenance requirements due to the commonality of equipment already on-site.

For these reasons, the City Manager is recommending the approval of the Purchase Agreement between the City of Pacifica and MISCOwater, via sole source, in the amount of $66,044 for the purchase of two JWC Muffin Monster grinders and Control Panel for the Calera Creek Water Recycling Plant grit removal system in connection to the Grit System Upgrade Project (Project).

ALTERNATIVE ACTION:

The Council may choose not to approve the Purchase Agreement with MISCOwater via sole source and direct staff to issue a Request for Proposal (RFP). However, doing so would delay project delivery, will likely increase project cost, and will subject the City to parts procurement delays during failures and may not result in identifying a similarly effective product. The City Manager does not recommend this alternate action.

RELATION TO CITY GOALS AND WORK PLAN:

Approval of the Purchase Agreement with Miscowater is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: The Project will upgrade the City’s wastewater treatment plant’s grit removal system which will ensure proper treatment of wastewater and protect downstream equipment in the plant.
• Maintaining a Safe Community: The Project will upgrade the City’s wastewater treatment plant’s grit removal system which will ensure proper treatment of wastewater and protect downstream equipment in the plant preventing Plant failure.

FISCAL IMPACT:
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The cost of purchasing the two grinders and control panel is $66,044. City staff recommends including a 15% contingency for any additional parts or services needed to complete the project.

The Source and Use of Funds spreadsheet is shown below.

Total Use of Funds
Purchase Agreement $ 66,044
Contingency (15%) $ 9,954
Total Cost $ 76,000
Total Project Source
Enterprise Fund (Fund 34) $150,000
Account No 34.900000.52800.P041.000
Estimated Project End Balance $ 74,000
No additional budget authority is necessary as sufficient funds have been allocated in the Wastewater Enterprise Fund FY 2022-23 budget for this project. The total cost of $76,000.00 is within the project budget of $150,000.00 allocated for the CCWRP Grit System Upgrade Project.

ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:

GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (PDF) 10 Packet Pg. 126

Page 1 ends

PURCHASE AGREEMENT
CITY OF PACIFICA – WASTEWATER DIVISION
PURCHASE ORDER NO. 121374
Seller (Vendor): Buyer:

Name Misco Water Name: City of Pacifica
Address 5976 W. Las Positas Blvd Ste #226 Address: 540 Crespi Drive City, State Zip: Pleasanton, CA 94588 City, State, ZIP: Pacifica, CA 94044 Attn: Brandon Olson Maria P. Aguilar
Phone: (925) 596-1286 Fax: (925) 225-9200 Phone: (415)336-4750 Fax: (650) 355-7256 E-mail: [email protected] Fed. Tax I.D.: E-mail: [email protected] Project Information (If Applicable): Ship To:

Charge to Calera Creek Water Recycling Plant
Acct#: 34.900000.52800.P041.000 – CCWRP R&R Project -
Grit System Upgrade
700 Pacific Coast Highway
Pacifica, CA 94044
Order Date Ship Via Payment Terms
August 2022 - Net 30 days of invoice Upon Receipt of
Equipment Delivery
Buyer and Seller agree as follows:

MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Vendor shall furnish the materials or equipments described below in strict compliance with the Quotation from Misco Water dated 6-10-2022 (Attachment 1) at the price or prices set forth opposite each item and within the times stated below in accordance with the terms and provisions of this Purchase Agreement, including the attached Terms and Conditions, which are incorporated into and made a part of this Agreement:

Item
No.

Item Description Budget
Acct No.

Quantity Unit Price Extension Delivery
Date
1 Muffin Monster Grinder 34.900000.52800.P041.000 2 $ 21,358 $ 42,716 2 Control Panel (PC2200) 34.900000.52800.P041.000 1 $ 14,238 $ 14,238 3 Start-Up 34.900000.52800.P041.000 1 $ 2,500 $ 2,500
TOTAL $ 59,454
Sales Tax (9.375%): $ 5,340 (Items 1 & 2)
Shipping: $ 1,250
P.O. Total: $ 66,044

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Packet Pg. 127 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and

PURCHASE AGREEMENT
Project Title: MISCO WATER – Muffin Monster Grinders and Control Panel

Page 2 ends

Special Terms and Conditions
Shipping: Show Purchase Order number on all packages and invoices.

All purchases are F.O.B Pacifica unless otherwise specified on Purchase Order.

Charges: All transportation charges must be prepaid and shown separately on all invoices.

City of Pacifica is exempt from Federal Excise Tax.
 Purchase up to $10,000 (must be approved
by Department Head or authorized signator)
Approved: _______________________
Name: LISA PETERSEN
Title: Director of Public Works
 Purchase between $10,000.01 and $25,000
(must be approved by the Assistant City
Manager)
Approved: _______________________
Name: YULIA CARTER
Title: Assistant City Manager
 Purchase between $25,000.01 and $50,000
(must be approved by the City Manager)
Approved: _______________________
Name: KEVIN WOODHOUSE
City Manager
 Purchase above $50,000
(must be approved by the City Council)
Date City Council Approved: _______________
Buyer: CITY OF PACIFICA
Authorized Signature: _______________________
Name: KEVIN WOODHOUSE
Title: City Manager
If Seller is located in the City of Pacifica, does Seller have a current business license? Yes  No 

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Packet Pg. 128 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and

PURCHASE AGREEMENT
Project Title: MISCO WATER – Muffin Monster Grinders and Control Panel

Page 3 ends

The rights and remedies of the Buyer provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Purchase Order.

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Packet Pg. 129 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and

PURCHASE AGREEMENT
Project Title: MISCO WATER – Muffin Monster Grinders and Control Panel

Page 4 ends

change as directed prior to negotiation of any adjustment. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a member of the Buyer’s Purchasing Department.

INVOICES: Seller shall send Buyer a separate invoice for each shipment. Invoices shall not be issued prior to delivery of items. Payment shall not be made prior to receipt of items and an invoice. Credit and discount periods will be computed from the date of receipt of the invoice to the date the Buyer’s check is mailed. Unless freight and other charges are itemized, the discount will be taken on the full amount of the invoice. Payment will be made within thirty (30) days after approval of the invoice by the Buyer.

DELIVERY: Timely performance and deliveries are essential to this Purchase Order. The Buyer reserves the right to refuse deliveries made in advance of the delivery schedule.

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Packet Pg. 130 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and

PURCHASE AGREEMENT
Project Title: MISCO WATER – Muffin Monster Grinders and Control Panel

Page 5 ends

Buyer as promptly as practicable after delivery. Final acceptance shall be conclusive except with respect to latent defects, fraud or such gross mistakes as amount to fraud, or with respect to the Buyer’s rights under the “Warranty” clause.

Seller not liable for any consequential, incidental or liquidated damages. Total cumulative value of damages capped at the value of this order.

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Packet Pg. 131 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and

PURCHASE AGREEMENT
Project Title: MISCO WATER – Muffin Monster Grinders and Control Panel

Page 6 ends

Termination in accordance with this article shall not affect Buyer’s obligation to pay for items accepted by Buyer prior to such termination.

GOVERNING LAW; VENUE; DEFINITIONS: The definition of terms used, interpretation of this Purchase Order and rights of all parties hereunder shall be construed under and governed by the laws of the State of California. Any litigation with respect to this Purchase Order shall be brought and conducted in San Mateo County, California.

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Packet Pg. 132 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and ATTACHMENT 1

10.a
Packet Pg. 133 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and 5976 W. LAS POSITAS BLVD., SUITE #226
PLEASANTON, CA 94588
PH:(925) 225-1900 / FAX: (925) 225-9200
WWW.MISCOWATER.COM
To: David Peel Date: June 10, 2022
Assistant Superintendent Terms: Net 30 days
Pacifica, CA - Calera Creek WRP F.O.B.:Factory, Prepay & Add RE: Quote (#6102022BMO) – Grit Pump Protection System – JWC – Grinders & Control Panel MISCOwater takes pleasure in submitting the following proposal for your acceptance, on behalf of JWC:

QUANTITY DESCRIPTION UNIT PRICE EXTENSION
2 Muffin Monster Grinder (10000-0806)
Includes: 5 HP TEFC motor (460v/3ph/60Hz), 6” pipe flanges, & 8” cutter stack utilizing 11-tooth cam cutters in hardened alloy steel. $21,358 $42,716
1 Control Panel (PC2200)
Includes: motor contoller in a NEMA 4x 316ss Enclosure, IEC starter w/over-current protection, jam-sensing current transformer, & micro-PLC.

Freight to Jobsite
Start-Up Services (1 trip, 1 day)
$14,238
$1,250
$2,500
$14,238
$1,250
$2,500
Total $60,704
Estimated Lead Times
Submittals = 4 – 6 weeks (after receipt of PO)
Fabrication = 5 – 7 weeks
Notes
Quote includes JWC equipment, submittals, freight (FOB), & start-up services.

Quote does NOT include knife gate valve(s), grinder support structure(s), installation of equipment, or installation materials.

Assumes that 480v/3ph power will be available in grit room for JWC’s equipment.

All Sales and contracts made by us are expressly subject to the conditions as shown hereon and on the back hereof. Stenographic and clerical errors subject to correction. Claims for shortages, defective goods, errors or allowances must be made within 30 days from date of invoice. This quotation shall be of no effect unless written acceptance is received by us within 30 days from the date hereof.

We reserve the right to withdraw this quotation prior to our receipt of such acceptance.

Submitted By:

Brandon Olson
[email protected]
(925) 596-1286

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Packet Pg. 134 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and Rev. 06/07/2016
MISCOWATER – TW ASSOCIATES

TERMS & CONDITIONS OF SALE

1. ACCEPTANCE
When the Buyer signifies acceptance of this quotation by submission of a Purchase Order or signed MISCOWATER Quotation, it shall become a binding contract when accepted and signed by an authorized signer of the Seller (MISCOWATER). Any changes or amendments to this proposal made by the Buyer must have MISCOWATER’s approval in writing to become a part of this contract.

2. DELIVERY
Any shipment or delivery date recited represents our best estimate, but no liability, direct or indirect, is assumed by MISCOWATER for failure to ship or deliver on such dates. Unless otherwise directed, MISCOWATER shall have the right to make early or partial shipments and invoices covering the same to Buyer shall be due and payable in accordance with payment terms hereof. FOB shall be origin.

3. APPROVAL DRAWINGS
Any preliminary drawings or literature attached to our quotation are for illustration purposes only to show approximate arrangements. Specific drawings and submittal data will be furnished for approval as required after receipt and acceptance of the Buyer’s order. Fabrication of products or equipment ordered will not begin until approval and direction to proceed is received in writing.

4. PAYMENT
Payment terms, upon credit approval, are Net 30 Days from the date of each invoice issued for each partial or final shipment. Flowdown provisions are not accepted. Retention is not allowed. In the event any payment becomes past due, a charge of 1.5% will be assessed monthly.

5. TAXES AND BONDS
Taxes and bonds are NOT included in our pricing. Any applicable taxes or bonds will be added to the price and shown separately on each invoice.

6. CLAIMS AND BACKCHARGES
Buyer agrees to examine all materials immediately upon delivery and report to Seller (MISCOWATER) in writing any defects or shortages noted no later than 10 days following the date of receipt. The parties agree that if no such claim is made within said time, it shall be considered acceptable and in good order with respect to any defect or shortage which would have been revealed by such an inspection. In no event will MISCOWATER be responsible for any charge for modification, servicing, adjustment or for any other expense without written authorization from MISCOWATER prior to the performance of any such work.

7. SECURITY INTEREST & TITLE
Until all amounts due MISCOWATER have been paid in full, Seller shall retain a security interest in the product and have all rights of a secured party under the California Uniform Commercial Code, including the right to repossess the product or equipment without legal process.

8. WARRANTY
MISCOWATER warrants that the product furnished will be free from defects in material and workmanship when installed, operated and maintained under design conditions and in accordance with the manufacturer’s written instructions. Warranties will expire (18) months after shipment or twelve (12) months after start-up, whichever occurs first. Expandable items such as filter or scrubber media are excluded from this warranty.

THIS WARRANTY, INCLUDING THE STATED REMEDIES, IS EXPRESSLY MADE BY SELLER AND ACCEPTED BY PURCHASER IN LIEU OF ALL OTHER WARRANTIES. SELLER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCT HEREIN. SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR LIQUIDATED

DAMAGES, AND IN NO EVENT SHALL BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT PURCHASED ON THIS ORDER.

The foregoing is Seller’s only obligation and Buyer’s exclusive remedy for breach of warranty, and, except for gross negligence and willful misconduct, the foregoing is Buyer’s exclusive remedy against Seller for all claims arising hereunder or relating hereto. Buyer’s failure to submit a timely claim as provided shall specifically waive all claims for damages or other relief.

9. CANCELLATION
Should this order be cancelled, Buyer shall be obligated to pay for the level of work performed and products shipped. Work performed includes any engineering, calculations, preparation of submittals, drawings, and/or travel to job site in relation to this order.

10. FIELD WORK
Unless specifically stated on our quotation, installation, start-up service, supervision, operation and training are not included in our pricing of product.

11. COMPLETE AGREEMENT
These terms are intended by the parties as a final expression of their agreement and are intended also as a complete and exclusive statement of the terms of their agreement. No course or prior dealings between the parties and no usages of the trade shall be relevant to supplement or explain any term used in this agreement. This agreement supersedes all prior representations and agreements with respect to the matters set forth herein and may be modified only by a written agreement to and signed by each of the parties.

MISCOWATER: By:

Title: Title:

Date: Date:

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Packet Pg. 135 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and Appendix

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Packet Pg. 136 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and The Monster Family is Growing
SULZER CONFIDENTIAL www.jwce.com/headworks
JWC Environmental
2850 S. Red Hill Avenue,
Suite 125
Santa Ana, CA 92705
P: 949-833-3888
F: 714-242-0240
Date: April 25, 2022
Subject: Sole Source Letter - MISCOwater - JWC Equipment & Parts JWC Environmental is the inventor and owner of the Muffin Monster® Grinder, Channel Monster®, Auger Monster®, Screenings Washer Monster™, Honey Monster™ and Monster Screening Systems™. We hold numerous patents and trademarks on these products.

JWC Environmental is the sole manufacturer of these products and the exclusive source for service parts for this equipment.

MISCOwater is the exclusive JWC Environmental representative for California, Arizona, New Mexico, Colorado, Wyoming, Nevada and parts of Texas.

MISCOwater is proposing to provide (2) JWC Muffin Monster Grinders at the Pacifica - Calera Creek WRP. The City of Pacifica already owns and operates JWC's Muffin Monster Grinders. The intent of this product offering is to reduce the complexity of O&M requirements due to the commonality of equipment onsite.

Please feel free to contact me at 714-618-4941 or [email protected] if we can provide any additional information.

Sincerely,
David Barkey
Western Regional Sales Manager

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Packet Pg. 137 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and

MUFFIN MONSTER
In-line/Open Channel Grinders
®
www.jwce.com

10.a
Packet Pg. 138 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and before:
cut 1 way
after:
cut 2 ways
wipes ready® technology
Wipes Ready® Cutters*
Achieve the desired 2-Dimmensional cutting
capabilities to control both the width and length of
output, preventing materials from forming long strips
and reweaving in the waste stream.
• Cut wipes in 2 directions
• Smaller particle size
• No reweaving
10K Series Muffin Monster®
The 10K Series Muffin Monster is a compact grinder, tough on solids in sludge and sewage applications. It fits into areas with limited space requirements while still providing the necessary power for downstream protection. The 10K Series is an ideal, low-cost solution that goes beyond sludge grinding at resource recovery facilities, and fits perfectly into office buildings, apartment complexes, resorts, retail centers and package treatment plants.
30K Series Muffin Monster®
Troublesome solids are now easier than ever to reduce with the Muffin Monster dual-shafted grinder. Its slow speed, high-torque design shreds tough solids that typically cause sewer problems. With over 35,000 installations, the proven capabilities of the Muffin Monster is legendary in providing solutions for the ever more stringent operational needs arising throughout the industry. 40K Series Muffin Monster®
The 40K Series Muffin Monster excels in wet and dry grinding applications. It’s a powerful shredder for large sludge processing systems. It also serves in many industrial applications including fish and beef processing, petroleum, pulp and paper mills, chemical plants, and recycling plants. The proven capabilities of the Muffin Monster are now providing solutions for the ever more stringent operational needs arising throughout the industry.
* Patent Pending
Muffin Monster sewage grinders
are designed to protect pumps and
other equipment by grinding down
the toughest wastewater solids.

Applications including:
lift station, sludge lines;
septage receiving stations;
headworks screenings reduction,
prisons and more.

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Packet Pg. 139 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and before after
Muffin Monster | 800.331.2277 | jwce.com | [email protected] DELTA P Side Rails
Ensure the capture of all items in the waste stream
and drive debris into the cutter stack with patented
siderail design.
• Drives Debris into Cutters
• Prevents Build Up
• Enhances High Flow
Optimized Cut Control
Improve cutting by tailoring the speed of the new
wipes-ready cutter rotation with patented optimized
cut control.
• Cutters Stay Clean
• Prevents Long Strips
Features
Dual Shafted Grinder
• Slow-speed, high torque grinders handle rags, rocks, wood, wipes, clothing, plastics and other debris.
• Capable of grinding a wider variety of solids than single shafted machines, macerators, or chopper pumps.

Compact and Efficient Design
• Adapts to pipelines or channels with little or no modification. • Custom stainless steel frames allow easy installation in channels, wet wells and pump stations.
• In-line 30K Muffin Monster incorporate an easy to remove cutter cartridge.

Automated Monitoring and Controls
• Auto load sensing and reversals reduce interrupts and optimize the grinder’s performance.

Benefits
Equipment Protection
• Protect pumps and other critical equipment from costly clogs and damage from tough solids.

Efficient Treatment Operations
• Grinding separates organic from inorganic materials in the waste stream. • Organics stay in treatment process and screening are cleaner.

Lower Operating Cost
• Clear pipes and pumps means shorter pump run cycles and lower electrical costs.

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Packet Pg. 140 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and options
Electric Motor
7-Tooth:

Pump Stations or Prisons
Hydraulic Drive
13-Tooth:

Heat-exchanger or Centrifuge
Protection
17-Tooth: 
Rags, Stringy Materials
Exclusive: JWC Designed
Immersible Motor
(NEMA-6P)
11-Tooth:

Wastewater, Sludge
or Scum
Cutters
• 7, 11, 13, 17 and 23 tooth options.
• Special Cutter designs for unique needs.
• Optional stainless steel cutters.
 17-Tooth Serrated Wipes Ready® Cutter.

Custom Control Configurations Model PC2200 Standard Enclosure Smart Controller
• Load sensing control system
automatically reverse to clear jams.
• Standard: NEMA-4X FRP enclosure
with 3-position switch and status
indicators.
• Optional: NEMA 4X stainless steel or
NEMA 7 enclosures.
• Customized control configurations for
any installation.
• UL registered.

Motors
• TEFC: Totally enclosed fan cooled electric.
• XPFC: Explosion proof fan cooled electric.
• XPNV: Exclusive electric immersible.
• Hydraulic Drives available in: 2, 3, 5, 10 HP (2.2,

3.7, 7.5 kW).

Hydraulic Power Packs
• Available in: 5, 10, 15 HP (3.7, 7.5, 11 kW).

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Packet Pg. 141 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and www.jwce.com
©2019 JWC Environmental. JWCE’s Santa Ana California facility is registered by UL to ISO9001:2015 #10001313 QM15. JWC Environmental, FRC, IPEC, Muffin Monster, Wipes Ready, are trademarks for JWC Environmental Inc, registered in the U.S. and other countries. U.S. patents apply: 7,383,842; 7,086,405; 7,081,171; 7,080,650; 7,073,433; 7,854,850; 7,771,589; 9,421,550; 10,086,320; 10,130,952. U.S. patents pending: 62/054,628; 62/054,643; 62/609,547; 62/608,884; 62/564,645; 62/564,662. Additional patents pending. All rights reserved. JWC Environmental is not liable for damages that may result from any information provided in or omitted from this publication, under any circumstances. JWC Environmental reserves the right to make adjustments to this publication at any time, without notices or obligation. Please check the JWC Environmental website (www.jwce.com) for the most up-to-date information. (MuffinMonster-NA-JWCE-1119)
Headquarters
2850 S. Red Hill Ave., Suite 125
Santa Ana, CA 92705 USA
toll free: 800.331.2277
phone: 949.833.3888
fax: 949.833.8858
email: [email protected]
Since its founding in 1973, JWC Environmental has become a world leader in solids reduction and removal for the wastewater industry with its Muffin Monster grinders and Monster Separation Systems.

JWC also solves challenging size reduction and processing problems in commercial and industrial applications through its Monster Industrial division. JWC Environmental is headquartered in Santa Ana, California, and has a global network of representatives, distributors and regional service centers to provide customer support.

For more information, visit JWC Environmental at www.jwce.com.

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Packet Pg. 142 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and 8 HOLES E -
D - P.C.D
12 [305]
18 1/2
[470]
A 1-1/2" NPT

INSPECTION PORTS
1/2" NPT

DRAIN PORTS
B
8 1/4
[210]
C

0.000

0.014

0.028

0.041

0.055

0.069

0.083

0.097

0.110

0.124

0.138
0 11 23 34 45 57 68 79 91 102 114 125 136

0.0 0.2

0.4 0.6

0.8 1.0

1.2 1.4

1.6 1.8

2.0 0 50 100 150 200 250 300 350 400 450 500 550 600
10% DS
8% DS
6% DS
4% DS
2% DS
10000-0806-DI
(6 inch)
10000-0804-DI
(4 inch)
FLOW RATE (m3/hr)
PRESSURE DROP (psi)
PRESSURE DROP (millibar)
FLOW RATE (gpm)
RAW
SEWAGE
MODEL 10000
Materials of construction
Housings: Ductile iron
Cutters: Hardened alloy steel
Shafts: Hardened alloy steel
Mechanical Seals: Tungsten carbide faces
Specifications
2” (50 mm) hex shafts;
Standard 2 hp (1.5 kW) gear motor
Cutter Size: 4-3/4” (120 mm) diameter cutters
Seal Max Working Pressure: 90 psi (6 bar)
In-line
Model
Flow Rate*
- gpm
(m3/hr)
Pipeline
Size
- inches
(mm)
Pressure
Drop
- psi (bar)
Standard Dimensions
- inches (mm)
Flange Dimensions
- inches (mm)
Approximate
Net Weight
- lbs (kg)
A - 2 hp (1.5 kW) A - 3 hp (2.2 kW) B C D E
10000-0804-DI 275 (62) 4 (100) 0.36 (0.03) 33-7/16 (850) 35-7/16 (900) 6-1/4 (158) 16 (406) 7-1/2 (180) 3/4 (19) 303 (137) 10000-0806-DI 550 (125) 6 (150) 1.33 (0.09) 33-7/16 (850) 35-7/16 (900) 7-1/4 (184) 19 (483) 9-1/2 (240) 7/8 (23) 323 (147) * 0-2% solids • In-line unit typically installed upstream of the pump • Consult factory for analysis of application • Drive dimensions are based on a unit with gear motor.

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Packet Pg. 143 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and

0.000

0.014

0.028

0.041

0.055

0.069

0.083

0.097

0.110

0.124

0.138
0 11 23 34 45 57 68 79 91 102 114 125 136

0.0 0.2

0.4 0.6

0.8 1.0

1.2 1.4

1.6 1.8

2.0 0 50 100 150 200 250 300 350 400 450 500 550 600

PRESSURE DROP (BAR)

FLOW RATE (M
3 /HR)

PRESSURE DROP (PSI)

FLOW RATE (GPM)
MODEL 10000-08
7-02-15
10% DS
8% DS
6% DS
4% DS
2% DS
RAW
SEWAGE
10000-0806
(Ø150 mm)
10000-0804
(Ø100 mm)
FC-10000-08HH-IL-DOM-A
REV A, ECN000026, 03/02/21, CG

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Packet Pg. 144 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement

UNCONTROLLED COPY
GA Drawings - For Reference Only 10.a
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UNCONTROLLED COPY

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UNCONTROLLED COPY

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UNCONTROLLED COPY

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Packet Pg. 148 Attachment: GritSystemUpgrade P041 MISCOwaters_PurchaseAgreement (5092 : Purchase Agreement with MISCOwater for Grinders and

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/22/2022
1 SUBJECT:

Purchase Agreement between the City of Pacifica and De Nora Water Technologies, LLC for the purchase of ControlLogix System and Blower Unloading Valve in connection to the Calera Creek Water Recycling Plant Sand Filter Upgrade Project.

RECOMMENDED ACTION:

Approve Purchase Agreement between the City of Pacifica and De Nora Water Technologies, LLC, via sole source, in the amount of $131,000.00 for the purchase of ControlLogix System and Blower Unloading Valve in connection to the Calera Creek Water Recycling Plant (CCWRP) Sand Filter Upgrade Project; approve budget authority in the amount of $151,000.00 which includes 15% contingency in the amount of $20,000.00; authorize the City Manager to execute all documents related to the project.

STAFF CONTACT:

Dave Peel, Assistant Superintendent
(650) 738-4660
[email protected]
Maria Aguilar, Plant Manager
(650) 738-4660
[email protected]
Lisa Petersen, Director of Public Works
(650) 738-3767
[email protected]
BACKGROUND/DISCUSSION:

During the FY 2022-23 Capital Improvements Program (CIP) budget approval process, the Council approved funding for the Calera Creek Water Recycling Plant (CCWRP) Sand Filter Upgrade Project. Purchase of a new programmable logic control system and blower uploading valve was included in the funding approval for the CCWRP Sand Filter Upgrade Project.

CCWRP utilizes five U.S. Filter (now De Nora Water Technologies) sand filters to remove solids from the CCWRP (Plant) primary effluent. After the water flows through the sand filters it becomes final effluent, which is treated water being discharged from the Plant into Calera Creek. The removal of suspended solids allows the last process before discharge, ultra-violet disinfection, to be efficient and cost effective. It also allows the City to stay within the National Pollutant Discharge Elimination System (NPDES) permit guidelines for maximum total suspended solids that can discharge to the final effluent. During large storm events, the sand filter operation is critical to allow water out of the Plant so it can receive high storm flows.

Control of the sand filters is automated and utilizes an Allen Bradley PLC5 programmable logic controller system (PLC) that has been produced for over 30 years. Staff received notice from Allen Bradley that this controller would be phased out. This end-of-life announcement means 11 Packet Pg. 149
Pacifica City Council 2
August 22, 2022
there will no longer be any support for parts and repair of PLC 5 components, although the Plant has spare back-up parts that have been purchased.

When a particular brand of PLC is specified upon initial construction of a project, the architecture of that project becomes very specific. To change brands of PLCs within a Plant can be very involved. Different cabinets, wiring, software, programming, training, etc. can exceed the cost savings of a different brand of PLC. Fortunately, Allen Bradley has deemed its ControlLogix line of PLCs as a direct replacement for the PLC5.

De Nora Water Technologies (DNWT) has developed several improvements to filter operations in the past 15 years that will allow much more flexibility in the operation at CCWRP. One of the improvements is DNWT’s proprietary and patented Speed Bump technology. The Speed Bump (Bump) has two purposes. One is to release gasses that form biologically and accumulate in the filter media that can impede filtration. The second purpose allows the redistribution of solids within the media bed to increase filter runtimes. The Bump is commonly used during high filtration rate periods to maintain filtration through the filter system. The Bump technology will redistribute the solids within the beds during high flow events to maintain filtration rates, minimizing the possibility of disruption to the Plant during storm events.

Thus, a benefit of replacing the existing PLC5 with the ControlLogix is that it allows for the Speed Bump technology to be added to the automation of the sand filter operation. ControlLogix adapters will allow the use of the existing PLC 5 wiring harnesses, plugs, rack locations, and cabinets, to accomplish the processor retrofit. By using these adapters, downtime for the filter system and installation costs will be minimized. In addition, DNWT proposed the purchase and installation of the Blower Unloading Valve, which is a component used to meter the blower air with the proposed Bump feature. This will reduce the initial air surge into the filters increasing the longevity of the filter system. It also allows for easier blower starts, thereby reducing initial back pressure on the blower and wear on the blower.

The following are reasons purchase of ControlLogix System and the Blower Unloading Valve from De Nora have been determined to be Sole Source commodities and benefits the City:
• DNWT is the design owner of the sand filter system at CCWRP. • DNWT’s familiarity with CCWRP’s sand filter system enables them to provide the highest standard of responsiveness and reliability.
• The original commissioning DNWT engineers are available, thereby reducing any timeconsuming learning curve to understand the existing system and perform proper upgrade.
• DNWT has priority right to the Speed Bump that is designed to redistribute the solids within the sand filter bed during high flow events to maintain filtration rates. • DNWT has the expertise to program the new ControlLogix System and Blower Uploading Valve for the Speed Bump to be integrated in the automation of the sand filter system and the new system is compatible with the existing wiring harnesses, plugs, rack locations, and cabinets.

For these reasons, the City Manager is recommending the approval of the Purchase Agreement between the City of Pacifica and DNWT, via sole source, in the amount of $131,000.00 for the purchase of a ControlLogix System and Blower Unloading Valve in connection to the CCWRP 11 Packet Pg. 150
Pacifica City Council 3
August 22, 2022
Sand Filter Upgrade Project.

ALTERNATIVE ACTION:

The Council may choose not to approve the Purchase Agreement with De Nora Water Technologies via sole source and direct staff to issue a Request for Proposal (RFP). However, doing so will delay project delivery, will likely increase project cost, will subject us to parts procurement problems during failures, and possibly violate the Plant’s National Pollutant Discharge Elimination System (NPDES) permit.

RELATION TO CITY GOALS AND WORK PLAN:

Approval of the Purchase Agreement with De Nora is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: The Project will ensure continuous treatment of wastewater at the Calera Creek Water Recycling Plant and compliance with its NPDES permit.
• Maintaining a Safe Community: The Project will ensure continuous treatment of wastewater at the Calera Creek Water Recycling Plant and compliance with its NPDES permit.

FISCAL IMPACT:

The cost of purchasing the ControlLogix System and Blower Unloading Valve is $131,000. City staff recommends including a 15% contingency for any additional parts or services needed to complete the project. The Source and Use of Funds spreadsheet is shown below.

Total Use of Funds
Purchase Agreement $ 131,000
Contingency (15%) $ 20,000
Total Cost $ 151,000
Total Project Source
Enterprise Fund (Fund 34) $ 209,000
Account No 34.900000.52800.P044.000
Estimated Project End Balance $ 58,000
No additional budget authority is necessary as sufficient funds have been allocated in the Wastewater Enterprise Fund FY 2022-23 budget for this project. The total cost of $151,000.00 is within the project budget of $209,000.00 allocated for the CCWRP Sand Filter Upgrade Project.

ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:
11 Packet Pg. 151
Pacifica City Council 4
August 22, 2022
PurchaseAgreement_Denora_CCWRP Sand Filter Upgrade_Final (PDF) 11 Packet Pg. 152

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PURCHASE AGREEMENT
CITY OF PACIFICA – WASTEWATER DIVISION
PURCHASE ORDER NO. 121379
Seller (Vendor): Buyer:

Name De Nora Water Technologies, LLC Name: City of Pacifica Address 2000 McClaren Woods Drive Address: 540 Crespi Drive City, State Zip: Pittsburg, PA 15108 City, State, ZIP: Pacifica, CA 94044 Attn: Frank Stanish Dave Peel
Phone: (412) 494-4075 Fax: Phone: (650) 393-3574 Fax: (650) 355-7256 E-mail: [email protected] Fed. Tax I.D.: E-mail: [email protected] Project Information (If Applicable): Ship To:

Charge to Calera Creek Water Recycling Plant
Acct#: 34.900000.52800.P044.000 – CCWRP Sand Filter Upgrade 700 Coast Highway Pacifica, CA 94044
Order Date Ship Via Payment Terms
- Net 30 days of invoice Upon Receipt of
Equipment Delivery
Buyer and Seller agree as follows:

MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Vendor shall furnish the materials or equipment described below in strict compliance with the Quotation from De Nora dated 1-14-2022 (Attachment 1) at the price or prices set forth opposite each item and within the times stated below in accordance with the terms and provisions of this Purchase Agreement, including the attached Terms and Conditions as amended, which are incorporated into and made a part of this Agreement. Except as specifically provided in this Purchase Agreement, the “General Terms and Conditions of Sale” appended to De Nora’s 1-14-22 Quotation shall not apply to this Agreement.

Item
No.

Item Description Budget
Acct No.

Quantity Unit Price Extension Delivery
Date
1 ControlLogix Upgrade 34.900000.52800.P044.000 LS $118,756 $118,756 2 Blower unloading valve 34.900000.52800.P044.000 LS $6,125 $6,125 TOTAL $124,881
Sales Tax : To Be Determined (Based of $63,185 for parts) Shipping: $ 0
P.O. Total: $ 131,000

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PURCHASE AGREEMENT
Project Title: DE NORA – PURCHASE ORDER FOR SAND FILTER UPGRADE

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Special Terms and Conditions
Shipping: Show Purchase Order number on all packages and invoices.

All purchases are F.O.B Pacifica unless otherwise specified on Purchase Order.

Charges: All transportation charges must be prepaid and shown separately on all invoices.

City of Pacifica is exempt from Federal Excise Tax.
 Purchase up to $10,000 (must be approved
by Department Head or authorized signator)
Approved: _______________________
Name: LISA PETERSEN
Title: Director of Public Works
 Purchase between $10,000.01 and $25,000
(must be approved by the Assistant City
Manager)
Approved: _______________________
Name: YULIA CARTER
Title: Assistant Manager
 Purchase between $25,000.01 and $50,000
(must be approved by the City Manager)
Approved: _______________________
Name: KEVIN WOODHOUSE
City Manager
 Purchase above $50,000
(must be approved by the City Council)
Date City Council Approved: _______________
Buyer: CITY OF PACIFICA
Authorized Signature: _______________________
Name: KEVIN WOODHOUSE
Title: City Manager
Vendor: DE NORA WATER TECHNOLOGIES, LLC
Authorized Signature:

Name:

Title:

If Seller is located in the City of Pacifica, does Seller have a current business license? Yes  No 

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PURCHASE AGREEMENT
Project Title: DE NORA – PURCHASE ORDER FOR SAND FILTER UPGRADE

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ACCEPTANCE: The attached Acceptance Copy shall be signed and returned by the Seller within ten (10) calendar days after it is received by the Seller and fully negotiated. The receipt by the Buyer of the signed Acceptance Copy or the initiation of performance under this Purchase Order by the Seller shall constitute acceptance of the Purchase Order by the Seller, including all of the terms and conditions herein as negotiated. Acceptance is limited to the terms stated herein. Any additional or different terms and conditions proposed by the Seller are rejected unless expressly agreed to in writing by City Purchasing Agent or authorized agent.

DEFAULT: The Buyer may terminate the whole or any part of the purchase in any one of the following circumstances: (1) If the Seller fails to make delivery or fails to perform within the time specified herein or any extension thereof; or (2) If Seller delivers nonconforming goods; or (3) If Seller fails to perform in accordance with the material provisions of this agreement, or so fails to make progress as to endanger performance of this Purchase Order in accordance with its terms. In the event of any such failure Buyer will provide Seller with written notice of the default and Buyer's intention to terminate for default if Seller fails to take material steps to cure the default to Buyer's reasonable satisfaction within seven (7) calendar days of Buyer' notice. If Seller fails to take material steps to cure or correct the default within seven days, the Buyer may, without further notice to Seller, procure upon such terms and in such manner as the Buyer may deem appropriate, items similar to those terminated, and the Seller shall be liable to the Buyer for direct and commercially reasonable costs of such similar items; however, the Seller shall continue the performance of this Purchase Order to the extent not terminated. The rights and remedies of the Buyer provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Purchase Order.

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PURCHASE AGREEMENT
Project Title: DE NORA – PURCHASE ORDER FOR SAND FILTER UPGRADE

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terminations or suspensions directed under DEFAULT above, of this agreement, will be made by written Change Order. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a member of the Buyer’s Purchasing Department.

TITLE AND RISK OF LOSS: All prices shall be F.O.B. Pacifica. The Seller shall be responsible for safe and adequate packing of the items, which shall conform to the carriers’ requirements. The Seller shall separately number all cases and packages, showing the corresponding numbers on the invoices. An itemized packing slip bearing this Purchase Order number shall be placed in each container. No extra charge shall be made for packaging or packing materials unless authority therefor is set forth in this Purchase Order. Seller shall assume and pay for any and all loss or damage to the merchandise from any cause whatsoever until delivered to Buyer at the specified destination.

DELIVERY: Timely performance and deliveries are essential to this Purchase Order. The Buyer reserves the right to refuse deliveries made in advance of the delivery schedule.

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PURCHASE AGREEMENT
Project Title: DE NORA – PURCHASE ORDER FOR SAND FILTER UPGRADE

Page 5 ends

WARRANTIES-GUARANTEES: The Seller warrants that the items, at time of delivery, shall conform to the Buyer’s specifications, the requirements of this Purchase Order, approved sample or samples, if any, and are free from defects in design, material and workmanship. Warranty will be as described in the attached Vendor’s Quotation. At the Buyer’s option, the Seller shall promptly either repair or replace defective items after receipt of the Buyer’s written notice of a defect. Transportation charges for the return and redelivery of defective items shall be borne by the Seller. Seller also warrants that said merchandise is free and clear of all liens and encumbrances whatsoever and the Seller has good and marketable title to same, and Seller agrees to indemnify, defend and hold the City of Pacifica, its officers, agents and employees free and harmless against any and all claimants to said merchandise. It is expressly understood the warranties shall not apply where failure is due to causes other than defective design, material and/or workmanship, including without limitation faulty installation by others, normal wear and tear, improper operation or maintenance, excessive temperatures or pressures, corrosion, and abuse. The remedies set forth in the Vendor’s Quotation are the sole and exclusive remedies for breach of warranty. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER DISCLAIMS

ALL OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLDUING

WITHOUT LIMITATION THE IMPLIED WARRANTIES OR MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any alteration, disassembly, division, modification, storage or use of the items not in accordance with Seller’s documentation shall void all warranty obligations of Seller related to such items. Buyer assumes full responsibility in the event Buyer uses the items in combination with other goods or in any manner not stated in Buyer’s written specifications provided prior to sale.

TERMINATION FOR CONVENIENCE: Buyer shall have the right to terminate this Purchase Order in whole or in part at any time, and from time to time, by written notice effective upon

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PURCHASE AGREEMENT
Project Title: DE NORA – PURCHASE ORDER FOR SAND FILTER UPGRADE

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receipt by Seller of such notice, even though Seller is not in breach of any obligation hereunder.

Termination in accordance with this article shall not affect Buyer’s obligation to pay for items accepted by Buyer prior to such termination.

LIMITATION OF LIABILITY: Notwithstanding any other terms in this Purchase Order, Seller’s total aggregate liability to Buyer with respect to any cause of action or claim hereunder, including but not limited to any warranty claims, shall not exceed the purchase price payable pursuant to the Purchase Order. In no event shall Seller be liable, either directly or as indemnitor of Buyer, for any special, punitive, incidental, indirect or consequential damages, including but not limited to damages for loss of use, loss of income or loss of profit. Notwithstanding the above, this limitation of liability shall not apply to a) claims brought directly against the Seller by unrelated third parties; and b) claims arising from Seller’s gross negligence or willfull misconduct.

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Packet Pg. 159 Attachment: PurchaseAgreement_Denora_CCWRP Sand Filter Upgrade_Final (5095 : Purchase Agreement with Denora for ControlLogix our research - your future

DE NORA WATER TECHNOLOGIES, INC
1000 Cliff Mine Road, Suite 600, Pittsburgh, PA 15275, United States - ph +1 412 788 8300 - fax +1 412 788 8304 mail [email protected] web www.denora.com
14 January 2022
Mr. Dave Peel
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Subject: Project Name Water Treatment Plant
City of Pacifica WWTP
De Nora Proposal Number P-91359 Rev 4
Dear Mr. Peel:

De Nora Water Technologies, Inc. (De Nora) is pleased to offer this proposal for the supply of equipment and services for upgrade of the control panel at the City of Pacifica WWTP. Our proposal is based on replacement of the equipment and the services described below. No other work is to be done or is implied.

De Nora Functional Improvements to the City of Pacifica’s Existing Operation De Nora has developed several improvements to filter operations in the past 15 years that will allow much more flexibility in the operation. The following advancements and advantages can be realized by sole-sourcing De Nora as the provider:

1. Add the De Nora proprietary and patented Speed Bump. Speed Bump has two purposes. One is to release gasses that form biologically, accumulate up in the filter media and impede filtration. The second purpose allows the redistribution of solids within the media bed to increase filter runtimes. The bump is commonly used during high filtration rate periods to maintain filtration through the filter system. Speed Bump will redistribute the solids within the bed during high flow events to maintain filtration rates. Bumps can be enabled and disabled and set up on time of day, interval, and only bump filters that are in need of one during these operations.

2. Add high level backwash starts as a backup to the normal backwash interval. If operations change upstream increasing the solids loading to the filters, this function is used to notify the operator of the changing condition and automatically backwash the filter.

3. Improve the backwash sequence to produce consistent backwashes across the filter system. Level indication will be utilized to optimize each backwash so that each filter receives the same length backwash no matter what the initial water level is.

4. Add blower unloading valve to discharge of the backwash air blower. This will reduce the initial air surge into the filters increasing the longevity of the filter system. This allows for easier blower starts reducing that initial back pressure on the blower and wear on the blower.

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6. The original commissioning engineers are available so there will be no time-consuming learning curve as what would be needed if non-De Nora personnel were used.

7. Denora will provide updated as built annotated programs for the new filter PLC and the revisions to communications with the plant main PLC.

Our Scope of supply for the upgrade will be:

Panel items to be furnished
• Ethernetswitch 1783-US5T Qty 2
• 24 VDC power supply 1606-XLB240E Qty 2
PLC Equipment to be furnished for ControlLogix Main Panel • 1756-A4 ControlLogix Chassis
• 1756-L81E ControlLogix Controller
• 1756-PA75 Power Supply
• 1756-OW16i 120V Output Card Qty 1
• 1756-IA16 120V Input Card Qty 1
• The PLC I/O modules will include prewired harnesses and wire tags and will be left with flying leads to be terminated at startup
PLC Equipment to be furnished for ControlLogix Remote Panel • 1756-A17 ControlLogix Chassis
• 1756-PA75 Power Supply
• 1756-ENBT Ethernet Module
• 1756-PA75 Power Supply
• 1756-IF16 Analog Input Module Qty 2
• 1756-OW16i 120V Output Card Qty 4
• 1756-IA16 120V Input Card Qty 10
• The PLC I/O modules will include prewired harnesses and wire tags and will be left with flying leads to be terminated at startup
Note: The PLC equipment is eligible for the Allen Bradley system upgrade program and can be returned to AB for a refund. Per Pacifica request the PLC equipment will be left on site for Pacifica to use as a future spare.

HMI Equipment to be furnishedQty 1
• 2711P-T10C21D8S PanelView Plus 7Standard Terminal 10.4 in Display Size, Color Display, Ethernet Communications, DC Power supply.
• The new AB panel view HMI will be located in the main control panel (the existing HMI will

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Drawings to be furnished
• Updated set of paper and electronic versions of drawingsshowing all new PLC cards and updated Bill of Materials.

Software to be furnished
• Complete Filter System application will be developed for the ControlLogix L81 processor. • Developed Filter System screens application for the PanelView Plus 7 Display • No Allen Bradley programming software will be part of this scope • The DH+ network will be replaced by an Ethernet/IP network. De Nora will assume the plant has the correct drivers on the SCADA system to accommodate this network change. De Nora will make the necessary tag name changes within existing Wonderware application.

Start-up Time to be furnished
• The new PLC will be programmed at the DE NORA facility. Program finalization and further troubleshooting will be completed during start-up at the site. • 13 man-days for installation and programming for the upgrade of the PLC/HMI. De Nora will provide two field representatives to complete this. The time will break down as shown below:
• 3 man-days in 1 trip for process assistance in start-up and training Travel Day
a. Two De Nora field engineers will travel to the City of Pacifica Day 1
a. Shut down power to panel and remove all existing PLC 5 equipment from existing panels
b. Remove Nematron PC
c. Remove Message View
d. Start installing new PLC and HMI equipment
Day 2
a. Finish installing new PLC and HMI equipment
b. Power up panels and new equipment and establish communications between all devices.

Day 3

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Day 5-8
a. Wonderware programming
b. Process start up & training
Travel Day
Additional services can be purchased, if desired, at the rate of $1,500 per day (8 hr/day max.), including travel days, plus travel and living expenses to be billed at cost.

When the De Nora field representative arrives on-site at the time requested by the contractor/purchaser, all equipment must be ready for work to begin. If equipment is not ready then our standard per diem rate, plus travel and living expenses, will apply.

De Nora personnel will tag and disconnect the wiring in the existing panel. De Norapersonnel will then reinstall and connect the new filter control wiring. The plant will be responsible for disposal of all waste.

PLC Software and Documentation
▪ The PLC will be fully programmed,staged and debugged at the DE NORA facility. Program finalization and further equipment troubleshooting will be done during start-up at the site. ▪ DE NORA will provide software documentation consisting of a fully annotated Ladder Logic Listing with cross-reference of internal coil and contact usage and location. ▪ Pacifica will supply the development software and key for Wonderware. De Nora will update the screens on site.

Blower Unloading Control Valve
4” Blower unloading valve to minimize initial air surge into filters for greater longevity of filters and easier blower start. Control valve will be butterfly type per AWWA Standard C504, with cast iron bodies and discs, and 304 stainless steel shafts. Valve Class will be 150B. The valve operatorwill be in accordance with AWWA C540 and have electric actuation. Operators to be sized based on a maximum pressure differential of 25 psi. The blower unloading valve to have an open/close speed of 60 seconds minimum. (Dezurik BAW with AUMA actuator).

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DE NORA BRANDS MAKE WATER EASY
Disinfection Capital Controls® EST™ MicroChem® UltraDynamics® Electrochlorination BALPURE®CECHLO® ClorTec® Mariner OMNIPURE® MIOX® OMNIPURE™ SANILEC® SEACLOR® Filtration De Nora TETRA® SORB33®UAT™
Fs/krn/P-91359 - CP Upgrade Proposal Rev 4
5 The following items are not included in the DE NORA package:
• Receiving, unloading, storing of DE NORA supplied equipment • Conduit and wire and engineering thereof
• Software and development key for Wonderware
• Spare parts
Price Payment and Schedule
De Nora Water Technologies, Inc.will provide the items above for a lump sum payment of; • ControlLogix Upgrade as described above $118,756.00
• Blower unloading valve as described above $6,125.00
• 9.25 % sales tax on $63,185.00 for parts $5,844.61
TOTAL with tax $130,725.61
Lead time 18-20 weeks
NOTE
• Cost for AB Equipment Conformal Coating for the ControlLogix equipment located in the Remote Panelhas been added into the cost.

Freight costs to Pacifica, California are included and any applicable taxes are shown above.

Pricing and acceptance of this proposal is valid for (90) days, and provided that shipment is executed within three (3) months after purchase order.

Acceptance of Proposal P-91359 Rev 4
Acceptance of this proposal is based on the incorporation of any referenced documents and De Nora Water Technologies Standard Terms and Conditions of Sale as follows De Nora Water Technologies, Inc. Pacifica WWTP
___________________________ ___________________________ (Name) (Name)
___________________________ ___________________________ (Title) (Title)
___________________________ ___________________________ (Date) (Date)

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DE NORA WATER TECHNOLOGIES LLC

DE NORA MARINE TECHNOLOGIES, LLC

DE NORA UV TECHNOLOGIES, LLC

DE NORA TECH, LLC

DE NORA NEPTUNE, LLC

GENERAL TERMS AND CONDITIONS OF SALE

1. APPLICABLE TERMS
The sale of products, goods, or components (the “Product(s)) and/or the provision of services (“Services”) by any one of the De Nora legal entities listed above (in each case, “Seller”) to the party from whom Seller is selling the Products or Services (“Purchaser”, and with Seller, each a “Party” and collectively the “Parties”) is limited to and made expressly conditional on Purchaser’s acceptance of these General Terms and Conditions of Sale (these “General Conditions”) which, along with any and all associated purchase orders, quotations, proposals, special conditions or other contract documents (including any expressly incorporated specifications or drawings) (“Seller’s Documentation” and, collectively with these General Conditions, the “Contract”). These General Conditions shall control over any inconsistent or additional terms or conditions proposed or issued by Purchaser or Seller, including any additional or different terms contained in any purchase order, acknowledgement, proposal or other communication, written or otherwise, unless specifically agreed to in writing by both Parties. These General Conditions shall not be varied and no conditions contained in any quotations, letters, advice notes, invoices or other communications issued by Seller or Purchaser shall annul or vary them, unless expressly agreed by both Parties in writing.

Purchaser’s acceptance of delivery or the full or partial payment of the purchase price hereunder shall constitute Purchaser’s express and unconditional acceptance of all the General Conditions, notwithstanding any other inconsistent terms, documents, prior dealings, or usage of trade.

2. PRICES AND PAYMENT TERMS
Purchaser shall pay the full purchase price as set forth in Seller’s Documentation without any deduction by way of set-off, counterclaim, discount or otherwise in strict accordance with Seller’s Documentation. All prices and payments shall be in U.S. currency unless otherwise expressly noted in Seller’s Documentation. Unless specifically noted otherwise in Seller’s Documentation, prices are exclusive of any and all sales, use, excise, ad valorem, property or other taxes, duties or levies of any kind due or applicable to this transaction. Purchaser shall pay directly or reimburse Seller immediately upon demand for any and all such taxes. Payment terms are net 30 calendar days from date of invoice.

Where payment is made by letter of credit (to the extent permitted by Seller’s Documentation), the applicable instructions as communicated in writing by Seller to Purchaser shall determine the terms of payment thereunder. Where payment on credit terms is expressly approved, payment terms are net thirty (30) calendar days from date of invoice. Any payments delayed beyond thirty (30) days from the specified due date shall be subject to interest on the unpaid balance at the rate of [one and one-half (1- 1/2%) percent] per month or the maximum rate permitted by applicable law, whichever is less. If advances, progress payments, or milestone payments are included in the Seller’s Documentation, such payments shall be required to be made in strict accordance with the Seller’s Documentation. Seller reserves the right, among other remedies, to suspend further deliveries in the event Purchaser fails to pay for any one shipment when payment becomes due. All Contracts are subject to credit approval. Should Purchaser’s financial condition become unsatisfactory or insecure, in Seller’s discretion, Seller shall have the right, at its option, to require from Purchaser payment in advance, cash payment upon delivery, or satisfactory security.

If Purchaser is required by applicable law to withhold any amounts paid or payable to Seller for tax purposes, (a) the amount paid or payable shall be increased by the amount that it would have received had not taxes been withheld and (b) Purchaser shall forward proof of such legally required withholding to Seller as soon as reasonably practicable.

Purchaser hereby irrevocably grants Seller a security interest in the Products until such time as Purchaser makes full payment of the purchase price. Purchaser agrees, if requested, to execute a financing statement or such other documentation as may be necessary or advisable to perfect and maintain such security interest including the execution and delivery to Seller of a UCC-1 financing statement.

3. DELIVERY AND RISK OF LOSS
Delivery dates set forth in Seller’s Documentation are approximate and Seller will make commercially reasonable efforts to meet same. Timely delivery is subject to prompt and timely receipt from Purchaser of accurate and complete technical and shipping information. Seller reserves the right to make partial shipments, invoices for which shall be due and payable in accordance with the payment terms specified above. Where payment is due in advance or by letter of credit, timely delivery is further subject to timely receipt of such payment or issuance of such letter of credit. All shipping and handling costs are to be paid by Purchaser. Purchaser is liable for compliance with all laws and regulations governing the unloading, storage, importation, handling and use of all Products.

Whether or not installation Services are performed by Seller, title and risk of loss shall pass to Purchaser in accordance with the stated shipping terms under Incoterms 2010.

Unless otherwise agreed and specified in Seller’s Documentation, shipping terms are Ex Works Seller’s facility. Seller will notify Purchaser when Products are available for shipment. Purchaser must provide Seller with specific written instructions as to Purchaser’s preferred method of shipment or common carrier. If Purchaser does not arrange for a freight carrier or freight forwarder to collect the Products within seven (7) calendar days following notification that the Products are available, Seller may, at its own discretion and at Purchaser’s cost, arrange for Products to be collected by a freight carrier or freight forwarder for shipment to Purchaser. Alternatively, Seller may choose to store the Products and may charge Purchaser all incurred storage and handling expenses and fees.

In the event Purchaser requests a postponement of delivery beyond the date specified in Seller’s Documentation, Seller may invoice the Purchaser and title and risk of loss shall pass to Purchaser at such time as Products are made available for shipment but in no event earlier than the delivery date specified in Seller’s Documentation. If delivery is postponed by Purchaser, Seller shall endeavor but shall not have the obligation to either store the Products or secure a storage location at Purchaser’s expense and based upon General Conditions mutually agreed by the Parties in writing.

Prior to installation, Products must be stored by Purchaserin accordance with the storage instructions that may be a part of Seller’s instructions or other documentation for Product installation, maintenance, and care. In the absence of specific instructions in the Seller’s Documentation, Products must be stored prior to their installation in an enclosed space affording protection from weather, dust and physical damage and providing appropriate temperature, humidity and ventilation conditions to prevent deterioration. Purchaser’s failure to follow Seller’s storage instructions may cause damage to the Products and will void the warranties provided hereunder. Seller shall have the right to inspect Products stored by Purchaser prior to installation. If Products are stored by Purchaser for a period of 60 days or more, Purchaser shall reimburse Seller for all reasonable costs of such inspection.

4. PERMITS, REGISTRATIONS AND LAWS
Purchaser is responsible for obtaining and maintain all permits and registrations and for compliance with local laws concerning permitting, registration, installation and use of the Products or the provision of Services. Purchasershall indemnify and hold harmless Seller from any and all costs, damages, fines and penalties resulting from Purchaser’s failure to comply with any and all applicable laws, permits and regulations. Purchaser shall strictly comply with and refrain from exporting or re-exporting the Products in violation of all applicable laws, rules, and regulations affecting Seller regarding trade restrictions, import-export compliance, money laundering, anti-bribery protections, and embargoes, as such laws, rules, and regulations may be amended from time to time. Unless otherwise agreed according to the specified Incoterms governing shipment of the Products, Seller shall have no obligation or liability for export clearance, customs clearance or import duties of any kind. Purchaser shall provide to Seller any and all documentation requested by Seller to evidence Purchaser’s compliance with such applicable import-export laws and regulations.

Seller may provide reimbursement to Purchaser or Purchaser’s representative, either directly or indirectly through intermediaries, for their reasonable and bona fide travel and lodging expenses in connection with Purchaser’s purchase of Products or Services hereunder. Any such reimbursement is NOT a payment, gift, offer or promise of anything of value, but is rather provided to Purchaser for the sole purpose of reimbursing Purchaser’s reasonable travel and lodging expenses related to the promotion, demonstration or explanation of the Products or Services being offered by Seller to Purchaser. Should Seller discover that a violation of the U.S. Foreign Corrupt Practices Act, the UK Bribery Act, or other applicable law, rule, or regulation has occurred or is likely to occur, Seller shall have the right to unilaterally terminate the Contract.

5. PRODUCT ACCEPTANCE
Except for Products that are not assembled at Seller’s facility, Purchaser has the right to inspect Products at Seller’s facility prior to shipment provided that advance written arrangements are made by Purchaser and are confirmed in writing by Seller. Any and all costs associated with inspection and testing requested by Purchaser at Seller’s facility will be paid solely by Purchaser. Purchaser shall inspect the Products within a reasonable period of time following receipt at the point of destination and prior to conducting any Acceptance Test (as defined below) to determine if the Products are damaged, incomplete or do not otherwise conform to Purchaser’s express specifications. If Purchaser receives Products with visible or suspected damage or loss, including damages to the packaging, or with discrepancies in specification, Purchaser shall make relevant notes in receiving documents and notify Seller in writing immediately. Such notice shall be reasonably detailed and shall specify the damage or discrepancy. Purchaser’s failure to inspect the Products and/or give written notice to Seller of any alleged defects or nonconformity within a reasonable period of time after receipt at the point of destination shall waive Purchaser’s right to reject the Products and return them to Seller for credit and Purchaser’s sole remedy for non-conforming or defective Products shall be warranty claims made in accordance with Article 8 herein.

For purposes of this Article 5, “reasonable period of time” means a period of time that is not immoderate or excessive, in accordance with prevailing industry standards at the time of delay.

If Seller’s Documentation expressly provides that the Products are subject to specific acceptance testing (the “Acceptance Test”) in order to verify Product performance in accordance with specifications set forth in Seller’s Documentation, the Products shall be deemed fully accepted when they have satisfied the requirements of the Acceptance Test.

Purchaser’s remedy for Products that have failed an Acceptance Test or are within the warranty period shall be limited, at Seller’s sole discretion, to the repair or replacement of such Products.

Notwithstanding any right conferred upon the Purchaser to inspect or test the Products prior to acceptance, any use, repair, modification, or alteration of the Products by Purchaser, its agents, employees or licensees, for any purpose after delivery thereof, shall constitute Purchaser’s irrevocable and unconditional acceptance of the Products.

Accordingly, in the event of any discovery by Purchaser of a non-conformity or defect following such acceptance of the Products, Purchaser’s sole recourse is a warranty claim pursuant to the warranty provisions stated in Article 8 herein.

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6. INSTALLATION AND/OR START UP SERVICES
If Seller’s Documentation includes the provision of Services (including installation supervision, on-site assembly, or start-up services), Purchaser will confirm to Seller at least two (2) weeks (or such shorter term set forth in Seller’s Documentation) prior to the date Seller’s personnel will be required on site to perform such Services that Purchaser has fully completed all work necessary for such Services in accordance with Seller’s Documentation. In the event that the completion of such Services is delayed for any reason not the fault of Seller, Purchaser shall pay for any additional costs resulting from the delay. Seller shall not be responsible for the means and methods selected for such Services, or for the manner in which such Services are performed, including the efficiency, adequacy and safety of same. Seller makes no warranty, express or implied, with respect to such Services, except that the Seller shall be responsible for any claims or damages resulting from its own negligence.

7. SUSPENSION AND CANCELLATION
If Purchaser suspends, cancels or partially cancels a Contract, Purchaser shall promptly pay Seller for all Products delivered to date, work performed on account of the Products, and all Services completed or in process prior to such suspension and/or cancellation, plus any other reasonable costs incurred by Seller as a result of such suspension and/or cancellation including, if applicable, an appropriate restocking fee.

8. WARRANTY
Subject to the conditions stated below, Seller warrants the Products (excluding spare parts and Services) against defects in materials and workmanship for a period of [eighteen (18)] months from the date in which title has passed to Purchaser or [twelve (12)] months from the date of installation of the Products, whichever occurs first. Seller shall, at its option, repair or replace any Products or components thereof that prove upon examination to the satisfaction of Seller to be defective. In addition, any part or component that has been repaired or replaced shall be warranted for a period equal to the lesser of (i) the remaining warranty period hereunder; or (ii) one year from the date of such repair or replacement. Spare parts are warranted against defects in materials and workmanship for a period of [ninety (90)] days from the delivery of the spare parts, unless otherwise specified. This warranty expressly excludes and does not apply to the appearance of the Products, as variations in color and appearance may occur.

In the event that Seller fails to initiate a corrective action plan to repair or replace the defective Products within [30] days following Purchaser’s notification, Purchaser may, at its reasonable discretion, take action to repair or replace such defective product and Seller shall bear the direct and commercially reasonable cost for parts and labor thereof.

In such circumstances, Seller has no warranty obligation with regard to the repair or replacement performed by Purchaser. Further, if Purchaser improperly repairs or replaces the defective Products and/or uses incompatible components, Seller is not responsible for any costs, damages or malfunctions resulting therefrom.

Any alteration, disassembly, division, modification, storage or use of the Products not in express accordance with Seller’s Documentation shall void all warranty obligations of Seller related to such Products. Purchaser assumes full responsibility in the event Purchaser uses the Products in combination with other goods or in any manner not stated in Purchaser’s written specifications provided prior to sale.

All costs associated with removing the Products from service and re-installing same following examination, repair or replacement are to be borne by Purchaser. Seller may, in its sole discretion, require that the Products be shipped to Seller’s facility for examination, repair or replacement. All transportation costs to and from Seller’s facility, if required, are to be prepaid by Purchaser.

THE WARRANTIES SET FORTH HEREIN, IF ANY, ARE MADE EXPRESSLY IN LIEU OF OTHER

WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND ANY IMPLIED

WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR

PURPOSE, EVEN IF THAT PURPOSE IS KNOWN TO SELLER, IS HEREBY EXPRESSLY EXCLUDED; PROVIDED, HOWEVER, THAT THE PRODUCTS ARE WARRANTED TO CONFORM

IN ALL MATERIAL RESPECTS TO THE RELEVANT AND KNOWN SPECIFICATIONS, AND

PERFORMANCE STANDARDS, INCLUDING ANY MUTUALLY AGREED MODIFICATIONS THERETO.

SELLER’S LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY FAILURE BY SELLER TO

SUPPLY PRODUCTS THAT MEET THE FOREGOING WARRANTY IS EXPRESSLY LIMITED TO, AT SELLER’S OPTION, THE REPAIR OR REPLACEMENT OF THE NON-CONFORMING PRODUCTS.

9. INDEMNIFICATION
Purchaser and Seller shall each defend, indemnify and hold the other harmless from and on account of all bodily injury and property damage claims asserted by third parties as a result of the other’s negligent acts or omissions. To the extent that both Purchaser and Seller are determined by a finder of fact to be negligent and the negligence of both is a proximate cause of a claim by a third party against either Purchaser or Seller, then in such event, Purchaser and Seller shall each be responsible for a portion of the liability, including costs and expenses, attributable to its comparative share of the total negligence.

Seller agrees to indemnify and hold harmless Purchaser against any third party claim alleging that the Products infringe upon a valid and enforceable United States patent, provided Purchaser gives Seller written notice immediately when such claim is asserted, directly or indirectly. Notwithstanding the foregoing, Seller shall have no liability to Purchaser if any patent infringement or claim thereof is based upon or arises out of:
(a) compliance with designs, plans or specifications furnished by or on behalf of Purchaser;
(b) use of the Products in a manner for which the Products were neither designed nor contemplated; or
(c) the claimed infringement of any patent in which the Purchaser or any affiliate or subsidiary of Purchaser has any direct or indirect interest by license or otherwise.

10. LIMITATION OF LIABILITY
Seller’s total aggregate liability to Purchaser with respect to any cause of action or claim hereunder including, without limitation, any indemnities hereunder, shall not exceed the purchase price payable pursuant to the Contract. In no event shall Seller be liable, either directly or as indemnitor of Purchaser, for any special, punitive, indirect or consequential damages, damages for loss of use, loss of income, loss of profit, or any other indirect damages of any kind or type. Notwithstanding the above, this limitation of liability shall not apply to claims arising from Seller’s gross negligence or willful misconduct. All of Purchaser’s claims or actions of any description whatsoever against the Seller shall be brought not later than one (1) year after the occurrence of the event upon which each such claim or action is based.

11. FORCE MAJEURE; DELAY EVENTS; PRICE CHANGES
Force Majeure shall mean any act, event or condition that is beyond Seller’s reasonable control, that materially and adversely affects Seller’s ability to perform its obligations hereunder, and that is not the result of Seller’s willful neglect, error, omission or failure to exercise reasonable due diligence. For the avoidance of doubt, delays caused by or related to shortages or unavailability of raw materials or component parts to be supplied by Seller or Seller’s sub-suppliers, supported by relevant documentary evidence, shall be considered a Force Majeure event.

Seller shall not be liable for any delay in performance or failure to perform any obligation hereunder if, and to the extent that, such failure or delay is caused by an event of Force Majeure. If Seller is unable to perform any of its obligations hereunder as a result of a Force Majeure event, Seller shall be required to resume performance upon termination of the event and shall have reasonable additional time for performance.

In addition, to the extent that a Force Majeure event materially increases Seller’s cost of performance hereunder, Seller shall be entitled to an equitable contribution from Purchaser towards such additional costs of performance, excluding any costs that are covered by Seller’s insurance.

In the event that the performance of a contractual obligation hereunder by either party hereto is prevented, restricted, hindered, delayed or interfered with directly or indirectly in connection with the COVID-19 (“Coronavirus”) pandemic or similar pandemic or epidemy and/or any measures introduced by any government authority to address such pandemics/epidemies, the party so affected shall be excused from such performance to the extent and for the duration of such prevention, restriction, hindrance, delay or interference, and shall not be liable for any costs or damages.

Each party shall exercise reasonable efforts to resolve any impediment, however, neither Party shall be obligated to incur additional costs of more than 5% of the order value. The party affected should give notice to the other party as soon as practicable of the prevention, restriction, hindrance, delay, or interference with its performance.

Notwithstanding any other provision of these Terms or the Seller’s Documentation, unless otherwise expressly stated in the Seller’s Documentation, if, at any time during the course of Seller’s performance of the sale of the Products or Services, there is an unforeseen and material increase in the price or supply chain of raw materials, materials, labor, or other costs of Seller associated with the Products or Services, Seller shall have the right to reasonably adjust the prices or delivery dates or terms set forth in the Seller’s Documentation upon written notice to the Purchaser setting forth the amount of such price adjustment or change in delivery terms and reasonably setting forth the cost changes associated therewith.

12. DEFAULT AND TERMINATION
The substantial failure of either Party to comply with the terms herein shall constitute default hereunder. Upon default by one Party, the other non-defaulting Party shall provide written notice clearly specifying the nature of the default. The defaulting Party shall have thirty (30) days to cure the default. If the default is capable of being cured within thirty (30) days and is not cured within thirty (30) days, this Contract may be terminated. In the case of default that cannot be cured within thirty (30) days, this Contract shall not be terminated so long as the defaulting Party has given written notice of extension to the other Party and the defaulting Party has commenced and is diligently pursuing a cure.

For purposes of this Contract, the failure of Purchaserto pay Seller in accordance with the payment terms hereunder shall be considered a substantial default for which no cure period beyond thirty (30) days shall be allowed. In the event of the Purchaser’s default, Seller may, in addition to the right to terminate set forth in this paragraph, elect to suspend work until the default has been cured.

In the event of any termination, Seller shall be paid for Products delivered and Services rendered (including Products specifically manufactured/assembled or special ordered for the Purchaser that have yet to be supplied) through the date of termination.

No delay or omission on the part of the Seller in exercising any right or remedy hereunder shall constitute a waiver of any such right or remedy on any future occasion.

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13. INTELLECTUAL PROPERTY
All devices, equipment, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller in connection with the Products sold hereunder shall remain Seller’s exclusive property. Purchaser shall not disclose any such material to third parties without Seller’s prior written consent. Purchaser will not undertake any analyses or “reverse engineering” of the products for the purpose of designing, developing or manufacturing by the Purchaser or by any third party of products that compete with the Product(s).

Seller will retain sole ownership of all discoveries, improvements, inventions, patents, trademarks, copyrights, know-how, trade secrets, or other intellectual property rights associated in any way with the Products. The Parties specifically agree that all improvements, inventions, discoveries and copyright in works of authorship, including those in formative stages, made by either Party hereto (either alone or jointly with others) improving upon or related to the Products shall from the time of conception or, in the case of works of authorship, from the time of creation, be the property of Seller.

Except for the marking of Products as required by applicable law or as requested by Seller, Purchaser shall not use Seller’s name, logo, trademarks, trade names, or other intellectual property in any manner, including product literature, advertisements, or marketing materials without the express written permission of Seller.

14. RELIANCE ON INFORMATION
Purchaser acknowledges that Seller has used and expressly relied upon information provided by the Purchaser, if any, regarding site conditions, specifications and other technical requirements in the design, installation and start-up of its Product(s) and the provision of Services. Seller shall not be obligated to establish or verify the accuracy of the information furnished by the Purchaser nor shall Seller be responsible for the impact or effect on its Products(s) and any Services provided by Seller hereunder of the information furnished by the Purchaser in the event that such information is in error.

15. DISPUTE RESOLUTION
All matters arising out of or relating to the Contract shall be governed by and construed in accordance with the internal laws of the State of Ohio, USA without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Ohio, USA. Any legal suit, action or proceeding arising out of or relating to this Contract shall be instituted in the courts of the State of Ohio, USA in each case located in Cuyahoga County, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The United Nations Convention on Contracts for the International Sale of Goods (“CISG”) shall not apply to this Contract.

16.MISCELLANEOUS PROVISIONS
The Contract constitutes the entire agreement of sale and purchase between Purchaser and Seller and supersede all prior or contemporaneous communications, representations, understandings or agreements, whether written or oral, unless such document states that it intends to modify this Contract and is signed by both Parties. No modification of this Contract (including changes in scope, specifications, price or delivery schedule) shall be of any force or effect unless made pursuant to a writing signed by both Parties. No course of dealing or performance or usage of trade may be used to modify this Contract. Those federal contract clauses required to be expressly incorporated into this Contract are expressly incorporated herein by reference as if originally included herein. The English language shall be the official text of this Contract.

The failure on the part of either Party to enforce its rights as to any provisions herein shall not be construed as a waiver of its rights to enforce such provisions in the future. Should any provision of this Contract for any reason be declared invalid or void, such declaration will not affect the remaining provisions of this Contract, which shall remain in full force and effect.

Purchaser may not assign or permit any other transfer of this Contract without Seller’s prior written consent. Purchaser acknowledges that Seller shall be entitled to manufacture the Products at any of its or its affiliates’ facilities worldwide, and the Contract may be assigned to such affiliates without the consent of Purchaser. This Contract is entered into solely between, and may be enforced only by, the Purchaser and Seller; and this Contractshall not be deemed to create any rights in third parties, including customers, subcontractors, or affiliates of the Purchaser, or to create any obligations to any such third parties.

Any translation, summary, or description of the terms herein are provided solely as a courtesy and the terms set forth herein, and the English version thereof, shall govern and have full force and effect and be precedent above any such translation, summary, or description.

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/22/2022
1 SUBJECT:

Task Order No. 1 with TJC And Associates, Inc. - Consulting Services for the Calera Creek Water Recycling Plant (CCWRP) Arc Flash Study (P031) and Electrical Condition Assessment (P037)
RECOMMENDED ACTION:

Approve Task Order No. 1 between the City of Pacifica and TJC And Associates, Inc. for Engineering Consulting Services in the amount of $134,932.00 in connection to Calera Creek Water Recycling Plant (CCWRP) Arc Flash Study (P031) and Electrical Condition Assessment (P037); approve budget authority in the amount of $148,430.00 which includes 10% contingency in the amount of $13,498.00; authorize the City Manager to execute all documents related to the project.

STAFF CONTACT:

Nelson Schlater, P.E., Engineering Manager - Wastewater (650) 738-3767
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

During the FY 2022-23 Capital Improvement Program (CIP) budget approval process, the Council approved funding for the Arc Flash Study and Electrical Conditions Assessment Project.

The City of Pacifica’s Calera Creek Water Recycling Plant (CCWRP), like many other treatment plants located in the San Francisco Bay Area, was originally designed and constructed for longevity and reliable service. But, also like other treatment plants, the CCWRP facility’s core power distribution system has been modified over the years coupled with the fact that originally installed power system equipment is approaching the end of its useful service life. The purpose of this project is twofold:

1. Develop power system studies and related arc flash hazard labels for compliance with NFPA 70E - Standard for Electrical Safety in the Workplace requirements.

2. Assess existing power distribution system equipment condition with respect to deterioration, obsolescence, reliability, maintainability and rating adequacy; and develop recommendation for improvements.

The outcome of this project will bring the CCWRP into compliance with NFPA 70E Standards regarding Arc Flash and Safety Standards; and identify and prioritize CCWRP electrical systems’ upgrades and/or replacement that is needed.

In May 2021, the City issued a Request for Qualifications (RFQ) for On-Call Electrical 12 Packet Pg. 168
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August 22, 2022
Engineering Services. This RFQ applied to the CCWRP and pump stations which require specific expertise in evaluating and designing electrical facilities in the wastewater environment.

The RFQ identified two projects at the CCWRP that included an Arc Flash Study and an Electrical Condition Assessment. Four consulting firms were selected for the On-Call list. All four consulting firms executed Master Service Agreements in the Fall of 2021. In May 2022, the City issued a Request for Proposal (RFP) to perform an Arc Flash Study and an Electrical System Condition Assessment for the CCWRP. These two projects were combined into one project, due to their synergy and potential for consultant cost savings. Three of the four consultants on the On-Call list submitted proposals for the RFP.

City staff evaluated the proposals and based on qualifications, approach and level of effort, selected TJCA & Associates as the most qualified to complete the work. TJCA & Associates has significant experience in conducting these types of studies, with their project manager having over 40 years of experience and their project engineer having completed 84 Arc Flash Study Projects. The following table summarizes the schedule anticipated for the CCWRP Arc Flash Study (P031) and Electrical Condition Assessment (P037):

Description Date
Council Approval of Engineering Agreement August 2022
Notice to Proceed September 2022
Arc Flash Study Completion December 2022
Electrical Condition Assessment Completion January 2023 Approval of the recommendation will allow staff to move forward with the needed study and assessment. Therefore, the City Manager recommends the Council approve Task Order No. 1 (Attachment 1) between the City of Pacifica and TJC and Associates, Inc. for Engineering Consulting Services in the amount of $134,932.00 and approve budget authority in the amount of $148,430.00 which includes 10% contingency in the amount of $13,498.00 in connection to Calera Creek Water Recycling Plant (CCWRP) Arc Flash Study (P031) and Electrical Condition Assessment (P037).

ALTERNATIVE ACTION:

Council may choose not to approve Task Order No. 1; however, this will result in project delays, which would hold up CCWRP NFPA 70E compliance and delay identification of electrical system improvements whose design and construction costs would most likely increase. Staff does not recommend this alternate action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of Task Order No. 1 for Consultant Services is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: This design project will develop an Arc Flash Study to bring the CCWRP into compliance with NFPA 70E; and identify and prioritize CCWRP electrical systems’ upgrades and/or replacement to continue renewing equipment at the CCWRP.

FISCAL IMPACT:

The cost of Task Order No. 1 is $134,932.00. City staff recommends including a 10% 12 Packet Pg. 169
Pacifica City Council 3
August 22, 2022
contingency to the Task Order for any additional work due to the complexity of the project. The Source and Use of Funds spreadsheet is shown below.

Total Use of Funds
Task Order No. 1 - Arc Flash Study &
Electrical Condition Assessment $ 134,932
Contingency (10%) $ 13,498
Total Cost $ 148,430
Total Project Source
Enterprise Fund (Fund 34) Account No.

34.900000.52800.P031.000 $ 65,000

34.900000.52800.P037.000 $ 150,000
Estimated Project End Balance $ 66,570
No additional budget authority is necessary as sufficient funds have been allocated in the Wastewater Enterprise Fund FY 2022-23 budget for this project. The total cost of $148,430 is within the project budget of $215,000 allocated for the Arc Flash Study and Electrical Condition Assessment.

ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:

Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (PDF) 12 Packet Pg. 170

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Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional

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Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional

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CITY OF PACIFICA
Scope of Work
Arc Flash Study and
Electrical Condition Assessment
Scope of Work
Background
City of Pacifica (City) has requested TJCAA perform short circuit, device evaluation, protective device coordination, and arc flash hazard evaluation studies, conforming with the current NFPA 70E, Electrical Safety in the Workplace for the existing electrical systems at the Calera Creek Water Recycling Plant (Plant). The Project also includes an electrical distribution system assessment task to provide the City with a summary report documenting the present condition of the electrical distribution system at the Plant.

The scope of work is broken into the major tasks with subtasks that provide additional details regarding approaches, assumptions, and specific deliverables. This Scope of Work illustrates the mechanics of completing the work as specified in the RFP and assumes a collaborative interaction with City engineering, operations, and maintenance staff throughout the project. The objective is to provide the technical, managerial, and cost analyses necessary to assist the City in making informed and appropriate engineering decisions that meet the critical requirements of operations and maintenance staff.

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Scope of Work

CITY OF PACIFICA
Arc Flash Study and
Electrical Condition Assessment
TASK 1 – Arc Flash Study

SCOPE OF WORK

TASK DESCRIPTION ASSUMPTIONS DELIVERABLES
Task 1.1:

Kickoff Meeting
• Project Kickoff Meeting: TJCAA will facilitate the initial project kickoff meeting to discuss project objectives,
approach, and schedule with City stakeholders.
• City shall coordinate attendance of City personnel attending the kickoff meeting • Project kickoff meeting agenda, presentation, and minutes
Task 1.2:

Reconnaissance and
Data Collection
• Review Available Data: Collect, evaluate, and review
available project data. Document review will include
record drawings, maintenance and test reports and
other related materials that may be available from
the City.
• Perform field investigations at all different sites,
accessing main and distribution equipment, MCCs,
panels, to acquire equipment ratings, protective
device settings, wire sizes. Perform visual condition
assessment for use in remediation report.
• Interview O&M staff to acquire historical perspective of overall electrical system performance.
• Prepare summary Deficiency and Remediation Report
with initial assessment of potential hazard areas;
include operational or procedural methods to mitigate
risk prior to performance of computer analyses and
final recommendations.
• All access to equipment internal components to be performed by APS with certified and trained personnel.
• For data collection at locations with confined space entry, the City staff will enter and obtain data with TJCAA staff nearby for appropriate data collection. • City to provide access to record drawings library, shop drawings, previous studies and test reports.
• Any necessary shutdowns can be coordinated with City operations staff to allow access to equipment in a de-energized state wherever possible. • Data gathering for some locations may not be possible during certain times of year. For scheduling purpose, we have anticipated the entire facility can be shutdown to allow access to de-energized equipment by TJCAA personnel. • One week has been assumed for the duration of the field reconnaissance effort. Arc Flash data reconnaissance task has been combined with the Condition Assessment effort described under Task 2.
• Field electrical data collected at
the facility
• Photograph based library of all
equipment investigated under
this Task. A file share
arrangement will be established
to provide access to all
photographs by the City for
future use.

Task 1.3:

Analyses,
Recommendations,
Report
• Electrical Modeling: Perform electrical studies
including short circuit, selective coordination, and arc flash hazard analysis based on field acquired system
data and available record drawings.
• The project team shall notify the City of any potential problems of the existing protective device settings
• Prepare Electrical Arc Flash Hazard Technical
Memorandum (TM) with calculation results, protective
device coordination recommendations, arc flash
hazard summaries, labeling formats and details, and
remediation recommendations.
• Facilitate a dedicated workshop to review Draft
Electrical Arc Flash Hazard TM.
• Provide installation of labels following approval of
label content and format by City. Label installation is assumed to be completed as a collaborative effort
between City and TJCAA personnel.
• Electrical modeling shall be performed using SKM PowerTools software. • City shall assist TJCAA with contacts to PG&E necessary to obtain the available utility parameters for use in the modeling effort.
• The draft and final Electrical Arc Flash Hazard TM shall be a maximum of 25 pages not including Appendices, Drawings, Figures, or Tables. The draft and final TM shall include the following sections:
 Executive Summary: Summary of the recommended approach for electrical improvements
 Project Background: Basis for the project
 General PPE guidelines and project specific guidelines per location  Technical Analyses for the facility including SKM graphical display of results on one-line and TCC
 Description of alternatives for arc flash mitigation strategies applicable to the Plant and presentation of pros and cons
• City comments on the Draft Electrical Arc Flash Hazard TM shall be provided in writing to the TJCAA Team.
• Due to the volume and large format of the standard reports generated by SKM, SKM data shall not be included in the final hard copy report delivered to the City.

Rather this data shall be submitted to the City in electronic (PDF format). • Draft Electrical Arc Flash Hazard
TM
• Final Arc Flash Hazard TM
incorporating City comments
and results from workshop (See
Task 3)
• Final SKM database in native
electronic format for use by the
City in future arc flash studies as
required under NFPA 70E
• Labels for all electrical
distribution equipment

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Scope of Work

CITY OF PACIFICA
Arc Flash Study and
Electrical Condition Assessment
TASK 2 – Electrical Condition Assessment

SCOPE OF WORK

TASK DESCRIPTION ASSUMPTIONS DELIVERABLES
Task 2.1:

Electrical Condition
Assessment
• Refer also to Task 1.2 above
• Assess condition
• Develop list of recommended projects with key
assumptions, Engineer’s Opinion of Probable Cost, and
priority.
• Condition Assessment Kickoff Meeting to be combined with Arc Flash Report Kickoff Meeting
• Perform Condition Assessment site work during the site visit defined under Task 1 for gathering arc flash data. Refer to Assumptions under Task 1.2 above
• City shall provide guidance to TJCAA in establishing priorities based on budgetary planning horizons, competing projects, and process considerations.
• Condition Assessment, Deficiency, and
Remediation Report
• Report to include planning level
descriptions and recommendation for
electrical improvement projects over a
ten (10) year planning horizon.

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Page 1 ends

Scope of Work

CITY OF PACIFICA
Arc Flash Study and
Electrical Condition Assessment
TASK 3 – Project Management and Controls

SCOPE OF WORK

TASK DESCRIPTION ASSUMPTIONS DELIVERABLES
Task 3.1:

Project Management
• Contract Administration: TJCAA will coordinate the project effort including oversight of subconsultants, invoicing, and preparing monthly progress reports for the City. Contract administration will include monitoring project progress and communicating status throughout the life of the project.

Status monitoring includes verifying planned, actual, and earned progress, adherence to the City’s established project elements, budget status, and communication of potential project issues that could compromise project success.

Prepare, monitor and update the master project schedule; the initial project schedule.
• Develop Project Work Plan Memo: Prepare a project work plan memo to guide the project team in meeting the project objectives, requirements, and constraints; and for
completing the project within the contractual scope, budget, and schedule constraints. Establish communication
protocols and define roles and responsibilities. Create an initial project schedule that conforms to City requirements for project execution and that includes the major tasks, deliverables, and City review efforts.
• Develop a Quality Control Plan documenting procedures for meeting City requirements and conforming to accepted
approaches in the profession.
• Perform the required QA/QC tasks for the project.
• Facilitate workshops for both the Arc Flash Hazard TM (Task 1) and the Condition Assessment (Task 2) Report.
• The project schedule will be developed using Microsoft Project. TJCAA will update the project schedule on a monthly basis as required. The schedule during construction shall be developed and maintained by the construction contractor.
• Electronic delivery of progress reports, invoices, and meeting notes is acceptable.
• Workshops shall be presented using PowerPoint software to facilitate discussion and understanding of the electrical issues.
• Project Work Plan Memo
• Monthly status updates accompanying
Project invoices
• QA/QC implementation documents as
required (e.g., responses to City’s
written review comments).
• Electrical System Arc Flash Hazard TM
Workshop including:
• Agenda
• Workshop meeting minutes and
PowerPoint presentation
• Written responses to City’s written
review comments to Draft
Electrical System Report
• Condition Assessment, Deficiency, and
Remediation Report Workshop
including:
• Agenda
• Workshop meeting minutes and
PowerPoint presentation
• Written responses to City’s written
review comments to Draft
Electrical System Report

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Packet Pg. 177 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional Project: Arc Flash Study and Electrical System Condition Assessment Date: 07/23/22 TJCAA Project No: 121050A
By: AMB/PJG Prepared for: City of Pacifica 2022 rates. Proposal (File 1.03)

SHEET LISTING/WORK ITEM HOURS/LABOR
Electrical I&C PJG MJE AR AMB EAN JNA HT MSC BFY BV BV ADM TOTAL $310 $286 $263 $251 $239 $239 $227 $192 $180 $152 $152 $127 HRS 1 Arc Flash Study and Evaluation 25 0 0 96 0 0 0 65 65 16 0 0 267.0 2 Plant Electrical System Condition Assessment 36 0 0 104 0 0 0 0 68 0 0 0 208.0 3 Project Management and Project Controls 19 0 0 45 20 0 0 8 4 0 0 8 104.0

0.0 0.0

0.0 80 0 0 245 20 0 0 73 137 16 0 8 579 579.0
Electrical I&C PJG MJE AR AMB EAN JNA HT MSC BFY BV BV ADM TOTAL TOTAL TOTAL $310 $286 $263 $251 $239 $239 $227 $192 $180 $152 $152 $127 Fees ODC's Dollars 1 Arc Flash Study and Evaluation $7,751 $0 $0 $24,090 $0 $0 $0 $12,468 $11,700 $2,431 $0 $0 $58,442 $1,083 $59,524 2 Plant Electrical System Condition Assessment $11,162 $0 $0 $26,098 $0 $0 $0 $0 $12,240 $0 $0 $0 $49,500 $272 $49,772 3 Project Management and Project Controls $5,891 $0 $0 $11,292 $4,782 $0 $0 $1,535 $720 $0 $0 $1,012 $25,232 $403 $25,635 $0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$24,805 $0 $0 $61,481 $4,782 $0 $0 $14,003 $24,660 $2,431 $0 $1,012 $133,174 $1,758 $134,932 Estimated Total Fee: $134,932
Hours below are
Adjusted for: Contract (File 2.04)
Hours
Phase
Dollars
Phase
7/24/2022 2:51 PM 121050A Fee.PJG - ICE Summary Page 1

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Packet Pg. 178 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP ID Task
Mode
Task Name Duration Start Finish Predecessors
1 City Council Award Project Contract 0 days Wed 9/7/22 Wed 9/7/22 2 Receive Notice To Proceed (Estimated) 0 days Wed 9/7/22 Wed 9/7/22 13 Data Collection (Common to both Tasks) 38 days Wed 9/7/22 Fri 10/28/224 PG&E data request 0 days Wed 9/7/22 Wed 9/7/22 2FS+1 day5 Receive data from PG&E 0 days Wed 10/5/22 Wed 10/5/22 4FS+20 days6 Review documentation 4 days Wed 9/7/22 Mon 9/12/22 27 Coordinate site visits and outages with City 10 days Mon 9/12/22 Fri 9/23/22 2FS+3 days8 Data collection site visit and assessment 4 days Tue 9/27/22 Fri 9/30/22 7FS+1 day9 Prepare redline updates 20 days Mon 10/3/22 Fri 10/28/22 8 10 Submit redline and AutoCAD files 0 days Fri 10/28/22 Fri 10/28/22 911 Task 1: Arc Flash Study 55 days Thu 10/6/22 Wed 12/21/2212 Prepare SKM system models 10 days Thu 10/6/22 Wed 10/19/22 8,513 Simulations and scenarios 10 days Thu 10/20/22 Wed 11/2/22 1214 Prepare summary of preliminary analyses 5 days Thu 11/3/22 Wed 11/9/22 1315 Identify NFPA 70E compliance and training needs 5 days Thu 11/10/22 Wed 11/16/22 1416 Prepare Draft Arc Flash Labeling Plan 10 days Thu 11/17/22 Wed 11/30/22 1517 Submit Draft Arc Flash Labeling Plan 0 days Wed 11/30/22 Wed 11/30/22 1618 City review Draft Arc Flash Labeling Plan 10 days Thu 12/1/22 Wed 12/14/22 1719 Submit Final Arc Flash Labeling Plan 0 days Wed 12/14/22 Wed 12/14/22 1820 Prepare Draft Arc Flash Report 15 days Thu 11/10/22 Wed 11/30/22 1421 Submit Draft Arc Flash Report 0 days Wed 11/30/22 Wed 11/30/22 2022 City review Draft Arc Flash Report 10 days Thu 12/1/22 Wed 12/14/22 2123 Submit Final Arc Flash Report 0 days Wed 12/21/22 Wed 12/21/22 22FS+5 days24 Task 2: Condition Assessment 75 days Mon 10/3/22 Fri 1/13/2325 Develop inventory of faciility electrical equipment 15 days Mon 10/3/22 Fri 10/21/22 826 Review available equiment O&M data records 10 days Mon 10/17/22 Fri 10/28/22 8FS+10 days27 Perform system analyses and load calculations 5 days Mon 10/24/22 Fri 10/28/22 8FS+15 days28 Assess backup generation capacity 5 days Mon 10/31/22 Fri 11/4/22 2729 Evaulate condition of existing equipment 10 days Mon 10/31/22 Fri 11/11/22 2630 Develop remaining life estimates 10 days Mon 10/31/22 Fri 11/11/22 2631 Prepare business case evaluations/life cycle cost analysis
15 days Mon 11/14/22 Fri 12/2/22 30
32 Identify rehabilitation and repair alternatives 15 days Mon 11/14/22 Fri 12/2/22 3033 Prepare Draft Findings and Recommendations Report
15 days Mon 12/5/22 Fri 12/23/22 31,32
34 Submit Draft Findings and Recommendations
Report
0 days Fri 12/23/22 Fri 12/23/22 33
35 City review Draft Findings and Recommendations
Report
10 days Mon 12/26/22 Fri 1/6/23 34
36 Submit Final Findings and Recommendations
Report
0 days Fri 1/13/23 Fri 1/13/23 35FS+5 days
37 Task 3: Project Management 98 days Wed 9/7/22 Fri 1/20/2338 Kickoff Meeting 1 day Wed 9/14/22 Wed 9/14/22 2FS+5 days39 Arc Flash Label and Report Workshop 1 day Thu 12/1/22 Thu 12/1/22 21,1740 Findings and Recommendations Report Workshop 1 day Mon 12/26/22 Mon 12/26/22 3441 Prepare and package data 5 days Mon 1/16/23 Fri 1/20/23 36,2342 Project Management 95 days Wed 9/7/22 Tue 1/17/23 243 Project Completed 0 days Fri 1/20/23 Fri 1/20/23 36,23,41 9/7
9/7
9/7
10/5
10/28
11/30
12/14
11/30
12/21
12/23
1/13
1/20
4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 September 2022 October 2022 November 2022 December 2022 January 2023 City of Pacifica
Arc Flash Study and
Electrical System Assessment

12.a
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Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional B-1
Public Works Department Wastewater Division On-Call Electrical Engineering Services City of Pacifica
TJC and Associates, Inc.

Appendix B: Hourly Rate Schedule
TJC and Associates, Inc.

Schedule of Hourly Rates and Costs
2021 through 2023
2021 2022 2023
Engineer
Level 10 (E10) $ 298.00 $ 307.00 $ 316.00
Level 9 (E9) $ 280.00 $ 288.00 $ 297.00
Level 8 (E8) $ 263.00 $ 271.00 $ 279.00
Level 7 (E7) $ 246.00 $ 253.00 $ 261.00
Level 6 (E6) $ 229.00 $ 236.00 $ 243.00
Level 5 (E5) $ 211.00 $ 217.00 $ 224.00
Level 4 (E4) $ 194.00 $ 200.00 $ 206.00
Level 3 (E3) $ 174.00 $ 179.00 $ 184.00
Level 2 (E2) $ 155.00 $ 160.00 $ 165.00
Level 1 (E1) $ 135.00 $ 139.00 $ 143.00
Drafting
Level 7 (C7) $ 190.00 $ 196.00 $ 202.00
Level 6 (C6) $ 165.00 $ 170.00 $ 175.00
Level 5 (C5) $ 148.00 $ 152.00 $ 157.00
Level 4 (C4) $ 138.00 $ 142.00 $ 146.00
Level 3 (C3) $ 118.00 $ 122.00 $ 126.00
Level 2 (C2) $ 100.00 $ 103.00 $ 106.00
Level 1 (C1) $ 78.00 $ 80.00 $ 82.00
Administrative
Level 10 (A10) $ 239.00 $ 246.00 $ 253.00
Level 9 (A9) $ 200.00 $ 206.00 $ 212.00
Level 8 (A8) $ 165.00 $ 170.00 $ 175.00
Level 7 (A7) $ 142.00 $ 146.00 $ 150.00
Level 6 (A6) $ 117.00 $ 121.00 $ 125.00
Level 5 (A5) $ 102.00 $ 105.00 $ 108.00
Level 4 (A4) $ 81.00 $ 83.00 $ 85.00
Level 3 (A3) $ 70.00 $ 72.00 $ 74.00
Level 2 (A2) $ 58.00 $ 60.00 $ 62.00
Level 1 (A1) $ 42.00 $ 43.00 $ 44.00
Reimbursable Expenses
Sub-Consultant Services Cost + 10% Cost + 10% Cost + 10%

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Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
5/25/2022
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Elise Fisher [email protected] License#: 6003745 Sentinel Insurance Company 11000 TJC&ASS-01 Trumbull Insurance Company 27120 TJC & Associates, Inc.

P.O. Box 2059
Folsom CA 95763
Travelers Casualty and Surety Co of America 31194 1564390956 A X 2,000,000 X 1,000,000 X Contractual Liab 10,000 Included 2,000,000 4,000,000 X Y Y 57SBWKF3500 2/6/2022 2/6/2023
4,000,000
A 2,000,000 X XY Y 57SBWKF3500 2/6/2022 2/6/2023
A X X 3,000,000 Y Y 57SBWKF3500 2/6/2022 2/6/2023
3,000,000 X
10,000
B Y 57WEGAC8DE3 2/6/2022 2/6/2023
X
1,000,000 1,000,000 1,000,000
C Professional Liability
+ Contractor's
Pollution Liability
107576520 2/6/2022 2/6/2023 Per Claim
Annual Aggregate
5,000,000
10,000,000
Umbrella policy is a follow-form to underlying General Liability/Auto Liability. Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies.

Re: Project #121050, CofPacifica, EE On-Call Svcs, Electrical Engineering Services. The City of Pacifica, its City Council, boards, commissions, committees, officers, employees and agents are named as an additional insured as respects general liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. SEVERABILITY OF INTERESTS Separation of Insureds - Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. 30 Days Notice of Cancellation
City of Pacifica
Attn: City Manager
170 Santa Maria Avenue
Pacifica CA 94404

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Packet Pg. 182 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 51 14 04 17 Page 1 of 1
© 2017, The Hartford

ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.

The insurance afforded to such additional
insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section FOPTIONAL ADDITIONAL INSURED COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:

The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.

The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
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Packet Pg. 183 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional

BUSINESS LIABILITY COVERAGE FORM
(b) b. Rented to, in the care, custody or Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member (if you are arising out of an offense committed a partnership or joint venture), or any member (if you are a limited before you acquired or formed the liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such equipment along a public highway with your c. Temporary Custodians Of Your permission. Any other person or organization Property responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to: (2) Until your legal representative has been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, rented to, in the charge of or occupied by only with respect to duties as such. That you or the employer of any person who is representative will have all your rights and an insured under this provision. duties under this insurance.

5. Operator of Nonowned Watercraft e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that is less than 51 feet long and is not being used yours which is a legally incorporated entity to carry persons for a charge, any person is an of which you own a financial interest of more than 50% of the voting stock on the insured while operating such watercraft with your permission. Any other person or effective date of this Coverage Part. organization responsible for the conduct of The insurance afforded herein for any such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be However, no person or organization is an an insured under such policy but for its insured with respect to: termination or upon the exhaustion of its limits of insurance. a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, b. "Property damage" to property owned by, rented to, in the charge of or occupied by other than a partnership, joint venture or you or the employer of any person who is limited liability company, and over which you maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs through below are additional a. f. or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
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Packet Pg. 184 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional

BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a Any failure to make such (e) permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products; A person or organization is an additional (f) Demonstration, installation, insured under this provision only for that servicing or repair operations, period of time required by the contract, except such operations performed agreement or permit. at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an (g) Products which, after distribution additional insured by an endorsement issued or sale by you, have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including all persons or organizations added container, part or ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor; or F. – Optional Additional Insured Coverages. (h) "Bodily injury" or "property a. Vendors
damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part (i) The exceptions contained in provides coverage for "bodily injury" or Subparagraphs or ; or (d) (f) "property damage" included within the "products-completed operations hazard". Such inspections, adjustments, (ii) tests or servicing as the vendor (1) The insurance afforded to the vendor has agreed to make or normally is subject to the following additional undertakes to make in the usual exclusions:
course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence b. Lessors Of Equipment of the contract or agreement;
(b) Any express warranty (1) Any person or organization from whom you lease equipment; but only unauthorized by you; with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;

Page 12 of 24 ends

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Packet Pg. 185 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional

BUSINESS LIABILITY COVERAGE FORM
(2) e. Permits Issued By State Or Political With respect to the insurance afforded to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit. (1) Any person or organization from whom you lease land or premises, but With respect to the insurance afforded (2) only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) (b) Any "occurrence" which takes "Bodily injury" or "property damage" place after you cease to lease that included within the "productsland or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through . above, but only with e behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or (1) Any architect, engineer, or surveyor, but the acts or omissions of those acting only with respect to liability for "bodily on your behalf: injury", "property damage" or "personal and advertising injury" caused, in whole In the performance of your (a) or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to This Coverage Part provides (ii) "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "productsfailure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.

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Packet Pg. 186 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional

BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) 3. Each Occurrence Limit Supervisory, inspection,
architectural or engineering Subject to or above, whichever 2.a. 2.b activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section – Limits "property damage" and medical expenses D.

Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in the Declarations. insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses in Section – Liability And Medical Expenses because of "bodily injury" sustained by any E.

General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to above, the most we will pay for 2.b. company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal and Advertising Injury Limit shown in the LIMITS OF INSURANCE Declarations.

1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of the owner. 2. Aggregate Limits
In the case of damage by fire, lightning or The most we will pay for: explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations.

The most we will pay on behalf of a person or b. Damages because of all other "bodily organization who is an additional insured injury", "property damage" or "personal under this Coverage Part is the lesser of: and advertising injury", including medical expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or permit issued by a state or political This General Aggregate Limit applies subdivision; or separately to each of your "locations" owned by or rented to you. b. The Limits of Insurance shown in the Declarations. "Location" means premises involving the
same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad.

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Packet Pg. 187 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional

BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this Immediately send us copies of any (1) policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph above. 3. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance.

No insured will, except at that insured's own E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other

1. Bankruptcy than for first aid, without our consent.

Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered

2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured must submit such claim or "suit" to the a. Notice Of Occurrence Or Offense other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim. To permit that this insurance is primary and the extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs and apply to you or to a. b. (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity.

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Packet Pg. 188 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional

BUSINESS LIABILITY COVERAGE FORM
This Paragraph applies separately to We have issued this policy in reliance f. (3) you and any additional insured. upon your representations.

3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazards a. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other a. Primary Insurance coverage required by any motor vehicle law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also primary, we will share with all that other 4. Legal Action Against Us insurance by the method described in c. No person or organization has a right under below. this Coverage Form:
b. Excess Insurance
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an This insurance is excess over any of the other insurance, whether primary, excess, insured; or
contingent or on any other basis: b. To sue us on this Coverage Form unless all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner; liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability

5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies:
(4) Aircraft, Auto Or Watercraft a. As if each Named Insured were the only Named Insured; and If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to b. Separately to each insured against whom the extent not subject to Exclusion of g. a claim is made or "suit" is brought. Section – Coverages. A.

6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not subject to Exclusion of Section – k. A. (2) Those statements are based upon Coverages. representations you made to us; and

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Packet Pg. 189 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional

BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of: That is other insurance available to you covering liability for damages The total amount that all such other (1) arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and selfadded as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains, This insurance is primary if you whichever comes first. have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its by the method described in applicable limit of insurance to the total c. below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs and do not apply to apply to Medical Expenses Coverage. (a) (b) other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.

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Packet Pg. 190 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional

ABCDEFGHIJ
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

HIRED AUTO AND NON-OWNED AUTO
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the moved from the place where they are BUSINESS LIABILITY COVERAGE FORM not accepted by the "insured" for movement into expressly modified herein: or onto the covered "auto"; or c. After the "pollutants" or any property in
A. Amended Coverage: which the "pollutants" are contained are moved from the covered "auto" to the place Coverage is extended to "bodily injury" and where they are finally delivered, disposed of "property damage" arising out of the use of a "hired or abandoned by the "insured". auto" and "non-owned auto".

Paragraph above does not apply to fuels, a. B. Paragraph B. EXCLUSIONS is amended as lubricants, fluids, exhaust gases or other follows: similar "pollutants" that are needed for or

1. Exclusion g. Aircraft, Auto or Watercraft does result from the normal electrical, hydraulic not apply to a "hired auto" or a "non-owned or mechanical functioning of the covered auto". "auto" or its parts, if:

2. Exclusion e. Employers Liability does not (1) The "pollutants" escape, seep, migrate, apply to "bodily injury" to domestic "employees" or are discharged or released directly not entitled to workers’ compensation benefits from an "auto" part designed by its or to liability assumed by the "insured" under an manufacturer to hold, store, receive, or "insured contract". dispose of such "pollutants"; and

3. f. Pollution Exclusion is replaced by the (2) The "bodily injury" and "property following: damage" does not arise out of the
operation of any equipment listed in "Bodily injury" or "property damage" arising out paragraphs 15.b. and 15.c. of the of the actual, alleged or threatened discharge, definition of "mobile equipment". dispersal, seepage, migration, release or escape of "pollutants": Paragraphs b. and c. above do not apply to a. That are, or that are contained in any "accidents" that occur away from premises owned by or rented to an "insured" with property that is: respect to "pollutants" not in or upon a (1) Being transported or towed by, handled, covered "auto" if: or handled for movement into, onto or (1) The "pollutants" or any property in from, the covered "auto"; which the "pollutants" are contained are (2) Otherwise in the course of transit by or upset, overturned or damaged as a on behalf of the "insured"; or result of the maintenance or use of a (3) Being stored, disposed of, treated or covered "auto"; and processed in or upon the covered
"auto".
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
Form SS 04 38 09 09 Page 1 of 3
© 2009, The Hartford
(Includes copyrighted material of ISO Properties, Inc., with its permission) 3ROLF\
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Packet Pg. 191 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional (2) The discharge, dispersal, seepage, company) for an "auto" owned by him or her migration, release or escape of the or a member of his or her household. "pollutants" is caused directly by such d. Anyone liable for the conduct of an "insured" upset, overturn or damage as a result of described above but only to the extent of that the maintenance or use of a covered liability. "auto". D. With respect to the operation of a "hired auto" and 4. With respect to this coverage, the following "non-owned auto", the following additional additional exclusions apply: conditions apply:
a. Fellow employee 1. OTHER INSURANCE
Coverage does not apply to "bodily injury" to a. Except for any liability assumed under an any fellow "employee" of the "insured" "insured contract" the insurance provided by arising out of the operation of an "auto" this Coverage Form is excess over any owned by the "insured" in the course of the other collectible insurance. fellow "employee’s" employment. However, if your business is the selling, b. Care, custody or control servicing, repairing, parking or storage of Coverage does not apply to "property "autos", the insurance provided by this damage" involving property owned or endorsement is primary when covered transported by the "insured" or in the "bodily injury" or "property damage" arises "insured’s" care, custody or control. out of the operation of a customer’s "auto" C. With respect to "hired auto" and "non-owned auto" by you or your "employee". coverage, Paragraph C. WHO IS AN INSURED is b. When this Coverage Form and any other deleted and replaced by the following: Coverage Form or policy covers on the same basis, either excess or primary, we The following are "insureds": will pay only our share. Our share is the a. You. proportion that the Limit of Insurance of our b. Your "employee" while using with your Coverage Form bears to the total of the permission: limits of all the Coverage Forms and policies covering on the same basis. (1) An "auto" you hire or borrow; or (2) An "auto" you don’t own, hire or borrow in 2. TWO OR MORE COVERAGE FORMS OR your business or personal affairs; or POLICIES ISSUED BY US (3) An "auto" hired or rented by your If the Coverage Form and any other Coverage Form or policy issued to you by us or any "employee" on your behalf and at your company affiliated with us apply to the same direction. "accident", the aggregate maximum Limit of c. Anyone else while using a "hired auto" or "non- Insurance under all the Coverage Forms or owned auto" with your permission except: policies shall not exceed the highest applicable (1) The owner or anyone else from whom you Limit of Insurance under any one Coverage hire or borrow an "auto". Form or policy. This condition does not apply to (2) Someone using an auto while he or she is any Coverage Form or policy issued by us or an working in a business of selling, servicing, affiliated company specifically to apply as excess insurance over this Coverage Form. repairing, parking or storing "autos" unless that business is yours. E. The following definitions are added:
(3) Anyone other than your "employees", G. LIABILITY AND MEDICAL EXPENSES partners (if you are a partnership), members DEFINITIONS:
(if you are a limited liability company), or a 1. "Hired auto" means any "auto" you lease, lessee or borrower or any of their hire, rent or borrow. This does not include "employees", while moving property to or any auto you lease, hire, rent or borrow from an "auto". from any of your "employees", your partners (4) A partner (if you are a partnership), or a (if you are a partnership), members (if you member (if you are a limited liability are a limited liability company),

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Packet Pg. 192 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional or your "executive officers" or members of
their households.

This does not include a long-term leased
"auto" that you insure as an owned "auto"
under any other auto liability insurance
policy or a temporary substitute for an
"auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.

2. "Non-owned auto " means any "auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. "Autos" owned by your "employees" your
partners (if you are a partnership),
members (if you are a limited liability
company), or your "executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer’s "auto" that is in your care,
custody or control for service.

Form SS 04 38 09 09 Page 3 of 3
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Packet Pg. 193 Attachment: Attachment 1-ArcFlash and CondAssmt Task Order No. 1 TJC & Associates (5093 : CCWRP Arc Flash and Electrical Conditional THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Policy Expiration Date:

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: Endorsement Number:

Effective Date: Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address:

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
57WEGAC8DE3 02/06/2022
TJC & Associates, Inc.

P.O. Box 2059
Folsom, CA 95763
02/06/2023

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/22/2022
1 SUBJECT:

Resolution of Intention By the City Council of the City Of Pacifica to Vacate Portions of Hotel Way and Setting the Public Hearing for September 12, 2022.

RECOMMENDED ACTION:

Adopt the Resolution of Intention By the City Council of the City of Pacifica to Vacate Portions of Hotel Way and Setting the Public Hearing for September 12, 2022.

STAFF CONTACT:

Raymund Donguines, P.E., Senior Civil Engineer
(650) 738-3768
[email protected]
Sam Bautista, P.E., Deputy Director of Public Works
(650) 738-3767
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

On October 29, 2020, the City of Pacifica received a request from adjacent landowner Mr. Kerry Vosburg to vacate Hotel Way right-of-way (ROW) located between Pacific Avenue and Brighton Road in the West Sharp Park neighborhood. Hotel Way is a strip of unimproved land approximately 221 feet long and 20 feet wide which runs along the side and rear of five residential properties, which is used as private rather than public right-of-way, and is described in Attachment A and shown on a map in Attachment B.

In 1908, prior to the City’s incorporation, the San Mateo County Board of Supervisors, as the legislative body with authority over the area in question, rejected an offer of dedication of a public easement for street purposes along the area identified as Hotel Way in the “Subdivision No. 2 of Brighton Beach” map (RSM 6/4). Thus, the County, as the City’s predecessor-ininterest, did not formally accept Hotel Way as a public right-of-way for public street use, and neither did the City. Further, the City has identified no evidence that might suggest the City impliedly accepted (or that the County had impliedly accepted before the City incorporated), Hotel Way as a public right-of-way by paving, improving, maintaining, or otherwise treating Hotel Way as a public right-of-way. However, in an abundance of caution and for the purposes of ensuring transparency as to the status of Hotel Way, staff has recommended that the City publicly act to vacate any interest it may have in Hotel Way.

The Planning Commission, during its regular meeting of March 7, 2022, adopted a resolution certifying that the proposed vacation conforms to the General Plan and Local Coastal Land Use 13 Packet Pg. 195
Pacifica City Council 2
August 22, 2022
Plan, and finding that the action is exempt from the California Environmental Quality Act (“CEQA”) (Attachment C).

Per City of Pacifica Administrative Policy No. 5, at the direction of the City Council the City Clerk shall initiate the vacation proceeding by administratively fixing the date, hour, and place of a hearing on the proposed vacation.

The City Manager recommends adoption of the Resolution of Intention by the City Council of the City of Pacifica to Vacate Portions of Hotel Way and Setting the Public Hearing for September 12, 2022. The Resolution contains all required information per Administrative Policy No. 5.

ALTERNATIVE ACTION:

Council may choose not to adopt the Resolution, but this will result in the area being unresolved and the City arguably being accountable for future maintenance. Therefore, staff does not recommend this alternative action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the Resolution is consistent with the following Council adopted Goal:
• Stewardship of City Infrastructure includes repairing/replacing outdated city facilities, improving streets, stormwater and wastewater infrastructure, and responding to impacts of sea level rise and other effects of climate change. Vacation of the right-of-way allows for City resources to be directed to other City-owned property.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption the resolution.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment A - Hotel Way Legal Description(PDF)
Attachment B - Hotel Way Plot Map (PDF)
Attachment C - Planning Commission Resolution dated March 7, 2022 (PDF) 13 Packet Pg. 196
Pacifica City Council 3
August 22, 2022
RESOLUTION NO. _______

RESOLUTION OF INTENTION BY THE CITY COUNCIL OF THE CITY OF PACIFICA TO

VACATE A PORTION OF HOTEL WAY, AND SETTING THE PUBLIC
HEARING FOR SEPTEMBER 12, 2022
WHEREAS, the City of Pacifica, pursuant to Streets and Highways Code Section 8300 et seq., is authorized to vacate public streets and rights-of-ways; and WHEREAS, the City received a request to vacate a portion of the Hotel Way right-of-way located between Pacific Avenue and Brighton Road in the West Sharp Park neighborhood, more particularly described in Exhibit A attached hereto and shown in Exhibit B attached hereto (Hotel Way ROW); and
WHEREAS, the Hotel Way ROW is a strip of unimproved land approximately 221 feet long and 20 feet wide which runs along the side and rear of five residential properties, which in or around 1908 was offered for dedication as a public right-of-way but never accepted as such, and has been used as private rather than public right-of-way; and WHEREAS, Hotel Way ROW is not required for public street or right-of-way purposes or any other public purpose; and
WHEREAS, granting the vacation request will confirm that the Hotel Way ROW is privately owned and not a public street or right-of-way; and WHEREAS, the City Council will consider vacating and extinguish its interest—to the extent it has any—in the Hotel Way ROW pursuant to Sections 8330 through 8336 of the California Streets and Highways Code (Summary Vacation), as Hotel Way ROW is described in Exhibit A and shown on Exhibit B; and
WHEREAS, the proposed vacation is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines (Common Sense Exemption) and the categorical exemptions of Sections 15301 and 15305 (Class 1/Existing Facilities Exemption and Class 5/Minor Alterations in Land Use Limitations Exemption, respectively), including without limitation that proposed vacation will merely confirm that the Hotel Way ROW is not a public street, will not change development potential, and will not create any possibility of a significant effect on the environment, and because none of the exceptions of Section 15300.2 to the Class 1 and Class 5 Categorical Exemptions applies.

NOW THEREFORE, the City Council of the City of Pacifica does resolve as follows:

1. Notice is hereby given that Monday, the 12th Day of September 2022, at the hour of 7:00 o’clock p.m. as a teleconference meeting only (no physical meeting location) is hereby fixed as the date, time, and place when and where all persons interested in or having objections to the proposed vacation of a portion of Hotel Way right-of-way may appear before said Council and be heard. Anyone interested in observing the meeting or providing public comments should refer to the meeting agenda for further details. The City of Pacifica will publish the 13 Packet Pg. 197
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meeting agenda not less than 72 hours prior to the meeting. The agenda will be available online at https://pacificacityca.iqm2.com and will also be posted in the Community Center window at 540 Crespi Drive in Pacifica; and

2. A copy of this resolution shall be published for at least two successive weeks prior to the set hearing date in the Pacifica Tribune, a newspaper of general circulation, printed and published in the said city in the manner prescribed by law for publishing ordinances in the said city; and

3. Notice of the vacation stating the passage of this Resolution of Intent, including the time, date and place of the hearing shall be posted conspicuously along the line of street or part thereof proposed to be vacated, at least two weeks before the date set for the hearing and not less than three weeks, notice shall be posted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 8th day of August, 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 13 Packet Pg. 198

EXHIBIT A

LEGAL DESCRIPTION OF PROPOSED ABANDONMENT
ALL OF HOTEL WAY, 20 FEET WIDE, WITHIN BLOCK 8 OF "SUBDIVISION NO. 2 BRIGHTON BEACH" IN THE CITY OF PACIFICA, COUNTY OF SAN MATEO, STATE OF CALIFORNIA AS PER MAP FILED MARCH 18, 1908 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN BOOK 6 OF MAPS, PAGE 4, DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF BRIGHTON ROAD AND THE WESTERLY LINE OF HOTEL WAY; THENCE ALONG SAID LINE NORTH 221.03 FEET TO THE SOUTHERLY CURVE OF PACIFICA AVENUE; THENCE ALONG SAID NONTANGENT CURVE TO THE LEFT HAVING A RADIUS OF 477.00 FEET (WHOSE CENTER BEARS NORTH 1"12'51" EAST) THROUGH AN ARC OF 2"24'09" 20.00 FEET TO THE EASTERLY LINE OF HOTEL WAY; THENCE ALONG SAID LINE SOUTH 221.05 FEET TO THE NORTHERLY LINE OF BRIGHTON ROAD; THENCE ALONG SAID LINE NORTH 89"56'09" EAST 20.00 FEET TO THE POINT OF BEGINNING.

CONTAINING 4,419 +/- SQUARE FEET

END OF DESCRIPTION

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Packet Pg. 199 Attachment: Attachment A - Hotel Way Legal Description (5072 : Hotel Way Vacation)

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Packet Pg. 200 Attachment: Attachment B - Hotel Way Plot Map (5072 : Hotel Way Vacation)

ATTACHMENT C

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Attachment: Attachment C - Planning Commission Resolution dated March 7, 2022 [Revision 1] (5072 : Hotel Way Vacation)

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Attachment: Attachment C - Planning Commission Resolution dated March 7, 2022 [Revision 1] (5072 : Hotel Way Vacation)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/22/2022
1 SUBJECT:

Public Hearing on Proposed Ordinances repealing and replacing Pacifica Municipal Code Chapter 12 - Tree Preservation and Chapter 14 - Maintenance and Preservation of City Trees RECOMMENDED ACTION:

Move to Waive the First Reading of and Introduce by Title an Ordinance of the City Council of the City of Pacifica Repealing and Replacing Chapter 12 (Preservation of Heritage Trees) and Chapter 14 (Maintenance and Preservation of City Trees) within Title 4 of the Pacifica Municipal Code and finding the Ordinance exempt under the California Environmental Quality Act (“CEQA”).

STAFF CONTACT:

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

Starting in 2020, the City of Pacifica began a study and public engagement process to revamp the City’s existing Tree Preservation Ordinance. This included contracting with Davey Resource Group (DRG) to provide a robust community outreach and information gathering phase to help define desired changes that would meet both the Pacifica community’s needs, as well as Industry Best Management Practices for tree preservation. Staff used the data from DRG to assist in drafting the revisions to the Tree Preservation Ordinance.

City Council Study Sessions were held on May 23, 2022, and June 27, 2022, to discuss the Community Outreach and Benchmarking Study (Attachment 1) along with recommendations from staff related to the Heritage Tree Ordinance changes. During the Study Sessions, staff discussed the extensive outreach to the community regarding the project, the information received from the other cities included in the benchmarking study and recommended ordinance changes. Changes requested by Council at the May 23rd meeting were included as Attachment #2 in the June 27, 2022 Council Report (Attachment 2).

The below bullet points show key ordinance updates based on community input and Council direction at the June 27, 2022 City Council Study Session. These changes are also provided in the redline copy in Attachment 3.

Revisions to Chapter 12- Preservation of Heritage Trees:
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• Section 4-12-02(I) revised the definition of “Grove” to mean only 10 trees rather than 20.
• Section 4-12-04(a) revised the section to include the requirement of an ISA report for the removal of any protected tree requiring a permit. • Section 4-12-04(e)(2) revised to state “Replacement tree shall be a minimum of one and a half (1.5”) inches measured with calipers and at least a 15-gallon tree, unless otherwise approved by the Director.”
• Section 4-12-04(g)(4) added “All decisions and deadlines regarding the building permit will be suspended until the final decision regarding the tree permit has been made.”
• Section 4-12-04(g)(5) added “Tree removal based off a tree removal permit shall not occur until all required grading/and or building permits have been issued.” • Section 4-12-04(g)(6) added “Once a building permit has been submitted, the Planning Director may issue a grading permit if the Planning Director determines it would advance public health and safety.”
• Section 4-12-07(b)(1) added “Proposed decisions involving dead/dying trees as determined by the Director may not be appealed.”
• Section 4-12-10(e) added that any damage to a Protected or City tree must be reported to the Director in writing.
• Section 4-12-13(a) revised to add the full definition of person to make it clearer that not just individuals, but businesses and the like will also be subject to penalties for the unauthorized removal of a protected tree. • Section 4-12-13(d) included language referencing the remedies in Title 1, Chapter 2 as applicable to give the City more options to deal with violators.

Revisions to Chapter 14-Maintenance and Preservation of City Tree:
• Section 4-14-02(e) added the definition of “person” from Chapter 12. • Section 4-14-06 added sections similar to Chapter 12 providing for the 2-1 replacement of City trees and the requirement of an ISA form. This was already required under Chapter 12, but the Council wanted it restated. Also added the replacement tree size requirements (1.5 inches and 15 gallon tree). • Section 4-14-06(I)(4) added “All decisions and deadlines regarding the building permit will be suspended until the final decision regarding the tree permit has been made.”
• Section 4-14-07 added notice section for the removal of City trees. This was already required under Chapter 12, but the Council wanted it restated. • Section 4-14-08 revised to add the full definition of person to make it clearer that not just individuals, but businesses and the like will also be subject to penalties for the unauthorized removal of a City tree.
• Section 4-14-08(f) included language referencing the remedies in Title 1, Chapter 2 as applicable to give the City more options to deal with violators.

The revised provisions of Chapters 12 and 14 would become effective thirty days after the ordinance (Attachment 4) is adopted. If adopted, staff plans to notify the community about the changes in the Municipal Code relating to tree maintenance and preservation by revising the City’s dedicated “Tree Ordinance / Permits” webpage to reflect the updates.

CEQA:
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The introduction of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment. The current regulations include provisions for the preservation of trees that have a trunk with a circumference of 50″ (approximately 16″ in diameter) or more, measured at 24″ above the natural grade. This Ordinance would expand local regulations to apply to a broader size range and criteria of trees, including trees that have a trunk with a diameter of 12″ or greater, thereby increasing the number of existing trees that would be protected and preserved. The project would also add specific standards for tree pruning and encroachment within 50’ of a tree that has a trunk with a diameter of 12″ or greater thereby expanding the preservation efforts for existing trees.

Furthermore, this Ordinance would reduce the criteria that could be used to grant the approval of a tree removal and adds a requirement for replacement trees for the removal of healthy trees at a ratio of 2:1, which will result in fewer existing trees being removed, and more new trees planted. Given these expanded regulations, the Ordinance would enhance rather than degrade existing environmental conditions and will increase preservation of existing trees. Therefore, it can be seen with certainty that there is no possibility that this project may have a significant effect on the environment. For all the reasons provided above, staff recommends finding the ordinance exempt from CEQA under the “common sense” exception.

ALTERNATIVE ACTION:

Council may choose to require further study of one or more of the recommendations, which would delay the update of the tree preservation ordinance.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

The tree preservation ordinance update is consistent the following Council adopted Goals:
• Stewardship of City Infrastructure: The project would help provide guidelines as the City continues to maintain healthy trees and remove dead or dying trees. • Environmental Sustainability: Updating the tree ordinance would provide the City with improved best management practices for its City’s trees and promote environmental sustainability.
• Maintaining a Safe Community: The project will address how the City will manage emergency tree removals.

FISCAL IMPACT:

There is no fiscal impact to waive and introduce these ordinances.

ORIGINATED BY:

Engineering
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ATTACHMENT LIST:

Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (PDF)
Attachment 2 - Staff Report from June 27, 2022 City Council Meeting (PDF) Attachment 3 - Chapter 12 and Chapter 14 Redlines (DOCX) Attachment 4 - Ordinance Updating Chapter 12 and Chapter 14 (DOCX) 14 Packet Pg. 206
Pacifica, CA
Tree Ordinance
Community Outreach & Benchmarking Study
2022
ATTACHMENT 1

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Packet Pg. 207 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Pacifica, CA
Tree Ordinance
Community Outreach & Benchmarking Study
2022
Prepared for:

City of Pacifica
Public Works Department
151 Milagra Drive
Pacifica, CA 94404
Prepared by:

Davey Resource Group, Inc.
6005 Capistrano Avenue
Atascadero, CA 93422
www.davey.com/drg

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Packet Pg. 208 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Table of Contents
Executive Summary ..........................................................................................................................................................1 Introduction........................................................................................................................................................................3 Methods of Review and Engagement.................................................................................................................3 Benchmark Communities ................................................................................................................................3 Stakeholder Engagement................................................................................................................................3 Community Engagement.................................................................................................................................4 Results ..........................................................................................................................................................................5 Chapter 12–Preservation of Heritage Trees ..............................................................................................................7 General Chapter Recommendations....................................................................................................................7 Additional Discussion and Justification.......................................................................................................7 Purpose ........................................................................................................................................................................8 Recommendations.............................................................................................................................................8 Definitions ...................................................................................................................................................................9 Recommendations...........................................................................................................................................10 Designation of Heritage Tree ..............................................................................................................................13 Recommendations...........................................................................................................................................14 Tree Protection.........................................................................................................................................................15 Recommendations...........................................................................................................................................17 Removal Policy.........................................................................................................................................................21 Recommendations...........................................................................................................................................23 Emergency Response.............................................................................................................................................25 Recommendations...........................................................................................................................................25 Building Permits.......................................................................................................................................................26 Recommendations...........................................................................................................................................26 Permits and Appeals...............................................................................................................................................28 Recommendations...........................................................................................................................................29 Fees and Penalties...................................................................................................................................................31 Recommendations...........................................................................................................................................31 Mitigation Measures...............................................................................................................................................34 Recommendations...........................................................................................................................................34 Chapter 14–Maintenance and Preservation of City Trees...................................................................................37 General Chapter Recommendations..................................................................................................................37 Scope and Intent.....................................................................................................................................................37 Recommendations...........................................................................................................................................38 City Tree Maintenance and Preservation .........................................................................................................38 Recommendations...........................................................................................................................................39 Definitions of Terminology...................................................................................................................................39 Recommendations...........................................................................................................................................40 City Tree Maintenance and Preservation Policies/Procedures...................................................................40 Recommendations...........................................................................................................................................41 Tree Planting.............................................................................................................................................................42 Recommendations...........................................................................................................................................42 Ordinance No. 636-C.S. and No. 673 C.S.................................................................................................................43 General Recommendations..................................................................................................................................45 Additional Discussion and Justification.....................................................................................................45

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Packet Pg. 209 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Other Stakeholder Concerns Not Related to Ordinance Revisions .................................................................47 Appendix A: Tree Protection Zones...........................................................................................................................49 Appendix B: Industry Standards .................................................................................................................................54 Appendix C: Community Engagement.....................................................................................................................55 Virtual Community Meeting.................................................................................................................................55 Rotary Club Meeting ..............................................................................................................................................59 Online Survey Results.............................................................................................................................................62 Tables
Table 1: Key Challenges/Opportunities and Recommendations for Chapter 12 ...........................................7 Table 2: Key Challenges/Opportunities and Recommendations for Section 4-12.01 ..................................8 Table 3: Other Key Challenges and Opportunities for Risk Management with Recommendations for Improvement......................................................................................................................................................................9 Table 4: Key Challenges/Opportunities and Recommendations for Section 4-12.02 ................................10 Table 5: Summary of Protected Tree/Heritage Tree Definitions for Inland Communities ........................11 Table 6: Summary of Protected Tree/Heritage Tree Definitions for Coastal Communities ......................11 Table 7: Key Challenges/Opportunities and Recommendations for Section 4-12.03 ................................14 Table 8: Key Challenges/Opportunities and Recommendations for Section 4-12.07 ................................17 Table 9: Other Key Challenges and Opportunities for City Oversight with Recommendations for Improvement....................................................................................................................................................................18 Table 10: Benchmark Communities that Require Tree Protection During Construction/Development19 Table 11: Key Challenges/Opportunities and Recommendations for Section 4-12.04 and 12.05..........23 Table 12: Other Key Challenges and Opportunities for Urban Forestry Programming with Recommendations for Improvement........................................................................................................................24 Table 13: Key Challenges/Opportunities and Recommendations for Section 4-12.06..............................25 Table 14: Key Challenges/Opportunities and Recommendations for Section 4-12.08..............................26 Table 15: Other Key Challenges and Opportunities for Ordinance Awareness with Recommendations for Improvement.............................................................................................................................................................27 Table 16: Key Challenges/Opportunities and Recommendations for Section 4-12.09..............................29 Table 17: Other Key Challenges and Opportunities for Parks, Beaches, and Recreation Commission with Recommendations for Improvement........................................................................................................................29 Table 18: Key Challenges/Opportunities and Recommendations for Section 4-12.10 and 12.11..........31 Table 19: Benchmark Communities Permit and Appeals Fees ..........................................................................32 Table 20: Summary of Benchmark Community Mitigation Measures and Penalties..................................33 Table 21: Key Challenges/Opportunities and Recommendations for Mitigation Measures ....................34 Table 22: Summary of Benchmark Communities Replacement Requirements and In Lieu Fees ............35 Table 23: Key Challenges/Opportunities and Recommendations for Chapter 14.......................................37 Table 24: Key Challenges/Opportunities and Recommendations for Section 4-14.01..............................38 Table 25: Key Challenges/Opportunities and Recommendations for Section 4-14.02..............................39 Table 26: Key Challenges/Opportunities and Recommendations for Definitions of Terminology.........40 Table 27: Key Challenges/Opportunities and Recommendations for Section 4-14.03..............................41 Table 28: Key Challenges/Opportunities and Recommendations for Tree Planting...................................42 Table 29: Key Challenges/Opportunities and Recommendations for Ordinance No. 636 C.S. and No. 673 C.S. ..............................................................................................................................................................................45 Table 30: Other Key Challenges and Opportunities for Urban Forestry Management with Recommendations for Improvement........................................................................................................................48

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Packet Pg. 210 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Table 31: Common Tree Protection Zone (TPZ) Areas.........................................................................................51 Table 32: Feel free to add any other comments you have regarding Pacifica’s Urban Forest.................69 Figures
Figure 1 Should the definition of “heritage tree” be more specifically defined?.........................................55 Figure 2: Should there be an additional definition for “protected tree”? ......................................................55 Figure 3: Should the City adopt the industry standard for measuring tree diameter at 54-inch above ground? .............................................................................................................................................................................55 Figure 4: Should an arborist report be required when a request for removal of a protected tree is based on health, pest/pathogen, and/or when a tree is a heritage tree? ..................................................................56 Figure 5: What revisions should be made (if any) to the notification process? ...........................................56 Figure 6: Should staff study ways to de-incentivized illegal tree removals?.................................................56 Figure 7: Should staff review establishment of a Tree Fund? ............................................................................57 Figure 8: Should Pacifica require a 2:1 replacement for the removal of an otherwise healthy heritage/protected/City tree? .....................................................................................................................................57 Figure 9: Should staff review establishing a process for maintenance of replacement trees? ................57 Figure 10: Should staff review establishing in-lieu fees for trees not replaced on site? ...........................58 Figure 11: What is your level of satisfaction with the current care of street trees? ....................................58 Figure 12: Should the definition of “heritage tree” be more specifically defined?......................................59 Figure 13: Should there be an additional definition for “protected tree”? ....................................................59 Figure 14: Should the City adopt the industry standard for measuring tree diameter at 54-inch above ground? .............................................................................................................................................................................59 Figure 15: Should staff study ways to de-incentivize illegal tree removals?.................................................60 Figure 16: Should staff review establishment of a Tree Fund?..........................................................................60 Figure 17: Should staff review establishing in-lieu fees for trees not replaced on-site?...........................60 Figure 18: Should Pacifica require a 2:1 replacement for the removal of an otherwise healthy heritage/protected/City tree? .....................................................................................................................................61 Figure 19: Should an arborist report be required when a request for removal of a protected tree is based on health, pest/pathogen, and/or when a tree is a heritage tree? .....................................................61 Figure 20: What revisions should be made (if any) to the notification process? .........................................61 Figure 21: What is your level of satisfaction with the current care of street trees? ....................................62 Figure 22: Prior to this survey, what was your awareness of Title 4, Chapter 12: Preservation of Heritage Trees of the Pacifica Municipal Code........................................................................................................................62 Figure 23: The preservation of heritage trees in Pacifica is important because (select all that apply):.63 Figure 24: What are your top 3 preferred improvements for the heritage tree removal permit process? (choose up to 3)..............................................................................................................................................................64 Figure 25: The removal of a heritage tree should require tree replacement (select one):........................65 Figure 26: What types of education and public outreach regarding this topic do you prefer? (check all that apply).........................................................................................................................................................................66 Figure 27: Describe your interest/involvement with Pacifica’s City trees? (check all that apply)............67 Figure 28: Are City trees adequately managed?....................................................................................................68 Figure 29: Indicate your level of satisfaction with the current care of street trees. ....................................68

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Packet Pg. 211 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 1 Executive Summary
Executive Summary
Starting in 2020, the City of Pacifica began on a path to revamp the City’s existing Heritage Tree Ordinance. This included contracting with Davey Resource Group, Inc. (DRG), in 2021, to provide a robust community outreach and information gathering phase to help define desired changes that would meet both the community’s needs, as well as industry Best Management Practices (BMP) for tree preservation.

In Pacifica, California, large, mature trees on private and public property have been protected from removal for nearly 40 years under Municipal Code Chapter 12–Preservation of Heritage Trees of Pacifica. In 2006, the adoption of Chapter 14–Maintenance and Preservation of City Trees recognized the value of public trees to the community. Adopted in 1996, the “Logging Ordinance” (Ordinance No. 636 C.S. and No. 673 C.S.) defines logging operations and prohibits logging operations within the City.

Together, these regulations have protected many trees from unnecessary removal.

While Chapter 12 provides protective status for trees that meet the definition of “heritage”, City staff and members of the community are concerned that there are still many valuable trees in the community that are not being protected for future generations. The current definition of heritage tree is limited to trees or groves of trees that have reached a specific size (trunk diameter), which does not account for trees that are significant to the community for reasons other than size (e.g., native trees, visibly prominent, historically, or culturally significant, etc.). In addition, City trees that do not meet the definition of heritage tree have no legal protection from removal. Another challenge with current the ordinance is that the permitting process for legally removing a tree is difficult to navigate for community members and City staff. Current code requires that both Public Works and Planning are responsible for the review and processing of applications. The community desires improvements to the permitting process and greater transparency in the decision-making process for approval or denial of applications. The “logging ordinance” is not easily accessible through the City’s website. The lack of accessibility and visibility of this ordinance may be contributing to the loss of groves of trees that do not meet the definition of a heritage tree.

The first phase of updating Chapter 12 and 14 of Pacifica Municipal Code, included benchmarking the tree preservation ordinances in eight other communities and engagement with the community and stakeholder groups to clarify existing challenges and opportunities for improvement.

This robust community engagement process included development of a project website, meetings with commissions/committees/stakeholders, a participatory online public survey, update emails to stakeholders, pop-up events at the Pacifica Beach Farmers Market, Rotary Club meeting and a virtual public meeting. Results of this engagement process, as well as BMPs, help to inform the report’s key recommendations. Generally speaking, the Pacifica community is aware of the existing Heritage Tree Ordinance and in favor of more specifically defining the ordinance. They understand the value of trees in the community and the need for replacement of trees that are removed.

This report details the process that led up to the recommendations, identifies challenges and opportunities with the existing code and makes recommendations based on industry standards and input from City staff and the community.

Key recommendations for revision to Chapter 12–Preservation of Heritage Trees of Pacifica are:
• Revise the definition of “Heritage Tree” to specifically recognize native and other significant trees in the community.

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Packet Pg. 212 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Executive Summary 2
• Add a definition of “Protected Tree” to identify and protect trees of a specific size that are currently defined as heritage trees.
• Use the industry standard of diameter at breast height (DBH) to measure trunk diameter. • Require developers to protect trees defined as “heritage” or “protected” from construction activities, including trees on adjacent properties.
• Revise criteria for evaluating tree removal permit applications. • When a “protected” or “heritage” tree must be removed, require a minimum of two (2) replacement trees for every otherwise healthy tree that is removed. • Permit the use of in-lieu fees when trees cannot be replaced on site.

Key recommendations for revision to Chapter 14–Maintenance and Preservation of City Trees are:
• Protect all City trees, including trees not currently protected under Chapter 12.

Key recommendations for revision to Ordinance No. 636 C.S. and No. 673 C.S. (Logging Ordinance) are:
• Incorporate important protections for groves of trees into Chapter 12. • Repeal the Ordinance no. 636 C.S. and no. 673 C.S..

For nearly 40 years, large, mature trees on private and public property have been protected from removal under Chapter 12 of Pacifica Municipal Code.

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Packet Pg. 213 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 3 Introduction
Introduction
Pacifica is a community that values its trees. People are drawn to the community, seeking quick access to outdoor recreation and green space. Community members are generally strong advocates for the preservation of existing trees, which is reflected in citizen advocacy groups, including Tree City Pacifica, Pacifica Climate Committee, and Pacific Beach Coalition.

Pacifica City Council adopted the first Heritage Tree Ordinance (Chapter 12) in 1984. There have been three occurrences of revisions to the ordinance since that time. In 1995, City Council passed an ordinance to address potential negative outcomes from logging operations within the city. The Council unanimously approved Ordinance No. 636-C.S., which defined logging operations and prohibited such operations from occurring within the City. Later, in 1999, Ordinance No. 673-C.S. was amended to include exemptions to the prohibition of logging operations, including for instances where operations are in conjunction with a City permit and necessary for maintaining safety of life or property on both private and City property. Both Ordinance No. 636 C.S. and Ordinance No. 673 C.S. are collectively referred to as the “Logging Ordinance”. Later in 2006, Chapter 14 Maintenance and Preservation of City Trees was adopted which provided requirements for the maintenance and preservation of City trees.

In 2020, the City contracted with Davey Resource Group, Inc. (DRG) to review and update Chapter 12:

Preservation of Heritage Trees and Chapter 14: Maintenance and Preservation of City Trees. During the review process DRG shared industry standards and suggested solutions for the challenges and opportunities that exist with the current ordinance.

Methods of Review and Engagement
Benchmark Communities
The process began with a review of the existing ordinance, benchmarking the tree ordinances of eight (8) comparison communities (coastal and inland), discussion with stakeholders on the challenges and opportunities with the existing ordinance, interviews with Parks and Public Works staff to document the current application and enforcement, and community engagement.

The eight benchmark communities are as follows: City of Pacific Grove, City of Morro Bay, City of Monterey, City of Half Moon Bay, City of Mountain View, City of Roseville, Town of Los Gatos, and City of Palo Alto. While these are the eight communities selected for comparison in this report, some recommendations are also supported by ordinances from other communities not listed for comparison.

Stakeholder Engagement
Stakeholders were engaged through a questionnaire and virtual interviews to discuss the challenges and opportunities for Chapters 12 and 14. The following departments and organizations provided feedback through a questionnaire and/or interviews:
● City Departments
◦ Department of Parks, Beaches, and Recreation
◦ Department of Public Works
◦ Planning Department

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Packet Pg. 214 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Introduction 4
◦ North County Fire Authority
● City Commissions
◦ Planning Commission
◦ Parks, Beaches, and Recreation Commission
◦ Emergency Preparedness and Safety Commission
◦ Beautification Advisory Committee
◦ Open Space and Parkland Advisory Committee
● Non-profits and advocacy groups
◦ Tree City Pacifica
◦ Pacific Beach Coalition
● Other agencies
◦ California Department of Forestry & Fire Protection
◦ Golden Gate National Recreation Area
◦ Pacific Gas & Electric
◦ Pacifica School District
◦ North Coast County Water District
◦ Homeowners Associations – Fairmont
◦ Residents through the webpage
Community Engagement
To gain insight into the opinions of the community, a robust community engagement process was implemented in order to engage with as many community members as possible to understand the values of the wider community and the concerns with the existing ordinance and the City’s urban forestry program. A complete summary of the results of community engagement is included in Appendix C: Community Engagement.

A project website1 was established on June 11th, 2021, which gave community members an opportunity to learn about the purpose of the project and stay up to date on project developments. Community members could subscribe to the website to receive email notifications on project updates.

A Joint Meeting was held with the Planning Commission, Parks, Beaches, and Recreation Commission, and the Beautification Advisory Committee on September 28th, 2021, where DRG presented the initial findings of the review of Chapter 12, Chapter 14, and the Logging Ordinance and solicited comments from commissioners through a series of questions about initial recommendations for the tree ordinance update. During the presentation, members of the community were also invited to provide comment on the tree ordinance update.

Through the project website, community members were encouraged to participate in an online survey that was open from November 11th, 2021 through February 15th, 2022. Subscribers were sent email 1 Publicinput.com/Pacifica_Tree_Ordinance_Update

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Packet Pg. 215 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 5 Introduction
notifications on the opening and closure of the survey. The survey was promoted through the project website, the City website, Connect with Pacifica, and social media accounts. Two pop-up events were held on November 11th and 17th at Pacifica Beach Farmers Market, where DRG and City representatives encouraged community members to participate in the online survey.

A virtual public meeting was hosted through the project website on November 16th. During the presentation, participants were prompted to respond to a series of poll questions about the current Chapter 12 and the urban forestry program. A recording of the presentation and the poll questions used during the meeting were available for viewing and participation until February 15th, 2022.

Furthermore, an in-person presentation was provided at the Pacifica Rotary Club Meeting held on January 11th, where members participated in a series of live polling questions about Chapter 12 and the City’s urban forestry program.

Results
During the ordinance review and community engagement, DRG noted both challenges and opportunities that exist with the current Chapter 12, Chapter 14, the Logging Ordinance, and other City policies that affect the care and maintenance of heritage and City trees. Based on that review, DRG developed several recommendations for revisions to the ordinance and suggestions for changes to City policy. Through discussions with City staff and engagement with stakeholders and the community, this report represents the direction that the City would like to pursue to revise and update Municipal Code Chapter 12, Chapter 14, the Logging Ordinance, and City policy.

Throughout this report, challenges and opportunities with existing code and policy are summarized in tables. The tables include associated recommendations for revisions and additions to code and for modifications to City policy. Many challenges and opportunities can be addressed through singular recommendations, where others will require a multi-faceted approach, with several changes. Key challenges and opportunities and associated recommendations for Municipal Code revisions are summarized in green tables. Lavender-colored tables summarize recommendations that address key challenges and opportunities that are not related to updates or revisions to Municipal Code.

This report is structured to align relatively in the order that the sections of the Municipal Code occur, beginning with Chapter 12 and ending with the Logging Ordinance. Each section of Municipal Code includes a summary of the current ordinance, recommendations, discussion and justification, which sites stakeholder and community feedback and provides comparisons to benchmark communities where applicable.

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Challenges and opportunities that affect the care and maintenance of heritage and City trees were noted during the review process.

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Chapter 12–Preservation of Heritage Trees
Because the benefits of trees transcend property lines, many communities have ordinances to protect trees on private property from damage and removal. Tree preservation ordinances generally are intended to preserve large trees on private property for the sake of conserving canopy cover. A heritage tree designation is usually applied to trees that require special recognition and protection. In many instances, having both a definition for “protected tree” and “heritage tree” can protect even more trees.

General Chapter Recommendations
Table 1: Key Challenges/Opportunities and Recommendations for Chapter 12 Key Challenges/Opportunities Recommendations
● A heritage tree is a term typically applied to trees
of more significance to the community than trees
that are just large.
● Change chapter title to “Tree Preservation” to
allow for distinction between protected trees
versus heritage trees.
● Redefine “heritage tree” to recognize significant
trees in the community that may not meet the
current definition of “heritage tree” (e.g., toyon
trees).
● Add definition of “protected tree” in place of
current definition of “heritage tree”.

Additional Discussion and Justification
The overall community benefits from trees on private property and the canopy that those trees provide.

Protecting large trees on private property is especially important for the preservation of canopy. There are some trees in Pacifica that are more significant than other trees, not just because of size. A concern that was frequently heard during engagement was that the current definition for heritage tree does not protect native species. For example, native toyon (Heteromeles arbutifolia) are currently not protected by the heritage tree definition. With the addition of the definition of “protected tree”, the “heritage tree” definition can be revised to recognize native toyon trees or other native species, historically significant, or other trees in the community that are valued for reasons other than being large. These trees are valuable community assets and should receive special recognition through the designation of a “heritage tree”.

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Purpose
Sec. 4-12.01. - Purpose.
(a) It is recognized that the preservation of heritage trees on public and private property is important for the following reasons:
(1) To continue to encourage and assure the continuance of quality development; (2) To protect and conserve the attractiveness, aesthetic and scenic beauty, and historic atmosphere of the City;
(3) To protect the environment and climatic balance of the City; (4) To aid in the reduction of air pollution by protecting the known capacity of trees to produce oxygen and ingest carbon dioxide;
(5) To help reduce potential damage from wind by decreasing wind velocity; (6) To provide shade;
(7) To act as a noise buffer; and
(8) To assist in the absorption of rainwater into the ground, thereby protecting against potential damages from soil erosion, mudslides and flooding, as well as reducing the cost of handling storm water by artificial means.
(b) In order to promote the health, safety, and general welfare of the citizens of the City, while recognizing individual rights to develop, maintain, and enjoy private property, it is necessary to enact regulations preserving and protecting trees on private or City-owned property within the City.

Section 4-12.01 provides a summary of the benefits of heritage trees and the reasons for which the community has chosen to extend protection to trees on both public and private property.

Recommendations
Table 2: Key Challenges/Opportunities and Recommendations for Section 4-12.01 Key Challenges/Opportunities Recommendations
● This section has some awkward language.
● It may fall short in communicating how
important trees are to the overall community and
the need to preserve and protect large trees for
future generations.
● Some residents are concerned about trees falling
on homes (whether founded or unfounded) or
improvements to views are desired and illegal
removals of trees sometimes occur.
● Revise existing language to describe trees’
environmental and socioeconomic contributions
more accurately to the community.
● Recognize the importance of the urban forest.
● Emphasize the importance of heritage trees to
the community.
● Introduce the terminology of “protected trees”
and “heritage trees”.
● Clarify policy on removing trees to enhance
views.

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Table 3: Other Key Challenges and Opportunities for Risk Management with Recommendations for Improvement
Key Challenges/Opportunities Recommendations
● Some residents are concerned about trees falling
on homes (whether founded or unfounded) or
improvements to views are desired and illegal
removals of trees sometimes occur.
● Adopt a risk management policy and set a
threshold of acceptable risk for protected and
heritage trees to increase transparency and
reduce subjectivity.

Additional Discussion and Justification
Aside from the use of the term “heritage tree” to describe all protected trees, the purpose of Chapter 12, is generally consistent with other regional tree preservation ordinances in that trees on both public and private property are important to the community.

Some stakeholders suggested that the City does not always advocate for tree preservation. While most residents appreciate trees and value the natural landscape, some residents value views over trees and others have concerns that large trees may fall on their homes (whether founded or unfounded). As a result, sometimes trees are illegally removed. It is important for the City to adopt a risk management policy, including setting a threshold of acceptable risk, to increase transparency and avoid the appearance of subjectivity. Revisions should clarify the City’s position on whether trees can be removed to enhance views.

Definitions
Sec. 4-12.02. - Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) "City" shall mean the City of Pacifica, acting by and through its authorized representatives. (b) "Director" shall mean the Director of the Department of Community Development and Services of the City, or his or her designee.
(c) "Heritage tree" shall mean and include:
(1) All trees within the City of Pacifica, exclusive of eucalyptus, which have a trunk with a circumference of fifty (50″) inches (approximately sixteen (16″) inches in diameter) or more, measured at twenty-four (24″) inches above the natural grade; or (2) A tree or grove of trees, including eucalyptus, designated by resolution of the Council to be of special historical, environmental, or aesthetic value. (d) "Owner" shall mean the owner of the real property on which the tree is situated as shown on the most recent County Assessor's tax roll.
(e) "Person" shall mean an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives.
(f) "Private property" shall mean and include all property not owned by the City or another public agency.

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Section 4-12.02 defines “City”, “Director”, “Heritage tree”, “Owner”, “Person”, and “Private property”.

Recommendations
Table 4: Key Challenges/Opportunities and Recommendations for Section 4-12.02 Key Challenges/Opportunities Recommendations
● There is no longer a Department of Community
Development and Services of the City, therefore
there is no Director of this department.
● The designation of heritage tree is given to
nearly all trees and does not provide special
recognition of trees that are important to the
community, for more than just being large,
mature trees.
● Current methodology of measuring diameter is
not consistent with industry standards.
◦ Methodology for measuring multi-stemmed
trees is not defined.
● Disagreement among stakeholders on whether
the definition of heritage tree should include all
trees that are greater than 16-inches in diameter
or if some species should be excluded (e.g.,
Eucalyptus species).
● Community members expressed concerns that if
the method of measurement is changed, some
trees that are currently protected may no longer
be protected as the diameter of some trees may
be less than 16-inches if measured at 54-inches
above natural grade.
● Additional definitions will be required if
suggested changes are made in subsequent
sections.
● Redefine the “Director” to the Director of Public
Works or their designee.
● Add additional terms and definitions as
recommended in other sections.
● Add a new definition of “protected tree” in place
of the current definition of “heritage tree”
◦ Revise definition of “heritage tree” to reflect
the distinction between a heritage tree
versus a protected tree.
◦ Consider “heritage trees” as a subcategory of
“protected tree”.
● Measure trees according to ISA Best
Management Practices Tree Inventories. Second
Edition. 2013 by Jerry Bond.
◦ Use the average of the diameter for multistemmed trees. ● Reduce the minimum diameter in the new
definition for “protected tree” from 16-inches to
14-inches to ensure that no trees that are
currently protected by the “heritage tree”
definition will lose protective status.
● Exclude species that are classified as invasive
species as determined by the California Invasive
Plants Council from protection.

Additional Discussion and Justification
There is no longer a Department of Community Development and Services. Currently, this role is fulfilled by the Director of Planning; however, the Director of Public Works has a role during permit review.

In the eight benchmark communities, there are protected trees, which are typically large trees, whereas “heritage tree” or “landmark tree” are used to provide protections to specific trees in each of those communities. For a summary of each communities’ definition, see Tables 1 and 2.

During community engagement, community members were asked whether a new definition of “protected tree” should be added to the ordinance that would be defined by the current definition of “heritage tree”. Among participants, 77% indicated support for the addition of the definition of

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“protected tree”. Similarly, 87% of participants indicated support for redefining the definition of “heritage tree” to be more specific about the trees that meet this designation.

Table 5: Summary of Protected Tree/Heritage Tree Definitions for Inland Communities Inland Summary of Ordinance
City of Palo Alto Upon nomination by any person and with the written consent of the property owner(s), the city council may designate a tree or trees as a heritage tree. A tree may be designated as a “heritage tree” upon a finding that a tree is an outstanding specimen of a desirable species, one of the largest or oldest trees in Palo Alto, distinctive in form, size, age, location, and/or historical significance.

Town of Los Gatos Heritage tree means a tree or grouping of trees specifically designated by action of the Town Council, upon the recommendation of the Historic Preservation Commission, that possess exceptional aesthetic, biological, cultural, or historic value and is expected to have a continuing contribution to the community.

City of Roseville “Protected Tree” any native oak tree greater than 6-inches diameter at breast height (DBH) measured as a total of a single trunk or multiple trunks.

City of Mountain
View
A “Heritage Tree” shall mean any tree with a trunk with a circumference greater than 48-inches circumference measured at 54-inches above natural grade; a multibranched tree with major branches below 54-inches above grade with a circumference greater than 48-inches measured below first major trunk; any Quercus (oak), Sequoia (redwood), or Cedrus (cedar) tree with a circumference of greater than 12-inches when measured 54-inches above grade; and a tree or grove of trees designated by resolution of the city council to be of historical value or of significant community benefit.

Table 6: Summary of Protected Tree/Heritage Tree Definitions for Coastal Communities Coastal Summary of Ordinance
City of Pacific
Grove
“Protected trees”, include: native trees (all gowen cypress [regardless of size), all coast live oak, Monterey cypress, shore pine, Torrey pine, and Monterey pine greater than 6-inches in diameter measured at 54-inches above native grade), all other private trees, regardless of species, greater than 12-inches in diameter measured at 54-inches above natural grade, all trees within 100 yards of designated Monarch sanctuaries, all trees on public property greater than 6-inches in diameter measured at 54-inches above native grade, all street trees regardless of size, and all trees that are otherwise protected and will be impacted as a result of development, both proposed for pruning or removal and where the development will impact the critical root zone of the tree that requires protection during construction, and all trees otherwise identified -during development or otherwise- for special protection by the property owner.

City of Morro Bay Any Morro Bay resident may nominate any tree within the right-of-way to be considered for landmark tree designation that meets the following criteria: any

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specimen tree or grove of significant size, beauty, cultural heritage or habitat value; specimen tree or grove of significant habitat value for migratory birds and butterflies; native trees or groves of historical significance to local indigenous cultures; specimen tree or grove of agricultural significance and history; and specimen tree or grove older than eighty to one hundred years; any trees playing very important functional role in city parks or for city planning and maintenance; specimen trees or groves of significant planted by early settlers of Morro Bay.

City of Monterey “Local landmark tree” are trees that should be protected and preserved because of their outstanding size, prominence, and/or health. Landmark trees must meet the following criteria:
● Oak trees
◦ Greater than 10-inches in diameter measured at a point 54-inches above natural grade
◦ Greater than 20-feet in height
◦ Prominently visible from public streets, parking areas, parks or open space, from a minimum distance of 100-feet
● Conifers
◦ Greater than 12-inches in diameter measured at a point 54-inches above natural grade
◦ Greater than 30-feet in height
◦ Prominently visible from public streets, parking areas, parks or open space, from a minimum distance of 100-feet
● Non-native ornamental
◦ Greater than 10-inches in diameter, measured at a point 54-inches above natural grade
◦ Greater than 15-feet in height
◦ Prominently visible from public streets, parking areas, parks or open space, from a minimum distance of 100-feet
● Any tree
◦ Possesses special beauty, or horticultural or historic interest ◦ Is of such substantial size or prominence that has
▪ Significant visibility from city streets, parks, and open space ▪ Significant contribution to the forested skyline of the city ◦ Rare or unusual species
◦ Outstanding representative of the species
City of Half Moon
Bay
A “Heritage Tree” means a tree located on public or private property (excluding eucalyptus) with a trunk greater than 12-inches measured at 48-inches above ground level; a tree or stand of trees so designated by resolution of the city council based on its finding of special historical, environmental or aesthetic value; and a tree located within the public right-of-way along the entire length of certain streets.

Although some stakeholder expressed concerns about protecting Pinus radiata (Monterey pine) and Myoporum parvifolium (Myoporum) due to susceptibility to pests, excluding species from protections because of a pest, sets a precedent for not protecting any tree because it may die due to a pest or disease. Individual trees can have variable responses to pests. Some pests are more devastating as a

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result of prolonged drought, so trees in irrigated sites may be more resilient. Protecting trees from removal should be evaluated on a case-by-case basis by a certified arborist.

Eucalyptus species have a reputation of being perceived as a fire hazard. Eucalyptus is a genus of more than 700 species of trees and shrubs that are mostly native to Australia and have been introduced into California as ornamentals and for timber. Eucalyptus globulus (blue gum eucalyptus) and Eucalyptus camaldulensis (river red gum) are generally the species of greatest concern when it comes to fire, as these species produce highly flammable oils and produce high volumes of leaf litter. Additionally, both of these species are considered to be invasive species by the California Invasive Plants Council.

Therefore, species that are classified as invasive or are a well-documented fire hazard (i.e., Eucalyptus globulus and E. camaldulensis) should not be eligible for protection.

One challenge with the current definition of “heritage tree” is the method for measurement. The current definition defines the place of measurement on a tree to be 24-inches above natural grade and there is no methodology for measuring multi-stemmed trees, which is inconsistent with industry standards. For communities that have a minimum diameter for protected trees, most subscribe to the industry standard of measurement, using 54-inches above the natural grade or breast height.

Designation of Heritage Tree
Sec. 4-12.03. - Council designation of heritage trees.
(a) All trees within the City, exclusive of eucalyptus, which meet the size criteria set out in Section 4-

12.02 (c) (1) herein are hereby designated to be heritage trees. (b) In addition to heritage trees designated under Section 4-12.02 (c)(1) herein, where a tree has special historical, environmental or aesthetic value, the Council, by resolution, may designate an individual tree or a grove of trees as a heritage tree, regardless of its size. (c) The Director, City Council, landowner, or any other interested person may request that a tree or grove of trees be designated as a heritage tree regardless of its size. (d) The City Clerk shall notify the landowner in writing personally or by mail at least ten (10) days before the Council intends to designate an individual tree or trees on his or her land as a heritage tree under subsection (b) herein, unless the landowner has requested the designation.

Currently, in Pacifica, all trees (excluding eucalyptus species) which have a diameter of 16-inches measured at 24-inches above the natural grade or any tree or grove of trees (including eucalyptus) designated by resolution of the Council to be of special historical, environmental, or aesthetic value are defined as a “heritage tree”.

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Recommendations
Table 7: Key Challenges/Opportunities and Recommendations for Section 4-12.03 Key Challenges/Opportunities Recommendations
● The current definition of “heritage tree” is
primarily based on size criteria.
● Heritage tree definition does not provide special
recognition to native species, including Quercus
agrifolia (coast live oak), Quercus lobata (valley
oak), Aesculus californica (California buckeye),
Pinus radiata (Monterey pine), Sequoia
sempervirens (redwood), or Heteromeles
arbutifolia (toyon).
● Benchmark communities have protected trees
and recognize trees of greater significance to the
community through the designation of heritage
trees.
● Heritage tree definition does not account for
trees that pose an unreasonable risk to public
health.
● If one of the following criteria are met and trees
are in a condition that can be maintained in the
landscape so as not to create an unreasonable
risk shall be designated as a “heritage tree”:
◦ Quercus agrifolia (coast live oak), Quercus
lobata (valley oak), Aesculus californica
(California buckeye), Pinus radiata (Monterey
pine), and Sequoia sempervirens (redwood)
greater than 12-inches DBH
◦ Heteromeles arbutifolia (toyon) greater than
4-inches DBH
◦ Trees of historic value
◦ Specimen tree of any species
◦ Is one of the largest or oldest trees in Pacifica
◦ Significant habitat value
◦ Visibly prominent in the community
● Define “specimen tree”.
● Adopt a risk management policy and set a
threshold of acceptable risk for protected and
heritage trees to increase transparency and
reduce subjectivity.

Additional Discussion and Justification
Large non-invasive trees on private property contribute to overall canopy cover and should be protected, through defining these trees as “protected trees”. Some trees are more important to the community than simply because of size alone and warrant special recognition and greater protection through the designation of “heritage tree”. Heritage trees should be those of native species, have historical value, a specimen tree of any species, older trees, contribute significantly to wildlife habitat, or be visibly prominent in the community and be in a condition that the tree can be maintained in the landscape so as not to create an unreasonable risk.

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Tree Protection
Sec. 4-12.07. - Tree protection plans.
(a) Tree protection plan required. Any development proposal which requires a discretionary permit or other land use approval as set forth in Title 9 of this Code, and which includes a proposal to cut down, destroy, remove, move, or engage in construction within the dripline of a heritage tree, must be accompanied by a tree protection plan which shall insure the preservation of trees where possible and the protection of trees during construction so as to maximize chances for their survival. Such projects are excepted from obtaining a tree removal permit from the Director. The official or public body authorized to grant the development approval sought shall implement the purposes of this chapter by means of review and approval of the tree protection plan and may condition the plan to insure compliance with and to further the purposes of this chapter, including requirement of replacement plantings or an in lieu fee. Public notice of the proposal to remove trees shall be given in conjunction with and in the same manner as the notice requirements applicable to the permit or land use approval sought.
(b) Plan preparation. The plan shall be prepared by a qualified arborist, horticulturist, landscape architect or other qualified person.
(c) Plan content. The plan shall include all the information specified by Section 4-12.05 and the following additional information:
(1) Size, species, aesthetics, state of health, and dripline location of each tree that reaches to within twenty (20′) feet of any proposed development areas, including any areas where trenching or paving is proposed.
(2) Mitigating measures proposed to insure the survival of remaining trees through the construction process and thereafter.
(3) Size, species, and location of trees proposed to replace those proposed for removal. (d) Tree protection standards. Approval of the protection plan shall require compliance with the following standards:
(1) Identification. Trees proposed for removal shall be identified for field inspection by the Director, who shall post notice of the proposed removal as set forth in Section 4-12.09 (a) herein.
(2) Drip line protection. The applicant is responsible to use his or her best efforts to preserve all trees which are to remain on the project site. With respect to heritage trees, the following specific construction practices shall apply:
(i) Each heritage tree or group of trees to be preserved shall be protected by marking and fencing the entire dripline area prior to grading, paving, movement of heavy equipment, or other construction activity. Exceptions may be approved by the Director. (ii) The existing ground surface within the dripline of any heritage tree should not be cut, filled, compacted, or paved unless there is no other reasonable design alternative. (iii) All cuts or trenching within the dripline of a heritage tree and all root cuttings are to be made by hand. No backhoes or graders shall be used. Appropriate measures shall be taken to prevent soil upon exposed roots from drying out.

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(3) Landscape plans. Landscape plans, when required, must show the proposed landscaping within the dripline of trees and the proposed replacement plantings on site. (4) Nonconformance. In case of nonconformance with the tree protection requirements, the Director may issue a Stop Work Order until all requirements have been met. (5) Tree damage or destruction. Should unauthorized work or nonconformance lead to the threat of tree damage or destruction, the Director may issue a Stop Work Order and require mitigation of the damage.
(6) Performance security. Performance security, whether by security bond, cash deposit, or other security acceptable to the City, may be required prior to issuance of a permit in order to assure protection of trees on the site. The amount of any said performance security shall be One Thousand Five Hundred and no/100ths ($1,500.00) Dollars per tree or the value of the affected tree or trees, whichever is greater. Tree value shall be determined by the Director based on an accepted appraisal method in the landscape appraisal field. The performance security shall be forfeited if, prior to final building permit inspection, the Director finds that the tree has suffered permanent damage. If no permanent damage has occurred, the performance security shall be returned upon final building permit inspection. Funds collected through the forfeiture of performance security shall be used to replace trees in the community.

Pacifica’s current ordinance requires tree protection plans for “[a]ny development proposal which requires a discretionary permit or other land use approval...which includes a proposal to cut down, destroy, remove, move, or engage in construction within the dripline of a heritage tree”. The section defines prohibited activities within the dripline of the tree and specifies who should prepare a tree protection plan and what needs to be included in it. Nonconformance with the tree protection plan and tree damage or destruction will result in Stop Work Order and requirements for mitigation. To assure protection of trees on a site, a performance security “may be required prior to the issuance of a permit”.

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Recommendations
Table 8: Key Challenges/Opportunities and Recommendations for Section 4-12.07 Key Challenges/Opportunities DRG Recommendations
● “[Q]ualified arborist, horticulturist, landscape
architect or other qualified person” is vague.
● Trees on adjacent properties can have roots that
extend beyond property boundaries and may be
affected by construction activities if they do not
have a tree protection plan.
● Tree protection plans are not required for trees
that are not directly affected by construction but
are within the site.
● Tree protection plan requirements do not meet
industry standard as defined by ANSI A300 Part
5 Construction (Appendix B).
● “Drip line” is not defined.
● Drip line does not adequately protect the critical
root zone for most trees in the landscape.
● Oversight is not required during construction to
ensure compliance with tree protection
measures.
● Performance security is up to the discretion of
the Director and is not required.
● There are concerns that after a removal permit is
approved, in conjunction with a building permit,
there are no visible indicators at the site for trees
that will be removed, and which trees will be
retained.
● Designate ISA Certified Arborist and/or ASCA
Consulting arborist or Certified Urban Forester as
qualified persons.
● Standardize what needs to be included in tree
protection plans, such as the elements identified
in Appendix A: Tree Protection Zones.
● Require tree protection plans to comply with
industry standards, including ANSI A300 Part 5
Construction.
● Require developers to protect trees that are on
adjacent properties, where likely impacts will
occur, from construction activities.
● Define the tree protection zone (TPZ).
◦ Calculate the area of the TPZ by ([TPZ radius]
² x 𝜋).
◦ Base the radius of the TPZ on the following:
▪ A minimum of six feet for trees less
than 4-inches in diameter.
▪ The diameter of the tree multiplied
by 1.5 feet for trees less than 24-
inches in diameter.
▪ The diameter of the trunk
multiplied by 2 feet for trees larger
than 24-inches in diameter.
● Define what Stop Work Order includes (i.e.,
suspending and prohibiting further activity
pursuant to grading, demolition, and building
permits [construction, inspection, and issuance
of certificates of occupancy]) until a mitigation
plan has been filed and approved by the Director.
● Require a performance security as a condition of
approval of any permit to ensure compliance
with the tree protection plan.
◦ Set the value of the performance security
based on the value of the tree as assessed by
the Guide for Plant Appraisal (10th Edition or
newer).

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● Require applicants to report within 24-hours to
the Director any damage or injury to trees.
● Implement an inspection schedule, where the
Director shall verify, in writing, that all preconstruction conditions have been met (tree fencing, erosion control, pruning, et.) and are in
place, and again post-construction to assess tree
health.
● Impose a penalty fee if trees or their roots are
damaged.

Table 9: Other Key Challenges and Opportunities for City Oversight with Recommendations for Improvement
Key Challenges/Opportunities DRG Recommendations
● Oversight is not required during construction to
ensure compliance with tree protection
measures.
● Currently there is no City Arborist on staff, where
in the past the City Arborist was responsible for
reviewing arborist reports submitted with
development applications and provided
recommendations for conditions of approval.
● Require applicants to report within 24-hours to
the Director any damage or injury to trees.
● Implement an inspection schedule, where the
Director shall verify, in writing, that all preconstruction conditions have been met (tree fencing, erosion control, pruning, et.) and are in
place, and again post-construction to assess tree
health.
● Impose a penalty fee if trees or their roots are
damaged.
● Employ a City Arborist or hire an independent
certified arborist to review development
applications, provide recommendations and
oversight for tree protection plans, and to
establish performance securities based on the
Guide for Plant Appraisal (10th Edition or newer).

Additional Discussion and Justification
Among the eight benchmark communities, almost all have some requirements in municipal code around protecting trees during construction. Similar to Pacifica, these ordinances define restricted activities from occurring within the protected zone, site plan information, and mitigation measures (Table 3).

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Table 10: Benchmark Communities that Require Tree Protection During Construction/Development City/Town
Palo AltoLos GatosRosevilleMountain ViewPacific GroveMorro BayMontereyHalf Moon Bay Tree Protection Plan/Preservation Plan Yes Yes Yes No Yes No Yes Yes The current ordinance defines the protected area to be within the dripline of a tree. There are no specifications for design or prohibited activities within the protected area. While the definition of “drip line” is generally understood, the existing ordinance does not define the terminology. Furthermore, using the drip line (recognized by the industry as dripline) to define the area of protection will often result in underestimation of the critical root zone for most landscape trees.

Approximately one third of a trees’ biomass is found in the root system. Protecting the entire tree, including the critical root system, is vital to tree health and vigor. Construction activities can have longterm effects on a tree's health. Trees larger than 24-inches are generally recognized as mature and are more sensitive to construction activities and have critical root systems that extend further out from the tree and thereby require a larger area of protection.

DRG recommends that all trees that will be preserved have a Tree Protection Zone (TPZ) established in order prevent injury to trees during construction. If measures are not taken, the cumulative impacts of construction, can result in decline and death of affected trees.

There are several methods for defining the TPZ but using the trunk diameter to define the TPZ is one of the easiest ways for defining this area. This method uses the diameter of the tree as a multiplier for defining the radius of the TPZ. The radius of the TPZ is then used to calculate the area around the tree ([TPZ radius] ² x 𝜋) that must be protected. This area can then be used to establish the boundaries of the TPZ. The radius of the TPZ for trees less than 4-inches in diameter must be at least 6 feet (including the trunk) to sufficiently protect the root system. For larger trees, the radius of the TPZ can be calculated by multiplying the DBH by 1.5 feet for trees less than 24-inches or the DBH multiplied by 2- feet for trees larger than 24-inches in diameter. A table of common trunk diameter’s and their associated TPZ are provided in Appendix A: Tree Protection Zones. Once the radius of the TPZ is determined, the area of protection can be calculated using the formula for area of a circle (r2 x 𝜋). This area is used to approximate the boundaries of the TPZ. The TPZ around a tree can be offset slightly or not necessarily round to accommodate individual site needs.

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The following is provided as an example of the application of the above-mentioned variables and calculations:

TPZ Radius = Trunk diameter x 2-ft
25 x 2-ft = 50 ft radius
Area of TPZ = ([TPZ radius] ² x 𝜋)
(50)2x π = 7,854 ft2
Trees and tree root zones often cross property lines. Construction activities on one parcel can have negative effects on trees and tree roots on an adjacent parcel. The current ordinance does not provide clear direction for trees on adjacent properties, in proximity to construction activities. Some stakeholders indicated that they had observed that trees on adjacent properties were not protected during construction activities. It is important to identify all protected trees that may be impacted during construction and require developers to develop a tree protection plan for those trees that are adjacent to construction activities. Amending the ordinance to prevent damage to trees and tree roots on adjacent properties is important for protecting these trees and avoiding neighbor disputes.

City planners should suggest modifications to designs to avoid impacts to heritage trees wherever possible, but in instances where plans cannot be modified a tree protection plan should be required for all trees that are to be retained. A tree protection plan should clearly specify activities that are prohibited within a defined TPZ.

Standards and specifications for tree protection during construction are sometimes included in municipal code. DRG recommends that standards and specifications be provided in a separate, accessible, and comprehensive document that can be reviewed and updated as needed without the need for ordinance revision. For example, the City of Palo Alto ordinance Chapter 8.10 Tree Preservation and Management Regulations provides minimal detail on requirements for tree protection and cites their Tree Technical Manual for detailed specification. The manual provides extensive information on requirements for Tree Protection and Preservation Plans for specific construction activities, including grading, tunnelling and directional drilling, trenching, excavation, and equipment use.

To ensure compliance with a tree protection plan, the Director (or designee) should regularly monitor compliance and issue a Stop Work Order if the plan is not adhered to. Requiring performance securities can further ensure compliance. Like Pacifica ($1,500 per tree or the value of the affected tree or trees, whichever is greater), the City of Roseville has a performance security; however, the deposit is a 25-inch DBH
50 ft radius
7,854 ft2
Trunk of tree

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minimum of $10,000 and is required “prior to any grading, delivery of materials, or movement of heavy equipment onto the site, or issuance of any permits”. Palo Alto’s Tree Technical Manual includes security deposits, which as a condition of approval, may be required by the Director, a value of between 25% and 100% of the value of the tree as determined by the most recent edition of the Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers.

Additionally, requiring posting of a tree protection plan along with other visual indicators (e.g., signs, fencing, etc.) for trees that will be preserved versus those which trees will be removed, can create further accountability and allow members of the community to access the information.

Note: In the Guide for Plant Appraisal (10th Edition), there are numerous methods provided for appraising the value of a tree, including: the Repair Method, the Reproduction Method, Functional Replacement Method, and Market Value. All the approaches are based on quantitative data (measurements, counts, rankings, ratings, etc.) and qualitative data (plant health, site conditions, and management history).

Regardless of the method, all appraised values must be “reasonable” and supported by documentation on how and why a value is determined.

Removal Policy
Sec. 4-12.04. - Permits required to remove or destroy trees.

No person shall cut down, destroy, remove, or move a heritage tree, or engage in new construction within the dripline of a heritage tree growing on private property or City-owned property, without a permit. As used in this section, "destroy" shall include substantial trimming which threatens the healthy growth and development of the tree.

Section 4-12.04 prohibits any person from cutting down, destroying (substantially trimming), removing, or moving a heritage tree or conducting construction activities within the dripline of a heritage tree growing on private or public property without a permit.

Sec. 4-12.05. - Applications for and granting of tree removal permits. (a) A person who desires to destroy, move, or remove one or more heritage trees on any private or Cityowned property shall apply in writing to the Director. Such application shall contain the number, species, size, and location of the tree or trees involved, a statement of the reason for the requested action, a list of the property owners adjacent and contiguous to the location of the proposed tree or trees involved, stamped and addressed envelopes to such property owners, and any other pertinent information. No person may trim, cut down, destroy, remove or move a heritage tree for which a permit application is pending.
(b) Within fourteen (14) days after the receipt of the application, the Director, or his or her appointed representative, shall inspect the premises and the tree or trees involved and shall issue a proposed decision determining which, if any, trees may be destroyed, moved, or removed and setting forth the conditions to be imposed. The Direct shall give notice of the application and proposed decision pursuant to Section 4-12.09 herein.
(c) The granting of such permit shall be based on the following criteria:
(1) The condition of the tree with respect to disease, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services,

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and its ability to host a plant which is parasitic to another tree which is in danger of being infested by the parasite;
(2) Whether the requested action is necessary for the economically viable use of the property; (3) The topography of the land and effect of the requested action on it; (4) The number, species, size, and location of existing trees in the area and the effect of the requested action upon shade, noise buffers, protection from wind damage, air pollution, historic value, scenic beauty and upon the health, safety, historic value, and general welfare of the area and the City as a whole;
(5) The number of healthy trees the parcel is able to support; and (6) Good forestry practices.
(d) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director. (e) In order to mitigate the adverse effects of tree removal, a tree removal permit may be conditioned upon tree relocation on-site, planting of replacement trees, or payment of fees in lieu thereof if on-site replacement is not feasible. No applicant shall be required to expend more on the replacement trees than the appraised value of the trees for which a permit is required. The Director shall determine the replacement value of the trees. If a fee in lieu thereof is imposed, the Director shall determine the value of the number and size of trees necessary to offset the loss of the heritage tree. If on-site replacement is not feasible, the Director may condition the permit on payment of such a fee in order to mitigate the tree loss without replacement plantings off-site. The applicant may be required to submit an evaluation, appraisal or replacement plan prepared by a qualified horticulturist, arborist or licensed landscape architect. (f) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions.

The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.

Section 4-12.05 outlines the process for tree removal permits and the appeals procedures. Any person who “... desires to destroy, move, or remove one or more heritage trees on any private or City-owned property shall apply in writing to the Director”. The application “...shall contain the number, species, size, and location of the tree or trees involved, a statement of the reason for the requested action, a list of the property owners adjacent and contiguous to the location of the proposed tree or trees involved, stamped and addressed envelopes to such property owners, and any other pertinent information.” Within 14 days of submitting the application, the Director “...shall inspect the premises and the tree or trees involved and shall issue a proposed decision…”. The Director shall evaluate the granting of the permit based on “disease, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its ability to host a plant which is parasitic to another tree which is in danger of being infested by the parasite whether the requested action is necessary for economic viable use of the property…”, the effect on the land based on the surrounding topography, “...existing trees in the area and the effect of the requested action on shade, noise buffers, protection from wind damage, air pollution, historic value, scenic beauty

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and upon the health, safety, historic value, and general welfare of the area and the City as a whole...”, the number of trees a parcel can support, and “good forestry practices”.

Recommendations
Table 11: Key Challenges/Opportunities and Recommendations for Section 4-12.04 and 12.05 Key Challenges/Opportunities Recommendations
● The criteria for which the Director is supposed to
evaluate tree removal permits is vague.
● Tree removal permits are required for trees that
will not be removed but have driplines that fall
within the boundaries of new construction.
◦ Criteria for granting removal permits does
not account for this scenario.
● There is no standard or methodology for the
Director to evaluate whether the removal or
retention of a tree is appropriate.
● A permit is required if someone wants to
“destroy” a tree, but not required if someone
wishes to prune a tree.
◦ Topping is not prohibited.
● 4-12.04 and 4-12.05 are inconsistent in defining
when a permit is required.
● Heritage trees are being illegally removed and
irreparably pruned.
● 4-12.04 does not have prohibitions on poisoning
trees.
● Revise criteria for which the Director shall
evaluate tree removal permits for both protected
and heritage trees to remove vague terminology
such as “good forestry practices” and to clarify
concerns for pests and disease.
◦ Assign points to the review criteria, giving
more weight to trees designated as heritage
trees.
● Revise title of Sec. 4-12.04 to include trees within
construction zones but are not intended to be
removed.
◦ Develop a permit application that is specific
to trees in construction zones that will not be
removed.
● Require certified/consulting arborist report when
a permit is being requested to remove a tree
based on poor health, pest/pathogen, and/or
when the tree is a heritage tree.
● Continue to set fees for permits and appeals
through the annual Master Fee Schedule.
◦ Continue to allow multiple parties to
contribute to the cost of an appeal.
● Base replacement or in lieu fees on the
replacement value of the tree as assessed by the
Guide for Plant Appraisal (10th Edition or newer).
● Prohibit activities that are inconsistent with ANSI
A300.
● Require a permit for pruning of protected and
heritage trees.
◦ Define pruning.
● Add new construction to the list of prohibited
activities in 4-12.05 that would require a permit.

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Table 12: Other Key Challenges and Opportunities for Urban Forestry Programming with Recommendations for Improvement
Key Challenges/Opportunities Recommendations
● There is no City Arborist to evaluate removal
permits.
● In lieu fees would need to be determined by
someone external from the City to appraise the
value of a tree appropriately and ethically.
● Require certified/consulting arborist report to
accompany removal permit applications when a
request is based on concerns for tree health,
pest/pathogen, and/or when the tree is a
heritage tree.
● Hire an independent contractor to provide
assessments for tree appraisal.

Additional Discussion and Justification
The criteria by which the Director is to evaluate the approval or denial of a removal permit is not clear.

Stakeholders suggest that appeals that have been heard by Parks, Beaches, and Recreation Commission frequently do not appear to be based on any standard assessment of the tree or trees involved. While the criterion for review includes important considerations for making an informed decision on whether a tree should be removed or retained, there is no standardized methodology for evaluating whether a removal is necessary. At the same time, some of the criteria are vague, such as “general health” and “general welfare”.

Section 4-12.04 and Section-12.05 are inconsistent in defining when a permit is required. In 4-12.04, “[n]o person shall… engage in new construction within the dripline of a heritage tree growing on private property or City-owned property, without a permit…”, but construction is not mentioned in 4-

12.05. While generally section 4-12.04 is applied to 4.12.05, this gap could result in future disputes where someone conducting construction within the dripline of a tree, may not apply for a tree removal permit, because it is not specifically called out in 4-12.05.

Anecdotal accounts suggest that heritage trees are frequently being improperly pruned, which inevitably results in the decline of such trees. Section 4-12.04 requires that no person shall “destroy” a tree without a permit. Where “destroy” is defined as any “...substantial trimming which threatens the healthy growth and development of the tree…”. Depending on a tree’s life stage and health, even minor pruning, if done improperly, can result in negative consequences. Furthermore, staff reports that requests for removals for trees that are obstructing views are common. Denial of a permit for such requests may result in improper pruning of the tree or trees (i.e., topping).

Some stakeholders suggested that, in some instances, there is no dispute that a tree should be removed due to concerns over safety, tree health, and inappropriate species and/or placement, yet someone who does not even reside in the immediate vicinity of the tree can appeal the tree removal permit.

A stakeholder expressed concern at the high cost of an appeal ($405), which may limit someone's ability to appeal tree removal permits. While the cost of an appeal may pose a challenge to appeal a tree removal permit alone, multiple parties may contribute to the cost of an appeal, which can reduce the perceived cost burden. The cost to appeal is based on the cost to cover a portion of staff time to process the appeal and therefore should continue to be set by City Council.

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Emergency Response
Sec. 4-12.06. - Emergencies.
(a) In the event the condition of a tree requires immediate action for the safety of life or property, the tree may be removed upon the order of the Director or the Director of the Department of Public Safety or their authorized representatives.
(b) Employees of the City may take such action with regard to trees on City-owned property as may be necessary to maintain safety.
(c) Public utilities subject to the jurisdiction of the Public Utilities Commission of the State may take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities.

Section 4-12.06 outlines the provisions for the City to take emergency action in regard to abate and maintain public safety. The section provides that the Director can order immediate action for removal of heritage trees or trees on City-owned property to maintain safety.

Recommendations
Table 13: Key Challenges/Opportunities and Recommendations for Section 4-12.06 Key Challenges/Opportunities Recommendations
● It is the policy that in some situations, pruning is
determined to be more appropriate than a
removal to address an immediate hazard. This
policy is not explicitly stated in ordinance, which
may lead some to interpret removal as the only
option.
● Not all employees of the City may be qualified to
determine the appropriate actions to address
immediate hazards. Some actions could result in
long-term negative health consequences for
trees, including future hazards or tree death.
● The section does not include emergencies such
as fire.
● Add pruning as an option that should be
considered as an alternative to tree removal to
mitigate immediate safety concerns.
● Define the Director as the authority for
determining actions to address immediate
hazards.
● Include considerations for emergencies, such as
fire.

Additional Discussion and Justification
Not all City employees may be qualified to determine the appropriate actions to address immediate hazards. Some persons may feel like there is an immediate hazard but are not qualified to make that determination. The Director should be able to determine if such emergency actions are reasonable to address a perceived emergency situation.

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Building Permits
Sec. 4-12.08. - Building permits.

If an application for a building permit would require the cutting down, destruction, moving, or removal of a heritage tree or trees, or would involve new construction within the dripline of a heritage tree, the applicant shall be required to obtain a permit under this chapter for the removal or destruction of a heritage tree. As used in this section, "destruction" shall include substantial trimming which threatens the healthy growth and development of the tree.

Section 4-12.08 requires that a removal permit is required in addition to any building permits that require the cutting down, destruction, moving, or removal of heritage tree or trees, or any new construction that occurs within the dripline of a heritage tree.

Recommendations
Table 14: Key Challenges/Opportunities and Recommendations for Section 4-12.08 Key Challenges/Opportunities Recommendations
● The definition of “Destruction” is defined as
“substantial pruning”, which is vague.
● Different requirements than those required in 4-

12.04 and 4-12.05.
● No requirement to disclose whether a heritage
tree exists on the property which is the subject of
the application.
● Staff use aerial imagery to identify if heritage
trees may be present.
● No tree protection plan is required for heritage
trees.
● Clarify what activities are prohibited.
● Require a Tree Protection Plan to be submitted
with application for a permit. Require applicants
to disclose all protected or heritage tree(s) that
exist on the property subject to the application.
◦ Require the property owner or authorized
agent to provide:
▪ The location of all trees on the site and
any trees in the adjacent rights-of-way
and any trees on adjacent properties
that are within 30-feet of the site or
with canopies that overhang the
project site that could be damaged
from moving vehicles and equipment.
▪ Species
▪ Diameter at breast height (DBH)
▪ Condition
▪ Other information (i.e., photographs)
● Require a removal or pruning permit to
accompany any building permit where any of the
prohibited actions identified in Section 4-12.04
and 4-12.05 are to occur.
● Continue to review aerial imagery for heritage
trees.

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Table 15: Other Key Challenges and Opportunities for Ordinance Awareness with Recommendations for Improvement
Key Challenges/Opportunities Recommendations
● Some members of the community may not be
aware of the ordinance to preserve heritage
trees. When architectural plans are drawn up,
some may assume that trees can be removed
only to learn that plans have to be reconsidered
when filing for a permit.
● Educate the community about the tree
preservation ordinance.

Additional Discussion and Justification
An online survey indicated that more than 80% of participants have some awareness of the ordinance to protect heritage trees. Staff and stakeholders suggested that there are some members of the community who may not be aware of these protections and only learn about these protections after they have drawn up architectural plans and intend to remove trees to accommodate these designs.

Currently, City staff review applications via aerial imagery to determine if there may be heritage trees affected. Some aerial imagery may not reflect the current state of a tree, depending on what year the image was taken, a smaller tree may have since grown to reach the status of a heritage tree. In addition, DBH is not something that can be accurately assessed from aerial imagery. By placing the responsibility on the applicant to determine whether heritage trees are located on a property, there would be an increased awareness of these trees. With less reliance on aerial photographs to identify protected trees, even more trees may be protected. Because applicants will have to account for all trees on the site and any trees in the adjacent rights-of-way, adjacent properties that are within 30-feet of the site, or with canopies that overhang the project site that could be damaged from moving vehicles and equipment fewer trees may be affected by construction activities.

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Permits and Appeals
Sec. 4-12.09. - Notices of actions on permits and appeals. (a) The Director shall give public notice of the application and his or her proposed decision by:
(1) Posting a notice on the tree or on one of the trees so as to be visible from the street. If the notice is not visible when posted on the tree or trees, it may be posted in another visible location on the property;
(2) Delivering a notice in person or by first-class mail to a person who has made a written request to the Director; and
(3) Delivering a notice in person or by first-class mail to adjacent and abutting property owners to the tree or trees involved.
(b) Within seven (7) days, the proposed decision may be appealed to the Parks, Beaches, and Recreation Commission by filing a written notice of appeal with the Director. No person may trim, cut down, destroy, remove or move a heritage tree for which a permit appeal is pending. (c) The Parks, Beaches, and Recreation Commission shall fix the time and place for the hearing of the appeal and shall cause a written notice of the hearing to be mailed to the appellant and the persons mentioned in subsection (a) of this section at least five (5) days before the hearing. The Parks, Beaches, and Recreation Commission may approve, disapprove or modify the decision of the Director, including any conditions he or she may have imposed. (d) The decision of the Parks, Beaches, and Recreation Commission may be appealed to the Council by filing a notice of appeal with the City Clerk within seven (7) days of the date of the decision of the Parks, Beaches, and Recreation Commission. Appeals shall be heard and determined according to the procedures set forth in Chapter 4 of Title 1 of this Code. The Council may approve, disapprove, or modify the decision of the Parks, Beaches and Recreation Commission, including any condition it may have imposed.

Currently, the public notification process for heritage tree permits requires posting a notice on the tree or somewhere else visible near the tree, mailing notices to adjacent and abutting property owners, and allowing a minimum of seven (7) days for filing a written notice to appeal. The Parks, Beaches, and Recreation Commission will schedule an appeal hearing and provide notice at least five (5) days before the hearing. The decision of the Parks, Beaches, and Recreation Commission can be appealed within seven (7) days of the initial appeals hearing to the City Council.

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Recommendations
Table 16: Key Challenges/Opportunities and Recommendations for Section 4-12.09 Key Challenges/Opportunities Recommendations
● The period to appeal is seven (7) days, which is
inconsistent with other periods for appeals.
● Only property owners directly adjacent to
proposed removals are notified of proposed
removals.
● Lack of awareness of permit requirements.
● Extend appeals period to ten (10) days., which is
consistent with other appeals periods.
● Post proposed removals on the City website and
allow interested persons to sign up for email
notifications for pending removal permits.
◦ Include information on pending appeals and
hearings information.
● Standardize the criterion for evaluating tree
removal permit applications.
● Require appellants to provide necessary
documentation to justify the reason for the
appeal.
◦ Consider revising the rights of appellants.

Table 17: Other Key Challenges and Opportunities for Parks, Beaches, and Recreation Commission with Recommendations for Improvement
Key Challenges/Opportunities Recommendations
● Training and/or education of the powers of the
Parks, Beaches, and Recreation Commission, the
expectations for individual Commissioners, and
applicable laws that govern the Commission may
be insufficient.
● Parks, Beaches, and Recreation Commission do
not always receive photographs of trees that are
subject to appeals and/or the reason for the
appeal or the original permit application.
● Provide additional training and/or education on
the powers of the Parks, Beaches, and Recreation
Commission, the expectations for individual
Commissioners, and applicable laws that govern
the Commission.
● Standardize the materials provided to the
Commission for appeal hearings.

Additional Discussion and Justification
The notification process as outlined in Section 4-12.08 only requires that persons adjacent to the tree subject to removal to be notified and have an opportunity for appeal. While properties directly adjacent to heritage trees would be most impacted by a removal, as these properties receive the most direct benefits from the heritage tree, the preservation of individual trees is also critical to sustaining and expanding canopy cover and the benefits that are provided to the greater community. Because of the implications to overall canopy cover, a notification process that allows for greater community involvement and transparency, ensures that the decision to remove these trees is a collective decision.

To reach a greater portion of the community, several communities list tree removals, including Palo

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Alto and Mountain View, and their associated addresses on the City website. For example, the City of Sacramento lists permit requests which include pictures of trees, the address, the number of trees affected, and the reason for the removal on a Tree Removal Notification Page.

Per Section 4-12.03, the definition of heritage tree does not exclude any species. Some stakeholders expressed support for all species being eligible for heritage tree designation, while others had concerns about including eucalyptus species due to concerns about fire, invasiveness, or a species with a history of conflicting with hardscape. In benchmark communities, the Town of Los Gatos excludes fruit or nut trees less than 19-inches in diameter, any tree in conflict with the implementation and maintenance of Defensible Space, and the following species from tree removal permits:
● Black acacia (Acacia melanoxylon)
● Tulip tree (Liriodendron tulipifera)
● Tree of Heaven (Ailanthus altissima)
● Blue gum eucalyptus (E. globulus)
● Red gum eucalyptus (E. camdulensis)
● Other eucalyptus (specific areas only)
● Palm (except Phoenix canariensis)
● Privet (Ligustrum ludium)
Some stakeholders related concerns from community members that the current public notification process lacks transparency and does not provide an adequate opportunity for community-wide comment, as notifications are only mailed to adjacent and abutting property owners.

Another challenge is that the powers of the Parks, Beaches, and Recreation Commission and the responsibilities and rules for commissioners may not be clear. Some stakeholders indicated a desire for an extended period prior to an appeal hearing to allow time for commissioners’ the ability to further investigate or visit any trees that are under appeal. This request suggests that commissioners may require additional training and/or education on the expectations for commissioners and applicable laws that require commissioners to make decisions based on information in the full public record.

Some stakeholders reported that photos of trees subject to appeals are not always provided for commissioners’ consideration or other support materials including the original permit application or reasons from the appellant.

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Fees and Penalties
Sec. 4-12.10. - Permits: Fees.

The fees for the permits required by this chapter shall be those adopted by the Council in its Administrative Policy No. 2.

Currently, per Administrative Policy No. 2, the Heritage Tree Permit Fee is set at $226 per hour and the Heritage Tree Permit Appeal Fee is set at $405.

Sec. 4-12.11. - Violations: Penalties.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor which shall be punishable by a fine of the replacement value of each tree, as determined by the Guide for Plant Appraisal (10th edition or newer) not more than One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the county jail for a period not exceeding six (6) months, or both. Any person violating any provision of this chapter may also be subject to administrative civil penalties as provided in this Code.

Per the current ordinance, violators will be fined no more than $1,000, imprisonment (not exceeding six month), and civil penalties.

Recommendations
Table 18: Key Challenges/Opportunities and Recommendations for Section 4-12.10 and 12.11 Key Challenges/Opportunities Recommendations
● A penalty of $1,000 is not a significant deterrent,
for someone who is intent on removing a tree.
● Per state law, fines are limited to a maximum of
$1,000.
● A fine of $1,000 does not adequately
compensate for the loss in benefits provided by
mature trees.
● There is a perception that tree care providers are
willfully participating in illegal removals.
● Business licensure requirements do not consider
whether tree care providers have the necessary
qualifications to perform tree work in Pacifica to
assure tree health and public safety.
● Fees may not adequately cover staff time.
● Add a section to include civil enforcement
remedies and penalties for violation of the
chapter.
◦ Damages should be applied to a tree
mitigation fund and used towards planting,
maintenance, and preservation of the urban
forest.
◦ Continue to explore legally viable
alternatives to deterring illegal removals.
● Consider requiring a special business license for
tree contractors to operate within the City.
◦ Require acknowledgement of tree protection
and preservation regulations.
● Continue to set permit fees through Council
Resolution.
◦ Set permit fees based on the cost of staff
time to process, review, and manage
applications.
◦ Waive permit fees for instances where a tree
is unsuitable for preservation (i.e.,

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Key Challenges/Opportunities Recommendations
dead/dying tree or where risk cannot be
mitigated) as determined by an arborist
report.

Additional Discussion and Justification
Compared to the benchmark communities, Pacifica’s fees fall in the middle (Table 4). Generally, fees should be set to consider overhead costs. For some communities, fees for removal permits are set higher in hopes that the fee will deter requests for removal for otherwise healthy trees. A sentiment that was shared by some stakeholders. Other communities see value in having a lower fee, to encourage participation in the application and review process. Regardless, fees should continue to be set annually by City Council Resolution and published within the Master Fee Schedule.

Several stakeholders expressed frustration towards the penalty for illegally removing heritage trees, which is a maximum of a $1,000. Stakeholder felt that in many instances, a penalty of $1,000 is not a significant deterrent and for a mature tree, a penalty of $1,000 does not cover the loss of benefits provided by a tree. The City is limited to a maximum of a $1,000 penalty for violations of Municipal Code, because Pacifica is a general law city. General law cities follow the general laws of the state.

Unlike charter cities, like Palo Alto, Roseville, and Monterey where there is greater local control over regulations, including penalties, which allow for those communities to set penalties for violations of code, like illegally removing trees, at much higher levels. Although the City is limited in its ability to assess higher penalties, the City may be able to pursue damages for the loss of protected trees in the community in ways besides penalties and fines.

Table 19: Benchmark Communities Permit and Appeals Fees City/Town
Palo AltoLos GatosRosevilleMountain ViewPacific GroveMorro BayMontereyHalf Moon Bay Permit Fee $397.00/tre
e
$250+$12
5/each
additional
tree (50%
refund if
denied)
$100 $526
$94
(application)+$
64+$29/additio
nal tree
$313 $134.5
0 $301 (up
to 5 trees)
or
$520
(more than
5 trees)
Appeals
Fee $280/each $90 Not Stated
$500-
$1,000
25% of base
permit fee or
$1,069
whichever is
greater
Not
Stated $191
$237+$3,3
76 (processin
g fee)
Among the eight benchmark communities, most have some form of penalty for noncompliance with the ordinance (i.e., illegal removal of trees). In Palo Alto, “where the violation has resulted in removal

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of a tree, the civil penalty shall be in an amount not to exceed five thousand dollars per tree unlawfully removed, or the replacement value of each such tree, whichever amount is higher.” Whereas, Half Moon Bay has a tiered system, where the first heritage tree removed from private property without a permit is a fine of one-thousand dollars, the second heritage tree is a fine of two-thousand dollars, and any additional trees beyond the first two trees is a three thousand dollar fine. Comparatively, Palo Alto’s penalty structure allows for greater deterrence for illegally removing heritage trees but provides greater opportunity for offsetting the loss in benefits provided by a tree that was removed, by using those reparations to fund tree planting and maintenance of trees in the community. However, assessing the value of a tree requires the appraisal of a tree to be performed by a qualified arborist.

Table 20: Summary of Benchmark Community Mitigation Measures and Penalties City/Town
Palo AltoLos GatosRosevilleMountain ViewPacific GroveMorro BayMontereyHalf Moon Bay Mitigation Measures No Yes No Yes No No No No
Criminal Penalties Yes No Yes Yes No Yes No Yes
Civil Penalties Yes Yes Yes Yes No No Yes Yes
Stakeholders and staff confirmed that enforcement of the existing ordinance is a challenge. Anecdotal accounts cite that some violators have been asked to pay for the tree removal permit retroactively, after a tree has already been removed or damaged beyond repair. In the City of Mountain View, there is a section which permits post-removal permits, where “any person who removes a heritage tree without a permit issued...shall secure from the City a post-removal permit… [i]n granting a postremoval permit, the decision-maker may require the replanting of a tree, including a tree of heritage size, in the exact location where the illegal removal occurred.” The benefit of a post-removal or retroactive permit is that it can enforce the replanting of illegally removed trees. But these measures may not provide enough deterrence for individuals. In fact, there is opportunity for individuals to bypass the application process, avoid scrutiny of the requested removal, and chance getting caught all together.

There is a perception that tree care companies willfully violate Chapter 12 and participate in illegal removals. Some stakeholders believe that private tree care companies operating within Pacifica may not even hold business licenses. However, per Chapter 1, Article 1, section 3-1.103 of Pacifica’s Code of Ordinances, these businesses should already have licenses to operate within the community. Some communities have resolved this issue through a special licensure program. For example, the City of Boulder, CO added Chapter 28 - Tree Contractor License in 2011, “to protect the health, safety and welfare by licensing persons who cut, prune or remove trees in the City… provid[ing] when property owners hire a person engaging in the business of cutting, pruning, removing or applying pesticides to any trees, that person should have adequate qualifications to perform the work.” Additionally, the ordinance prohibits those without a license from conducting tree care activities for “commercial gain or profit without employing a person to supervise such work who is a licensee” and allows for anyone operating with a tree contractor license who does not abide by the chapter can have their license revoked. Cutting, pruning, removing, and applying pesticides to trees, if improperly done, can have

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life-long (or life ending) consequences for a tree. Additionally, removing trees improperly poses concerns for public safety. The benefit of requiring a tree contractor license, is that there is an opportunity to ensure that a company understands local tree ordinances and is qualified to perform tree work to industry standards. To create greater accountability on the part of tree care providers, a special business license for tree care companies should be explored.

Mitigation Measures
Because trees take a long time to reach maturity, ideally trees would be protected from removal and preserved wherever possible. Yet sometimes the removal of trees is warranted. In these instances, efforts should be made to mitigate the loss of the tree and the benefits lost as a result of the removal.

Currently, Pacifica may require mitigation measures, but does not explicitly require any mitigation measures that can be included as a condition of approval of removal permits. The Director per Section

4.12.05 may require trees to offset the loss of a heritage tree, but there is no formal process for evaluating the most appropriate mitigation measures.

Recommendations
Table 21: Key Challenges/Opportunities and Recommendations for Mitigation Measures Key Challenges/Opportunities Recommendations
● No mitigation measures are currently required.
● Mitigation measures are discretionary.
◦ Not all replacement trees that are required as
a condition of approval are inspected for
proper planting or to confirm that trees
survive.
● Mitigation measures do not always adequately
replace the loss of canopy from mature trees.
● In lieu fees can fund tree planting, maintenance,
or the purchase of property for the purpose of
preserving existing trees as an alternative to
replacing trees on-site.
● Change the use of “may” in PMC 4-12.05(e) to
“shall” to ensure mitigation measures are
applied.
● Use a ratio of for every one tree removed two
trees must be planted in its place.
◦ Allow in lieu fees in instances where there is
not sufficient space for replacement trees or
where property owners do want to replace
the tree.
▪ Base fee on value as determined by the
Guide for Plant Appraisal (10th Edition
or newer).
● Require that mitigation trees be preserved and
require additional replacement trees if a tree dies
or irreversibly declines.
● Create a tree fund and specify its appropriate
uses.

Additional Discussion and Justification
For some communities, replacement is the primary avenue for mitigating the loss of a tree. For large trees, a one-to-one replacement ratio does not adequately make up for the loss of the tree. Staff report that approximately 50% of heritage trees that are removed are replaced with at least one tree.

In the City of Palo Alto, the replacement standard is determined by the canopy of the tree that was removed. For example, a tree that was removed with a canopy of four to nine feet across, the

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replacement trees must be the same species (unless determined otherwise by the director) with two 24-inch box trees or one 36-inch box tree. Alternatively, a tree that is removed with a 60-foot canopy spread must be replaced with a combination of both tree canopy and fees based on the value of the tree.

Other benchmark communities have alternative strategies for mitigation through replacement (Table 6). In the City of Mountain View, the replacement standards are not included in the ordinance and “shall be determined by the director upon recommendation of the City Arborist”. In the cities of Pacific Grove, Morro Bay, Monterey, and Half Moon Bay there is a requirement for a replacement of one to one. In the City of Monterey, “[a]pplications approved by the Community Development Department or by the Appeals Hearing Board upon appeal or referral from the City Forester, or as part of concurrent development application, shall be subject to conditions that require up to three replacement trees for each removal…”. In the City of Pacific Grove, “the City Arborist or designee shall inspect replacement trees during the first two years after planting to monitor survivability and growth… and [d]ead trees or trees in an irreversible decline shall be replaced… [a] new species and replacement planting location may be agreed to at that time.” In Morro Bay, if a person fails to plant a replacement tree or fails to comply with the requirements of the planning commission, the director of public services may perform such tasks as are required, and the cost thereof shall be assessed to such person.

Table 22: Summary of Benchmark Communities Replacement Requirements and In Lieu Fees City/Town
Palo AltoLos GatosRosevilleMountain ViewPacific GroveMorro BayMontereyHalf Moon Bay Tree Replacement Requirement Yes Yes Yes Yes Yes Yes Yes Yes Permits In Lieu Fees Yes Yes Yes Yes Yes No Yes Yes
In-lieu fees are permitted in seven out of eight of the benchmark communities in instances where a replacement tree cannot be planted on site. In-lieu fees are determined in these communities either by a value determined by Council Resolution, the director, or based on the value of the tree. These in lieu fees can be deposited into a dedicated account or “Tree Fund'' that is dedicated for the use of tree planting and maintenance and/or the acquisition of forested lands through direct purchase of conservation easements.

Because Pacifica’s ordinance does not explicitly require mitigation measures, presumably there is no replacement of trees that are being removed, either legally or illegally, which is resulting in losses in canopy and benefits. While, adopting a one-to-one replacement policy is easy to remember and apply, as previously noted, it generally does not remediate the loss in canopy from the removal of a large mature tree. Alternatively, the challenge with Mountain View’s policy is that the replacement measures are based on the judgment of the City Arborist, which introduces subjectivity into the determination of mitigation measures.

Stakeholders suggested plant-back deposits as an alternative to in lieu fees. Plant-back deposits are required at the time of application for removal permits. Applicants are refunded the deposited amount if a specified number of trees are planted to replace the removed tree. Stakeholders suggested that this measure would require less oversight than other measures. The advantage of plant-back deposits

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is that if a property owner replaces the tree that is proposed for removal, they have an opportunity to get their deposit back and if a property owner does not replace the tree, the City will have already collected funds to plant a tree elsewhere in the community. However, the plant-back deposit presents several challenges, including:
● Deposit may only fund the planting of one tree, where to sufficiently replace large mature trees would require the planting of multiple trees.
● Property owners may not select the best landscape stock available and/or not plant the replacement tree(s) properly, which can result in poor outcomes. ● Property owners could recover the deposit and thereafter allow the trees to die.

All reasons for which a plant-back deposit is not recommended.

Plant-back deposits are not recommended.

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Packet Pg. 247 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 37 Chapter 14–Maintenance and Preservation of City Trees Chapter 14–Maintenance and Preservation
of City Trees
The community recognizes that City trees are a valued resource, a vital component of the urban infrastructure, and part of the City’s identity. Yet, currently, there are no protections for City trees that do not meet the definition of heritage tree. As a result, residents can remove trees without obtaining permission or seeking feedback from the greater community.

General Chapter Recommendations
Table 23: Key Challenges/Opportunities and Recommendations for Chapter 14 Key Challenges/Opportunities Recommendations
● City trees that do not meet the definition of
heritage tree are not protected, thereby there are
no consequences for persons if they were to
remove or irreparably prune City trees that do
not meet that definition.
● Change chapter title.
● Protect all City trees by prohibiting harm,
including, but not limited to: injuring the bark;
carving; attaching any signs or injurious material
to any street tree; allow deleterious substances
harmful to trees to come in contact with the
roots, leaves, barks, or any part of any tree; or
construct concreate, asphalt or brick paving, or
fill up the ground area so that air is shut off from
air, light, or water from its roots.
● Protect and maintain all City trees, by prohibiting
persons from removing or pruning all City trees
without first obtaining a permit.

Additional Discussion and Justification
While staff report that 80 to 90% of City trees meet the current definition, the City should also protect younger trees and provide the opportunity for those trees to reach maturity. As older, failing trees are removed and replaced, this will become more critical.

Scope and Intent
Sec. 4-14.01. - City tree maintenance and preservation—Scope and intent.

It is the intent and policy of the City of Pacifica to protect and maintain the unique and characteristic arboreal landscape of the City by employing and using healthy urban forest management practices with respect to the selection and maintenance of City trees. To accomplish this, the City may, as specified in this chapter, prepare, adopt and use written guidelines and policies for healthy urban forest management, and may amend such policies from time to time as necessary. With or without such guidelines, however, the City's urban forest management operations shall be consistent with the following:

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Packet Pg. 248 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Chapter 14–Maintenance and Preservation of City Trees 38 (a) Urban forest management should be conducted with the control or supervision of- or consultation with- persons who have professional credentials or other expertise to qualify as urban foresters or arborists;
(b) A plan for methodical, periodic inspection, care, and maintenance of City trees should be used.

Such processes should include a means of prioritizing inspection, monitoring and maintenance frequency based upon the recommendations of the Director of Public Works or his or her designee; (c) Staff should provide for the ability to review and respond to emergency tree maintenance requests related to the maintenance of City trees;
(d) Staff should seek to select, situate and maintain City trees in such a manner as to seek to minimize hazards, hardscape damage and maintenance costs, while protecting and encouraging healthy urban forestry;
(e) Practical field procedures and measuring guidelines should be used to determine whether any tree will be maintained by the City as a City tree.

The scope and intent of Chapter 14, provides a thorough explanation of the purpose of the chapter and provides the ability for the City to “...prepare, adopt and use written guidelines and policies for healthy urban forest management, and may amend such policies from time to time as necessary...”.

Recommendations
Table 24: Key Challenges/Opportunities and Recommendations for Section 4-14.01 Key Challenges/Opportunities Recommendations
● Professional credential does not include an ISA
certification.
● Sec. 4-14.01 subsection b and c, lack clarity and
do not specify that such action must happen.
● Require ISA certification as part of the
professional credential.
● Revise language to clarify requirements.

Additional Discussion and Justification
Section 4-14.01 subsection (a) does not provide any specific professional credentials that would qualify a person as an urban forester or arborist.

City Tree Maintenance and Preservation
Sec. 4-14.02. - City tree maintenance and preservation—Policy and procedures.

The preservation and maintenance of City trees shall be managed and conducted by the Department of Public Works. The Director of the Department of Public Works, or his/her designee (hereinafter, the "Director"), shall have the authority to adopt written policies and procedures for proper urban forest management consistent with the guidelines set forth in Section 4-14.01 of this chapter. Such written measures may be amended, appended, modified or revoked from time to time, in writing, by the Director or his/her designee, who shall, within five (5) working days of signing and adopting such measures, make such measures available to the public by depositing a copy of same with the office of the City Clerk.

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Packet Pg. 249 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 39 Chapter 14–Maintenance and Preservation of City Trees Section 4-14.02 defines the policies and procedures as it pertains to “City trees”, including designating the Director of Public Works as having the authority over such trees.

Recommendations
Table 25: Key Challenges/Opportunities and Recommendations for Section 4-14.02 Key Challenges/Opportunities Recommendations
● Responsibilities of the City are not defined.
● Responsibilities of the Director are not defined.
● Responsibilities of adjacent property owners are
not defined.
● Rename the section.
● Define the City’s responsibilities for the care and
maintenance of City trees.
● Define the responsibilities of adjacent property
owners.
● Define the responsibilities of the Director.
● Add and define all prohibited actions, including
topping, poisoning, etc.
● Establish a risk tolerance level.
● Tree risk determinations and recommendations
for removal should be completed by a City
Arborist or an independent contractor that does
not benefit from the removal.
● Consider alternative mitigation measures to
removal where possible.

Additional Discussion and Justification
Compared to the benchmark communities, Pacifica lacks specific mention of the duties and responsibilities of the Director, including the planting, maintenance, and removal of City trees, with the exception of Half Moon Bay, where maintenance and repairs are the responsibility of the adjacent property owner. The City of Mountain View has a separate section, which designates the “owners of private property shall be responsible for watering street trees … in streets, parkways or other public places abutting such private property…”
Because the current ordinance does not define the responsibilities of the Director and the adjacent property owner, expectations and responsibilities are not clear to the public in terms of the care and maintenance of City trees. Additionally, some duties might be assumed to be the responsibility of the adjacent property owner, which can result in improper or excessive pruning of City trees, including “topping”. Topping is an especially harmful pruning practice, as it involves cutting back large-diameter branches or truncating the main stem, which can make a tree unsafe as well as more vulnerable to pests and pathogens. The growth response typical of a topped tree results in poor branch attachments that present a hazard to public safety.

Definitions of Terminology
Chapter 14 currently does not have any section with definitions for terminology used within the chapter, although “Director” and “City tree” are defined within some of the consecutive sections.

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Packet Pg. 250 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Chapter 14–Maintenance and Preservation of City Trees 40 Recommendations
Table 26: Key Challenges/Opportunities and Recommendations for Definitions of Terminology Key Challenges/Opportunities Recommendations
● No section with definitions for terminology used
within the chapter currently exists.
● Add a section with definitions.
◦ Define Director
◦ Define prohibited acts
◦ Define other terms as needed
Additional Discussion and Justification
The addition of a “Definitions” section would provide greater clarity and improve readability and understanding of the entirety of the chapter. All of the benchmark communities, excluding Monterey, have a definition section to accompany the chapters that relate to City trees. Providing the definition of “City Tree” early in the chapter would improve the readers’ understanding of what constitutes a City tree and how the ordinance is applied to such trees.

City Tree Maintenance and Preservation Policies/Procedures Sec. 4-14.03. - Absence of alternative written City tree maintenance and preservation policies and procedures.
(a) Unless and until such written procedures as set forth in Section 4-14.02 of this chapter are adopted in the manner described in this chapter, the Department of Public Works shall operate in a manner consistent with the goals set forth in Section 4-14.01 "City tree maintenance and preservation— Scope and intent," and shall use the following interim best field practices and procedures when administering the City tree maintenance and preservation program:
(1) Notwithstanding any other provision of the Code, and for purposes of this chapter only, "City trees" are those trees which:
(i) are located on City-owned property, or on property on which the City has an easement or other property interest;
(ii) are not located in areas otherwise prescribed by law, contract, conditions of approval, or similar requirement or obligation to be the responsibility of adjacent property owners, leaseholders, or other public agencies or their respective tenants; and (iii) meet at least one of the criteria set forth in subsections (a)(2)(i) through (iv) of this section.
(2) Absent new or amended procedures resulting from the adoption of tree maintenance and preservation policies and procedures as set forth in Section 4-14.02 of this chapter, the field method to be employed by the Director or his/her designees for determining whether a tree is a City tree for maintenance purposes will be as follows:
(i) Sidewalk: Four (4) feet. When a sidewalk abuts private property, and there is no delineated planting strip as described in this chapter, the field measurement shall be four (4) feet, starting from the edge of the sidewalk closest to the abutting property, measured in a straight perpendicular line towards the property or residence, up to the

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Packet Pg. 251 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 41 Chapter 14–Maintenance and Preservation of City Trees center of the trunk of any existing tree. Any tree with a center which is located within the four (4) foot measurement shall be deemed a City tree for maintenance purposes; (ii) Planting strip or greenbelt: No measurement. Occasionally, trees are located in planting strips which run between the street and the sidewalk. When a planting strip or greenbelt area exists between a public street and a sidewalk abutting a private property or residence, no measurement shall be taken. Trees located in this planting strip are designated as City trees for maintenance purposes, and trees located between the strip and the abutting property or residence are not City trees; (iii) No sidewalk (curb only): Four (4) feet. When there is only a curb abutting private property, but no sidewalk, and no delineated planting strip, the field measurement shall be four (4) feet, starting from the edge of the curb closest to the abutting property, measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4) foot measurement shall be deemed a City tree for maintenance purposes; (iv) No sidewalk or curb: Four (4) feet from street. When there is no sidewalk, and no curb, and no delineated planting strip, the field measurement shall be four (4) feet, starting from the edge of the asphalt of the City Street (notwithstanding any additional subsequent asphalt, paving or hardscaping installed), measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4) foot measurement shall be deemed a City tree for maintenance purposes. (3) The designation of any tree as a City tree means only that the City will include such tree in its maintenance and evaluation schedule—it does not create any additional rights, responsibilities, liabilities or presumptions on the part of the City. Moreover, the inclusion of any City tree in the "maintenance and evaluation schedule," as described in this chapter, means simply that the Director or his designee shall decide when, if, and how such a tree will be maintained in such a manner as to be consistent with intent and scope of this chapter as set forth in Section 4-14.01 (a) through (e) of this chapter. This may include, as determined by the Director or his/her designee, such maintenance program decisions as: the health or viability of a City tree; the maintenance schedule—if any—for a designated tree; whether and how a tree should be pruned or trimmed, and when; whether and how a tree should be removed, replanted or relocated; or, any other matter related to the care, placement, pruning, removal, relocation of any City tree.

Section 4-14.03 is subtitled “Absence of alternative written City tree maintenance and preservation policies and procedures”, but primarily defines what constitutes a “City Tree” and if and how a “City Tree” will be maintained.

Recommendations
Table 27: Key Challenges/Opportunities and Recommendations for Section 4-14.03 Key Challenges/Opportunities Recommendations
● Section title does not reflect content. ● Change section title.

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Packet Pg. 252 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Chapter 14–Maintenance and Preservation of City Trees 42 Key Challenges/Opportunities Recommendations
● Trees may be in the rights-of-way, but the
current parameters that define a “City tree” do
not include many of these trees and therefore
the City does not maintain them, but the trees
are technically on public property.
● Section has a lot of information that is not
appropriate for an ordinance and should be
included in the Framework for Street Tree
Maintenance and Tree Removal.
● Explore alternative methodologies for defining
the City’s rights-of-way to easily identify, City
trees planted within the rights-of-way.
● Replace section with “Framework for Street Tree
Maintenance and Removal”.

Additional Discussion and Justification
Staff noted that the parameters set forth are used to determine if trees are City trees. While the rightsof-way is generally accepted to be 40 feet from the center of the roadway, in many instances this does not represent the as-built reality in the older parts of town. In these instances, staff rely on the rule of four feet from the edge of asphalt to identify City trees. The use of four feet in Section 4-14.03, 2 i, iii, and iv often does not account for trees that are beyond four feet but are still technically in the rightsof-way.

Tree Planting
Currently, there is no requirement for residents to request permission for planting trees in the public rights-of-way. Historically, there have been trees planted by both the City and residents that have resulted in trees being planted in the rights-of-way that are poorly suited for the local climate or the individual sites.

Recommendations
Table 28: Key Challenges/Opportunities and Recommendations for Tree Planting Key Challenges/Opportunities Recommendations
● With no requirement for residents to seek
permission for planting trees in the rights-ofway, there is potential for inappropriate species to be planted in poor locations.
● Require residents to submit a tree planting
application to obtain permission from the
Director for the planting of trees in the rights-ofway.

Additional Discussion and Justification
The practice of installing the optimal species for a particular planting site is known as the “Right Tree, Right Place”. This philosophy considers the mature stature of a particular species and the effects of tree growth on existing and planned utilities, existing landscape, and other infrastructure. Factors to consider include, planter size, soil characteristics, water needs, as well as the intended role and characteristics of the species. By considering the long-term consequences of planting a particular tree in a particular place, conflicts and premature removal of trees can be avoided.

To reinforce planting the right tree in the right place, the use of tree planting permits will provide an opportunity for residents to communicate a desire for trees and also give the City an opportunity to review such requests and provide direction for appropriate species and placement.

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Packet Pg. 253 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 43 Ordinance No. 636-C.S. and No. 673 C.S.

Ordinance No. 636-C.S. and No. 673 C.S.

An Urgency Ordinance of the City of Pacifica Pursuant to Government Code Section 36937(b) Imposing Prohibition of Logging Operations within the City of Pacifica The City Council of the City of Pacifica does hereby ordain as follows:

Section 1. The City Council has directed the City Manager to develop a comprehensive approach to regulating logging operations in the City of Pacifica. Logging operations are hereby defined as any removal, destruction or harvesting of twenty (20) or more trees within one (1) year from any parcel or contiguous parcels in the same ownership within the City of Pacifica. Tree is hereby defined as any tree six (6) inches across the diameter as measured twelve (12) inches from the ground.

Section 2. The City manager is currently studying tree harvesting and tree removal regulations in order to develop a comprehensive regulatory program to address logging operations in the City of Pacifica.

Section 3. Adoption of ordinances or resolutions regulating logging operations is necessary in order to preserve valuable resources which could be jeopardized by the indiscriminate removal or destruction of trees and tree communities in the city of Pacifica.

Section 4. Allowing logging operations to be conducted in the City of Pacifica prior to completion of this process would conflict with the purposes of these regulations. The city Council finds that there is a current and immediate threat to the public health, safety or welfare as there has been evidence submitted to the City which indicates that logging operations will be undertaken which if left unregulated could have the potential for creating the following negative consequences:
(a) Change in soil conditions, resulting in modified biological activity and erosion of soils; (b) Creation of increased susceptibility of flood hazards; (c) Increased risk of landslides;
(d) Increased cost of construction and maintenance of drainage system through increased flow and diversion of surface waters.

Section 5. There is hereby adopted a prohibition of logging operations as herein above defined within the City of Pacifica.

Section 6. This ordinance is hereby declared to be an urgency measure pursuant to Government Code Section 36937 (b) and shall take effect immediately after its adoption.

Section 7. This ordinance shall be published once in the Pacifica Tribune, a newspaper of general circulation published in the City of Pacifica within fifteen (15) days after its passage and shall become effective immediately upon its adoption.

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Packet Pg. 254 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Ordinance No. 636-C.S. and No. 673 C.S. 44
Ordinance No. 673-CS
An Ordinance of the City Council of the City of Pacifica Amending Ordinance No. 636-C.S.

The City Council of the City of Pacifica does hereby ordain as follows:

Section 1. Ordinance No. 636-C.S. is hereby amended by adding Section 5(a) to read as follows:
(a) Said operations are in conjunction with a city permit(s) requiring Planning Commission and/or City Council approval, at which time said operations shall be evaluated and approved or denied at a duly noticed public hearing by the Commission and/or Council, concurrently with the other permit(s);
(b) Said operations are necessary immediately for the safety of life or property, as determined by the Director of Public Works or his/her designee;
(c) Said operations occur on City-owned property and are necessary immediately to maintain public health and safety;
Section 2. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause a summary of this ordinance to be published in the Pacific Tribute, a newspaper of general circulation, published and circulated in the City of Pacifica, and shall post a certified copy of the full text of this ordinance in the office of the city clerk, together with the names of those who voted for or against it.

Section 3. This Ordinance shall be effective thirty (30) days following the date of its adoption.

Originally adopted in 1995, Ordinance No. 636-C.S. bans all logging operations as defined as “any removal, destruction or harvesting of twenty (20) or more trees within one (1) year from any parcel or contiguous parcels in the same ownership within the City of Pacifica”. The purpose of No. 636-C.S. is stated to be “necessary in order to preserve valuable resources which could be jeopardized by the indiscriminate removal or destruction of trees and tree communities”. Later in 1999, Ordinance No. 673-C.S. was adopted to amend Ordinance No. 636-C.S. to allow for “logging operations'' if “...operations are in conjunction with a City permit…[or]... are necessary immediately for the safety of life or property… [or]...operations occur on City-owned property and are necessary immediately to maintain public health and safety”. The purpose of the amendment of Ordinance No. 636-C.S. with the adoption of No. 673-C.S. is not stated.

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Packet Pg. 255 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 45 Ordinance No. 636-C.S. and No. 673 C.S.

General Recommendations
Table 29: Key Challenges/Opportunities and Recommendations for Ordinance No. 636 C.S. and No. 673 C.S.

Key Challenges/Opportunities Recommendations
● Purpose of Ordinance No. 673-C.S. is not
explicitly stated.
● Ordinance No. 636-C.S. and No. 673-C.S. are
listed in municipal code but cannot actually be
read.
● Ordinances provide protections for very small,
groves of trees that are otherwise not protected
through Chapter 12.
● Repeal both Ordinance No. 636-C.S. and No.
673-C.S..
◦ Add important protections for very small,
groves of trees, which are currently protected
through the “logging ordinance” to Chapter

12. ● If ordinances are to remain, the ordinances
should be accessible like the rest of municipal
code.

Additional Discussion and Justification
Ordinance No. 636-C.S. and No. 673-C.S. are both listed in Table 2 of the appendix of municipal code, which per Section 1-1.07 is for ordinance “...relating to matters of a special or temporary nature...” and are not codified by are to remain in effect. Although both ordinances are listed in the table, there is no way to read the ordinances online like the rest of the Municipal Code.

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Packet Pg. 256 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Ordinance No. 636-C.S. and No. 673 C.S. 46
The “Logging Ordinance” defines logging operations as “any removal, destruction or harvesting of twenty or more trees within one year from any parcel or contiguous parcels in the same ownership within the City of Pacifica.

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Packet Pg. 257 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 47 Other Stakeholder Concerns Not Related to Ordinance Revisions Other Stakeholder Concerns Not Related
to Ordinance Revisions
Some stakeholders had concerns about the Pacifica’s trees or urban forestry program but were not or cannot be addressed or are not recommended. The following summarizes these other concerns:

Tree City Pacifica recommends that the City adopt a canopy cover goal of 30%. In recognition of the benefits of trees and tree canopy, many communities are setting canopy cover goals. According to the United States Forest Service Urban Tree Canopy in California Tool, Pacifica has a canopy cover of 19.5% (2018). Canopy goals can be beneficial for recognizing the importance of preserving and enhancing tree canopy. Setting a canopy goal should be based on a comprehensive land cover analysis that considers both existing land cover (tree canopy, impervious surfaces, pervious surfaces, and open water) and available planting space, as well as community support for a specific level of canopy. While some communities have codified canopy goals, DRG recommends that this goal should be stated in an Urban Forest Master Plan or other long-term planning document2.

Overall, stakeholders were concerned about the lack of awareness of the ordinances. Suggestions to address this issue included having an FAQ on the Public Works webpage regarding the heritage trees and City trees.

The City does not currently have a Certified Arborist on staff. Without an arborist on staff, there may be a lack of oversight over contracted maintenance services. Because permit applications require review from the Director, having a Certified Arborist on staff would support more critical review of arborist reports submitted with applications. Alternatively, the City could have an on-call contract arborist to fulfill these duties. By contracting out this position, the City would benefit from the value of the expert opinion and have the flexibility that comes with not having to employee a full-time position.

Historically the hillsides adjacent to Pacifica were dominated mostly by grasslands with few trees. Over time, hillsides have transitioned to a dense forest of eucalyptus, cypress, pines, and acacia species.

Some of these species are known to be particularly flammable. With heightened awareness of wildfire, the wildland urban interface (WUI), the area where houses meet or intermingle with undeveloped wildland vegetation, is a focus for fuels management and the development of a fire safe community.

Recently, San Mateo County issued a temporary exemption to property owners in unincorporated areas of the county to not pay the tree-removal permit fee (property owners still must submit an application) for certain species of trees located within 100-feet of homes or 30-feet of an escape route on public or private property. Urgency ordinances may be adopted pursuant to Government Code section 36937 and take effect immediately, if it is an ordinance that is necessary for the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council. This authority may be applied to not only address fire hazards, but also other threats, such as the introduction of a pest or disease. With this comes some flexibility for the City to respond quickly to safety concerns. 2 Among benchmark communities, Pacific Grove is the only community that states a canopy goal within the municipal code.

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Packet Pg. 258 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Other Stakeholder Concerns Not Related to Ordinance Revisions 48 Table 30: Other Key Challenges and Opportunities for Urban Forestry Management with Recommendations for Improvement
Key Challenges/Opportunities Recommendations
● Tree City Pacifica recommends a canopy cover
goal of 30%.
● Lack of awareness of the Chapter 12 and Chapter
14 of Municipal Code.
● The City does not have a Certified Arborist on
staff.
● Heightened wildfire risk in the WUI.
● Complete a comprehensive land cover analysis
to determine potential canopy cover.
● Solicit feedback from the community about
desired tree canopy cover levels.
● Establish a tree canopy cover goal outside of
Municipal Code.
● Promote awareness of Chapter 12 and 14 of
Municipal Code.
● Employ a Certified Arborist on staff.
◦ Alternatively, contract an on-call arborist to
fulfill the roles and responsibilities of a City
Arborist.

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Packet Pg. 259 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 49 Appendix A: Tree Protection Zones
Appendix A: Tree Protection Zones

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Packet Pg. 260 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix A: Tree Protection Zones 50

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Packet Pg. 261 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 51 Appendix A: Tree Protection Zones
Table 31: Common Tree Protection Zone (TPZ) Areas
Trunk Diameter
(Measured at 4.5 feet, inches) Diameter*1.5 ft Diameter*2 ft Radius of TPZ (ft) Area of TPZ
(ft²)
0 to 4 inches - - 6 113
5 7.5 - 7.5 177
6 9.00 - 9 254
7 10.50 - 10.5 346
8 12.00 - 12 452
9 13.50 - 13.5 573
10 15.00 - 15 707
11 16.50 - 16.5 855
12 18.00 - 18 1,018
13 19.50 - 19.5 1,195
14 21.00 - 21 1,385
15 22.50 - 22.5 1,590
16 24.00 - 24 1,810
17 25.50 - 25.5 2,043
18 27.00 - 27 2,290
19 28.50 - 28.5 2,552
20 30.00 - 30 2,827
21 31.50 - 31.5 3,117
22 33.00 - 33 3,421
23 34.50 - 34.5 3,739
24 36.00 - 36 4,072
25 - 50 50 7,854
26 - 52 52 8,495
27 - 54 54 9,161
28 - 56 56 9,852
29 - 58 58 10,568
30 - 60 60 11,310
31 - 62 62 12,076
32 - 64 64 12,868
33 - 66 66 13,685
34 - 68 68 14,527
35 - 70 70 15,394
36 - 72 72 16,286
37 - 74 74 17,203
38 - 76 76 18,146
39 - 78 78 19,113
40 - 80 80 20,106
41 - 82 82 21,124
42 - 84 84 22,167
43 - 86 86 23,235

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Packet Pg. 262 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix A: Tree Protection Zones 52
Trunk Diameter
(Measured at 4.5 feet, inches) Diameter*1.5 ft Diameter*2 ft Radius of TPZ (ft) Area of TPZ
(ft²)
44 - 88 88 24,328
45 - 90 90 25,447
46 - 92 92 26,590
47 - 94 94 27,759
48 - 96 96 28,953
49 - 98 98 30,172
50 - 100 100 31,416
51 - 102 102 32,685
52 - 104 104 33,979
53 - 106 106 35,299
54 - 108 108 36,644
55 - 110 110 38,013
56 - 112 112 39,408
57 - 114 114 40,828
58 - 116 116 42,273
59 - 118 118 43,744
60 - 120 120 45,239
61 - 122 122 46,759
62 - 124 124 48,305
63 - 126 126 49,876
64 - 128 128 51,472
65 - 130 130 53,093
66 - 132 132 54,739
67 - 134 134 56,410
68 - 136 136 58,107
69 - 138 138 59,828
70 - 140 140 61,575
71 - 142 142 63,347
72 - 144 144 65,144
73 - 146 146 66,966
74 - 148 148 68,813
75 - 150 150 70,686
76 - 152 152 72,583
77 - 154 154 74,506
78 - 156 156 76,454
79 - 158 158 78,427
80 - 160 160 80,425
81 - 162 162 82,448
82 - 164 164 84,496
83 - 166 166 86,570
84 - 168 168 88,668
85 - 170 170 90,792

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Packet Pg. 263 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 53 Appendix A: Tree Protection Zones
Trunk Diameter
(Measured at 4.5 feet, inches) Diameter*1.5 ft Diameter*2 ft Radius of TPZ (ft) Area of TPZ
(ft²)
86 - 172 172 92,941
87 - 174 174 95,115
88 - 176 176 97,314
89 - 178 178 99,538
90 - 180 180 101,788
91 - 182 182 104,062
92 - 184 184 106,362
93 - 186 186 108,687
94 - 188 188 111,036
95 - 190 190 113,411
96 - 192 192 115,812
97 - 194 194 118,237
98 - 196 196 120,687
99 - 198 198 123,163
100 - 200 200 125,664

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Packet Pg. 264 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix B: Industry Standards 54
Appendix B: Industry Standards
ANSI Z133 Safety Standard, 2017 reviews general safety, electrical hazards, use of vehicles and mobile equipment, portable power hand tools, hand tools and ladders, climbing, and work procedures.

ANSI A300 standards represent the industry consensus on performing tree care operations. The standards can be used to prepare tree care contract specifications.

ANSI A300 Pruning Standard - Part 1, 2017
ANSI A300 Construction Management Standard - Part 5, 2012 ANSI A300 Integrated Vegetation Management Standard - Part 7, 2012 ANSI A300 Root Management Standard - Part 8, 2013
ANSI A300 Tree Risk Assessment Standard a Tree Failure - Part 9, 2017

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Packet Pg. 265 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 55 Appendix C: Community Engagement
Appendix C: Community Engagement
Virtual Community Meeting
Figure 1 Should the definition of “heritage tree” be more specifically defined? Figure 2: Should there be an additional definition for “protected tree”? Figure 3: Should the City adopt the industry standard for measuring tree diameter at 54-inch above ground?
Yes

87.0%
No
0%
Not sure

13.0%
Yes

77.0%
No

8.0%
Not sure

15.0%
Yes

69.0%
No

8.0%
Not sure

23.0%

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Packet Pg. 266 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix C: Community Engagement 56
Figure 4: Should an arborist report be required when a request for removal of a protected tree is based on health, pest/pathogen, and/or when a tree is a heritage tree? Figure 5: What revisions should be made (if any) to the notification process? Figure 6: Should staff study ways to de-incentivized illegal tree removals? Website notification

45.6%
300-foot notification
radius

32.0% No revisions are needed

8.8%
Other

13.6%
Yes

88.0%
No

6.0%
Not sure

6.0%
Yes

76.0%
No

6.0%
Not sure

18.0%

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Packet Pg. 267 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 57 Appendix C: Community Engagement
Figure 7: Should staff review establishment of a Tree Fund? Figure 8: Should Pacifica require a 2:1 replacement for the removal of an otherwise healthy heritage/protected/City tree?
Figure 9: Should staff review establishing a process for maintenance of replacement trees? Yes

88.0%
No

6.0%
Yes

88.0%
No

6.0%
Not sure

6.0%
Yes

73.7%
No

13.1%
Not sure

13.1%

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Packet Pg. 268 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix C: Community Engagement 58
Figure 10: Should staff review establishing in-lieu fees for trees not replaced on site? Figure 11: What is your level of satisfaction with the current care of street trees? Completely satisfied
0%
Somewhat satisfied

11.9%
Unsure/Need
more
information

17.8%
Somewhat dissatisfied

58.4%
Completely dissatisfied

11.9%
Yes

88.0%
No

6.0%
Not sure

6.0%

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Packet Pg. 269 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 59 Appendix C: Community Engagement
Rotary Club Meeting
Figure 12: Should the definition of “heritage tree” be more specifically defined? Figure 13: Should there be an additional definition for “protected tree”? Figure 14: Should the City adopt the industry standard for measuring tree diameter at 54-inch above ground?
Yes

87.5%
No

12.5%
Yes

81.3%
No

12.5%
Not Sure

6.3%
Not Sure

8.3%
Yes

91.7%

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Packet Pg. 270 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix C: Community Engagement 60
Figure 15: Should staff study ways to de-incentivize illegal tree removals? Figure 16: Should staff review establishment of a Tree Fund? Figure 17: Should staff review establishing in-lieu fees for trees not replaced on-site? Yes

81.3%
No

18.8%
Not Sure
0%
Yes

53.3%
No

40.0%
Not Sure

6.7%
Yes

87.5% No

12.5%
Not Sure
0%

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Packet Pg. 271 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 61 Appendix C: Community Engagement
Figure 18: Should Pacifica require a 2:1 replacement for the removal of an otherwise healthy heritage/protected/City tree?
Figure 19: Should an arborist report be required when a request for removal of a protected tree is based on health, pest/pathogen, and/or when a tree is a heritage tree? Figure 20: What revisions should be made (if any) to the notification process? Yes

60.0%
No

33.3%
Not Sure

6.7%
Yes

60.0%
No

26.7%
Not Sure

13.3%
Other

11.8%
No revisions are
needed

23.5%
300-foot radius

29.4%
Website notification

35.3%

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Packet Pg. 272 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix C: Community Engagement 62
Figure 21: What is your level of satisfaction with the current care of street trees? Online Survey Results
Figure 22: Prior to this survey, what was your awareness of Title 4, Chapter 12: Preservation of Heritage Trees of the Pacifica Municipal Code
0 20 40 60 80 100 120 140
Other (please specify)
I have implemented a tree protection plan for a heritage tree during construction
I have appealed a permit regarding a heritage tree
I did not know the City had an ordinance to protect heritage trees
I have applied for a permit to remove a heritage tree
I knew the City had an ordinance to protect heritage trees Number of Responses
Completely satisfied
<1%
Completely dissatisfied

6.3%
Somewhat
satisfied

18.8%
Somewhat
dissatisfied

18.8%
Neutral

56.3%

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Packet Pg. 273 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 63 Appendix C: Community Engagement
Figure 23: The preservation of heritage trees in Pacifica is important because (select all that apply):

Other (please specify):
• Habitat for the creatures we share this special place with. • Hazards, such as storm and fire hazard must be considered. There should be a plan to remove most eucalyptus, for this reason.
• Heritage trees are important but neighbors who don't have "skin in the game" hold too much sway over the process
• Heritage trees need to include multi stem native trees; The socio-economic benefits are important, but the environmental/ecological benefits are even more important. The true character of Pacifica as a coastal town would be better represented by including as heritage trees the smaller, multi-stemmed native trees
• Heritage trees should apply to native trees, not invasive trees. Monterey pine and Monterey cypress are not native to Pacifica area and should not be considered as heritage trees. • I think there’s a balance between preserving and reality when it comes to power line safety • I would much prefer that you encourage planting of natives and remove invasive non-natives. • Preserve Heritage Trees unless they are High or Severe Risk trees. • Preserve our coastal redwood trees and other native plants and get rid of eucalyptus, Monterey cypress, Monterey pine, English ivy, German ivy, and other invasive non-native plants. • Reasons other than "an Important safety concern" should also be allowed for removal. e.g.

Roots interfering with underground utilities or structures. • Simple beauty of mature specimens
0 50 100 150
Not sure
I do not agree with the preservation of heritage trees
Other (please specify)
Resilience for the community and quality of life in the face of climate change
Heritage trees represent and preserve the character of Pacifica Socioeconomic benefits of tree canopy (improvements to human health, property values, retail, privacy, etc.

I agree with the preservation of heritage trees unless there is an important safety concern with allowing the trees to remain Environmental benefits of tree canopy (improvements to air quality, stormwater management, carbon reduction, energy… Number of Responses

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Packet Pg. 274 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix C: Community Engagement 64
• The scope of reasons for removal need to go beyond safety concerns. Neighboring trees should not be allowed to encroach on private property.
• Trees create habitat diversity for all manner of living things.

Figure 24: What are your top 3 preferred improvements for the heritage tree removal permit process? (choose up to 3)
Other (please specify):
• According to the summary a heritage tree can be on either public or private property. When the City wants to remove such a tree, does it have to go through the permit process as well? What is the transparency level for the City when removing such a tree? • Don’t know enough
• Heritage trees that post a danger to people or buildings should be able to be removed without too much hassle.
• Increase fee; Require more than 1x replacement
• Lower threshold for definition of safety
• More detail on what “substantial pruning” means.
• Not to include eucalyptus, Monterey cypress, Monterey pine as heritage trees. • Our real heritage includes local natives some of which can be 200-300 years old.; Our true heritage should ibclude local natives, usually multi-stemmed, that provide wildlife habitat and 0 10 20 30 40 50 60 70
Less time to file appeals
Works great!
Other (please specify)
More time to file appeals
Too many trees are classified as heritage trees
Require a permit to perform any pruning on a heritage tree More education on how to apply for a permit
More trees should be classified as heritage trees
Greater transparency in the notification process
Clarify criteria for approval or denial of permits
More education on when a permit is needed
Number of Responses

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Packet Pg. 275 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 65 Appendix C: Community Engagement
can live 200-300 years. Classifying young , fast growing trees as heritage is a misnomer. ; Our true heritage must include local natives, usually multi-stemmed, that provide wildlife habitat and can live 200-300 years. Classifying young, fast growing trees as "heritage" is a misnomer.

Allowing these older, truly heritage trees to be destroyed without consideration for their ecological value is misguided.; Our true heritage should include local natives, usually multistemmed, that provide wildlife habitat and can live for 200-300 years. Classifying young, fast growing Monterrey pines and cypress as heritage is in accurate. • See recommendations from Tree City Pacifica
• There should be no charge for a permit if the tree is unhealthy or at risk of endangering life/property
• There should be provisions for removing dead trees, we purchased a house with a heritage tree that was dead for 10+ years and we found it annoying to add that cost when we are taking the cost of removing a tree
• Views should be considered a valid reason for tree removal • Waive permit fee for low income seniors
Figure 25: The removal of a heritage tree should require tree replacement (select one):

Yes, number of replacement
trees based on the loss of
canopy, diameter, or in-lieu
fees

36.0%
Not sure/Need more
information

17.0%
No, tree
replacement should
not be required

16.0%
Yes, on a 1:1 ratio
or in-lieu fees

14.0%
Yes, on a 2:1 ratio
or in-lieu fees

13.0% Other
(please
specify)

4.0%

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Packet Pg. 276 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix C: Community Engagement 66
Figure 26: What types of education and public outreach regarding this topic do you prefer? (check all that apply)
Other (please specify):
• A public conversation about trees, and their varied benefits needs to be held. Limiting the definition to a 12" diameter (a very young pine) ignores the many benefits of multi-stem trees.

Arborists often measure the several stems and sum their diameters to allow true evaluation. • City of Pacific friday emails, and Fogfest and other events. • City website
• Explanation on city site
• Heritage tree maps/walks, events celebrating Pacifica’s urban forest, etc • Letters to each household, with directions to more informational resources • Newspaper
• Notices at local ventures, postings near gathering places, letters to households 0 20 40 60 80 100 120 140
City Website
Other (please specify)
Council study session/public meeting
Online Videos
Informational brochures
City social media accounts (Connect with Pacifica, Facebook, Nextdoor, etc.)
Number of Responses

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Packet Pg. 277 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 67 Appendix C: Community Engagement
Figure 27: Describe your interest/involvement with Pacifica’s City trees? (check all that apply) Other (please specify):
• A city tree fell on our house, and another fell on our neighbor’s house the same morning. • Adopt a Pacifica Tree Canopy goal of 30%
• Concerned with lack of tree maintenance have witnessed four large tree limbs come down in public places. This has been in the last 3years. Many of the teees in the Sharp Park area are not maintained and are very large. ; Trees in East Sharp Park are not maintained. Large and heavy branches have come down in public spaces. Thankfully no one was hurt. It could have been indefensible tragedy.
• I am a member of Tree City Pacifica
• I have appealed and prevailed in the preservation of a heritage tree • I have pushed for more street trees with previous City Manager, who said they didn’t grow near the ocean. Wrong.
• I haven't been involved in any community tree events as I haven't heard of any. But I would come out to help remove Ivy or other tree events if offered. • I would like a street tree planted in front of my house • remove eucalyptus from city parks
• Trees in lands expected to be developed need the same or better protections since their removal will have a more drastic effect on wildlife and local ecology.; Trees in lands intended for development need more stringent restrictions since their destruction has a greater effect on local wildlife.
• trees on open space back up to our lot.of our lot ; trees on open space back up to our lot. 0 20 40 60 80 100 120 140
I have planted a tree in the rights-of-way
I have a business that benefits from street trees
I have requested that my street tree be removed
I have requested that my street tree be trimmed
I have pruned the street tree in front of my house/business Other (please specify)
I have volunteered at a tree planting event, such as Arbor Day I have a street tree in front of my house
I have read an article about the Pacifica Heritage Tree Ordinance update in the City newsletter or the Pacifica Tribune
I appreciate City trees and the benefits they provide to the community
Number of Responses

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Packet Pg. 278 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix C: Community Engagement 68
Figure 28: Are City trees adequately managed?
Figure 29: Indicate your level of satisfaction with the current care of street trees.

52.0%
Unsure/Need more
information

41.0%
Yes

6.0%
Somewhat
unsatisfied

40.0%
Somewhat satisfied

29.0%
Completely
unsatisfied

12.0%
Completely satisfied

5.0%
Unsure/Need
more
information

14.0%

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Packet Pg. 279 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 69 Appendix C: Community Engagement
Table 32: Feel free to add any other comments you have regarding Pacifica’s Urban Forest Feel free to add any other comments you have regarding Pacifica's Urban Forest:

I live in Vallemar our Heritage Palm trees have not been maintained only butchered by PGE. I know they have to be cut because of power lines that should be moved or rerouted, but they have been not maintained by the city as large dead branches that can fall on anyone walking by. Vallemar is one of the great asset of Pacifica we are always forgotten for improvements.

We have a healthy, beautiful heritage tree, which is sometimes badly trimmed by PG&E. We have also paid lots of money to arborists over the years. I would like a summary of what to expect regarding this tree regarding our rights and responsibilities.I don’t want to attend a Zoom meeting.

Let's aim for a 30 percent tree canopy goal; let's make it easy to do the right thing and work with companies that prune or remove trees to ensure they follow the rules.

Pacifica lacks financial resources to maintain urban forest. Funding needs to be a priority. Fewer studies with those funds used for actual maintenance. Pacifica tends to study everything but has no money to implement anything. They don't maintain streets, sidewalks, trees etc. Our property taxes pay for salaries, pensions & studies but few city services.

In the revision, define Heritage Trees as all trees with a trunk 12 inch diameter at 54 inches above native grade. Establish a Tree Fund to support city tree maintenance. Specify that only high and extreme risk trees (as determined on an ISA Basic Tree Risk form) be approved for removal. Adopt a Tree Canopy Goal of 30%.

Thanks for the chance to take this survey and learn more about the heritage tree ordinance. Besides seeing this topic in Connect With Pacifica, it landed on my radar when we saw that Davey recently trimmed the giant, glorious cypress tree near our house, on Salada Ave, adjacent to the south side of the Civic Center campus.

To my eye the trimming seemed drastic and not exactly artfully done. I've been curious about what goes into the decision-making process in such a case. It seems too bad that the majestic spread and reach of the cypress was not maintained in the trimming process. If I had more information about the necessity of trimming it in this way it would help me feel better about it. So yeah, more transparency and education would be great.

Maybe especially to the residents/home-owners on the affected blocks? Many Vallemar trees are very old, uncared for, and dangerous. There are expired removal signs on a few and others are waiting for removal. We have had property damage, power loss, and the inability to drive down our street due to falling branches and limbs. We also have damage due to large roots. It’s just a matter of time before one of these old, large, trees comes down on a home.

Native trees are the only trees that should be protected as heritage trees. Eucalyptus, pine and other large trees that were planted in residential lots should not be protected due to fire risk, ascetics and fall hazard.

Would like more street trees
The city needs to work with PG&E to prevent them from destroying or horribly maiming heritage trees that are in the pathway of a single wire that could otherwise be re-routed. PG&E's tree crews are butchers and are destroying the aesthetics of the neighborhood.

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Packet Pg. 280 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix C: Community Engagement 70
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

Trees on one property that hang over another property need to be safely maintained.

I have no comment to add.
.; It's interesting that you've hired a company that makes its money cutting trees to advise you on this subject.

The city needs to address the large unmanaged eucalyptus forests in city parks and in our neighborhoods.

We may lose house insurance options as insurance companies review wildfire zones. The city could provide funding or rebates for anyone removing these dangerous, invasive trees.

Pacifica needs a Tree Canopy Goal of 30%. Tree service companies should be required to have a permit before removing a heritage tree. Make the fines for removing a Heritage Tree without approval very large - it should be enough that well-off property owners aren’t tempted to just pay it as a “cost of doing business”.

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Packet Pg. 281 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 71 Appendix C: Community Engagement
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

Thank you for keeping the Tree Ordinance strong. It is important to the beauty of Pacifica, and trees combat climate change. I suggest tree services require a permit before removing trees, which would protects homeowners from fines.

Thanks
Create a Tree Fund with fees and donations that will be used for the maintenance of city trees.

Request that tree service companies require a permit before removing a heritage tree (to protect homeowners from fines).

Protect low and moderate risk trees, and remove high and extreme risk trees (as determined by an ISA Basic Tree Risk Assessment form).

Health of trees should be a priority instead of insisting on the preservation of diseased trees despite their fire hazard. Also, PB&R is completely the wrong organization to control this ptocess. Using the term "Heritage" is biased and implies these trees are large and historical, whereas they can actually be fairly small.

Fire safety needs more consideration in heritage tree removal. PB&R is inappropriate to judge. Trees with fatal disease need immediate removal once documented. View should be considered.

The city planning requirements for new projects only require projects to show heritage trees on site plans.

This seems to be a major oversight as groups of multiple trees also require permits for removal. This should be compared to other cities, most of which require all trees to shown that meet certain dBH criteria.

The tree guidelines should also be reflected in the General Plan. The Safety Element says that trees should not be planted on slopes in excess of 50% and I have seen this regulation ignored twice by staff and the Planning Commission in the past year on the Vista Mar and Talbot Avenue projects.

A public hearing to assess the request to remove city trees which have been determined to be a hazard by an independent, licensed arborist should NOT be required. These tress should be included in the same process for heritage tree removal and not subject to City Council review.

Pacifica’s trees Are a valuable resource. They give Pacifica the ambience of Carmel or Pacific Grove. I love the. feeling of living in a natural environment, rather than the concrete jungle of the most cities. Pacifica’s heritage trees are Pacifica’s heritage.

Very concerned about the state of some of the East Sharp park trees. Particularly those on hills with houses directly below and also those in Pomo Park where two very large branches fell (one approximately 25-30’).

I would like to see the Urban Forest managed for health not just ignored unless a hazard or damage occurs.

None
Need better oversight of tree protection in building permit process.

Trim before storms, not during

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Packet Pg. 282 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix C: Community Engagement 72
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

City needs to cut eucalyptus trees especially during the winter when we have storms Jjjjjj
Thanks for doing this!
Public Works is very responsive to issues involving storm-related damaged trees in our neighborhood C
• Request that tree service companies require a permit before removing a heritage tree (to protect homeowners from fines)
• Maintain the logging ordinance that requires mitigation if 20 or more six-inch trees are removed in the process of development
• Adopt a Pacifica Tree Canopy goal of 30%
do not allow trees to be removed until building permit is issued for new construction I am concerned that optimism and wishing for something good is being prioritized over safety. We currently have a neighbor who would like to remonta tree in their own yard but can’t because their other neighbor doesn’t want them to. That seems wrong to me. Just because someone many years ago planted a big tree somewhere, that does not mean it was a wise choice and should be left indefinitely.

I would love to see the promotion and planting of more native trees - the trees climbing up the hills behind our residences concerns me and they will convert the hills to forest when they should be grass and shrub.

As we all know trees sequester CO2. So it is important for city to have as many healthy safely trimmed trees as possible. Heritage tree ordinances prevent unnecessary clearly of trees.

No comment
Trunk diameter should not be the single criteria for a tree to be identified as a Heritage tree. Our much older, native trees are slower growing and provide very important wildlife habitat serving insects, birds and mammals. ; Using only a twelve inch diameter trunk as the single criteria for a heritage trees is a mistake. This limited definition excludes any slower growing native trees with multiple trunks. Local natives provide the best habitat for insects, birds and mammals. Their multiple trunks must be considered as well as their age.; A twelve inch diameter pine can be only 25 years old, hardly "heritage" status.

City street trees should be treated as a special category. Trees on individual properties need different consideration. Trees in lands that are slated for development need other special considerations. One size does NOT fit all
Protect low and moderate risk trees, and remove high and extreme risk trees (as determined by an ISA Basic Tree Risk Assessment form)
More trees, more watering, more care.

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Packet Pg. 283 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 73 Appendix C: Community Engagement
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

Pacifica needs MORE trees, and stricter review of removal of any trees.; Pacifica needs more trees. Palmetto design should have included trees. Any beautiful downtown includes a canopy. The Linda Mar median should have trees as wel...

The City needs to increate in-lieu fees; often these become the cheapest way for a developer to meet the terms of an ordinance.

Define heritage trees as all trees which have a trunk with a 12 inch diameter at 54 inches above native grade I moved here for the trees. Please take care of them.
.; no comment
Shen trees are cut down, they should be replaced with new.

Trees that have been here a long time should be preserved and protected on a regular basis. Those trees that are sick, damaged, or dangerous should be removed, but the question is "who determines that". My experience with the city happened a few years back. The house was sold, 9 trees were cut down including heritage tree. When I called the city, I was told it was too late to do anything. In my opinion that was a totally horrible response. There is no sense in that. Was the city too lazy, inept or overwhelmed to seriously deal with that? A stronger tree ordinance needs to be in place to protect our trees in town.

Please stop allowing tree toping it just kills the tree slowly and makes it a hazard later in time.It add no beauty at all to the community. So sad when this is done. Just pay the extra money to remove the tree. Also, 1850 the eucalyptus where brought to California and are now a part of our heritage. Love or hate them they do have a strong history here in the Golden State and should also be protected. Eucalyptus have great value in our community such as: non deciduous and therefore sequester carbon all year round, live longer than 200 years, really, have relatively low fire risk along the coast, support a number of wildlife. Another consideration for the eucalyptus is as the climate changes our native trees are under great stress and therefore all trees that can sequester carbon are very valuable.The list really goes on so please do some unbiased research and include the eucalyptus. There is a single beautiful eucalyptus near the Sanchez Adobe and the diameter is huge. This tree would not be protected once again under the new heritage tree ordinance and it should. It seems as above the diameter has changed from the current diameter of 50 inch. I agree with the 16 inch.

Thank you; Sorry I misunderstood the measurements of a heritage tree. Just to clarify the current ordinance is a trunk with a circumference of fifty (50″) inches (approximately sixteen (16″) inches in diameter) or more, measured at twenty-four (24″) inches above the natural grade. It was my understanding that this was going to be be even bigger. I would disagree with making the dimensions bigger and think the city should consider making the dimensions smaller. Why not follow the states guidelines: the minimum diameter at stump height is the following for the following tree species:
(A) Coast redwood: 42 inches.
(B) Douglas-Fir Douglas-fir: 40 inches.
(C) Giant sequoia or sierra redwood: 50 inches.
(D) Hardwoods: 28 inches.
(E) Port Orford cedar: 28 inches.

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Packet Pg. 284 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix C: Community Engagement 74
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

Replace removed high risk, diseased, or dead trees. When the city does maintenance on City Trees, the city does not often replace them. Anything removed should be promptly replaced by a suitable tree. Otherwise we're just constantly removing trees and not re-populating and keeping Pacifica beautiful.

Define heritage trees as all trees which have a trunk with a 12 inch diameter at 54 inches above native grade Protect low and moderate risk trees, and remove high and extreme risk trees (as determined by an ISA Basic Tree Risk Assessment form)
Require replacement trees be equal to the removed canopy within fifteen years (or require the payment of In Lieu fees equal to the value of the heritage tree)
Create a Tree Fund with fees and donations that will be used for the maintenance of city trees Request that tree service companies require a permit before removing a heritage tree (to protect homeowners from fines)
Maintain the logging ordinance that requires mitigation if 20 or more six-inch trees are removed in the process of development
Adopt a Pacifica Tree Canopy goal of 30%
There was a pine tree in my neighborhood growing in the front yard off Manor within a block of the intersection of Manor and Oceana. The tree had grown tall enough that large branches had rested against the electrical lines for so long that the lines had now become encased by the tree branch. It takes many years for a tree branch to grow around something like a power line. Indicating that nobody was monitoring this tree for some time. In addition to the City, that includes the homeowner and PG&E. When the tree was finally pruned, the small sections of the branches that had enveloped the power line had to be left intact with the line still running through them. The reason I bring this up is because had that tree fallen over in a storm while the power lines still ran through those branches, who knows how many residents would have lost power, and for how long, and how much money that would have cost. Somehow this risk has to be factored into why tree management cannot be an afterthought.

The eucalyptus trees are non-native and dangerous. Especially with increasing fire danger eucalyptus groves need to be removed.

On a separate issue, I once witnessed an appeal at city council where the city tree person said a tree needed to come down on a homeowners property, and the homeowner agreed. A neighbor —who stated that she wouldn’t park her car under the tree during a storm due to danger of it falling— wanted the tree kept up because she loved it. And…city council voted the property owner couldn’t remove the tree. Please, if a tree is dangerous allow it to be removed.

Increase enforcement and penalties for violations; increase funding for tree maintenance; keep the logging ordinance to mitigate for large developments that remove lots of trees Keep up awareness
L
It great to have trees
Let me cut down some of my trees

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Packet Pg. 285 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 75 Appendix C: Community Engagement
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

Seems more trees are removed than is warranted - would love to see more redwoods I think it is good to plant more trees in Pacifica. At the same time, we need to be mindful to plant more native trees and to carefully select the locations for plantings so the trees can grow healthy without causing life safety issues, nor block homeowners views.

Keep up the good work….

Private property owners should be allowed to remove heritage trees on their property without restrictions OR THE CITY SHOULD INDEMNIFY THE OWNERS FOR ANY DAMAGE CAUSED BY THE TREE. It's unfair to force an owner to pay for events the City won't allow the owner to prevent.

Monterey Cypress was an unfortunate choice to plant near homes. They are shallow-rooted and dangerous.

We have quite a few around our home and I worry about them. Better maintenance is imperative.

The large forests of eucalyptus trees are a danger to the neighborhoods, especially Oddstad park. These trees show be removed and replaced with more appropriate species.; The eucalyptus groves are non-native, invasive and a fire risk. They should all be removed. My insurance company considers our neighborhood a wildfire risk because of this. My premiums will go up or I might lose coverage. Apparently, the state might create it's own insurance pool to cover cities like ours.; I am hoping that the City will provide a list of tree species that we should adopt. The eucalyptus should be banned. They poison the ground beneath them, so only more eucalyptus can grow, crowding out native species that wildlife depend on... Nothing eats eucalyptus but fire! And... they require large amounts of water, stealing water from the surrounding forest.

If the city and the homeowner agreed that a tree that is either on the homeowner's property or in front of the homeowner property (city tree) is prone to falling, then it should be removed without interference from a third party.

On the other hand, if a tree that is not on the homeowner's property, but may potentially be dangerous and may fall on the homeowner's property, it seems the city should be able to help convince the tree owner to trim and lower the tree height to offset future danger of falling onto the homeowner's property.

I think the various districts of Pacifica should not be considered by "one size fits all". There is a diverse range in the character of the different neighborhoods. (e.g. Sharp Park with its old and iconic cypress trees; Vallemar with with its palms; and several neighborhoods with relatively few trees); As a resident of Sharp Park, I am VERY away of our number of Heritage Trees, particularly the old Cypress that give such character to our neighborhood. There are problems however. MANY of the trees are not attractive because they have not been cared for and pruned well. Also many of the oldest trees (over 100 years) may damage street walks, driveways, and clog sewer lines with their roots. We need to develop a long-term plan for our cypress trees.

If cared for and pruned well, they can be beautiful. But how do we develop a public-private partnership and fund professional to prune our iconic trees on both public and private land, and along the highway. The replacement of old trees with young ones is also something that deserves thoughtful consideration.

On another topic, much the city's "urban forest" is actually land at the interface of wildland and houses.

Too many of Pacifica's homes lie VERY close to stands of eucalyptus that are at risk of fire. Who will thin these "forests" and clear out the undergrowth/debris so our neighborhoods are safer. Again, this is likely something that needs to be a public-private partnership. Funding will be a challenge.

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Packet Pg. 286 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix C: Community Engagement 76
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

No questions have been asked regarding heritage trees on private property, e.g. , have I paid for tree maintenance? How much does it cost? (About $1500 every couple years). The cypress trees need maintaining and is $$ available for owners who cannot afford the $$ for maintenance? Does PGE do maintenance when tombs reach power lines? Poorly. See tree resting on wires at 110 Hilton Lane. ; Any support for homeowners who must maintain heritage trees? Cypress are expensive to maintain. Not everyone can afford to have the maintenance done.

It would be nice if Pacifica had the funds to maintain the trees. They are such an asset. I realize voters did not support a larger tree budget so they are limited in what they can do. They do a good job with the budget they have but so much more needs to be done. More consideration should be given to relocating wires and PG&E, Comcast, AT&T should contribute something because they all profit from using Pacifica's resources and space,
The appeals process for challenging removal permits is rigged. The City notified me that it was going to remove a Heritage tree because of the proximity to MY house. I had to pay $388 to appeal the removal of this tree in my name. I am retired on fixed income and have lived next to this tree for 26 years. It is not a hazard and do not want it removed. Parks, Beaches and Rec agreed with me by unanimous decision to preserve the tree. The next day, a City council member who was not present at the appeals hearing appealed the PBR decision. This was before the minutes for the hearing or recording were available. When the appeal went before the City Council, another member asked why this decision was appealed and the Council member had no answer. The City Council decided not to rule on the Councilman's challenge and to instead let the PBR decision stand. This experience has left me completely distrustful of City politics. Long time retired residents are being exploited in this process. I could not afford that appeals fee that I was forced to pay and have suffered being targeted by the City of Pacifica.

It would be great if the city had fund to help homeowners remove large trees that are sick or pose a threat.

It is expensive and some older neighbors can't afford to hire anyone. “Substantial trimming” needs to be clearly defined. My neighbors tree canopy covers most of my yard and at times has reached my roofline. It blocks almost all sunlight and drops an immense amount of foliage. As a result, I am constantly cleaning up after their tree and it also kills my plants. Their “right” to a backyard heritage tree should not trump my rights to enjoy my own property.

Clean up areas. Seems no one is doing clean up leaving us in a fire zone because parks are not clean. One match is all it takes to burn on hiking trails and kill possible victims. Yikes so scary.

Love our urban forest and glad the city values it
More trees need to removed, especially the Monterey Pines which are not indigenous to Pacifica and this region. Furthermore, the Monterey Pines pose threats to the environment and public health when they become so large.

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Packet Pg. 287 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) 77 Appendix C: Community Engagement
Feel free to add any other comments you have regarding Pacifica's Urban Forest:

From living here for 30 years I have seen too many trees (some heritage quality) mostly privately owned over pruned or pruned poorly. I see this everywhere I travel which is all over the Peninsula for work. No trees were included in the Manor district renewal project- just bulb outs for plants which are being (somewhat) maintained by volunteers. No vertical landscape there- an obvious choice by planners, Could an appropriate species have not been chosen? The area still looks uninviting in part due to lack of trees. This city needs more trees and the resources to care for them. Carmel, Monterey, and Pacific Grove all know this and benefit from their robust urban forest! Whe shouldn’t Pacifica?
In the last 2 years we have had 3 individuals from Pacifica public works come to our house . All three of said individuals determined that the city tree in front out on the street is past due for maintenance only to have these public works reps disappear never yo be heard from again . We did get one call back from Paul who is currently in charge of city tree maintenance. All he could tell us that he is working on it . The last rep that came out said it would be done by July 2021 . This city tree is reeking havoc on not only our property but the properties around us . Why are we using our hard earned tax dollars to pay the tree crew to do nothing ? It is a eucalyptus tree not a heritage tree.

If you're home or property is in danger from a neighbor's tree one should not be required to pay for a permit and the city should inspect it promptly to determine validity and remove if necessary even when on private property
I object to the clearing of open space at Higgins road to build a development in a fire sensitive zone.

Please try to stop PG&E from harshly topping trees and/or badly pruning trees near power lines. Some heritage trees need to be pruned, but PG&E can spend a little more time on each tree and do it better.

Eucalyptus trees offset carbon emissions and provide value to our community. They should be protected along with heritage trees. Also, I would like to urge the City to stop the practice of topping and limbing trees.

Not at all happy with the PG&E handling of the trees in Vallemar. Am missing the massive eucalyptus trees but they are over 100 years old and need to be removed. They are damaged in their cores and are fire hazards.

We need them replaced with hearty natives that will spread a cover and be less of a fire hazard.

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Packet Pg. 288 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update) Appendix C: Community Engagement 78

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Packet Pg. 289 Attachment: Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (5065 : Tree Ordinance Update)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
6/27/2022
1 SUBJECT:

Tree Ordinance Update - Amend Pacifica Municipal Code Chapter 12 - Tree Preservation and Chapter 14 - Maintenance and Preservation of City Trees RECOMMENDED ACTION:

Receive a report and provide input on the Draft Tree Preservation and Maintenance and Preservation of City Trees Ordinances
STAFF CONTACT:

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

A City Council Study Session was held on May 23, 2022, to discuss the Community Outreach and Benchmarking Study (Attachment 1) with the Council. During the Study Session, staff discussed the extensive outreach to the community regarding the project and the information received from the other cities included in the benchmarking study. The discussion also included recommendations from staff related to the Heritage Tree Ordinance changes. Staff noted that during the public process, they received majority agreement from the public for the following elements related to the Heritage Tree Ordinance:
- That “Heritage Tree” should be more specifically defined, and a new definition should be added for “Protected Tree”.
- The City should adopt the industry standard for measuring tree diameter at 54-inches above the ground.
- An arborist report should be required for removal of Protected Trees/Heritage Trees. - Website tree removal notification should be provided for Protected Trees.

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Packet Pg. 290 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Pacifica City Council 2
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- Staff should study disincentivizing tree removals and establishment of a tree fund. - A 2:1 tree replacement should be required for otherwise healthy Protected/Heritage Trees.
- The City should review established in lieu fees for trees not replaced on site.

Tree Ordinance Changes Receiving Majority Agreement from the Public As noted above, many key staff recommendations discussed with the public during the public process received strong confirmation from the public. Due to this strong support and the straightforward nature of the recommendations, staff did not request a detailed policy discussion with the Council related to these proposed ordinance changes at the May 23rd Study Session.

These changes have been included in the attached draft tree ordinance (Attachment 2).

Information related to these ordinance changes can be provided during the June 27, 2022 Study Session, as desired by the Council.

Tree Ordinance Changes Discussed During the May 23rd Council Study Session Discussion with the City Council at the May 23rd meeting focused on areas that staff found needed further policy discussion and input from the Council. These discussion areas included:
- Specific definitions of a Heritage Tree and Protected Tree - Use of industry standard for measuring trunk diameter - Protection of trees during construction
- Revising criteria for evaluating removal permits
- Logging Ordinance - protection for groves
- Fees and Penalties
Questions were developed around these policy areas and Council was asked to provide feedback based on these questions to assist staff with identifying ordinance changes desired by the Council. Generally, Council had consensus on the ordinance changes related to these questions. The topics, staff questions, and input from Council are summarized below:

Specific Definition of a Heritage Tree and Protected Tree

1. Should the City adopt the following recommended definition of a “Heritage Tree”? Heritage Tree - If one of the following criteria are met and trees are in a condition that can be maintained in the landscape so as not to create an unreasonable risk, trees shall be designated as a “Heritage Tree”:
o Quercus agrifolia (coast live oak), Quercus lobata (valley oak), Aesculus californica (California buckeye), Pinus radiata (Monterey pine), and Sequoia sempervirens (redwood) greater than 12-inches DBH
o Heteromeles arbutifolia (toyon) greater than 4-inches DBH o Trees of historic value
o Specimen tree of any species
o Is one of the largest or oldest trees in Pacifica
o Significant habitat value
o Visibly prominent in the community

2. Should the City adopt the following current definition of a “Heritage Tree” as the new definition for “Protected Tree”?
Protected Tree - All trees within the City of Pacifica, exclusive of eucalyptus, which have a trunk with a circumference of fifty (50″) inches (approximately sixteen (16″) inches in

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Packet Pg. 291 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Pacifica City Council 3
June 27, 2022
diameter) or more, measured at twenty-four (24″) inches above the natural grade.

Council Input to questions 1 and 2: Council agreed to the above definition recommendations for “Heritage Tree” and “Protected Tree”. Further revisions to the “Protected Tree” definition were provided during discussion of questions 3 and 4.

Measuring Trunk Diameter

3. Should the City adopt the industry standard for measuring tree diameter at 54-inches above natural grade?

4. Should the diameter for Protected Trees be decreased from 16-inches to 14-inches? Council Input to questions 3 and 4: Council agreed to question 3 regarding measuring a tree diameter at 54-inches above the natural grade. Council did not agree to question 4 and stated that the diameter of a Protected Tree should be decreased from 16-inches to 12- inches.

Protection of Trees During Construction

5. Should there be a separate permit for trees in construction zones that will not be removed?

6. Should developers be required to hire an arborist to prepare a tree protection plan?

7. Should developers be required to protect trees on adjacent properties? Council Input to questions 5, 6 and 7: Council agreed to question 5 that there should be a separate permit for trees in construction zones that will not be removed. Council agreed to question 6 that developers should be required to hire an arborist to prepare a tree protection plan but modified this to clarify that no tree protection plan would be required if the property did not have trees. Regarding question 7, Council clarified that during the construction process, developers should be required to protect the roots and/or canopy of a tree from an adjacent property that cross onto the developer’s property.

Revise Criteria for Evaluating Removal Permits

8. Should a point system be developed to internally provide guidance to staff on requested tree removals of Protected and Heritage Trees?

9. Should there be a separate permit for pruning Protected and Heritage Trees?

10. Should an arborist report be required to remove a Protected Tree or Heritage Tree? Council Input to questions 8, 9 and 10: Council agreed to question 8 that a point system should be developed as an internal process to provide guidance to staff for Protected/Heritage Tree removals. On question 9, Council agreed that a separate permit should be required for pruning Protected and/or Heritage Trees. However, Council noted that the permit should only be required if more than 15% of the tree will be trimmed and that City staff should provide guidance on the City website related to pruning best practices. The drafted ordinance defines this as “significant pruning.” Council agreed to question 10 but noted that City staff should be allowed to assess whether a Protected or Heritage Tree is dead and/or dying and allow for removal of those trees without a permit if permission is granted by City staff.

Logging Ordinance - Protection for Groves

11. Should protections for groves of trees greater than six (6) inches in diameter be added to Chapter 12?

12. Should Ordinance No. 636-C.S. and No. 673-C.S. be repealed?

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Packet Pg. 292 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Pacifica City Council 4
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Council Input to questions 11 and 12: Council agreed that protections for groves of trees six (6) inches or greater that is currently included in the above noted ordinances should be added to Chapter 12 and the ordinances repealed. Council expressed concern related to clear cutting of Eucalyptus trees. The protections added to Chapter 12 would protect any type of tree groves, including Eucalyptus.

Fees and Penalties

13. Should staff add a section that includes other alternative civil enforcement remedies and penalties for Protected/Heritage Tree removal or trimming violations and have damages applied to a tree mitigation fund?
Council Input to questions 13: Council noted that they wanted staff to investigate penalties for these violations, in addition to the allowable $1000 fine that is currently in the City’s ordinance.

Draft Tree Preservation (Chapter 12) and Maintenance and Preservation of City Trees (Chapter 14) Ordinance Revisions
Attachment 2 provides the recommended changes to Chapter 12 and Chapter 14 related to trees. Due to the number of revisions made, a clean version of the revisions without redlines is attached to provide clarification on the recommended draft ordinances. The ordinance changes include staff recommendations discussed with the public during the public process that received strong support from the public. Also, staff made changes based on the policy discussion with Council at the May 23, 2022 Council meeting related to the questions noted previously in this report. The changes made to the draft ordinances reflect the Council’s consensus on these policy issues. Additional changes to the ordinances are highlighted below:
- Section 4-12.02 and 4-12.08 allow for the Director of Public Works to designate as a heritage tree; trees of historic value; trees of substantial size for the species; the largest/oldest trees in Pacific; trees with significant habitat value or visibly prominent for the community. Trees recommended for designation as Heritage Trees will be posted with a notice and the property owner notified (if applicable) and can be appealed within 10 days to the City Clerk with a final administrative hearing before the City Manager. The decision of the City Manager will be final. Designated Heritage Trees will be posted on the City’s website.
- Section 4-12.07 notes the City will post notice of tree removal/substantial pruning applications on the City’s website and any proposed decision related to the application. - Section 4-12.04, 4-12.05, and 4-12.06 specify that while a tree permit is being reviewed by the Director or the City Manager, any associated building permit decisions will be suspended until a final determination on the tree permit is made. - Section 4-12.11 establishes a tree fund and allows monies collected related to both Chapter 12 (Tree Preservation) and Chapter 14 (City Trees) to be deposited in this account. The Tree Fund can be used for maintaining and preserving trees, preforming inventories, educating residents and developers, and supporting programs for increasing the tree canopy.
- Section 4-12.13 and 4-14.08 allows for collection of the full cost of replacing mature protected trees that are illegally removed, in addition to a $1000 fine. Alternatively, the chapters allow for the planting of two (2) replacement trees for every otherwise healthy tree removed and the payment of the replacement value of the mature Protected Tree

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Packet Pg. 293 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Pacifica City Council 5
June 27, 2022
minus the cost of the two replacement trees.
- Section 4-12.09 allows for the emergency removal of trees that present an immediate risk to the safety of life, limb, health, welfare, or property. The City may collect the costs of the emergency removal from the property owner where the dangerous tree was located.

Next Steps and Project Phase II - Urban Forest, Land & Vegetation Management Plan Staff anticipates, bringing all tree ordinance changes to Council at the next Council meeting with adoption to follow. Once the tree ordinance changes have been adopted, Phase II of the project, the Urban Forest, Land & Vegetation Management Plan, will be developed. Plan development will include several elements such as updating the City’s tree inventory, mapping, tree risk management and risk reduction policy, and short and long-term planning. This process will also review development of tree permit exemptions based on fire risk. During development of this Plan, the City’s Fire Department, Open Space and Parkland Advisory Committee and Emergency Preparedness & Safety Commission will be tapped to help with the Plan Development.

ALTERNATIVE ACTION:

Council may choose to require further study of one or more of the recommendations, which would delay the update of the tree preservation ordinance.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

FISCAL IMPACT:

This work is currently funded under an executed consultant agreement with Davey Resource Group.

ORIGINATED BY:

Engineering
ATTACHMENT LIST:

Attachment 1 - Pacifica Tree Ordinance Community Outreach & Benchmark Study - 2022 (PDF)
Attachment 2 - Pacifica Tree Ordinance Chapter 12 and Chapter 14 (PDF)

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Packet Pg. 294 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Pacifica, CA
Tree Ordinance
Community Outreach & Benchmarking Study
2022
ATTACHMENT 1

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Packet Pg. 295 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Pacifica, CA
Tree Ordinance
Community Outreach & Benchmarking Study
2022
Prepared for:

City of Pacifica
Public Works Department
151 Milagra Drive
Pacifica, CA 94404
Prepared by:

Davey Resource Group, Inc.
6005 Capistrano Avenue
Atascadero, CA 93422
www.davey.com/drg

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Packet Pg. 296 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Table of Contents
Executive Summary ..........................................................................................................................................................1 Introduction........................................................................................................................................................................3 Methods of Review and Engagement.................................................................................................................3 Benchmark Communities ................................................................................................................................3 Stakeholder Engagement................................................................................................................................3 Community Engagement.................................................................................................................................4 Results ..........................................................................................................................................................................5 Chapter 12–Preservation of Heritage Trees ..............................................................................................................7 General Chapter Recommendations....................................................................................................................7 Additional Discussion and Justification.......................................................................................................7 Purpose ........................................................................................................................................................................8 Recommendations.............................................................................................................................................8 Definitions ...................................................................................................................................................................9 Recommendations...........................................................................................................................................10 Designation of Heritage Tree ..............................................................................................................................13 Recommendations...........................................................................................................................................14 Tree Protection.........................................................................................................................................................15 Recommendations...........................................................................................................................................17 Removal Policy.........................................................................................................................................................21 Recommendations...........................................................................................................................................23 Emergency Response.............................................................................................................................................25 Recommendations...........................................................................................................................................25 Building Permits.......................................................................................................................................................26 Recommendations...........................................................................................................................................26 Permits and Appeals...............................................................................................................................................28 Recommendations...........................................................................................................................................29 Fees and Penalties...................................................................................................................................................31 Recommendations...........................................................................................................................................31 Mitigation Measures...............................................................................................................................................34 Recommendations...........................................................................................................................................34 Chapter 14–Maintenance and Preservation of City Trees...................................................................................37 General Chapter Recommendations..................................................................................................................37 Scope and Intent.....................................................................................................................................................37 Recommendations...........................................................................................................................................38 City Tree Maintenance and Preservation .........................................................................................................38 Recommendations...........................................................................................................................................39 Definitions of Terminology...................................................................................................................................39 Recommendations...........................................................................................................................................40 City Tree Maintenance and Preservation Policies/Procedures...................................................................40 Recommendations...........................................................................................................................................41 Tree Planting.............................................................................................................................................................42 Recommendations...........................................................................................................................................42 Ordinance No. 636-C.S. and No. 673 C.S.................................................................................................................43 General Recommendations..................................................................................................................................45 Additional Discussion and Justification.....................................................................................................45

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Packet Pg. 297 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Other Stakeholder Concerns Not Related to Ordinance Revisions .................................................................47 Appendix A: Tree Protection Zones...........................................................................................................................49 Appendix B: Industry Standards .................................................................................................................................54 Appendix C: Community Engagement.....................................................................................................................55 Virtual Community Meeting.................................................................................................................................55 Rotary Club Meeting ..............................................................................................................................................59 Online Survey Results.............................................................................................................................................62 Tables
Table 1: Key Challenges/Opportunities and Recommendations for Chapter 12 ...........................................7 Table 2: Key Challenges/Opportunities and Recommendations for Section 4-12.01 ..................................8 Table 3: Other Key Challenges and Opportunities for Risk Management with Recommendations for Improvement......................................................................................................................................................................9 Table 4: Key Challenges/Opportunities and Recommendations for Section 4-12.02 ................................10 Table 5: Summary of Protected Tree/Heritage Tree Definitions for Inland Communities ........................11 Table 6: Summary of Protected Tree/Heritage Tree Definitions for Coastal Communities ......................11 Table 7: Key Challenges/Opportunities and Recommendations for Section 4-12.03 ................................14 Table 8: Key Challenges/Opportunities and Recommendations for Section 4-12.07 ................................17 Table 9: Other Key Challenges and Opportunities for City Oversight with Recommendations for Improvement....................................................................................................................................................................18 Table 10: Benchmark Communities that Require Tree Protection During Construction/Development19 Table 11: Key Challenges/Opportunities and Recommendations for Section 4-12.04 and 12.05..........23 Table 12: Other Key Challenges and Opportunities for Urban Forestry Programming with Recommendations for Improvement........................................................................................................................24 Table 13: Key Challenges/Opportunities and Recommendations for Section 4-12.06..............................25 Table 14: Key Challenges/Opportunities and Recommendations for Section 4-12.08..............................26 Table 15: Other Key Challenges and Opportunities for Ordinance Awareness with Recommendations for Improvement.............................................................................................................................................................27 Table 16: Key Challenges/Opportunities and Recommendations for Section 4-12.09..............................29 Table 17: Other Key Challenges and Opportunities for Parks, Beaches, and Recreation Commission with Recommendations for Improvement........................................................................................................................29 Table 18: Key Challenges/Opportunities and Recommendations for Section 4-12.10 and 12.11..........31 Table 19: Benchmark Communities Permit and Appeals Fees ..........................................................................32 Table 20: Summary of Benchmark Community Mitigation Measures and Penalties..................................33 Table 21: Key Challenges/Opportunities and Recommendations for Mitigation Measures ....................34 Table 22: Summary of Benchmark Communities Replacement Requirements and In Lieu Fees ............35 Table 23: Key Challenges/Opportunities and Recommendations for Chapter 14.......................................37 Table 24: Key Challenges/Opportunities and Recommendations for Section 4-14.01..............................38 Table 25: Key Challenges/Opportunities and Recommendations for Section 4-14.02..............................39 Table 26: Key Challenges/Opportunities and Recommendations for Definitions of Terminology.........40 Table 27: Key Challenges/Opportunities and Recommendations for Section 4-14.03..............................41 Table 28: Key Challenges/Opportunities and Recommendations for Tree Planting...................................42 Table 29: Key Challenges/Opportunities and Recommendations for Ordinance No. 636 C.S. and No. 673 C.S. ..............................................................................................................................................................................45 Table 30: Other Key Challenges and Opportunities for Urban Forestry Management with Recommendations for Improvement........................................................................................................................48

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Packet Pg. 298 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Table 31: Common Tree Protection Zone (TPZ) Areas.........................................................................................51 Table 32: Feel free to add any other comments you have regarding Pacifica’s Urban Forest.................69 Figures
Figure 1 Should the definition of “heritage tree” be more specifically defined?.........................................55 Figure 2: Should there be an additional definition for “protected tree”? ......................................................55 Figure 3: Should the City adopt the industry standard for measuring tree diameter at 54-inch above ground? .............................................................................................................................................................................55 Figure 4: Should an arborist report be required when a request for removal of a protected tree is based on health, pest/pathogen, and/or when a tree is a heritage tree? ..................................................................56 Figure 5: What revisions should be made (if any) to the notification process? ...........................................56 Figure 6: Should staff study ways to de-incentivized illegal tree removals?.................................................56 Figure 7: Should staff review establishment of a Tree Fund? ............................................................................57 Figure 8: Should Pacifica require a 2:1 replacement for the removal of an otherwise healthy heritage/protected/City tree? .....................................................................................................................................57 Figure 9: Should staff review establishing a process for maintenance of replacement trees? ................57 Figure 10: Should staff review establishing in-lieu fees for trees not replaced on site? ...........................58 Figure 11: What is your level of satisfaction with the current care of street trees? ....................................58 Figure 12: Should the definition of “heritage tree” be more specifically defined?......................................59 Figure 13: Should there be an additional definition for “protected tree”? ....................................................59 Figure 14: Should the City adopt the industry standard for measuring tree diameter at 54-inch above ground? .............................................................................................................................................................................59 Figure 15: Should staff study ways to de-incentivize illegal tree removals?.................................................60 Figure 16: Should staff review establishment of a Tree Fund?..........................................................................60 Figure 17: Should staff review establishing in-lieu fees for trees not replaced on-site?...........................60 Figure 18: Should Pacifica require a 2:1 replacement for the removal of an otherwise healthy heritage/protected/City tree? .....................................................................................................................................61 Figure 19: Should an arborist report be required when a request for removal of a protected tree is based on health, pest/pathogen, and/or when a tree is a heritage tree? .....................................................61 Figure 20: What revisions should be made (if any) to the notification process? .........................................61 Figure 21: What is your level of satisfaction with the current care of street trees? ....................................62 Figure 22: Prior to this survey, what was your awareness of Title 4, Chapter 12: Preservation of Heritage Trees of the Pacifica Municipal Code........................................................................................................................62 Figure 23: The preservation of heritage trees in Pacifica is important because (select all that apply):.63 Figure 24: What are your top 3 preferred improvements for the heritage tree removal permit process? (choose up to 3)..............................................................................................................................................................64 Figure 25: The removal of a heritage tree should require tree replacement (select one):........................65 Figure 26: What types of education and public outreach regarding this topic do you prefer? (check all that apply).........................................................................................................................................................................66 Figure 27: Describe your interest/involvement with Pacifica’s City trees? (check all that apply)............67 Figure 28: Are City trees adequately managed?....................................................................................................68 Figure 29: Indicate your level of satisfaction with the current care of street trees. ....................................68

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Packet Pg. 299 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 1 Executive Summary
Executive Summary
Starting in 2020, the City of Pacifica began on a path to revamp the City’s existing Heritage Tree Ordinance. This included contracting with Davey Resource Group, Inc. (DRG), in 2021, to provide a robust community outreach and information gathering phase to help define desired changes that would meet both the community’s needs, as well as industry Best Management Practices (BMP) for tree preservation.

Together, these regulations have protected many trees from unnecessary removal.

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Packet Pg. 300 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Executive Summary 2
• Add a definition of “Protected Tree” to identify and protect trees of a specific size that are currently defined as heritage trees.
• Use the industry standard of diameter at breast height (DBH) to measure trunk diameter. • Require developers to protect trees defined as “heritage” or “protected” from construction activities, including trees on adjacent properties.
• Revise criteria for evaluating tree removal permit applications. • When a “protected” or “heritage” tree must be removed, require a minimum of two (2) replacement trees for every otherwise healthy tree that is removed. • Permit the use of in-lieu fees when trees cannot be replaced on site.

Key recommendations for revision to Chapter 14–Maintenance and Preservation of City Trees are:
• Protect all City trees, including trees not currently protected under Chapter 12.

For nearly 40 years, large, mature trees on private and public property have been protected from removal under Chapter 12 of Pacifica Municipal Code.

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Packet Pg. 301 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 3 Introduction
Introduction
Pacifica is a community that values its trees. People are drawn to the community, seeking quick access to outdoor recreation and green space. Community members are generally strong advocates for the preservation of existing trees, which is reflected in citizen advocacy groups, including Tree City Pacifica, Pacifica Climate Committee, and Pacific Beach Coalition.

In 2020, the City contracted with Davey Resource Group, Inc. (DRG) to review and update Chapter 12:

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Packet Pg. 302 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Introduction 4
◦ North County Fire Authority
● City Commissions
◦ Planning Commission
◦ Parks, Beaches, and Recreation Commission
◦ Emergency Preparedness and Safety Commission
◦ Beautification Advisory Committee
◦ Open Space and Parkland Advisory Committee
● Non-profits and advocacy groups
◦ Tree City Pacifica
◦ Pacific Beach Coalition
● Other agencies
◦ California Department of Forestry & Fire Protection
◦ Golden Gate National Recreation Area
◦ Pacific Gas & Electric
◦ Pacifica School District
◦ North Coast County Water District
◦ Homeowners Associations – Fairmont
◦ Residents through the webpage
Community Engagement
To gain insight into the opinions of the community, a robust community engagement process was implemented in order to engage with as many community members as possible to understand the values of the wider community and the concerns with the existing ordinance and the City’s urban forestry program. A complete summary of the results of community engagement is included in Appendix C: Community Engagement.

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Packet Pg. 303 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 5 Introduction
notifications on the opening and closure of the survey. The survey was promoted through the project website, the City website, Connect with Pacifica, and social media accounts. Two pop-up events were held on November 11th and 17th at Pacifica Beach Farmers Market, where DRG and City representatives encouraged community members to participate in the online survey.

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Packet Pg. 304 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Introduction 6
Challenges and opportunities that affect the care and maintenance of heritage and City trees were noted during the review process.

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Packet Pg. 305 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 7 Chapter 12–Preservation of Heritage Trees
Chapter 12–Preservation of Heritage Trees
Because the benefits of trees transcend property lines, many communities have ordinances to protect trees on private property from damage and removal. Tree preservation ordinances generally are intended to preserve large trees on private property for the sake of conserving canopy cover. A heritage tree designation is usually applied to trees that require special recognition and protection. In many instances, having both a definition for “protected tree” and “heritage tree” can protect even more trees.

Additional Discussion and Justification
The overall community benefits from trees on private property and the canopy that those trees provide.

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Packet Pg. 306 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 8
Purpose
Sec. 4-12.01. - Purpose.
(a) It is recognized that the preservation of heritage trees on public and private property is important for the following reasons:
(1) To continue to encourage and assure the continuance of quality development; (2) To protect and conserve the attractiveness, aesthetic and scenic beauty, and historic atmosphere of the City;
(3) To protect the environment and climatic balance of the City; (4) To aid in the reduction of air pollution by protecting the known capacity of trees to produce oxygen and ingest carbon dioxide;
(5) To help reduce potential damage from wind by decreasing wind velocity; (6) To provide shade;
(7) To act as a noise buffer; and
(8) To assist in the absorption of rainwater into the ground, thereby protecting against potential damages from soil erosion, mudslides and flooding, as well as reducing the cost of handling storm water by artificial means.
(b) In order to promote the health, safety, and general welfare of the citizens of the City, while recognizing individual rights to develop, maintain, and enjoy private property, it is necessary to enact regulations preserving and protecting trees on private or City-owned property within the City.

Section 4-12.01 provides a summary of the benefits of heritage trees and the reasons for which the community has chosen to extend protection to trees on both public and private property.

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Packet Pg. 307 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 9 Chapter 12–Preservation of Heritage Trees
Table 3: Other Key Challenges and Opportunities for Risk Management with Recommendations for Improvement
Key Challenges/Opportunities Recommendations
● Some residents are concerned about trees falling
on homes (whether founded or unfounded) or
improvements to views are desired and illegal
removals of trees sometimes occur.
● Adopt a risk management policy and set a
threshold of acceptable risk for protected and
heritage trees to increase transparency and
reduce subjectivity.

Definitions
Sec. 4-12.02. - Definitions.

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Packet Pg. 308 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 10
Section 4-12.02 defines “City”, “Director”, “Heritage tree”, “Owner”, “Person”, and “Private property”.

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Packet Pg. 309 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 11 Chapter 12–Preservation of Heritage Trees
“protected tree”. Similarly, 87% of participants indicated support for redefining the definition of “heritage tree” to be more specific about the trees that meet this designation.

City of Roseville “Protected Tree” any native oak tree greater than 6-inches diameter at breast height (DBH) measured as a total of a single trunk or multiple trunks.

City of Morro Bay Any Morro Bay resident may nominate any tree within the right-of-way to be considered for landmark tree designation that meets the following criteria: any

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Packet Pg. 310 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 12
specimen tree or grove of significant size, beauty, cultural heritage or habitat value; specimen tree or grove of significant habitat value for migratory birds and butterflies; native trees or groves of historical significance to local indigenous cultures; specimen tree or grove of agricultural significance and history; and specimen tree or grove older than eighty to one hundred years; any trees playing very important functional role in city parks or for city planning and maintenance; specimen trees or groves of significant planted by early settlers of Morro Bay.

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Packet Pg. 311 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 13 Chapter 12–Preservation of Heritage Trees
result of prolonged drought, so trees in irrigated sites may be more resilient. Protecting trees from removal should be evaluated on a case-by-case basis by a certified arborist.

Therefore, species that are classified as invasive or are a well-documented fire hazard (i.e., Eucalyptus globulus and E. camaldulensis) should not be eligible for protection.

Designation of Heritage Tree
Sec. 4-12.03. - Council designation of heritage trees.
(a) All trees within the City, exclusive of eucalyptus, which meet the size criteria set out in Section 4-

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Packet Pg. 312 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 14
Recommendations
Table 7: Key Challenges/Opportunities and Recommendations for Section 4-12.03 Key Challenges/Opportunities Recommendations
● The current definition of “heritage tree” is
primarily based on size criteria.
● Heritage tree definition does not provide special
recognition to native species, including Quercus
agrifolia (coast live oak), Quercus lobata (valley
oak), Aesculus californica (California buckeye),
Pinus radiata (Monterey pine), Sequoia
sempervirens (redwood), or Heteromeles
arbutifolia (toyon).
● Benchmark communities have protected trees
and recognize trees of greater significance to the
community through the designation of heritage
trees.
● Heritage tree definition does not account for
trees that pose an unreasonable risk to public
health.
● If one of the following criteria are met and trees
are in a condition that can be maintained in the
landscape so as not to create an unreasonable
risk shall be designated as a “heritage tree”:
◦ Quercus agrifolia (coast live oak), Quercus
lobata (valley oak), Aesculus californica
(California buckeye), Pinus radiata (Monterey
pine), and Sequoia sempervirens (redwood)
greater than 12-inches DBH
◦ Heteromeles arbutifolia (toyon) greater than
4-inches DBH
◦ Trees of historic value
◦ Specimen tree of any species
◦ Is one of the largest or oldest trees in Pacifica
◦ Significant habitat value
◦ Visibly prominent in the community
● Define “specimen tree”.
● Adopt a risk management policy and set a
threshold of acceptable risk for protected and
heritage trees to increase transparency and
reduce subjectivity.

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Packet Pg. 313 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 15 Chapter 12–Preservation of Heritage Trees
Tree Protection
Sec. 4-12.07. - Tree protection plans.
(a) Tree protection plan required. Any development proposal which requires a discretionary permit or other land use approval as set forth in Title 9 of this Code, and which includes a proposal to cut down, destroy, remove, move, or engage in construction within the dripline of a heritage tree, must be accompanied by a tree protection plan which shall insure the preservation of trees where possible and the protection of trees during construction so as to maximize chances for their survival. Such projects are excepted from obtaining a tree removal permit from the Director. The official or public body authorized to grant the development approval sought shall implement the purposes of this chapter by means of review and approval of the tree protection plan and may condition the plan to insure compliance with and to further the purposes of this chapter, including requirement of replacement plantings or an in lieu fee. Public notice of the proposal to remove trees shall be given in conjunction with and in the same manner as the notice requirements applicable to the permit or land use approval sought.
(b) Plan preparation. The plan shall be prepared by a qualified arborist, horticulturist, landscape architect or other qualified person.
(c) Plan content. The plan shall include all the information specified by Section 4-12.05 and the following additional information:
(1) Size, species, aesthetics, state of health, and dripline location of each tree that reaches to within twenty (20′) feet of any proposed development areas, including any areas where trenching or paving is proposed.
(2) Mitigating measures proposed to insure the survival of remaining trees through the construction process and thereafter.
(3) Size, species, and location of trees proposed to replace those proposed for removal. (d) Tree protection standards. Approval of the protection plan shall require compliance with the following standards:
(1) Identification. Trees proposed for removal shall be identified for field inspection by the Director, who shall post notice of the proposed removal as set forth in Section 4-12.09 (a) herein.
(2) Drip line protection. The applicant is responsible to use his or her best efforts to preserve all trees which are to remain on the project site. With respect to heritage trees, the following specific construction practices shall apply:
(i) Each heritage tree or group of trees to be preserved shall be protected by marking and fencing the entire dripline area prior to grading, paving, movement of heavy equipment, or other construction activity. Exceptions may be approved by the Director. (ii) The existing ground surface within the dripline of any heritage tree should not be cut, filled, compacted, or paved unless there is no other reasonable design alternative. (iii) All cuts or trenching within the dripline of a heritage tree and all root cuttings are to be made by hand. No backhoes or graders shall be used. Appropriate measures shall be taken to prevent soil upon exposed roots from drying out.

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Packet Pg. 314 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 16
(3) Landscape plans. Landscape plans, when required, must show the proposed landscaping within the dripline of trees and the proposed replacement plantings on site. (4) Nonconformance. In case of nonconformance with the tree protection requirements, the Director may issue a Stop Work Order until all requirements have been met. (5) Tree damage or destruction. Should unauthorized work or nonconformance lead to the threat of tree damage or destruction, the Director may issue a Stop Work Order and require mitigation of the damage.
(6) Performance security. Performance security, whether by security bond, cash deposit, or other security acceptable to the City, may be required prior to issuance of a permit in order to assure protection of trees on the site. The amount of any said performance security shall be One Thousand Five Hundred and no/100ths ($1,500.00) Dollars per tree or the value of the affected tree or trees, whichever is greater. Tree value shall be determined by the Director based on an accepted appraisal method in the landscape appraisal field. The performance security shall be forfeited if, prior to final building permit inspection, the Director finds that the tree has suffered permanent damage. If no permanent damage has occurred, the performance security shall be returned upon final building permit inspection. Funds collected through the forfeiture of performance security shall be used to replace trees in the community.

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Packet Pg. 315 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 17 Chapter 12–Preservation of Heritage Trees
Recommendations
Table 8: Key Challenges/Opportunities and Recommendations for Section 4-12.07 Key Challenges/Opportunities DRG Recommendations
● “[Q]ualified arborist, horticulturist, landscape
architect or other qualified person” is vague.
● Trees on adjacent properties can have roots that
extend beyond property boundaries and may be
affected by construction activities if they do not
have a tree protection plan.
● Tree protection plans are not required for trees
that are not directly affected by construction but
are within the site.
● Tree protection plan requirements do not meet
industry standard as defined by ANSI A300 Part
5 Construction (Appendix B).
● “Drip line” is not defined.
● Drip line does not adequately protect the critical
root zone for most trees in the landscape.
● Oversight is not required during construction to
ensure compliance with tree protection
measures.
● Performance security is up to the discretion of
the Director and is not required.
● There are concerns that after a removal permit is
approved, in conjunction with a building permit,
there are no visible indicators at the site for trees
that will be removed, and which trees will be
retained.
● Designate ISA Certified Arborist and/or ASCA
Consulting arborist or Certified Urban Forester as
qualified persons.
● Standardize what needs to be included in tree
protection plans, such as the elements identified
in Appendix A: Tree Protection Zones.
● Require tree protection plans to comply with
industry standards, including ANSI A300 Part 5
Construction.
● Require developers to protect trees that are on
adjacent properties, where likely impacts will
occur, from construction activities.
● Define the tree protection zone (TPZ).
◦ Calculate the area of the TPZ by ([TPZ radius]
² x 𝜋).
◦ Base the radius of the TPZ on the following:
▪ A minimum of six feet for trees less
than 4-inches in diameter.
▪ The diameter of the tree multiplied
by 1.5 feet for trees less than 24-
inches in diameter.
▪ The diameter of the trunk
multiplied by 2 feet for trees larger
than 24-inches in diameter.
● Define what Stop Work Order includes (i.e.,
suspending and prohibiting further activity
pursuant to grading, demolition, and building
permits [construction, inspection, and issuance
of certificates of occupancy]) until a mitigation
plan has been filed and approved by the Director.
● Require a performance security as a condition of
approval of any permit to ensure compliance
with the tree protection plan.
◦ Set the value of the performance security
based on the value of the tree as assessed by
the Guide for Plant Appraisal (10th Edition or
newer).

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Packet Pg. 316 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 18
● Require applicants to report within 24-hours to
the Director any damage or injury to trees.
● Implement an inspection schedule, where the
Director shall verify, in writing, that all preconstruction conditions have been met (tree fencing, erosion control, pruning, et.) and are in
place, and again post-construction to assess tree
health.
● Impose a penalty fee if trees or their roots are
damaged.

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Packet Pg. 317 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 19 Chapter 12–Preservation of Heritage Trees
Table 10: Benchmark Communities that Require Tree Protection During Construction/Development City/Town
Palo AltoLos GatosRosevilleMountain ViewPacific GroveMorro BayMontereyHalf Moon Bay Tree Protection Plan/Preservation Plan Yes Yes Yes No Yes No Yes Yes The current ordinance defines the protected area to be within the dripline of a tree. There are no specifications for design or prohibited activities within the protected area. While the definition of “drip line” is generally understood, the existing ordinance does not define the terminology. Furthermore, using the drip line (recognized by the industry as dripline) to define the area of protection will often result in underestimation of the critical root zone for most landscape trees.

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Packet Pg. 318 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 20
The following is provided as an example of the application of the above-mentioned variables and calculations:

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Packet Pg. 319 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 21 Chapter 12–Preservation of Heritage Trees
minimum of $10,000 and is required “prior to any grading, delivery of materials, or movement of heavy equipment onto the site, or issuance of any permits”. Palo Alto’s Tree Technical Manual includes security deposits, which as a condition of approval, may be required by the Director, a value of between 25% and 100% of the value of the tree as determined by the most recent edition of the Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers.

Regardless of the method, all appraised values must be “reasonable” and supported by documentation on how and why a value is determined.

Removal Policy
Sec. 4-12.04. - Permits required to remove or destroy trees.

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Packet Pg. 320 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 22
and its ability to host a plant which is parasitic to another tree which is in danger of being infested by the parasite;
(2) Whether the requested action is necessary for the economically viable use of the property; (3) The topography of the land and effect of the requested action on it; (4) The number, species, size, and location of existing trees in the area and the effect of the requested action upon shade, noise buffers, protection from wind damage, air pollution, historic value, scenic beauty and upon the health, safety, historic value, and general welfare of the area and the City as a whole;
(5) The number of healthy trees the parcel is able to support; and (6) Good forestry practices.
(d) The Director may refer the application to another department, committee, or person for a report or recommendation. The Director may also require the applicant to furnish a written report from a qualified horticulturist, arborist or licensed landscape architect acceptable to the Director. (e) In order to mitigate the adverse effects of tree removal, a tree removal permit may be conditioned upon tree relocation on-site, planting of replacement trees, or payment of fees in lieu thereof if on-site replacement is not feasible. No applicant shall be required to expend more on the replacement trees than the appraised value of the trees for which a permit is required. The Director shall determine the replacement value of the trees. If a fee in lieu thereof is imposed, the Director shall determine the value of the number and size of trees necessary to offset the loss of the heritage tree. If on-site replacement is not feasible, the Director may condition the permit on payment of such a fee in order to mitigate the tree loss without replacement plantings off-site. The applicant may be required to submit an evaluation, appraisal or replacement plan prepared by a qualified horticulturist, arborist or licensed landscape architect. (f) In his or her proposed decision on an application for such permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions.

The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.

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Packet Pg. 321 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 23 Chapter 12–Preservation of Heritage Trees
and upon the health, safety, historic value, and general welfare of the area and the City as a whole...”, the number of trees a parcel can support, and “good forestry practices”.

14.b
Packet Pg. 322 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 24
Table 12: Other Key Challenges and Opportunities for Urban Forestry Programming with Recommendations for Improvement
Key Challenges/Opportunities Recommendations
● There is no City Arborist to evaluate removal
permits.
● In lieu fees would need to be determined by
someone external from the City to appraise the
value of a tree appropriately and ethically.
● Require certified/consulting arborist report to
accompany removal permit applications when a
request is based on concerns for tree health,
pest/pathogen, and/or when the tree is a
heritage tree.
● Hire an independent contractor to provide
assessments for tree appraisal.

Additional Discussion and Justification
The criteria by which the Director is to evaluate the approval or denial of a removal permit is not clear.

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Packet Pg. 323 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 25 Chapter 12–Preservation of Heritage Trees
Emergency Response
Sec. 4-12.06. - Emergencies.
(a) In the event the condition of a tree requires immediate action for the safety of life or property, the tree may be removed upon the order of the Director or the Director of the Department of Public Safety or their authorized representatives.
(b) Employees of the City may take such action with regard to trees on City-owned property as may be necessary to maintain safety.
(c) Public utilities subject to the jurisdiction of the Public Utilities Commission of the State may take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities.

14.b
Packet Pg. 324 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 26
Building Permits
Sec. 4-12.08. - Building permits.

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Packet Pg. 325 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 27 Chapter 12–Preservation of Heritage Trees
Table 15: Other Key Challenges and Opportunities for Ordinance Awareness with Recommendations for Improvement
Key Challenges/Opportunities Recommendations
● Some members of the community may not be
aware of the ordinance to preserve heritage
trees. When architectural plans are drawn up,
some may assume that trees can be removed
only to learn that plans have to be reconsidered
when filing for a permit.
● Educate the community about the tree
preservation ordinance.

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Packet Pg. 326 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 28
Permits and Appeals
Sec. 4-12.09. - Notices of actions on permits and appeals. (a) The Director shall give public notice of the application and his or her proposed decision by:
(1) Posting a notice on the tree or on one of the trees so as to be visible from the street. If the notice is not visible when posted on the tree or trees, it may be posted in another visible location on the property;
(2) Delivering a notice in person or by first-class mail to a person who has made a written request to the Director; and
(3) Delivering a notice in person or by first-class mail to adjacent and abutting property owners to the tree or trees involved.
(b) Within seven (7) days, the proposed decision may be appealed to the Parks, Beaches, and Recreation Commission by filing a written notice of appeal with the Director. No person may trim, cut down, destroy, remove or move a heritage tree for which a permit appeal is pending. (c) The Parks, Beaches, and Recreation Commission shall fix the time and place for the hearing of the appeal and shall cause a written notice of the hearing to be mailed to the appellant and the persons mentioned in subsection (a) of this section at least five (5) days before the hearing. The Parks, Beaches, and Recreation Commission may approve, disapprove or modify the decision of the Director, including any conditions he or she may have imposed. (d) The decision of the Parks, Beaches, and Recreation Commission may be appealed to the Council by filing a notice of appeal with the City Clerk within seven (7) days of the date of the decision of the Parks, Beaches, and Recreation Commission. Appeals shall be heard and determined according to the procedures set forth in Chapter 4 of Title 1 of this Code. The Council may approve, disapprove, or modify the decision of the Parks, Beaches and Recreation Commission, including any condition it may have imposed.

14.b
Packet Pg. 327 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 29 Chapter 12–Preservation of Heritage Trees
Recommendations
Table 16: Key Challenges/Opportunities and Recommendations for Section 4-12.09 Key Challenges/Opportunities Recommendations
● The period to appeal is seven (7) days, which is
inconsistent with other periods for appeals.
● Only property owners directly adjacent to
proposed removals are notified of proposed
removals.
● Lack of awareness of permit requirements.
● Extend appeals period to ten (10) days., which is
consistent with other appeals periods.
● Post proposed removals on the City website and
allow interested persons to sign up for email
notifications for pending removal permits.
◦ Include information on pending appeals and
hearings information.
● Standardize the criterion for evaluating tree
removal permit applications.
● Require appellants to provide necessary
documentation to justify the reason for the
appeal.
◦ Consider revising the rights of appellants.

To reach a greater portion of the community, several communities list tree removals, including Palo

14.b
Packet Pg. 328 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 30
Alto and Mountain View, and their associated addresses on the City website. For example, the City of Sacramento lists permit requests which include pictures of trees, the address, the number of trees affected, and the reason for the removal on a Tree Removal Notification Page.

14.b
Packet Pg. 329 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 31 Chapter 12–Preservation of Heritage Trees
Fees and Penalties
Sec. 4-12.10. - Permits: Fees.

The fees for the permits required by this chapter shall be those adopted by the Council in its Administrative Policy No. 2.

Currently, per Administrative Policy No. 2, the Heritage Tree Permit Fee is set at $226 per hour and the Heritage Tree Permit Appeal Fee is set at $405.

Sec. 4-12.11. - Violations: Penalties.

Per the current ordinance, violators will be fined no more than $1,000, imprisonment (not exceeding six month), and civil penalties.

14.b
Packet Pg. 330 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 32
Key Challenges/Opportunities Recommendations
dead/dying tree or where risk cannot be
mitigated) as determined by an arborist
report.

14.b
Packet Pg. 331 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 33 Chapter 12–Preservation of Heritage Trees
of a tree, the civil penalty shall be in an amount not to exceed five thousand dollars per tree unlawfully removed, or the replacement value of each such tree, whichever amount is higher.” Whereas, Half Moon Bay has a tiered system, where the first heritage tree removed from private property without a permit is a fine of one-thousand dollars, the second heritage tree is a fine of two-thousand dollars, and any additional trees beyond the first two trees is a three thousand dollar fine. Comparatively, Palo Alto’s penalty structure allows for greater deterrence for illegally removing heritage trees but provides greater opportunity for offsetting the loss in benefits provided by a tree that was removed, by using those reparations to fund tree planting and maintenance of trees in the community. However, assessing the value of a tree requires the appraisal of a tree to be performed by a qualified arborist.

14.b
Packet Pg. 332 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 34
life-long (or life ending) consequences for a tree. Additionally, removing trees improperly poses concerns for public safety. The benefit of requiring a tree contractor license, is that there is an opportunity to ensure that a company understands local tree ordinances and is qualified to perform tree work to industry standards. To create greater accountability on the part of tree care providers, a special business license for tree care companies should be explored.

4.12.05 may require trees to offset the loss of a heritage tree, but there is no formal process for evaluating the most appropriate mitigation measures.

In the City of Palo Alto, the replacement standard is determined by the canopy of the tree that was removed. For example, a tree that was removed with a canopy of four to nine feet across, the

14.b
Packet Pg. 333 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 35 Chapter 12–Preservation of Heritage Trees
replacement trees must be the same species (unless determined otherwise by the director) with two 24-inch box trees or one 36-inch box tree. Alternatively, a tree that is removed with a 60-foot canopy spread must be replaced with a combination of both tree canopy and fees based on the value of the tree.

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Packet Pg. 334 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 12–Preservation of Heritage Trees 36
is that if a property owner replaces the tree that is proposed for removal, they have an opportunity to get their deposit back and if a property owner does not replace the tree, the City will have already collected funds to plant a tree elsewhere in the community. However, the plant-back deposit presents several challenges, including:
● Deposit may only fund the planting of one tree, where to sufficiently replace large mature trees would require the planting of multiple trees.
● Property owners may not select the best landscape stock available and/or not plant the replacement tree(s) properly, which can result in poor outcomes. ● Property owners could recover the deposit and thereafter allow the trees to die.

All reasons for which a plant-back deposit is not recommended.

Plant-back deposits are not recommended.

14.b
Packet Pg. 335 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 37 Chapter 14–Maintenance and Preservation of City Trees Chapter 14–Maintenance and Preservation
of City Trees
The community recognizes that City trees are a valued resource, a vital component of the urban infrastructure, and part of the City’s identity. Yet, currently, there are no protections for City trees that do not meet the definition of heritage tree. As a result, residents can remove trees without obtaining permission or seeking feedback from the greater community.

Scope and Intent
Sec. 4-14.01. - City tree maintenance and preservation—Scope and intent.

14.b
Packet Pg. 336 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 14–Maintenance and Preservation of City Trees 38 (a) Urban forest management should be conducted with the control or supervision of- or consultation with- persons who have professional credentials or other expertise to qualify as urban foresters or arborists;
(b) A plan for methodical, periodic inspection, care, and maintenance of City trees should be used.

Additional Discussion and Justification
Section 4-14.01 subsection (a) does not provide any specific professional credentials that would qualify a person as an urban forester or arborist.

City Tree Maintenance and Preservation
Sec. 4-14.02. - City tree maintenance and preservation—Policy and procedures.

14.b
Packet Pg. 337 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 39 Chapter 14–Maintenance and Preservation of City Trees Section 4-14.02 defines the policies and procedures as it pertains to “City trees”, including designating the Director of Public Works as having the authority over such trees.

14.b
Packet Pg. 338 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 14–Maintenance and Preservation of City Trees 40 Recommendations
Table 26: Key Challenges/Opportunities and Recommendations for Definitions of Terminology Key Challenges/Opportunities Recommendations
● No section with definitions for terminology used
within the chapter currently exists.
● Add a section with definitions.
◦ Define Director
◦ Define prohibited acts
◦ Define other terms as needed
Additional Discussion and Justification
The addition of a “Definitions” section would provide greater clarity and improve readability and understanding of the entirety of the chapter. All of the benchmark communities, excluding Monterey, have a definition section to accompany the chapters that relate to City trees. Providing the definition of “City Tree” early in the chapter would improve the readers’ understanding of what constitutes a City tree and how the ordinance is applied to such trees.

14.b
Packet Pg. 339 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 41 Chapter 14–Maintenance and Preservation of City Trees center of the trunk of any existing tree. Any tree with a center which is located within the four (4) foot measurement shall be deemed a City tree for maintenance purposes; (ii) Planting strip or greenbelt: No measurement. Occasionally, trees are located in planting strips which run between the street and the sidewalk. When a planting strip or greenbelt area exists between a public street and a sidewalk abutting a private property or residence, no measurement shall be taken. Trees located in this planting strip are designated as City trees for maintenance purposes, and trees located between the strip and the abutting property or residence are not City trees; (iii) No sidewalk (curb only): Four (4) feet. When there is only a curb abutting private property, but no sidewalk, and no delineated planting strip, the field measurement shall be four (4) feet, starting from the edge of the curb closest to the abutting property, measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4) foot measurement shall be deemed a City tree for maintenance purposes; (iv) No sidewalk or curb: Four (4) feet from street. When there is no sidewalk, and no curb, and no delineated planting strip, the field measurement shall be four (4) feet, starting from the edge of the asphalt of the City Street (notwithstanding any additional subsequent asphalt, paving or hardscaping installed), measured in a straight perpendicular line towards the property or residence, up to the center of the trunk of any existing tree. Any tree with a center which is located within the four (4) foot measurement shall be deemed a City tree for maintenance purposes. (3) The designation of any tree as a City tree means only that the City will include such tree in its maintenance and evaluation schedule—it does not create any additional rights, responsibilities, liabilities or presumptions on the part of the City. Moreover, the inclusion of any City tree in the "maintenance and evaluation schedule," as described in this chapter, means simply that the Director or his designee shall decide when, if, and how such a tree will be maintained in such a manner as to be consistent with intent and scope of this chapter as set forth in Section 4-14.01 (a) through (e) of this chapter. This may include, as determined by the Director or his/her designee, such maintenance program decisions as: the health or viability of a City tree; the maintenance schedule—if any—for a designated tree; whether and how a tree should be pruned or trimmed, and when; whether and how a tree should be removed, replanted or relocated; or, any other matter related to the care, placement, pruning, removal, relocation of any City tree.

14.b
Packet Pg. 340 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Chapter 14–Maintenance and Preservation of City Trees 42 Key Challenges/Opportunities Recommendations
● Trees may be in the rights-of-way, but the
current parameters that define a “City tree” do
not include many of these trees and therefore
the City does not maintain them, but the trees
are technically on public property.
● Section has a lot of information that is not
appropriate for an ordinance and should be
included in the Framework for Street Tree
Maintenance and Tree Removal.
● Explore alternative methodologies for defining
the City’s rights-of-way to easily identify, City
trees planted within the rights-of-way.
● Replace section with “Framework for Street Tree
Maintenance and Removal”.

14.b
Packet Pg. 341 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 43 Ordinance No. 636-C.S. and No. 673 C.S.

Ordinance No. 636-C.S. and No. 673 C.S.

Section 5. There is hereby adopted a prohibition of logging operations as herein above defined within the City of Pacifica.

Section 6. This ordinance is hereby declared to be an urgency measure pursuant to Government Code Section 36937 (b) and shall take effect immediately after its adoption.

14.b
Packet Pg. 342 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Ordinance No. 636-C.S. and No. 673 C.S. 44
Ordinance No. 673-CS
An Ordinance of the City Council of the City of Pacifica Amending Ordinance No. 636-C.S.

The City Council of the City of Pacifica does hereby ordain as follows:

Section 3. This Ordinance shall be effective thirty (30) days following the date of its adoption.

14.b
Packet Pg. 343 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 45 Ordinance No. 636-C.S. and No. 673 C.S.

General Recommendations
Table 29: Key Challenges/Opportunities and Recommendations for Ordinance No. 636 C.S. and No. 673 C.S.

12. ● If ordinances are to remain, the ordinances
should be accessible like the rest of municipal
code.

14.b
Packet Pg. 344 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) Ordinance No. 636-C.S. and No. 673 C.S. 46
The “Logging Ordinance” defines logging operations as “any removal, destruction or harvesting of twenty or more trees within one year from any parcel or contiguous parcels in the same ownership within the City of Pacifica.

14.b
Packet Pg. 345 Attachment: Attachment 2 - Staff Report from June 27, 2022 City Council Meeting [Revision 1] (5065 : Tree Ordinance Update) 47 Other Stakeholder Concerns Not Related to Ordinance Revisions Other Stakeholder Concerns Not Related
to Ordinance Revisions
Some stakeholders had concerns about the Pacifica’s trees or urban forestry program but were not or cannot be addressed or are not recommended. The following summarizes these other concerns:

Pacifica City CouncilAugust 22, 2022

Pacifica City Council
August 22, 2022