Agenda — Pacifica City Council, September 12, 2022 (part 2 of 2)

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

Seller (Vendor): Buyer:

Name Polydyne, Inc. Name: City of Pacifica
Address 1 Chemical Plant Road Address: 540 Crespi Drive City, State Zip: Riceboro, GA 31323 City, State, ZIP: Pacifica, CA 94044 Attn: Charles Scott Maria P. Aguilar
Phone: (916) 202-6191 Fax: 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#: 18.940741.52342.0000.000 – WWTP Chemical Expense 700 Pacific Coast Highway Pacifica, CA 94044
Order Date Ship Via Payment Terms
August 9, 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 equipment described below in strict compliance with the Quotation from Polydyne, Inc. dated 5-26-2022 (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 Polymer: Clarifloc WE-2123
(1 tote = 2,300 lbs)

18.940741.52342.0000.000 2,300 lbs $ 1.75 $ 4,025/tote
TOTAL $ 4,025/tote
Sales Tax : $ TBD
Shipping: $ 0
P.O. Total: $ 200,000.00 (Not to exceed)

9.a
Packet Pg. 200 Attachment: Purchase Agreement Polydyne FY 2022-23_Signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

PURCHASE AGREEMENT
Project Title: POLYDYNE, INC. – SUPPLY OF POLYMER (CLARIFLOC WE-2123) FY 2022-23

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 

9.a
Packet Pg. 201 Attachment: Purchase Agreement Polydyne FY 2022-23_Signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

PURCHASE AGREEMENT
Project Title: POLYDYNE, INC. – SUPPLY OF POLYMER (CLARIFLOC WE-2123) FY 2022-23

Page 3 ends

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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Packet Pg. 202 Attachment: Purchase Agreement Polydyne FY 2022-23_Signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

PURCHASE AGREEMENT
Project Title: POLYDYNE, INC. – SUPPLY OF POLYMER (CLARIFLOC WE-2123) FY 2022-23

Page 4 ends

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. 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

9.a
Packet Pg. 203 Attachment: Purchase Agreement Polydyne FY 2022-23_Signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

PURCHASE AGREEMENT
Project Title: POLYDYNE, INC. – SUPPLY OF POLYMER (CLARIFLOC WE-2123) FY 2022-23

Page 5 ends

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 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.

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.

9.a
Packet Pg. 204 Attachment: Purchase Agreement Polydyne FY 2022-23_Signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

PURCHASE AGREEMENT
Project Title: POLYDYNE, INC. – SUPPLY OF POLYMER (CLARIFLOC WE-2123) FY 2022-23

Page 6 ends

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. 205 Attachment: Purchase Agreement Polydyne FY 2022-23_Signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23) ATTACHMENT 1

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Packet Pg. 206 Attachment: Purchase Agreement Polydyne FY 2022-23_Signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23) polydyne.snf.com
1 Chemical Plant Road • P.O. Box 279 • Riceboro, GA 31323 USA • Tel 800.848.7659 • Fax 912.880.2078 May 26, 2022
Emailed to: [email protected]
Maria Aguilar, P.E.

Plant Manager
City of Pacifica
Department of Public Works – Wastewater
(415)336-4750
Subject: Price Adjustment for Emulsion Polymer
Dear Ms. Aguilar,
Polydyne Inc. would like to thank you for the opportunity to propose a price increase for our Emulsion Polymers used by the City of Pacifica. While we are sincerely appreciative for the opportunity to continue to supply our CLARIFLOC WE-2123 we must respectfully request relief in the form of a price adjustment due largely to significant cost increases for raw materials, freight services, Oil, Federal PPI index that effects plastics and materials, along with the ongoing COVID19 pandemic.

Continued high demand for finished polymers, coupled with a tight global supply of raw materials has driven the cost of these same raw materials to record high costs. Two key cost drivers of polymers, propylene and acrylonitrile, have seen substantial increases over the last 12 months. Propylene and acrylonitrile have increased more than 54% over the last 12 months. (Please see attached corresponding price graph) Another key material used in the manufacturing of our Emulsion products is oil. Oil over the last 12 months had increase 77%. Not only does this effect our raw material costs but it also effects the cost of freight which has seen a 40% increase over the last year. Due to the condition of not only the US economy but the World economy, everything is indicating that these trends will continue into the forceable future.

We also see the PPI Federal index’s that effect our industry continue to raise. The attached PPI shows a steady increase over the last year and is currently showing a 36.1% increase.

The cost to do business during the COVID19 pandemic has continued much longer than anyone had expected. Even though things are better the number of cases is again on the rise. There is not a standard metric to measure the cost impact to our business. Suffice it to say that the pandemic has impacted our costs for raw materials, freight, labor, energy, personnel, and administrative.

Polydyne has always made every attempt in the past to shield our customers from the volatility of “normal” market conditions. However, these last 12 months have been unprecedented in terms of escalating costs, have been anything but “normal”.

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Packet Pg. 207 Attachment: Purchase Agreement Polydyne FY 2022-23_Signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23) polydyne.snf.com
1 Chemical Plant Road • P.O. Box 279 • Riceboro, GA 31323 USA • Tel 800.848.7659 • Fax 912.880.2078 Effective July 1, 2022, we propose to supply CLARIFLOC WE-2123 at an adjusted unit price of $1.75/Lb. Your rate payers can be assured that our proposed price is still at or below current market price. With the uncertainty in the marked and a 1-year price proposal this could significantly benefit the City of Pacifica as key indicators are showing that costs associated with both manufacturing and delivering good will continue to raise through at least the majority of the year this proposal covers.

SNF is the largest producer of water soluble polymers in the US. Our highest priority to the City of Pacifica is to reliably supply your plant with the highest quality polymer you require to meet your operational demands.

Please be assured that we are closely monitoring all aspects of our business, and are working to always remain the low-cost supplier. We greatly appreciate your understanding of our position and the market factors that have necessitated this request. Please respond via email to [email protected] if this offer is acceptable.

We greatly appreciate your business and look forward to continuing our valued partnership. Should you have any questions, please feel free to contact Charles Scott, Technical Sales Representative, at (360) 931-5566.

Best regards,
Charles Scott
Technical Sales Representative

9.a
Packet Pg. 208 Attachment: Purchase Agreement Polydyne FY 2022-23_Signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23) polydyne.snf.com
1 Chemical Plant Road • P.O. Box 279 • Riceboro, GA 31323 USA • Tel 800.848.7659 • Fax 912.880.2078 Over the last 12 months oil is up 77%

9.a
Packet Pg. 209 Attachment: Purchase Agreement Polydyne FY 2022-23_Signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23) polydyne.snf.com
1 Chemical Plant Road • P.O. Box 279 • Riceboro, GA 31323 USA • Tel 800.848.7659 • Fax 912.880.2078 Over the last 12 months key Cationic raw
materials Propylene and Acrylonitrile are
up 54%

9.a
Packet Pg. 210 Attachment: Purchase Agreement Polydyne FY 2022-23_Signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23) polydyne.snf.com
1 Chemical Plant Road • P.O. Box 279 • Riceboro, GA 31323 USA • Tel 800.848.7659 • Fax 912.880.2078 Over the last 12 months Freight is up 40%
and Diesel is up 64%

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Packet Pg. 211 Attachment: Purchase Agreement Polydyne FY 2022-23_Signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23) polydyne.snf.com
1 Chemical Plant Road • P.O. Box 279 • Riceboro, GA 31323 USA • Tel 800.848.7659 • Fax 912.880.2078

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Packet Pg. 212 Attachment: Purchase Agreement Polydyne FY 2022-23_Signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

Page 1 ends

PURCHASE AGREEMENT
CITY OF PACIFICA – WASTEWATER DIVISION

PURCHASE ORDER
Seller (Vendor): Buyer:

Name Trojan Technologies Name: City of Pacifica
Address 3020 Gore Road Address: 540 Crespi Drive
City, State Zip: London, ON N5V4T7 CANADA City, State, ZIP: Pacifica, CA 94044 Attn: Heather Conine Maria P. Aguilar
Phone: (760) 648-3289 Fax: 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#: 18.940741.52341.0000.000 – WWTP UV Supplies &
Services
700 Pacific Coast Highway
Pacifica, CA 94044
Order Date Ship Via Payment Terms
FY 2022-23 - 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 Trojan Technologies dated 08-08-2022 (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
(Approximate)
Unit Price Extension Delivery
Date
1 Lamp Assembly 441169-024 18.940741.52341.0000.000 50 $ 553.00 $ 27,650.00 2 Ballast 490291 18.940741.52341.0000.000 20 $1,314.83 $ 26,296.60 3 Acticlean Gel 901507 18.940741.52341.0000.000 4 $ 213.95 $ 855.80 4 Wiper Seal Kit 445039 18.940741.52341.0000.000 40 $ 246.50 $ 9,860.00 5 Sleeve 441143-024 18,940741.52341.0000.000 18 $ 422.51 $ 7,605.18 6 Cylinder Kit 442645 18,940741.52341.0000.000 1 $1,549.76 $ 1,549.76 5 UV4 MCB Board Kit 18,940741.52341.0000.000 2 $6,181.50 $12,363.00 TOTAL
(Approx.)
$86,180.34
Sales Tax (9.375%): $ TBD
Shipping: $ TBD
P.O. Total: $ 100,000.00 (Not to Exceed)

9.b
Packet Pg. 213 Attachment: TrojanPartsFY2022-23PurchaseAgreementSigned (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

PURCHASE AGREEMENT
Project Title: TROJAN TECHNOLOGIES – Trojan UV4000 Parts Supplies FY 2022-23

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
Vendor: TROJAN TECHNOLOGIES GROUP ULC
Authorized Signature:

Name:

Title:

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

9.b
Packet Pg. 214 Attachment: TrojanPartsFY2022-23PurchaseAgreementSigned (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

PURCHASE AGREEMENT
Project Title: TROJAN TECHNOLOGIES – Trojan UV4000 Parts Supplies FY 2022-23

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.

9.b
Packet Pg. 215 Attachment: TrojanPartsFY2022-23PurchaseAgreementSigned (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

PURCHASE AGREEMENT
Project Title: TROJAN TECHNOLOGIES – Trojan UV4000 Parts Supplies FY 2022-23

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.

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.

9.b
Packet Pg. 216 Attachment: TrojanPartsFY2022-23PurchaseAgreementSigned (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

PURCHASE AGREEMENT
Project Title: TROJAN TECHNOLOGIES – Trojan UV4000 Parts Supplies FY 2022-23

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.

9.b
Packet Pg. 217 Attachment: TrojanPartsFY2022-23PurchaseAgreementSigned (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

PURCHASE AGREEMENT
Project Title: TROJAN TECHNOLOGIES – Trojan UV4000 Parts Supplies FY 2022-23

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.

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Packet Pg. 218 Attachment: TrojanPartsFY2022-23PurchaseAgreementSigned (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23) Contract Addendum Rev. 2020 - TUV Page 1
Confidential - Company Proprietary
Contract Addendum to Purchase Order Acct# 18.940741.52341.0000.000 City of Pacifica – UV Supplies and Services for Calera Creek Water Recycling Plant (the “Project”) Parties: City of Pacifica (“Customer”) Date: August 18, 2022 Trojan Technologies Group, ULC (“Supplier”)
Recitals: Customer and Supplier are entering into a contract for the Project and, for convenience, are using Customer’s standard contract forms (“Customer’s Base Contract”) for the purchase of Supplier’s goods and/or services (“Goods” and/or “Services”). This Addendum is intended to provide reasonable revisions to Customer’s Base Contract to enable the parties to enter a contract for the Project without prolonged or complex negotiations over terms and conditions. Accordingly, the parties incorporate this Addendum into the Customer’s Base Contract and make it an integral part thereof, taking precedence over any contrary or related terms or conditions that may be contained therein, in any purchase orders, or in any other writings, addenda or exhibits constituting part of the agreement between the parties (collectively, the “Agreement”).

Revisions: Notwithstanding anything to the contrary contained in the Agreement, the following provisions and rules of construction apply:

1. Services. The Services shall be limited to those services specifically described herein. For the avoidance of doubt, and without limitation, Supplier has no responsibility for the supervision or actions of Customer’s employees or contractors or for non-Supplier items (e.g., chemicals or equipment) and disclaims all liability and responsibility for any loss or damage that may be suffered as a result of such actions or items, or any other actions or items not under Supplier’s control. The good and services provide by Trojan would be as per UV specification section 11350 and Quote# MW-233731.

2. Indemnification. Any and all indemnification obligations imposed upon Supplier are limited to the extent of those damages proportionately caused by Supplier’s breach of the Agreement, negligence, wrongful conduct, or violations of law.

In no case is Supplier liable for any damages caused by negligence, misuse or misapplication of goods by others. For nongovernment customers, Supplier’s indemnification obligations are provided on the condition that Customer defends, indemnifies and holds harmless Supplier against those damages to the extent proportionately caused by misuse or misapplication of goods, negligence, wrongful conduct, or violations of law by the Customer, its affiliates, or those in privity with them.

3. Limitation on Liability. THE TOTAL LIABILITY OF SUPPLIER AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES,

DIRECTORS, OFFICERS AND AGENTS ARISING OUT OF PERFORMANCE, NONPERFORMANCE, OR OBLIGATIONS IN

CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, DELIVERY, AND/OR USE OF GOODS AND/OR SERVICES IN NO

CIRCUMSTANCE INCLUDES ANY LIQUIDATED, PENALTY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, NOR

EXCEED THE TOTAL AMOUNT OF COMPENSATION ACTUALLY PAID TO SUPPLIER UNDER THE AGREEMENT, EXCEPT ONLY IN THE CASE OF DAMAGES ARISING DUE TO SUPPLIER’S WILLFUL MISCONDUCT.

4. Warranty. Supplier warrants the Goods in accordance with its then-current standard warranty covering the specific Goods ordered, generally under which Supplier warrants to the Customer that during the period ending 18 months after the delivery date or 12 months after the start-up date, whichever occurs first, Goods which are manufactured by Supplier will be free from defects in material and workmanship and will function in accordance with the specifications specified in any quotation. If Supplier breaches this warranty and the Customer notifies Supplier of such breach within 30 days of the end of the applicable warranty period, Supplier will, at its option, either replace or repair the nonconforming Goods, or re-perform any nonconforming Services, or refund the amounts paid by Customer to Supplier for the nonconforming Goods and/or Services. SUPPLIER’S WARRANTY CONTAINS THE EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. SUPPLIER EXPRESSLY DISCLAIMS ANY REMEDIES OF “COVER” AND ANY WARRANTIES IMPLIED BY LAW, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5. Intellectual Property; Information Technology; Privacy. Supplier retains all rights in and to any intellectual property and confidential information created or procured by it or its representatives at any time, and Customer receives licenses to use such intellectual property and information only to the extent provided by implied license under applicable law. No Customer information technology requirements apply, except the extent such requirements specifically apply to equipment being sold to Customer. To help ensure mutual compliance with applicable privacy laws, Customer will not provide to or share with Company any personal data or personally identifiable information.

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Packet Pg. 219 Attachment: TrojanPartsFY2022-23PurchaseAgreementSigned (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23) Contract Addendum Rev. 2020 - TUV Page 2
Confidential - Company Proprietary

6. Performance Guarantees. All product warranties and performance guarantees shall only be enforceable if (a) all equipment is properly installed, inspected regularly and is in good working order, (b) all operations are consistent with Supplier recommendations, (c) operating conditions at the Customer site have not materially changed and remain within anticipated specifications, and (d) no reasonably unforeseeable circumstances exist or arise.

7. Acceptance and Set-off. Except to the extent agreed upon in writing by Supplier’s CFO, all Goods and Services are deemed accepted upon delivery and early payment discounts do not apply. All payments are due Net 30 days from Supplier’s invoice and pay-when-paid clauses shall not apply. Any set-off rights in the Agreement notwithstanding, Customer bears the customary burden of proof with respect to any amounts invoiced by Supplier but not paid by the invoice due date. This revision does not adversely impact any of Customer’s rights under Supplier’s warranties.

8. Payment Terms.
- 10% after approved submittal
- 85% upon delivery of equipment to site
- 5% upon equipment acceptance or 60 days after delivery (whichever occurs first) - Net 30 Days

9. Funds Transfers (Payments). The parties both recognize that there is a risk of banking fraud when individuals impersonating a business demand payment under new banking or mailing instructions. To avoid this risk, Buyer must verbally confirm any new bank or mailing instructions by calling Supplier and speaking with Supplier’s accounts receivable contact before mailing or transferring any monies using the new instructions. Both parties agree that they will not institute mailing or bank transfer instruction changes and require immediate payment under the new instructions but will instead provide a ten (10) day grace period to verify any payment instruction changes before any new or outstanding payments are due using the new instructions.

10. Force Majeure. Supplier is excused from performance of its obligations under this Agreement to the extent caused by acts or omissions that are beyond its control, including but not limited to Government embargoes, blockages, seizures or freezing of assets, delays, or refusals to grant an export or import license, or the suspension or revocation thereof, or any other acts of any Government; fires, floods, severe weather conditions, or any other acts of God; quarantines; epidemics and pandemics; labor strikes or lockouts; riots; strife; insurrections; civil disobedience or acts of criminals or terrorists; war; material shortages or delays in deliveries to Supplier by third parties. In the event of the existence of any force majeure circumstances, the period of time for delivery, payment terms, and payments under any letters of credit will be extended for a period of time equal to the period of delay. If the force majeure circumstances extend for six months, Supplier may, at its option, terminate this Agreement without penalty and without being deemed in default or in breach thereof.

11. Miscellaneous. Except to the extent signed by a duly authorized representative of an affiliate of Supplier, the Agreement does not bind any affiliates of Supplier. Supplier is not subject to any audit rights in favor of the Customer, except for audit rights (under reasonable conditions) directly related to Supplier’s compliance with laws and regulations (e.g., safety) which are directly applicable to Supplier’s Goods and/or Services purchased under this Agreement. Supplier is not obligated to purchase or carry Professional Liability or E&O Insurance coverage, provide copies of Supplier’s policies, or provide waivers of subrogation. Supplier may include Customer and their Affiliates as an Additional Insured party. Nothing in the Agreement supersedes or nullifies this Addendum. Supplier’s obligations under the Agreement will only be modified by written agreement of Supplier through the same duly authorized representative who signed this Addendum, or such person’s duly authorized successor. Except as provided herein, neither party agrees to any contractual clause or provision, that waives such party’s ordinary and standard rights, including, but not limited to, the right to retain party’s own counsel and each party’s right to determine facts and circumstances in the event of a dispute.

IN WITNESS WHEREOF, the Parties have caused this Addendum to be executed by their duly authorized representatives, intending thereby to be legally bound.

City of Pacifica: Trojan Technologies Group, ULC:

By: ______ By:

Name: _______ Name: _______
Title: Title:

Date: Date:

Maria Aguilar
Deputy Director - DPW/WW
8/22/22

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Packet Pg. 220 Attachment: TrojanPartsFY2022-23PurchaseAgreementSigned (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23) ATTACHMENT 1

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Packet Pg. 221 Attachment: TrojanPartsFY2022-23PurchaseAgreementSigned (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

QUOTATION
QO0000544

TROJAN TECHNOLOGIES
3020 GORE ROAD
LONDON, ON N5V 4T7
CANADA
T. 519-457-3400
www.trojantechnologies.com
Sold to Ship to
CITY OF PACIFICA Calera Creek WWTP
170 SANTA MARIA AVENUE Water Recycling
Pacifica CA 94044-2506 700 Pacific Coast Hwy
UNITED STATES Pacifica CA 94044-0099

UNITED STATES
Customer Service Contact : [email protected] Payment Terms : 0% / 00 / 30 net Internal Sales Rep : Heather Conine Delivery Terms : Customer No. : 100003393
Carrier/LSP : Reference :

Quote Date : 08-08-2022
Quote Expiry Date : 12-31-2022
Project Quantity Price Unit Net Price Tax Rate
Line Item Discount % Net Amount Tax Amount Amount
Description

50.00 553.00/ EA 553.00 0.00%
10 441169-024 27,650.00 0.00 27,650.00
LAMP P, ASSY PKG 24" UV4000 G2

20.00 1,314.83/ EA 1,314.83 0.00%
20 490291 26,296.60 0.00 26,296.60
BALLAST, REPLACEMENT KIT UV4G2

4.00 213.95/ CS 213.95 0.00%
30 901507 855.80 0.00 855.80
CLEANER, ACTICLEAN GEL 4X4L

40.00 246.50/ EA 246.50 0.00%
40 445039 9,860.00 0.00 9,860.00

SEAL KIT, WIPER W/TFE BEARING

18.00 422.51/ EA 422.51 0.00%
50 441143-024 7,605.18 0.00 7,605.18
SLEEVE, PACKAGED UV4000 24

1.00 1,549.76/ EA 1,549.76 0.00%
60 442645 1,549.76 0.00 1,549.76
CYLINDER REPLACEMENT KIT, 316S

2.00 6,181.50/ EA 6,181.50 0.00%
70 917538 12,363.00 0.00 12,363.00
BOARD KIT, UV4 MCB

1.00 605.50/ EA 605.50 0.00%
80 FREIGHT 605.50 0.00 605.50

FREIGHT & HANDLING
Freight Quote 6300
48x40x30
325 lbs
Goods 86,180.34 Discount 0.00 Tax Amount Total USD
Costs 605.50 Subtotal 86,785.84 8,136.19 94,922.03

Page 1 ends

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Packet Pg. 222 Attachment: TrojanPartsFY2022-23PurchaseAgreementSigned (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

QUOTATION
QO0000544

TROJAN TECHNOLOGIES
3020 GORE ROAD
LONDON, ON N5V 4T7
CANADA
T. 519-457-3400
www.trojantechnologies.com
Page2/3

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Packet Pg. 223 Attachment: TrojanPartsFY2022-23PurchaseAgreementSigned (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

QUOTATION
QO0000544

TROJAN TECHNOLOGIES
3020 GORE ROAD
LONDON, ON N5V 4T7
CANADA
T. 519-457-3400
www.trojantechnologies.com
Terms and Conditions
All purchases of Trojan products and/or services are expressly and without limitation subject to Trojan's Terms and Conditions of Sale ("Trojan" or "SELLER"), incorporated herein by reference and published on Trojan's website https: www.trojantechnologies.com/sales-terms-conditions/ Trojan TCS are incorporated by reference into each of Trojan's offers or quotations, order acknowledgments, and invoice and shipping documents. The first of the following acts shall constitute an acceptance of Trojan's offer and not a counteroffer and shall create a contract of sale ("Contract") in accordance with the Trojan TCS, subject to Trojan's final credit approval: (i) Buyer's issuance of a purchase order document against Trojan's offer or quotation; (ii) Trojan's acknowledgement of Buyer's order; or (iii) commencement of any performance by Trojan in response to Buyer's order. Provisions contained in Buyer's purchase documents that materially alter, add to or subtract from the provisions of the Trojan’s TCS shall be null and void and not considered part of the Contract.
www.trojantechnologies.com/sales-terms-conditions
Page3/3

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Attachment: Emergency Purchase Memo - Herc Rental signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

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Attachment: Emergency Purchase Memo - Herc Rental signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

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Attachment: Emergency Purchase Memo - Herc Rental signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

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Attachment: Emergency Purchase Memo - Herc Rental signed (5109 : Annual Agreements over $50,000 for DPW-WW FY 2022-23)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
9/12/2022
1 SUBJECT:

Consultant Agreement for Smoke Testing Services between the City of Pacifica and Total Flow, Inc. in connection to the Wastewater Collection System Smoke Testing FY 2022-2023 (C038A) RECOMMENDED ACTION:

Approve Consultant Agreement for Smoke Testing Services between the City of Pacifica and Total Flow, Inc. in the amount of $182,632 in connection to the Wastewater Collection System Smoke Testing FY 2022-2023 (C038A); approve budget authority in the amount of $210,000 which includes 15% contingency in the amount of $27,368; authorize the City Manager to execute all documents related to the project.

STAFF CONTACT:

Rey Mendez, Acting Collection System Manager
(650) 738-4660
[email protected]
Maria Aguilar, P.E., Deputy Director of Public Works (Wastewater) (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 Wastewater Collection System Smoke Testing FY 2022-2023 (C038).

The City’s existing sewer mainlines, in many areas, have loose pipe joints, cracks, and sections of deteriorated pipes. During heavy storm events, these deficiencies enable the storm water to seep into the pipes, further damaging the pipes and significantly increasing the amount of flow in the pipes. Moreover, storm water may enter the sanitary sewer system at points of direct connection to the system due to defective sewer laterals and basement sump pumps improperly or illegally connected to sewer systems.

The City’s wastewater collection system is subject to significant amounts of outside water entering the system (known as infiltration and inflow or I&I), resulting in high peak flows during wet weather events. As a result, sanitary sewer overflows (SSO) have occurred at several locations in the system during these large storm events. In 2011, the City entered a Consent Decree with the non-profit, Our Children's Earth Foundation, and received a Cease-and-Desist Order (CDO) from the San Francisco Bay Regional Water Quality Control Board (RWQCB) due to problems with SSO. Both actions required the City to put in place several SSO-reduction strategies.
10 Packet Pg. 231
Pacifica City Council 2
September 12, 2022
The Pedro Point Sewer Rehabilitation Project, which improved roughly 15,000 linear feet (LF) of sewer mains and cut peak wet weather flows (PWWFs) in half in that area, and the Linda Mar Flow Equalization Basin Project, which gives the City flexibility in addressing and cutting PWWFs to the City's Calera Creek Water Recycling Plant (Plant), are two projects that were implemented to address the I&I problem. The City has also finished a number of other rehabilitation and repair projects to decrease I&I. Moreover, since 2011, approximately 3,000 private sewer laterals, or about 25-percent of the laterals in the system have also been replaced as part of the City’s Sewer Lateral Replacement Program, as bad lateral connections can significantly add to the I&I problem.

In August 2021, the update to the Collection System Master Plan (Master Plan) was completed taking system modifications into account, evaluating expected flows, and identifying system capacity upgrade projects. The Master Plan study found areas of potential I&I that included illicit discharges of surface runoff on private property as well as defective service laterals in various areas that included Pedro Point, Linda Mar and Park Pacifica. The storm events in October and December 2021, which sent significant high flows into the Collection System and to the Plant, confirmed the City’s wastewater collection system’s significant I&I problem and the need for this issue to be aggressively addressed. Infiltration of storm water (of any amount) into the sanitary sewer system increases the possibility of overflow of untreated wastewater during storm events and potential of environmental and property damage.

The main method used to detect and locate direct inflow water sources into sewer systems is smoke testing. Smoke testing is a common test method used to identify sections of a sanitary sewer collection system that have defects such as cracks, leaks or faulty connections that allow rainwater to enter the underground sewer pipe network. The process involves blowing a harmless smoke into sanitary sewers at manholes and recording observations of where the smoke emerges from the ground, from sewer or drainage structures, or from buildings (called “smoke returns”). The smoke returns indicate the potential pathways of unwanted flow into the sanitary sewer system from various sources including private sewer laterals. Research has shown that 65% of unwanted water inflow to sewer systems come from locations other than the main sewer lines. Smoke testing has been used by sewer utilities for over 40 years and is a vital tool for success in locating areas of I&I. The smoke used for smoke testing sewers is specifically manufactured for this purpose, and leaves no residuals or stains, is odorless and non-toxic and has no adverse-affects to humans, pets, plants, food, or material items.

The Wastewater Collection System Smoke Testing FY 2022-2023 (C038A) (Project) will conduct smoke testing of the sanitary sewer system in the neighborhoods of Linda Mar, Pedro Point and Park Pacifica. These areas were identified in the Updated Master Plan as having the highest peak infiltration/inflow (“I/I”) rates. Although the replacement of sewer mainlines in Pedro Point and some areas in lower Linda Mar have shown reductions in I&I, the I&I problem is still high in the Linda Mar drainage basin.

The City continues to fund the Sewer Lateral Replacement Program that helps with the cost of residential sewer lateral replacements and has recently increased the annual fund amount to $200,000. This will allow residents with lateral connections that are contributing to the City’s I&I problem to access $2,000 in grant funding from the City to help with the repair cost. In addition, the approved 5-year Capital Improvement Program for FY 2022-2027 includes the replacements of the remaining sewer mainlines in Lower Linda Mar in the amount of $10,000,000.

On August 12, 2022, the Wastewater Division issued a Request for Proposal (RFP) for professional consulting services to perform smoke testing of the City’s sanitary sewer system in the Linda Mar, Pedro Point and Park Pacifica areas. On September 1, 2022, five consultants provided proposals with costs as shown below:
10 Packet Pg. 232
Pacifica City Council 3
September 12, 2022
Proposer Fee
Total Flow, Inc. $182,632
V&A Consulting Engineers, Inc. $186,249
ADS Environmental Services $197,889
Duke’s $277,047
National Plant Services $305,426
The low-cost proposal was from Total Flow, Inc. Along with cost, staff reviewed the Consultant’s qualifications and methods for completing the work provided in the proposal. Staff held a conference call with the Consultant to ensure that they understood the requirements of the project. Staff also verified their references and were satisfied. Although all the above consultants were deemed qualified to complete work required for the Project, staff determined Total Flow, Inc. was qualified to perform the work for the lowest cost.

Accordingly, the City Manager recommends award of the contract to Total Flow, Inc. The Project is expected to commence soon after award of contract.

City staff along with the consultant will provide sufficient public notification prior to the smoke testing. Notifications will include Connect with Pacifica and other social media postings, newspaper notifications, advanced direct notifications to residents and as well as notifications 48 hours prior to the to smoke testing. The Consultant is also required to notify emergency services (Police and Fire dispatch) and the County Dept. of Environment Health. The Project will commence as soon as the City Council approves the agreement as the testing must be completed during the dry season. It is anticipated that the project will be completed by the end of October 2022.

ALTERNATIVE ACTION:

Council may choose not to approve the Consultant Agreement for Smoke Testing Services; however, this will result in project delays, possible increase of services costs, and prevent identification of sources of direct inflow to the City’s sewer system that contribute to high I&I.

Staff does not recommend this alternate action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the Consultant Agreement for Smoke Testing Services is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure and Maintaining a Safe Community: The Smoke Testing of the sanitary sewer will be used to detect cracks/connection issues in the sewer system where unwanted water is entering the City’s sewer system. Findings will be used to correct and fix the system thus help reduce the I&I in the Collection System.

FISCAL IMPACT:

The cost of Smoke Testing is $182,632.00. City staff recommends including a 15% contingency for any additional work that may arise. The Source and Use of Funds spreadsheet is shown below.
10 Packet Pg. 233
Pacifica City Council 4
September 12, 2022
Total Use of Funds
Smoke Testing $ 182,632.00
Contingency (15%) $ 27,368.00
Total Cost $ 210,000.00
Total Project Source
Enterprise Fund (Fund 34) Account No. $ 300,000.00

34.900000.52800.C038.000
Estimated Project End Balance $ 90,000.00
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 $210,000 is within the project budget of $300,000 allocated for Wastewater Collection System Smoke Testing FY 2022-2023.

ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:

CollectionSystemSmokeTestingFY22-23 Map (PDF)
ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (PDF) 10 Packet Pg. 234

10.a
Packet Pg. 235 Attachment: CollectionSystemSmokeTestingFY22-23 Map (5111 : Consultant Agreement for Smoke 1 CONSULTANT AGREEMENT FOR SMOKE TESTING SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this 12TH day of September, 2022, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and TOTAL FLOW, INC., a corporation (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires Smoke Testing services in connection with the Wastewater Collection System Smoke Testing FY 2022-2023;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

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

ARTICLE 1 - SCOPE OF SERVICES

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

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

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

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

CONSULTANT agrees that the Services shall be performed consistent with the professional skill and care ordinarily provided by environmental consultant practicing in the same or similar locality under the same or similar circumstances. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services.

Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.

1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY.

10.b
Packet Pg. 236 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing 2 1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.

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

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

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

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $182,632.00 ("Cost Ceiling").

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT

10.b
Packet Pg. 237 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing 3 shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

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

2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.

CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by November 30, 2022.

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

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

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

ARTICLE 4 - DESIGNATED CONTACTS

4.1. CITY Contact. CITY designates Rey Mendez, its Acting Collections Manager, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.

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

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Packet Pg. 238 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing 4 ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.

CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense. The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

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

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

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

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

C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement,

10.b
Packet Pg. 239 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing 5 at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.

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

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

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

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

F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option,

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Packet Pg. 240 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing 6 may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.

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

If to CITY: City Manager
540 Crespi Drive
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT:Jeff Blum
23520 Foley Street, Unit B
Hayward, CA 94545
Phone: (510) 774-9223
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS

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

7.2. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations

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Packet Pg. 241 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing 7 hereunder without the prior written consent of the other party. As limited by this Section

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

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

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

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

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

7.7. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.

7.8. Attorney’s Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

7.9. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.

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Packet Pg. 242 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing 8 7.10. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.

7.11. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF PACIFICA
By: _________________________________ Date
Kevin Woodhouse, City Manager
Attest: Approved As To Form
By: By: ____________
Sarah Coffey, City Clerk Michelle Marchetta Kenyon,
City Attorney

CONSULTANT
TOTAL FLOW, INC.

By: Date
By: Date
September 7,2022
Louis Jeffrey Blum TFI/President

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Packet Pg. 243 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing

EXHIBIT A

SCOPE OF WORK

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Packet Pg. 244 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing RFP 5
The City of Pacifica Perform Smoke Testing
Project Understanding
In the City’s efforts to maintain the sanitary sewer system and reduce I&I sources, smoke testing of the Pacifica Community will be performed on approximately 232,813 linear feet of pipe. In this section, we will discuss our technical approach. Our understanding and ability to provide unparalleled resources and expertise in sewer smoke testing work will lead to cost-effective and expeditious work for The City. Most importantly, because of our extensive prior smoke testing experience, there will be no learning curve required, we can begin rapidly, and the quality of work is unparalleled.

Smoke testing is a quick method of detecting infiltration & inflow (I&I) sources in the sanitary sewer system. Smoke testing will detect specific inflow points such as storm sewer cross-connections. Smoke testing will also locate point source inflow leaks in drainage paths or ponding areas, roof leaders, yard and area drain, foundation drains, abandoned building sewers, and faulty service connections.

Using a portable, Ripcord gasoline-powered smoke blower located over the maintenance hole, smoke is pressurized through the sewer lines. The smoke travels through the selected sewer sections and escapes through sewer defects that could allow rainwater and or groundwater to enter into the sewer system. The smoke is water-soluble, non-toxic, odorless, non-staining, and dissipates soon after the blower is shut down. Up to three reaches of pipe, or a maximum of 1000 linear feet of sewer line, will be tested at a time. Smoke testing will not be done when weather conditions prevent accurate testing results. Weather conditions like fog, high winds, and smoke from wildfires could stop work until conditions improve.

Each smoke test source site is recorded on an iPad using File Maker Pro. The TFI Field Team collects all pertinent data on forms and digitally photographs for permanent documentation using iPad devices. Data forms are then inputted into a Microsoft Excel database. Sketches of the setup and defects are linked to the database. A sample TFI smoke testing forms and samples of completed smoke testing work are in Appendix B – Smoke Testing Forms.

Smoke Testing Project Technical Approach
A carefully developed approach to The City’s smoke testing project requires a thorough understanding of The City’s requirements and objectives. This understanding along with TFI’s ability to provide unparalleled resources and expertise in sewer smoke testing will lead to costeffective and expeditious work for The City.

TFI’s approach is designed to provide The City with responsive service that is cost-effective in the long term. Because of our prior experience with smoke testing, no learning curve will be required, and we can begin rapidly. Each task is broken out as follows:

Task 1 – Collect Sewer System Maps
Task 2 – Prepare Smoke Testing Notices
Task 3 – Prepare Traffic Control Plans.

Task 4 – Prepare Pre-Smoke Testing Notification
Task 5 – Smoke Testing
Task 6 – Data Organization
SCOPE OF WORK 10.b
Packet Pg. 245 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing RFP 6
The City of Pacifica Perform Smoke Testing
Task 7 – Results and Report Preparation
Task 8 – Project Management
Task 1 – Collect Sewer Maps Smoke Testing Plan
Before starting smoke testing, The City will provide TFI with copies of its sanitary sewer maps showing the streets and boundaries of the areas to be smoke tested with maintenance hole numbers. TFI will confirm the structure numbering system, the drainage basins, and the reaches of pipe The City has designated for smoke testing.

TFI anticipates that this task will be accomplished during the first week after notice to proceed.

See the Proposed Time Line for Smoke Testing at the end of this section.

The City has determined where the smoke testing will begin. This area will be complete with GIS drainage maps. Smoke testing will be done in one map area to minimize the disruption to the communities. Standard traffic control plans are in the appendix.

Task 2 – Prepare Smoke Testing Notices
TFI understands that notification is essential to The City. A public relations process and public notification process must be prepared prior to and during the smoke testing program. All notifications will be provided by The City. The notification package will consist of several types of fact sheets and forms as described below:
● 72-Hour Advance
Smoke Test Notice
A second notice to be distributed 24 to 72 hours in advance of the smoke testing work. Commonly asked questions
are addressed on this form, and the same HOTLINE
number is provided.

Other forms that are Available
● Phone Contact Form This form will gather similar data to the homeowner/ building contact form. This form is used only for those calling in for information.
● Frequently asked
Questions (FAQ)
The person answering the telephone calls will be provided with this form to assist with responses to commonly asked questions. ● Smoke Testing Air
Quality Facts
This fact sheet provides detailed information of the smoke composition.
● Sewer Basin Drainage
Maps
Provided by The City, these maps will show the boundaries of the areas to be smoke tested.
● Street Boundary
Description
A detailed listing of the street names which border or identify the area being smoke tested.
● Sewer Line Smoke
Testing Facts
This form provides general information, describing who is conducting the testing work, where the test areas are located, what is involved, and what the presence of smoke indicates.

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Packet Pg. 246 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing RFP 7
The City of Pacifica Perform Smoke Testing
● Smoke Test Setup
Form
This form is used by TFI when smoke testing a sewer line. It documents the manhole location, street address, sewer number, date, and time of the smoke test. See the Appendix B for a sample form.
● Smoke Test Defect
Form
Used by TFI to identify defects found while smoke testing. See the Appendix B for a sample form.

Samples of TFI’s notices listed above are displayed in the Appendix B.

Deliverables for Task 2
Smoke testing Notice, final field and office logs.

Task 3 – Prepare as Needed Traffic Control Plans
Traffic Control Plan - If required, a Traffic Control Plan will be developed, containing maps showing the location of the work, and a schedule for all planned activities including dates and times of day where traffic controls are required. Note: currently TFI anticipates few nonstandard traffic control plans. This is due to the fact that if a manhole is in a difficult location, it would be safer to setup in an adjacent location and blow the smoke through the difficult manhole. However, if it becomes necessary to develop a Traffic Control Plan, it will be reviewed by The City staff for approval. TFI recognizes the following constraints:

1. Rush hour limitations (e.g., 6:30 a.m. to 8:30 a.m. and 3:30p.m. to 6:00 p.m.) as well as holiday shopping traffic will be considered.

2. Street closures near schools will not be scheduled during pick-up and drop-off times.

Deliverables for Task 3
Standard Traffic Control Plans, Site Specific Control Plans.

Task 4 – Pre-Smoke Testing Notification
Prior to commencing smoke testing, TFI will locate all emergency services (i.e. police and fire departments) prior to smoke testing and will notify them of the location of the smoke test and the date the test will be performed. TFI will also notify the public works department of The City and the citizens being affected by the smoke test.

Prior to smoke testing, TFI will locate all sensitive areas (i.e. hospitals, schools, and factories) and prepare information to be handed to a representative of the organization.

Advanced notices will be hand-delivered to the residents and businesses at least one week before smoke testing. The two days before the smoke testing is conducted, TFI will distribute 24 to 72-hour notices to all residents and businesses affected by the test. TFI uses 8” by 11” paper. 8” by 11” allows for more information to be put on the flyer. They could also be printed as needed with the date of testing to be done. These notices are placed at the door or gate if access is not available. For businesses, they hand-delivered to the owner or employee if the owner is not available. We will also deliver notices to schools and daycare with special

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Packet Pg. 247 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing RFP 8
The City of Pacifica Perform Smoke Testing
instructions on locating all water traps. We also make every attempt to smoke test schools after classroom hours. We understand that we will be accessing the private property and our courtesy and respect for the residents is of the utmost importance and concern. For advancing the schedule, the City may allow only one notice to the community. Other parts of the community were smoke tested last year, thus the community may have some understanding of what smoke testing is. This history should help with the overall understanding of the project.

Deliverables for Task 4
24-72-hour or week of notification of upcoming smoke testing.

Task 5– Smoke Testing
Prior to the start of smoke testing each day, the smoke testing location is communicated to local police and fire departments. In addition, the public works department is notified of the smoke testing location daily.

The safety of residents, and that of the TFI field crew is of the utmost importance. Caution is used at all times when working in high traffic areas. Proper traffic control devices are used to divert traffic safely around open maintenance holes and field equipment. TFI has specially made “smoke testing ahead” signs. We find these very useful to have in case of distracted drivers. The field crew wears safety vests to alert drivers of their presence. Proper safety equipment is always used. The TFI field crew is fully aware of the dangers associated with entry into the sewer runs, including the possibility of atmospheres deficient in oxygen or containing high levels of carbon monoxide, hydrogen sulfide, or methane gas. TFI Confined space plan and smoke testing plan detail the method of performing work, operational and rescue procedures and the necessary formalities for planning and approving confined space entry.

The City will provide access to all maintenance holes by ensuring that they are not buried or paved over, and they will give access to any private property involved in the smoke testing.

The maintenance hole used for the setup is opened. After allowing it to vent for a short time, a Ripcord gasoline-powered smoke blower is placed over the maintenance hole. TFI usually carries two maintenance hole blowers and one lateral blower. Directional plugging in the sewer lines may be done if/when necessary. The sanitary flow is not blocked because of the possibility of surcharging and overflow. Each setup is logged on the Smoke Testing Setup form (See Appendix B for a sample). The smoke blower is started and allowed to run for a couple of minutes prior to adding smoke.

Total Flow uses a 3-man smoke testing crew. A crew chief who decides which maintenance hole/pipe section to test. The crew chief stays at the setup structure to watch over equipment and manage onlookers. The crew chief will also manage the setup log sheet. Superior® liquid smoke is used to generate smoke. TFI crews prefer to use liquid smoke for safety, and it is more continuous. Smoke is blown into the maintenance hole. Once smoke is viewed coming out of roof vents and neighboring manholes the two field-crew members walk all the way around each building, wherever possible, to check for defects. Each field crew member is equipped with an iPad, flag stakes, and measuring tape, photographs are taken of each smoke

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Packet Pg. 248 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing RFP 9
The City of Pacifica Perform Smoke Testing
return. TFI has found it useful to take multiple pictures of the smoke return. The first photo is of the property; the second is a close-up of the property's address. TFI will then photograph the defect. The defect picture will be a faraway shot to show property with landmarks and drainage area. Then a close picture is taken to indicate the type of defect found. The photographs are linked to the database and are time-stamped. By linking the photographs to the database, we find that the whiteboard is unnecessary. A stake is left at the defect location to allow the crew to move rapidly through the neighborhood. They will return to each “flagged” site to further document the defect in detail. The flag is then removed.

TFI has also uses a lateral smoke blower that can be setup on cleanouts to smoke an individual property if required. This is useful in the event of properties with backflow preventers which do not allow smoke to travel up the laterals. If there is a backflow preventer TFI would go return and smoke test those houses individually with a lateral smoke blower. TFI is concerned about the liability of handling a backflow preventer and will not disable them.

Observations regarding each defect, identified by smoke, are documented in a sketch. The sketch includes location, address or house number, data, and a schematic layout of the maintenance hole and sewer line under testing. Measurements from at least two permanent reference points to the smoke emission point are included on the sketch. These sketches are done on the iPad or a sheet of paper scanned and linked to the database.

Following each setup, the field crew chief reviews the setup with the crew and notes the total number of defects found on the setup form. The field crew chief marks on the sewer map the area that was smoke tested. If data sheets are used, all data sheets are handed to the field crew chief at the end of each setup.

When residents approach the crew with questions, the field crew will politely answer short questions and refer the people to the HOTLINE number. At the end of each day, a review of the basin map for the next day’s smoke testing is done, and 24 to 72-hour notices are distributed.

Task 6 – Data Organization
The smoke testing data is collected at the end of each day. The forms are verified to ensure that they have the correct basin number, date, etc. All digital photographs are uploaded to an electronic forms database for storage and later printing. A defect database is created and updated on a daily basis. A clean copy of the sewer maps is updated to include the defect location described in the defect form and the sketches are scanned.

Task 7 – Results and Report Preparation
After the smoke testing field services have been completed, all collected field data is reviewed and a separate report is prepared for The City. All field logs are bound into a draft report and the defect summary table is completed. Two copies of the draft report are prepared, and each includes:
● A source defect analysis for the defects detected by the smoke testing which assigns a potential leak rate for each defect to develop a ranking based on the severity of the defect. An estimated breakdown of the percentage of leakage attributable to public

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Packet Pg. 249 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing RFP 10
The City of Pacifica Perform Smoke Testing
property and private property defects will also be provided, and recommendations for corrective action will be made.
● One (1) copy of all field inspection forms for The City’s system. The field inspection forms shall include all field observations, photographs and inspections notes and will be color copied and provided on CD-ROM or flash drive.
● One (1) copy of the sewer system map for The City, annotated to cross reference the location of each defect described in the field inspection forms.

Deliverables for Task 7
It is anticipated that a copy of the draft report will be available to The City two weeks from completion of the smoke testing. Once the City has reviewed the draft report and has submitted comments back to TFI, a final report incorporating The City’s comments will be prepared.

Two copies of the final report will be submitted to The City. This will include the electronic database and summary tables.

Task 8 – Project Management
Effective project management is essential for keeping projects within budget and on schedule.

TFI recognizes that budget and schedule control, and timely reporting of results, will provide The City a cost-effective smoke testing program and report. We routinely implement project management and control systems that are tailored to meet project needs. As project manager, Jeff Blum will have overall responsibility for the project, and will serve as the point of contact with The City.

TFI will provide The City with up-to-date status and progress on the smoke testing activities through daily phone calls, faxes, and email. Continued close working relationships as well as constant communication will permit The City to closely monitor our work. TFI understands the importance for continued and effective communications among all parties involved in the project.

Deliverables for Task 8
Monthly summaries, status, and invoices

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Packet Pg. 250 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing EXHIBIT B-1

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Packet Pg. 251 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing Task
Project
Manager
Office
Technicians
3 man field
Crew
notification
crew OCD
Total TFI
Labor Cost
$165 $121 $404 $250
Task 1 – Collect Sewer Maps Review with Cli $165 $165
Kick off Meeting $990 $121 $1,111
Task 2 – Prepare Smoke Testing Notices $165 $16,000 $16,165 Task 3- Prepare Traffic control plans $165 $165
Task 4 – Pre-Smoke Testing Notification* $165 $16,000 $16,165 Task 5 – Smoke Testing $6,600 $125,409 $3,360 $132,009
Task 6 – Data Organization $4,840 $4,840
Task 7 – Field Results and Report Preparation $6,600 $968 $7,568 Task 8 – Project Management $3,960 $484 $4,444
Total Labor Cost $18,810 $6,413 $125,409 $32,000 $3,360 $182,632 linear ft of
main line
price per
linear ft.

Total Smoke Testing 232813 $0.78446 $182,632
Optional
Smoke test Individual properties with
lateral Blower each $250 $250
* if we drop one of the notifications 232813 $0.715 166,467 Jeff Blum/President
Total Flow Inc.
23520 Foley St. Unit B
Hayward Ca 94545
(510) 774-9223 [email protected]
City of Pacifica Smoke Testing Program
2022
Labor Hours per week
TFI Staff

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Packet Pg. 252 Attachment: ConsultantAgreement SmokeTesting Services Total Flow Inc Revised TFI Signed (5111 : Consultant Agreement for Smoke Testing

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
9/12/2022
1 SUBJECT:

Adoption of Ordinance repealing and replacing Pacifica Municipal Code Chapter 12 - Tree Preservation and Chapter 14 - Maintenance and Preservation of City Trees RECOMMENDED ACTION:

Move to Adopt 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) 738-377
[email protected]
Lisa Petersen, Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

These ordinances were introduced at the regular meeting of the City Council under a noticed public hearing held on August 22, 2022 and are now being brought back for adoption.

The proposed Ordinance would repeal and replace Chapter 12 (Preservation of Heritage Trees) and Chapter 14 (Maintenance and Preservation of City Trees) within Title 4 of the Pacifica Municipal Code. The proposed Ordinance would, update various definitions in Chapter 12, including the definition of a “heritage” tree and grove of trees; create a new definition for “protected” tree; and require tree protection plans from developers for tree impacts. The Ordinance would also prohibit certain activities relating to “protected” trees including affixing signs to or topping of any “protected” tree and require a tree removal permit removal of a “protected” tree.

The Ordinance would also require a 2:1 tree replacement for “protected” tree removals; use the industry standard for measuring tree diameter at 54-in. above the ground (diameter at breast height); require an arborist report for removal “protected” trees; provide a City website notification for removal of “protected” trees; disincentivize illegal tree removals and establish a Tree Fund. It would allow for in-lieu fees for trees not replaced on site; require a permit if 15% of a “protected” tree is pruned; waive a removal permit for dead or dying trees; allow the Public Works Director to designate trees as certain “heritage” trees; set replacement trees to be a minimum of 1.5-in., measured with calipers and at least a 15-gallon tree unless otherwise approved by the Director.

The Ordinance would exempt certain tree removals from the “protected” tree permit requirements. The Ordinance would also add new violation and penalty provisions including the 11 Packet Pg. 253
Pacifica City Council 2
September 12, 2022
collection of the full cost of replacing mature “protected” trees that are illegally removed, in addition to a fine of up to $1,000.

The Ordinance would also update the definitions in Chapter 14 pertaining to “City” trees and standards for the inspection, maintenance and removal of “City” trees and establish a permit process for the removal of a “City” tree and requirements for public notice of an application for “City” tree removal and an appeal process. The Ordinance would also add new violation and penalty provisions including the collection of the full cost of replacing mature “protected” trees that are illegally removed, in addition to a fine of up to $1,000.

Section 4.12.10-Fire Mitigation Programs was added to allow any tree removals undertaken by the City as part of a fire mitigation program shall be exempt from requirements of this Chapter.

The proposed Ordinance also repeals logging ordinances 636-CS and 673-CS. Attachment A is the redline copy adding requests from the City Council as discussed at the August 22, 2022 meeting.

It is therefore the City Manager's recommendation to adopt the ordinances entitled “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 Relating To Trees”.

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. Staff does not recommend this action.

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 adopt these ordinances.

ORIGINATED BY:

Engineering
ATTACHMENT LIST:
11 Packet Pg. 254
Pacifica City Council 3
September 12, 2022
Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (DOCX)
11 Packet Pg. 255
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September 12, 2022
ORDINANCE NO. (ID # 5110)
ORDINANCE NO. ___________

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 RELATING TO TREES WHEREAS, the City of Pacifica (City) has previously adopted and codified the The Preservation of Heritage Trees, in Chapter 12 of Title 4 of the Pacifica Municipal Code pursuant to Ordinance No. 542-C.S.;
WHEREAS, the City of Pacifica (City) has previously adopted and codified the The Preservation of Heritage Trees, in Chapter 14 of Title 4 of the Pacifica Municipal Code pursuant to Ordinance No. 733-C.S.;
WHEREAS, the City wishes to continue to encourage and ensure quality development, to protect and conserve the attractiveness, aesthetic and scenic beauty, and historic atmosphere of the City; and to protect the environment; WHEREAS, the maintenance and preservation of trees will contribute to a reduction of air pollution; provide shade and reduce the effects of urban heat islands; reduce stormwater runoff and improve infiltration 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, and other beneficial effects for the City.

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

Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.

Section 2. Environmental Analysis. 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.

Section 3. Repeal and Replace. Chapter 12 (Preservation of Heritage Trees) and Chapter 14 (Maintenance and Preservation of City Trees) within Title 4 of the Pacifica Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Tree Preservation - Chapter 12
11 Packet Pg. 256
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September 12, 2022
Sec. 4-12.01 - Purpose.
(a) It is recognized that the preservation of protected trees on public and private property is important for the following reasons:
(1) To continue to encourage and ensure quality development; (2) To protect and conserve the attractiveness, aesthetic and scenic beauty, and historic atmosphere of the City;
(3) To protect the environment;
(4) To reduce air pollution;
(5) To decrease wind velocity and reduce potential wind damage; (6) To provide shade and reduce the effects of urban heat islands; (7) To act as a noise buffer;
(8) To reduce stormwater runoff and improve infiltration 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. (9) To sequester carbon dioxide in woody and foliar biomass; (10) To lower the demand for electricity and natural gas. (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. The provisions of this chapter apply to all areas within the jurisdiction of the City of Pacifica.

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) “ANSI A300 Standards” shall refer to the American National Standards Institute (ANSI) for Tree Care Operations—Tree, Shrub and Other Wood Plant Maintenance-Standard Practices.
(b) “Arborist report” shall refer to a report prepared by a qualified arborist that may include, as determined by the Director, information concerning the location of, and potential impacts of proposed development on one or more City trees or private protected trees. (c) "City" shall mean the City of Pacifica, acting by and through its authorized representatives.
(d) "Director" shall mean the Director of the Department of Public Works of the City, or his or her designee.
(e) “Diameter” or “DBH” shall be the diameter of a tree measured at a standard height of four and half (4.5’) feet or fifty-four (54”) inches above grade (referred to as diameter at breast height). Multi-stemmed trees shall be measured by averaging the diameters of the stems. (f) “Deleterious substances” shall mean any materials that are detrimental to tree health including, but not limited to paint, petroleum products, concrete, and other harmful substances.
(g) “Dripline” shall refer to an imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground.
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(h) “Dying tree” shall refer to a tree that cannot be reasonably mitigated to extend its useful lifespan.
(i) “Grove” shall mean a natural grouping or cluster of ten (10) or more trees of any species with a minimum diameter of six (6”) inches in diameter. The grove may exist on an individual parcel or contiguous parcels.
(j) "Heritage tree" shall mean any tree that meets the criteria set forth in Section 4-

12.08:
(k) "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.
(l) "Person" shall mean an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives. (m) "Private property" shall mean and include all property not owned by the City or another public agency.
(n) “Protected tree” shall mean and include:
(1) All trees on public and private property within the City of Pacifica, which have a trunk with a diameter of twelve (12″) inches or greater at DBH. (2) Any Heritage Tree designated by the Director.
(3) Any groves of trees.
(4) Eucalyptus and any species determined invasive by the California Invasive Plants Council are not protected by this chapter, except groves of trees and as the director may deem otherwise.
(o) “Public property” shall mean property owned by the City of Pacifica, but not limited to, parks, playgrounds, rights-of-way, streets, facilities, and other property regularly used by the general public.
(p) “Qualified arborist” shall mean a person who is certified as an arborist by the International Society of Arboriculture (ISA) with an active ISA certification number or a person who is a registered consulting arborist with the American Society of Consulting Arborists. (q) “Regulated work” shall mean tree pruning or any act or actions that could cause irreparable damage, adversely impact health; including but not limited to excessive pruning, cutting, girdling, poisoning, overwatering, relocating, trenching, excavating, altering the grade, or paving within the dripline of a tree, or result in the death of, a protected tree requiring a permit and as listed in Section 12-4.05. Regulated work does not include routine maintenance. (r) “Remove” shall mean and include complete removal of a tree, including its root ball, or cutting down to the ground.
(s) “Routine maintenance” shall mean irrigating, applying mulch, mowing, or trimming grass or other ground cover close to a tree.
(t) “Significant Pruning” shall mean pruning of more than 15% of the functioning leaf and stem area of a Protected tree or any pruning roots that are tow (2”) inches in diameter or greater.
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(u) “Specimen or significant tree” shall refer to an individual tree determined by the Director that due to species, age, historical significance, aesthetic and/or ecology provides unique or intrinsic value to the community.
(v) “Stop Work Order” shall refer to the suspension and prohibition of further activity on the property needing a City permit or having City-issued permits until a mitigation plan has been filed with and approved by the Director, agree to in writing by the property owner(s), and either implemented or guaranteed by the posting of a performance security. (w) “Topping” or “topped” shall mean the practice of the removing tops of trees, or large branches or trunks from tops of trees, leaving large stubs or lateral branches that are too small to assume the role of a terminal leader.
(x) “Trenching” shall mean any excavation to provide irrigation, install foundations, utility lines, services, pipe, drainage or other property improvements below grade. (y) “Tree protection and preservation plan” shall mean the plan prepared by a qualified arborist, submitted by the applicant, and approved by the Director that details existing tree conditions and the measures that will be used to protect trees during development, construction, and landscaping activities.
(z) “Trunk protection zone” or “TPZ” shall mean the area of ground extending out from the trunk of a tree in all directions where activity is prohibited to protect tree roots.

Sec. 4-12-.03 - Prohibited Activities.

It is unlawful for person not employed or designated by the City to do any of the following with Protected Trees or City Trees as defined in Chapter 14 of Title 4 of this Code:
(a) Affixing any signs, lights, wire, rope, or hardware to a protected tree; (b) Placing or maintain any stone, pavement or other substance so that it impedes access of water or air to the roots of any protected tree; (c) Topping or any other practice that is considered unacceptable under the current ANSI A300 standards of a protected tree;
(d) Placing or storing construction equipment or construction material within the trunk protection zone of a protected tree;
(e) Applying any harmful or deleterious substance within the trunk protection zone of a protected tree.

Sec. 4-12.04 - Applications for Tree Removal Permits.
(a) Tree Removal Permit. Any person who desires to remove a protected tree or City tree as defined in Chapter 14 of Title 4 this Code shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree or trees involved, a statement of the reason for the removal, and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City staff will assess the need for a permit related to dead/dying tree(s). An arborist’s report including an ISA basic tree risk assessment form will be required for removal of a protected tree(s) needing a permit. No person may perform regulated 11 Packet Pg. 259
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work for which a permit application is pending. By submitting the application the property owner certifies the Director, staff, or any agent of the City may enter the property where the tree is located for fourteen (14) calendar days after the application is received by the City. (b) Within fourteen (14) calendar days after the receipt of the application, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and shall issue a proposed decision to approve or deny the tree removal permit and setting forth the conditions to be imposed. The Director shall give notice of the application and proposed decision pursuant to Section 4-12.07 herein.
(c) A tree removal permit shall be granted based on the following criteria:
(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services;
(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, and general welfare of the area and the City as a whole; and
(5) The number of healthy trees the parcel is able to support. (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) To mitigate the adverse effects of tree removal, a tree removal permit shall include conditions that require relocation of tree(s) on-site as recommended by a certified arborist, and/or replacement planting of a minimum of two (2) replacement trees for every otherwise healthy tree removed and may be required to pay the replacement value of the mature Protected Tree minus the cost of the two replacement trees or payment of the full replacement value of a mature tree or trees 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 utilizing the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.
(1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. (2) 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. (3) Replacement trees shall be planted to the satisfaction of the Director and in the event the original replacement tree(s) fail to establish, a subsequent replacement tree(s) shall be required.
(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. 11 Packet Pg. 260
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(g) If an application for a building permit would require any removal of a protected tree or trees, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree removal permit under this chapter. (1) The Director may require submission of additional information as necessary, including but not limited to photographs.
(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) All decisions and deadlines regarding the building permit will be suspended until the final decision regarding the tree permit has been made. (5) Tree removal based off a tree removal permit shall not occur until all required grading/and or building permits have been issued.
(6) Once a building permit has been submitted, the Planning Director may issue a grading permit if the Director determines it would advance public health and safety. (h) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.
(i) The Director shall have the authority to require property owners to remove any tree or other plant materials from private property if it is determined by the Director to be interfering with streetlights, signals, and signage or any other public infrastructure or the resident may choose to pay for relocation of the infrastructure at their own expense.

Sec. 4-12.05 - Applications for Tree Pruning Permits.
(a) Tree pruning permit. Any person who desires to perform Significant Pruning on any part of a Protected Tree or City tree as defined in Chapter 14 of Title 4 this Code shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree(s) involved, a statement of the reason for the pruning and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City Staff will assess the need for a permit related to dead/dying tree(s). No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the director staff, or any agent of the City may enter the property where the tree is located for (14) calendar days after the application is received by the City.
(b) Within fourteen (14) calendar days after the receipt of the application for a pruning permit, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and issue a proposed decision to approve or deny the tree pruning permit and setting forth the conditions to be imposed. The Director shall give notice in accordance with Section 4-12.07 herein.
(c) The Tree Pruning permit shall be granted by the Director based on the following criteria:
(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services;
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(2) Whether the requested action is necessary for the economically viable use of the property; and
(3) Pruning will be conducted in accordance with ANSI A-300 Standards. (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 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. (f) If an application for a building permit would require any significant pruning of any part of a protected tree or City Tree as defined in Chapter 14 of Title 4 of this code, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree pruning permit under this chapter.
(g) The Director may require submission of additional information as necessary, including but not limited to photographs.
(h) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit. (i) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (j) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.

Sec. 4-12.06 - Applications for Tree Encroachment Permits. (a) Tree encroachment permit. Any person who desires to relocate or transport a Protected Tree, or apply fertilizers or chemicals, grading, clearing, excavating, adding fill soil, trenching, boring, compacting, or paving within fifty (50’) feet of a Protected Tree or City tree as defined in Chapter 14 of Title 4 this Code shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree(s) involved, a statement of the reason for the requested action and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City Staff will assess the need for a permit related to dead/dying tree(s). No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the director staff, or any agent of the City may enter the property where the tree is located for (14) calendar days after the application is received by the City.
(b) Within fourteen (14) calendar days after the receipt of the application for the tree encroachment permit, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and issue a proposed decision to approve or deny the tree pruning permit and setting forth the conditions to be imposed. The Director shall give notice in accordance with Section 4-12.07 herein.
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(c) A Tree Encroachment permit for relocating or transporting a protected tree, applying fertilizers or chemicals, grading, clearing, excavating, adding fill soil, trenching, boring, compacting, or paving within fifty (50’) feet of a Protected Tree or City Tree shall be granted based on the following criteria:
(1) If the applicant cannot achieve its goals without performing regulated activities.
(2) The proposed regulated activities comply with ANSI A300, to ensure the safety or health of the tree(s) during pruning or other regulated activities. (3) Any regulated activity described in subsection (5) of subsection (m) of Section 4-12.02 shall adhere to the provisions of Section 4-12.08 of this chapter. (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 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. (f) If an application for a building permit would require persons to relocate or transport a protected tree, or apply fertilizers or chemicals, grading, clearing, excavating, adding fill soil, trenching, boring, compacting, or paving within fifty (50’) feet of a protected tree on private property, pruning of any part of a of a protected tree or City Tree, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree encroachment permit under this chapter and must comply with the following:
(1) The Director may require submission of additional information as necessary, including but not limited to photographs.
(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) While the tree encroachment application process is underway, the building permit and associated administrative deadlines will be suspended until the tree permit decision and any appeals is finished.
(g) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.

Sec. 4-12.07 - Notices of actions on all Tree Removal, Pruning and Encroachment Permits Appeals.
(a) Upon receipt of a tree removal, pruning, or encroachment permit, 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;
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(2) Delivering a notice by first-class mail to a person who has made a written request to the Director; and
(3) Delivering a notice by first-class mail to adjacent and abutting property owners to the tree or trees involved. The City will post notice of application and the Director’s proposed decision for tree removal permits on the City website.
(b) Within ten (10) Calendar 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 perform regulated work for which a permit appeal is pending. (1) Proposed decisions involving dead/dying trees as determined by the Director may not be appealed.
(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 ten (10) Calendar 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 ten (10) calendar 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.

Sec. 4-12-.08 - Designation of Heritage Trees.
(a) All trees currently known to meet the following criteria within the City of Pacifica are hereby designated as Heritage Trees:
(1) Any trees that are of the species Quercus agrifolia (coast live oak), Quercus lobata (valley oak), Aesculus californica (California buckeye), Pinus radiata (Monterey pine), or Sequoia sempervirens (redwood), which have a trunk diameter of twelve (12”) inches or more; or
(2) Any trees that are of the species Heteromeles arbutifolia (toyon) which have a trunk diameter of four (4”) inches DBH or more.
(3) The Director may also designate Heritage Trees that meet any of the following criteria:
i. Tree(s) of historic value;
ii. Specimen tree(s) of any species;
iii. Any tree of substantial size of its species;
iv. is one of the largest and oldest trees in Pacifica; or v. Significant habitat value.
(b) Upon designation of any Heritage Tree, the Director shall post on the City’s website and on any newly designated Heritage Tree a Notice of Designation and notify the property owner via regular mail. Within 10 calendar days of any such postings/notifications, any interested party may submit an appeal to the City Clerk regarding any such designation by the Director.
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(1) Any appeal received within the appeal period shall be scheduled for an administrative hearing before the City Manager. The City Manager will then schedule a hearing date wherein the appellant will be able to state their grounds for appeal. At the conclusion of the hearing the City Manager shall render a decision within 30 days and provide notice of his/her decision within 30 days.
(2) The decision of the City Manager will be final and no further administrative review will be available.

Sec. 4-12-.09 - Emergency Tree Removals.
(a) In the event the condition of a tree requires immediate action for the safety of life, limb, health, safety, welfare or property, the tree may be removed immediately upon the order of the Director or the Director of the Department of Public Safety or his or her designee. (b) Notwithstanding any other fee or penalty described in this chapter, the costs of emergency tree removals are to be charged to the property owner and collected in accordance with any of the methods provided for in this Code. Should the costs not be paid, the City may enforce collection according to the procedures set forth in Article 3 of Chapter 25 of Title 5 of this Code,
(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.

Sec. 4.12.10 - Fire Mitigation Programs.

Any Tree removals undertaken by the City as part of a fire mitigation program shall be exempt from requirements of this Chapter.

Sec. 4-12.11 - Tree Protection and Preservation Plans.
(a) A Tree protection and preservation plan must be submitted in conjunction with any development proposal which requires a discretionary permit or other land use approval as set forth in Title 9 of this Code, or a proposal to engage in regulated work within fifty (50’) feet of a protected tree., The Tree Preservation and Protection Plan shall insure the preservation of protected trees during construction so as to maximize chances for their survival. Such projects are exempt from obtaining a tree removal permit from the Director pursuant to Section 4-12.06.

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 shall condition the plan to insure compliance with and to further the purposes of this chapter, including requirements for replacement plantings and/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 a person who possesses a current ISA certification, be a member of the American Society of Consulting Arborists, or a member of good standing in another nationally recognized tree research, care, and preservation organization. (c) Plan content. The plan shall include all the following information:
(1) Tree inventory for all trees that are six (6”) inches or greater within the proposed project site and within fifty (50’) feet of the project’s limits of disturbance, including trees that are on adjacent property and within the public rights-of-way. The tree inventory shall 11 Packet Pg. 265
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be conducted by a person who possesses a current ISA certification, be a member of the American Society of Consulting Arborists, or a member of good standing in another nationally recognized tree research, care, and preservation organization. The tree inventory shall include species, diameter, condition and whether tree is proposed to be preserved or removed. (2) Site plan with the accurate location of tree trunks and Tree Protection Zones for all trees or groups of trees to be preserved within and adjacent to the project site; (3) A description of the plan for watering trees during the duration of construction activities; (4) Acknowledgement of tree protection standards herein; (4) The species and diameter of all trees involved;
(5) The applicant may be required to provide a plot plan, survey drawn to scale depicting the tree(s), or photographs. Standards For Approval of Plan; and (6) Other information pertinent to the project.
(d) A Plan will only be approved if it complies with the following standards:
(1) Tree root protection. Plan must include a statement certifying that the applicant is responsible to use his or her best efforts to preserve all trees which are to remain on the project site.
(2) With respect to protected trees, the following specific construction practices shall also be included in Plan:
(3) The radius of the Trunk Protection Zone (TPZ) is calculated by using the following methods:
i. For all trees up to twenty-four (24") inches in diameter the radius of the TPZ is one and half (1.5) times the trunk diameter (DBH). ii. For all tree greater than twenty-four (24") inches in diameter the radius of the TPZ is two (2) times the trunk diameter (DBH).
iii. Common TPZ radii and areas are shown and calculated in Table 1. (e) Table 1. Minimum Trunk Protection Zone Areas for trees less than 25 inches in diameter.

Trunk Diameter (inches)
Radius of TPZ
(ft)
Area of TPZ
(ft²)
0 to 4 inches 6 113
5 7.5 177
6 9 254
7 10.5 346
Trunk Diameter (inches)
Radius of TPZ
(ft)
Area of TPZ
(ft²)
8 12 452
9 13.5 573
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10 15 707
11 16.5 855
12 18 1,018
13 19.5 1,195
14 21 1,385
15 22.5 1,590
16 24 1,810
17 25.5 2,043
18 27 2,290
19 28.5 2,552
20 30 2,827
21 31.5 3,117
22 33 3,421
23 34.5 3,739
24 36 4,072
25 and over 50 7,854
i. The Plan shall not include any of the following prohibited activities within the TPZ:
a. Storage or parking vehicles, building materials, refuse, excavated spoils or dumping of poisonous materials on or around trees and roots. b. The use of tree trunks as a winch support, anchorage, as temporary pole, signpost, or other similar function.
c. Cutting of tree roots by utility trenching, foundation digging, placement of curbs and trenches and other miscellaneous excavation without prior approval from the Director.
d. Soil disturbance or grade change.
e. Drainage changes.
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ii. The Director may require the following in the TPZ:
a. Wood chips or mulch spread within the TPZ of a depth of four (4”) inches to six (6”) inches, leaving the trunk clear, to help reduce moisture loss and compaction. b. Root buffers for areas that cannot be fenced or as a temporary buffer and shall cover the TPZ and shall be maintained to a minimum depth as specified by the Director.
c. Irrigation and aeration.
d. Erosion control.
iii. A warning sign shall be prominently displayed on each fence, indicating WARNING Trunk Protection Zone on a minimum of 8.5 x 11-inches and shall not be removed. iv. The Tree Protection and Preservation Plan shall be displayed in a conspicuous place or in proximity to the tree or trees on the construction site. v. The TPZ for each protected tree or group of trees to be preserved shall be protected by installing a five (5’) or six (6’) foot high chain link fencing mounted on two (2”) inch diameter galvanized iron posts, driven into the ground to a depth of at least two (2’) feet at no more than ten (10’) foot spacing to enclose the entire TPZ prior to demolition, grading, paving, movement of heavy equipment, or other construction activity begins. (2) Landscape plans. Landscape plans, when required, must show the proposed landscaping within the TPZ of trees and the proposed replacement plantings on site. (3) Nonconformance. In case of nonconformance with the tree protection requirements set forth in specific construction practices in this section, the Director may issue a Stop Work Order until a mitigation plan has been reviewed and approved by the Director and shall be subject to a penalty, at a damage rate determined and periodically revised by the Director. Measurement of the damage shall be determined by the width of the wound measured at the widest point. Penalty shall be paid to the City and deposited to the Tree Fund. (4) Tree damage or destruction. Should unauthorized work or nonconformance lead to the threat of tree damage or destruction, the Director shall issue a Stop Work Order until a mitigation plan has been reviewed and approved by the Director. (5) Mitigation Plan. A mitigation plan shall include measures for protection of any remaining trees on the project site and include replacements for each tree removed at a replacement ratio set forth by Section 4.12.04.
(6) Performance security. Performance security, whether by security bond, cash deposit, or other security acceptable to the City, shall be required prior to issuance of a tree encroachment permit in order to assure protection of trees on the site. The amount of any said performance security shall be set at 50% of the value of the affected tree or trees, whichever is greater. Tree value shall be determined by using the Guide for Plant Appraisal (10th Edition or newer). 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 two (2) years after the final building permit inspection has been completed. The applicant must submit a request for the two (2) year inspection and release of the security, in writing to the Director. If the tree(s) fail to survive, the applicant shall replace them. If the applicant fails to replace the tree(s), the performance security shall be forfeited. Funds collected through the forfeiture of performance security shall be deposited into the Tree Fund.
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(f) Reporting. Any damage or injury to the roots, trunk, or branches of a Protected Tree(s) or City Tree(s) shall be reported to the Director within twelve (12) hours by contacting the Director in writing with a detailed description of the damage and location of the tree.

Sec. 4-12-.12 - Establishment of Tree Fund.
(a) The City shall establish a Tree Fund to further the purposes set forth in Section 4-

12.01. (b) The following sources may be deposited into the Tree Fund:
(1) All moneys received pursuant to Chapters 12 and 14 of this Code. (2) Agreed-upon restoration payment or settlement in lieu of penalties; (3) Donations and grants for tree purposes;
(4) Other moneys allocated by the Council.
(c) The City shall administer and use the Tree Fund for the following purposes:
(1) Purchasing, planting, and maintaining trees within the City; (2) Acquiring, maintaining, and preserving trees within the City to remain in a naturalistic state in perpetuity;
(3) Performing and maintaining a City-wide tree inventory; (4) Educating residents and developers on the preservation, care, maintenance, benefits and value of trees within the City of Pacifica; and (5) Supporting programs for the purpose of increasing the tree canopy within the City of Pacifica as approved by the Council
Sec. 4-12-.13 - Permits: Fees.

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

Sec. 4-12.14 - Violations: Penalties.
(a) Any person, including an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives, violating any of the provisions of this chapter shall be guilty of a misdemeanor which shall be punishable by a fine of 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 in accordance with Chapter 2, Title 1 of this Code.
(b) Violations of this chapter are a public nuisance.
(c) Any person, including an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives, that removes, relocates or transports a Protected Tree without a Tree Removal Permit shall be required to either: 1) replace the removed Protected Tree to the satisfaction of the Director which replacement plantings will require a minimum of two (2) replacement trees for every otherwise healthy tree removed including the payment of the replacement value of the mature Protected Tree minus the cost of the two replacement trees; or 2) payment of the full replacement value of mature tree(s) in lieu thereof if on-site replacement is not feasible. Any replacement of Protected Trees shall be reviewed and approved by the Director in her/his sole discretion. 11 Packet Pg. 269
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(d) All remedies prescribed under this Chapter are cumulative, and the election of one or more remedies does not bar the City from the pursuit of any other remedy, including, but not limited to those referenced in Chapter 2 of Title 1 of this Code, for the purpose of enforcing this chapter.”
Section 4. Repeal and Replace. Chapter 14 (Maintenance and Preservation of City Trees) within Title 4 of the Pacifica Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Maintenance and Preservation of City Trees - Chapter 14 Sec. 4-14.01. - 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 best 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.

Sec. 4-14.02. - Definitions.
(a) “ANSI A300 Standards” shall refer to the American National Standards Institute (ANSI) for Tree Care Operations—Tree, Shrub and Other Wood Plant MaintenanceStandard Practices. (b) “Deleterious substances” shall mean any materials that are detrimental to tree health including, but not limited to paint, petroleum products, concrete, and other harmful substances.
(c) “Diameter” or “DBH” shall be the diameter of a tree measured at a standard height of four and half (4.5’) feet or fifty-four (54”) inches above grade (referred to as diameter at breast height). Multi-stemmed trees shall be measured by averaging the stem’s diameters. (d) “Director” shall refer to the Director of the Department of Public Works, or his/her designee.
(e) "Person" shall mean an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives. (f) “Routine maintenance” shall mean irrigating, applying mulch, mowing or trimming grass or other ground cover close to a tree.
(g) “Topping” or “topped” shall mean the practice of the removing tops of trees, or large branches or trunks from tops of trees, leaving large stubs or lateral branches that are too small to assume the role of a terminal leader.

14.06. (d) The Director shall have the authority to supervise all work done under a permit issued in accordance with the terms of this Chapter and Chapter 12. (e) The Director shall have the authority to impose conditions to the granting of a permit hereunder and to require that applications for permits contain such information as the Director shall find reasonably necessary to a fair determination of whether a permit should be issued.
(f) No person shall interfere or cause any other person to interfere with any tree related work performed pursuant to this code by any City employee or any City contractor. (g) Adjacent property owners are responsible for routine maintenance within the planting strip or planting easement. The Director shall have the authority to require property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or plant materials on private property that would cause serious injury to City trees and other plant materials within the City. The Director shall notify the property owners in writing, describe the conditions, state the control necessary to correct the condition, and establish a reasonable time within which the corrective steps shall be taken.

Sec. 4-14.04. – Definition of City Trees.
(a) Notwithstanding any other provision of the Code, and for purposes of this chapter only, "City trees" are those trees which meet one or more of the following criteria:
(1) are located on City-owned property, or on property on which the City has an easement or other property interest;
(2) 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 (3) meet at least one of the criteria set forth below:
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 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 11 Packet Pg. 271
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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.
(b) 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.

Sec. 4-14.05. – Tree Planting Permit.
(a) A Tree Planting Permit shall be required for the planting of any tree, shrub or other plant material in a planting strip or planting easement unless performed by an agent or employee of the City.
(b) Any application for a Tree Planting Permit must contain the number of trees/shrubs/other plant material to be planted, the location, size, species, and spacing of each tree, and such other information as the Director may require. (c) No tree shall be planted within five (5’) feet of a driveway, nor shall a tree be planted nearer to the intersection of any two or more streets than forty (40’) feet from the point of intersection of any two public rights-of-way lines.

Sec. 4-14-06. – Removal of City Trees.
(a) The Director may remove any City tree when the condition of the tree constitutes an imminently dangerous condition to the public health, safety or welfare or is a threat to the health of other trees because of pests or disease, and any such determination will be in the sole discretion of the Director.
(b) The Director may remove or cause the removal of any City trees or other plant materials planted in a planting strip or planting easement if such City trees or plant materials are deemed by the Director to be unhealthy, hazardous, causing excessive damage to existing public improvements or City trees, or a trip hazard, or a species that is located in an area that is inappropriate for the tree species. In order to remove a tree, the City will meet all the requirements of a permit (listed below), including the criteria listed in (e), a qualified arborists report with reasons for removal in (f), and mitigation for tree removal including 2 to 1 tree replacements in (g).
(c) Tree Removal Permit. Any person who desires to remove a City Tree shall apply in writing to the Director and specify the number, species, diameter, and exact location of 11 Packet Pg. 272
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the tree or trees involved, a statement of the reason for the removal, and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City staff will assess the need for a permit related to dead/dying tree(s). An arborist’s report including an ISA basic tree risk assessment form will be required for removal of a City tree needing a permit. No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the Director, staff, or any agent of the City may enter the property where the tree is located for fourteen (14) calendar days after the application is received by the City.
(d) Within fourteen (14) calendar days after the receipt of the application, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and shall issue a proposed decision to approve or deny the tree removal permit and setting forth the conditions to be imposed. The Director shall give notice of the application and proposed decision pursuant to Section 4-12.07 herein.
(e) A tree removal permit shall be granted based on the following criteria:
(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services;
(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, and general welfare of the area and the City as a whole; and
(5) The number of healthy trees the parcel is able to support. (f) 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.
(g) To mitigate the adverse effects of tree removal, a tree removal permit shall include conditions that require relocation of tree(s) on-site as recommended by a certified arborist, and/or replacement planting of a minimum of two (2) replacement trees for every otherwise healthy tree removed and may be required to pay the replacement value of the mature Protected Tree minus the cost of the two replacement trees or payment of the full replacement value of a mature tree or trees 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 utilizing the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.
(1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. 11 Packet Pg. 273
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(2) 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. (3) Replacement trees shall be planted to the satisfaction of the Director and in the event the original replacement tree(s) fail to establish, a subsequent replacement tree(s) shall be required.
(h) 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. (i) If an application for a building permit would require any removal of a protected tree or trees, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree removal permit under this chapter. (1) The Director may require submission of additional information as necessary, including but not limited to photographs.
(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) All decisions and deadlines regarding the building permit will be suspended until the final decision regarding the tree permit has been made. (5) Tree removal based off a tree removal permit shall not occur until all required grading/and or building permits have been issued. (6) Once a building permit has been submitted, the Director may issue a grading permit if the Director determines it would advance public health and safety. (j) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.
(k) The Director shall have the authority to require property owners to remove any tree or other plant materials from private property if it is determined by the Director to be interfering with streetlights, signals, and signage or any other public infrastructure or the resident may choose to pay for relocation of the infrastructure at their own expense.

Sec. 4-14.07. – Notices of actions on all Tree Removal, Pruning and Encroachment Permits Appeals.
(a) Upon initiating or receiving a tree removal permit for a City Tree, 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;
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(2) Delivering a notice by first-class mail to a person who has made a written request to the Director; and
(3) Delivering a notice by first-class mail to adjacent and abutting property owners to the tree or trees involved. The City will post notice of application and the Director’s proposed decision for tree removal permits on the City website. (b) Within ten (10) Calendar 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 perform regulated work 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 ten (10) Calendar 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 ten (10) calendar 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.

Sec. 4.14.08. – Violations: Penalty.
(a) Any person, including an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives, violating any of the provisions of this chapter shall be guilty of a misdemeanor which shall be punishable by a fine of 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 in accordance with Chapter 2, Title 1 of this Code.
(b) Any person violating any provision of this chapter may also be subject to administrative civil penalties of up to a maximum of $1,000 pursuant to Section 1-6.60 of this Code.
(c) Violations of this chapter are a public nuisance.
(d) Any person not employed or empowered by the City that removes a City tree without a Tree Removal Permit shall be required to replace the City tree with at least two (2) trees or payment of the replacement value of the tree or trees in lieu thereof if on-site replacement is not feasible.
(1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. (2) Replacement tree shall be a minimum of 1.5”, measured with calipers and at least a 15-gallon tree unless otherwise approved by the Director. (3) Replacement tree shall be planted to the satisfaction of the Director. 11 Packet Pg. 275
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(4) Replacement trees shall require subsequent replacement trees in the event that the original replacement trees fail to establish.

All remedies prescribed under this Chapter are cumulative, and the election of one or more remedies does not bar the City from the pursuit of any other remedy, including, but not limited to those referenced in Chapter 2 of Title 1 of this Code, for the purpose of enforcing this chapter.” Section 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 6. Publication. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance by the City Council of the City of Pacifica, California, and cause the same to be published in accordance with State law.

Section 7. Effective Date. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

Section 8. Repeal of Logging Ordinances. Ordinance Nos. 636 and 637 (“Logging Ordinances”) shall be repealed in their entirety.

PASSED AND ADOPTED this ______ day of ___________________, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah Coffey, City Clerk Michelle Marchetta Kenyon,
City Attorney
11 Packet Pg. 276
Pacifica City Council 25 September 12, 2022
* * * * *
(ID # 5110) at 9/12/2022 6:00 PM City Council Regular Meeting 11 Packet Pg. 277
1 ATTACHMENT A - REDLINES
ORDINANCE NO. ___________

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

Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.

11.a
Packet Pg. 278 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 2 “Tree Preservation - Chapter 12
Sec. 4-12.01 - Purpose.
(a) It is recognized that the preservation of protected trees on public and private property is important for the following reasons:
(1) To continue to encourage and ensure quality development; (2) To protect and conserve the attractiveness, aesthetic and scenic beauty, and historic atmosphere of the City;
(3) To protect the environment;
(4) To reduce air pollution;
(5) To decrease wind velocity and reduce potential wind damage; (6) To provide shade and reduce the effects of urban heat islands; (7) To act as a noise buffer;
(8) To reduce stormwater runoff and improve infiltration 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. (9) To sequester carbon dioxide in woody and foliar biomass; (10) To lower the demand for electricity and natural gas. (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. The provisions of this chapter apply to all areas within the jurisdiction of the City of Pacifica.

Sec. 4-12.02 - Definitions.

11.a
Packet Pg. 279 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 3 (c) "City" shall mean the City of Pacifica, acting by and through its authorized representatives.
(d) "Director" shall mean the Director of the Department of Public Works of the City, or his or her designee.
(e) “Diameter” or “DBH” shall be the diameter of a tree measured at a standard height of four and half (4.5’) feet or fifty-four (54”) inches above grade (referred to as diameter at breast height). Multi-stemmed trees shall be measured by averaging the diameters of the stems.
(f) “Deleterious substances” shall mean any materials that are detrimental to tree health including, but not limited to paint, petroleum products, concrete, and other harmful substances.
(g) “Dripline” shall refer to an imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground.
(h) “Dying tree” shall refer to a tree that cannot be reasonably mitigated to extend its useful lifespan.
(i) “Grove” shall mean a natural grouping or cluster of ten (10) or more trees of any species with a minimum diameter of six (6”) inches in diameter. The grove may exist on an individual parcel or contiguous parcels.
(j) "Heritage tree" shall mean any tree that meets the criteria set forth in Section 4-12.08:
(k) "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. (l) "Person" shall mean an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives. (m) "Private property" shall mean and include all property not owned by the City or another public agency.
(n) “Protected tree” shall mean and include:
(1) All trees on public and private property within the City of Pacifica, which have a trunk with a diameter of twelve (12″) inches or greater at DBH. (2) Any Heritage Tree designated by the Director.
(3) Any groves of trees.
(4) Eucalyptus and any species determined invasive by the California Invasive Plants Council are not protected by this chapter, except groves of trees and as the director may deem otherwise.

11.a
Packet Pg. 280 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 4 (o) “Public property” shall mean property owned by the City of Pacifica, but not limited to, parks, playgrounds, rights-of-way, streets, facilities, and other property regularly used by the general public.
(p) “Qualified arborist” shall mean a person who is certified as an arborist by the International Society of Arboriculture (ISA) with an active ISA certification number or a person who is a registered consulting arborist with the American Society of Consulting Arborists.
(q) “Regulated work” shall mean tree pruning or any act or actions that could cause irreparable damage, adversely impact health; including but not limited to excessive pruning, cutting, girdling, poisoning, overwatering, relocating, trenching, excavating, altering the grade, or paving within the dripline of a tree, or result in the death of, a protected tree requiring a permit and as listed in Section 12-4.05. Regulated work does not include routine maintenance.
(r) “Remove” shall mean and include complete removal of a tree, including its root ball, or cutting down to the ground.
(s) “Routine maintenance” shall mean irrigating, applying mulch, mowing, or trimming grass or other ground cover close to a tree.
(t) “Significant Pruning” shall mean pruning of more than 15% of the functioning leaf and stem area of a Protected tree or any pruning roots that are tow (2”) inches in diameter or greater
(u) “Specimen or significant tree” shall refer to an individual tree determined by the Director that due to species, age, historical significance, aesthetic and/or ecology provides unique or intrinsic value to the community.
(v) “Stop Work Order” shall refer to the suspension and prohibition of further activity on the property needing a City permit or having City-issued permits until a mitigation plan has been filed with and approved by the Director, agree to in writing by the property owner(s), and either implemented or guaranteed by the posting of a performance security.
(w) “Topping” or “topped” shall mean the practice of the removing tops of trees, or large branches or trunks from tops of trees, leaving large stubs or lateral branches that are too small to assume the role of a terminal leader.
(x) “Trenching” shall mean any excavation to provide irrigation, install foundations, utility lines, services, pipe, drainage or other property improvements below grade.
(y) “Tree protection and preservation plan” shall mean the plan prepared by a qualified arborist, submitted by the applicant, and approved by the Director that details existing tree conditions and the measures that will be used to protect trees during development, construction, and landscaping activities.

11.a
Packet Pg. 281 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 5 (z) “Trunk protection zone” or “TPZ” shall mean the area of ground extending out from the trunk of a tree in all directions where activity is prohibited to protect tree roots.

Sec. 4-12-.03 - Prohibited Activities.

11.a
Packet Pg. 282 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 6 (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, and general welfare of the area and the City as a whole; and (5) The number of healthy trees the parcel is able to support. (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) To mitigate the adverse effects of tree removal, a tree removal permit shall include conditions that require relocation of tree(s) on-site as recommended by a certified arborist, and/or replacement planting of a minimum of two (2) replacement trees for every otherwise healthy tree removed and may be required to pay the replacement value of the mature Protected Tree minus the cost of the two replacement trees or payment of the full replacement value of a mature tree or trees 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 utilizing the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers. (1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. (2) 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.
(3) Replacement trees shall be planted to the satisfaction of the Director and in the event the original replacement tree(s) fail to establish, a subsequent replacement tree(s) shall be required.
(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. (g) If an application for a building permit would require any removal of a protected tree or trees, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree removal permit under this chapter.

11.a
Packet Pg. 283 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 7 (1) The Director may require submission of additional information as necessary, including but not limited to photographs.
(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) All decisions and deadlines regarding the building permit will be suspended until the final decision regarding the tree permit has been made. (5) Tree removal based off a tree removal permit shall not occur until all required grading/and or building permits have been issued. (6) Once a building permit has been submitted, the Planning Director may issue a grading permit if the Director determines it would advance public health and safety.
(h) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.
(i) The Director shall have the authority to require property owners to remove any tree or other plant materials from private property if it is determined by the Director to be interfering with streetlights, signals, and signage or any other public infrastructure or the resident may choose to pay for relocation of the infrastructure at their own expense.

11.a
Packet Pg. 284 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 8 tree pruning permit and setting forth the conditions to be imposed. The Director shall give notice in accordance with Section 4-12.07 herein.
(c) The Tree Pruning permit shall be granted by the Director based on the following criteria:
(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services;
(2) Whether the requested action is necessary for the economically viable use of the property; and
(3) Pruning will be conducted in accordance with ANSI A-300 Standards. (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 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. (f) If an application for a building permit would require any significant pruning of any part of a protected tree or City Tree as defined in Chapter 14 of Title 4 of this code, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree pruning permit under this chapter. (g) The Director may require submission of additional information as necessary, including but not limited to photographs.
(h) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(i) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (j) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.

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Packet Pg. 285 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 9 or City tree as defined in Chapter 14 of Title 4 this Code shall apply in writing to the Director and specify the number, species, diameter, and exact location of the tree(s) involved, a statement of the reason for the requested action and any other pertinent information as may be required by the City. The applicant may be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and/or an arborist’s report. The Director or the Director’s appointed City Staff will assess the need for a permit related to dead/dying tree(s). No person may perform regulated work for which a permit application is pending. By submitting the application the property owner certifies the director staff, or any agent of the City may enter the property where the tree is located for (14) calendar days after the application is received by the City. (b) Within fourteen (14) calendar days after the receipt of the application for the tree encroachment permit, the Director, or his or her appointed representative, shall inspect the premises and the tree(s) involved and issue a proposed decision to approve or deny the tree pruning permit and setting forth the conditions to be imposed. The Director shall give notice in accordance with Section 4-12.07 herein. (c) A Tree Encroachment permit for relocating or transporting a protected tree, applying fertilizers or chemicals, grading, clearing, excavating, adding fill soil, trenching, boring, compacting, or paving within fifty (50’) feet of a Protected Tree or City Tree shall be granted based on the following criteria:
(1) If the applicant cannot achieve its goals without performing regulated activities.
(2) The proposed regulated activities comply with ANSI A300, to ensure the safety or health of the tree(s) during pruning or other regulated activities. (3) Any regulated activity described in subsection (5) of subsection (m) of Section 4-12.02 shall adhere to the provisions of Section 4-12.08 of this chapter. (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 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. (f) If an application for a building permit would require persons to relocate or transport a protected tree, or apply fertilizers or chemicals, grading, clearing, excavating, adding fill soil, trenching, boring, compacting, or paving within fifty (50’) feet of a protected tree on private property, pruning of any part of a of a protected tree or City Tree, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree encroachment permit under this chapter and must comply with the following:

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Packet Pg. 286 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 10 (1) The Director may require submission of additional information as necessary, including but not limited to photographs.
(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) While the tree encroachment application process is underway, the building permit and associated administrative deadlines will be suspended until the tree permit decision and any appeals is finished.
(g) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.

Sec. 4-12.07 - Notices of actions on all Tree Removal, Pruning and Encroachment Permits Appeals.
(a) Upon receipt of a tree removal, pruning, or encroachment permit, 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 by first-class mail to a person who has made a written request to the Director; and
(3) Delivering a notice by first-class mail to adjacent and abutting property owners to the tree or trees involved. The City will post notice of application and the Director’s proposed decision for tree removal permits on the City website. (b) Within ten (10) Calendar 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 perform regulated work for which a permit appeal is pending. (1) Proposed decisions involving dead/dying trees as determined by the Director may not be appealed.
(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 ten (10) Calendar 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.

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Packet Pg. 287 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 11 (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 ten (10) calendar 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.

Sec. 4-12-.08 - Designation of Heritage Trees.
(a) All trees currently known to meet the following criteria within the City of Pacifica are hereby designated as Heritage Trees:
(1) Any trees that are of the species Quercus agrifolia (coast live oak), Quercus lobata (valley oak), Aesculus californica (California buckeye), Pinus radiata (Monterey pine), or Sequoia sempervirens (redwood), which have a trunk diameter of twelve (12”) inches or more; or
(2) Any trees that are of the species Heteromeles arbutifolia (toyon) which have a trunk diameter of four (4”) inches DBH or more. (3) The Director may also designate Heritage Trees that meet any of the following criteria:
i. Tree(s) of historic value;
ii. Specimen tree(s) of any species;
iii. Any tree of substantial size of its species;
iv. is one of the largest and oldest trees in Pacifica; or v. Significant habitat value.
(b) Upon designation of any Heritage Tree, the Director shall post on the City’s website and on any newly designated Heritage Tree a Notice of Designation and notify the property owner via regular mail. Within 10 calendar days of any such postings/notifications, any interested party may submit an appeal to the City Clerk regarding any such designation by the Director.
(1) Any appeal received within the appeal period shall be scheduled for an administrative hearing before the City Manager. The City Manager will then schedule a hearing date wherein the appellant will be able to state their grounds for appeal. At the conclusion of the hearing the City Manager shall render a decision within 30 days and provide notice of his/her decision within 30 days.
(2) The decision of the City Manager will be final and no further administrative review will be available.

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Packet Pg. 288 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 12 Sec. 4-12-.09 - Emergency Tree Removals.
(a) In the event the condition of a tree requires immediate action for the safety of life, limb, health, safety, welfare or property, the tree may be removed immediately upon the order of the Director or the Director of the Department of Public Safety or his or her designee.
(b) Notwithstanding any other fee or penalty described in this chapter, the costs of emergency tree removals are to be charged to the property owner and collected in accordance with any of the methods provided for in this Code. Should the costs not be paid, the City may enforce collection according to the procedures set forth in Article 3 of Chapter 25 of Title 5 of this Code,
(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.

Sect. 4.12.10.-Fire Mitigation Programs.

Any Tree removals undertaken by the City as part of a fire mitigation program shall be exempt from requirements of this Chapter.

Sec. 4-12.101 - Tree Protection and Preservation Plans. (a) A Tree protection and preservation plan must be submitted in conjunction with any development proposal which requires a discretionary permit or other land use approval as set forth in Title 9 of this Code, or a proposal to engage in regulated work within fifty (50’) feet of a protected tree., The Tree Preservation and Protection Plan shall insure the preservation of protected trees during construction so as to maximize chances for their survival. Such projects are exempt from obtaining a tree removal permit from the Director pursuant to Section 4-12.06. 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 shall condition the plan to insure compliance with and to further the purposes of this chapter, including requirements for replacement plantings and/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 a person who possesses a current ISA certification, be a member of the American Society of Consulting Arborists, or a member of good standing in another nationally recognized tree research, care, and preservation organization.
(c) Plan content. The plan shall include all the following information:
(1) Tree inventory for all trees that are six (6”) inches or greater within the proposed project site and within fifty (50’) feet of the project’s limits of disturbance,

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Packet Pg. 289 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 13 including trees that are on adjacent property and within the public rights-of-way. The tree inventory shall be conducted by a person who possesses a current ISA certification, be a member of the American Society of Consulting Arborists, or a member of good standing in another nationally recognized tree research, care, and preservation organization. The tree inventory shall include species, diameter, condition and whether tree is proposed to be preserved or removed.
(2) Site plan with the accurate location of tree trunks and Tree Protection Zones for all trees or groups of trees to be preserved within and adjacent to the project site;
(3) A description of the plan for watering trees during the duration of construction activities; (4) Acknowledgement of tree protection standards herein; (4) The species and diameter of all trees involved;
(5) The applicant may be required to provide a plot plan, survey drawn to scale depicting the tree(s), or photographs. Standards For Approval of Plan; and (6) Other information pertinent to the project.
(d) A Plan will only be approved if it complies with the following standards:
(1) Tree root protection. Plan must include a statement certifying that the applicant is responsible to use his or her best efforts to preserve all trees which are to remain on the project site.
(2) With respect to protected trees, the following specific construction practices shall also be included in Plan:
(3) The radius of the Trunk Protection Zone (TPZ) is calculated by using the following methods:
i. For all trees up to twenty-four (24") inches in diameter the radius of the TPZ is one and half (1.5) times the trunk diameter (DBH). ii. For all tree greater than twenty-four (24") inches in diameter the radius of the TPZ is two (2) times the trunk diameter (DBH). iii. Common TPZ radii and areas are shown and calculated in Table 1.
(e) Table 1. Minimum Trunk Protection Zone Areas for trees less than 25 inches in diameter.

Trunk Diameter (inches)
Radius of TPZ
(ft)
Area of TPZ
(ft²)

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Packet Pg. 290 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 14 0 to 4 inches 6 113
5 7.5 177
6 9 254
7 10.5 346
8 12 452
9 13.5 573
10 15 707
11 16.5 855
12 18 1,018
13 19.5 1,195
14 21 1,385
15 22.5 1,590
16 24 1,810
17 25.5 2,043
Trunk Diameter (inches)
Radius of TPZ
(ft)
Area of TPZ
(ft²)
18 27 2,290
19 28.5 2,552
20 30 2,827
21 31.5 3,117
22 33 3,421

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Packet Pg. 291 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 15 23 34.5 3,739
24 36 4,072
25 and over 50 7,854
i. The Plan shall not include any of the following prohibited activities within the TPZ:
a. Storage or parking vehicles, building materials, refuse, excavated spoils or dumping of poisonous materials on or around trees and roots. b. The use of tree trunks as a winch support, anchorage, as temporary pole, signpost, or other similar function. c. Cutting of tree roots by utility trenching, foundation digging, placement of curbs and trenches and other miscellaneous excavation without prior approval from the Director.
d. Soil disturbance or grade change.
e. Drainage changes.
ii. The Director may require the following in the TPZ:
a. Wood chips or mulch spread within the TPZ of a depth of four (4”) inches to six (6”) inches, leaving the trunk clear, to help reduce moisture loss and compaction.
b. Root buffers for areas that cannot be fenced or as a temporary buffer and shall cover the TPZ and shall be maintained to a minimum depth as specified by the Director.
c. Irrigation and aeration.
d. Erosion control.
iii. A warning sign shall be prominently displayed on each fence, indicating WARNING Trunk Protection Zone on a minimum of 8.5 x 11-inches and shall not be removed.
iv. The Tree Protection and Preservation Plan shall be displayed in a conspicuous place or in proximity to the tree or trees on the construction site. v. The TPZ for each protected tree or group of trees to be preserved shall be protected by installing a five (5’) or six (6’) foot high chain link fencing mounted on two (2”) inch diameter galvanized iron posts, driven into the ground to a depth of at least two (2’) feet at no more than ten (10’) foot spacing to enclose the entire TPZ

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Packet Pg. 292 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 16 prior to demolition, grading, paving, movement of heavy equipment, or other construction activity begins.
(2) Landscape plans. Landscape plans, when required, must show the proposed landscaping within the TPZ of trees and the proposed replacement plantings on site.
(3) Nonconformance. In case of nonconformance with the tree protection requirements set forth in specific construction practices in this section, the Director may issue a Stop Work Order until a mitigation plan has been reviewed and approved by the Director and shall be subject to a penalty, at a damage rate determined and periodically revised by the Director. Measurement of the damage shall be determined by the width of the wound measured at the widest point. Penalty shall be paid to the City and deposited to the Tree Fund.
(4) Tree damage or destruction. Should unauthorized work or nonconformance lead to the threat of tree damage or destruction, the Director shall issue a Stop Work Order until a mitigation plan has been reviewed and approved by the Director. (5) Mitigation Plan. A mitigation plan shall include measures for protection of any remaining trees on the project site and include replacements for each tree removed at a replacement ratio set forth by Section 4.12.04. (6) Performance security. Performance security, whether by security bond, cash deposit, or other security acceptable to the City, shall be required prior to issuance of a tree encroachment permit in order to assure protection of trees on the site.

The amount of any said performance security shall be set at 50% of the value of the affected tree or trees, whichever is greater. Tree value shall be determined by using the Guide for Plant Appraisal (10th Edition or newer). 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 two (2) years after the final building permit inspection has been completed. The applicant must submit a request for the two (2) year inspection and release of the security, in writing to the Director. If the tree(s) fail to survive, the applicant shall replace them. If the applicant fails to replace the tree(s), the performance security shall be forfeited. Funds collected through the forfeiture of performance security shall be deposited into the Tree Fund.
(f) Reporting. Any damage or injury to the roots, trunk, or branches of a Protected Tree(s) or City Tree(s) shall be reported to the Director within twelve (12) hours by contacting the Director in writing with a detailed description of the damage and location of the tree.

Sec. 4-12-.112 - Establishment of Tree Fund.
(a) The City shall establish a Tree Fund to further the purposes set forth in Section 4-12.01.

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Packet Pg. 293 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 17 (b) The following sources may be deposited into the Tree Fund:
(1) All moneys received pursuant to Chapters 12 and 14 of this Code. (2) Agreed-upon restoration payment or settlement in lieu of penalties; (3) Donations and grants for tree purposes;
(4) Other moneys allocated by the Council.
(c) The City shall administer and use the Tree Fund for the following purposes:
(1) Purchasing, planting, and maintaining trees within the City; (2) Acquiring, maintaining, and preserving trees within the City to remain in a naturalistic state in perpetuity;
(3) Performing and maintaining a City-wide tree inventory; (4) Educating residents and developers on the preservation, care, maintenance, benefits and value of trees within the City of Pacifica; and (5) Supporting programs for the purpose of increasing the tree canopy within the City of Pacifica as approved by the Council
Sec. 4-12-.123 - Permits: Fees.

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

Sec. 4-12.134 - Violations: Penalties.
(a) Any person, including an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives, violating any of the provisions of this chapter shall be guilty of a misdemeanor which shall be punishable by a fine of 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 in accordance with Chapter 2, Title 1 of this Code.
(b) Violations of this chapter are a public nuisance.
(c) Any person, including an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives, that removes, relocates or transports a Protected Tree without a Tree Removal Permit shall be required to either: 1) replace the removed Protected Tree to the satisfaction of the Director which replacement plantings will require a minimum of two (2) replacement trees for every otherwise healthy tree removed including the payment of the replacement value of the mature Protected Tree minus the cost of the two replacement trees; or 2) payment of the full replacement value of mature tree(s) in lieu thereof if on-site replacement is not feasible.

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Packet Pg. 294 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 18 Any replacement of Protected Trees shall be reviewed and approved by the Director in her/his sole discretion.
(d) All remedies prescribed under this Chapter are cumulative, and the election of one or more remedies does not bar the City from the pursuit of any other remedy, including, but not limited to those referenced in Chapter 2 of Title 1 of this Code, for the purpose of enforcing this chapter.”
Section 4. Repeal and Replace. Chapter 14 (Maintenance and Preservation of City Trees) within Title 4 of the Pacifica Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Maintenance and Preservation of City Trees - Chapter 14 Sec. 4-14.01. - Scope and intent.

Sec. 4-14.02. - Definitions.
(a) “ANSI A300 Standards” shall refer to the American National Standards Institute (ANSI) for Tree Care Operations—Tree, Shrub and Other Wood Plant Maintenance-Standard Practices.
(b) “Deleterious substances” shall mean any materials that are detrimental to tree health including, but not limited to paint, petroleum products, concrete, and other harmful substances.
(c) “Diameter” or “DBH” shall be the diameter of a tree measured at a standard height of four and half (4.5’) feet or fifty-four (54”) inches above grade (referred to as diameter at breast height). Multi-stemmed trees shall be measured by averaging the stem’s diameters.
(d) “Director” shall refer to the Director of the Department of Public Works, or his/her designee.
(e) "Person" shall mean an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives. (f) “Routine maintenance” shall mean irrigating, applying mulch, mowing or trimming grass or other ground cover close to a tree.

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Packet Pg. 295 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 19 (g) “Topping” or “topped” shall mean the practice of the removing tops of trees, or large branches or trunks from tops of trees, leaving large stubs or lateral branches that are too small to assume the role of a terminal leader.

Sec. 4-14.03. – Inspection, maintenance, and removal by City. (a) 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 ten (10) 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 be charged with the enforcement of this chapter and the performance of municipal functions as herein established. (b) The Director shall have the authority to plant, inspect, spray, preserve, prune, and perform routine maintenance on City trees.
(c) The Director shall have the authority to remove a City tree pursuant to Sec. 4-14.076.
(d) The Director shall have the authority to supervise all work done under a permit issued in accordance with the terms of this Chapter and Chapter 12. (e) The Director shall have the authority to impose conditions to the granting of a permit hereunder and to require that applications for permits contain such information as the Director shall find reasonably necessary to a fair determination of whether a permit should be issued.
(f) No person shall interfere or cause any other person to interfere with any tree related work performed pursuant to this code by any City employee or any City contractor. (g) Adjacent property owners are responsible for routine maintenance within the planting strip or planting easement. The Director shall have the authority to require property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or plant materials on private property that would cause serious injury to City trees and other plant materials within the City. The Director shall notify the property owners in writing, describe the conditions, state the control necessary to correct the condition, and establish a reasonable time within which the corrective steps shall be taken.

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Packet Pg. 296 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 20 (1) are located on City-owned property, or on property on which the City has an easement or other property interest;
(2) 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
(3) meet at least one of the criteria set forth below:
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 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.
(b) 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.

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Packet Pg. 297 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 21 Sec. 4-14.05. – Tree Planting Permit.
(a) A Tree Planting Permit shall be required for the planting of any tree, shrub or other plant material in a planting strip or planting easement unless performed by an agent or employee of the City.
(b) Any application for a Tree Planting Permit must contain the number of trees/shrubs/other plant material to be planted, the location, size, species, and spacing of each tree, and such other information as the Director may require. (c) No tree shall be planted within five (5’) feet of a driveway, nor shall a tree be planted nearer to the intersection of any two or more streets than forty (40’) feet from the point of intersection of any two public rights-of-way lines.

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Packet Pg. 298 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 22 (e) A tree removal permit shall be granted based on the following criteria:
(1) The condition of the tree, presence of disease, pest infestation, damage, public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services;
(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, and general welfare of the area and the City as a whole; and (5) The number of healthy trees the parcel is able to support. (f) 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.
(g) To mitigate the adverse effects of tree removal, a tree removal permit shall include conditions that require relocation of tree(s) on-site as recommended by a certified arborist, and/or replacement planting of a minimum of two (2) replacement trees for every otherwise healthy tree removed and may be required to pay the replacement value of the mature Protected Tree minus the cost of the two replacement trees or payment of the full replacement value of a mature tree or trees 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 utilizing the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers. (1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. (2) 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.
(3) Replacement trees shall be planted to the satisfaction of the Director and in the event the original replacement tree(s) fail to establish, a subsequent replacement tree(s) shall be required.
(h) 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.

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Packet Pg. 299 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 23 (i) If an application for a building permit would require any removal of a protected tree or trees, including on adjacent properties or in the public rights-of-way, the applicant shall be required to obtain a tree removal permit under this chapter. (1) The Director may require submission of additional information as necessary, including but not limited to photographs.
(2) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving that would otherwise require a tree encroachment permit.
(3) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. (4) All decisions and deadlines regarding the building permit will be suspended until the final decision regarding the tree permit has been made. (5) Tree removal based off a tree removal permit shall not occur until all required grading/and or building permits have been issued. (6) Once a building permit has been submitted, the Director may issue a grading permit if the Director determines it would advance public health and safety. (j) The Director shall give priority to those applications based upon disease or imminent hazard to persons or property.
(k) The Director shall have the authority to require property owners to remove any tree or other plant materials from private property if it is determined by the Director to be interfering with streetlights, signals, and signage or any other public infrastructure or the resident may choose to pay for relocation of the infrastructure at their own expense.

Sec. 4-14.07. – Notices of actions on all Tree Removal, Pruning and Encroachment Permits Appeals.
(a) Upon receipt of initiating or receiving a tree removal permit for a City Tree, 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 by first-class mail to a person who has made a written request to the Director; and
(3) Delivering a notice by first-class mail to adjacent and abutting property owners to the tree or trees involved. The City will post notice of application and the Director’s proposed decision for tree removal permits on the City website.

11.a
Packet Pg. 300 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 24 (b) Within ten (10) Calendar 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 perform regulated work 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 ten (10) Calendar 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 ten (10) calendar 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.

Sec. 4.14.08. – Violations: Penalty.
(a) Any person, including an individual, firm, association, tree removal service, corporation and its agents, officers, employees, or representatives, violating any of the provisions of this chapter shall be guilty of a misdemeanor which shall be punishable by a fine of 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 in accordance with Chapter 2, Title 1 of this Code.
(b) Any person violating any provision of this chapter may also be subject to administrative civil penalties of up to a maximum of $1,000 pursuant to Section 1-6.60 of this Code.
(c) Violations of this chapter are a public nuisance.
(d) Any person not employed or empowered by the City that removes a City tree without a Tree Removal Permit shall be required to replace the City tree with at least two (2) trees or payment of the replacement value of the tree or trees in lieu thereof if on-site replacement is not feasible.
(1) Replacement tree shall be the same species as the tree removed or a species of similar mature stature, unless otherwise specified by the Director. (2) Replacement tree shall be a minimum of 1.5”, measured with calipers and at least a 15-gallon tree, unless otherwise approved by the Director. (3) Replacement tree shall be planted to the satisfaction of the Director.

11.a
Packet Pg. 301 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 25 (4) Replacement trees shall require subsequent replacement trees in the event that the original replacement trees fail to establish.

All remedies prescribed under this Chapter are cumulative, and the election of one or more remedies does not bar the City from the pursuit of any other remedy, including, but not limited to those referenced in Chapter 2 of Title 1 of this Code, for the purpose of enforcing this chapter.”
Section 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 7. Effective Date. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

Section 8. Repeal of Logging Ordinances. Ordinance Nos. 636 and 637 (“Logging Ordinances”) shall be repealed in their entirety.

PASSED AND ADOPTED this ______ day of ___________________, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Mary Bier, Mayor

11.a
Packet Pg. 302 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update) 26 ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah Coffey, City Clerk Michelle Marchetta Kenyon,
City Attorney

11.a
Packet Pg. 303 Attachment: Attachment A - Tree Ordinance Redlines with Council Comments of August 22, 2022 (5110 : Ordinance - Tree Ordinance Update)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
9/12/2022
1 SUBJECT:

Resolution of the City Council of the City of Pacifica Authorizing the Vacation of Portions of Hotel Way to Abandon any interest the City May Have to Those Portions of Street RECOMMENDED ACTION:

Adopt the Resolution of the City Council of the City of Pacifica Authorizing the Vacation of Portions of Hotel Way to Abandon any Interest the City May Have to Those Portions of Street 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.

In order to vacate or abandon an interest in a public right-of-way a city must follow the applicable statutory processes in California Streets and Highways Code sections 8320 et seq. and 8330 et seq., which have been incorporated into the City’s Administrative Policy No. 5. 12 Packet Pg. 304
Pacifica City Council 2
September 12, 2022
Thus, while the City does not believe the City has actually or impliedly accepted Hotel Way as a public right-of-way, vacating any interest in a public right-of-way must follow the vacation procedures set forth in Administrative Policy No. 5.

The Planning Commission, during its regular meeting of March 7, 2022, adopted a resolution certifying that the vacation conforms to the General Plan and Local Coastal Land UsePlan, and finding that the action is exempt from the California Environmental Quality Act (“CEQA”) (Attachment C).

On August 22, 2022, the City Council during its regular meeting adopted Resolution No. 54- 2022 (Attachment D), 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.

Copy of Resolution No. 54-2022 along with the Notice of Public Hearing were advertised in the Pacifica Tribune on August 24, 2022, and August 31, 2022. Resolution No. 54-2022 and Notice of Public Hearing was also posted at three locations around the subject site from on August 24, 2022, and September 12, 2022.

Because the City does not own the land underlying Hotel Way in fee simple and the City never accepted the dedicated right-of-way, disposition of the land is not subject to the Surplus Land Act (SLA) per Government Code section 54221(b)(1). The State Housing and Community Development Public Lands Team (HCD) has confirmed that vacation of Hotel Way is not subject to the SLA.

The City Manager recommends adoption of the Resolution of the City Council of the City of Pacifica Authorizing the Vacation of Portions of Hotel Way. 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-ofway 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:
12 Packet Pg. 305
Pacifica City Council 3
September 12, 2022
Attachment A - Hotel Way Legal Description Exhibit A (PDF) Attachment B - Hotel Way Plot Map Exhibit B (PDF)
Attachment C - Planning Commission Resolution 2022-005 - Hotel Way Vacation Recommendation to City Council (PDF)
Attachment D - Resolution of Intention By the City Council of the City Of Pacifica to Vacate Portions of Hotel Way (PDF)
12 Packet Pg. 306
Pacifica City Council 4
September 12, 2022
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING THE

VACATION OF A PORTION OF HOTEL WAY
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 B attached hereto and shown in Exhibit C 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, because the City does not own the land underlying Hotel Way in fee simple and the City never accepted the dedicated right-of-way, disposition of the land is not subject to the Surplus Land Act (SLA) per Government Code section 54221(b)(1); and WHEREAS, the State Housing and Community Development Public Lands Team (HCD) has confirmed to the City that vacation of Hotel Way is not subject to the SLA.

WHEREAS, the 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 vacation merely confirms that the Hotel Way ROW is not a public street, does not change development potential, and does 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.

WHEREAS, the vacation of the Hotel Way ROW has been reviewed by appropriate City departments and other public agencies; and
WHEREAS, the City Council did on August 22, 2022, adopt its Resolution No. 54-2022 to vacate the Hotel Way ROW more particularly described in said Resolution of Intention; and WHEREAS, a Notice of Public Hearing to consider the vacation of the Hotel Way ROW was published for at least two successive weeks prior to the September 12, 2022, public hearing in a newspaper that is published in the City of Pacifica and is designated for the 12 Packet Pg. 307
Pacifica City Council 5
September 12, 2022
publication of notices and was posted at least two weeks before the hearing along the Hotel Way ROW to be vacated, pursuant to Streets and Highways Code Section 8300 et seq; and WHEREAS, on September 12, 2022, the City held a hearing on the vacation of the Hotel Way ROW and heard evidence and testimony from all persons interested; and WHEREAS, the City Council finds that the public interest will be served by extinguishing its interest, to the extent the City has any, in the Hotel Way ROW.

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

1. The City Council hereby finds that the vacation of Hotel Way ROW is exempt from 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 vacation merely confirms 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. The Council further finds on the basis of the whole record before it that there is no substantial evidence that the vacation of Hotel Way ROW will have a significant effect on the environment.

2. The City Council finds that the Hotel Way ROW had never been accepted as a City rightof-way or street, and is not a City right-of-way or street; however, to the extent the Hotel ROW had been accepted as a City right-of-way or street and served as such, the City Council further finds as follows:

2.1. Vacation of the Hotel Way ROW is in conformity with the General Plan; and

2.2. The Hotel Way ROW is unnecessary for present or prospective road use or purpose as a City right-of-way or street.

3. To the extent the Hotel ROW was accepted as a City right-of-way or street and served as such, the City Council hereby vacates the Hotel Way ROW, as more particularly described in Exhibits B and C, pursuant to pursuant to Sections 8330 through 8336 of the California Streets and Highways Code (Summary Vacation), at Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code.

4. The City Council hereby directs the City Planner to file a CEQA Notice of Exemption with the County Clerk of San Mateo County within five working days after passage of this resolution.

5. The City Council hereby authorizes the City Clerk to record a certified copy of this resolution, attested by the City Clerk under seal, with the San Mateo County recorder's office at no cost to the city pursuant to Streets and Highways Code section 8336.

6. To the extent the Hotel ROW had been accepted as a City right-of-way or street and served as such, from and after the date this resolution is recorded, it no longer constitutes City right-of-way or street.
• • • •
12 Packet Pg. 308
Pacifica City Council 6
September 12, 2022
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of September 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 12 Packet Pg. 309

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

12.a
Packet Pg. 310 Attachment: Attachment A - Hotel Way Legal Description Exhibit A (5106 : Resolution of the City Council of the City of Pacifica Authorizing the

12.b
Packet Pg. 311 Attachment: Attachment B - Hotel Way Plot Map Exhibit B (5106 : Resolution of the City Council of the City of Pacifica Authorizing the Vacation of Portions of Hotel) RESOLUTION NO. 2022-005

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PACIFICA FINDING THAT THE SUMMARY VACATION OF THE HOTEL WAY RIGHT-OFWAY BETWEEN PACIFIC A VENUE AND BRIGHTON ROAD IS CONSISTENT WITH

THE GENERAL PLAN AND LOCAL COASTAL LAND USE PLAN
WHEREAS, the City of Pacifica's Public Works Department received a request to vacate a portion of the Hotel Way right-of-way (ROW) located between Pacific Avenue and Brighton Road in the West Sharp Park neighborhood; 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 was offered for dedication as a public right-of-way but not accepted as such, and has been used as private rather than public right-of-way; and
WHEREAS, state law generally requires that offers of dedication of right-of-way for street use shall remain open for acceptance of a legislative body until such time as the legislative body formally vacates the area ; moreover, in certain unique circumstances, none of which is applicable here, a city may impliedly accept an offer of dedication of a right-of-way by making improvements ( e.g., paving) or otherwise affirmatively treating the property as a city street, which the City has not done; and
WHEREAS, granting the vacation request will confirm that the ROW is privately owned and not a public street; and
WHEREAS, Government Code Section 65402(a) and City of Pacifica Administrative Policy No. 5 (Street and Easement Vacation Procedure) requires that the Planning Commission find the vacation or abandonment of a public street consistent with the City's adopted General Plan before the City Council may act thereon; and
WHEREAS, at its regular meeting of March 7, 2022, the Planning Commission reviewed the proposed summary vacation of Hotel Way right-of-way between Pacific Avenue and Brighton Road and considered whether it is consistent with the City's General Plan and Local Coastal Land Use Plan, at which time it considered all oral and documentary evidence presented, and incorporated all testimony and documents into the record by reference.

NOW, THEREFORE BE IT RESOLVED, that the Planning Commission finds its review of the proposed summary vacation of Hotel Way right-of-way between Pacific Avenue and Brighton Road 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 I/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 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).

ATTACHMENT C

12.c
Packet Pg. 312 Attachment: Attachment C - Planning Commission Resolution 2022-005 - Hotel Way Vacation Recommendation to City Council [Revision 1] BE IT FURTHER RESOLVED that the Planning Commission of the City of Pacifica does hereby find that the proposed summary vacation of Hotel Way right-of-way between Pacific A venue and Brighton Road is consistent with the City of Pacifica General Plan and Local Coastal Land Use Plan, including but not limited to Policy No. 4 of the Circulation Element of the General Plan Coastal Act Policies No. 2 and 3 of the Local Coastal Land Use Plan. * * * * *
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Pacifica, California, held on the 7
th day of March, 2022.

A YES, Commissioners:

NOES, Commissioners:

ABSENT, Commissioners:

ABSTAIN, Commissioners:

ATTEST:
- I' Manager/Planning Director

BERMAN, DOMURA T, GODWIN, HAUSER,

NIBBELIN
NIA
NIA

FERGUSON, LEAL
Joh f P:= FDQ
APPROVED AS TO FORM:

Michelle Kenyon, Ci

12.c
Packet Pg. 313 Attachment: Attachment C - Planning Commission Resolution 2022-005 - Hotel Way Vacation Recommendation to City Council [Revision 1] RESOLUTION NO. 54-2022

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

VACATE A PORTION OF HOTEL WAY, AND SETTING THE PUBLIC
HEARING FORSEPTEMBER 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

ATTACHMENT D

12.d
Packet Pg. 314 Attachment: Attachment D - Resolution of Intention By the City Council of the City Of Pacifica to Vacate Portions of Hotel Way [Revision 1] RESOLUTION NO. 54-2022
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 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 22nd day of August. 2022, by the following vote:

AYES, Councilmembers: Beckmeyer, Bier, Bigstyck, O'Neill, Vaterlaus.

NOES, Councilmembers: n/a.

ABSENT, Councilmembers: n/a.

ABSTAIN, Councilmembers: n/a.

Mary Bier, Mayor
ATTEST: APPROVED AS TO F.ORM:

Sarah Coffey, City Clerk

12.d
Packet Pg. 315 Attachment: Attachment D - Resolution of Intention By the City Council of the City Of Pacifica to Vacate Portions of Hotel Way [Revision 1]

EXHIBIT A

CONTAINING 4,419 +/- SQUARE FEET

END OF DESCRIPTION

12.d
Packet Pg. 316 Attachment: Attachment D - Resolution of Intention By the City Council of the City Of Pacifica to Vacate Portions of Hotel Way [Revision 1]

PACIFIC

LEGAL DESCRIPTION OF PROPOSED ABANDONMENT
ALL OF HOm. WA'f, 20 FEET IWDE. IMDl'H 81.0aC 8 OF ·suBO/'ilSION NO. 2 llftlOlfDN B£ACH· IN lHE QTY OF PAQFIC,.. COUNTY OF SM UAtt'O. STATE OF CALIFORNIA AS Pm NAP FUD MARO! 18, JiOfl IN TH[ ClfflCE OF THE COUNTY RECOftOOt OF SAID COUNJY IN SOo« e or MAPS. PAO£ ... D£SCMIED AS ""-1.0'ft
AT TH£ MERSE'CTICW or THE' H THD!I.Y IM,'E OF BRIQH1'(W ROM) NlO THE KSTERLY 1.J,1£ OF H01E.. WAY: TH£MC£ ALONG SM> lK NORTH 221.03 fHT TO THE sotmERL'I' O.ffl£ OF PACl'ICA A'8«.J£.; THlHCf Al.DfrlO SMC NON-TNfOOlf CUlhE' TO 1H£ l£FT HAWfO A i\ADIUS OF 477.00 FllT (\ltfOSt aJffllll' 8CMS NOPf1H n r t:,\$7) DfltOOGH AH MC Of' r.z4'o," 20.00 fEET TO lNf EASl'DILY UN£ OF HOm.. WAl'; THDa 111.0HC SAD lWE SOU1H zn.05 FEET fD lNf NORlHDllY UNE OF 8RStHRW RQAQ; DEHa: N.OHC $-n> L.N: NOit "9'58'09• EAST 20.00 FEIT TO lH£ PQHT OF Q;HTAININC 4.oflf+/- SQUARE fEET
END OF 0£SCR!P710N
12 I
APN 1016-302-0JO
APN 1016-302-020
I
I
I 11
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I
10 LOT CLOSURE CALCULATION
Oledml,a la(riolg-Oi.tanc11 Tnl__. ot 14:0II on 2S Sap 2020 1) Mop R-,lb (1 - 1]
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Total Dttlon,;s 482.071111
.,__ ..........

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E --4.0001 9mg s:,'00"31-W
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Shart err Cun,.,
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IN 1i2'51"£ 477.0000
S 1,1'18"[ 477.0000
South 221.0500
HH"5&'00-W 20.0000 -·-... c.nt
2 >
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The Pri'Mttr Tolol (Mio•) eld"cltt both radlalt and dlord1 kit hd11del curw area. '
.. ,oecc

20.001>
482.0813
4419,4 (..:i, unlta)
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EXHIBIT B
id lo
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AVENUE t50 ft. wide>
APN 016-303-070
9 8
APN 016-303-060
4 5
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GRAPHIC SCALE
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(Dln:tr)
J..Cb•KI ft.
,._ .............

BENCH MARK
PK NAI. • !MO OH JOINT P«£
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(ASSUMCD D4Mf)

BRIGHTON ROAD
!'el fUo-fC»-US'7
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JOB NAME: .200902 Ref S116)

PROPOSED ABANDONMOIT OF' HOTEL WAY
In Block 8, 6 Mop:, .. fiJM Morch 18, 190B
Ci1 of Pocifrco Son Mateo Coun , CaJifornra

EXHIBIT MAP
7 I
APN 016-303-080
7 APN 016-303-050
6 DRAWN BV: CT CHECKED BY: c:r
SCALE: 1•-10•
OATE: September 18, 2020

OWG NUMBER SHEET
200106-4 1 OF 1

12.d
Packet Pg. 317 Attachment: Attachment D - Resolution of Intention By the City Council of the City Of Pacifica to Vacate Portions of Hotel Way [Revision 1]

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
9/12/2022
1 SUBJECT:

Updates to the City Council Rules and Code of Ethics
RECOMMENDED ACTION:

Adopt updates to the City Council Rules and Code of Ethics as recommended by the Councilappointed two Councilmember Ad Hoc Subcommittee, the City Manager, City Attorney, and City Clerk.

STAFF CONTACT:

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

As part of the City’s ongoing goal for continuous improvement in its policies and procedures for its conduct of business, it is a best practice to periodically review and consider updates to important policies and procedures. Dating back to Fiscal Year 2019-20, the City Council had identified this practice as a City Council Priority, which stated “Miscellaneous administrative policy updates: Continue to prioritize and update Council and administrative policies.” Numerous various policies and procedures have been gradually updated, such as the Streetlight Banners Policy, the Flag Policy, the Lands Acknowledgment Statement Policy, and the City Five Year Capital Improvement Program Policy, to name a few. On January 10, 2022, the City Council appointed a two-Councilmember ad hoc subcommittee, to consist of Mayor Pro tem Bigstyck and Councilmember O’Neill, to work with the City Manager, City Attorney, and City Clerk, in the review of the City Council Rules and Code of Ethics, and to develop recommendations for updating this important policy document.

The City Council Rules and Code of Ethics (Attachment A) is an important policy that has not been reviewed and updated since 2014. As summarized in its Introduction, this policy is important to establishing the standards for the roles, responsibilities and expectations of the governing board and staff in the operation of the organization, promoting communication, understanding, and trust in these roles, responsibilities and expectations, and helping to make City Council meetings as productive as possible.

The City Council Rules and Code of Ethics covers a broad range of topics, including:
• Operation of City Council Meetings
• Order of the Agenda
• Council Communications
• Councilmember and Public Decorum
• City Council Relationship with City Staff
Since the January appointment of the Council ad hoc subcommittee, the subcommittee and staff have reviewed the old policy and met twice to refine and finalize recommendations for updating the policy. Attachment A shows recommended updates to the policy, in track-changes format 13 Packet Pg. 318
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from the old 2014 policy. A summary of the recommended updates follows:
• Formatting and Clarification Updates: Minor miscellaneous changes throughout the policy are recommended to improve organization and readability of the policy, and to clarify wording as necessary. A Table of Contents will be added once the document is finalized;
• Clarification re: Current Council Meeting Practices: In some instances, minor details about meetings vary between current practices that have evolved since 2014 and what is written in the policy. For example, “Special Presentations” have been heard before the Consent Calendar, not after. The section on “Public Hearings - Appeals” has been revised to reflect the typical procedure in current use with respect to time allotted to applicants and appellants for presentations and rebuttals. These types of differences between current practice and what the policy states are noted, with a corresponding recommendation for Council consideration;
• Consistency with State Law: Some laws about public meetings have changed since 2014. While the City has complied with such changes, such as how the agendas and staff reports are printed and made available for public review, there are some details in the policy that need to be updated consistent with state law, or removed from the policy to not be duplicative of state law;
In Section 11, Administrative Matters, the ad hoc committee and staff are recommending an important change to paragraph #3 about how items become agendized for City Council consideration. Currently, with only seven days’ notice prior to a City Council meeting, a Councilmember can request the City Manager agendize an item. Since Council agendas/packets are typically posted 5 days prior to a Council meeting, the seven-day timeline does not allow sufficient time for staff research and report preparation. In addition, the policy does not specify rules related to how a majority of City Council should be required to direct significant staff resources to the preparation of agenda reports. In response to these concerns, the ad hoc committee and staff are recommending an update to the policy, which is also consistent with how the City Manager and Councilmembers have managed late-breaking but important Council agenda items in recent years. This practice creates flexibility in the timeline, and specifies that agenda items that are potentially controversial amongst Councilmembers, or would require more that one hour of research and preparation by staff, must initially be agendized to receive support from a majority of Council before staff resources are spent on analyzing the issue and preparing the staff report for Council consideration.

ALTERNATIVE ACTION:

The City Council could decide to not undertake this update work at this time.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Reviewing and updating the City Council Rules and Code of Ethics supports achievement of all of the Council Goals.

FISCAL IMPACT:

There is no fiscal impact associated with this recommendation ORIGINATED BY:
13 Packet Pg. 319
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City Manager's Office
ATTACHMENT LIST:

Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (PDF)
Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (PDF)
13 Packet Pg. 320

CITY COUNCIL RULES

AND CODE OF ETHICS
Revised 2014
Proposed Revision 2022

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Packet Pg. 321 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 2 WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and WHEREAS, the establishment of standards by the City Council will promote communication, understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of the City; and WHEREAS, the establishment and periodic review of these City Council rules will assist all City Councilmembers to better understand their role and responsibilities and will help to make City Council meetings as productive as possible; and WHEREAS, established standards by an adopted City Council Rules and Code of Ethics provides an understanding for the members of the community for expectations of the roles and responsibilities of members of the City Council and standards for conducting City Council meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that the following City Council Rules and Code of Ethics are adopted and that all City Councilmembers will comply therewith.

CITY COUNCIL RULES OF OPERATION
Section 1. GENERAL RULES:

The rules will be equally applicable to regular and special meetings of the City Council. Any act that the Mayor is authorized to perform may be performed by the Mayor pro Tem in the Mayor’s absence.

Section 2. OPERATION OF CITY COUNCIL MEETINGS

1. Regular City Council meetings will be held on the second and fourth Mondays of each month. The meetings will begin at 7:00 p.m. Meetings will conclude by 11:00 P.M unless a majority of Councilmembers present vote to extend the time of the meeting. The Council, beginning at 910:00 p.m. and thereafter if the majority requests it, will determine which issues will be completed at that meeting and which items will be

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Packet Pg. 322 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 3 continued to the next regular or special Council meeting. The meeting may proceed past 11:00 p.m. only if a majority of the Councilmembers in attendance vote to extend the meeting to a time certain because it is necessary or in the public interest to do so. All City Councilmembers will use their best efforts to see that the agenda proceeds as promptly and efficiently as possible so that all scheduled items can be heard in the time allotted. The Mayor may call a recess every two hours. Additional recesses may be called as needed.

2. In order to einsure that all members of the public have an opportunity to speak and that the Council is able to complete the public’s business, there will be a threeminute limitation on comments by the public unless otherwise approved by a majority of the Council. In order to effectively enforce this rule, the Mayor will monitor the time for each speaker and inform the Council when the three-minute limitation has been reached.

The Mayor will strictly enforce the three-minute time limit. Persons representing organizations or groups of persons may be granted additional time upon consent of a majority of the Council. Individual speakers may not use the three-minute allocation of other persons. Individual speakers may not speak twice on the same item.

3. Oral Communications on Non-Agendized Items.

A. There will be an opportunity for Oral Communications on nonagendized items on each regular City Council agenda following Council Communications.

B. Any person wishing to address the Council shall be recognized by the Mayor during Oral Communications, provided, however, that during the Oral Communications portion of the agenda, only items not on the agenda for that meeting may be addressed. All remarks shall be addressed to the Council as a body and not to any member thereof. Councilmembers shall not enter into debate with speakers under Oral Communications.

C. The Mayor will state at the beginning of each meeting the Council’s policy regarding three-minute limitation on comments by the public. The Mayor, or staff assigned to time-keeping will announce when the three minutes have expired. The Mayor may adjust the time allotted per speaker based on the estimated number of speakers requesting to comment during Oral Communications.

D. Management of Oral Communications cards: The cards requesting to speak during Oral Communications will be taken in the order received by the Mayor.

There may also be an option for members of the public to comment via phone or call-queue . The order in which speakers are called upon will be determined by the Mayor in his or her sole’s discretion.

E. Citizens who anticipate their public comment may concerns exceeding three minutes are encouraged to submit comments in writing in advance to the City Clerk for prior distribution to the Council. Whenever possible, the material should be submitted by noon on the Wednesday before the next Mondaydate of the City Council meeting or by theany submission deadline otherwise specified in the meeting Agenda.

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Packet Pg. 323 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 4 Written comments received by the specified deadline will be distributed to the Council and posted on the City’s website prior to the meeting. All written comments that are submitted after the specified deadline, will be made part of the public record for that particular agenda item.

F. Concerns should be limited to items within the subject matter jurisdiction of the City Council only. Submission of comments in writing is encouraged in lieu of lengthy oral presentations.

G. If there are a number of people requesting to speak on a particular subject under Oral Communications, the Mayor may request that the speakers assist the Council in having the Council meeting proceed efficiently. To that end, the Mayor may request that a spokesperson be designated to represent an organization or group and may request that other speakers in the group limit their comments to indicating their agreement with the spokesperson. A show of hands may also be requested.

H. No action can be taken on items raised under Oral Communications.

Upon conclusion of Oral Communications, City Councilmembers may briefly respond to statements or questions made. The City Manager may summarize the issues and questions raised. In addition, in response to questions posed by the public, Councilmembers may ask a question for clarification, refer the matter to staff, to a City board or commission, or to other resources for factual information, or request staff to report back to the Council at a subsequent meeting. The City Council may also direct staff to place the matter on a future agenda.

I. Councilmembers should not get into a discussion or debate with a member of the public during Oral Communications. Upon conclusion of the public input portion of Oral Communications, the Mayor will provide Councilmembers ’with the opportunity to respond to comments or statements made by a member of the public if a Councilmember wishes to do so.

4. Addressing the Council on Regular Agenda Items
A. Time limits for individuals. Persons wishing to address the Council are requested to give their name for the record and, unless further time is granted by the City Council, their remarks shall not exceed three minutes or the limit imposed at the Mayor’s discretion. In the case of a hearing required by law, applicants or their agents and appellants should generally be given ten minutes for their opening presentation and three minutes for rebuttal before the hearing is closed. In a hearing required by law, upon advice of the City Attorney, the City Council may grant sufficient additional time to allow an adequate presentation by the applicant or appellant. [NOTE: Deleted text from this section has been reflected as edited in Section 2-5: Public Hearings – Appeals.]

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Packet Pg. 324 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 5 B. Spokesperson for a group of persons. When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to address the Council.

C. Addressing the Council after the time for public input has closed.

Following the time for public input and once the matter is returned to the Council After the Mayor has closed the public comment period or public hearing and Council has commenced deliberation on an itemfor deliberation, no person shall address the Council without first securing the permission of the majority of the Council of the Mayor to do so, subject to approval of the City Attorney with respect to any hearing required by law.

During Council deliberation, Councilmembers may ask questions of speakers to clarify points made during the public input portion of the hearing after securing the permission of the Mayor to do so.

5. Special Presentations.

Ceremonial items such as commendations, proclamations and special presentations will be handled after consideration of Consent Calendar items. [NOTE:

This section has been reorganized and included in Section 6 “Regular Agenda Items”.] [NOTE: New Section 2-5 below reflects the text moved from Section 4-A above and is shown with revisions to that language formatted as a tracked change.]

65. Public Hearings – Appeals
A. In the case of a hearing required by law, applicants or their agents and appellants should generally be given ten minutes for their opening presentation and three minutes for rebuttal with the option to reserve up to three minutes for rebuttal before the hearing is closed. In a hearing required by law, upon advice of the City Attorney, the City Council may grant sufficient additional time to allow an adequate presentation by the applicant or appellant.

Section 3 6. Public DecorumPUBLIC DECORUM.

A. Councilmembers will address the public and staff in a courteous manner.

B. It is the policy of the Council that all members of the public have the right to address the Council and that right includes the right to make remarks that members of the City Council may find critical, unpleasant or even offensive. However, it is also important that a proper standard of behavior be maintained during meetings and that the City Council is able to complete the public’s business in a timely manner. Therefore, the public should respect the order, procedures and decorum of City Council meetings.

Persons addressing the City Council shall adhere to time limits and not , should shall not make slanderous or obscene remarks, shall not disrupt the conduct of the meeting, and shall not make threats against any person or the public order. The Mayor shall enforce this rule of decorum by ordering the speakers to maintain decorum and may take steps necessary to

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Packet Pg. 325 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 6 restore order to the meeting including but not limited to, recessing the meeting or terminating the speaker’s right to hold the floor.

The Mayor, or their designee, may remove or cause the removal of an individual for disrupting the meeting, after providing the necessary warning pursuant to California Government Code Section 54957.95. Prior to any removal, the Mayor or their designee, shall confirm with the City Attorney that removal of an individual is appropriate.

Section 4. CITY COUNCIL DECORUM
A. Respect for each individual Councilmember’s interpersonal style will be a standard of operation. Courtesy and respect for individual points of view will be a standard of operation. All City Councilmembers will respect each other’s right to disagree. All City Councilmembers will expect a high degree of decorum and courtesy during City Council meetings both among Councilmembers and towards the public and staff in interactions between and among Councilmembers, from Councilmembers towards the public and staff, and from the public towards Councilmembers and staff.

B. The Mayor will use his or her discretion to enforce encourage Councilmembers and public to abide by these rules. Councilmembers and staff will be polite, even under tense situations, and will refrain from impolite or disrespectful remarks and body language at public meetings either towards a City Councilmember, staff or the public.

C. Councilmembers should not get into a hostile or adversarial debate with a member of the public or staff at a Council meeting, since these types of debates seldom resolve concerns and many times inflame feelings. If a speaker from the public personally attacks or “pushes buttons” of the Council, the Mayor may ask the staff for input; if appropriate; although the Mayor may ask staff for input, the Council will not engage in debate with the speaker. If a speaker from the public makes such inflammatory or erroneous statements, after the conclusion of public input, the Mayor will may then provide the Council or staff with the opportunity to correct such statements if any City Councilmember wishes.

D. Councilmembers will strive to keep open minds on all issues prior to a vote. Individual Councilmembers will maintain as near neutral a position as possible to assure the openness that is required to carry out the Council’s community responsibility.

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Packet Pg. 326 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 7 point of view in a negative manner. Negative manner includes: personally attacking another Councilmember, staff or member of the public, walking off the Council dais or leaving any meeting in anger or disgust; emphasizing a political point of view solely for the purpose of playing to the audience unrelated to the issue before the Council; using the dais for a strictly personal purpose; addressing the media for political purposes rather than addressing the Council as a body, or; purposely misstating the facts of an issue for political purposes; or monopolizing discussion time including posing too many questions on an issue that do not facilitate furthering deliberation, general understanding or bring the issue to a conclusive decision.

F. If a Councilmember requires more information on a specific agenda item, Councilmembers are encouraged to direct specific questions to staff through the City Manager prior to the meeting. Staff, as directed by the City Manager, will make all reasonable efforts to research questions posed prior to the meeting and provide clarifying information to Councilmembers.

FG. The City Council respects that the decision of the City Council is made by the majority and not by any individual City Councilmember. Members who are in the minority on an issue will respect the authority of the majority. Members who are in the majority will respect the right of the minority to express their disagreement with the majority decision. Once the agenda item has been voted upon, the City Council minority after making his/her position known for the record, must respect the decision of the majority.

Section 35. Order of the AgendaORDER OF THE AGENDA
Matters will be heard in the order printed on the City Council agenda. However, with majority Council approval, the City Council may hear agenda items out of their prescribed order on the printed agenda, if a large number of the public are present to speak on that specific agenda item, or if the City Council otherwise determines that it is in the public interest to change the order of the agenda.
[NOTE: Section 4. “Consent Calendar” and Section 5. “Council Communications” have been reorganized and included in Section 6 “Regular Agenda Items”.] Section 4. Consent Calendar
Items may be placed upon the Consent Calendar by the City Manager whenever, in his or her judgment, such items are expected to be routinely approved without requiring substantial discussion or debate. The Consent Calendar shall be voted upon as one item. Any Councilmember may ask brief questions to clarify an issue prior to voting on the Consent Calendar and there may be brief Council discussion of an item. If further discussion or debate is desired, any Councilmember may request that an individual item be removed from the Consent Calendar in which case the item shall be considered on the regular agenda immediately after the Consent Calendar unless otherwise determined by

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Packet Pg. 327 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 8 the Council. Any Councilmember may request that such member’s vote be recorded as other than yes on any individual item without having to remove the same from the Consent Calendar.

All items on the Consent Calendar will have staff reports sufficient to adequately inform the public of the nature of the items on the Consent Calendar of which reports shall be posted and available in the Council Chambers.

Section 5. Council Communications
The purpose of Council Communications is for Councilmembers to inform each other of items of potential interest to other Councilmembers, such as interagency meetings.

City Councilmembers should generally adhere to a three-minute time limit for Council Communications unless additional time is granted by a majority of the City Council.

Section 6. Regular Agenda ItemsREGULAR AGENDA ITEMS
[NOTE: Section 6 “Regular Agenda Items” has been edited to include text as reorganized from other sections of the 2014 version of the document; the changes from the original language from other sections has been formatted to show changes as tracked.]

1. Special Presentations
Ceremonial items such as commendations, proclamations and special presentations, if any, will be handled after prior to consideration of Consent Calendar items pursuant to the City of Pacifica Administrative Policy No. 1 as stated in the Council Agenda Format – Order of Business.

There should be an attempt to limit all commendations, proclamations and special presentations to no more than 20 minutes.

2. Consent Calendar
Items may be placed upon the Consent Calendar by the City Manager whenever, in his or her judgment, such items are expected to be routinely approved without requiring substantial discussion or debate. The Consent Calendar shall be voted upon as one item. Any Councilmember may ask brief questions to clarify an issue prior to voting on the Consent Calendar and there may be brief Council discussion of an item without the need to remove any items off of consent. If further discussion or debate is desired, any Councilmember may request that an individual item be removed from the Consent Calendar in which case the item shall be considered on the regular agenda immediately after the Consent Calendar unless otherwise determined by the Council. Any Councilmember may request that such member’s vote be recorded as

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Packet Pg. 328 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 9 other than yes on any individual item without having to remove the same from the Consent Calendar.

3. Oral Communications
The purpose of Oral Communications is for any member of the public to address the City Council on any issue that is not on the Agenda. See Section 2-3 for management of Oral Communications on Non-Agendized Items.

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

City Councilmembers should generally adhere to a three-minute time limit for Council Communications unless additional time is granted by a majority of the City Council.
5l. Council Considerations
Routine items for Council consideration which are not likely to require extensive discussion shall be agendized before Public Hearings.

The remainder of items for Council consideration shall be heard after Public Hearings.
[NOTE: The below section “City Council Decorum” has been edited and reorganized to Section 4 earlier in the document.]

2. City Council Decorum.

A. Respect for each individual Councilmember’s interpersonal style will be a standard of operation. Courtesy and respect for individual points of view will be a standard of operation. All City Councilmembers will respect each other’s right to disagree. All City Councilmembers will expect a high degree of decorum and courtesy during City Council meetings both among Councilmembers and towards the public and staff.

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Packet Pg. 329 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 10 B. The Mayor will use his or her discretion to enforce these rules.

Councilmembers and staff will be polite, even under tense situations, and will refrain from impolite or disrespectful remarks and body language at public meetings either towards a City Councilmember, staff or the public.

C. Councilmembers should not get into a hostile or adversarial debate with a member of the public or staff at a Council meeting, since these types of debates seldom resolve concerns and many times inflame feelings. If a speaker from the public personally attacks or “pushes the buttons” of the Council, the Mayor may ask the staff for input; if appropriate; although the Mayor may ask staff for input, the Council will not engage in debate with the speaker. If a speaker from the public makes such inflammatory or erroneous statements, after the conclusion of public input, the Mayor will then provide the Council with the opportunity to correct such statements if any City Councilmember wishes.

E. There will be no “grandstanding” on any issue. “Grandstanding” refers to the misuse of the grandstand, or Council dais. It is the use of an individual Council seat on the Council dais in a disrespectful and inappropriate manner to state a point of view in a negative manner. Negative manner includes: personally attacking another Councilmember, staff or member of the public, walking off the Council dais or leaving any meeting in anger or disgust; emphasizing a political point of view solely for the purpose of playing to the audience unrelated to the issue before the Council; using the dais for a strictly personal purpose; addressing the media for political purposes rather than addressing the Council as a body, or purposely misstating the facts of an issue for political purposes.

F. The City Council respects that the decision of the City Council is made by the majority and not by any individual City Councilmember. Members who are in the minority on an issue will respect the authority of the majority. Members who are in the majority will respect the right of the minority to express their disagreement with the majority decision. Once the agenda item has been voted upon, the City Council minority after making his/her position known for the record, must respect the decision of the majority.

Section 7. Deliberation and VotingDELIBERATION AND VOTING.

1. Order of Deliberation. The Mayor will call upon individual Councilmembers and give them the floor in the order the deliberation lights are turned on.

In the event the Mayor cannot determine the order of the lights the Mayor will grant the floor from the left side of the dais to the right. The Mayor pro Tem will monitor the lights and assist the Mayor in setting the order of deliberation and making sure the speaker cards are in proper order.

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Packet Pg. 330 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 11 2. It is not necessary for all Councilmembers to speak or give their viewpoints on every issue or item on the agenda, especially if their concerns have already been addressed by other Councilmembers. On critical or significant issues, all members of Council will undoubtedly want to indicate individual opinions on the issue but City Councilmembers should avoid repetition and should strive to move the deliberation along promptly.

3. When an agenda item is called, the Mayor will call for a staff report. After the staff report, the City Councilmembers may ask staff brief questions to clarify facts, but should not engage in discussion or debate of the issue prior to public input.

4. At the conclusion of public input and during City Council discussion deliberations, the Mayor may request preliminary straw votes if it will assist the City Council in framing motions.

5. The Council shall debate and discuss issues audibly into the microphone and avoid “off-mike” and individual conversations during public input and debate.

6. The Mayor may move, second and debate from the chair, subject only to these rules. The Mayor shall not be deprived of any of the rights and privileges of a Councilmember. The Mayor customarily will take the floor after other Councilmembers who wish to speak have spoken. The Mayor may move, second and discuss from the chair, subject only to these rules.

7. Division of a motion. If a motion contains two or more divisible parts, each of which is capable of standing as a complete motion, the Mayor may, and upon request of a member shall, divide the same.

8. Withdrawal of motion. A motion may not be withdrawn by the maker without the consent of the Councilmember seconding it.

9. Correction of vote. Councilmembers may correct an erroneously cast or recorded vote before the next item on the agenda is called.

10. Voting. On the passage of every motion, the vote shall be taken by voice or electronic voting device and entered in full upon the record.

11. Silence constitutes affirmative vote. Councilmembers who are silent during a voice vote shall have their vote recorded as an affirmative vote, except when individual Councilmembers have stated in advance they will not be voting.

12. Abstention from vote. An abstention for reasons of legal disqualification to vote shall not be counted for any purpose. Non-legal abstentions for personal reasons (such as friendship or appearance) shall be stated with the reason for the abstention and shall not count for any purpose other than a quorum.

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Packet Pg. 331 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 12 13. Not participating. A Councilmember who has disqualified himself or herself pursuant to the Political Reform Act of 1974 because of any financial interest shall disclose the nature of the conflict and may not participate in the discussion or the vote, unless required by the Rule of Necessity.

14. Tie votes. Tie votes generally mean that no action has been taken on a matter. In the case of an appeal or a land use decision, a tie vote generally signifies that the underlying action stands. Tie votes may be reconsidered on a motion by any member of the Council before the next item on the agenda. In the event of a tie vote, any member of the Council may make a motion to continue the matter to another date. Any continuance shall suspend the running of any time in which action of the City Council is required by law. Nothing herein shall be construed to prevent any Councilmember from agendizing a matter which resulted in a tie vote for a subsequent meeting unless the matter involves an appeal or a land use decision or the City Attorney opines is not legally allowed.

15. Motion to reconsider.

A. A motion to reconsider any action taken by the Council may be made only during the meeting when the action was takenA motion to reconsider requires a second, is debatable and is not amendable. Such motion must be made by a Councilmember who was on the prevailing side, but may be seconded by any Councilmember. A motion to reconsider may be made at any time during the meetingbefore the posting of the next regular meeting agenda and shall have precedence over all other motions. The purpose of reconsideration is to bring back the matter for review at the next meeting. If a motion to reconsider fails, it may not itself be reconsidered.

Reconsideration may not be moved more than once on the same motion.

B. Nothing herein shall be construed to prevent any Councilmember from making a motion to reconsider such action at a subsequent meeting of the Council where the matter has been agendized for that purpose. Such motion to reconsider may not be made where the City Attorney advises that it is not permissible under the particular circumstances.

16. Appeal from the decision of Mayor. The Mayor shall decide all questions of debate and voting procedure. Any procedural decision or ruling of the Mayor may be appealed by any Councilmember to the whole Council and a final decision on the ruling by the Mayor will be determined by majority vote of the Council. If the councilmember appeal fails or results in a tie vote, the Mayor’s ruling shall stand. If said vote passes, the decision or ruling of the Mayor is reversed.
, subject to appeal by a Councilmember to the whole Council. In additionWhen in doubt, prior to making an initial ruling on any procedural matter, the Mayor may submit the question to the Council in the first instance, in which case a majority vote shall prevail.

Any procedural decision or ruling of the Mayor may be appealed by request of any member.

The Mayor shall call for a roll call or electronic voting device vote to determine if the

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Packet Pg. 332 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 13 Mayor’s ruling shall be upheld. If said vote passes or results in a tie vote, the Mayor’s ruling shall stand. If said vote fails, the decision or ruling of the Mayor is reversed.

17. Getting the floor. Every Councilmember desiring to speak shall push the debate button and, upon recognition by the Mayor, every Councilmember shall be confined to the question under debate, avoiding disrespectful remarks or body language.

18. Interruptions. Except for being called to order, a Councilmember once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Councilmember called to order while speaking shall cease speaking until the question or order is determined, and if in order, said Councilmember shall be permitted to proceed.

19. There shall be no voting by secret ballot.

Section 8. MotionsMOTIONS.

1. The Mayor shall ensure that all motions are clearly stated before allowing debate to begin and also immediately before a vote is taken. The Mayor may request a City Councilmember to restate a motion for clarification, may restate the motion or direct staff to restate the motion.

2. Motions defined. The following motions may be made by the City Council. a. The main motion. A main motion is a motion on the issue before the Council. It needs a second, is amendable and is debatable. b. Fix the time to which to adjourn the meeting to another date. A motion to fix the time to which to adjourn requires a second, is amendable and is debatable only at the time to which the meeting is adjourned. The purpose is to set a time for continuation of the meeting to another date.
c. Motion to adjourn the present meeting. This motion requires a second and is not debatable. A motion to adjourn shall be in order at any time, except as follows: (1) when repeated without intervening business or discussion; (2) when made as an interruption of a member while speaking; (3) when the question has been called; and (4) while a vote is being taken.
d. Motion to take a recess. A motion to take a recess requires a second, is amendable but is not debatable. The purpose is to interrupt the meeting for a brief recess. ce. Motion to raise a question of personal privilege. The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character or motives are directly

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Packet Pg. 333 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 14 questioned by another Councilmember during debate. The maker of the motion may interrupt another speaker if the Mayor recognizes the “privilege”. The motion does not require a second, is not amendable and is not debatable. f. Motion to call for the order of the agenda. A motion to call for the order of the agenda does not require a second, is not amendable and is not debatable. The purpose is to require adherence to the order of the agenda. dg. Motion to lay on the table. The purpose is to interrupt discussion of the item at hand for more urgent business or to end consideration of an item without action.

A motion to lay on the table requires a second, is not amendable and is not debatable. It shall preclude all amendments or debate of the subject under consideration. If the motion prevails, and the subject is tabled, the matter may be taken from the table at any time prior to the end of the meeting. Any councilmember can agendize the subject of a tabled matter for a later city council meeting.
eh. Motion to call the question. The purpose of this motion is to close debate on the pending motion. A motion to call the question requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If the motion fails, debate is reopened; if the motion passes, then the City Council votes on the pending motion. A motion to call the question requires a majority vote of those Councilmembers present and voting. fi. Motion to continue to a certain time. A motion to continue to a certain time is amendable and is debatable as to propriety of postponement and time set.

Purpose is to continue the matter to another specified time. gj. Motion to refer to a City Commission, Committee, officer or City Council ad-hoc subcommittee agency, body, committee, board, commission or officer. A motion to refer requires a second, is amendable, and is debatable only as to the propriety of referring. Purpose of the motion is to send subject to another city agency, body, committee, board, commission or officer for further study and report back to council, at which time subject is fully debated.
hk. Motion to amend or substitute. A motion to amend a motion or to substitute one motion for another requires a second, is amendable, and is debatable only if the motion to which it applies is debatable. A motion to amend an amendment is also in order. An amendment can modify a motion but should not raise an entirely different or independent question. An amendment must be relevant to the main motion.

Amendments take precedence over the main motion. Amendments to amendments are voted first, then the amendment. If approved, the main motion is amended. l. Motion to take from the table. Subject to any applicable agenda posting requirement, a motion to take from the table may be made at any time prior to the end of the next meeting at which the item was tabled. The purpose is to consider business

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Packet Pg. 334 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 15 previously laid aside in favor of more urgent business. A motion to take from the table requires a second, is not debatable and is not amendable.

Section 9. Closed SessionsCLOSED SESSIONS:.

1. Purpose. It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, the City Council recognizes that, in certain limited circumstances, public discussion jeopardizes the public interest, compromises the City’s position, and could cost the taxpayers of Pacifica a significant amount of money.

Therefore, these rules provide for strict confidentiality of City Council discussion in certain circumstances allowed by law.

2. Rule of Confidentiality. The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Councilmembers and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.

The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality of closed sessions.

3. Breach of Rule of Confidentiality.

No person who attends a closed session may disclose any statements, discussions, documents or votes made in a closed session except where specifically authorized by these rules. Any authorized disclosure will be in strict compliance with these rules and the Ralph M. Brown Act. Violation of this rule shall be considered a breach of this rule of confidentiality and subject to penalties as described in Item 119 below.

4. Where required by In accordance with the Brown Act, the City Council agenda will contain a brief general description of the items to be discussed at the closed session. City Councilmembers will keep all written materials and verbal information provided to them in closed session in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials will be made to anyone other than Councilmembers, the City Attorney or City Manager, except where authorized by a majority of the City Council or otherwise required by law.

5. Permissible Topics. All closed sessions will be held in strict compliance with the Brown Act. Upon the advice of the City Attorney, closed sessions may be held to discuss:

A. personnel matters;
B. employer-employee relations;

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Packet Pg. 335 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 16 C. litigation;
D. real estate negotiations;
E. other matters only where specifically allowed by the Brown Act.

6. Scheduling Closed Sessions. Subject to the advice of the City Attorney, a closed session may be called by the Mayor, by a majority of the City Council, by the City Attorney or by the City Manager.

7. Persons Permitted to Attend. The City Council, City Manager and City Attorney, or their designees, may attend closed sessions unless it is necessary to excuse them for conflict of interest. Only such additional staff or attorneys shall attend as are necessary. The department head whose department is most directly affected by the topic of the closed session may also attend.

8. Rules of Decorum.

A. The same high standard of respect and decorum as applied to regular meetings shall apply to closed sessions. There shall be courtesy, respect and tolerance for all viewpoints and for the right of Councilmembers to disagree. Councilmembers shall strive to make each other feel comfortable that it is safe to express their points of view. All Councilmembers have the right to insist upon strict adherence to this rule.

B. Councilmembers may make whatever written notes they deem helpful and appropriate. All such documents are subject to these rules of confidentiality and shall be kept strictly confidential.

C. Prior to a vote, the Mayor shall insure that the motion is clearly stated and clearly understood by all Councilmembers.

D. The Mayor shall keep the debate discussion moving forward so that debate discussion and a vote can occur in the time allotted for the closed session. The Mayor will determine the order of debate in a fair manner.

9. Operating Procedures.

A. Call to order. The Mayor will call the closed session to order promptly at its scheduled time.

B. Statement of Permissible Topics for Closed Session. The City Attorney or his/her designee will set the legal parameters of the closed session. The City Attorney will state the topic or topics which can be legally discussed at the closed session.

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Packet Pg. 336 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 17 No other topic will be discussed. The City Attorney will advise the Council whether discussion falls within legally permissible topics.

C. Focus. The Mayor, the City Attorney, the City Manager or their designee will keep discussion focused on the permissible topics.

D. Visual Aids. The use of handouts and visual aids such as charts is encouraged to focus debate and promote understanding of the topic. All such materials are strictly confidential and will normally be collected back at the end of the session.

E. If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisition or disposal, a proposed or pending claim or litigation, or employee negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the matter. A Councilmember will not under any circumstances have any contact or discussion with the other party or its representative concerning the matter which was discussed in the closed session and will not communicate any discussions conducted in closed session to such party.

10. Public Disclosure by the City Council as a Body after a City Council Action Becomes Final. shall be in accordance with the requirements of the Brown Act.

A. The Brown Act requires that, as a body, the City Council make certain public disclosure of closed session decisions when those actions have become final.

Accordingly, the City Council as a body shall publicly report the action taken in closed session and the vote or abstention of every Councilmember present at a publicly noticed meeting as required by the Brown Act.

B. The report may be oral or written. The report will state only the action taken and the vote. Unless authorized by the majority of the City Council, the report will not state the debate or discussion that occurred, nor disclose statements made individual statements made by individual Councilmembers during the discussion. Except for the action taken and the vote, all closed session discussions will remain confidential except as otherwise determined by a majority of the City Council.

C. Taping. Except where required by the Brown Act, closed session shall not be tape recorded.
119. Penalties.

In addition to any penalties applicable under the Brown Act, violation of these confidentiality rules may be punishable by resolution of the Council censoring the person or persons responsible for the disclosure.

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Packet Pg. 337 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 18 Section 10. CITY COUNCIL RELATIONSHIP WITH CITY STAFFCity Council Relationship with City Staff.

1. City staff acknowledge that the Councilmembers are the City’s policy makers and the City Council acknowledges that staff administers the Council’s policies.

The Council is the overall policy body and holds the City Manager responsible for the administration of the City departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments pursuant to the Council’s direction. The practices of each department are subject to review and approval by the City Manager.

2. The Council will direct staff only through the City Manager. If a written report or research from staff is requested, Council should go through the City Manager.

3. Staff The City Manager shall inform all Councilmembers when written informational material has been requested by a Councilmember. Copies are not necessary unless requested by a Councilmember. City Councilmembers should contact the City Manager or staff as early as possible if they desire to have any additional written material prior to a City Council meeting. If Councilmembers have questions, need clarification, or need additional material, Councilmembers will advise staff the City Manager as early as possible before a City Council meeting so that staff can meet their needs.

4. Council will not attempt to coerce or direct staff in the performance of their duties.

5. Staff reports should be provided to the City Council as early as possible before a meeting but no later than Friday before the next City Council meeting. Staff reports will give professional input on the issue, including areas of potential controversy and concern, will try to present all sides of an issue, and will recommend areas for discussion and decision by the City Council.

6. Once a decision is made by Council, it will be fully supported, accepted and implemented by staff.

7. Any concerns by a Councilmember over the performance of a City employee should be discussed privately with the City Manager. City Councilmembers should not engage in personal attacks on staff in public.

Section 11. Administrative MattersADMINISTRATIVE MATTERS.

1. The City Council will agendize and prioritize those significant items to be scheduled as future Council agenda items or study session topics. Study sessions and closed sessions will be scheduled before City Council meetings as needed. Whenever

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Packet Pg. 338 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 19 feasible, the City Council will receive seven (7) days ’notice of the scheduling of a study session or closed session.

2. Attendance at Meetings.

City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duties. Councilmembers shall attend all such meetings unless unable to do so.

3. An individual Councilmember may agendize an item for a City Council meeting by contacting the City Manager. Potentially controversial items and items that may require more than one hour of staff time to sufficiently analyze and prepare a staff report for Council consideration will be first agendized to ask the City Council if staff time should be spent on preparing a report on the proposed item. Requests from Councilmembers to place an item on the agenda shall be made to the City Manager a minimum of ten (10) days before the next City Council meeting. Depending on the urgency of the proposed item, such as can occur for action deadlines that apply to proposed state legislation, the City Manager shall consult with the Mayor about when a proposed item should be agendized for Council consideration. All agenda items requiring a detailed staff report may be placed on the Agenda only if the request is made to the City Manager seven (7) days before the next City Council meeting. A City Councilmember request to agendize an item for reconsideration of a prior City Council decision shall require the majority approval of the City Council.

4. If a member of the City Council represents the City before another governmental agency, or organization, the Councilmember will first indicate the majority position of the Council. The Councilmember must fairly and objectively represent the majority views of the City Council position even if his/her personal opinion differs. When appearing in a personal capacity, a Councilmember may express his/her personal opinions and comments only if the Councilmember clarifies that these statements do not represent the position of the City Council. Councilmembers shall notify the Mayor of planned attendance at meetings where possible City issues could be discussed even if attending .

This is required even though the Councilmember is attending as a private citizen in order , not representing the City. This policy is necessary to avoid the inadvertent attendance of a majority of the Council in violation of the Brown Act, or to allow the proper notice of such meeting to comply with the Act.

5. Any written correspondence or other materials received by the City Manager for the City Council will be stamped with the date of receipt by the City Clerk and distributed to the City Council. Incoming requests to City Council as a whole generally are responded to by the Mayor or Councilmember. If Councilmembers get a letter addressed to them individually and they feel the letter is of general interest to the Council, a Councilmember should ask the City Manager to distribute it to other Councilmembers.

Councilmembers may ask the Mayor or City Manager to respond to such a letter. If Councilmembers receive an email addressed to them individually and they feel the email is of general interest to the Council, the Councilmember may forward the email to

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Packet Pg. 339 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council 20 “[email protected]” to be considered with the written record of public comments for a City Council meeting or forward to the City Manager and ask the City Manager to respond to the email.

6. The Mayor will be the ceremonial spokesperson on behalf of the Council in all matters except if directed to a specific individual.

7. The Mayor will represent the Council’s position/policy even if his or her personal opinion is different or if the issue did not have a unanimous vote.

8. The Council will rely on the Mayor to act in a manner that is courteous and welcoming to the public at all times, even under pressure or during controversial issues.

9. If the Mayor is not available to represent the Council at a community event or meeting, the Mayor Pro Tem or another Councilmember will be available as back-up or to help lighten the Mayor’s schedule.

10. Any Councilmember who is unable to attend a committee meeting for which they are the designated Council liaison must notify the alternate to that committee prior to the meeting.

11. These rules may be amended by a majority vote of the City Council.

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Packet Pg. 340 Attachment: Attachment A: City Council Rules and Code of Ethics - Recommended Updates shown in Tracked Changes (5117 : City Council

CITY COUNCIL RULES

AND CODE OF ETHICS
Proposed Revision 2022

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Packet Pg. 341 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 2 WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and WHEREAS, the establishment of standards by the City Council will promote communication, understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of the City; and WHEREAS, the establishment and periodic review of these City Council rules will assist all City Councilmembers to better understand their role and responsibilities and will help to make City Council meetings as productive as possible; and WHEREAS, established standards by an adopted City Council Rules and Code of Ethics provides an understanding for the members of the community for expectations of the roles and responsibilities of members of the City Council and standards for conducting City Council meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that the following City Council Rules and Code of Ethics are adopted and that all City Councilmembers will comply therewith.

CITY COUNCIL RULES OF OPERATION
Section 1. GENERAL RULES:

Section 2. OPERATION OF CITY COUNCIL MEETINGS

1. Regular City Council meetings will be held on the second and fourth Mondays of each month. The meetings will begin at 7:00 p.m. Meetings will conclude by 11:00 P.M unless a majority of Councilmembers present vote to extend the time of the meeting. The Council, beginning at 10:00 p.m. and thereafter if the majority requests it, will determine which issues will be completed at that meeting and which items will be

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Packet Pg. 342 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 3 continued to the next regular or special Council meeting. The meeting may proceed past 11:00 p.m. only if a majority of the Councilmembers in attendance vote to extend the meeting to a time certain because it is necessary or in the public interest to do so. All City Councilmembers will use their best efforts to see that the agenda proceeds as promptly and efficiently as possible so that all scheduled items can be heard in the time allotted. The Mayor may call a recess every two hours. Additional recesses may be called as needed.

3. Oral Communications on Non-Agendized Items.

A. There will be an opportunity for Oral Communications on nonagendized items on each regular City Council agenda.

D. Management of Oral Communications: The cards requesting to speak during Oral Communications will be received by the Mayor. There may also be an option for members of the public to comment via phone or call-queue. The order in which speakers are called upon will be determined by the Mayor in his or her sole discretion.

E. Citizens who anticipate their public comment may exceed three minutes are encouraged to submit comments in writing in advance to the City Clerk for prior distribution to the Council. Whenever possible, the material should be submitted by noon on the date of the City Council meeting or by any submission deadline otherwise specified in the meeting Agenda. Written comments received by the specified deadline will be distributed to the Council and posted on the City’s website prior to the meeting. All

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Packet Pg. 343 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 4 written comments that are submitted after the specified deadline, will be made part of the public record for that particular agenda item.

F. Concerns should be limited to items within the subject matter jurisdiction of the City Council only. Submission of comments in writing is encouraged in lieu of lengthy oral presentations.

H. No action can be taken on items raised under Oral
Communications. Upon conclusion of Oral Communications, City Councilmembers may briefly respond to statements or may ask a question for clarification, refer the matter to staff, or request staff to report back to the Council at a subsequent meeting.

B. Spokesperson for a group of persons. When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to address the Council.

C. Addressing the Council after the time for public input has closed.

After the Mayor has closed the public comment period or public hearing and Council has commenced deliberation on an item, no person shall address the Council without first securing the permission of the Mayor to do so, subject to approval of the City Attorney with respect to any hearing required by law. During Council deliberation, Councilmembers may ask questions of speakers to clarify points made during the public input portion of the hearing after securing the permission of the Mayor to do so.

5. Public Hearings – Appeals
A. In the case of a hearing required by law, applicants or their agents and appellants should generally be given ten minutes for their opening presentation with the option to reserve up to three minutes for rebuttal before the hearing is closed. In a hearing required by law, upon advice of the City Attorney, the City Council may grant sufficient additional time to allow an adequate presentation by the applicant or appellant.

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Packet Pg. 344 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 5 Section 3. PUBLIC DECORUM.

A. Councilmembers will address the public and staff in a courteous manner.

Persons addressing the City Council shall adhere to time limits and not disrupt the conduct of the meeting, and not make threats against any person or the public order.

C. The Mayor, or their designee, may remove or cause the removal of an individual for disrupting the meeting, after providing the necessary warning pursuant to California Government Code Section 54957.95. Prior to any removal, the Mayor or their designee, shall confirm with the City Attorney that removal of an individual is appropriate.

Section 4. CITY COUNCIL DECORUM
A. Respect for each individual Councilmember’s interpersonal style will be a standard of operation. Courtesy and respect for individual points of view will be a standard of operation. All City Councilmembers will respect each other’s right to disagree. All City Councilmembers will expect a high degree of decorum and courtesy during City Council meetings in interactions between and among Councilmembers, from Councilmembers towards the public and staff, and from the public towards Councilmembers and staff.

B. The Mayor will use his or her discretion to encourage Councilmembers and public to abide by these rules. Councilmembers and staff will be polite, even under tense situations, and will refrain from impolite or disrespectful remarks and body language at public meetings either towards a City Councilmember, staff or the public.

C. Councilmembers should not get into a hostile or adversarial debate with a member of the public or staff at a Council meeting, since these types of debates seldom resolve concerns and many times inflame feelings. If a speaker from the public makes inflammatory or erroneous statements, after the conclusion of public input, the Mayor may then provide the Council or staff with the opportunity to correct such statements if any City Councilmember wishes.

D. Councilmembers will strive to keep open minds on all issues prior to a vote. Individual Councilmembers will maintain as near neutral a position as possible

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Packet Pg. 345 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 6 to assure the openness that is required to carry out the Council’s community responsibility.

E. There will be no “grandstanding” on any issue. “Grandstanding” refers to the misuse of the grandstand, or Council dais. It is the use of an individual Council seat on the Council dais in a disrespectful and inappropriate manner to state a point of view in a negative manner. Negative manner includes: personally attacking another Councilmember, staff or member of the public, walking off the Council dais or leaving any meeting in anger or disgust; emphasizing a political point of view solely for the purpose of playing to the audience unrelated to the issue before the Council; using the dais for a strictly personal purpose; addressing the media for political purposes rather than addressing the Council as a body; purposely misstating the facts of an issue for political purposes; or monopolizing discussion time including posing too many questions on an issue that do not facilitate furthering deliberation, general understanding or bring the issue to a conclusive decision.

G. The City Council respects that the decision of the City Council is made by the majority and not by any individual City Councilmember. Members who are in the minority on an issue will respect the authority of the majority. Members who are in the majority will respect the right of the minority to express their disagreement with the majority decision. Once the agenda item has been voted upon, the City Council minority after making his/her position known for the record, must respect the decision of the majority.

Section 5. ORDER OF THE AGENDA
Matters will be heard in the order printed on the City Council agenda. However, with majority Council approval, the City Council may hear agenda items out of their prescribed order on the printed agenda, if a large number of the public are present to speak on that specific agenda item, or if the City Council otherwise determines that it is in the public interest to change the order of the agenda.

Section 6. REGULAR AGENDA ITEMS

1. Special Presentations
Ceremonial items such as commendations, proclamations and special presentations, if any, will be handled prior to consideration of Consent

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Packet Pg. 346 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 7 Calendar items pursuant to the City of Pacifica Administrative Policy No. 1 as stated in the Council Agenda Format – Order of Business. There should be an attempt to limit all commendations, proclamations and special presentations to no more than 20 minutes.

All items on the Consent Calendar will have staff reports sufficient to adequately inform the public of the nature of the items on the Consent Calendar.

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

City Councilmembers should generally adhere to a three-minute time limit for Council Communications unless additional time is granted by a majority of the City Council.

5. Council Considerations

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Packet Pg. 347 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 8 Routine items for Council consideration which are not likely to require extensive discussion shall be agendized before Public Hearings. The remainder of items for Council consideration shall be heard after Public Hearings.

Section 7. DELIBERATION AND VOTING.

1. Order of Deliberation. The Mayor will call upon individual Councilmembers and give them the floor in the order the deliberation lights are turned on.

2. It is not necessary for all Councilmembers to speak or give their viewpoints on every issue or item on the agenda, especially if their concerns have already been addressed by other Councilmembers. On critical or significant issues, all members of Council will undoubtedly want to indicate individual opinions on the issue but City Councilmembers should avoid repetition and should strive to move the deliberation along promptly.

4. At the conclusion of public input and during City Council deliberations, the Mayor may request preliminary straw votes if it will assist the City Council in framing motions.

5. The Council shall discuss issues audibly into the microphone and avoid “off-mike” and individual conversations during public input and debate.

6. The Mayor shall not be deprived of any of the rights and privileges of a Councilmember. The Mayor customarily will take the floor after other Councilmembers who wish to speak have spoken. The Mayor may move, second and discuss from the chair, subject only to these rules.

8. Withdrawal of motion. A motion may not be withdrawn by the maker without the consent of the Councilmember seconding it.

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Packet Pg. 348 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 9 9. Correction of vote. Councilmembers may correct an erroneously cast or recorded vote before the next item on the agenda is called.

10. Voting. On the passage of every motion, the vote shall be taken by voice or electronic voting device and entered in full upon the record.

13. Not participating. A Councilmember who has disqualified himself or herself pursuant to the Political Reform Act of 1974 because of any financial interest shall disclose the nature of the conflict and may not participate in the discussion or the vote, unless required by the Rule of Necessity.

14. Tie votes. Tie votes generally mean that no action has been taken on a matter. In the case of an appeal or a land use decision, a tie vote generally signifies that the underlying action stands. Tie votes may be reconsidered on a motion by any member of the Council before the next item on the agenda. In the event of a tie vote, any member of the Council may make a motion to continue the matter to another date. Nothing herein shall be construed to prevent any Councilmember from agendizing a matter which resulted in a tie vote for a subsequent meeting unless the matter involves an appeal or a land use decision or the City Attorney opines is not legally allowed.

15. Motion to reconsider.

A. A motion to reconsider requires a second, is debatable and is not amendable. Such motion must be made by a Councilmember who was on the prevailing side, but may be seconded by any Councilmember. A motion to reconsider may be made at any time before the posting of the next regular meeting agenda and shall have precedence over all other motions. The purpose of reconsideration is to bring back the matter for review at the next meeting. If a motion to reconsider fails, it may not itself be reconsidered.

Reconsideration may not be moved more than once on the same motion.

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Packet Pg. 349 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 10 In addition, prior to making an initial ruling on any procedural matter, the Mayor may submit the question to the Council in the first instance, in which case a majority vote shall prevail.

19. There shall be no voting by secret ballot.

Section 8. MOTIONS.

2. Motions defined. The following motions may be made by the City Council. a. The main motion. A main motion is a motion on the issue before the Council. It needs a second, is amendable and is debatable. b. Fix the time to which to adjourn the meeting to another date. A motion to fix the time to which to adjourn requires a second, is amendable and is debatable only at the time to which the meeting is adjourned. The purpose is to set a time for continuation of the meeting to another date.
c. Motion to raise a question of personal privilege. The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character or motives are directly questioned by another Councilmember during debate. The maker of the motion may interrupt another speaker if the Mayor recognizes the “privilege”. The motion does not require a second, is not amendable and is not debatable. d. Motion to lay on the table. The purpose is to interrupt discussion of the item at hand for more urgent business or to end consideration of an item without action.

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Packet Pg. 350 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 11 to the end of the meeting. Any councilmember can agendize the subject of a tabled matter for a later city council meeting.
e. Motion to call the question. The purpose of this motion is to close debate on the pending motion. A motion to call the question requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If the motion fails, debate is reopened; if the motion passes, then the City Council votes on the pending motion. A motion to call the question requires a majority vote of those Councilmembers present and voting. f. Motion to continue to a certain time. A motion to continue to a certain time is amendable and is debatable as to propriety of postponement and time set.

Purpose is to continue the matter to another specified time. g. Motion to refer to a City Commission, Committee, officer or City Council ad-hoc subcommittee. A motion to refer requires a second, is amendable, and is debatable only as to the propriety of referring. Purpose of the motion is to send subject to another city agency, body, committee, board, commission or officer for further study and report back to council, at which time subject is fully debated. h. Motion to amend or substitute. A motion to amend a motion or to substitute one motion for another requires a second, is amendable, and is debatable only if the motion to which it applies is debatable. A motion to amend an amendment is also in order. An amendment can modify a motion but should not raise an entirely different or independent question. An amendment must be relevant to the main motion.

Amendments take precedence over the main motion. Amendments to amendments are voted first, then the amendment. If approved, the main motion is amended.

Section 9. CLOSED SESSIONS.

Therefore, these rules provide for strict confidentiality of City Council discussion in certain circumstances allowed by law.

The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed

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Packet Pg. 351 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 12 session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality of closed sessions.

3. Breach of Rule of Confidentiality.

4. In accordance with the Brown Act, the City Council agenda will contain a brief general description of the items to be discussed at the closed session. City Councilmembers will keep all written materials and verbal information provided to them in closed session in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials will be made to anyone other than Councilmembers, the City Attorney or City Manager, except where authorized by a majority of the City Council or otherwise required by law.

5. Permissible Topics. All closed sessions will be held in strict compliance with the Brown Act.

6. Scheduling Closed Sessions. Subject to the advice of the City Attorney, a closed session may be called by the Mayor, by the City Attorney or by the City Manager.

8. Rules of Decorum.

9. Penalties.

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Packet Pg. 352 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 13 Section 10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF.

1. City staff acknowledge that the Councilmembers are the City’s policy makers and the City Council acknowledges that staff administers the Council’s policies.

2. The Council will direct staff only through the City Manager. If a written report or research from staff is requested, Council should go through the City Manager.

3. The City Manager shall inform all Councilmembers when written informational material has been requested by a Councilmember. Copies are not necessary unless requested by a Councilmember. City Councilmembers should contact the City Manager as early as possible if they desire to have any additional written material prior to a City Council meeting. If Councilmembers have questions, need clarification, or need additional material, Councilmembers will advise the City Manager as early as possible before a City Council meeting so that staff can meet their needs.

4. Council will not attempt to coerce or direct staff in the performance of their duties.

6. Once a decision is made by Council, it will be fully supported, accepted and implemented by staff.

Section 11. ADMINISTRATIVE MATTERS.

1. Study sessions and closed sessions will be scheduled before City Council meetings as needed. Whenever feasible, the City Council will receive seven (7) days ’ notice of the scheduling of a study session or closed session.

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Packet Pg. 353 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 14 2. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duties. Councilmembers shall attend all such meetings unless unable to do so.

4. If a member of the City Council represents the City before another governmental agency, or organization, the Councilmember will first indicate the majority position of the Council. The Councilmember must fairly and objectively represent the majority views of the City Council even if his/her personal opinion differs. When appearing in a personal capacity, a Councilmember may express his/her personal opinions and comments only if the Councilmember clarifies that these statements do not represent the position of the City Council. Councilmembers shall notify the Mayor of planned attendance at meetings where possible City issues could be discussed even if attending as a private citizen in order to avoid the inadvertent attendance of a majority of the Council in violation of the Brown Act.

5. Any written correspondence or other materials received by the City Manager for the City Council will be stamped with the date of receipt and distributed to the City Council. If Councilmembers get a letter addressed to them individually and they feel the letter is of general interest to the Council, a Councilmember should ask the City Manager to distribute it to other Councilmembers. Councilmembers may ask the Mayor or City Manager to respond to such a letter. If Councilmembers receive an email addressed to them individually and they feel the email is of general interest to the Council, the Councilmember may forward the email to “[email protected]” to be considered with the written record of public comments for a City Council meeting or forward to the City Manager and ask the City Manager to respond to the email.

6. The Mayor will be the ceremonial spokesperson on behalf of the Council in all matters except if directed to a specific individual.

7. The Mayor will represent the Council’s position/policy even if his or her personal opinion is different or if the issue did not have a unanimous vote.

8. The Council will rely on the Mayor to act in a manner that is courteous and welcoming to the public at all times, even under pressure or during controversial issues.

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Packet Pg. 354 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council 15 9. If the Mayor is not available to represent the Council at a community event or meeting, the Mayor Pro Tem or another Councilmember will be available as back-up or to help lighten the Mayor’s schedule.

10. Any Councilmember who is unable to attend a committee meeting for which they are the designated Council liaison must notify the alternate to that committee prior to the meeting.

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Packet Pg. 355 Attachment: Attachment B: City Council Rules and Code of Ethics - Clean Version Incorporating Recommended Updates (5117 : City Council

Pacifica City CouncilSeptember 12, 2022

Pacifica City Council
September 12, 2022