Agenda — Pacifica City Council, April 24, 2023 (part 1 of 5)

CITY OF PACIFICA

CITY COUNCIL AGENDA
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Tygarjas Bigstyck
Mayor pro Tem Sue Vaterlaus
Councilmember Sue Beckmeyer
Councilmember Mary Bier
Councilmember Christine Boles
City Council Regular Meeting 1 April 24, 2023
SPECIAL and REGULAR MEETING
April 24, 2023 (MONDAY)
www.cityofpacifica.org
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City Council Regular Meeting 2 April 24, 2023
5:30 PM - STUDY SESSION
City of Pacifica Climate Action Plan Update
PROPOSED ACTION: Receive Staff presentation and provide direction on the scope and process for an update to Pacifica’s Climate Action Plan. 7:00 PM OPEN SESSION
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.

Salute to the Flag led by Councilmember Boles

SPECIAL PRESENTATIONS
A. Pacifica Beautification Awards 2022 by the Beautification Advisory Committee B. Preservation Award 2023 to Jim Sullivan by the Open Space & Parkland Advisory Committee
C. Proclamation - Wildfire Preparedness Month - May 2023

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

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

1. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council and Planning Commission Joint Study Session held on March 21, 2023, and the City Council Special and Regular Meeting held on April 10, 2023.

2. Approval of Amendment No. 2 to the Construction Management and Inspection Agreement between the City of Pacifica and GHD, Inc. and Notice of Completion for the Milagra Creek Outfall Repair Project.

City Council Regular Meeting 3 April 24, 2023
PROPOSED ACTION: Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Approving Amendment No. 2 to the Construction Management and Inspection Agreement between the City of Pacifica and GHD, Inc. in the amount of $44,000.00; Accepting completion and directing the City Manager to file the Notice of Completion for the Milagra Creek Outfall Repair Project; and Authorize the City Manager to execute all documents and release the retention funds to the contractor.”

3. Resolution Authorizing Master Consultant Services Agreement and Task Order No. 2 with CSG Consultants for Construction Management Services for the Civic Center Campus Facilities Improvement Project
PROPOSED ACTION: Move to Approve a Resolution Authorizing a Master Services Agreement and Task Order No. 2 for the Civic Center Campus Facilities Improvement Project in an amount not to exceed $196,350; and Authorize the City Manager to Execute all Documents Related to the Project

4. Sharp Park Priority Development Area Pedestrian Improvement Project Design & Engineering
PROPOSED ACTION: Adopt a Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving the Master Services Agreement and Task Order No. 1 with NCE in an amount not to exceed $155,800.00; Authorize a budget authority in the amount of $179,170.00, which includes contingencies in an amount not to exceed fifteen percent (15%) of the Agreement amount; Authorize staff to Execute Future Task Orders not to exceed the contingency amount; and Authorize the City Manager to execute all documents related to the Sharp Park Priority Development Area Pedestrian Improvement Project.”

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
This portion of the Agenda is available for the public to address the City Council on any issue that is not on the Agenda. Any person wishing to address the Council shall be recognized by the Mayor during this time, provided, however, that 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 Public Comments on Items Not on the Posted Agenda. A maximum time of three minutes will be allowed for any speaker. 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. 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 with confirmation from the City Attorney that removal is appropriate.

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

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

City Council Regular Meeting 4 April 24, 2023

PUBLIC HEARINGS

5. Introduction of an Ordinance to approve Rezoning RZ-205-20 to rezone from the R-1 (Single-Family Residential) zoning district to the P-D (Planned-Development) zoning district, and to approve Development Plan DP-81-20 pursuant to the P-D zoning requirements; and introduction of an Ordinance to approve Development Agreement DA-3-20 that would, among other things, include ongoing use of the existing ballfields as a public recreational facility subject to certain limitations, which approvals would authorize the construction of seven multi-family residential buildings with a total of 70 residential housing units (including 11 housing units affordable at below-market rate, or BMR, rents), residential amenity buildings, off-street parking and circulation improvements, open space and landscaping, and recreational fields and amenities, at the former Oddstad Elementary School located at 930 Oddstad Boulevard (APN 023- 672-600) (File No. 2020-009). The Planning Commission recommended approval of the Rezoning, Development Plan, and Development Agreement, and approved Specific Plan SP-173-20, Subdivision SUB-248-20, and Heritage Tree Removal Authorization, by a vote of 6-0 on March 20, 2023, subject to City Council approval of the Rezoning, Development Plan and Development Agreement. Recommended California Environmental Quality Act (CEQA) action: Adoption of a Resolution to certify a final environmental impact report (EIR), including Findings of Fact and a Statement of Overriding Considerations, due to significant and unavoidable environmental impacts that would result from approval and construction of the project.

PROPOSED ACTION:
(1) Move to adopt a Resolution to certify the Final Environmental Impact Report, adopt the Mitigation Monitoring and Reporting Program, make the required findings and approve the Statement of Overriding Considerations; and, (2) Introduce, waive the first reading, and read by title only, an Ordinance entitled “An Ordinance of the City Council of the City of Pacifica approving Rezoning RZ-205-20 and Development Plan DP-81-20 to establish a Planned Development (P-D) zoning district with development plan for the Pacifica School District workforce housing project to construct 70 residential units at 930 Oddstad Boulevard (APN 023-672- 600) (File No. 2020-009)”; and
(3) Introduce, waive the first reading, and read by title only, an Ordinance entitled “An Ordinance of the City Council of the City of Pacifica approving Development Agreement DA-3-20 to establish a development agreement between the Pacifica School District and City of Pacifica to provide certain public and private benefits in conjunction with a development project at 930 Oddstad Boulevard (APN 023-672- 600) (File No. 2020-009).”

CONSIDERATION

6. Consideration of Resolution Creating the Measure Y Citizens’ Oversight Committee PROPOSED ACTION: Consider and Adopt the attached Resolution of the City Council Creating the Measure Y Citizens’ Oversight Committee.

ADJOURN
NOTICE: If you challenge a city's zoning, planning or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this City Council Regular Meeting 5 April 24, 2023
notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any city administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for litigation, in certain cases 30 days following the date of the final decision The City of Pacifica will provide assistance for disabled citizens upon at least 24 hours advance notice to the City Manager’s Office (650) 738-7301, or send request via email to:
[email protected] if you need sign language assistance or written material printed in a larger font or taped, advance notice is necessary. All meeting rooms are accessible to the disabled.

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

HOW TO OBTAIN CITY COUNCIL AGENDAS
Posted agendas:

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

View on the Internet:

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

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

Agendas are available at the City Council meeting

HOW TO REACH YOUR GOVERNMENT OFFICIALS
• Governor Gavin Newsom, State Capitol Building, Sacramento CA 95814 (916) 445-2841 • State Senator Josh Becker, 1528 So. El Camino Real, Suite 303, San Mateo CA 94402 (650) 212-3313 • Assembly Member Marc Berman, 721 Colorado Ave, Suite 101, Palo Alto CA 94303 (650) 324-0224 • Congresswoman Anna Eshoo, 698 Emerson Street, Palo Alto CA 94301 (650) 323-2984 • Senator Alex Padilla, B03 Russell Senate Office Building, Washington DC 20510 (202) 224-3553 • Senator Dianne Feinstein, #1 Post Street, Suite 2450, San Francisco CA 94104 (415) 393-0707 • President Joseph R. Biden, 1600 Pennsylvania Ave. NW, Washington DC 20500

CITY COUNCIL
• Mayor Tygarjas Bigstyck, tbigstyck@ pacifica.gov
• Mayor pro Tem Sue Vaterlaus, [email protected]
• Councilmember Sue Beckmeyer, [email protected]
• Councilmember Mary Bier, [email protected]
• Councilmember Christine Boles, [email protected]

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/24/2023
1 SUBJECT:

City of Pacifica Climate Action Plan Update
RECOMMENDED ACTION:

Receive Staff presentation and provide direction on the scope and process for an update to Pacifica’s Climate Action Plan.

STAFF CONTACT:

Elizabeth Brooks, Management Analyst II
(650) 501-6025
[email protected]
Alyssa Barranti, Management Analyst II
(650) 501-6027
[email protected]
BACKGROUND/DISCUSSION:

1. BACKGROUND
A local government or city Climate Action Plan can serve as a roadmap that identifies measurable targets and specific actions the agency may take to reduce greenhouse gas (GHG) emissions in its community. Given that the impacts of climate change are now well beyond what a plan focused on emissions reduction alone can solve, there is a trend for jurisdictions to consider including measures for how it will adapt going into the future. To highlight this important distinction, new plans, or updates to former plans, are now often being termed a Climate Action and Adaptation Plan (CAAP or “Plan”). Regardless of how it is titled, an effective Plan will establish targets and actions in the sectors that fall within a local government’s given authority, including transportation, energy, building optimization, and management of water and waste, and include a baseline inventory of GHG emissions, forecasts for planned emissions reductions and carbon offsets, goals and targets, strategies for implementation, and a method for tracking progress.

Jurisdictions are not required by law to adopt a CAAP. However, the California Air Resources Board (CARB) emphasizes local jurisdictions have an important role to play in helping the State achieve its climate goals, which include, among others, to cut air pollution by 71%, reduce fossil fuel consumption by 86%, and reach carbon neutrality by 2045. CARB identifies three priority areas 1that address California’s largest sources of emissions, and which fall within the authority of local jurisdictions to address. Those priorities are as follows:

1. Transportation electrification

2. Vehicle Miles Traveled (VMT) reduction

3. Building electrification
____________________________________
1 2022 CARB Scoping Plan - Appendix D: Local Actions (https://ww2.arb.ca.gov/our-work/programs/ab-32-climatechange-scoping-plan/2022-scoping-plan-documents) Packet Pg. 6
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In the past, local climate action has primarily focused on meeting CA Assembly Bill 32’s 2020 GHG emission reduction target 2. However, as the State of California did with its “carbon neutral by 2045” target, local jurisdictions are now setting longer-term targets, aiming well beyond the previous 2020 targets and forming more ambitious strategies for climate action and adaptation. As a starting point, CARB recommends to the extent possible local governments address the three priority areas by implementing the actions enumerated in Table 1 3, as they are consistent with modern, science-based targets, and would ensure alignment with the State’s goals. The City of Pacifica has already implemented, or is in the process of implementing, many of these, although more work is required. Alignment with the State’s goals would allow Pacifica to continue this work and be better positioned for funding or technical assistance resources the State may make available to jurisdictions with shared priorities.

Table 1: Priority GHG Reduction Strategies
Transportation Electrification
· Convert local government fleets to zero emission vehicles (ZEVs) and provide Electric Vehicle (EV) charging at public sites
· Create a jurisdiction-specific ZEV ecosystem to support deployment of ZEVs statewide (such as building standards that exceed state building code EV charging requirements, permit streamlining, infrastructure siting, consumer education, preferential parking policies, and ZEV readiness plans) VMT Reduction
· Reduce or eliminate minimum parking standards
· Implement Complete Streets policies and investments, consistent with general plan circulation element requirements
· Increase access to public transit by increasing density of development near transit, improving transit service by increasing service frequency, creating bus priority lanes, reducing or eliminating fares, microtransit, etc.
· Increase public access to clean mobility options by planning for and investing in electric shuttles, bike share, car share, and walking
· Implement parking pricing or transportation demand management pricing strategies · Amend zoning or development codes to enable mixed-use, walkable, transit-oriented, and compact infill development (such as increasing the allowable density of a neighborhood) · Preserve natural and working lands by implementing land use policies that guide development toward infill areas and do not convert “greenfield” land to urban uses (e.g., green belts, strategic conservation easements)
Building Electrification
· Adopt all-electric new construction reach codes for residential and commercial uses · Adopt policies and incentive programs to implement energy efficiency retrofits for existing buildings, such as weatherization, lighting upgrades, and replacing energy-intensive appliances and equipment with more efficient systems (such as Energy Star-rated equipment and equipment controllers) · Adopt policies and incentive programs to electrify all appliances and equipment in existing buildings such as appliance rebates, existing building reach codes, or time of sale electrification ordinances · Facilitate deployment of renewable energy production and distribution and energy storage on privately owned land uses (e.g., permit streamlining, information sharing) · Deploy renewable energy production and energy storage directly in new public projects and on existing public facilities (e.g., solar photovoltaic systems on rooftops of municipal buildings and on canopies in public parking lots, battery storage systems in municipal buildings) ____________________________________
2 CA Assembly Bill 32 (https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200520060AB32) 3 2022 CARB Scoping Plan (ibid)
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2. CLIMATE ACTION BY THE CITY OF PACIFICA TO DATE
In July 2014 the Pacifica City Council adopted its first Climate Action Plan, which was developed in collaboration with a council-appointed Climate Action Plan Task Force and environmental consultant DNV GL. This document was intended to provide policy direction and identify actions the City and community can take to significantly reduce GHG emissions.

The current Climate Action plan includes 15 GHG reduction measures that address four emission sources - energy, transportation, solid waste, and water.

Since the 2014 CAP adoption, the City has undertaken several tangible actions to reduce GHG emissions including, among others:
· Adopting Reach Codes to promote electrification instead of gas · Implementing California’s new Organics Recycling law to promote composting · Adoption of the Disposable Foodware Ordinance, reducing plastic and waste · Completing a heritage tree ordinance update to protect and preserve more trees · Developing an EV Charging Station strategy to support grant applications for EV infrastructure
· Completing a 2040 General Plan Update that prioritizes in-fill, mixed-use development and discourages auto-dependent development on the periphery of Pacifica
· Replacing old City fleet vehicles with hybrid or more fuel-efficient vehicles · Creating more bike lanes and sidewalk improvements pursuant to an updated Bike/Ped Master Plan to help promote walking and biking · Planning for solar power at the Community Center, renovated Civic Center, and Calera Creek Water Recycling Plant
· Partnering with Peninsula Clean Energy and opting in all accounts (public and private) for their renewable energy portfolio
· Implementing hybrid work schedules for employees, helping to reduce commute emissions
· Incorporating energy efficiency measures into the new Civic Center project, e.g., electric water heaters instead of gas, not to mention that renovating the structures is more sustainable than demolishing and building new structures.

While the City has not had the ability to quantify the effects from these activities, they are important contributions to the overall effort by the City to support CAP implementation and GHG reductions.

3. CLIMATE ACTION AND ADAPTATION PLAN DEVELOPMENT PROCESS The outline above demonstrates a commitment by the City to GHG reductions. An update to the 2014 CAP would provide an opportunity to recognize those successes and for the Council to determine how to direct the City’s climate initiatives going forward. a. CAAP Development Process Elements
The CAAP development process includes multiple steps. These include, but are not limited to:
· Identifying a Plan development team, its role in the process and its structure; · Defining the scope of the Plan, including whether the update should align with CARB’s scoping plan to reach net zero GHG emissions by 2045 in order to maximize the potential for state funding assistance, or a different emissions reduction target;
· Gathering and analyzing the City’s GHG inventory and developing an emissions forecast;
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· Establishing measurable targets and actionable goals; · Formulating the strategies, initiatives, and implementation plan for goals; · Drafting of the Plan for Council adoption, with reporting and updating requirements built in;
· Implementation and regular reporting on the Plan’s progress; · Ongoing community engagement efforts.

The City Manager is seeking initial input from the City Council about the above development process elements and, as discussed below in Section 3b, the approach to community engagement that will be pursued to achieve an updated Plan. b. Community Engagement
An effective CAAP development process should entail engagement with a diverse mix of community stakeholders who represent, at minimum: residents, residential and commercial property owners, local school district partners, faith community, nonprofit organizations, regional planning and transportation agencies, and local government key staff (e.g., planners, public works staff, finance staff, etc.). As a starting point for community outreach in this process, staff can utilize contact lists from the 2014 Climate Action Plan process, as well as the General Plan, Housing Element Update, and Sharp Park Specific Plan processes from recent years. The City has successfully employed a variety of means to engage the community during past outreach efforts, some of which include in-person and online workshops, pop-ups at community events, presentations to community groups, messaging via the City's weekly e-newsletter and social media platforms, online and intercept surveys, mailers, and TV promotions. This CAAP development process will aim to optimize use of those methods appropriate to promote engagement opportunities and/or conduct those engagements.

In addition to the methods listed above, some jurisdictions have chosen to expand the level of engagement with community members by forming a group of stakeholders who participate throughout the CAAP development process 4. A stakeholder group related to the CAAP development process could take different forms, such as a steering committee that would oversee the process, providing direction at key points during development, or a task force that would be tasked with performing the direct work in-lieu of a consultant and in concert with staff. Both approaches would require Council direction as to how the group would be structured, what their precise role should be, and appointment of members. Because either approach would be directed by the Council, the advisory body that is formed, whether a steering committee or a task force, would be a Brown Act compliant body subject to public meetings and other Brown Act requirements. The group will need a clear understanding of their scope and timeline, expected deliverables, legal obligations, and level of staff support that can be expected. Table 2 below provides more information about process, cost, and timeline for these two different community engagement options.
____________________________________
4 The topic of whether or not the City should form an on-going Sustainability Committee is likely to be a future Council discussion. If formed, such a Committee could be assigned as one of its tasks to annually report to Council on CAAP progress. Formation and support of any new on-going Committee or Commission is a significant City Council decision requiring deliberation by the Council about their need for such a committee on balance with the significant staff time required to support the committee.

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Table 2: Options for CAAP Development Process
Option 1: Professional Consultant & City Staff
Budget: $100,000 to $200,000. Budget estimate comprises consultant costs (which include any community engagement activities) and does not reflect budget allocation for City staffing.

Tasks Estimated Timeline 12-
18 months
Completed By
Optional: Recruitment & Appointment
of Steering Committee
2-3 months Staff & Council
GHG Inventory & Forecast 2-3 months Consultant with use of free regional resources
Set Goals & Targets 3-4 months Consultant
Develop Initiatives &
Implementation Plan
3-5 months Consultant
Draft CAAP 2-3 months Consultant with use of free
regional resources
Community Engagement Ongoing Consultant & Staff
Implementation & Monitoring Ongoing TBD
Option 2: Taskforce & City Staff
Budget: $50,000 to $80,000. Budget estimate includes the anticipated community engagement costs and does not reflect budget allocation for City staffing.

Tasks Estimated Timeline 18-
24 months
Completed By
Taskforce Recruitment &
Appointment
2-3 months Staff & Council
GHG Inventory & Forecast 3-4 months Staff with use of free regional resources
Set Goals & Targets 4-5 months Staff & Taskforce
Develop Initiatives &
Implementation Plan
6-8 months Staff & Taskforce
Draft CAAP 3-4 months Staff & Taskforce with use of
free regional resources
Community Engagement Ongoing Staff & Taskforce
Implementation & Monitoring Ongoing TBD
Given the City Council’s recent strategic planning discussions and the creation of a City goal specifically focused on “Broaden Public Communications and Collaboration,” the City Manager recommends the formation of a City Task Force appointed by the Council to carry much of the workload in the CAAP update process in-lieu of consultants and in concert with City staff.

This process, if selected by the Council, will still entail a large amount of staff resources to support the Task Force. In order to accomplish this work on balance with the other City priorities underway, the City Manager is also recommending participation in a fellowship program through the organization CivicWell (<https://civicwell.org>, formerly called the Local Government Commission) to bring in a limited-term fellow at a reasonable cost who can focus on this project. Attachment B provides an overview of CivicWell and a draft proposal for the City’s application to participate. c. Considerations
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There are various benefits and trade-offs to consider for each option presented above, as pertains to timeline, budget, opportunities for community involvement, and staffing resources.

Option 1: Professional Consultant & City Staff
Allows for a quicker timeline with less staffing resources, while the tradeoff may be less opportunity for close community involvement and a larger funding allocation than Option 2 requires.

Option 2: Taskforce & City Staff
Requires additional staff resources and more time, however, less funding would be required on the part of the City and there is more of an opportunity for community involvement with the addition of a taskforce to help perform the CAAP update work.
d. Available Resources for Developing a CAAP
There are numerous resources the City can make use of that are available at no cost to the City by the Regional Climate Action Planning Suite (RICAPS) program, a San Mateo County collaboration of the 20 incorporated cities and the County in climate action planning and implementation. Available RICAPS tools include a Climate Action Plan template, a menu of measures, a forecasting tool, and access to technical assistance provided by Rincon Consultants, all of which would cost a jurisdiction thousands of dollars and staff hours to produce but are made available for free.

In addition, many financial and/or resource partners are available to assist with the development and implementation of climate action planning, a few examples of which are listed below. Staff will pursue opportunities as appropriate. · Regional Resilience Planning and Implementation Grant Program CA Office of Planning and Research - NOFA in spring 2023 · Climate Pollution Reduction Grants
US Environmental Protection Agency - NOI April 28, 2023 · Adaptation Planning Grant Program
CA Office of Planning and Research - NOFA in 2023, date TBD · Resources made available by the Infrastructure Investment and Jobs Act Opportunities may depend on identified goals of CAAP
· Various financial and collaboration opportunities may be available with governmental/non-governmental partners including:
o BAAQMD - Bay Area Air Quality Management District
o MTC - Metropolitan Transportation Commission
o BayREN - Bay Area Regional Energy Network
o C/CAG - City/County Association of Governments
o San Mateo County Energy Watch
o Sustainable San Mateo County
o ABAG - Association of Bay Area Government
o PCE - Peninsula Clean Energy
o Universities
o Private sector
o Others

4. QUESTIONS FOR COUNCIL
During this study session, the City Manager is seeking Council input on the following questions:

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1. Does the Council agree with the development process elements summarized in section 3a above or are there additional elements that should be added?

2. Does the Council prefer appointment of a working Task Force, appointment of a steering committee to oversee the process, or utilization of a consultant instead of a working Task Force?
ALTERNATIVE ACTION:

The City Council could defer an update to a later time and revisit these considerations based on other Council priority items.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

This item relates to Council’s goals for “An Engaged Community” and “Environmental Sustainability”.

FISCAL IMPACT:

Depending on Council direction, the CAAP development process is estimated to require roughly $50,000 - $200,000 of funding to complete. Staff will leverage available regional resources and pursue available grant opportunities to reduce the overall direct financial cost to the City. In addition, it is anticipated that bringing a CivicWell Fellow on board to work on this project would cost approximately $31,000.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Attachment A: CivicSpark Program Information & Pacifica's Draft Application (PDF) Packet Pg. 12
https://civicspark.civicwell.org/about/our-mission/
Our Vision
We envision resilient, equitable, and vibrant communities where our local governments and leaders are empowered and equipped to proactively serve the needs of all community members.

Our Mission
Through National Service, CivicSpark contributes to this vision by:
• Building local public sector capacity to address entrenched and emerging issues;
• Serving as a social purpose career accelerator for future leaders; and • Fostering lasting, authentic community engagement.

What is CivicSpark?
CivicSpark is an AmeriCorps program dedicated to building capacity for local public agencies to address community resilience issues such as climate change, water resource management, housing, and mobility. CivicSpark is a program of CivicWell (formerly the Local Government Commission).

Each year, CivicSpark recruits
Fellows to build local public
agency capacity for 11 months.

During their service year,
CivicSpark Fellows implement a
needed sustainability and
resilience project, while also
building long-term capacity to
ensure the work is sustained
after their service year is
completed.

Local public agencies receive dedicated project support from emerging professionals who receive professional development and sector training. Local benefits include:
a
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Attachment: Attachment A: CivicSpark Program Information & Pacifica's Draft Application (5335 : Climate Action Plan Update) https://civicspark.civicwell.org/about/our-mission/
• Direct support for specific resiliency project needs with defined outcomes. • Increased capacity for sustainable communities and response community resilience needs.
• A pipeline for future resiliency efforts.
• Stronger State-local partnerships for information and expertise exchange. • A workforce with local expertise in climate change, energy, water, or social issues.
• Access to affordable resources, resulting in increased capacity and hands-on training.
• Increased volunteerism at the local level.

How does it work?
The CivicSpark program offers a unique opportunity for emerging professionals to gain experience in the sustainability and resilience sectors, gain professional and technical skills, and have a strong statewide network of professionals, all while having a lasting impact on communities. Fellows assist with various levels of project planning and implementation of critical projects on a wide range of topics, including water resources and management, climate adaptation and mitigation, affordable housing, and mobility.

Fellows serve at least 1,700 hours over 11 months with their host agency.

CivicSpark Fellows provide capacity-building support to local governments while simultaneously supporting volunteer engagement. This approach offers a unique opportunity to accelerate local community resilience efforts.

CivicSpark project partners provide
project oversight and professional
development support, which
includes identifying a site
supervisor who will help the
Fellow(s) set project-specific and
professional goals. CivicSpark
Regional Coordinators conduct
monthly Fellow trainings and act as
the liaison between the partner and
the program.
a
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Attachment: Attachment A: CivicSpark Program Information & Pacifica's Draft Application (5335 : Climate Action Plan Update) CivicSpark Application
Q1: Project Needs and Goals
Provide a brief description of the resilience needs this project will address. Your description should include 1-2 sentences on each of the following:
• Specific agency/ies served, including specific organizational capacity needs, as they relate to this proposal
• Environmental (e.g., climate, water, etc.) and/or social equity (e.g., affordable housing, mobility, etc.) challenges this project will address
A: The fellow will work in coordination with City Council, City staff, and the Pacifica community in addressing a top City Council priority for this coming year – updating Pacifica’s Climate Action and Adaptation Plan (CAAP). By augmenting City staff in the coordination, development, community engagement, and drafting necessary to prepare the updated CAAP, the fellow will assist the City of Pacifica in taking this crucial next step towards identifying the ways it will reduce its carbon footprint and improve its response to the ongoing effects of a changing climate.

Q2: CivicSpark Project Description(s)
Provide a brief description of one or more capacity-building projects. For each project identified, describe the following:
• Overarching goals of the project
• Role of the Fellow in the project
• Desired project outcomes in terms of resources developed (e.g., reports, plans, networks, etc.) • How these resources will help increase the agency’s capacity to address the resilience challenges you described in the previous section. *
A: The City seeks a fellow who will support the completion of a top City Council priority for this coming year – updating Pacifica’s Climate Action and Adaptation Plan (CAAP). The fellow will assist with the technical analysis and community engagement necessary to complete the City's proposed CAAP development milestones: a GHG Inventory and Forecast, establishing Goals and Targets, developing the Initiatives, an Implementation Plan, and finally completing a draft CAAP for Council consideration and adoption. The CAAP will be the playbook for the City of Pacifica in how to not only identify the ways, but also the steps necessary to reduce its carbon footprint and improve its response to the ongoing effects of a changing climate.

Q3: Desired Skills and Traits for Fellow Placement
Provide a brief description of the traits or skills you would like to see in a Fellow. a
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Attachment: Attachment A: CivicSpark Program Information & Pacifica's Draft Application (5335 : Climate Action Plan Update) A:
• A deep knowledge base in climate change
• High level of professionalism
• Self-motivated and proactive
• Ability to work independently
• Strong writing and communication skills
• Strong analytical and problem-solving skills
• Ability to collaborate effectively with City staff and community members • Willingness to embrace community-led decision making and observe without interfering Q4: (Optional response):

Fellow participation in CivicSpark is constrained by the limited stipend we can offer as an AmeriCorps program. The first-year stipend for 2023-24 is $34,000 and $39,000 for second-year Fellows serving at the same site. CivicWell strives to diversify the resources we can offer to Fellows (e.g., housing opportunities, parking passes, transit subsidies, etc.). Any non-monetary resources you can provide to Fellows could make a significant difference; we encourage you to identify them here (CivicWell will follow-up on these during the application interview and startup process). Note: host sites CANNOT provide additional financial stipends or hourly pay to the Fellow(s).

A: City Staff are currently developing the City’s Fiscal Year 2023-2034 budget and will be able to provide more information once the budget has been adopted by the City Council.

Q5: Provide a brief description of: your workplace culture and environment, including a demonstrated commitment to justice, equity, diversity, and inclusion, how serving with your organization will be a good professional development experience, and why your community is an interesting place to live and work.

A: The City of Pacifica is a beautiful community located on the California coast, just south of San Francisco and framed in by mountain ranges to the east and south and by the stunning views of the Pacific Ocean on the west. Famous for surfing and excellent hiking, Pacifica is a sought-out destination for lovers of the outdoors, and those who want access to the San Francisco Bay Area’s limitless offering of events and activities, without the hustle and bustle of a big city.

The City of Pacifica as an agency is a mirror of its community: conscientious, engaged, tight knit, and relatively small. Made of up 280 full and part time staff, staff represent every slice of humanity and the globe. The Executive Team members model servant leadership and a passion for community service and those who join the staff tend to share those values, finding fulfillment in the exciting challenge of meeting community needs. The City also actively supports a healthy work-life balance and places priority on the wellbeing of its staff, offering hybrid work, when possible, an employee assistance program, and encouraging staff to make use of their leave time. a
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Attachment: Attachment A: CivicSpark Program Information & Pacifica's Draft Application (5335 : Climate Action Plan Update) As a smaller organization, City staff have the opportunity to work in close collaboration with other departments and have exposure to a broad spectrum of local government work, expanding knowledge and appreciation for how all the parts of the organization work with and for each other. The City is part of San Mateo County, which is neighbor to both San Francisco and the Silicon Valley, and staff have the opportunity to be part of numerous regional groups collaborating across the full spectrum of government services, providing abundant networking, collaboration, and professional development opportunities.

For its people and its beauty, Pacifica is wonderful place to work. a
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Attachment: Attachment A: CivicSpark Program Information & Pacifica's Draft Application (5335 : Climate Action Plan Update)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/24/2023
1 SUBJECT:

Approval of Minutes
RECOMMENDED ACTION:

Move to approve the minutes of the City Council and Planning Commission Joint Study Session held on March 21, 2023, and the City Council Special and Regular Meeting held on April 10, 2023.

STAFF CONTACT:

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

Move to approve the minutes of the City Council and Planning Commission Joint Study Session held on March 21, 2023 (Attachment A) and the City Council Special and Regular Meeting held on April 10, 2023 (Attachment B).

FISCAL IMPACT:

None.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Minutes of 03-21-2023 Joint Study Session (PDF) Attachment B: Minutes of 04-10-2023 Special and Regular Meeting (PDF) 1 Packet Pg. 18

CITY OF PACIFICA

CITY COUNCIL MINUTES
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Tygarjas Bigstyck
Mayor pro Tem Sue Vaterlaus
Councilmember Sue Beckmeyer
Councilmember Mary Bier
Councilmember Christine Boles
City Council Joint Study Session 1 March 21, 2023

JOINT STUDY SESSION
March 21, 2023 (TUESDAY)
www.cityofpacifica.org
Mayor Tygarjas Bigstyck called the meeting to order on March 21, 2023 at 6:04 PM 6:00 PM OPEN JOINT STUDY SESSION
Call to Order
Mayor Bigstyck called the joint meeting to order at 6:04 p.m.

Attendee Name Title Status Arrived
Tygarjas Bigstyck Mayor Present
Sue Vaterlaus Mayor pro Tem Present
Sue Beckmeyer Councilmember Present
Mary Bier Councilmember Present
Christine Boles Councilmember Present
City Clerk Coffey took a verbal roll call of Planning Commissioners and City Council.

Staff Present: Kevin Woodhouse, City Manager; Karen Murphy, Asst. City Attorney; Christian Murdock, Planning Director; Stefanie Cervantes, Senior Planner; Sarah Coffey, City Clerk, Elizabeth Brooks, Mgmt. Analyst.

Reading of Land Acknowledgment
Mayor Bigstyck read the Land Acknowledgment.

Salute to the Flag led by Mayor Bigstyck

CONSIDERATION

1. Joint study session of City Council and Planning Commission to consider and provide direction on the Draft 2023-2031 Housing Element of the General Plan.

PROPOSED ACTION: Receive a presentation and provide direction regarding the Draft 2023-2031 Housing Element of the General Plan.

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Attachment: Attachment A: Minutes of 03-21-2023 Joint Study Session (5334 : Approval of Minutes) City Council Joint Study Session 2 March 21, 2023
Planning Director Murdock introduced the staff team and consultants then presented the staff report. Mayor Bigstyck and Planning Director Murdock explained in this session the City Council / Planning Commission would have the opportunity to ask clarifying questions, followed by public input; and after the session, Planning would take feedback and public comments, analyze and make edits and responses, send the Housing Element to the State’s Housing and Community Development Department for a 90-day review, and issue a clarifying comment letter regarding meeting state law, followed by adoption or going for another round or another community engagement opportunity.

Planning Director Murdock and City Manager Woodhouse advised on and clarified questions from Councilmembers and Planning Commissioners regarding control of a mix of uses, meeting deadlines, compressing timelines, and verifying funding/staffing funds. Planning Director Murdock also advised on builders remedies, conversion programs, policy implementations, and other jurisdictions’ experiences, assisted by Consultant Nick Hamilton.

Mayor Bigstyck opened public comments.

Remi Tan, Pacifica, was concerned on the timeline and agreed that they should take advantage of the silver lining regarding getting the rezoning done.

Michelle McEntee, Pacifica, was worried on Pacifica’s infrastructure and the zoning and preferred housing be mixed income.

Ken Miles, Pacifica, stated concern about the Housing Element adding up to 7,000 more Pacificans, infrastructure problems on highways and greater density.

Suzanne Moore, Pacifica, appreciated the needs assessment, but thought they missed including a goal to assist our unhoused and keep housed citizens in their homes and offered options on prioritizing goals.

Kirk Miller, Pacifica, shared thoughts on development of his client’s property which he submitted to staff and consultants, but was left off the list of vacant private higher density sites.

Tom Olsen, Pacifica, questioned who subsidizes low-income housing, and expressed concerns regarding adding housing on Oceana High School’s property.

Dan Briesach, Pacifica, was concerned that he hasn’t heard about design functions and if the building will fit in with the marine environment, and questioned not giving priority to housing for Pacificans raised in the city.

Albert Romero, Pacifica, stated Oceana High School property is good open space for kids and he is against anything being built on Oceana High School’s property.

Angela Wilson, Pacifica, echoed comments on Oceana High School, and stressed her concerns regarding potential housing development on any school campuses.

Clifford Lawrence, Pacifica, submitted a response regarding housing for low income and felt city property should not just be a percentage for low-income housing.

John Kontrebechi, Pacifica, stated he represents clients with applications for three projects totaling 187 units that are not listed in the Draft Housing Element, and asked staff to add them

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Attachment: Attachment A: Minutes of 03-21-2023 Joint Study Session (5334 : Approval of Minutes) City Council Joint Study Session 3 March 21, 2023
and stated there are other sites that could be developed for residential and not shown in the document.

Mayor Bigstyck closed public comments.

The Council and the Planning Commission asked follow-up questions and addressed speaker concerns, which were answered by Planning Director Murdock, Consultant Hamilton, and City Manager Woodhouse.

Planning Director Murdock offered the Council and Planning Commission three overarching questions to guide the type of feedback they need: 1) Are housing sites criteria reflective of the community’s values? 2) Is the order and priority for the programs appropriate, with the rezoning component being critical so that it is likely needed to be the first implementation on adopting the housing element? 3) What are their top priorities among the lists of action items and programs so staff can shape the timeline and thinking about resourcing and planning? Mayor Bigstyck proceeded with guiding the Council / Planning Commission through the Draft Housing Element document chronologically, receiving specific feedback and questions.

Chair Berman and Vice Chair Hauser suggested holding another study session to review the document site by site and allow for additional comments from HCD to inform future discussions.

There was Council and Planning Commission consensus on holding another study session.

Mayor Bigstyck and Councilmember Boles suggested raising the inclusionary ordinance to 20%.

Councilmembers Boles and Bier raised their concerns on housing the homeless, and Planning Director Murdock advised that Council could direct staff to plan for more lower incoming housing units. Later on, Councilmember Beckmeyer suggested incorporating this discussion into the policy to proactively market available housing opportunities.

Mayor Bigstyck, Chair Berman, Vice Chair Hauser, and Commissioner Wright discussed protecting Sea Bowl and Pacifica Brewery.

Vice Chair Hauser and Councilmembers Beckmeyer and Bier discussed adding additional sites as a buffer for future study sessions. Vice Chair Hauser also suggested creating a new category of potential sites.

Chair Berman suggested establishing objective criteria to help align the sites with the city’s values in future study sessions.

Mayor Bigstyck and Councilmember Boles discussed adding language regarding ownership to the document in conjunction with rental housing and workforce housing.

Commissioner Wright requested consideration of other properties regarding large field space in the city-owned properties section. Councilmember Boles added moving up evaluating potential city sites in the priority list to facilitate building affordable housing sooner.

Mayor Bigstyck asked to clarify the responsible agency for their partnership with Pacifica School District, and Consultant Hamilton noted his direction.

Mayor Bigstyck and Councilmembers Beckmeyer and Bier discussed including bilingual

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Attachment: Attachment A: Minutes of 03-21-2023 Joint Study Session (5334 : Approval of Minutes) City Council Joint Study Session 4 March 21, 2023
interpretation services and marketing materials in order to provide information to the community.

Mayor Bigstyck moved to extend the meeting to 11:30 p.m.; seconded by Councilmember Beckmeyer.

EXTEND MEETING TO 11:30 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Mayor
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Councilmember Boles noted moving the priority of the housing fund up in the list.

Commissioner Leal strongly felt that they should preserve existing affordable housing units in the priority.

Councilmember Boles noted the importance of encouraging development near public transit.

Councilmember Boles and Chair Berman also suggested that staff identify the needs for capacity improvement, i.e. water/sewer/police/fire infrastructure.

Councilmember Boles moved to extend the meeting to 12:00 a.m., seconded by Mayor pro Tem Vaterlaus.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Boles, Councilmember
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Boles
NOES: Bier
Councilmember Boles added that she would prefer staff reincorporate co-housing into the document. She further asked about possible repercussions in allowing housing to be built in commercial zoning.

Overall, the Council and Planning Commission provided administrative edits to the document, including adding a glossary for ease of public reading, adding columns in existing charts for additional categories, revising lists/charts/graphs/maps, improving visual depictions, adding annotations and scales to photos/images, updating classifications, refining language for comprehension especially in relation to timelines, adding clauses pertaining to rental/ownership, specifying agencies for clarification, and incorporating up-to-date reference files.

Moreover, the Council and Planning Commission discussed planning for balancing the number of sites for any removed or amended sites, giving priority to Pacificans in new housing, noting feasible options for retaining the Sea Bowl site, adding objective criteria for existing and new sites, increasing the number of sites in conjunction with the criteria, expanding considerations of certain properties regarding field space, reducing timelines for responsible agencies where possible, ensuring bilingual interpretation services and marketing materials, emphasizing housing opportunities for the unhoused, reviewing funds to enact priorities, introducing additional developer fees, preserving existing affordable housing, highlighting infrastructure capacity improvements (such as transit and utility), and protecting commercial zoning.

All the Councilmembers and Commissioners agreed next steps would include transmitting the

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Attachment: Attachment A: Minutes of 03-21-2023 Joint Study Session (5334 : Approval of Minutes) City Council Joint Study Session 5 March 21, 2023
information to HCD for their 90-day review, staff processing the comments, and then reconvening at another joint study session thereafter.

Vice Chair Hauser discussed the inherent risks of the timeline, such as missing the January deadline, and facing state mandates. Vice Chair Hauser, Councilmember Beckmeyer, and Commissioner Wright emphasized the need to provide staff with needed materials to meet the January submission date. There was consensus among the Council and Commission.

All councilmembers and commissioners expressed their appreciation to all of them.

RESULT: NO VOTE REQUIRED

ADJOURN
Mayor Bigstyck adjourned the meeting at 11:45 p.m.

Transcribed by Barbara Medina, Public Meeting Stenographer.

Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Tygarjas Bigstyck, Mayor

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Attachment: Attachment A: Minutes of 03-21-2023 Joint Study Session (5334 : Approval of Minutes)

CITY OF PACIFICA

SPECIAL AND REGULAR MEETING
April 10, 2023 (MONDAY)
www.cityofpacifica.org
Mayor Tygarjas Bigstyck called the meeting to order on April 10, 2023 at 5:15 PM 5:15 PM - CLOSED SESSION
Mayor Bigstyck called the meeting to order at 5:15 p.m. 00a. Conference with Legal Counsel – Anticipated Litigation- Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One potential case) 00b. CONFERENCE WITH LABOR NEGOTIATORS - Government Code section 54957.6 - Agency designated representatives: Timothy Davis, Mark Wilson, Rachel Balchum of Burke, Williams, and Sorenson; Employee organizations: Fire Battalion Chiefs, IAFF Local 2400; Fire Fighters, IAFF Local 240; Management Unit, Teamsters Local 350 ; Miscellaneous Employee, Teamster Local 856; Pacifica Police Officers Association; Police Mgmnt (PPMA) & Police Supervisors (PPSA); Wastewater Treatment Plant Teamsters Local 856 7:00 PM OPEN SESSION
Call to Order
Mayor Bigstyck reconvened the meeting at 7:01 p.m.

Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Yulia Carter, Asst. City Manager; Lisa Petersen, PW Director; Christian Murdock, Planning Director; Chris

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Attachment: Attachment B: Minutes of 04-10-2023 Special and Regular Meeting (5334 : Approval of Minutes) City Council Regular Meeting 2 April 10, 2023
Clements, Acting Police Chief; Lucy Xie, Dep. Finance Director; Roland Yip, PW Dep. DirectorField Services/Engineering; Maria Aguilar, PW Dep. Director-Wastewater; Nelson Schlater, Engineering Manager-Wastewater; Bob Palacio, PB&R Director; Jason Bustria, IT Analyst; Sarah Coffey, City Clerk, Emily La, Dep. City Clerk.

Reading of Land Acknowledgment
Mayor Bigstyck read the Land Acknowledgment.

Salute to the Flag led by Councilmember Beckmeyer
Closed Session Report
City Attorney Kenyon stated there was no reportable action.

SPECIAL PRESENTATIONS
A. Legislative Update - Congresswoman Anna Eshoo
Congresswoman Anna Eshoo stated that she was happy to be with all the community and was proud to represent Pacifica. She referred to the redistricting and was thrilled about that. She mentioned she joined the Mayor, Councilmember Beckmeyer, City Manager Woodhouse and staff, along with Kevin Mullin, for a tour of the city to learn about all the city’s infrastructure needs along the coast, such as the pier, etc. They talked about the city’s work with the Army Corp of Engineers, including studies for two projects that will begin this year to address coastal erosion and beach nourishment along the shoreline. She knows the city is counting on these to build the momentum for a larger study of the shoreline. She supported this project. She had her annual meeting with the Corp of Engineers in Washington, DC, and was very firm about Pacifica’s needs and having them addressed. She stated that the Corp informed her that they were changing how they conduct their cost benefit analysis for coastal protection projects to better account for impacts to lower income communities and they believe this change will directly benefit Pacifica. She stated that she will continue to support Pacifica in moving things forward. With this new year and new Congress, her top legislative priority will be to work with Pacifica keep moving the city’s projects forward. She wants to continue to build on the successes of the first two years of Biden’s administration with landmark legislation that was passed. She stated that the inflation reduction act to lower the cost of health insurance and prescription drugs is in place, and thankfully, most Californians who enroll in private health insurance to cover California are eligible for a comprehensive health plan with is a huge achievement, adding that seniors on Medicare will have their insulin costs capped at $35 a month, as well as free CDC recommended vaccines. She mentioned all the positive things Congress is doing to also address climate change. She encouraged everyone to learn more about specific tax credits available. She referred to other bills that have been passed to provide critical funding and if they have any questions, they can contact her staff, mentioning several of the city’s requests and she will follow up on the processes to completion. She thanked Pacifica for supporting her and her staff. She concluded that she will be working with the city diligently.

Mayor Bigstyck thanked her for being with them at this time and for representing our city.

Mayor pro Tem Vaterlaus thanked her for all her support, currently and in the past when she helped us even though she wasn’t representing us, and now that she represents us, she looks forward to working with her even more.

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Attachment: Attachment B: Minutes of 04-10-2023 Special and Regular Meeting (5334 : Approval of Minutes) City Council Regular Meeting 3 April 10, 2023
Councilmember Beckmeyer echoed her comments, adding that she wanted to commend her staff for their willingness to understand and help us in our ongoing needs; she looks forward to working with her and her staff and thanks her for her support. She agreed with her that there are long term problems in Pacifica and having her in our corner is terrific.

Congresswoman Eshoo thanked her, especially for the positive comments on her staff.

Councilmember Boles appreciated the opportunity to meet with her, mentioning that they briefly met when both were campaigning during the elections and had a good discussion about affordable housing. She thought she was a compassionate person who cares about the communities and she was looking forward to working with her.

Councilmember Bier thanked her for all her work for us and with us, and appreciated that she always treats her like her equal. She has been thinking about her and how things are going, adding that she is a kind and warm woman, but also fierce; they appreciate it as they need it in a representative and she thanked her for that.

Congresswoman Eshoo thanked her. She stated that we are partners, which is the way she views the job of representatives, i.e., to make life better for people and each generation makes it better. She stated that there are many challenges but she looks at challenges as an opportunity and she looks forward to getting these things done. Regarding staff, she wanted to add that City Manager Woodhouse is highly respected and her staff worked with him when he was in Mountain View and she thanked him for his leadership as well.

Mayor Bigstyck thought Councilmember Beckmeyer expressed it so well in mentioning that, even before she was our representative, she was fighting for us alongside Jackie Speier; Congresswoman Eshoo was able to pick up where she was because of already being there with her to help us, particularly from her advocacy on our behalf as we navigate difficult circumstances, such as sea level rise.

Congresswoman Eshoo mentioned working with Kevin Mullin and the benefits when they work together. She wanted to thank him for being a wonderful partner and they are thrilled to have him in the House and she will always help him also.

Mayor Bigstyck thanked her, adding that he has been representing us for a long time and it is good to be united in working together and hopefully it will trickle up. He then opened up for public comments.

Lynn Adams, Pacifica, thanked her for keeping sea level rise at the top of her work and thanked her for sending a representative to the Earth Day VIP tour and celebration. They look forward to having her representative working with them. She asked how they can help her reduce the amount of single use plastic which is a contribution to pollution and sea level rise.

Congresswoman Eshoo thanked her and all advocates as that is how we get things done. She stated that she thought Congress was a pro-active institution and now she knows it is a reactive institution and it is people in the community that rise up in their advocacy who play a very important role in getting things done in our country and she stated she will be knocking at her door.

Irene Lee, Pacifica, stated she was curious about the major change the Corp of Engineers was doing to change the benefit cost ratio for environmental studies and projects.

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Attachment: Attachment B: Minutes of 04-10-2023 Special and Regular Meeting (5334 : Approval of Minutes) City Council Regular Meeting 4 April 10, 2023
Congresswoman Eshoo stated this is a new way to address how they do their cost benefit analysis as, previously, they didn’t take into account the impacts to lower income communities and that was going to play into increasing the opportunities for Pacifica so she considers it a real plus. She stated that it will benefit Pacifica and other communities in terms of the average income in the community and the approval of projects will be very helpful.

Mayor Bigstyck thanked her for her representation.

Congresswoman Eshoo thanked him and each councilmember, adding that she loved being with them. They will be starting up the townhall meetings and she will let us know the dates as Pacifica is at the top of her list and she looks forward to speaking directly to Pacificans who can ask her whatever they want at the hour long meeting. She thanked Council for their public service and she was proud to be their partner in that work.

Mayor Bigstyck stated that they were so grateful to have her.

CONSENT CALENDAR
Councilmember Boles noted that she has a conflict of interest on Item 7. She spoke with the City Attorney and it was okay to stay in the room if the item is not pulled, but if it is, she is happy to step down.

Mayor Bigstyck opened up public comments.

Marj Davis, Pacifica, stated she is reading a statement by Summer Lee addressing Item #7 regarding the recession of the Vista Mar project approval because of the city’s failure to perform an EIR, stating her concerns regarding the project.

Jim Kremer, Pacifica, stated he was speaking on Item #7, and expressed his approval and thoughts on Council reversing the decision on the Vista Mar project.

Irene Lee, Pacifica, stated she was speaking on item #7 and supported needing a full EIR, expressing her thoughts and concerns on the project.

Denise Leonardi, Pacifica, stated she is speaking on Item #7, and supported Council supporting the rescinding of the Vista Mar project, sharing her concerns on the project.

Mayor Bigstyck closed public comments.

In response to Councilmember Boles’ edits and City Attorney guidance, City Clerk Coffey reiterated that, on page 34 of minutes, paragraph 7, they were changing the word “communities” to “amenities” and strike the second part of paragraph on page 35 after the comma.

Mayor pro Tem Vaterlaus amended her motion to approve the consent calendar as amended.

Councilmember Beckmeyer seconded the motion.

City Clerk Coffey stated the vote for the consent calendar with Item #2 as amended except for Item #7 is a unanimous vote, 5-0; Item #7 is a vote 4-0 with Councilmember Boles abstaining.

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Attachment: Attachment B: Minutes of 04-10-2023 Special and Regular Meeting (5334 : Approval of Minutes) City Council Regular Meeting 5 April 10, 2023
CONSENT ITEMS #1, #2 AS AMENDED, 3-6, AND 8
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
CONSENT ITEM #7 (INCLUDED WITH CONSENT CALENDAR)
RESULT: ADOPTED [4-0]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier
ABSTAIN: Boles

1. Approval of Disbursements for Dated 3/01/23 through 3/31/23.

PROPOSED ACTION: Receive and file the Monthly Check Register Report for the month of March 2023

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Special and Regular Meeting held on March 27, 2023.

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

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

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

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

5. Continuation of Proclamation of Local Emergency related to December 2022/January 2023 Winter Storm Events
PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist related to the December 2022 / January 2023 Winter Storm Events.

6. Agreement to Purchase UV Disinfection Equipment for the Calera Creek Water Recycling Plant
PROPOSED ACTION: Adopt a Resolution to authorize the City Manager to execute a Purchase Agreement with Trojan Technologies in the amount of $1,136,603.75 in connection to the Ultraviolet Disinfection Replacement Project (P034); approve budget authority in the amount of $1,250,264.13 which includes 10% contingency in the amount of $113,660.38; authorize the City Manager to execute all documents related to the project equipment purchase.

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Attachment: Attachment B: Minutes of 04-10-2023 Special and Regular Meeting (5334 : Approval of Minutes) City Council Regular Meeting 6 April 10, 2023

7. Rescission of City Council Resolution No. 70-2020 and Planning Commission Resolution No. 2020-017 for the Vista Mar Development Project located on the east side of Monterey Road approximately 250 feet southeast of the Monterey Road and Hickey Boulevard intersection (APN 009-381-010).

PROPOSED ACTION: Move to adopt a Resolution to rescind, set aside and deem null and void City Council Resolution No. 70-2020 and Planning Commission Resolution No. 2020-017, which adopted the Initial Study/Mitigated Negative Declaration (“IS/MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) and approved Site Development Permit PSD-714-02, Use Permit UP-904-02, Tentative Subdivision Map SUB-204-02, Heritage Tree Removal Authorization and Logging Operation Approval (File No. 2002-001) for a residential development on an approximately 53,000-SF (1.217 Acres) undeveloped lot on the east side of Monterey Road and Hickey Boulevard Intersection (APN 009-381-010) known as the “Vista Mar Project.”

8. Sharp Park Priority Development Area Pedestrian Improvement Project City/County Association of Governments Funding Agreement
PROPOSED ACTION: Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Approving the Funding Agreement (“Agreement”) between the City/County Association of Governments of San Mateo County a Joint Powers Agency whose members include the County of San Mateo and the twenty incorporated cities and towns within San Mateo County (C/CAG) and the City of Pacifica” and Authorize the City Manager to sign the Agreement

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Lynn Adams, Pacifica, thanked Council and staff, shared her positive thoughts on the weather and then shared condolences to John Flin whose wife, Jeri Flinn, has passed away. She was the first Pacific Beach Coalition president and was a big contribution to their success. She addressed the date for city clean up on April 22 and invited all to participate followed by a celebration on the beach and a VIP Tour and gave details.

Daniel Beckman, Pacifica, stated he wanted to share his thoughts and concerns about Esplanade regarding safety issues for those living on that street.

Danielle Lacampagne stated she is a member of Citizens for San Mateo Gun Buy Back, and she presented information on an anonymous gun buyback in San Mateo County on May 6 in South San Francisco and stated the City Clerk will print some flyers for Pacificans with the information. She shared data from previous buybacks.

Irene Lee, Pacifica, stated that she appreciated having Zoom option for participation as she cannot attend in person due to health reasons, and asked if other meetings for issues asking for public input can have the Zoom option.

Mayor Bigstyck asked the City Manager if he can have Public Works look into the condition of the street lights on Esplanade and he would like to be updated on the nearest ability and if they can have the gun buyback event on Connect with Pacifica.

City Clerk Coffey stated that the gun buyback flyer is being promoted in Connect with Pacifica and they have printed flyers in the back of the room for anyone in the audience.

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Attachment: Attachment B: Minutes of 04-10-2023 Special and Regular Meeting (5334 : Approval of Minutes) City Council Regular Meeting 7 April 10, 2023
Mayor Bigstyck suggested the City Manager address during staff communications if they can have Zoom for the Manor Overcrossing meeting.

COUNCIL COMMUNICATIONS
Councilmember Bier attended the Coast Pride Board meeting and they are planning Pride events in Pescadero, Half Moon Bay and Pacifica. They will also have a regional safety meeting as part of the planning process for those events to have a regional approach to have law enforcement. They had the Pacifica Pride planning meeting for the June 3 event. The parade will go down Palmetto and many businesses will be participating and they will be having a dual fundraising event on April 16. She stated it is fun and innovative and looking forward to that. She stated PCT Open House is on April 15. She suggested that the public come to see all the great things that PCT provides for our community. She stated that they will be having a strategic planning meeting on April 11. They had a Pacifica Collaborative meeting and through that they have been talking about unity and love and what it means to combat hate in our community. The members of the Collaborative will be participating in a lot of events happening, such as Earth Day, and thanked Lynn Adams for that event which she thought was a point of unity in coming together for our planet, in addition to Peace Week in September.

Councilmember Boles attended the Peninsula Clean Energy training for new board members and it was good to understand their process, operation, etc. She asked them about grid reliability and shared their frustration with PG&E despite their staff shortages. She stated that Peninsula Clean Energy is doing a lot to help us move toward electrification and they know it is difficult for some in the communities and are working to expand their programs. They said there is enough power for electrification. Because things have become so efficient, it is adding just a small 1% change to the demands on the grid. She sees a lot of misinformation and so thought it is important to communicate. She attended the San Mateo County Sustainability Awards with Mayor Bigstyck which was honoring projects that are leaders in sustainability and electrification.

She stated the theme was thanking all volunteers and they have been spreading into other cities in the county where they do regular beach cleanups. She stated most of the councilmembers got to serve dinner for the volunteers of the senior program. She found it fun to learn about all the various programs, etc. She attended the Airport Roundtable meeting and learned that some of the increased noise is during the storms and wind patterns change and flights come through here. She stated that, until the end of May, the airport has closed two of the runways and the departures are funneling through here more. She felt it was good to keep the complaints going to let them know. She stated that they are continuing to work on getting a noise 101 seminar to educate them about what they can do and be involved in making it better. She was approached by the Pacifica Land Trust and has been talking with some of their leaders as well as the City Manager for grants. She stated that it is initial planning to look at possibilities and a lot is about community building and outreach and educating us on what can be done.

Mayor pro Tem Vaterlaus attended the city class on the Brown Act and reporting income. She attended the senior appreciation dinner that they served. She attended a Leadership Summit conference with CalCities regarding the conference they are going to this week to meet with legislators. She thanked Lynn Adams, as every day is earth day and it is important.

Councilmember Beckmeyer attended the Brown Act and Ethics training and she thought it was important to be very mindful of what it is to have the public business done in the public and take into account that there a few items that are appropriate for closed session, but we need to do our business here in the council meetings. She stated the Pride meeting was productive. She missed the Beautification Advisory Committee meeting because she was out of town. She is

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looking forward to how they are going to announce the Beautification Awards.

Mayor Bigstyck began with remembering the war in Ukraine. He attended a morning Rotary Club meeting where he spoke on what the city is doing in terms of climate action planning. He attended a master plan update for Filoli, which is a national public land trust and a beautiful estate with gardens. They are planning to upgrade the entirety of the site over a several year phase which was interesting. He attended the Sustainable San Mateo County awards dinner with Councilmember Boles. He stated that there was a meet and greet he attended with David Hochschild, California Energy Commission chair, along with members of Peninsula Clean Energy, updating him on what PCE is doing which was an informative and helpful meeting. He attended the CalCities planning meeting for the leadership summit. He enjoyed the volunteer appreciation dinner and loved serving them. He attended a Public Works appreciation bowling event; he felt there was no adequate way to say thank you to that PW team but it was fun to enjoy the event with them. He attended Beth Phipps’ retirement breakfast, which was a good way to send her off. He had a brief one on one meeting with Josh Becker later and he found out Thursday is his birthday; he said now, on behalf of Pacifica, Happy early Birthday, Senator Becker. He took a meeting later that day with Mila Zelkha who is the District Director for Assemblyman Mark Berman in a meet and greet session to know her better and helping her to know Pacifica better. On Sunday, he was invited by Tom Nibbe of Holy Cross Lutheran to attend the Easter sunrise service at the Sweeny Ridge Discovery site. He was looking forward to the Earth Day celebration on the 22nd. He stated that there will be a Boys and Girls Club Lobster Boil fundraiser on the upcoming Friday. He stated that, at the City Democrats meeting on Saturday, Jackie Speier will be talking about her non-profit initiative. He referred to Councilmember Bier mentioning the PCT Open House from 1:00 to 5:00 on April 15th. He hoped they will have the final goalsetting on April 11th as well as strategic planning from 6:00 to 10:00.

STAFF COMMUNICATIONS
City Manager Woodhouse stated he had the privilege of serving at the great senior volunteers lunch event; he emphasized that the seniors program with the help of volunteers served over 80,000 meals on wheels last year and 40,000 congregate lunches were served, which is an astounding number that program provides to seniors in need. He updated ongoing commission and committee recruitments as well as part 2 of the strategic planning session the following day.

He also stated the Manor Overcrossing Project community meeting is on April 18 and, regarding a question on the format, it is only an in person meeting as the city only has the capacity to do hybrid meetings for Planning and City Council meetings that are filmed by PCT and have staff support. He added that the community meeting is an open house format where the consultant will give an initial presentation which will be made public on the website following the meeting, and basically an open house for the community to ask questions of the consultant, but no broadcast or hybrid.

Mayor Bigstyck called a break then reconvened the meeting.

PUBLIC HEARINGS - NONE.

CONSIDERATION

9. Fiscal Year 2023-24 Budget Planning Process, Timeline, Long-Term Financial Forecast, Summary of Future Challenges.

PROPOSED ACTION: Accept the report and provide feedback and additional policy

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direction for preparation of the FY2023-24 Budget.

Asst. City Manager Carter presented the staff report.

Mayor Bigstyck thanked her for all the hard work that goes into creating a budget for a city.

Councilmember Beckmeyer asked, in the course of presenting the CIP budget the next time, if there will be a chart or information about what our investments from the General Fund have been over the last few years because she stated that, for a city of our size, $1 million would be the norm. She felt it would be helpful to her to have some context for that.

Asst. City Manager Carter responded affirmatively.

Councilmember Boles stated that she was looking at the Public Works website and we have a CIP that identifies projects for a certain number of years. She asked if the projects that are in that document still there for this year.

Asst. City Manager Carter stated that, when they look at the CIP budget, they look over fiveyear period but they fund it for one year at a time. What is coming to Council in May will be recommended funding levels for fiscal year 2023-24; throughout the process, some things may shift a little bit so not necessarily a duplication of the book they see on the website. She stated that Public Works is working on the budget development process now and they will see how the current environment will shift some of the priorities and it will change over the last year.

Councilmember Boles stated that some of the CIP is in sewer funds that are separate from the General Fund.

Asst. City Manager Carter stated that the CIP program will have old projects regardless of whether they are funded. Even though they have a separate funding level, they still take a lot of work and effort; thus, priorities need to be defined.

Councilmember Boles knows there is a lot of interest in the community in doing a short-term rental review of the ordinance, which is one thing on the overall list that they will be looking at, but they can’t make a decision as to what capacity they have as there are a lot of different avenues that are asking for that same sum of money.

Asst. City Manager Carter stated that part of it will be in strategic planning discussion tomorrow.

Mayor Bigstyck opened public comment and, seeing no one, closed public comment.

Councilmember Bier asked for clarification on the $650,000 from Measure Y.

City Manager Woodhouse thought it was just representing their estimate about revenue incoming and not allocated to anything, just estimating that amount of revenue from April through June 2023.

Asst. City Manager Carter agreed. They are projected to receive this money.

Councilmember Boles asked for clarification about, in that same line item, a capital transfer of $655,000.

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Asst. City Manager Carter stated that it was the budget transfer for the year, i.e., how much General Fund pays toward the CIP program this fiscal year and it has nothing to do with the Measure Y fund. If they approve this budget, there would be no change to the midyear budget.

Mayor Bigstyck stated that, while discussing Measure Y, they were looking down the barrel of a $2.7 million structural deficit and, because Pacifican voters were far thinking enough to approve Measure Y, we will be able to maintain our city services and, as we go through this budget planning session through June, demonstrate how that is going to keep us afloat. He thanked staff for bringing it to the attention of Council to put it to the voters and he thanked the voters for ensuring that Pacifica will not have that structural deficit.

Councilmember Boles stated one of her main concerns is staffing, including salaries and number of staff. She asked if we are looking at other opportunities for increasing staff productivity, such as software changes or reclassification of when staff needed to do certain accounting, and improving efficiency so the same staff could do the work in less amount of time.

Asst. City Manager Carter stated that they are always looking at service improvement level.

The ERP project has been on the city’s radar for about five years and every year they allocate the funding toward the CIP to take it on, but due to all the challenges, there was no capacity to start this huge project. They are looking at service improvements and service enhancements.

They will see how they can improve and optimize our service deliveries.

Councilmember Bier asked if they will have an opportunity to talk about the contract services and exactly what our money is paying for to have a clear view of all the contracted services.

She asks because people have been talking about an arborist and that has been a concern in the community. Her district has a million trees that are not very healthy and is also a concern of hers. Because she isn’t sure what all the contract services are, she would like to see a full picture on that.

Councilmember Boles stated, on that item, they received a written public comment that indicated that the city used to have a staff arborist who retired, and she doesn’t know if a formal decision has been made to not hire a permanent person in that position.

City Manager Woodhouse stated, regarding a summary of contract services, he would be happy to bring together what they can. He stated it was important to recognize that it is not just contracted staff but all of the various contracts, projects, etc. In terms of an arborist, that falls into the category of staffing levels and the tension that exists between our current staffing levels and enhancing services with new staff and the cost of those. Regarding any staffing recommendations, they can provide that analysis, adding that it often is more efficient to use contract services in some cases and not in others. That is a case-by-case analysis that is necessary. He stated that they had a staff member in Public Works who retired who technically wasn’t an arborist but was doing those duties. His position has been filled, and PW Director Petersen can clarify that the city is using contract arborist services which they think, in this case, is the most efficient way to proceed.

Councilmember Beckmeyer asked PW Director Petersen if there is a way to clarify the qualifications and certification an individual may hold versus the name of the position that the city has as a designated position. She stated that sometimes people serve different functions and she wanted clarity on that as it has a longer history.

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PW Director Petersen stated, from a big picture perspective of the city, they have a Superintendent of Parks and they did have someone within that position who on his own volition and not supported by the city became an arborist. Once he became an arborist, he was asked to do a lot of extra tasks related to arbor services. It was a certification he got on his own volition and the position does not require it. That position has been filled and no one who had applied for that position had an arborist certification.

Councilmember Beckmeyer asked for more details regarding position control and position presentation.

Asst. City Manager Carter stated they will be presenting the base budget report on May 8 and that will tell Council exactly how many positions are included in the base budget, adding that it will be exactly the same number of positions now. She stated that any additional positions, classes, or changes in the position control will be brought to Council as part of budget recommendations; that would be the service level change to be approved.

Mayor pro Tem Vaterlaus saw that they budgeted $88,000 a long way out on excess ERAF and they are threatening every year to not give us excess ERA. She asked if there was a reason why they keep it in our budget.

City Manager Woodhouse stated that the $88,000 reflects the policy from Council to provide funding to our non-governmental organizations and that policy is contingent on receiving at least that amount in excess ERAF. If in any given year they didn’t receive that amount of excess ERAF funding, our funding to NGO’s would be in question. The balance of excess ERAF currently is, by Council policy, generally allocated to Fund 38, Disaster Accounting Fund for coastal emergencies.

Councilmember Boles stated she had a question about pension liabilities. She thought in last year’s budget, they put a few hundred thousand into that, and she read that they should be putting in $3.8 million this year, which they don’t have. She asked what implications that has.

Asst. City Manager Carter stated, as far as pension liability, we do pay some pension liability because CalPERS is charging for a portion of the pension liability in addition to the normal cost.

She stated that, what they discussed last year during the budget development process was an additional policy to fund unfunded pension liabilities long term, to be processed by a contractor.

The minimum policy level was $167,000, and that is what was included in the budget and that money will be put aside to the irrevocable trust to continue addressing this liability or the money will be counted towards the unfunded liability. She stated the base budget will include the same policy level decision. If Council wants to decide to add to the budget option to change this, that will become an enhancement to the service.

Councilmember Boles asked if the $167,000 as a minimum does anything to their longstanding deficit.

Asst. City Manager Carter stated that it does, as it counts towards their long-term financial obligations. They invest this money with PARS. It is a city asset and they will set it aside for the purpose and it will be counted for the unfunded liability.

Councilmember Boles asked what our total approximate unfunded pension liabilities. She assumed it was higher than the $3.8 million.

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Asst. City Manager Carter agreed, stating the $3.8 million represents a certain percent of the total unfunded liability. She added that, when they talk about unfunded liability, it was important to realize that this is the future liability and it is not payable in any given time this time or in five years. She stated that they will talk more about it as they close the year and update the number. She will make sure they include some section in the next report.

Councilmember Beckmeyer thanked Councilmember Boles for asking those questions, as former Councilmember O’Neill had a great command of all the pension issues and would give explanations, ask questions, and lead conversations. On listening to her questions, she was thinking of the Brown Act: as they hear it every year, it makes a lot more sense each time. She asked Asst. City Manager Carter if she could include that, i.e., give them the color around that issue as she felt it bears repeating every year to educate all of them as it is a long future commitment and they’re trying to do a budget for the upcoming fiscal year. Understanding all those nuances and challenging issues is helpful.

City Manager Woodhouse stated that they will provide more information and elaboration on liability issues. As they are talking about it, he wanted to provide that high level viewpoint and challenge on it. He stated that they know it’s efficient and prudent to set up the trust fund as they can afford to put money into it and save the money because it helps our future liability and our financial condition for expenses into the future that we need. He stated that the policy challenge is finding that money to afford to put away. The personal finance example is, if you aren’t making enough money to cover your ongoing house expenses or living expenses and food, you probably aren’t putting money away for your retirement. He stated that this is the local government version in a simplified way. If they can find one-time dollars in any given year to put into the PARS Trust Fund, they would like to do that. It has often been a budget strategy recommendation he has made over the years, to set up the fund, try to put a little bit of money into it, and hopefully can keep that trend going. He stated that they have a lot of budget challenges this coming year.

Mayor Bigstyck thanked staff.

RESULT: NO VOTE REQUIRED

10. Appointment of Ad Hoc Subcommittee related to Commission/Committee Charter Review Process and Timeline for Review of Commission/Committee Charters PROPOSED ACTION:

1. Consider appointing a two-councilmember limited-term ad hoc subcommittee to develop survey questions for Commissions/Committees as part of their charter review process; and

2. Confirm the timeline for review of Commission/Committee charters, including whether or when to consider formation of any new Commissions/Committees.

City Manager Woodhouse presented the staff report.

Mayor Bigstyck opened public comments.

Kimberly Finale, Pacifica, stated she heard younger generation citizens speak up and she stated that we all need to listen to them to protect our city and world from climate change, and other environmental issues to make it a better place for all to live and thrive and encouraged Council to form a new Youth Advisory Committee.

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Monica Meagher, Pacifica, stated she has been a Pacifican for almost ten years, worked with Sustainability and Energy for Justice and, understanding staff has a lot on their plate, she urged Council to find the time to figure out what it will take to create the Environment and Sustainability Committee as soon as possible as this is an urgent issue and she would be willing to join it.

Mayor Bigstyck closed public comments. He referred to a discussion at a previous meeting about taking one at a time. This list might be quicker than they discussed, and he asked City Manager if that would work better in terms staff time to take to do it or consider slowing things.

City Manager stated, if Council is interested in elongating the timelines, that is welcome from the staff resource perspective. He stated that one aspect of designing this way is to say they want to accomplish the work by the end of a certain date. They may each have their own timeline and may overlap. Each commission and committee involves staff liaisons from different departments, such as for September 2023 BAC, EDC and EPSC. He stated that the city manager’s office is involved in all of them, but the actual staff liaison is in different departments and balances the workload. He stated that, if there is a more forgiving timeline the Council wants to approve, that is welcome.

Mayor Bigstyck thought the conversation they had the last time was that they can take an easy pace to not overburden staff.

Councilmember Bier hoped that, by gathering information from our committees and commissions, they would have the data to show that some are perfectly happy with their charters and don’t want to review them. She wanted to find out about their experience and how they see them moving forward; thus, the piece about hearing from them is important to show the timeline based on answers received.

Mayor Bigstyck thought, based on what she was saying, it sounds as the appropriate time to flesh out a timeline would be after they receive initial feedback.

Councilmember Bier stated that is what she thinks, i.e., to receive feedback from all of them.

Mayor Bigstyck asked if there was a consensus.

Councilmember Boles is okay with that, but she wondered about OSPAC as they have been waiting for a long time.

Councilmember Bier thought that would be the first one.

Mayor Bigstyck thought OSPAC and LAC are specifically called out as being a pressing need.

After that, he and Councilmember Bier want to get an initial read on everybody before figuring out the next steps.

Councilmember Bier asked what Council thinks.

Councilmember Beckmeyer agrees with her thoughts now and agreed when she brought it up previously. She thought there were a couple of structural things that are challenging about LAC specifically and the LAC and EDC in terms of how the positions are called out and required because of the way it is written, such as certain groups having a seat on those committees.

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Mayor pro Tem Vaterlaus gave an example of having someone from the Chamber sitting on EDC.

Councilmember Beckmeyer stated Mayor pro Tem Vaterlaus knows that from the EDC standpoint because of having served on it for a long time. She stated that they are making it work, but it effectively comes down to one less person on these committees than they think there is because they are not coming and can’t in some cases based on when meetings are scheduled due to a conflict with other obligations. She stated that the mechanical aspect is separate from the philosophical and practical feedback they want to get from the members. On looking at this timeline, she wonders if she is willing to wait until the end of September to address the EDC staffing issue.

Councilmember Boles stated she doesn’t know those issues but thinks the EDC is probably one of the key committees on looking at the budget. She thought bumping them up earlier to review that might be beneficial. She added that all of these committees have a Council liaison and they are there to listen. She stated that the only one that is not is the Planning Commission. She wondered if they might want to have a temporary Councilmember listening for the discussions with the Planning Commission and didn’t know if it is legal.

City Attorney Kenyon stated that they should not have a liaison to the Planning Commission because, if that liaison member is hearing a land use item that is going to appealed to Council, there is a question about whether or not that liaison member is conflicted out. She didn’t say they would be definitively, but it is an issue they would have to explore; it creates more questions that need answers and that would be the caution for Council in considering that.

Councilmember Boles thought the meeting to discuss their Commission could happen when there is not something else on the agenda.

City Attorney Kenyon stated that a meeting on a particular topic that is not a land use item would be appropriate.

Councilmember Boles assumed a Councilmember could be there to listen about their charter.

City Attorney Kenyon thought they were going to have joint study sessions where there would be discussion between the two bodies. She stated that, with liaison members, it is hard to know what their role is, such as are they an adjunct member of the body, there to solicit input, there to provide input. She stated that she and the City Manager have talked about that before. She thought, in creating a new liaison, she would not call them a liaison.

Councilmember Boles wasn’t thinking anything long term, but as these conversations are happening with questions established by our ad hoc committee.

City Attorney Kenyon believes that was the reason why there is no liaison to the Planning Commission in general.

Mayor Bigstyck thought that was the purpose of our ad hoc for this item, i.e., ultimately a liaison notwithstanding for any given commission or committee, it is the chair that is going to be leading that conversation. If the Council liaison is there, he thought they could be tapped for helpful information at any given moment, as often a commission or committee will ask if they can tell them about some specific topics, and they might turn to one of them and ask for clarification on

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any particular thing but largely that is the reason why they are trying to create this ad hoc that will articulate what those parameters for discussion are and ultimately they can hand it off to any chair regardless of a liaison presence or not so the chair can lead the discussion. He referred to City Attorney’s comments on Planning and understood the sensitivity of land use.

City Manager Woodhouse referred to the discussion of liaisons at the March 27 meeting, and there was a list of other administrative matters related to commissions and committees and, after review of the charters, they can visit it. The topic of liaisons and what is the actual role and purpose of a liaison was one point to be visited. He heard the comments of starting with survey questions to commissions and committees to get them early in the process to hear back. He thought one of the most recent charter revisions was for the Economic Development Committee, and they took the extra step of Council approval of their work plan. He thought they could ask EDC if they are okay with their structure, charter and event planning, etc. There needs to be one structural change about the representation that makes up EDC so they don’t have quorum problems for their meetings. He thought, if the surveys are done early before June for all the committees and commissions could elicit that question, they could tackle that one-off as a short item with them.

Mayor pro Tem Vaterlaus added that with the Youth Advisory Board, climate committee, sustainability committee, Fog Fest Committee, etc., she doesn’t know that they have the bandwidth to do all that. She thought they may have to stay separate committees for a while.

Councilmember Beckmeyer stated that they have received public comment on that from a former chair who has been on the committee for a long time. She values that input and would propose that they have some fact-finding and an opportunity to hear from the director of PB&R around his intentions with the Youth Advisory Council. She stated that it had to go on hiatus because of COVID-19, and the public comment they heard was so inspiring about youth and their urgency to be engaged. Councilmembers are telling versus listening, guiding versus letting them lead, and she thought those were interesting perspectives. She would want to hear a lot about the plans with the Youth Advisory Board now and where it’s going before they decide they need one. She thought they may have an opportunity in place to grow what we already have.

She thought environmental and sustainability are another issue.

Councilmember Bier appreciated the public comment, and professionally she leads youth councils and do youth-led research; they tell us what they want to work on and what is affecting them and what they are passionate about, which was her point in bringing up the Youth Advisory Board. She knows the young people she works with really want their voices heard, more than just being there on the side. She realizes that it takes a lot of staff time, referring to a seat on PB&R that was never filled, but she appreciates the opportunity to talk about it and learn from the director about his plans. She thinks the youth are ready to have their voices heard and to be civically engaged and she thinks it is Council’s responsibility to make sure it happens.

She didn’t know if that was the best fit at the moment, but to find out, they need to get the information and hear from them and everyone else.

Mayor Bigstyck agreed. He got an article from a community member about how youth used to be more engaged in Council activity and he thought that was a helpful idea to hear from our youth think about the decisions Council is making and weighing in on them, as they are ultimately trying to do right by them.

Councilmember Bier thought there might be another vehicle to get regular input from them.

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Councilmember Boles asked if there was an age-wise restriction for young people applying to be on Commissions, such as could a high school student apply.

City Manager Woodhouse stated that PB&R Director Palacio had a lot of experience with the youth committee in San Mateo and can provide information, maybe related to an age criteria.

He stated that Council’s goal at this meeting is not discussing as to whether to do this or not but raise the question of when would Council want more information back as there is a lot of detail about the current Youth Advisory Board does, which is not a Brown Act committee. If there was a group directed by the board, that would be a Brown Act committee and is a different thing. He asked what the advisory capacity that Council wants and directs our committees and commissions to provide them advice on.

PB&R Director Palacio reminded Council that there are 15-18 members on the Youth Advisory Board and is surging. He stated that they are impressive people. He offered that, if they are to be held to the Brown Act, etc., it is going to be very difficult for them to do many of the things they do, planning events or activities. He stated that it would be very difficult for them. There are constraints that come with making them that formal body. There are downsides and pros as well. He asked that they make sure, when they survey them, they have all the information to understand what it would mean to formalize them in that way and put those constraints as mentioned earlier that they must follow, and they need to be very conscious. He didn’t think it was a best practice to formalize a committee of young people who want to put on activities and events, etc. He stated that it doesn’t preclude them from talking about government and exposing them to government and bringing them here and having conversations and asking the questions at their regular meetings and getting feedback from them. They have an active PB&R Commissioner Rodriguez who attends all their meetings and is doing a terrific job as a liaison in giving them some of those experiences. He felt there were different ways to do it and he would want to give them that information up front so they had enough information to make the call on the pros and cons of that whole thing. They can make that decision and give them the information as well so they can give feedback that would be most useful.

Councilmember Bier appreciated that, adding that her groups do not have the Brown Act restrictions, but just groups of high school students who can talk to their school board at any point in time and make recommendations. She appreciated his input.

Mayor pro Tem Vaterlaus thought it made sense to her also.

Councilmember Boles knows adults who have left Commissions because of Brown Act provisions as it makes things difficult. She advocated for the Sustainability/Climate Committee.

She stated they discussed having that discussion as part of the Climate Action Plan, which she thought was coming up at the next Council meeting.

City Manager Woodhouse stated that they are working towards the initial study session about the Climate Action Plan update for the April 24 City Council meeting. He didn’t know about talking about whether to form a committee at that point as this is the kickoff to understand the scope of the update process and set forth the timeline. He thought all the research and information analysis about what staff time impacts would be, the benefits, cons, etc., would be a future goal during that update process.

Councilmember Boles stated that the Climate Action Plan was a good kickoff for that committee.

She thought we have a passionate community, and it would be easy to fill those positions and help the city as we have a small sustainability staff now. She mentioned, and thought City

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Manager Woodhouse was looking into it, the possibility of getting an intern for 11 months for much less than a staff person and that person could be the liaison without needing a full-time fully paid staff person. She hopes that is something to consider. She knows it is a committee that a lot of other cities in the Bay Area have long-term. She was willing to read other cities’ charters to see what is defined and bring some good examples for us if that is helpful.

Mayor Bigstyck asked if there were any other commissions or ideas floating around to make sure staff understands before they move into the ad hoc discussion.

Councilmember Bier thought not more than the ones already discussed.

Mayor Bigstyck thought Councilmember Bier expressed a great desire to be on the ad hoc committee.

Councilmember Bier responded affirmatively. She stated that they need to balance the passion with grounding.

Mayor Bigstyck heard her, and a member of the community recommended that he might serve on the ad hoc as well. He was open to other suggestions if anyone would like to work with Councilmember Bier, but if not, he was happy to work with her.

Councilmember Beckmeyer moved that Council form an Ad Hoc Subcommittee on the subject of committees and commissions and the members be Mary Bier and Tygarjas Bigstyck; seconded by Councilmember Boles.

Mayor Bigstyck stated that, through conversation, they gave a substantial amount of feedback that the second point was asking for, and he asked if they need more clarification, a motion, a conversation they haven’t had yet.

City Manager Woodhouse stated, regarding timelines, he heard that to tackle the LAC and OSPAC charters and work on that will commence with the goal before the end of June. They will need survey questions to follow the process which the Ad Hoc Committee will take that as their first order of work for those two committees and, perhaps for the EDC, but the goal of developing the survey questions is some questions for all the committees and also individualized committee/commission questions. They won’t determine the timeline for the remainder of the committees/commissions until they get that initial feedback from the committees/commissions. He stated that while they have the goal of these timelines by the end of June for LAC and OSPAC, those are aspirational goals and will determine the timeline for the remainder. He stated the formation of a climate committee will be at some point during the deliberations about the Climate Plan update. He hasn’t heard input on whether Council is interested in the formation of a youth committee and when all of the information and analysis about that would need to be brought back to Council and whether it is urgent or if there is an evolution period for the newly formed YAB to be more involved and informed about Council matters in addition to event planning, but they remain as a non-Brown Act advisory board formed by the PB&R department.

Mayor Bigstyck thought, with the Youth Advisory, maybe the questions they develop will be for the current Youth Advisory and go from there based on that feedback as to which direction they might take. He got agreement from Councilmember Bier, and asked the City Manager if that makes sense. He then concluded that they have consensus across the board on everything being discussed. He asked if the City Manager has what he needs.

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Attachment: Attachment B: Minutes of 04-10-2023 Special and Regular Meeting (5334 : Approval of Minutes) City Council Regular Meeting 18 April 10, 2023
City Manager Woodhouse responded affirmatively.

Appoint Mary Bier and Tygarjas Bigstyck to an Ad-Hoc Subcommittee on Committees/Commissions
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Christine Boles, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles

ADJOURN
Mayor Bigstyck adjourned the meeting at 9:56 p.m., in memory of Jeri Flinn, the first president of Pacifica Beach Coalition.

Transcribed by Barbara Medina, Public Meeting Stenographer.

Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Tygarjas Bigstyck, Mayor

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Attachment: Attachment B: Minutes of 04-10-2023 Special and Regular Meeting (5334 : Approval of Minutes)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/24/2023
1 SUBJECT:

Approval of Amendment No. 2 to the Construction Management and Inspection Agreement between the City of Pacifica and GHD, Inc. and Notice of Completion for the Milagra Creek Outfall Repair Project.

RECOMMENDED ACTION:

Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Approving Amendment No. 2 to the Construction Management and Inspection Agreement between the City of Pacifica and GHD, Inc. in the amount of $44,000.00; Accepting completion and directing the City Manager to file the Notice of Completion for the Milagra Creek Outfall Repair Project; and Authorize the City Manager to execute all documents and release the retention funds to the contractor.”
STAFF CONTACT:

Raymund Donguines, P.E., Senior Civil Engineer
(650) 738-3768
[email protected]
Roland Yip, P.E., DPW Deputy Director
(650) 738-3771
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

The Milagra Creek Outfall serves as the ultimate discharge point of stormwater to the Pacific Ocean from the Milagra Drainage Basin as well as a large section of Highway 1. Exceptionally high tides and swells combined with powerful waves, brought about by the 2016 El Niño storms, caused failure of the bluff supporting the Milagra Creek Outfall and washed out the rock revetment protecting it. The loss of support and protection caused severe damage to the large concrete headwall and destabilized the associated 8-foot diameter reinforced concrete pipe.

On April 27, 2020, City Council awarded the construction contract to the low bidder Michael Roberts Construction, Inc. (MRC). Ultimately, MRC declined the project award due to issues related to the COVID-19 epidemic and the project was therefore awarded to the second lowest responsible project bidder, Northwest Demolition, Inc.

Construction began in August 2020 to install micropiles through the Milagra Creek outfall pipe into the adjacent soil to stabilize the pipe. The project encountered several delays due to the difficult working conditions inside the pipe, Covid shutdowns, and environmental permitting winter storm season working restrictions.
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During the course of the construction work in 2020, Northwest Demolition encountered rock within the soil that made drilling for the micropiles very difficult. Also, the project was shut down at the end of October 2020 due to the contractor’s staff contracting Covid-19. This effectively stopped the project until the spring of 2021, as environmental permitting required work to stop during the winter storm season.

The Covid work stoppage had a huge adverse economic impact on Northwest Demolition, on top of other financial losses it had already incurred due to Covid. Northwest Demolition is a small business, and with its only job suspended, they had to find other work to try to keep the business in operation. Northwest Demolition landed an emergency slide repair job with the County of Santa Cruz which they completed in the fall of 2021. Consequently, the Milagra Outfall project was suspended again until the spring of 2022, as environmental permitting required work to stop once more during the winter storm season.

The Milagra Creek project resumed work in March 2022. Again, during the course of the construction work, Northwest Demolition encountered difficult conditions that made drilling for the micropiles very difficult. Finally on July 22, 2022, the project was completed. As a result of the prolonged project duration, which was beyond GHD’s control, additional administration, field and management time was required. Amendment #2 with GHD is to cover the additional construction management and inspection services.

On July 12, 2021, City Council approved Change Order # 1 with Northwest Demolition in the amount of $53,950 for the unforeseen condition regarding drilling through the rock and approved Amendment #1 with GHD in the amount of $59,423 to cover the additional construction management and inspection services.

There were two construction change orders issued to the contractor Northwest Demolition, Inc. during construction. Change Order #1, as noted above, and a deductive Change Order #2 for ($4,659) for reducing the project pile scope. The total change amount for the project was $49,291. The change orders included additional working days to cover work stoppage during Covid and the winter seasons. With these change orders, the final contractor construction cost for the project was $545,291.

As the project is now complete and staff is satisfied with the contractor’s work on the project, it is appropriate to record the formal Notice of Completion with the San Mateo County Recorder's Office. This recorded document is the legal notice that the City considers the project complete and intends to pay the contractor for the full and complete contract price. This also puts all subcontractors and suppliers on notice that if they have any claims for payment from the contractor, they have 30 days to file claims for payment against the City. This provision of contract law protects subcontractors from contractors who may not pay them properly. It also protects the City from claims against the City for any nonpayment on the part of the contractor.

The City withheld 5% of the contract amount, $27,264.55, as retention to make sure that all subcontractors and suppliers have been paid. The City will release the retention if no claims are received.

The City Manager recommends approval of the attached resolution approving amendment #2 with GHD, Inc. (Attachment 1) and accepting completion of the project and the filing of the Notice of Completion (Attachment 2) with the San Mateo County Recorder's Office.

ALTERNATIVE ACTION:

Council may choose not to adopt the resolution and not approve the contract amendment and not accept completion of the project, but as the work has been satisfactorily completed, the 2 Packet Pg. 43
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contractor may file a claim against the City for non-payment of retention if there are no claims.

Staff does not recommend this alternate action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the amendment and Notice of Completion for the Milagra Creek Outfall Repair Project, is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise.

This construction project improved existing public drainage infrastructure. 2 Packet Pg. 44
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April 24, 2023
FISCAL IMPACT:

There is no fiscal impact associated with Amendment #2 and the filing of the Notice of Completion. The total project Source and Use of Funds table is shown below with funds coming from a CalOES grant and Fund 38, ERAF.

Previous Council Approved Use of Funds
CDAA/CalOES $508,632.75
Fund 38 - ERAF $269,244.25
Total $777,877.00
Current Expected Use of Funds
Construction Cost $496,000.00
Construction Change Order #1 $53,950.00
Construction Change Order #2 -$4,659.00
Construction Management $128,504.00
Construction Management Amendment #1 $59,423.00
Construction Management Amendment #2 $44,000.00
Total $777,218.00
Project End Balance $659.00
ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment 1-Amendment No. 2 to the Construction Management and Inspection Agreement between the City of Pacifica and GHD, Inc. (PDF)
Attachment 2-Notice of Completion for the Milagra Creek Outfall Repair Project (PDF) 2 Packet Pg. 45
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April 24, 2023
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING AMENDMENT NO. 2 TO THE CONSTRUCTION MANAGEMENT AND INSPECTION AGREEMENT BETWEEN THE CITY OF PACIFICA AND GHD, INC. IN THE AMOUNT OF $44,000.00; ACCEPTING COMPLETION AND DIRECTING THE CITY MANAGER TO FILE THE NOTICE OF COMPLETION FOR THE MILAGRA CREEK OUTFALL REPAIR PROJECT;

AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS AND RELEASE

THE RETENTION FUNDS TO THE CONTRACTOR
RESOLVED by the City Council of the City of Pacifica, California, that WHEREAS, the City requested additional Construction Management and Inspection services from GHD, Inc.; and
WHEREAS, the City Engineer of the said City has filed with the City Clerk of said City, his Certificate as to the completion of all the work provided to be done under and pursuant to the contract between said City and Northwest Demolition, Inc., on March 23, 2020, and WHEREAS, it appears to the satisfaction of this Council that said work under said contract has been fully completed as provided in said contract and the plans and specifications therein referred to,
NOW, THEREFORE, it is ordered as follows:

1. That acceptance of completion of said work be, and it is hereby, made and ordered.

2. That the City Manager is authorized to sign the project amendment documents for the Governing Board.

3. That the City Manager is directed to file for record with the County Recorder of the County of San Mateo, Notice of Completion thereof, pursuant to Section 3093 of the Civil Code of the State of California
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of April, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

CITY OF PACIFICA
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ 2 Packet Pg. 46
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April 24, 2023
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 2 Packet Pg. 47

Page 1 ends

OAK #4849-6631-0203 v1

SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This Second Amendment to AGREEMENT FOR CONSULTANT SERVICES AGREEMENT (the "Second Amendment") is made and entered into this _____________ day of _______, 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and GHD, INC., a corporation, (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, on March 20, 2020, CITY and GHD, INC. entered into that certain agreement entitled “AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF PACIFICA AND GHD, INC.,” (“Agreement”) to provide Construction Management and Inspection services in connection with the Milagra Creek Outfall Repair Project; and WHEREAS, on July 12, 2021, City and GHD, Inc. entered into that certain First Amendment to amend the terms of the Agreement to provide Construction Management and Inspection services in connection with the Milagra Creek Outfall Repair Project; and WHEREAS, City and GHD, Inc. now desire to enter into this Second Amendment to amend the terms of the Agreement.

AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby agree as follows:

1. Amendment to Agreement. The City would like to continue to engage the services of GHD, Inc. to perform the updated tasks set forth in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full.

2. Agreement in Effect. Except as amended by this Second and First Amendment, the Agreement shall remain in full force and effect.

3. Counterpart Signatures. This Second Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
[SIGNATURES ON NEXT PAGE]

ATTACHMENT A

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Attachment: Attachment 1-Amendment No. 2 to the Construction Management and Inspection Agreement between the City of Pacifica and GHD, Page
2 OAK #4849-6631-0203 v1

CITY OF PACIFICA
By: _______________________ Date ________
Kevin Woodhouse, City Manager
GHD, INC.

By: _______________________ Date _4/10/23_______

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Attachment: Attachment 1-Amendment No. 2 to the Construction Management and Inspection Agreement between the City of Pacifica and GHD, Page
3 OAK #4849-6631-0203 v1
Exhibit A

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Attachment: Attachment 1-Amendment No. 2 to the Construction Management and Inspection Agreement between the City of Pacifica and GHD, The Power of Commitment

Our ref: 11211866
06 February 2023
Mr Raymund Donguines, P.E.

Senior Engineer
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Milagra Creek Ocean Outfall Repair Project CM Agreement Amendment Request - Details Dear Mr Donguines:

The following information is presented in support of GHD’s request for a second contract amendment totalling $44,000 for construction management of the Milagra Creek Outfall Repair Project.

The original contract was authorized in March of 2020, anticipating a total of 40 days of inspection with a not-to-exceed fee of $128,504. Amendment 1 was authorized on August 18, 2021 for an additional $59,854 based on an estimate in May 2021 that an additional 23 workdays of inspection would be required. It was noted at the time that the budget would not allow for full-time inspection, City resources were expected to supplement GHD’s time. Review of daily logs reflects GHD site presence:

March 2022: 5 days
April 2022: 17 days
May 2022: 13 days
June 2022: 7 days
July 2022: 7 days
For a total of 49 days – more than twice the estimated level of effort. In addition to the extended field time, additional administration and management time was required during this period. The City was aware of the additional level of effort required and anticipated amending GHD’s contract once the project was complete and the various Contractor issues had been settled.

As a result of the extended contract duration, which was beyond GHD’s control, we respectfully request a second contract amendment for an additional $44,000 to compensate for our additional level of effort.

Original Contract: $128,504
Amendment 1 $ 59,854
Proposed Amendment 2 $ 44,000
Revised Total: $232,358
Actual project charges above budget through January 28, 2023 total about $41,000. Remaining activities include final contractor change order and pay requests, minor administrative effort, and project documentation compilation and transmittal to the City.

GHD understands that Council approval will be required to close out the project. We anticipate our work to be complete by the date of Council approval, expected to be at one of the March, 2023 meetings. GHD has greatly appreciated the opportunity to work with the City on this challenging project and we hope to continue our collaboration in the future.

Regards,
Jane Rozga
Construction Management Business Group Leader
707-236-1530
[email protected]

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Attachment: Attachment 1-Amendment No. 2 to the Construction Management and Inspection Agreement between the City of Pacifica and GHD, Inc.

NOTICE OF COMPLETION

CITY OF PACIFICA

FOR THE MILAGRA CREEK OUTFALL REPAIR PROJECT
NOTICE IS HEREBY GIVEN, pursuant to Section 3093 of the Civil Code of the State of California, by Roland Yip, City Engineer of the City of Pacifica, California, that the contract awarded to Northwest Demolition, Inc. on March 23, 2020, has been completed in accordance with the plans and specifications for said work filed with the City Clerk, and approved by the City Council of said City.

That said work and improvements were actually completed on the 22nd day of July 2022 and that acceptance of completion of said work was ordered by the City Council of said City, adopted on the 24th day of April 2023, and that the name of the surety on the contractor's bond for labor and materials on said project is US Specialty Insurance Company.

That said work consists, generally of installation of micro-piles to repair the existing Milagra Creek Outfall to mitigate further damage to existing storm drain system and other miscellaneous work.

Name and address of Owner: City of Pacifica
540 Crespi Drive
Pacifica, California 94044
Roland Yip, P.E.

City Engineer

VERIFICATION
The undersigned states that he is the City Engineer of the City of Pacifica and that he makes this verification on behalf of said entity; that he has read the foregoing, and knows the contents thereof, and that the facts stated therein are true.

Roland Yip, P.E.

City Engineer
Executed at Pacifica, California, on April 24, 2023.

ATTACHMENT B

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Attachment: Attachment 2-Notice of Completion for the Milagra Creek Outfall Repair Project [Revision 1] (5329 : Approval of Amendment No. 2

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/24/2023
1 SUBJECT:

Resolution Authorizing Master Consultant Services Agreement and Task Order No. 2 with CSG Consultants for Construction Management Services for the Civic Center Campus Facilities Improvement Project
RECOMMENDED ACTION:

Move to Approve a Resolution Authorizing a Master Services Agreement and Task Order No. 2 for the Civic Center Campus Facilities Improvement Project in an amount not to exceed $196,350; and Authorize the City Manager to Execute all Documents Related to the Project.

STAFF CONTACT:

Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]

BACKGROUND/DISCUSSION
The Civic Center Campus Facilities Improvement Project began as a facilities study and based on this study a conceptual design was developed that ultimately led to biddable project plans and specifications for the Civic Center buildings. Following pre-qualification of potential contractors, the project was released to bid on February 25, 2022. The project was awarded to the low bidder, WE Lyons Construction by the City Council on April 25, 2022. The total approved construction amount was $9,405,397 for the project base bid plus 6 additive alternates. Additive alternates included site improvements, cooling system for the conference rooms, exterior accents on the P&P building, City Hall siding, A/V Equipment, and photovoltaic infrastructure.

The City advertised for a two-year full-time temporary Project Manager for the day-to-day management of the project and also hired a part-time Consultant, Chesterworks Consulting, who has over 40 years of municipal building experience, to provide higher level direction to the City’s temporary Project Manager. Although the City experienced difficulty finding a suitable applicant for the two-year Project Manager position, ultimately a qualified applicant was found and hired at the start of the project in June of 2022.

Due to the temporary nature of the position and distance to work, the City’s temporary Project Manager found a more suitable position and gave notice to the City in February of 2023 and left in March 2023. In order to quickly secure a Project Manager to manage the day-to-day responsibilities of this critical project, the City requested staff augmentation through CSG consulting, who also currently provides staff augmentation in other City departments. CSG was able to provide a qualified person for the position quickly and the management of the Civic Center project through CSG staffing allowed for a streamlined transition. The City executed Task Order 1 of the CSG Master Agreement to secure these services through the City Manager’s Authority with a contract for $49,500 until staff could take this item to the City Council for approval.
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The new consultant staff augmentation for the Project Manager position is working well and they are quickly getting up to speed on this complicated project. Staff is recommending continuing with the staff augmentation services from CSG for the Civic Center project through the end of November for $195,350. It is currently anticipated that the Civic Center project will reach substantial completion in October with final completion in November or early December.

The City Manager recommends authorizing a Master Services Agreement and Task Order No. 2 for the Civic Center Campus Facilities Improvement Project in an amount not to exceed $196,350 with CSG Consultants for construction services and authorize the City Manager to execute all documents related to the project.

ALTERNATIVE ACTION:

The Council may choose not to authorize the Master Services Agreement and Task Order No. 2 with CSG Consultants for construction management services for the Civic Center project. This is not recommended as this may delay the project construction and subject the City to possible delay charges from the contractor.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise. This action will support the repair of the Civic Center Campus buildings that will house critical City staff and provide services to the Pacifica community.

FISCAL IMPACT:

The remaining ARPA 2-year temporary funds for the Project Management position related to the Civic Center for this fiscal year has $62k remaining that will help cover the consultant costs.

Next fiscal year’s funds for the consultant staff augmentation work are part of the General Fund allocation and the remainder of the costs to cover the Project Management consultant work will come from the General Fund. This cost will be added into the City’s base budget for next fiscal year.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment 1_Agreement_CSG_20230301_Master Services_General Engineering Services_recvd 3.2.23 EXECUTED (PDF)
Attachment 2_Agreement_CSG_20230301_Task Order No. 1_Civic Center Construction Management Services_recvd 3.2.23 EXECUTED (PDF)
Attachment 3_Agreement_CSG_Task Order No. 2 Civic Center Construction Management Services 20230413_signed by Consultant (PDF)
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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING A MASTER CONSULTANT SERVICES AGREEMENT AND TASK ORDER NO. 2 WITH CSG

CONSULTANTS FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CIVIC

CENTER CAMPUS FACILITIES IMPROVEMENT PROJECT AND AUTHORIZE THE CITY

MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO THE PROJECT WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City of Pacifica entered into a Master Services Agreement and Task Order No. 1 with CSG Consulting under the City Manger’s purchasing authority on March 1, 2023 for Construction Services of the Civic Center; and
WHEREAS, the Civic Center Facilities Improvement Project was awarded to WE Lyons Construction by the City Council on April 25, 2022; and WHEREAS, the City advertised and hired a two-year full time temporary Project Manager to assist with the day-to-day management of the project in June of 2022 and the Project Manager left the position in March of 2023; and WHEREAS, to quickly secure a new Project Manager through consultant staff augmentation for the critical management of this project, the City used the services of CSG Consultants who currently provides staff augmentation to other City departments; and WHEREAS, the City Council has considered the City Manger’s recommendation to authorize a Master Consultant Services Agreement and Task Order No. 2 with CSG Consulting on April 24, 2023; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to authorize a Master Consultant Services Agreement and Task Order No. 2 with CSG Consultants in an amount not to exceed $196,350 per the Agreement’s Task Order No. 2 and authorize the City Manager to execute all documents related to the project. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of April, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
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______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 3 Packet Pg. 56

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/24/2023
1 SUBJECT:

Sharp Park Priority Development Area Pedestrian Improvement Project Design & Engineering RECOMMENDED ACTION:

Adopt a Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving the Master Services Agreement and Task Order No. 1 with NCE in an amount not to exceed $155,800.00; Authorize a budget authority in the amount of $179,170.00, which includes contingencies in an amount not to exceed fifteen percent (15%) of the Agreement amount; Authorize staff to Execute Future Task Orders not to exceed the contingency amount; and Authorize the City Manager to execute all documents related to the Sharp Park Priority Development Area Pedestrian Improvement Project.”
STAFF CONTACT:

The Sharp Park Priority Development Area (PDA) Pedestrian Improvement Project will close sidewalk gaps, improve sidewalk to current ADA standards, install new ADA compliant driveways and corner curb ramps, install curb and gutter to improve storm water management, remove and replace failed pavement, install Bicycle Boulevard (Paloma) and pedestrian crossing striping, and base repairs with slurry seal along Paloma Avenue, Carmel Avenue and Santa Maria Avenue from Francisco Boulevard to Beach Boulevard. The new driveways and sidewalks will provide an ADA compliant path of travel in the project area and provide a vital link for pedestrians and bicyclists from the eastern residential neighborhood of Pacifica to the Sharp Park district, Palmetto business area, Pacifica Civic Center, two schools, the Sharp Park Library, and the popular Sharp Park Beach and Pacifica Pier. Furthermore, the pavement improvements will aid bicyclists and pedestrians by remove tripping hazards while also installing up to date and improved pavement striping for a safer overall experience.

In spring of 2022, the City/County Association of Governments of San Mateo (C/CAG) approved the guidelines and process for the Metropolitan Transportation Commission One Bay Area Grant (OBAG) 3 County & Local Program. As part of the OBAG 3 process, C/CAG Board recently authorized $900,000 in Measure M funds to fund Safe Routes to School (SRTS) eligible projects towards this project, following the City’s OBAG 3 grant submittal. At the April 4 Packet Pg. 105
Pacifica City Council 2
April 24, 2023
10, 2023 Council meeting, the City Council adopted a resolution approving the funding agreement with C/CAG related to this Measure M grant.

Additional funds needed for the project were recently approved by the C/CAG Board and will come from reallocated OBAG 2 funds and Transportation Fund for Clean Air (TFCA) funding.

The total additional funding allocation from these sources will be approximately $1.35M. The C/CAG Board approved these funds with the understanding that the City would expedite the project due to a project construction obligation funding deadline of early 2024. Once the City receives the funding agreements for this new project funding, staff will bring these agreements to the City Council for approval.

In anticipation of receiving $900,000 project Measure M funding, staff requested proposals from the City’s on-call consultant list for civil engineering and design. Staff evaluated the three received proposals based upon the consultants’ experience in similar projects, quality of key staff and defined scope and approach. Based upon the evaluation criteria, NCE was selected by staff to proceed with the civil engineering and design services related to the Sharp Park Priority Development Area Pedestrian Improvement Project and environmental review.

Staff has successfully worked with NCE, to develop the five-year Street Maintenance Program the City’s streets and several resurfacing projects since the program was developed. NCE is a full-service engineering firm that specialize in local agency staff augmentation work including, design and engineering. They have expertise in many aspects of civil design and are also familiar with City standards.

The City Manager recommends adopting the resolution and approving the Master Agreement and Task Order No. 1 between the City of Pacifica and NCE (Attachment "A"), for design and engineering Services.

ALTERNATIVE ACTION:

Alternative Action would be to not adopt the resolution which would delay the project design and possibly jeopardizing the City from receiving the grant funding. Staff does not support this alternative action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise. Adopting the resolution will improve the condition of the City street network.

FISCAL IMPACT:

Project Use of Funds
Design and Engineering $155,800.00
Contingency, 15% $23,370.00
Total Project Use of Funds $179,170.00
Project Source of Funds
Measure M Grant $900,000.00
Total Project Source of Funds $900,000.00
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Remaining Funds $720,830.00
The Measure M grant funding will cover the design and engineering cost and remaining funds will go towards construction.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE (PDF)
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April 24, 2023
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE MASTER SERVICES AGREEMENT AND TASK ORDER NO. 1 WITH NCE IN AN AMOUNT NOT TO EXCEED $155,800; AUTHORIZE A BUDGET AUTHORITY IN THE AMOUNT OF $179,170, WHICH INCLUDES CONTINGENCIES IN AN AMOUNT NOT TO EXCEED FIFTEEN PERCENT (15%) OF THE AGREEMENT AMOUNT; AUTHORIZE STAFF TO EXECUTE FUTURE TASK ORDERS NOT TO EXCEED THE CONTINGENCY AMOUNT;

AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO

THE SHARP PARK PRIORITY DEVELOPMENT AREA PEDESTRIAN IMPROVEMENT

PROJECT
WHEREAS, the Board of Directors of the City/County Association of Governments authorized $900,000 in Measure M funds to pay for Safe Routes to School (SRTS) eligible projects under the approved guidelines for the OBAG 3 County & Local Program towards the Sharp Park Priority Development Area Pedestrian Improvement Project; and WHEREAS, the City desires to move forward with the design of the Sharp Park Priority Development Area Pedestrian Improvement Project using a portion of the $900,000 allocated to the City by C/CAG; and
WHEREAS, the City requested proposals from engineering companies on the City’s OnCall List for the civil engineering and design services related to the Sharp Park Priority Development Area Pedestrian Improvement Project; and
WHEREAS, the City evaluated NCE’s proposal, and is satisfied they can successfully complete the work and has been satisfied with their services on past City projects.

THEREFORE BE IT RESOLVED that the City Council of the City of Pacifica authorizes the City Manager to execute the Master Agreement, Task Order No. 1 and future task orders for the Council for an amount not to exceed the budget authority amount of $179,170 that includes a 15% contingency and authorizes the City Manager to execute all documents related to the project.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of April, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 4 Packet Pg. 108
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MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 24th of April 2023 by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and NCE (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires civil engineering, geotechnical engineering, pavement engineering, landscape architecture, biological resources, and water resources consultant services; WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

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

ARTICLE 1 - SCOPE OF SERVICES

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

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

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

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

CONSULTANT agrees that the Services shall be performed consistent with the professional skill and care ordinarily provided by engineers 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.

ATTACHMENT 1

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

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

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

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

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order. However, in no event shall the amount the CITY pays to CONSULTANT for work done under a Task Order exceed the total compensation specified in the Task Order (“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

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shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

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

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

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until December 31, 2024 (the "Term").

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

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

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

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

ARTICLE 4 - DESIGNATED CONTACTS

4.1. CITY Contact. CITY designates Roland Yip, P.E., its Deputy Director of Public Works, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's 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 J. Ryan Shafer P.E., GE, its Principal, 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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ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense except as allowed by law pursuant to Civil Code section 2782.8. 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.

To the extent that CONSULTANT, is a design professional, as that term is defined in Civil Code section 2782.8(c)(3), the 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 (collectively “Claims”), defend, indemnify and hold harmless CITY, its officials, officers, employees and agents (“CITY Parties”) from those Claims that are caused by the negligence, recklessness, or willful misconduct of the Consultant. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault.

However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.

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

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all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.

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

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

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

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

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

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

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

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

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

If to CITY: Kevin Woodhouse, City Manager
540 Crespi Drive
Pacifica, CA 94404
Phone: (650) 738-7409

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Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: J. Ryan Shafer, P.E., GE, Principal
501 Canal Boulevard, Suite I
Pt. Richmond, CA 94804
Phone: (510) 215-3620
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 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.

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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.

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.
[Signatures on Next Page]

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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
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
CONSULTANT: NCE
By: Date
J. Ryan Shafer, P.E., GE, Principal
By: Date

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Packet Pg. 118 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park - 2 -
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05620-0129

EXAMPLE OF
TASK ORDER NO. 1

CITY OF PACIFICA
AND

CONSULTANT
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct CONSULTANT to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and CONSULTANT (“CONSULTANT”) hereto dated _____________, 20__ (“MASTER AGREEMENT”) SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.

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

SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed within 45 days or as extended in writing by the City Manager.

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

Approved this ________ day of ________ , 20___

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Packet Pg. 119 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park -
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OAK #4846-8099-6918v2
05620-0129

CITY OF PACIFICA
By:Date
Kevin Woodhouse, CityManager
Approved As ToForm
By:

MichelleMarchettaKenyon, City Attorney
CONSULTANT: NCE
By:Date
J. Ryan Shafer, P.E., GE, Principal
By:Date

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Packet Pg. 120 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park -
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OAK #4846-8099-6918v2
05620-0129
ATTACHMENT “A”

SCOPE OF SERVICES

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Packet Pg. 121 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park ATTACH
MENT“B”

COMPENSATION
- 5 -
OAK #4846-8099-6918v2
05620-0129

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Packet Pg. 122 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park TASK ORDER NO. 1

CITY OF PACIFICA AND

NCE

SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct NCE to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and NCE (“CONSULTANT”) hereto dated April 24, 2023 (“MASTER AGREEMENT”) SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.

SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed within 365 days or as extended in writing by the City Engineer.

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

Approved this 24th day of April 2023.

CITY OF PACIFICA
By: Date: _________________
Kevin Woodhouse, City Manager
Approved As To Form
By: Date: __________________
Michelle Marchetta Kenyon, City Attorney
CONSULTANT: NCE
By: Date: _______________________
J. Ryan Shafer, P.E., G.E. Principal

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Packet Pg. 123 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park ATTACHMENT “A” SCOPE OF SERVICES

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Packet Pg. 124 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
Page | 1

PROJECT UNDERSTANDING AND APPROACH
NCE understandsthat the City of Pacifica (City) isseeking for professional services to provide engineering design and develop plans, specifications and estimate (PS&E) for City’s Sharp Park PDA Pedestrian Improvement Project. It will include the installation of new ADA compliant driveways and curb ramps, curb and gutter to improve storm water conveyance, concrete sidewalk to close existing sidewalk gaps and sidewalk widening, and bicycle striping along Paloma Avenue, Carmel Avenue and Santa Maria Avenue from Beach Boulevard to Francisco Boulevard (see project locations on the map). In addition, a surface seal treatment will be applied with remove and replace failed pavements on project sections with approximately $1.8 million construction costs. We understand that the City would like to begin design to complete construction documents for bidding in Spring 2024 and begin construction in Summer 2024.

Key Assumptions
In order to deliver the most cost‐effective design strategy, we have made the following key assumptions:

City’s Responsibilities
NCE has assumed that the City will be able to provide the following to the extent available:

1. Provide information regarding utilities (i.e., water, sanitary sewer, electrical, and storm drain), and existing construction as available.

2. Provide project requirements, including design objectives, budget, constraints, and criteria.

3. Provide existing technical specifications as the basis for developing new technical specifications.

4. Provide City Standard Provisions and Standard Design Criteria.

5. Provide electronic files of City’s cover sheet template, if preferred.

6. Provide Front End specifications.

7. Provide bike path and pedestrian master plan as the reference.

8. Provide funding information.

Pavement Design

1. Pavement design will be based on observed field conditions and City’s maintenance and rehabilitation strategies utilized in City’s annual resurfacing and rehabilitation projects. Assume only surface seal (slurry seal, double slurry seal, cape seal, etc.) will be applied on selected sections in this project. No rehabilitation or reconstruction will be involved.

2. Since only surface seal with base repairs will be applied on pavement, no pavement coring or deflection testing will be conducted in this project.

3. Base repairs will be measured in length and width to estimate base repair bid quantities and shown on plan view for all street sections. It is the intent that base repair quantities will be for bidding quantity purposes only and that actual locations will be re‐marked by NCE with the City’s inspectors prior to construction as

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Packet Pg. 125 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
Page | 2
an optional task. Assume same criteria of marking base repairs form City’s annual resurfacing and rehabilitation projects will be utilized in this project. Base repair depths will be assumed based on street functional classification, unless otherwise directed by City staff.

Topographic Surveying, Base Maps, and Right‐of‐Way

1. A topographic survey will be completed for the street sections identified in this project from the existing back‐of walk to the opposite back‐of‐walk to establish a base map sufficient for developing civil design plans for the proposed driveway improvements and sidewalk gap closure sections. The survey limit will extend to approximately 10’ behind the back of walk in those locations identified for new driveway replacement or sidewalk installation in City’s preliminary improvement plan. This will also include record data location of the existing right‐of‐way for the mapping corridor. Right‐of‐way take and easements are currently not included in this scope of work, but if necessary, it can be added for additional scope and fee

2. A critical assumption is that all street resurfacing and improvement work will be within City right‐of‐way, as this has impacts to the level of effort required to completion of design.

Utility Coordination and Location

1. Assumes no significant roadway reconstruction requiring lowering or relocation of utilities.

2. NCE will prepare and distribute utility notification lettersto collect facility maps and as‐builts, confirm utility planned work, and notify utilities of the City’s utility cut moratorium on improved streets.

3. The subject street sections are expected to be candidates for preventive maintenance (surface seal) only, utility location is currently not included in our scope of work. If significant roadway reconstruction is required, we will discuss with the City utility location options (e.g., GPR) and can provide for additional scope and fee.

Traffic Striping

1. Traffic striping is assumed to match existing striping.

2. No significant traffic striping changes or design requiring traffic studies or assessment of traffic impacts is planned or included as a part of this scope.

3. Striping plans will be developed with new installation of shared roadway bike markings on Paloma Avenue between Beach Boulevard and Francisco Boulevard.

Traffic Control Plans

1. Traffic control plans are not included in scope of work. We have assumed as is typical to have contractor prepare traffic control plans in accordance with project technical specifications and requirements and submit to the City traffic engineering group for review.

Curb Ramps

1. It is assumed that non‐compliant curb ramps will be replaced or retrofitted (e.g., detectable warning surface embedded in concrete) in accordance with Caltrans standards, which we have identified total 4 locations.

Curb ramps will be replaced or retrofitted based on guidance from the Department of Justice/Department of Transportation Joint Technical Assistance on the Title II of the ADA Requirements to Provide Curb Ramps when Streets, Roads, or Highways are altered through Resurfacing dated July 8, 2013. For the purposes of developing this scope of work, we have assumed that surface seal streets that will receive slurry seal or double slurry seal applications and will not require further assessment and/or replacement of curb ramps

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Packet Pg. 126 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
Page | 3
aside from the four locations identified in City’s preliminary improvement plan. . Further clarification on curb ramp replacement included in this scope of work is as follows:
a. Replaced/retrofitted/added curb ramps are assumed to be readily constructed with only minor grade adjustments.
b. Utility relocations (e.g. utility poles, utility boxes, and drainage inlets, for example) required to
construct curb ramps are not included in this
scope of work.
c. All ramp construction shall be within City ROW.
d. For curb ramps within hills or steepened grades,
curb ramp design shall only extend up to 15 feet in
the uphill direction, beyond which is considering
chasing the grade.

Curb ramps will be field verified to determine the appropriate standard case ramp and NCE will develop a curb ramp detail for those that will require a custom curb ramp.

Curb and Gutter and Sidewalk

1. New sidewalk will be installed on locations identified by the City to close existing sidewalk gaps. Other existing sidewalk replacement is not included in this scope of work, but can be added if required for additional scope and fee.

2. Curb and gutter sections will only be replaced to the extent that it affects pavement treatment (e.g., tree root uplift or settlement) or to improve drainage.

E‐76 for Construction

1. Federal funding will be provided for this project.

2. No federal funds are being used to prepare the PS&E or prepare the E‐76 for Construction.

3. The City will provide documentation that Air Quality Conformity Analysis has been completed.

4. This scope of work does not include developing legal plats and descriptions, reviewing franchise agreements, owner claim of liability title report and appraisal, and utility relocation plans.

5. NCE understands that the approximate right‐of‐way (ROW) will be established based on information provided by our surveyor.

6. Improvements will be constructed within the City’s ROW.

7. Utility adjustments will be limited to utility cover raising and lowering; no utility relocation is expected or included in this scope of work.

8. Utility adjustment costs will be covered by the utility owners and/or the City, and the City will only seek federal reimbursement for federally participating items.

9. NCE will request facility maps from each affected utility as early as possible.

10. NCE will notify utilities of potential conflicts in writing at least 6 months in advance of the construction start date.

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Packet Pg. 127 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
Page | 4

11. City will provide and NCE will coordinate and assist the City with the following LAPM forms: Exhibit 6‐A Preliminary Environmental Study (PES), Exhibit 13‐B Right of Way Certification, and Exhibit 3‐A Project Authorization/Adjustment Request.

Construction excavation depths are expected to be within existing pavement and concrete sections and will not extend into native subgrade.

The purpose of our services will be to provide pavement and civil engineering design in support of the planned project by the City. To accomplish the stated purpose, we propose the following scope of services.

Project Scope
Task 1 – Project Management & Meetings
1A) Project Kick‐off Meeting/Progress Meetings:

NCE’s Project Manager will arrange a Kick‐Off Meeting with the City to initiate work on the project. The objectives of the Kick‐Off Meeting will be:

Review of the Scope of Work
Establish Lines of Communication
Confirm Deadlines
Establish Project Schedule and Milestones
Define Design and Operation Criteria
Whether a simple preventive maintenance project or a complex reconstruction project, it is critical to establish effective lines of communication with, and coordination amongst, the various stakeholders from the start to ensure the delivery a high‐quality project within budget and on schedule.

In addition to City staff (Engineering, Maintenance, etc.), NCE will At the Kick‐Off Meeting, key deliverables for each Task and the Project Schedule would be reviewed and adjusted accordingly to meet City needs.

During the course of the project, NCE will be seeking to develop the most appropriate and cost‐effective pavement surface seal alternatives as we completed in FY 2020/21 to FY 2023/24 pavement resurfacing program to stay within the planned project budget and schedule.

Throughout the project, NCE staff will be available to attend regularly scheduled progress meetings with the City to maintain good communication for this project to offer up efficiency and reduce the number of design review and coordination meetings. Therefore, we have assumed up to two (2) meetings for this project. The purpose of the progress meetings will be to identify and resolve any design or funding issues that may surface in a timely manner, present design alternatives and recommendationsto City staff, and continue coordination with projectstakeholders as necessary.

Deliverables: Kick‐off/Progress Meeting Agendas and Minutes Task 2 – Pavement Design
The scope of work we would perform under this task consists of the following:

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Packet Pg. 128 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
Page | 5
2A) Pavement and Curb & Gutter Condition Survey:

NCE will perform a pavement condition survey of each street section based on existing distresses. The surveys will generally cover the travel and parking lanes. Pavement condition surveys serve the purpose of further refining the appropriate pavement surface treatments.

This condition survey will generally note the presence of load related and environmental distresses,such as alligator cracking, longitudinal and transverse cracking, rutting, patches and utility cuts, distortions and depressions as they pertain to developing appropriate pavement treatments. In addition, potential base repairs will be identified in the condition survey. Our scope of work and condition surveys do not address issues including but not limited to traffic, safety and road hazards, geometric issues, or short‐term maintenance that should be performed (i.e. pothole that should be repaired).

A visual assessment of all curb and gutters will be included to identify areas where drainage or the adjacent pavement has been compromised. Our scope will limit repair recommendations to only those sections of curb and gutter that are damaged to the extent that they will affect pavement surface seals or cause ponding water or tripping hazard (i.e., tree root damage extending into pavement). If damaged curb and gutter areas are more extensive than anticipated, it may require additional time to complete, and we will notify the City if more time is required to complete these surveys.

For curb and gutter replacement, NCE will utilize the condition criteria for assessment and replacement developed from City’s annual resurfacing and rehabilitation projects. Based on the criteria established with the City, NCE will then determine what level of curb and gutter replacement will be pursued for design plans and documents. 2B) Pavement Design Recommendations:

Based on pavement condition and distresses observed in Task 2A, NCE will perform pavement analysis and design services, and develop pavement preventive maintenance recommendations for each street section. NCE will develop recommendations including, but not limited to, the following:

Slurry seals
Microsurfacing
Double slurry seals
Conventional or rubber cape seals
Multi‐layer surface seals
NCE will then summarize its recommendations in a pavement design tables to the City that, at a minimum, will include street inventory, pavement condition index (PCI), base repair percentage, and recommended treatments.

NCE will submit the draft pavement design tables to the City for initial review. Upon receipt of any comments from the City, NCE will then prepare its final pavement design tables and submit to the City.

Task Deliverables: Draft & Final Pavement Design Tables.

Task 3 – Plans, Specifications & Estimates (PS&E)
The work that will be performed during developing design PS&E are outlined in the subsequent Tasks. 3A) Design Data Gathering:

NCE will review relevant available data and recordsfrom the City aslisted in the previous section, public and private utility providers, and other sources that may be appropriate to support the preparation of project contract documents. These may include, but are not limited to, the City drainage structure inventory maps, aerial

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Packet Pg. 129 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
Page | 6
photographs of the City; as‐built street improvement and infrastructure plans, Bike and Ped Master Plan, as‐built plans from utility providers, including any preliminary plans for future work that may conflict with this project. The gathered information will be compiled and included in the base map used for design, if any this information is missing from the topographic survey. It shall be noted that available record data (e.g., utilities, right‐of‐way) used to supplement the survey for streets in this project will only be shown in their approximate location and that the depth of utilities will not be indicated.
3B) Topographic Surveys:

NCE’s Project Surveyor will complete monument/control recovery, field investigation and field surveys sufficient to prepare a topographic mapping product for the streets in this project. The mapping shall be compiled at an agreed upon scale with a 1’ contour interval and will be based on the City Datum.

The mapping area shall be a corridor along each of the streetsections between the existing back of walk to opposite back of walk, starting and stopping at the designated cross street locations and including through the returns of the terminating streets. In the absence of an existing sidewalk, the survey will extend to 5 feet behind the curb or edge of pavement, or up to the first substantial barrier (wall, fence, etc.), whichever occurs first. Lastly, the mapping will extend 25 feet beyond the curb return up each intersecting side street. In addition to the limits above, and in reference to the City of Pacific preliminary plan mentioned above, the survey limit will extend to approximately 10’ behind the back of walk in those cross‐hatched areas identified for driveway replacement or new sidewalk installation. The topographic data to be collected is more specifically defined as:
 Cross‐sections at 50’ intervals along with detailed surface topography and/or additionalspot elevations as required defining the longitudinal slope/grade breaks. Typically, the cross section will include back of walk, top of curb, flowline and lip of gutter, a pavement elevation approx. 5’ from the lip of gutter, and the pavement centerline.
 Surveyed locations for significant surface features, such as curbs, gutters, sidewalks, curb or sidewalk drain outlets, driveways, misc. concrete, pavement,striping, fences,surface utilities, trees, signs,street lights and signals will be included.
 Location of all surfaces evident street monumentation within the mapping corridor (for preservation and Record R/W purposes).
 ADA level survey of the four curb returns/ramps identified on the preliminary plan for upgrade.  Provide a finish drafted topographic survey for each area of work, per NCE CAD drafting standards.  Provide Triangular Irregular Network (TIN) surface for each street section.

Based upon a combination of record data and any monuments collected during topographic surveying, oursurveyor will calculate the record data location of the existing right‐of‐way for the mapping corridor. Additionally, our surveyor will calculate and show the location of each adjoining parcel lot line from record data (assessor’s parcel data, record mapping and apparent lines of occupation). It should be noted this property line data will not be based upon a field survey and should be considered approximate only.

Task Deliverables: Topographic survey results.
3C) 60% PS&E:

NCE will prepare the 60% PS&E for the planned surface seal street sections with driveway and sidewalk improvements. The 60% plans for subject street sections will incorporate typical design elements including layout plans for street sections, pavement treatments, right‐of‐way parcel lines, wedge grinds, conform grind locations at intersecting side streets, typical cross‐sections, curb and gutter repairs, gutter flow line for drainage repairs, curb ramp replacement and details and limits of work. Additionally, a table summarizing major work items (e.g. surface seal area, base repair area, etc.) and their estimated quantities will be developed and included on the respective plan sheets. We find that this information is particularly useful to contractors when assembling construction bids

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Packet Pg. 130 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
Page | 7
and schedules, thus resulting in more competitive bids, and to the City for verifying pay quantities during construction.

NCE understands that the City will provide the “Front End” documents and Special Provisions. The technical specifications will be prepared in MS Word format and will follow the City’s formatting conventions. The technical specifications and details will reference Greenbook Standards, the City’s standard provisions and Caltrans 2018 Standards (including subsequent updates). NCE will, however, recommend deviating from Caltrans standards where, from our experience, such changes will improve the likelihood of achieving a successful construction project without compromising the integrity of the design. NCE recognizes the value of incorporating Caltrans Standard Specifications in projects such as these, both because these specifications have been developed by an agency that designs and builds a vast amount of highway work, and because most contractors performing public works construction in Northern California are familiar with them. Caltrans, however, has the resources to administer projects quite differently than most local agencies,so NCE advocates modifying the Caltrans Standard Specifications to better fit the abilities, needs, and budgets of municipal agencies.

NCE also believes that an efficient yet thorough Quality Control/Quality Assurance program is essential for getting the maximum value out of every dollarspent on construction. Projects designed by NCE therefore, contain technical specificationsthat attempt to optimize the balance between using rigid, but time‐tested,specifications and meeting local agency needs, with the ultimate goal of obtaining the very best value for its clients.

The Engineer’s Cost Estimate will be prepared in MS Excel format and will be based on the most recent construction cost data available to NCE for projects of this type. Because of NCE’s involvement in the design and construction of numerous similar projects throughout California, we are confident in our ability to estimate the construction cost of the City’s project. This initial estimate will then be updated and refined as the design effort progresses.

It is assumed that the City will require a 5 to 10‐day review/comment period once the 60% PS&E package is submitted.

Deliverables: One reproducible copy of 60% plans, technical specifications, and engineer’s estimate. 3D) 90% PS&E:

The 60% PS&E will be revised to incorporate commentsreceived from the City. NCE will meet with the City to review these comments, from which the 90% PS&E will be prepared. NCE will provide a response to each comment that is included in a comment table provided by the City. The 90% PS&E will include additional design information and details typically expected at this stage of completion. The 90% PS&E will then be packaged and submitted similar to the 60% PS&E unless directed otherwise.

The technical specifications will be further refined and at this stage of the design. We will review and comment on the City’s Front End documents (bid and contract forms, General Provisions, Special Provisions, etc.), which the City will prepare and provide. The Engineer’s Cost Estimate will also be updated to reflect the revised quantities of work depicted on the plans.

It is assumed that the City will require a 5‐day review/comment period once the 90% PS&E package is submitted.

Deliverables: One reproducible copy of 90% plans, technical specifications, and engineer’s estimate. 3E) Final (100%) PS&E:

The 90% PS&E will be revised to incorporate comments received from the City. NCE will again meet with the City to review these comments, from which the final (100%) PS&E will be prepared. NCE will provide a response to each comment that is included in a comment table provided by the City. The final (100%) PS&E will include all notes and details necessary for construction. One reproducible copy of the final (100%) PS&E will then be packaged and

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Packet Pg. 131 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
Page | 8
submitted similar to the 90% PS&E unless directed otherwise. It is assumed that the City will require a 5‐day review/comment period once the final (100%) PS&E package is submitted.

Upon receipt of the City’s final review comments, the project documents will be finalized for bidding purposes.

A final quantity calculation will be tabulated, and this will be entered into the final Engineer’s Cost Estimate for the project. All final documents will be reviewed, stamped and signed by NCE’s registered civil engineer, and the final PS&E will be delivered to the City in both hard copy and electronic formats.

Deliverables: One wet‐signed and one electronic file of the final plans, technical specifications, and engineer’s estimate. The electronic files for the final construction plans, specifications, and engineer’s estimate will be in AutoCAD, Microsoft Word, and Microsoft Excel, respectively.

Task 4 – E‐76 for Construction
4A) Environmental (NEPA) Clearance and Field Review
NCE will prepare and submit the request for a Field Review by Caltrans District 4. Following the field review, Caltrans determines the environmental studies required to achieve NEPA clearance. Based on our experience and preliminary review of the environment and resources near the proposed project area, we have included in this scope and fee the technical studies which we anticipate will be required by Caltrans. However should Caltrans require a NEPA document other than a categorical exclusion, or additional technical studies other than those listed in the deliverables below, NCE can provide these services for an additional scope and fee. To complete Environmental (NEPA) Clearance and Field Review NCE will complete the below deliverables.

Deliverables:

1. Meeting Summary of Field Review meeting lasting up to two (2) hours

2. Preliminary Environmental Study (PES) Section A (Exhibit 6‐A in the Local Assistance Procedures Manual)‐NCE will coordinate with City

3. Field Review Form (Exhibit 7‐B)

4. Roadway Data Sheets (Exhibit 7‐C)

5. Federal Emergency Management Agency (FEMA) Floodplain Maps (i.e., Firmettes)

6. U.S. Fish and Wildlife Service (USFWS) Species List by Quad

7. A Visual Resource Assessment Questionnaire

8. Geotracker Hazardous Waste Information

9. Equipment Staging Technical Memo

10. Water Quality Technical Memo

11. Hazardous Materials Technical Memo

12. Right of Way Information Technical Memo

13. Traffic Technical Memo

14. Location Hydraulic Study and Summary Floodplain Encroachment Report Technical Memo

15. Summary Floodplain Encroachment Report

16. Location Hydraulic Study
4B) Right‐of‐Way Certification
NCE will complete the right‐of‐way (ROW) Long Form (Exhibit 13‐B) and submit to Caltrans for their review and ROW Certification number. Based on NCE’s understanding of the proposed project, tasks that relate to ROW certification include utility cover adjustments. NCE also anticipates that the project will be completed within the City’s ROW and will not require a permission to construct from property owner(s), or easements or ROW acquisition.

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Packet Pg. 132 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
Page | 9
If in fact easements or ROW acquisition will be necessary, NCE can provide these services for an additional scope and fee. NCE will complete the below exhibits for the City to provide to utility owners and to Caltrans to facilitate ROW Certification:

Deliverables:

1. Right of Way Certification (Exhibit 13‐B)‐NCE will coordinate with City

2. FHWA Specific Authorization/Approval of Utility Agreement (Exhibit 14‐C)

3. Notice to Owner(s) for all affected Utilities (Exhibit 14‐D)

4. Local Agency/Utility Owner Special Agreement (Exhibit 14‐I) 4C) Request for Authorization to Proceed with Construction NCE will prepare the Request for Authorization to Proceed with Construction (Caltrans E‐76 package) forsubmission to Caltrans. NEPA and ROW Clearance from Caltrans are required before submitting the final Request for Authorization to Proceed with Construction. NCE will complete the following documents for the E‐76 package to be submitted to Caltrans:

Deliverables:

1. Copy of FTIP/FSTIP Project Detail Report

2. Request for Authorization to Proceed with Construction (Exhibit 3‐A)‐NCE will coordinate with City

3. Completed Finance Letter (Exhibit 3‐O)‐NCE will coordinate with City

4. Finalized PES Form (Exhibit 6‐A)

5. Civil Rights and Disadvantaged Business Enterprise Agreements (Exhibit 9A‐9D)

6. Preliminary Estimate of Cost (Exhibit 12‐A) or equivalent

7. PS&E Checklist (Exhibit 12‐D)

8. Local Agency Construction Contract Checklist (Exhibit 15‐A) Task 5 – As Needed Professional Services (Optional)
NCE will assist the City with as needed professional services that may include surveying additional curb ramps if needed, marking base repairs with the contractor during construction, advising the City during construction regarding pavement treatments, and other items that may come up during the course of design and construction.

SCHEDULE
NCE will provide a detailed design schedule to achieve delivery of construction documents for bidding in Spring 2024 once we have a notice to proceed and agreement on the revised scope of work. We will discuss further the level of effort and time to complete construction documents given the scope of work.

FEE ESTIMATE
NCE will provide the defined scope of work for a not to exceed fee of $120,700 and $128,200 with optional Task 4 in accordance with the attached schedule of charges. Further cost detail is provided in the attached fee estimate.

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Packet Pg. 133 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park

SHARP PARK IMPROVEMENTS PROJECT STREET LIST

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Packet Pg. 134 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park City of Pacifica
Sharp Park Improvement Project Street List
Street ID
Section
ID
Street Name From To Ln
F
C
Length
(ft)
Widt
h
(ft)
Area
(sf)
2022
PCI
Treatment
PALOMA 2425A Paloma Avenue - 2425 PALMETTO AVE BEACH BLVD 2 R 592 30 17,760 34 Surface Seal PALOMA 2425B Paloma Avenue - 2425 PALMETTO AVE FRANCISCO BLVD 2 R 565 33 18,645 58 Surface Seal CARMEL 2110A Carmel Avenue - 2110 BEACH BLVD PALMETTO AVE 2 R 577 29 16,733 70 Surface Seal CARMEL 2110B Carmel Avenue - 2110 PALMETTO AVE FRANCISCO BLVD 2 R 518 24 12,432 15 Surface Seal SANTAM 2490A Santa Maria Avenue - 2490 PALMETTO AVE BEACH BLVD 2 R 583 29 16,907 63 Surface Seal SANTAM 2490B Santa Maria Avenue - 2490 FRANCISCO BLVD PALMETTO AVE 2 R 519 25 12,975 12 Surface Seal 1 April 2023

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Packet Pg. 135 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE ATTACHMENT “
B”

COMPENSATION

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Packet Pg. 136 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park

FEE ESTIMATE

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Packet Pg. 137 Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park Task Description Principal
Project
Manager
Senior
Engineer
Project
Engineer
Staff
Engineer Clerical
Labor
Expenses
Topographic
Surveying
Reimbursable
Expenses Total Cost
Rate $310 $245 $205 $180 $155 $105

1. Project Management & Meetings
1A. Project Kick-off and Progress Meetings 2 8 8 4 2 5,050 $ 5,100 $ Sub-Total 2 8 8 0 4 2 5,050 $ - $ - $ 5,100 $

2. Pavement Design
2A. Pavement and C&G Condition Survey 2 10 8 1 3,635 $ 600 $ 4,200 $ 2C. Pavement Design Recommendation 4 4 2 8 1 4,175 $ 100 $ 4,300 $ Sub-Total 4 6 2 18 8 2 7,810 $ - $ 700 $ 8,500 $

3. Plans, Specifications & Estimates (PS&E)
3A. Design Data Gathering 2 4 16 1 3,795 $ 200 $ 4,000 $ 3B. Topographic Surveying 2 4 1 1,415 $ 28,710 $ 100 $ 30,200 $ 3C. 60% PS&E 8 12 50 140 1 37,475 $ 100 $ 37,600 $ 3D. 90% PS&E 4 6 24 80 1 20,135 $ 100 $ 20,200 $
3E. Final (100%) PS&E 4 4 12 64 2 14,810 $ 300 $ 15,100 $ Sub-Total 16 26 90 4 300 6 77,630 $ 28,710 $ 800 $ 107,100 $

4. E-76 for Construction
4A. Environmental (NEPA) Clearance and Field Review 1 4 50 1 $ 10,170 $ 200 $ 10,400 4B. Right-of-Way Certification 1 3 32 1 $ 6,725 $ 200 $ 6,900 4C. Request for Authorization to Proceed with Construction 2 3 50 1 $ 10,210 $ 100 $ 10,300 Sub-Total 0 4 10 132 0 3 27,105 $ - $ 500 $ 27,600 $
Total 22 44 110 154 312 13 117,595 $ 28,710 $ 2,000 $ 148,300 $

4. Optional Task

4. As Needed Professional Services 2 8 16 16 7,490 $ - $ 7,500 $ Sub-Total 0 2 8 16 16 0 7,490 $ - $ - $ 7,500 $
Total with Optional Task 22 46 118 170 328 13 125,085 $ 28,710 $ 2,000 $ 155,800 $ City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Fee Estimate
April 5, 2023
Labor Hours

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Attachment: Attachment 1_Master Agreement and Task Order No. 1 between the City of Pacifica and NCE [Revision 1] (5332 : Sharp Park

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/24/2023
1 SUBJECT:

Introduction of an Ordinance to approve Rezoning RZ-205-20 to rezone from the R-1 (SingleFamily Residential) zoning district to the P-D (Planned-Development) zoning district, and to approve Development Plan DP-81-20 pursuant to the P-D zoning requirements; and introduction of an Ordinance to approve Development Agreement DA-3-20 that would, among other things, include ongoing use of the existing ballfields as a public recreational facility subject to certain limitations, which approvals would authorize the construction of seven multi-family residential buildings with a total of 70 residential housing units (including 11 housing units affordable at below-market rate, or BMR, rents), residential amenity buildings, off-street parking and circulation improvements, open space and landscaping, and recreational fields and amenities, at the former Oddstad Elementary School located at 930 Oddstad Boulevard (APN 023-672-600) (File No. 2020-009). The Planning Commission recommended approval of the Rezoning, Development Plan, and Development Agreement, and approved Specific Plan SP173-20, Subdivision SUB-248-20, and Heritage Tree Removal Authorization, by a vote of 6-0 on March 20, 2023, subject to City Council approval of the Rezoning, Development Plan and Development Agreement. Recommended California Environmental Quality Act (CEQA) action:

Adoption of a Resolution to certify a final environmental impact report (EIR), including Findings of Fact and a Statement of Overriding Considerations, due to significant and unavoidable environmental impacts that would result from approval and construction of the project.

RECOMMENDED ACTION:
(1) Move to adopt a Resolution to certify the Final Environmental Impact Report, adopt the Mitigation Monitoring and Reporting Program, make the required findings and approve the Statement of Overriding Considerations; and,
(2) Introduce, waive the first reading, and read by title only, an Ordinance entitled “An Ordinance of the City Council of the City of Pacifica approving Rezoning RZ-205-20 and Development Plan DP-81-20 to establish a Planned Development (P-D) zoning district with development plan for the Pacifica School District workforce housing project to construct 70 residential units at 930 Oddstad Boulevard (APN 023-672-600) (File No. 2020-009)”; and (3) Introduce, waive the first reading, and read by title only, an Ordinance entitled “An Ordinance of the City Council of the City of Pacifica approving Development Agreement DA3-20 to establish a development agreement between the Pacifica School District and City of Pacifica to provide certain public and private benefits in conjunction with a development project at 930 Oddstad Boulevard (APN 023-672-600) (File No. 2020-009).” STAFF CONTACT:

Christian Murdock, AICP, Planning Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:

1. Overview
The Pacifica School District (PSD) has submitted a development permit application and request 5 Packet Pg. 139
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for certain legislative approvals to allow demolition of the former Oddstad School and construction of an 81,208-square foot (sf) residential development with 70 total units distributed over seven residential buildings. At least 45 of the units would be workforce housing for PSD employees or employees of another qualifying government agency. In addition the project would construct 11 below-market rate (BMR) units consistent with the City’s inclusionary zoning requirements. The project would also include a residents commons, property management office, and a public restroom/changing room on the 325,479-sf (7.47-acre) site. The project would include minor improvements to drainage and turf conditions at the adjacent ballfields with continued public access guaranteed during the term of a proposed development agreement, subject to certain limitations. Additional details related to the proposed project can be found in the Planning Commission agenda packet included as Attachment D. The Planning Commission meeting minutes from March 20 are included as Attachment E.

The Planning Commission conducted a public hearing on March 20, 2023, to consider the project. Following the public hearing, the Planning Commission adopted Resolution No. 2023- 006 (Attachment F) by a vote of 6-0 with one absence to take the following actions:

A. Certify a final environmental impact report (EIR) including findings of fact and a statement of overriding considerations due to significant and unavoidable environmental impacts that would result from the project.

B. Approve Specific Plan SP-173-20, Vesting Tentative Subdivision Map SUB-248-20, and Heritage Tree Removal Authorization (“Development Permits”).

C. Recommend City Council approval of Development Agreement DA-3-20, Rezoning RZ205-20, and Development Plan DP-81-20 (“Legislative Approvals”) The approval of the Development Permits included conditions of approval prepared by staff, and additional conditions imposed by the Planning Commission to enhance the façade of Building C2, to ensure a sufficient emergency vehicle access easement (EVAE) on the project site, and to incorporate standing seam metal roofs on the community amenity buildings. The Planning Commission also made a minor revision to the development agreement to incorporate a prior agreement between the City and Pacifica School District to construct all below-market rate (BMR) housing units in Phase 1 of the project (this provision was inadvertently omitted in the draft development agreement presented to the Planning Commission). Additional Commission edits to the final EIR appear in a later section of this report.

The Planning Commission’s action to approve the Development Permits is now final because no appeal was filed. However, the Planning Commission action is contingent on City Council approval of the Legislative Approvals. Consideration of the Legislative Approvals and the project EIR is the subject of this agenda item.

2. Required Legislative Approvals
The project requires approval of three legislative approvals, each described more fully in the following sections.

A. Rezoning RZ-205-20 to rezone the project site to the P-D (Planned Development) Zoning District
The project site is currently zoned R-1 (Single-Family Residential). The R-1 zoning district allows one single-family dwelling unit per lot (minimum 5,000 sf lot area). The Planning Commission has recommended rezoning of the project site to the P-D zoning district to allow for more flexible development standards for a multi-family housing project. The rezoning to P-D would allow more than one dwelling unit per lot which is necessary to enable the multi-family housing project. Rezoning to P-D would also allow the City Council to precisely control the 5 Packet Pg. 140
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allowable uses on the project site in a way that is not possible with the current R-1 zoning district’s list of allowable uses.

The General Plan designates the project site as “Low Density Residential.” The Low Density Residential (LDR) land use designation provides for development of three to nine dwelling units per gross acre. The LDR land use designation regulates use and density only, and not a specific housing type. The zoning applicable to a site further defines the allowable housing types and the LDR is most often associated with the R-1 zoning district in Pacifica. The density of the proposed development, nine dwelling units per gross acre, is within the allowable density range for the LDR land use designation.1
The City Council is not bound by specific findings when considering whether to approve a rezoning. The City Council may base its action on factors pertaining to general health, safety, and welfare of the community, as well as other relevant factors such as neighborhood narratives, policies, and programs in the existing General Plan. The City Council may also consider the Planning Commission’s recommendation, which in this specific case was to approve the rezoning. The Planning Commission’s recommendation is described in greater detail below.

B. Development Plan DP-81-20 to authorize land uses on the project site Each P-D zoning district must include a development plan to specify the allowable uses therein.

In essence, the development plan is the site-specific zoning approval for a P-D site. The proposed development plan would authorize construction of 70 multi-family dwelling units on the project site with associated improvements including off-street parking areas. It would also authorize a park to operate on the existing ballfields at the southern portion of the project site.

Land uses surrounding the project site consist of single-family residential uses to the north, west and south. Frontierland Park is located to the east. To the project’s immediate south is a facility with youth programming operated by the Boys & Girls Club. Figure 1 provides an aerial view of the site and surrounding uses. The density and intensity of residential development on the project site would be consistent with surrounding single-family residential areas in terms of LDR density.
1 The density of the proposed development is rounded down to 9 from 9.3. The method for rounding down is consistent with PMC Section 9-4.2312 – Rounding of numbers in calculating density. Fractional numbers from 0.1 through 0.4 for density calculations shall be rounded down to the next whole number. 5 Packet Pg. 141
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Figure 1: Subject Site.

Pursuant to Pacifica Municipal Code (PMC) Section 9-4.2204, development regulations for a PD zoning district shall be guided by the regulations of the zoning district most similar in nature and function to the proposed P-D zoning district use. The City’s residential zoning standards are primarily based on building type, with R-1 zoning allowing single-family residences, R-2 (TwoFamily Residential) allowing two-unit buildings (e.g., duplexes), and R-3 (Multiple-Family Residential) allowing three or more residential units in the same building. Therefore, for purposes of the development regulations for the proposed P-D zoning district, the R-3 zoning district’s development standards are the most similar in nature and function to the proposed project because they are designed to allow development of multi-family residential uses such as the multi-unit buildings proposed with the project.

The City Council must make the findings provided in PMC Section 9-4.2206 in order to approve a development plan. The City Council may also consider the Planning Commission’s recommendation, which in this specific case was to approve the development plan. The Planning Commission’s recommendation is described in greater detail below.

C. Development Agreement DA-3-20 to provide for public and private benefits as part of the project
The City’s Development Agreement Procedure Ordinance (PMC Title 9, Chapter 4, Article 50) authorizes the City Council to approve a development agreement to encourage private participation in comprehensive planning, and to reduce the economic costs of development.

The applicant has proposed a development agreement to establish certain developer benefits and public benefits. These include, but are not limited to, developer benefits including vested rights to proceed with development under the City’s current land use regulations, which development must be completed within 15 years, subject to force majeure delay. Public benefits include, but are not limited to, public use of the 4.9-acre ballfields for at least 25 years, 5 Packet Pg. 142
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field improvements (drainage improvements, parking lot sealing and striping, basketball hoop installation), construction of a public building with restrooms and changing rooms, ongoing maintenance of the fields and facilities by the applicant for at least 20 years, and City right of ongoing use of 1.4 acres of the 4.9-acre fields or a first right of offer to purchase an ownership interest in 1.4 acres of the 4.9-acre fields after 20 years.

The City Council must consider the factors provided in PMC Section 9-4.5007 in order to approve a development agreement. The City Council may also consider the Planning Commission’s recommendation, which in this specific case was to approve the development agreement. The Planning Commission’s recommendation is described in greater detail below.

3. Planning Commission Recommendation to Approve the Legislative Approvals The Planning Commission recommended City Council approval of the Legislative Approvals on March 20, 2023. The following sections refer to the Planning Commission’s recommendation in relation to the required findings and/or relevant considerations for approval of each Legislative Approval.

A. Rezoning RZ-205-20 to rezone the project site to the P-D (Planned Development) Zoning District
The Planning Commission’s recommendation to approve Rezoning RZ-205-20 is set forth in full beginning on p. 4 of Planning Commission Resolution No. 2023-006 (Attachment F). The recommendation is based on factors related to General Plan consistency, suitability for development of the existing lot, and compatibility of the proposed project with the surrounding neighborhood and existing zoning.

B. Development Plan DP-81-20 to authorize land uses on the project site The Planning Commission made the following findings, as required by Pacifica Municipal Code section 9-4.2206 and fully set forth in beginning on p. 6 of Planning Commission Resolution No. 2023-006 (Attachment F), to recommend City Council approval of Development Plan DP-81-20:
i. The proposed P-D District can be substantially completed within the time schedule submitted by the applicant;
ii. Each unit of the development, as well as the total development, can exist as an independent development capable of creating an environment of sustained desirability and stability or adequate assurance that such objective will be attained;
iii. The land uses proposed will not be detrimental to the present or potential surrounding uses but will have a beneficial effect which would not be achieved through other districts;
iv. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P-D District; v. Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities for the area; vi. The area surrounding the development can be planned and zoned in 5 Packet Pg. 143
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coordination and substantial compatibility with the proposed development, and the P-D District uses proposed are in conformance with the General Plan and, where applicable, the Local Coastal Plan, or that changes in the General Plan or Local Coastal Plan are justified;
vii. The project is consistent with the City's adopted Design Guidelines; and viii. The project is consistent with the City's General Plan and, if applicable, Local Coastal Plan.

C. Development Agreement DA-3-20 to provide for public and private benefits as part of the project
Section 9-4.5007 of the PMC states that the City Council shall give consideration to the following factors when reviewing a development agreement, which factors were reviewed and considered in the Planning Commission’s recommendation, and fully set forth beginning on p. 13 of Planning Commission Resolution No. 2023-006 (Attachment F):
i. Other pending applications and approved projects.
ii. The traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the community. iii. Ability of the applicant to address public facility needs and financing obligations. iv. The relationship of the project to the City's growth management program. v. The provisions included, if any, for reservation, dedication, or improvement of land for public purposes or accessibility to the public. vi. The type and magnitude of the project's economic effects to the City of Pacifica, and of its contribution, if any, toward meeting the City's housing needs, including affordable housing.
vii. Any other comparable, relevant factor or factors.

4. City Council’s Role
The Planning Commission has reviewed and approved the Development Permits required for construction of the proposed project. Because no appeal was filed to challenge the Planning Commission’s action, approval of the Development Permits is final, contingent on City Council approval of the Legislative Approvals, which include a proposed rezoning, development plan, and development agreement. The Planning Commission has recommended approval of the Legislative Approvals.

The City Council in its capacity as the legislative body of the City and in the exercise of its police power under the California Constitution is required to approve legislative actions on behalf of the City. Except where specified in the Pacifica Municipal Code, the City Council is not bound by specific findings when approving legislative items, and may consider all information relevant to the public health, safety, and welfare of persons within the City.

Staff recommends City Council approval of the Legislative Actions based on the findings set forth in the attached Ordinances, which findings were made by the Planning Commission. 5 Packet Pg. 144
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5. California Environmental Quality Act (CEQA) Review
The City Council must comply with the California Environmental Quality Act (CEQA) prior to any action to approve the Legislative Approvals. Compliance with CEQA requires the identification of potential significant impacts on the environment and identification of measures to mitigate any such effects.

The City, as the lead agency for CEQA compliance for the proposed project, has prepared an environmental impact report (EIR). The City published the Notice of Preparation for the EIR on October 22, 2021, and held a Scoping Meeting on November 4, 2021. On November 23, 2022, the City issued a Notice of Availability of the Draft EIR (DEIR). Publication of the Notice of Availability began a forty-five (45) day public review period, concluding January 9, 2023. During this period, the DEIR was available for review and comment to the community, local, State, federal agencies, and interested organizations. The DEIR is included as Attachment G and is available at: https://www.cityofpacifica.org/departments/planning/environmental-documents.

CEQA Guidelines Appendix G sets forth a set of questions to guide evaluation of potential environmental impacts across a variety of resource areas. The DEIR found that all impacts would be mitigated to a less-than-significant level with implementation of the recommended mitigation measures, with the exception of Transportation and Traffic, specifically Vehicle Miles Traveled, which would remain a significant and unavoidable impact. Mitigation measures were still applied to this resource area to reduce the impacts as much as possible, as required by CEQA.

Resource areas requiring mitigation measures to reduce impacts to less-than-significant include Aesthetics, Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Noise, and Transportation, as shown in Table 1 below. Resource areas listed as less-than-significant or no impact do not require mitigation. Resource areas requiring mitigation are noted below.

TABLE 1: Resource Area Impact Summary
Less-than-Significant or No
Impact
Less-than-Significant
Impact with Mitigation
Significant and
Unavoidable Impact
Agricultural and Forestry
Resources Aesthetics Transportation
Energy Air Quality
Hydrology and Water Quality Biological Resources
Land Use Cultural and Tribal Cultural
Resources
Mineral Resources Geology and Soils
Population and Housing Greenhouse Gas Emissions
Public Services Hazards and Hazardous
Materials
Recreation Noise
Wildfire
The PSD intends to lease all 70 units to School District employees if sufficient demand exists among its employees. For the purposes of the CEQA analysis, the City conservatively assumed the 70-unit workforce housing project would consist of 25 market rate units and 45 workforce units. Of the 45 workforce housing units, 44 were assumed to be leased to School District employees, and one below market rate unit leased to an on-site property manager. While it is the School District’s goal to lease all 70 units to School District employees, the School District’s financing strategy includes the possibility of leasing units to market rate tenants to subsidize the 5 Packet Pg. 145
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workforce housing units. To evaluate the highest possible degree of impact, the 45 workforce housing – 25 market rate scenario was studied, which included an assumption that occupants of the 25 market rate units may travel daily to employment outside of Pacifica, resulting in higher vehicle miles traveled, whereas at least one of the workforce housing occupants would have lesser vehicle miles traveled to school sites within Pacifica. This is further described below under Significant and Unavoidable Impact.

Significant and Unavoidable Impact:

Transportation and Traffic
The EIR determined there would be a significant unavoidable impact for traffic and transportation specifically related to vehicle miles traveled (VMT). VMT is a measure for how much an individual or household drives a private vehicle. The usage of VMT in environmental analysis aligns with the State’s goals to reduce greenhouse gas (GHG) emissions by reducing the number of miles driven by individual persons.

As described above, the project proposes 45 workforce housing units, 44 of which will be leased to PSD employees, and one of which will be leased to an on-site property manager. The remaining 25 units will be leased to market rate tenants. The traffic analysis assumes each unit will be occupied by two driving-age tenants for a total driving population of 140 tenants for the purposes of calculating VMT.

The Traffic Analysis categorized occupants as:
• PSD Employees in School District-restricted units
• Non-PSD Employees in School District-restricted units • Market rate tenants
• On-site property manager
A VMT per capita value was assigned to each category. The VMT per capita for the project was estimated to be 14.69. The existing citywide VMT per capita is 15.81, so the average for the project would need to be 13.44 to meet the threshold of 15 percent below the existing citywide average. Since VMT of 14.69 exceeds the 13.44 VMT threshold, the VMT impacts of the project were determined to be significant.

Mitigation measures include implementing the following Transportation Demand Management strategies:
f. Safe Routes to School. Pursue grants to fund pedestrian and bicycle improvements around PSD schools to increase safety for students and staff walking and bicycling. g. Install Bike Racks. Identify PSD schools where more bicycle racks are needed. Once identified, install as needed.
h. Install E-bike Charging Stations. Install e-bike charging systems in secure bike parking facilities at PSD schools.
i. Install Electric Vehicle Charging Stations. To encourage and support electric vehicle ownership by project residents, install EV charging stations at PSD schools. j. Samtrans Flex Services. Continue to partner with Samtrans to establish fixed-route services to PSD schools. Coordinate with Samtrans on possible flex services (such as dial-a-ride) to serve schools with lower demand.
k. Shuttle Services. Partner with the Jefferson Union School District to fund shuttle services to Pacifica schools.

Less than Significant Impacts with Mitigation. The impacts identified under the following resource areas have mitigations which are further detailed in the Mitigation Monitoring and 5 Packet Pg. 146
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Reporting Program for the 930 Oddstad Boulevard project. Sections of the DEIR are identified for each resource area to obtain more information.

Aesthetics (Section 4.1)
The project would implement mitigation measures to avoid impacts to aesthetics relating to degrading the visual character or quality of public views of the site and its surroundings nor would the project conflict with the applicable zoning and other regulations governing scenic quality. The mitigation requires compliance with tree protection measures identified in the Arborist Report as well as recommended replacement trees identified in the Tree Replacement Memo which will help ensure protection of the quality of public views of the site and its surroundings. Compliance with applicable Design Guidelines and implementation of the tree protection measures and usage of recommended replacement trees would ensure that development of the proposed project would not degrade the visual quality or character of the area and potential impacts would be less than significant.

Air Quality (Section 4.2)
The project would implement mitigation measures to avoid impacts to air quality relating to construction dust and emissions from construction equipment. Construction activities, particularly during demolition, site preparation, operation of heavy equipment, delivery of materials, worker travel, and grading, would temporarily generate fugitive dust. The Bay Area Air Quality Management District (BAAQMD) CEQA Air Quality Guidelines consider these impacts to be less than significant if best management practices, such as watering exposed surfaces, covering loose materials in haul trucks, and limiting vehicle speeds on unpaved surfaces, are implemented to reduce the emissions. Additionally, to reduce diesel particulate matter emissions, the use of heavy equipment larger than 50 horsepower should be limited or when possible electric-powered equipment should be used when possible.

Biological Resources (Section 4.3)
The project would implement mitigation measures to avoid impacts to dusky-footed woodrats, the obscure bumble bee, red-legged frogs, bats, nesting migratory birds, and seasonal wetlands that were created due to a damaged concrete drainage ditch. The mitigation measures include creating non-disturbance buffers around active nesting sites or middens, consulting with qualified biologists for possible relocation of certain species, and planting foraging habitat for obscure bumble bees such as California native flower plants. For seasonal wetlands, best management practices should be implemented prior to earthwork. This includes construction exclusion zones to protect native wetland plants or a split rail fence along the boundary between the recreational field, seasonal wetland, and concrete drainage. Where native plants are removed, altered or destroyed, native plants shall be planted at a 1:1 replacement ratio. With incorporation of these measures, the project would result in a less than significant impacts to dusky-footed woodrats, obscure bumble bees, red-legged frogs, bats, nesting migratory birds and seasonal wetlands.

Cultural Resources (Section 4.4)
Ground disturbing activities associated with project construction could disturb previously unrecorded archaeological resources or human remains due to ground disturbance associated with construction activities. Mitigation measures will be implemented to avoid or reduce impacts due to inadvertent discovery of archaeological resources, archaeological resources and/or human remains that may be present on the site, which includes work stoppage and tribal consultation if resources are discovered. These measures would reduce potential impacts to unrecorded archaeological resources at the site by identifying them prior to construction and developing alternative project designs, or treatment plans to avoid or minimize impacts to resources.

Geology and Soils (Section 4.5)
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As with the larger San Francisco Bay Area, the project site is in a region of high seismicity.

Additionally, the existing soil conditions, including 35 feet of fill underlying the site, have the potential for geologic and soil instability. The seismicity and geologic and soil instability could be mitigated through the implementation of geotechnical recommendations in the project design.

The demolition and grading activity which could result in soil erosion or loss of top soil could be mitigated by compliance with the City’s stormwater control measures and the San Mateo Countywide Water Pollution Prevention Program. While the preliminary geotechnical report determined the project site to be geotechnically and geologically feasible for future development, the project site would still be subject to risks associated with local soils. A mitigation measure requiring a construction level geotechnical evaluation will be required and all standards and recommended engineering measures to mitigate for liquefaction, expansive soils and other local soil constraints must be incorporated into the project.

There are no major or unique paleontological resources known to exist in the city, and the likelihood of encountering unique paleontological resources is low. However, development of the project could result in the discovery and disturbance of previously unknown or undiscovered paleontological resources. To reduce this potential impact to unique paleontological resources to a less-than-significant level, if during construction activities any discovery is made, ground disturbing activities shall halt, and the applicant shall retain a qualified paleontologist to evaluate the discovery and make recommendations.

Greenhouse Gas Emissions (Section 4.6)
GHG emissions associated with construction of the project would be less than significant through the preparation and implementation of a GHG reduction plan that uses at least 10 percent local building materials and reuses and recycles at least 50 percent of construction waste or demolition material.

Hazards and Hazardous Waste (Section 4.7)
Based on the age of the school building and shed, there is a potential for asbestos and leadbased paint exposure during construction activities, such as demolition of the existing structures. However, the proposed project would be required to comply with all applicable federal, state, and local regulations during construction and disposal of contaminated materials.

Performing a survey to identify asbestos-containing materials and lead based paint and incorporating findings into a report that includes appropriate removal and disposal protocols if such materials are found, would result in a less than significant impact.

Noise (Section 4.10)
Noise from project construction and noise from project operation would be reduced to a less than significant impact with implementation of a mitigation measure requiring best management practices, but not limited to, the following: limiting construction hours, employing newer construction equipment with state-of-the-art noise shielding and muffling devises, staging noisegenerating equipment as far as possible from noise-sensitive receptors, substituting nail guns for manual hammering where feasible, notifying adjacent residences early and frequently of construction activities, and utilizing a noise disturbance coordinator.

Transportation and Circulation (Section 4.13)
The project would implement mitigation measures to avoid impacts to site lines such as maintaining low-lying shrubs and removing branches less than seven feet in height from the ground level at locations close to driveways and prohibiting parking south of the project driveway along Oddstad Boulevard for a distance of at least 30 feet.

Public Comment on the Draft EIR
One public comment letter was received (Attachment H) which centered on traffic around 5 Packet Pg. 148
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Oddstad Boulevard from tenants leaving the project site. No comments were received from public agencies. All comments were responded to in the Final EIR (FEIR) discussed below and clarifying text revisions were made where necessary.

Final EIR
Following the conclusion of the public comment period, the City prepared a FEIR in accordance with Section 15132 of the CEQA Guidelines. The FEIR was published on March 15, 2023. The FEIR is included as Attachment I and is available at:
https://www.cityofpacifica.org/departments/planning/environmental-documents.

The FEIR includes the Mitigation Monitoring and Reporting Program (MMRP) that describes mitigation measures to reduce potentially significant environmental impacts to less than significant levels where possible. The Planning Commission made minor edits to the MMRP that are included in the attachment to this staff report in redline to demonstrate where changes were made2. The changes to the MMRP to clarify the responsible party and period of the rainy season for two biological resources mitigation measures did not change the conclusions in the final EIR or introduce significant new information, and merely amplified and clarified the conclusions already contained in the final EIR.

CEQA Findings of Fact and Statement of Overriding Considerations When there are significant and unavoidable environmental impacts associated with a project that cannot be mitigated to less than significant levels, CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental impacts when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable and the lead agency may still approve the project.

The City is required to state the specific reasons to support its action based on the FEIR or other information in the record in a document is called a “Findings of Fact and Statement of Overriding Considerations” which is included in Attachment J. The Statement of Overriding Considerations found that multiple project benefits, including but not limited to the removal of aging facilities and site improvements, parkland access for the public, enhanced recruitment and retention of teachers and other staff by the Pacifica School District, construction of belowmarket rate (BMR) housing, and construction of housing generally to make progress towards the City’s Regional Housing Needs Assessment (RHNA) obligations, were cumulatively and individually significant enough to justify approval of the project despite the significant and unavoidable environmental impact identified in the EIR.

Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program (MMRP) identifies 26 mitigation measures related to Aesthetics, Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Noise, Transportation and Traffic. The MMRP is incorporated with the FEIR as indicated above and is included in Attachment I. Implementation of the MMRP will be monitored by City staff to reduce potential impacts of the implementation of the proposed project in accordance with CEQA.

Staff recommends that the City Council certify the FEIR, make the required Findings of Fact, and approve the Statement of Overriding Considerations. 2 Note the FEIR posted on the City’s Environmental Documents page does not include these minor edits to the Mitigation Monitoring and Reporting Program (MMRP) made by the Planning Commission. 5 Packet Pg. 149
Pacifica City Council 12 April 24, 2023

6. Public Comments
Five written public comments were received prior to the Planning Commission public hearing on March 20, 2023 (Attachment K). Verbal comments made at the March 20 Planning Commission public hearing are summarized in the meeting minutes included in Attachment E.

In addition, one written public comment was received during the public comment period on the DEIR as described above.

Additional written public comments received prior to the City Council agenda publication are included in Attachment L.

7. Staff Analysis and Recommendation
The Planning Commission has considered the proposed project, including both the Development Permits and Legislative Approvals. The Planning Commission approved the Development Permits with additional conditions of approval addressing architecture and emergency vehicle access, and recommended City Council approval of the Legislative Approvals with a clarification regarding the timing of BMR unit construction. The Planning Commission also certified the final EIR with minor revisions to the MMRP to clarify its requirements.

Staff recommends that the City Council consider the Planning Commission’s recommendation along with the CEQA information presented in this report, and determine whether sufficient evidence exists to support approval of the Legislative Approvals. Note that without approval of the Legislative Approvals, the Development Permits approved by the Planning Commission will not have force or effect, and the project cannot be constructed or operated.

ALTERNATIVE ACTION:

The Council may deny the requested Legislative Approvals, which would have the effect of denying the overall project including the Development Permits approved by the Planning Commission.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Review of the proposed Resolution and Ordinances is not directly associated with a City Council goal or an item on the City Council’s Work Plan. Serving in a legislative capacity is a routine function of the City Council as part of its normal governance process as established in the Pacifica Municipal Code and in State Law.

FISCAL IMPACT:

No direct fiscal impact. Processing costs for this item are paid by the applicant.

ORIGINATED BY:

Planning Department
ATTACHMENT LIST:

Attachment A - Draft Resolution to Certify Final EIR (DOCX) Attachment B - Draft Ordinance Approving Rezoning and Development Plan (DOCX) Attachment C - Draft Ordinance Approving Development Agreement (DOCX) Attachment D - Planning Commission Agenda Packet - March 20, 2023 (PDF) Attachment E - Planning Commission Minutes - March 20, 2023 (PDF) Attachment F - Planning Commission Resolution No. 2023-006 (PDF) 5 Packet Pg. 150
Pacifica City Council 13 April 24, 2023
Attachment G - Draft EIR (PDF)
Attachment H - Comment letter from DEIR (PDF)
Attachment I - Final EIR (with redline edits by Planning Commission) (PDF) Attachment J - Findings of Fact and Statement of Overriding Considerations (PDF) Attachment K - Public Comments Received After Planning Commission Agenda Publication (PDF)
Attachment L - Public Comments Prior to City Council Agenda Publication(PDF) 5 Packet Pg. 151
1 RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA CERTIFYING A

FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND ADOPTING FINDINGS, A

STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING

AND REPORTING PROGRAM FOR THE PACIFICA SCHOOL DISTRICT WORKFORCE HOUSING PROJECT TO CONSTRUCT 70 RESIDENTIAL UNITS AT 930 ODDSTAD BOULEVARD (APN 023-672-600) (FILE NO. 2020-009)
________________________________________________________________ Initiated by: Pacifica School District (“Applicant”)
WHEREAS, the Pacifica School District (“Applicant”) has submitted an application for construction of a 70-unit residential development including a property management office, residents’ commons building, and public restroom/changing facilities located at 930 Oddstad Boulevard (APN 023- 672-600); removal of three heritage trees; a division of land into three individual lots; a development agreement with certain public and developer benefits, including use of playing fields; a rezoning to change the zoning classification to the P-D Planned Development District; and a Development Plan and a Specific Plan to insure the proper orientation, design character and compatibility of the construction of 70 residential units across seven buildings, a property management office, residents’ commons, and public restroom and changing facility (“Project”); and
WHEREAS, the Project would require City Council approval of Rezoning RZ-205-20 to change the zoning classification of the Project site from R-1 (Single-Family Residential) to P-D (Planned Development) zoning district to allow site specific development standards; upon approval of the proposed Rezoning to the P-D (Planned Development) zoning district, Development Plan DP-81-20 pursuant to Pacifica Municipal Code (“PMC”) Section 9-4.2203 to establish permissible uses and development standards for the Project site; and, Development Agreement DA-3-20 to provide for public and developer benefits resulting from negotiations between the City of Pacifica (“City”) and Applicant (collectively, the “Legislative Approvals”); and
WHEREAS, the Planning Commission of the City of Pacifica adopted Resolution No. 2023-006 recommending City Council approval of the Legislative Approvals on March 20, 2023, and separately certified a final environmental impact report (“EIR”) including a mitigation monitoring and reporting program (MMRP), findings of fact, and statement of overriding considerations and approved certain development permits including Specific Plan-173-20, Vesting Tentative Subdivision Map SUB-248-20, and Heritage Tree Removal Authorization to authorize construction and operation of the Project; and WHEREAS, the City determined that the Project required the preparation of an EIR, pursuant to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”), and the Guidelines for Implementation of the California Environmental Quality Act (Title 14, Sections 15000 et seq. of the California Code of Regulations; “CEQA Guidelines”); and WHEREAS, the City prepared a Draft EIR dated November 2022 to consider, identify and analyze all potential environmental impacts of the proposed Project (State Clearinghouse No. 2021100457), which concluded that the Project could result in potentially significant impacts to Aesthetics, Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Noise, Transportation and Traffic, and that all the potentially significant impacts of the Project, with the exception of Transportation and Traffic, can be avoided or reduced to insignificance with implementation of mitigation measures; and

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Packet Pg. 152 Attachment: Attachment A - Draft Resolution to Certify Final EIR (5327 : Pacifica School District Workforce Housing Project - 930 Oddstad 2 WHEREAS, the City provided notice of the availability of the Draft EIR and the City made the Draft EIR available for a 45-day review and comment period that ran from November 23, 2022, to January 9, 2023; and
WHEREAS, the City received one written public comment and no agency comment letters during the Draft EIR public review period; and
WHEREAS, the City prepared written responses to the comment received during the comment period, which together with revisions to the Draft EIR and the MMRP constitutes the Final EIR; and WHEREAS, no significant new information has been added to the EIR after public notice of the availability of the Draft EIR or added or modified in the Final EIR, under CEQA Guidelines section 15088.5. The additional information and modifications that have been provided do not show (1) a new significant environmental impact, (2) a substantial increase in the severity of an environmental impact, (3) that a feasible project alternative or mitigation measure would clearly lessen the significant impacts of the Project, but that the developer declines to adopt it, or (4) that the Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comments are precluded.

The EIR mitigation measures are incorporated in the Final EIR for the Project to avoid or substantially lessen significant environmental effects. Therefore, no further analysis is required and there is no need to recirculate a revised EIR for further review and comment; and WHEREAS, the Draft EIR found that the project would result in significant and unavoidable environmental impacts related to vehicle miles traveled generated by the Project and, therefore, a Statement of Overriding Considerations describing public benefits from the Project that would outweigh the potential significant environmental impacts of the Project has been prepared; and WHEREAS, the City provided notice of the City Council’s intent to hold a public hearing to consider the EIR, Findings of Fact, Statement of Overriding Consideration, and MMRP and approval of the Project, as required by law by publishing a Notice of Public Hearing in the Pacifica Tribune on April 12, 2023, and by mailing the Notice of Public Hearing to 348 surrounding property owners, occupants and interested parties on April 13, 2023; and
WHEREAS, the City Council has read and considered the Final EIR and MMRP prior to making its decision to approve the Legislative Approvals; and
WHEREAS, the City Council held a duly noticed public hearing on April 24, 2023, 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 City Council of the City of Pacifica finds as follows:

1. The above recitals are true and correct and material to this Resolution.

2. In making its findings herein, the City Council relied upon and hereby incorporates by reference all correspondence, oral and written staff reports, public comments and other related materials.

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Packet Pg. 153 Attachment: Attachment A - Draft Resolution to Certify Final EIR (5327 : Pacifica School District Workforce Housing Project - 930 Oddstad 3 BE IT FURTHER RESOLVED that the City Council of the City of Pacifica does hereby take the following actions with respect to the Final EIR:

1. The City Council finds that the Final EIR for the Project was presented to the City Council, that the Final EIR was prepared, published, circulated, reviewed and completed in full compliance with State law and CEQA Guidelines, that there was adequate public review of the Draft EIR, that it has considered all comments on the Draft EIR and responses to comments, that the Final EIR adequately discusses all significant environmental issues , and that the Final EIR reflects the independent judgment and analysis of the City Council. The City Council further certifies that it has reviewed and considered the information in the Final EIR.

2. The City Council finds that the information added in the Final EIR does not constitute significant new information requiring recirculation, but rather that additional information clarifies or amplifies an adequate EIR.

3. The City Council hereby certifies the Final EIR for the Project.

4. Pursuant to CEQA section 21081.6 and CEQA Guidelines section 15091, and in support of its approval of the Legislative Approvals, the City Council has reviewed and considered the CEQA Findings of Fact and Statement of Overriding Considerations for the Project, attached hereto as Exhibit A incorporated herein by reference, finds that such Findings of Fact are supported by substantial evidence and adopts the Findings of Fact and Statement of Overriding Considerations.

5. Pursuant to CEQA Section 21081.6 and CEQA Guidelines section 15091 and in support of its approval of the Legislative Approvals, the City Council has reviewed and considered the Mitigation Monitoring and Reporting Program (MMRP) that requires all mitigation measures described in the Final EIR be implemented by means of Project conditions, agreements or other measures, as set forth in the MMRP, attached hereto as Exhibit B and incorporated herein by reference. The City Council hereby adopts the MMRP.

6. The record of proceedings is available for review by responsible agencies and interested members of the public during normal business hours at the Planning Department, 540 Crespi Drive, Pacifica, CA 94044. The custodian of these documents is the Planning Department of the City of Pacifica.
* * * * *

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Packet Pg. 154 Attachment: Attachment A - Draft Resolution to Certify Final EIR (5327 : Pacifica School District Workforce Housing Project - 930 Oddstad 4 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of April 2023.

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_____________________________
Tygarjas Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _____________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney

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Packet Pg. 155 Attachment: Attachment A - Draft Resolution to Certify Final EIR (5327 : Pacifica School District Workforce Housing Project - 930 Oddstad 4854-7367-1518 v1

EXHIBIT A
Findings of Fact and Statement of Overriding Considerations

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Packet Pg. 156 Attachment: Attachment A - Draft Resolution to Certify Final EIR (5327 : Pacifica School District Workforce Housing Project - 930 Oddstad 4854
-7367-1518 v1
[Page Intentionally Blank]

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Packet Pg. 157 Attachment: Attachment A - Draft Resolution to Certify Final EIR (5327 : Pacifica School District Workforce Housing Project - 930 Oddstad 4854
-7367-1518 v1

EXHIBIT B
Mitigation Monitoring and Reporting Program (MMRP)

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Packet Pg. 158 Attachment: Attachment A - Draft Resolution to Certify Final EIR (5327 : Pacifica School District Workforce Housing Project - 930 Oddstad 1 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING REZONING RZ-205-20 AND DEVELOPMENT PLAN DP-81-20 TO ESTABLISH A PLANNED

DEVELOPMENT (P-D) ZONING DISTRICT WITH DEVELOPMENT PLAN FOR THE PACIFICA SCHOOL DISTRICT WORKFORCE HOUSING PROJECT TO CONSTRUCT 70 RESIDENTIAL UNITS AT 930 ODDSTAD BOULEVARD (APN 023-672-600) (FILE NO. 2020- 009)
WHEREAS, the Pacifica School District (“Applicant”) has submitted an application for construction of a 70-unit residential development including a property management office, residents’ commons building, and public restroom/changing facilities located at 930 Oddstad Boulevard (APN 023-672-600); removal of three heritage trees; a division of land into three individual lots; a development agreement with certain public and developer benefits, including use of playing fields; a rezoning to change the zoning classification to the P-D Planned Development District; and a Development Plan and a Specific Plan to insure the proper orientation, design character and compatibility of the construction of 70 residential units across seven buildings, a property management office, residents’ commons, and public restroom and changing facility (“Project”); and
WHEREAS, the Planning Commission of the City of Pacifica adopted Resolution No. 2023-006 recommending City Council approval of the Rezoning, Development Plan and Development Agreement on March 20, 2023, and separately certified a final environmental impact report (“EIR”) including a mitigation monitoring and reporting program (MMRP), findings of fact, and statement of overriding considerations and approved certain development permits including Specific Plan-173-20, Vesting Tentative Subdivision Map SUB-248-20, and Heritage Tree Removal Authorization to authorize construction and operation of the Project; and
WHEREAS, the City Council of the City of Pacifica adopted Resolution No. __________ on April 24, 2023, to certify a final environmental impact report (“EIR”) including a mitigation monitoring and reporting program (MMRP), findings of fact, and statement of overriding considerations for the Project (State Clearinghouse No. 2021100457); and
WHEREAS, the City Council of the City of Pacifica held a duly noticed public hearing on April 24, 2023, and introduced this Ordinance.

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. Compliance with CEQA. The City Council of the City of Pacifica adopted Resolution No. __________ on April 24, 2023, to certify a final environmental impact report (“EIR”) including a mitigation monitoring and reporting program (MMRP), findings of fact, and statement of overriding considerations for the Project (State Clearinghouse No. 2021100457).

Section 3. Findings. Specific findings of fact for approval of Rezoning RZ-205-20 and Development Plan DP-81-20 are as follows:

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Packet Pg. 159 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing 2 Rezoning RZ-205-20
• General Plan Consistency
The proposed Rezoning would be consistent with the following General Plan policies:

1. Promote a Positive Image. Promote a positive image of Pacifica as a desirable place to work, live and visit (ES-G-3);

2. Appropriate Site Design. Ensure that development projects adjacent to protected natural areas are designed to minimize impacts on those areas by employing low impact development techniques for stormwater management, using native/non-invasive landscaping, and minimizing nighttime lighting and glare (ES-I-36);

3. Concentrated Development. Focus new development in or directly adjacent to alreadydeveloped areas, where it can be served by existing public services and where it will not have significant impacts on coastal or other resources (LU-G-2);

4. Future Residential Development. Limit development to sites that are not critical for open space connections or habitat preservation, and which will be in harmony with the surrounding natural setting (LU-G-3);

5. Private Parking. Ensure adequate off-street parking in all new development (CI-G-20);

6. Development of City Parks. Create and enhance neighborhood and pocket parks and plazas to provide access to local recreational space to all Pacifica residents (OC-G-1);

7. School Playfields. Continue to cooperate with the school districts to make school play fields available for public use after school hours (OC-G-4);

8. Park Land Dedication or In-Lieu Fees. For new development, continue to require the dedication of land or payment of in-lieu fees to provide park land at a ratio of five acres per 1,000 residents (OC-I-1);

9. Optimize Public Facilities. Ensure that public facilities are adequate to meet needs, and plan for opportunities that help to meet goals of school districts and the City (OC-G-11);

10. School Site Reuse and Redevelopment. Identify appropriate future land uses for unused school sites that are compatible with existing neighborhoods (OC-I-55);

11. Prioritize in-fill residential development (Housing Element #4.D.i);

12. Provide housing opportunities for all income groups (Housing Element 8.A. page 114); and

13. Provide a choice of housing types and densities (Housing Element 8.A. page 114). • Existing Lot
The site can be adequately accessed from Oddstad Boulevard and can obtain all utilities from existing sources within the Oddstad Boulevard public right-of-way. The site’s location, layout, in-fill nature of development on the site, make it suitable for the density, intensity, and type of development as part of a rezoning to the P-D zoning district concurrently with the proposed Development Plan and Specific Plan, and approval of these items would not threaten public health, safety, or welfare.
• Surrounding Neighborhood
The surrounding neighborhood is predominantly single-family residential and commercial recreation land uses. The area zoned as commercial recreation is the Frontierland Park, owned and operated by the City of Pacifica. To the southeast of the project site is the Yosemite Drive Club of the Boys & Girls Club of North San Mateo County. The project area is characterized by two-story single-family homes to the west, south, north, and northeast. To the southeast is a hillside which slopes up towards Frontierland Park. The proposed project consists of one- and

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Packet Pg. 160 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing 3 two-story buildings. The seven residential buildings are all two-stories and the property management office, Residents Commons, and public restrooms/changing rooms are all one story.

For additional context, Attachment H of the Planning Commission staff report shows the neighboring compatible uses. These properties have been developed in a manner compatible with the proposed project in terms of height, design, and use. The City Council finds that the proposed project can be developed without adverse impacts to public health, safety, and welfare to these developments. Therefore, the proposed project can safely develop without causing adverse neighborhood impacts.

In the case of the subject project, rezoning the site to the P-D zoning district would support the applicant’s objectives to provide workforce housing for Pacifica School District and potentially other public agency employees. The clustering of multi-family housing towards the middle and northwest corner of the site helps to preserve the hillside and maintains the existing fields.

Without the Rezoning, residential density would be less, but would not support the School District’s goals to provide housing and would not help the City’s Housing Element goals and policies to provide housing.
• Maximum Development Potential
The proposed Rezoning would change the maximum development potential of the project site.

The parcel size is 544,064 sf or 12.4 acres. Under the proposed Planned Development (P-D) district, the Multiple-Family Residential (R-3) district development standards would apply. The existing Single-Family Residential district has a minimum lot area of 5,000 sf resulting in a maximum development potential of 108 units. The change to P-D results in a minimum lot area of 2,075 sf and a maximum development potential of 262 units. The project proposes only 70 residential dwelling units, and does not seek to accomplish the maximum development potential of the site. The project proposes a minimum lot dwelling area of 4,668 sf.

The applicant proposes to develop the project as three lots. Lot 1, which is 4.9 acres, would be maintained as fields, recreation, and public parking. Lots 2 and 3, which amount to 7.5 acres, would be developed for residential and associated uses. In addition to the 20 percent landscaped area of Lots 2 and 3, 26 percent of the project site would remain undeveloped in a natural state.

Development Plan DP-81-20

1. The proposed P-D District can be substantially completed within the time schedule submitted by the applicant.

The applicant has anticipated certain economic conditions and proposes to construct the project in phases. Demolition and construction activities are anticipated to occur concurrently beginning in December after entitlement. A Development Agreement between the City and the Pacifica School District was prepared to further outline project phasing and requires commencement of construction for Phase 1 and the parkland improvements within seven years of the execution of the agreement. The Development Agreement would also provide flexibility to the applicant to complete the project. Therefore, there is sufficient evidence to make this finding.

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Packet Pg. 161 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing 4 2. Each unit of the development, as well as the total development, can exist as an independent development capable of creating an environment of sustained desirability and stability or adequate assurance that such objective will be attained.

The proposed project, a workforce housing development with 70 units, is compatible with the larger Park Pacifica residential neighborhood. Specifically, the project would be constructed consistent with the Low Density Residential density (three to nine dwelling units per acre) that exists in the surrounding neighborhood. The main distinction would be the multi-family residential building form factor of the proposed project.

Similar to existing residences, the project benefits from its location on Oddstad Boulevard, a collector street and each building would have access to existing water, sewer, and storm utilities. The craftsman building design, two story heights, landscaping and new trees proposed by the Development Plan would support the desirability and stability of the neighborhood. Individually, each building is designed to provide a unified palette with style, materials and color selection, but is differentiated in terms of articulation and massing to show uniqueness. Additionally, as designed, each unit can provide all the requirements of a single housekeeping unit including, but not limited to restrooms and a place to store, cook, and wash food. Therefore, there is sufficient evidence to make this finding.

3. The land uses proposed will not be detrimental to the present or potential surrounding uses but will have a beneficial effect which would not be achieved through other districts.

The proposed Planned Development district for Lot 2 and Lot 3, with a multi-family housing use and utilizing the Multi-family Residential District (R-3) development standards, would help to activate an underutilized former school site by providing quality design and building elevations compatible with surrounding uses. The buildings in the surrounding neighborhood are primarily two-story single-family houses. The development would not exceed two stories and would comply with the maximum 35’-0” height limit. The craftsman design compliments the neighboring houses. The proposed development provides landscaping on 20 percent of the project site and to the rear of the property, maintains 33 percent of the project area in its natural state. Therefore, there is sufficient evidence to make this finding.

The proposed Planned Development district for Lot 1 would authorize a public park use, which is consistent with its current use, and would not introduce any new or expanded uses that would be detrimental to the present or potential surrounding uses. The presents of a public park at this location would be beneficial to the multi-family residential uses proposed with the project as well as the surrounding residential and commercial uses in the vicinity of the project site.

4. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and in-creased densities will not generate traffic in such amounts as to overload the street network outside the P-D District.

The project is served by Oddstad Boulevard. The General Plan identifies Oddstad Boulevard as a collector street, which has slower permitted speeds than arterials, serve short, local trips, and accommodate travel between residential neighborhoods and arterials. Collectors have moderate volumes of traffic, and accommodate equally automobiles, bicycles, and pedestrians within the right-of-way. The project’s Transportation Analysis studied the magnitude of traffic produced by the proposed development. The analysis concluded that “the project is estimated to generate approximately 484 daily trips with 30 trips during the morning

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Packet Pg. 162 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing 5 peak commute hour and 37 trips during the evening peak commute hour. This equates to one new trip on Oddstad Boulevard every 2 minutes. It is unlikely that such a small number of added trips would be noticeable to existing residents.” The Transportation Analysis also evaluated intersections along Oddstad Boulevard and estimated that there would be no noticeable change in the level of service or traffic conditions due to the project, which is consistent with the General Plan’s Circulation Element Policy CII-18 which indicates the city should strive to maintain a certain threshold. The project would not exceed the threshold. Therefore, there is sufficient evidence to make this finding.

5. Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities for the area.

The proposed project is a residential development, therefore, the need to make this finding is not applicable.

6. The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development, and the P-D District uses proposed are in conformance with the General Plan and, where applicable, the Local Coastal Plan, or that changes in the General Plan or Local Coastal Plan are justified.

The surrounding developments include single-family residences to the north, northeast, west, and south, an approximately 63-acre City of Pacifica-owned and operated park (Frontierland Park) to the east, and the Boys and Girls Club to the south. The design of the surrounding residences includes gabled roofs, wood framing, support columns, exposed rafters and covered porches which are characteristic of craftsman styles. The proposed project design is congruent with the adjacent neighborhood and employs the same craftsman style. Twenty percent of the project is landscaped and incorporates drought tolerant and native vegetation.

Additionally, the rear of the property will be maintained in a natural state and visually transitions well with the abutting Frontierland Park.

The proposed Development Plan would be consistent with the City’s General Plan. General Plan consistency includes, but is not limited to, the following:
• Land Use Element
Public and Semi-Public. The Public and Semi-Public (PSP) designation indicates public or private schools, libraries, police, and fire stations and other civic and community uses. In the case that public facilities are converted or sold for new uses, Plan land use designations shall be updated. If a public school is discontinued, any proposed new use should be compatible with the adjacent neighborhood.

One of the applicant’s main objectives for the proposed project is to repurpose an underutilized Pacifica School District property as workforce housing to help reduce the cost of housing for School District employees. The School District would make residential units available for rent to employees. The residential nature of the proposed use, building design, and maximum heights are compatible with the adjacent neighborhood.

Low Density Residential (LDR). The Low Density Residential designation provides for development of three to nine dwelling units per gross acre. Single-family residential is the primary use intended for LDR areas. Residential care facilities,

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Packet Pg. 163 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing 6 schools, and community uses are permitted. Clusters of small-lot development as well as standard subdivisions may be allowed.

The proposed residential density (70 units over 7.47 acres) is approximately nine dwelling units per acre, which is consistent with the density established for the LDR land use designation, which allows for three to nine units per acre. • General Plan Policies
Economic Sustainability Element, Policy ES-G-3. Promote a Positive Image.

Promote a positive image of Pacifica as a desirable place to work, live and visit.

Open Space and Community Facilities Element, Policy OC-G-11. Ensure that public facilities are adequate to meet needs, and plan for opportunities that help to meet goals of school districts and the City.

Open Space and Community Facilities Element, Policy OC-I-55. School Site Reuse and Redevelopment. Identify appropriate future land uses for unused school sites that are compatible with existing neighborhoods.

Housing Element, Policy 4.D.i. Prioritize in-fill residential development.

Housing Element, Policy 8.A. page 114. Provide housing opportunities for all income groups.

Housing Element, Policy 8.A. page 114. Provide a choice of housing types and densities.

The proposed project supports the General Plan policies listed above while also furthering the Pacifica School District’s objectives to attract school employees by reducing the cost of housing and taking advantage of a property no longer needed as a school site. The project would provide 70 residential units which contribute toward meeting the City’s Regional Housing Needs Allocation across a variety of income levels, including 11 below market rate (BMR) units.

7. The project is consistent with the City's adopted Design Guidelines.

As conditioned, the proposed improvements at the site are consistent with the City’s adopted Design Guidelines. Major areas of project consistency with the Design Guidelines are discussed below:

SITE PLANNING
a. Site Improvements. Locate site improvements such as buildings, parking areas, and walkways to take advantage of desirable site features. For example, existing healthy trees and distinctive berms or rock outcroppings should be incorporated into site design. Buildings should be oriented to capitalize on views of hills and ocean.

Site improvements should be designed to work with site features, not against them. Lot grading should be minimized and disruption of natural features such as trees, ground forms, rocks, and water courses should be avoided.

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Packet Pg. 164 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing 7 The parcel is oriented in a west to east direction adjacent to Oddstad Boulevard with the property frontage facing the west. The City’s General Plan identifies the land use designation of the site as Low Density Residential (LDR), which allows three to nine dwelling units per acre.

The project site is 12.46 acres and would be developed as three lots: Lot 1, Lot 2, and Lot 3.

There is no plan to divide the parcel. Lot 1, consisting of 4.99 acres, would be developed as playing fields and a parking lot which would include basketball hoops and striping for parking spaces. Lot 2 (4.69 acres) and Lot 3 (2.78 acres) total 7.47 acres and would include a total of 70 units at a density of approximately 9 units per acre, consistent with the LDR land use designation.

The project proposes to construct five residential buildings, a property management office, residents commons, and public restroom / changing room on Lot 2 and three residential buildings on Lot 3. The project also includes four accessory structures, two each for trash collection and bike storage.

There are 27 trees within the Project Area, 20 of which would be maintained. The existing trees are predominantly Monterey Cypresses, but also include Monterey Pine and Peruvian Pepper.

The project proposes at least 96 trees, including seven replacement trees. Twenty percent of Lot 2 and Lot 3 would be landscaped and would also include two courtyards.

To the east of the project site is the Park Pacifica Hillside, which also includes the Frontierland Park owned and operated by the City of Pacifica.
b. Lighting. Exterior lighting should be subdued, and should enhance building design as well as provide for safety and security. Lighting which creates glare for occupants or neighbors should not be used. In general, large areas should be illuminated with a few low shielded fixtures. Tall fixtures which illuminate large areas should be avoided.

The proposed lighting fixtures are downlights, as shown on Sheet L1.5-L1.6 of the Project Plans. The project includes site and building lighting including 10 to 12 foot pole lights, threefoot bollard lights, indirect lighting to identify wayfinding and project identification signage, integrated under canopy lighting at proposed carports, and wall scones at the proposed buildings.
c. Parking. The visual impact of parking areas should be minimized when appropriate to the site by locating parking areas to the rear or side of the property, rather than along street frontages.

Ample landscaping should be used to help screen parking areas from both exterior and interior views.

Many of the covered spaces would be provided through garages designed as craftsman and are integrated with the residential buildings. Other covered parking is provided by carports with corrugated metal roofing that will be under a structure that is capable of supporting solar panels. The parking areas are located within the Project Area and the majority of parking areas would not be wholly visible from the street. Additionally, the project will add new trees to provide visual breaks and screen parking areas.

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Packet Pg. 165 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing 8 BUILDING DESIGN
d. Design. The style and design of new buildings should be in character with that of the surrounding neighborhood. This does not mean that new buildings should be identical to existing buildings on neighboring lots, but that new buildings should complement, enhance, and reinforce the positive characteristics of surrounding development. This can be accomplished by incorporating the dominant architectural features of an area into the design of new development. Such features may include bay windows, chimneys, balconies, porches, roof shapes, and other architectural details and materials.

The project building design is styled after the surrounding single-family residences to the north, northeast, west, and south. Like the single-family residences, the project design utilizes gabled roofs, wood framing, support columns, exposed rafters and covered porches which are characteristic of craftsman styles and achieves consistency with the neighborhood. e. Scale. An important aspect of design compatibility is scale. Scale is the measure of the relationship of the relative overall size of one structure with one or more other structures.

Scale is also used to refer to a group of buildings, a neighborhood, or an entire city. A development can be “out of scale” with its surroundings due to its relative height, bulk, mass, or density.

A structure which is out of scale with its site and neighborhood threatens the integrity of the overall streetscape, and residential projects, particularly single-family dwellings, which are much larger than neighboring structures are therefore discouraged. The City’s height limitation is a maximum only, and the maximum height may often be inappropriate when considered in the context of surrounding development and topography. The “carrying capacity” of a given site is also an important factor in determining appropriate scale and lot coverage. As with the height limitation, the City’s lot coverage limitation is a maximum only.

The proposed development is in a neighborhood that includes two-story single-family residential structures. None of the proposed buildings exceed two stories, and all are under the 30’-0” height maximum. Additionally, the majority of the buildings are oriented so that the narrowest side faces Oddstad Boulevard which assists in reducing the visual scale of the buildings. In instances where the widest face of the building faces Oddstad Boulevard, trees are proposed to be planted to provide a visual break in building mass. • Details. Use architectural features and details to help create a sense of human scale. Wall insets, balconies, window projections, etc., are examples of building elements which may help reduce the scale of larger buildings.

The proposed building includes several architectural features and details that further help create a sense of human scale. These features and details include a distinct base, balconies, and various sized windows to break up the massing, and different colors, materials, and textures providing articulation.
• Materials. Compatibility of materials is an essential ingredient in design quality. In areas with either historic or architecturally significant structures, the use of similar exterior construction materials should be used in new construction in order to maintain neighborhood character.

Consistency and congruity of materials and design elements on individual structures is also important.

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Packet Pg. 166 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing 9 The proposed material palette draws upon the surrounding neighborhood and includes asphalt shingle roofs, horizontal lap siding, fiber cement trim, wood trellises, divided-lite vinyl windows and wall sconces.
• Color. Building color should be compatible with the neighborhood and should reinforce and complement the visual character of the building’s environment. Multiple colors applied to a single building should relate to changes of material or form.

As shown on Sheets A4.0 of the Project Plans, the proposed color palette consists of three blue colors, white, and shades of grey and brown. For the multi-family residential buildings, colors, roof orientation, and material textures are utilized to differentiate units to give the appearance that the units are individual buildings and not connected. • Privacy. Consideration should be given to the impact of development on the privacy of surrounding properties. Use judicious windows placement and appropriate landscaping to help minimize the potential for loss of privacy.

The minimum approximate setback from Oddstad Boulevard is 70’-5” providing space between the proposed development and existing properties. Additionally, the project maintains many of the existing mature trees along its frontage on Oddstad Boulevard and would plant an additional 96 trees, including seven replacement trees, along the perimeter of the property and between buildings.
• Consistency. There should be architectural consistency among all building elevations. All elevations need not be identical, but a sense of overall design continuity must occur. Window treatment and trim, for example, should be carried out around the entire building, not just on the most visible sides.

The proposed buildings do not exceed two stories. The seven residential buildings are all two stories, and the property management office, residents commons, and public restroom / changing rooms are one story. The number of openings and size of windows on the different façades of the buildings vary, but are consistent across the buildings. Additionally, the applicant has carried the same materials, trim, architectural detailing, and similar shapes of window openings on all sides of the proposed buildings.

LANDSCAPING
• Purpose. Landscaping should not be used to screen or hide an otherwise unacceptable building.

Building architecture should stand on its own, with landscaping incorporated as an integral element of overall project design.

The landscaping and plant selection complements the architecture and material colors and provides visual spacing between buildings. The project also provides two landscaped courtyards as tenant amenities and is an integral part of the site design. • Amount and variety. Applicants are encouraged to exceed the minimum amount of landscaping required by the zoning ordinance and landscaping plans should incorporate a variety of plant species. The amount, scale, and nature of landscape materials should be appropriate to the site and/or structure. Large-scale buildings should be complemented by large-scale landscaping.

Development along major streets should also include large scale trees.

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Packet Pg. 167 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing 10 The project proposes approximately 66,574 square feet of landscaped area which amounts to 20 percent of the Project Area. The proposed planting palette includes 46 different perennial, shrub, grass, groundcover, tree and vine species, including, but not limited to native species and drought tolerant species such as manzanitas, blue-eyed grass, yarrow, Mexican sage, and Australian fuchsia. As noted previously, the project would maintain many of the mature Monterrey Cypresses along Oddstad Boulevard which range in height and circumference.

8. The project is consistent with the City's General Plan and, if applicable, Local Coastal Plan.

Based on the preceding discussion including but not limited to the analysis contained above for the Rezoning, the proposed Development Plan would be consistent with the General Plan. General Plan consistency would include, but not be limited to, making a discontinued school compatible with the surrounding neighborhood.

Section 4. Reclassification. Section Map 36 of the Zoning Map of the City of Pacifica, as described in Section 9-4.302 of the Pacifica Municipal Code, is hereby amended as depicted in Exhibit 1 to this Ordinance. The specific area affected by this reclassification is more particularly described in the legal description included as Exhibit 2 to this Ordinance.

Section 5. Development Plan. The approved Development Plan DP-81-20 for the Project site, which shall be implemented through the development more particularly set forth in a specific plan approved in accordance with Article 22 of Chapter 4 of Title 9 of the Pacifica Municipal Code, shall be as set forth in the following Table 1 and Table 2:

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Packet Pg. 168 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing 11 TABLE 1
Standard Approved
Use Lot 1 of Vesting Tentative Parcel Map
• Active and passive recreation including
improved parkland and sports fields,
but not including nighttime
illumination of sports fields.
• Accessory buildings and structures
incidental to authorized recreational
uses, including but not limited to trash
enclosures, uncovered off-street
parking facilities, bicycle
parking/storage,
vehicular/pedestrian/bicycle circulation
improvements, restroom/changing
room facilities, and snack kiosk for the
vending of food to recreational facility
users during periods of active
recreation such as organized sporting
events.

Lot 1 of Vesting Tentative Parcel Map
Standard Approved
Lot Size No minimum/maximum
Lot Width No minimum/maximum
Lot Coverage (max.) Buildings: 10%
Landscaping (Planting
area+Undisturbed Natural
Vegetation) (min.)
20%
Setbacks No minimum/maximum
Height (max.) 35’-0”
Off-street Parking (min.) 40 uncovered spaces

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Packet Pg. 169 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing 12 TABLE 2
Standard Approved
Use Lots 2 and 3 of Vesting Tentative Parcel Map
• Multiple-family dwellings not to
exceed 70 dwelling units.
• Accessory buildings and structures
appurtenant to multiple-family
residential development, including but
not limited to trash enclosures, offstreet parking facilities including garages/carports and bicycle
parking/storage,
vehicular/pedestrian/bicycle circulation
improvements.
• The following accessory buildings and
structures incidental to recreational
uses authorized on Lot 1 of the Vesting
Tentative Parcel Map:
restroom/changing room facilities, and
snack kiosk for the vending of food to
recreational facility users during
periods of active recreation such as
organized sporting events.

Lots 2 and 3 of Vesting Tentative Parcel Map
Standard Approved
Lot Size (min.) 5,000 square feet
Lot Area Per Dwelling
Unit (min.)
2,075 square feet
Lot Width (min.) 50 feet
Lot Coverage (max.) 60%
Landscaping (Planting
area+Undisturbed Natural
Vegetation) (min.)
20%
Setbacks (min.)
Front 15’-0”
Side
Street-side
5’-0”
10’-0”
Rear 20’-0”

5.b
Packet Pg. 170 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing 13 Height (max.) 35’-0”
Off-street Parking (min.) 53 covered parking (garage or carport) and 43 uncovered spaces
Usable Open Space (min.) 400 square feet per dwelling unit Section 6. 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 become effective thirty (30) days following its passage and adoption.

Section 8. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council of the City of Pacifica, California, and cause the same to be published once in The Pacifica Tribune, a newspaper of general circulation, published and circulated in the City of Pacifica, California.
* * * * *
PASSED AND ADOPTED this day of , 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Tygarjas Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:

Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney

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Packet Pg. 171 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing 4894
-1736-5854 v1
EXHIBIT1

5.b
Packet Pg. 172 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing Pacifica School District Workforce Housing Project
File No. 2020-009: 930 Oddstad Blvd. (APN 023-672-600)
4894-1736-5854 v1
EXHIBIT 2

LEGAL DESCRIPTION
Lot 1
All that certain real property situate in the City of Pacifica, County of San Mateo, State of California, being all of Lots 1-21 inclusive, Lot C, and Everglades Court, Block 6, and being a portion of Lots 22-30, Block 6, as said lots are shown on that certain map entitled “PARK PACIFICA HIGHLANDS NO. 1”, filed for record on October 5, 1965, in Volume 63 of Maps at Pages 13, 14 and 15, Records of San Mateo County, and also being a portion of that certain parcel of land described in that certain City of Pacifica Resolution No. 960, passed and adopted on March 22, 1967 in Book 5535 at Page 226, Official Records of said County, being more particularly described as follows:

BEGINNING at the most southerly corner of said parcel described in said Resolution No. 960, said corner also being on the northeasterly right-of-way line of Yosemite Drive; Thence northwesterly along said northeasterly right-of-way line, said northeasterly right-of-way line being common to said Lots 1-7 inclusive, and said Lot C as shown on said map, the following four (4) courses:
1) North 78°22’00” West, 299.73 feet to the beginning of a tangent curve to the right; 2) Along said curve, having a radius of 320.00 feet, through a central angle of 33°10’00”, for an arc length of 185.24 feet;
3) North 45°12’00” West, 168.40 feet to the beginning of a tangent curve to the right; 4) Along said curve, having a radius of 20.00 feet; through a central angle of 77°50’42”, for an arc length of 27.17 feet to a point on the southeasterly right-of-way line of Oddstad Boulevard, also being a point on the northwesterly line of said Lot 7 as shown on said map, said point also being the beginning of a tangent curve to the right;
Thence northeasterly along said southeasterly right-of-way line, said southeasterly right-of-way line being common to said Lot 7, 8, and 22, the following two (2) courses:
1) Along said curve, having a radius of 968.00 feet, through a central angle of 12°21’18”, for an arc length of 208.74 feet;
2) North 45°00’00” East, 113.66 feet to the beginning of a non-tangent curve to the left, whose radius point bears North 86°35’57” East;
Thence leaving said southeasterly right-of-way line and along said curve, having a radius of 24.00 feet, through a central angle of 131°35’57”, for an arc length of 55.12 feet; Thence North 45°00’00” East, 65.58 feet to the beginning of a tangent curve to the right; Thence along said curve, having a radius of 10.00 feet, through a central angle of 90°00’00”, for an arc length of 15.71 feet;
Thence South 45°00’00” East, 204.53 feet;
Thence South 45°00’00” West, 7.50 feet;
Thence South 45°00’00” East, 233.44 feet;
Thence South 69°30’43” East, 49.64 feet to a point on the southeasterly line of said parcel described in said Resolution No. 960;

5.b
Packet Pg. 173 Attachment: Attachment B - Draft Ordinance Approving Rezoning and Development Plan (5327 : Pacifica School District Workforce Housing Pacifica School District Workforce Housing Project
File No. 2020-009: 930 Oddstad Blvd. (APN 023-672-600)
4894-1736-5854 v1
Thence southwesterly along said southeasterly line, South 20°29’17” West, 247.22 feet to the POINT OF BEGINNING.

Containing 218,586 square feet or 5.02 acres, more or less.

Lot 2
All that certain real property situate in the City of Pacifica, County of San Mateo, State of California, being all of Lots 31-42, inclusive, Shenandoah Court, Carlsbad Court, Block 6, and being a portion of Lots 22-30, Lots 43-45, Lots 48 and 49 and Lot D, block 6, as said lots are shown on that certain map entitled “PARK PACIFICA HIGHLANDS NO. 1”, filed for record on October 5, 1965, in Volume 63 of Maps at Pages 13, 14 and 15, Records of San Mateo County, and also being a portion of that certain parcel of land described in that certain City of Pacifica Resolution No. 960, passed and adopted on March 22, 1967 in Book 5535 at

Page 226 ends

Pacifica City CouncilApril 24, 2023

Pacifica City Council
April 24, 2023