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 May 22, 2023
SPECIAL and REGULAR MEETING
May 22, 2023 (MONDAY)
www.cityofpacifica.org
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BEFORE THE MEETING: Written public comments may be submitted in advance by 12:00 p.m. on the meeting date by email to: [email protected]. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public Comment on Item Not on Agenda” in the Subject Line
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Written public comments received by 12:00 p.m. on the meeting date will be provided in their entirety to the City Council and posted to the City’s website prior to the meeting but will not be read verbally at the meeting.
AT THE MEETING: Materials in writing provided at the meeting should provide seven (7) copies to provide for each Councilmember, City Clerk and City staff.
City Council Regular Meeting 2 May 22, 2023
5:30 PM - CLOSED SESSION
00a. CONFERENCE WITH LABOR NEGOTIATORS - Government Code section 54957.6 - Agency designated representatives: Mark Wilson 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
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 Mayor pro Tem Vaterlaus
Closed Session Report
SPECIAL PRESENTATIONS
A. Proclamation - Public Works Week
B. Proclamation - Pride Month - June 2023
C. Proclamation - Chris Porter Gabrielli
D. Proclamation - Carolyn Jaramillo
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.
City Council Regular Meeting 3 May 22, 2023
1. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Regular Meeting held on May 8, 2023.
2. Cancellation of July 24, 2023 City Council Meeting
PROPOSED ACTION: Move to approve cancellation of the July 24, 2023 regular City Council meeting.
3. Agreement to terms with the Pacifica School District for rental space for Child Care services in the amount of $166,336 for the 2023-2024 school year.
PROPOSED ACTION: Adopt a Resolution to Authorize the City Manager to sign the 2023-2024 agreement with the Pacifica School District for rental space for Child Care services in the amount of $166,336, an amount which which will be included in the 2023- 2024 Proposed Budget.
4. Resolution of the City Council of the City of Pacifica Approving the Agreement Between the City of South San Francisco and the City of Pacifica for Police Communications Services
PROPOSED ACTION: Adopt a resolution approving the Agreement Between the City of South San Francisco and the City of Pacifica for Police Communication Services.
5. Consultant Services Agreement for Environmental Review Services Between the City of Pacifica and Consulting Firm Dyett & Bhatia Urban and Regional Planners PROPOSED ACTION: Move to adopt the attached resolution to approve the Agreement for Consultant Services between the City of Pacifica and Dyett & Bhatia Urban and Regional Planners with a total not to exceed amount of $218,203, and to authorize the City Manager to execute the Agreement.
6. Declaration of Surplus Property Regarding a Portion of City-owned Property Located at 540 Crespi Drive (APN 022-162-420). Recommended California Environmental Quality Act (CEQA) Status: Categorical Exemption, CEQA Guidelines Section 15312.
PROPOSED ACTION: Adopt the attached resolution to declare a portion of the Cityowned property located at 540 Crespi Drive (APN 022-162-420) as surplus land and directing the City Manager to follow the procedures set forth in the Surplus Land Act, California Government Code Section 54220 et seq.
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 City Council Regular Meeting 4 May 22, 2023
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.
PUBLIC HEARINGS - NONE.
CONSIDERATION
7. Consideration of Resolution Creating the Climate Action and Adaptation Plan Task Force
PROPOSED ACTION: Consider and Adopt the attached Resolution of the City Council Creating the Climate Action and Adaptation Plan Task Force.
8. Resolution of Intention to Continue the Business Improvement District Program and Levy the Annual Assessments for the Fiscal Year 2023-2024
PROPOSED ACTION: Adopt the resolution entitled "A Resolution of the City Council of the City of Pacifica Confirming the Annual Report of the Advisory Board of the Pacifica Hotels and Business Improvement District (BID) and Declaring the City Council's Intention to Continue the BID Program and Levy the Annual Assessments for the Fiscal Year 2023-2024 at the Same Rate as Levied in the Fiscal Year 2022-2023 Without Change" and set the date of June 12, 2023, for the Public Hearing on the annual levy of assessments on hotels within the BID.
9. Appointments to the Beautification Advisory Committee; Parks, Beaches and Recreation Commission; Open Space and Parkland Advisory Committee; and Measure Y Citizens’ Oversight Committee
PROPOSED ACTION:
1) Move to appoint an applicant to the Beautification Advisory Committee for 1 partial term to expire March 2026;
2) Move to appoint applicant(s) to the Parks, Beaches and Recreation Commission for 2 full four-year terms to expire May 2027;
3) Move to appoint applicant(s) to the Open Space and Parkland Advisory Committee for 2 full four-year terms to expire May 2027;
4) Move to appoint applicant(s) to the Measure Y Citizens’ Oversight Committee for 2 two-year terms to expire May 2025 and up to 3 four-year terms to expire May 2027.
ADJOURN
NOTICE: If you challenge a city's zoning, planning or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any city administrative decision may be had only if a petition is filed City Council Regular Meeting 5 May 22, 2023
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
City Hall, 540 Crespi Drive
Council meetings:
Agendas are available at the City Council meeting
HOW TO REACH YOUR GOVERNMENT OFFICIALS
• Governor Gavin Newsom, State Capitol Building, Sacramento CA 95814 (916) 445-2841 • State Senator Josh Becker, 1528 So. El Camino Real, Suite 303, San Mateo CA 94402 (650) 212-3313 • Assembly Member 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
5/22/2023
1 SUBJECT:
Approval of Minutes
RECOMMENDED ACTION:
Move to approve the minutes of the City Council Regular Meeting held on May 8, 2023.
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
Move to approve the minutes of the City Council Regular Meeting held on May 8, 2023 (Attachment A).
FISCAL IMPACT:
None.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
Attachment A: Minutes of 05-08-2023 Council Meeting (PDF) 1 Packet Pg. 6
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 Regular Meeting 1 May 08, 2023
REGULAR MEETING
May 08, 2023 (MONDAY)
www.cityofpacifica.org
Mayor Tygarjas Bigstyck called the meeting to order on May 8, 2023 at 7:02 PM 7:00 PM OPEN SESSION
Call to Order
Mayor Bigstyck called the meeting to order at 7:02 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.
Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Lisa Petersen, PW Director; Yulia Carter, Asst. City Manager; Christian Murdock, Planning Director; Maria Sarasua, Police Chief; Roland Yip, PW Dep. Director (Field Services/Engineering); Nelson Schlater Engrg Manager-Wastewater Div.; Maria Aguilar, PW Dep. Director (Wastewater); Lucy Xie, Dep. Finance Director; Bob Palacio, PB&R Director; Elizabeth Brooks, Management Analyst; Jason Bustria, IT Analyst; Ken Fong, IT Analyst; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.
Reading of Land Acknowledgment
Mayor Bigstyck read the Land Acknowledgement.
Salute to the Flag led by Mayor Bigstyck
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 2 May 08, 2023
SPECIAL PRESENTATIONS
A. Proclamation - Mental Health Month - May 2023
Mayor Bigstyck read the proclamation.
Sylvia Tang, San Mateo County, stated that she works for the San Mateo County Behavioral Health and Recovery Services, Office of Diversity and Equity, adding that she helps co-chair the May mental health planning committee with Kristie Lui at San Mateo County and they appreciated Pacifica proclaiming May as Mental Health Month. She shared details on their goals and pointed out specific events that are close to Pacifica and shared ways that people can participate in this mental health month.
Councilmember Bier thanked her and she felt being a part of the Mayor’s Mental Health Initiative has been one of the things she is most proud of while on Council. She felt it was important for everyone to take the time to take care of each other. She stated that Ms. Tang has done so much work in the year and a half, and she thanked her for that. She mentioned that they will bringing in resources for training in the next fiscal year and she looked forward to schedule a training in Pacifica.
Ms. Tang thanked her, adding that she admired her leadership style and compassion for everyone she interacts with.
Mayor pro Tem Vaterlaus thanked her as she felt this was important and it will continue.
Councilmember Boles wanted to share some free local resources. She stated that one of the best things you can do is go for a walk, and there is also free Yoga at the library on Sundays, support groups, jump circles and meditations. She stated that she has been struggling with all she is learning and trying to absorb and she just took a meditation class at Oceanside Healing in a group and it was wonderful.
Councilmember Beckmeyer thanked Ms. Tang for being here. She stated that, in working at an elementary school in an underfunded district, it is her experience during her time of employment in the schools that we don’t have enough mental health resources and the only thing that changed that was the advent of COVID-19 which required students had to work from home on Zoom and the extreme experiences they were having with mental health difficulties and learning loss. She stated that, through ARPA funds and other funds, they have had the benefit of a full time mental health counselor at her school, full time school psychologist and additional resources to request when needed. She stated that they need to keep it happening as she is seeing a difference in the student body and having resources and mental health issues being normal at a young age is a good way to build resiliency and ability to deal with it as they grow older. She marveled at how much more open our society has become and is a good step, but we aren’t done yet.
Mayor Bigstyck echoed everything his fellow councilmembers said. He thanked Ms. Tang for being here. He mentioned that, on his recent vacation, a day or so after he got off the plane, he felt he really needed to decompress. He mentioned having a day job and night job and he is trying to keep relationships happening and he is doing all things as an act of love and it is a lot simultaneously. The feelings when he got off the plane and was decompressing, it highlighted how vital the need is for taking time to recreate is which is health. He mentioned being close to a lot of people and are included in that group that need to take time to check in with their own
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 3 May 08, 2023
lives. He thanked them for the opportunity to highlight a month to remind us that we need to be checking in to make sure that we keep ourselves in a place to do it better and happier.
Mayor Bigstyck opened up public comments.
Sue Digre, Pacifica, stated she agreed with what they all said. She referred to those with a developmental disability, stating they can’t speak for themselves as they already have a communication issue and shared challenges people with development disabilities may have in accessing mental health resources.
Mayor Bigstyck closed public comments.
B. Proclamation - Rich Russitano, Sr.
Mayor Bigstyck read a proclamation honoring Rich Russitano, Sr., in his retirement from Pacifica Moose Lodge.
Councilmember Beckmeyer stated that they have been friends for many years and the genesis is many of the things mentioned in the proclamation. She was representing one of those nonprofits that needed a place to hold a band fundraiser because their previous location was no longer available and then the Moose Lodge was suggested and Len Stone, who was a Moose member, helped her and it was their most successful fundraiser and continued to be. That caused them to join as well as many parents involved who also joined. Now, they are committed to them and she is grateful to him. She read the comment in the Pacifica newsletter for saving the Pacifica Moose Lodge. She is grateful to him personally as well as on behalf of our community.
Councilmember Bier stated she liked these proclamations as she learns so much about the people in our community, as she would never have known all he has done for so many years, and she thanked him for everything he has done for the Moose Lodge.
Mayor pro Tem Vaterlaus stated she is a member of the Moose Lodge and that 43 years is amazing and she thanks him for everything he has done. She stated that it is not about her or him, but the importance of the Moose.
Rich Russitano, Pacifica, stated that there were many people to thank, with his wife, Debbie, at the top of the list. He stated, in 1979, the only way to visit her father was to go to the Moose Lodge, now Legion Hall, and when he was 22 or 23, they joined the Lodge in 1979 or 1980 and he felt that he never looked at the time he put in as work but fun time. It sounds like a big body of work, but he was doing what he was taught by his mentors, and he was grateful and fortunate to be in that position when they joined and taken under the wings of dear friends who taught them how to become Moose, a better asset to the community, treat everyone fairly, and the Moose’s mission is to take care of children and the elderly and serve the community in every way they can. He mentioned that every child deserves to have a family, and their local mission is to serve the community in any way they can. He stated, if there is anyone looking for an avenue to give back, they can come see them at the Moose. He thanked Council very much.
Mayor Bigstyck opened up public comments.
Paul Lavorini, Pacifica, stated that this is about Rich Russitano and thanked him and his wife for their dedications throughout the years and he knows he is continuing. What he has done for
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the Moose and all of those at the Moose is giving them a foundation and hope that they have a place they can go to and enjoy themselves. He stated it was closing at one time and Rich, his wife and Mark and Cathy Johnson got together and went through the office, got taxes paid, did what they could do. He stated that the membership was dropping at that time and they built a foundation and Rich Russitano started leading by getting a new board of directors and that became stronger and they were more of a family and learned what to do and how to do it. Rich Russitano has led by example for so long that, even if he thinks he isn’t teaching them, by watching they understand what they need to do. He stated it is a joy being part of this organization. He stated that, when he retires from his duty at the Moose, he knows he will continue on and may all his kitchens be full of great food and all his stereo systems be full blast and enjoy every minute of it. He thanked him and his wife for their friendship and being mentors to him and his wife andthe foundation he gave them.
Councilmember Boles stated she is just learning, and was amazed to hear his story and all the work he has done for Pacifica and the community. She thanked him for making the organization stronger so it can continue, as she sees that he is invested in continuing this group’s service.
Mayor Bigstyck stated that, in working for the Pacifica Resource Center, he was grateful to be there and to be there for other activities that the Moose has supported. He wished he didn’t count as many memorial services he has attended there, but there is so much love and healing has happened in that room as they remembered those they loved. He thanked him for making sure that, we as a community, have that space where they can become stronger and better able to help each other.
Jack Burgett, Pacifica, stated he and Diane joined the organization a while back. He thanked them and suggested that anyone who hasn’t joined the Moose get in it.
Mayor Bigstyck asked that they take a picture, inviting Mr. Russitano, his wife and any other members of the Moose to come up and celebrate the moment.
CONSENT CALENDAR
City Manager Woodhouse stated, before Council considers the Consent Calendar, he would like to move Item #8 to Consideration to be the last item.
Mayor Bigstyck concluded that he wants Item #8 to be the last on the list.
City Manager Woodhouse responded affirmatively, adding that they will have some of the team will be joining via Zoom and that is why they need it last.
Mayor Bigstyck asked if any Councilmembers would like to pull any other item, and then asked if there were any questions. He then opened public comments.
Remi Tan, Pacifica, stated he wanted to comment on the one about the housing for the teachers on Oddstad. He thought it was a great idea but expressed his concerns on the financial details and encouraged Council to look at it.
Mayor Bigstyck closed public comments. He understood that the school district will continue to own and operate that land and would like to make it all affordable for their staff, and in the meantime, they figured out a way to finance it without costing the taxpayers, as they will have
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 5 May 08, 2023
some units at market rate to make sure their certificates of occupancy will be paid off and, in the long term, teachers and staff will be able to have fully affordable housing for 70 units.
Councilmember Beckmeyer stated that, regarding the Item #9 on the consent calendar, she will be recusing herself from that as she has perceived conflict as she works for the school district.
CONSENT ITEMS #1-7
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Boles, Councilmember
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
CONSENT ITEM #9 (INCLUDED WITH CONSENT CALENDAR)
RESULT: ADOPTED [4-0]
MOVER: Christine Boles, Councilmember
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Bier, Boles
ABSTAIN: Beckmeyer
1. Approval of Disbursements for Dated 4/01/23 through 4/30/23.
PROPOSED ACTION: Receive and file the Monthly Check Register Report for the month of April 2023
2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Special and Regular Meeting held on April 24, 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. Termination of Local Emergencies related to December 2022/January 2023 Winter Storms and March 2023 Storm Events
PROPOSED ACTION: Move to adopt Resolution Terminating Proclamations of Local Emergencies related to December 2022/January 2023 Winter Storms and March 2023 Storm Events
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 6 May 08, 2023
6. Resolution authorizing the Filing of an Application for One Bay Area Grant 2 (OBAG 2) Funding for the Sharp Park Priority Development Area Pedestrian Improvement Project.
PROPOSED ACTION: Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Authorizing the filing of an application for funding assigned to MTC and committing any necessary matching funds and stating assurance to complete the Sharp Park Priority Development Area Pedestrian Improvement Project.”
7. Resolution of the City Council of the City of Pacifica Adopting a list of projects for Fiscal Year 2023-24 funded by SB 1: Road Repair and Accountability Act of 2017 PROPOSED ACTION: Adopt the Resolution of the City Council of the City of Pacifica Adopting a list of projects for Fiscal Year 2023-24 funded by SB 1: Road Repair and Accountability Act of 2017.
8. Consideration of financing and other related actions relating to the Lower Linda Mar Sewer System Rehabilitation And Repair Project and the Ultraviolet Disinfection Replacement Project (“Projects”) as part of the Wastewater Capital Improvement Plan PROPOSED ACTION: Move to adopt a Resolution of the City Council to approve the receipt of funds from IBank, in the maximum principal amount of $21,000,000, to finance wastewater system improvements Projects, secured by a pledge of a lien on net revenues of the wastewater system and authorizing the engagement of Jones Hall, a professional law corporation to serve as bond counsel, and authorizing the execution and delivery of a related installment sale agreement and approving related matters and official actions; approval of financing is not a "project" subject to review under CEQA.
Agenda Item #8 Discussion:
[Agenda Item #8 was pulled from Consent and discussed following Agenda Item #10 on Consideration.]
City Manager Woodhouse stated that they will be bringing their outside financing counsel Chick Adams on Zoom and they have esteemed PW team and finance to present.
WW Engr. Manager Schlater presented the staff report.
Councilmember Boles was concerned about taking out a big loan for 30 years and knowing with the interest and all the fees they are basically paying twice the amount they are borrowing. She stated, with wastewater plant, the contract they just signed for this equipment is for 25 years for the warranty and the loan is 30 years, and they will probably still be paying for it when they need to replace it again. She referred to mention of pre-payment and understands they can’t do that for ten years. They say, if they want to prepay the full thing, they need to have an agreement with them and it sounds like something that is not necessarily possible and she wondered what they know about that.
City Manager Woodhouse stated that they have their financial counsel, Chick Adams, on Zoom, and a prepayment provision might be a question for him. He stated that prepayment restrictions are a common thing for a time period in such financing structures.
Consultant Adams stated that Councilmember Boles is correct that the prepayment provision is
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 7 May 08, 2023
only exercisable by the city after a period of time, and ten years is a comment prepayment provision; as the City Manager indicates, a standard bond issue has this exact same provision.
The city’s prior bond issues have all had the same feature and he summarized it correctly.
Councilmember Boles asked if the loan maintenance fees that total over $1 million over the course of the loan are standard as well. She understands loan and origination fees, etc., and she wasn’t quite sure why they have to pay so much year to year over the 30 years.
Consultant Adams stated that this is a standard iBank loan document and they have their program, fees and costs and they pass them through which is probably what is going on.
Councilmember Boles asked if other loans they get typically have such a large overhead maintenance fee on top of the interest they’re paying.
WW Engr. Manager Schlater asked if she was referring to the annual percentage.
Councilmember Boles responded affirmatively.
WW Engr. Manager Schlater thought that was what the question is. As opposed to the 4.36%, is it all-in or an inclusive rate. He stated even if 4.36%, this was a pretty reasonable rate given the current conditions. He acknowledged that her comment was regarding the 0.3% per year annual fee.
Councilmember Boles asked if that was on top of the 4.36%.
WW Engr. Manager Schlater stated it was included in the 4.36%. He stated that the interest rate is 4.06% and there is a 0.3% annual for a total inclusive interest rate of 4.36%. He asked if that answers her question.
Councilmember Boles responded affirmatively, and she asked if that was typical.
WW Engr. Manager Schlater didn’t know if it was typical per se, but the 4.36% total all-in rate is pretty reasonable in this particular economic climate.
Consultant Adams believes that, in their experience, this is a standard iBank fee and they charge it on all of their loans to other cities and is not out of the ordinary but is peculiar to their loan program.
Councilmember Boles asked if there are other banks where we borrow infrastructure funds from that don’t have those fees.
City Attorney Kenyon stated she has seen maintenance fees on a lot of installment loan agreements. The concept of having a maintenance fee is not unusual. She thought she was talking about if it is a standard percentage of a maintenance fee. She thinks they are hearing from staff that, looking at the overall interest rate, this seems like a reasonable interest rate and she thought everyone would agree. She stated that the interest rate at this time in our economy is a very favorable interest rate.
Consultant Adams would concur as, based on his recent experience in the bond market, an overall interest rate such as this which includes the base rate and the fee to iBank is comparable to what you would get if you went out in the bond market for a 30-year bond issue.
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He thought that, if anything, it was a tad bit on the low side.
Councilmember Boles wanted to clarify that they increased the sewer rate and she understands the payments for the loan are coming out of what they are collecting from the public and the sewer rate increase they passed was for five years but it doesn’t go away at the end of five years. She knows the rate goes up every 4-5 years but, at the end of five years, it doesn’t go back to where it was and they still have the money that will continue paying the loan for the next 25 years.
WW Engr. Manager Schlater agreed, and in the next five-year period they will revisit the rate study and performance as it is an element every five years.
Councilmember Boles stated that, looking at the budget that they are looking at later, she is trying to see if they can reduce the loan amount. She asked if they are borrowing the $21 million all at once at the beginning.
WW Engr. Manager Schlater states she is correct.
Councilmember Boles stated that some of the projects won’t be starting construction for a while as they are still doing the design and they will have this money sitting somewhere as they are waiting to fund them as they get started.
WW Engr. Manager Schlater stated that his understanding is that the money sits with iBank but we would draw interest on that money as well.
Councilmember Boles assumed they would draw interest and it offsets the interest being paid.
WW Engr. Manager Schlater wanted to confirm with Consultant Adams.
Consultant Adams stated it is correct, clarifying that, once you borrow the funds, they are your funds and no matter who holds them, all investment earnings are essentially their earnings. He stated we are in an unusual market at the moment as in most cases they are able to invest their bond proceeds, even though it is the 30-year rate they are seeing investment rates which are on the short term of the yield curb, are equal to or greater than their long term rates; he thought it was unlikely they are going to lose money on the investment and probable, if rates continue, that they could make money on the investments.
Councilmember Boles thought that was an interesting arrangement.
Consultant Adams stated it was very unusual as they haven’t seen a market like this in decades.
Councilmember Boles referred to the loan amount in the budget and wondered if we have to take out all this money because they will be stuck paying for it for 30 years. If, out of the $21 million, maybe there is $3 million that they have in our hands now that we don’t have to borrow and can save a bit of interest.
Asst. City Manager Carter wanted to highlight and clarify this was not cash balance. This balance in the enterprise fund includes capital assets and your actual cash balance is significantly lower. She stated, if she remembers correctly, the end of the last audited year, the sewer fund balance cash balance was about $4.7 million between two funds, operating and
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capital sewer funds. Given the magnitude of this project and the number of projects, you need to borrow money.
Councilmember Boles understood. She thinks that is all she has.
Mayor Bigstyck opened public comments.
Remi Tan, Pacifica, expressed his concerns on the sewer rates within the Linda Mar area.
Mayor Bigstyck closed public comments.
Mayor pro Tem Vaterlaus can see why they are borrowing it all at once because the interest rates are volatile and, if they are getting a 4.36% now, the interest rate could go to 5 or 6%.
Councilmember Beckmeyer had a question for WW Engr. Manager Schlater about the useful life of the UV ultraviolet machine. She knows, from the pump station conversation they had that day, that there are often and usually cases where equipment far outlasts its useful life and the useful life for purposes of depreciation, but we maintain the equipment and continue to use it.
She asked if he could make any comment about his expectation around that particular piece of equipment.
WW Engr. Manager Schlater stated that the UV system is characterized, not only by the electrical equipment that supports to generate the energy impart the UV light to perform disinfection but the actual lamps themselves; it is all quite electronic and PLC cards and things of this nature and that is what types of equipment that may, over time, not be supported and the way the structure the BID documents is requiring 25 years for availability for the vendor to support those replacement parts. The challenge is that elements that are technology-based or PLC-based are just innovation is replacing the next generation and that’s just the nature of the industry now with regard to wastewater treatment. What staff has done and continues to do with the existing system is that we are strategically buying in advance, spare lamps, spare PLC cards and other spare purposes. He stated that Dep. Director Aguilar have been doing that for several years. That is a good practice and it will get us over the hump, but they still have to accept the fact that this is the environment that we find ourselves in and it is the best we can do.
Pumps are a different animal as they are mechanical in nature and pumps, even if not properly maintained, can last 20, 30 or 40 years. They are more of a mechanical element than an electrical technology. He asked if that answers her question.
Councilmember Beckmeyer stated it did, and she appreciated his reminder about purchasing the spare parts in advance.
Councilmember Boles is thinking about the ongoing big projects and it bothers her that they are paying double the money they actually need over time. She asked, as they start looking at the next sewer and other capital improvements, if they are making sure they are charging enough for the replacement costs in the future so they can start some savings. She stated that they have a lot of new development coming in and maybe they are charging them enough not just to connect but help pay for the replacement costs in the future and maybe that can help them pay off this loan early.
WW Engr. Manager Schlater stated it was a good thought.
Councilmember Bier moved to adopt a Resolution of the City Council to approve the receipt of
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funds from IBank, in the maximum principal amount of $21,000,000, to finance wastewater system improvements Projects, secured by a pledge of a lien on net revenues of the wastewater system and authorizing the engagement of Jones Hall, a professional law corporation, to serve as a bond counsel, etc.; seconded by Mayor pro Tem Vaterlaus.
ITEM #8
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bier, Councilmember
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
9. Adoption 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 Adoption of an Ordinance to approve Development Agreement DA-3- 20 that would, among other things, approve a development agreement between the City of Pacifica and Pacifica School District (PSD), related to PSD's project to construct 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).
California Environmental Quality Act (CEQA) action: The Final environmental impact report (EIR) was certified and Findings of Fact and a Statement of Overriding Considerations, due to significant and unavoidable environmental impacts that would result from the project, were adopted by the City Council on April 24, 2023.
PROPOSED ACTION:
(1) Waive the second reading and adopt by title only the 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
(2) Waive the second reading and adopt by title only the 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).”
PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Lynn Adams, Pacifica, stated she wanted to give a final report for Earth Day. It was a beautiful day with an incredible response from everyone. They had 1,685 volunteers, collected over 4,000 pounds of trash, 3,500 pounds of green waste and 12,000 cigarette butts were collected on that day. She stated that they reached more than 4,200 students. Also, the volunteers were happy about learning about new species and, once they learn about them, it excites them and calls on them to do more. She thought the VIP tour was amazing, joined by Council, staff, government officials, etc. She stated the key to volunteers is having leaders.
She thanked Council for past and continuing support.
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Remi Tan, Pacifica, stated that Councilmember Boles is doing an amazing job on the airport noise issue. He mentioned some of the concerns and thoughts he and neighbors have regarding this issue.
Irene Lee, Pacifica, stated she wanted to talk about the heritage tree mentioned at the last Council meeting. She expressed her concerns on some trees being considered to be heritage trees that are invasive and made suggested alternatives.
COUNCIL COMMUNICATIONS
Councilmember Boles stated that the airport noise issue was complicated. She stated that there is a noise seminar they are working on and will be offered to the Roundtable members in the next month and to the community after that. She mentioned an app, stopjetdelays.net, that facilities reporting to the noise office. She stated that she has an email group who have been involved for years, with a number working on a letter to support Anna Eshoo’s work with the FAA. They noticed that they are not supposed to turn until they are six miles from the airport out in the ocean, and you can see the ones that turn early. She stated that, if you have one to report, you can email the noise office and they will research it. She concluded that some things we can change and some we can’t. She stated that she and Councilmember Bier had their first ad hoc meeting for the Beach Boulevard Infrastructure Resiliency Project. There will be a postcard mailed and three public meetings. There will be stations set up so people can talk and learn about different aspects of the project and mostly a recap of what happened before and then the project will continue from there. She attended the Council of Cities dinner in San Carlos at a new hanger space; there was a really neat presentation by the city manager and two planning directors of San Carlos, talking about three separate plans for their commercial areas.
She thought it was inspirational that they did a lot of outreach to the public to find out what community spaces they wanted to have as they are getting high tech and biotech that want to come in and build a big campus, and trying to make space for that as well as making sure they leave space for small businesses, and combining different types of businesses, i.e., industrial, arts, gathering spaces, addressing stormwater, is part of their master plan. She went to the Sanchez Art Show. She went on a police ride along with Officer Natalie Walsh which was fun and educational. She went to the San Mateo County Leadership Council gathering and dinner.
They bring people together from all sectors in the county such as city officials, non-profit, business leaders, and you are learning as well as building relationships and problem solving together; they have only been around for a couple of years and are doing good work. She attended the HIP Housing luncheon with Sue Digre and got to have some conversations with some of the non-profit leaders and will have some follow up meetings from that to learn more about what we can do to bring affordable housing to Pacifica. She also shared some fun and resourceful nonprofit organizations whose events she attended.
Councilmember Beckmeyer had an opportunity to attend the pump station tour with the Mayor and wonderful staff who gave them good insight on the working of the pump station and she built on the knowledge that she had from a previous tour. She stated that they had the chance to look at the Anza Pump Station and see the excellent work being done there and almost ready to be completed, and she praised all the work staff has done which she learned from PW Director Petersen. She stated that she attended the Nature and Art Exhibit and was fortunate to run into Cindy Abbott who gave her deeper insight into the pieces and artists and other work they have done. She attended a neighborhood meeting of concerned residents regarding significant tree trimming and tree removal activity in the area above Perez Drive. When she first heard about this, she contacted the City Manager and PW to figure out who was doing it, etc., and it was PG&E that worked to remove trees. What was concerning was there appeared to be
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some encroachment on private property. She had the opportunity to attend her first joint articulation meeting, a group of four bodies in our area that has elected officials (Pacifica School District, Jefferson High School District, City Council and North Coast County Water District) and it was an opportunity for that organization attending with an executive staff member to share information on what is going on and do problem solving. There was light attendance at the meeting for various reasons and there may be some changes in the organization membership.
She hopes the City Manager will keep her and Councilmember Bier apprised as he reaches out to his counterparts of the other organizations to figure out if they are going to keep that model.
She also attended the North County Water District open house to view the conceptual designs for their headquarters update project. She stated that it was beautiful and she was excited to hear about the Sheila Water tank. She attended the Beautification Advisory Committee meeting where a lot of work is being done on the Palmetto Street Scape bumpouts. They had a workday with ongoing effort to get more volunteers involved from the organizations that have adopted the spots to turn out when there are workdays or notify the chairperson when they will be able to do the updating of their spots to keep everything fresh. There is work going on to contact Cabrillo School about the Crespi bioswales. The next Beautification Award process is underway as well.
Councilmember Bier stated that Councilmember Boles explained a lot of things she attended so well which she appreciated. She stated that they had their first outreach meeting for the Beach Boulevard Infrastructure Resiliency Project and she looked forward to seeing the outreach about that project. She attended the Council of Cities meeting in San Carlos and the joint articulation meeting and NCCWD’s open house. She took her 8-year-old neighbor with her to that open house where he learned about all the tanks all over the place, and he came to her today saying that he is in a water poster contest and he will draw what he learned at the open house. She stated they had the Coast Pride Board meeting where they increased the budget for Pacifica Pride, and she asked to consider checking out Coast Pride and see if you can participate in any way. She stated that they are planning the Pacifica Pride event for June 3. They had the Pacifica Collaborative meeting where they were able to give a sendoff to our superintendent, Heather Olsen. They also discussed something they will be doing in the fall, i.e., discussions about race with the Pacifica Peace People. She mentioned that it was the mayor’s birthday and she wished him a happy birthday. She mentioned the Terra Nova Car Show on May 20 and encouraged people to attend it. She went to paint night at the library and Councilmember Boles talked about the free things at the library and paint night is the best where she had a lot of fun.
She stated that on Wednesday is the swearing in of our new Police Chief.
Mayor pro Tem Vaterlaus attended the Life Moves Breakfast, and the speaker was an amazing woman who was in a movie and wrote a book called From Homelessness to Harvard. She attended Council of Cities in San Carlos and attended the Historical Society baseball event.
She stated that the Lieutenant Governor invited people over for a fundraiser which was fun.
She went to Sacramento for four days and met with Josh Becker, Marc Berman, Diane Papan and some other legislators, mostly talking about funding for housing which is important. She attended a meeting with the mayor and staff people and eight people from Caltrans today to discuss so many important issues to us, such as the trees on the highway, debris, grass, turn lane on Hickey to Skyline, crosswalk at Westport in Fairway Drive, all the engineering for the signal lights but our highway is so crowded that the engineering doesn’t always work, just at certain times but not peak hours. They are working on wildfire fuel plan and removing of the sand with so many things. She stated that they are working on some of the things we brought forward.
Councilmember Beckmeyer asked Mayor pro Tem Vaterlaus if she had an opportunity in the Caltrans meeting to talk about the highway signs.
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Mayor pro Tem Vaterlaus stated that they did and they are working on a sign program. They wanted our information for signs within this month and that should be getting close to being accomplished.
Mayor Bigstyck welcomed Mr. Burgett from NCCWD and thanked him for being here. He began stating things are not well for the people in Ukraine. He stated he attended the tour of the Linda Mar and Anza pump houses. He stated it was Juan Castro’s birthday on that occasion and he was grateful that he was there to give them the tour along with many other members of the team. He met with Paul Totah of Tree City Pacifica and they talked about trees. He attended the Life Moves breakfast with Mayor pro Tem Vaterlaus. He wasn’t able to stay but did say hello to a lot of our regional friends. He stated it was important when he can take the opportunity to do so. He was invited by Sara Fields of Life Moves to attend and she was generous to do so and he was happy to come for breakfast. He stated that they had a Peninsula Clean Energy meeting and some highlights they were told about were SB537 which is Josh Becker’s legislation to try and bring a regional component to allow for Zoom meetings.
His understanding of a past committee is that it affects anybody outside of a 50-mile radius which, if this legislation passes, won’t affect us with our current regional issues, but PCE has a membership in Los Banos and that would be very helpful where PCE is concerned for that reason and is a beginning. Should this legislation get through the state, that will be a pilot and one that makes sense within the context that it won’t do us immediate good but some good and might have the ability to be built upon. He referred to a discussion over the nomenclature regarding labor; because PCE has been built upon a strong commitment to union labor, that was a robust discussion to make sure we continue to adhere to that strong commitment going forward. He stated it was a large discussion because they found that, while PCE would like to use union labor in every instance, there are times when the project is small enough that it doesn’t make sense to bring in a union contractor for five different components of a personal residential project when a non-union contractor is able to do the full job. They felt the need to be able to give the flexibility and they had that conversation to make sure they still have that strong union leadership. They also approved a giant lithium ion battery which brings our capabilities closer to bring in solar in the daytime and in the evening working off the battery; it gets us close to that 24-7 energy goal, all clean energy all day long by 2025. He attended Council of Cities and it was good to have County Supervisor Ray Mueller in attendance. He brought a new friend, Councilmember Kevin Park, from Santa Clara. San Mateo County has a tradition of regionally being very strong, very collaborative and working things through together, and he thought it would be helpful for our new friend to see how we do things here and he appreciated and wanted to bring some of the philosophy home with him. He attended only the first half of the Historical Society event around baseball, but it was a wonderfully informative and fascinating history of where Major League Baseball and Pacifica have intersected over the years. He cut it short to attend the Art by Nature show and enjoyed some of those explanations of the various works of art from Cindy Abbott. He attended the Caltrans meeting earlier with Mayor pro Tem Vaterlaus. He thanked Caltrans for all the work they did during the storms. He stated it was interesting to hear about the adapted signals along Highway 1 and they are very helpful during non-peak times. It was also good to hear that they are planning on getting rid of some of the eucalyptus along the highway, which is a huge safety concern, and was glad that Caltrans was being proactive about that. He stated that he spent the last week or so in New Orleans, and alluded to the vacation he needed within 48 hours of being in his other hometown.
He mentioned that he was a Tulane graduate and he regards Tulane University as being his other home town. He stated that this trip was interesting as our City Manager was also attending New Orleans at the same time. As they enjoyed the spirit of New Orleans, which he considered the birthplace of American music, he got to reflect about how much work our City
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Manager is putting in for us. He stated that sometimes the community doesn’t fully appreciate the work he does on our behalf and he wanted to stop and say thank you because we are fortunate to have him and the work he does for us is extraordinary, and takes different viewpoints for what is hopefully the absolute best for our community. He stated changing and shifting as they need to give him new direction because of the nuance they pick up from our community and he was grateful that he wasn’t the only one spending time getting soul food from one of the best places on earth that serves it. He stated that our budget from last year was award winning and he asked the City Manager to bring that up. He stated he sees their new Police Chief, Maria Sarasua, and welcomed her.
STAFF COMMUNICATIONS
City Manager Woodhouse had several communications, some exciting announcements and introduction at the end of his communication. He wanted to elaborate more about actions the city is taking in recognition of Mental Health Awareness Month. He stated that they have lit the front of the Community Center green at night time in recognition. They are performing outreach about the importance of mental health and enhancing awareness with presentations to seniors at the Senior Center and on social media. He stated that they will be having lawn signs and green ribbons delivered to us by the County this week and will put out information if anyone in the community wants to swing by. He stated that employees are using the mental health awareness lime green background they saw in Ms. Tang’s presentation. He stated a significant milestone is coming up on Thursday morning at the California Coastal Commission meeting and it has been a long time coming. He stated, over two years ago, the city began diligent work on a diversity, equity, inclusion focused surf camp and surf school program and Council pointed that to the PB&R Commission. There was a community task force formed with stakeholders and commissioners with a lot of work going into developing that program and then had a lengthy review by Coastal Commission and their staff, and after a long time of negotiations to arrive at terms that would work for the city and be consistent with the PB&R Commission’s recommendation and Council’s direction about that program, it will be going before the Coastal Commission on Thursday. They will be providing supportive comments and answering any questions and hope the program can set a great example across the state for surf camp and surf schools. He mentioned that they have been recruiting volunteers for the Council appointed Measure Y Oversight Committee with the announcements on the back table in the Council Chambers as well as available online and the recruitment closes on Wednesday and encourage the community to make any recommendations for anyone who might be fitting for that oversight committee. Next, he wanted to speak about our distinguished award and he was proud to announce that the city has achieved for the first time in Pacifica’s history the Government Finance Officers Association’s Distinguished Budget Presentation Award. He was even prouder of Asst. City Manager Carter’s work and all the finance staff who made this possible in addition to all the departmental staff, directors, etc., who worked on their departmental budget for the fiscal 2022-2023 year budget they just held up. He stated that last year they made significant structural changes to the budget process and the document including implementing the modified zero-based budget methodology, completely revamping the budget document format to comply with the industry’s best practices, and new budget format includes additional financial schedules, goals, objectives, accomplishments for each department, statistical and other information about the community, visuals and pictures of beautiful Pacifica to spice things up and the outcome and culmination of all that work was the GFOA award. It is quite an achievement and they will be working towards the same for this year’s budget. He wanted to introduce our new Police Chief, Maria Sarasua. She has been busy working with command staff at the police department, as well as meeting people in the community and performing
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outreach. They were happy to have her here and, as mentioned by Councilmember Bier, on Wednesday at 3 pm in Council Chambers will be her official swearing in ceremony.
Police Chief Sarasua thanked the City Manager, mayor and councilmembers, stating she was excited to be present for her first Council meeting as their Police Chief. She was drawn to Pacifica because it is a model of excellence, and credits that excellence with dedicated public servants who take care of our community with care and compassion each and every day. She is excited to work with a dedicated and talented executive team and lead the brave and dedicated men and women of the Pacifica Police Department. She was looking to build upon their strength of an outstanding police department and enhance the delivery of public safety services. She was excited for Wednesday as well as excited to invite the community to be a part of this special occasion.
PUBLIC HEARINGS - NONE.
CONSIDERATION
10. City Council Strategic Planning for FY2023-24
PROPOSED ACTION: Approve the City of Pacifica 2023 to 2030 Strategic Plan Mission, Vision, Values, Goals and Strategies.
City Manager Woodhouse introduced Consultant Greg Larson, gave a brief opening statement of the staff report, then turned it over to Mr. Larson who would present the staff report via Zoom.
Consultant Larson presented the staff report.
Councilmember Boles asked if it was possible to tweak some of the words now, in terms of their comments.
Consultant Larson stated he would defer to the City Manager but Council always has authority to tweak the words they are being asked to adopt if Council majority concurs.
Councilmember Boles wondered if where it says “Pacifica will be an inclusive...” could be changed to “Pacifica strives to be” to imply that they already are and are continuing, which is the focus they want to do.
Councilmember Bier noticed that as well, and she appreciated her bringing it up.
Councilmember Boles also asked if they could alphabetize the values.
Councilmember Beckmeyer thought alphabetizing things is a great idea.
Consultant Larsen completed the staff report.
Mayor Bigstyck opened public comments.
Remi Tan, Pacifica, thanked Council and staff for the comprehensive Strategic Plan, and shared his thoughts on TOT.
Sue Digre, Pacifica, stated she wanted to add to her comments regarding her concerns on
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affordable housing, such as deed restrictions to veterans, and shared her thoughts and concerns on public outreach.
Mayor Bigstyck closed public comments.
Mayor pro Tem Vaterlaus stated she is fine with the word changes.
Mayor Bigstyck stated he thought they have consensus on that. He thought City Manager had direction on that.
City Manager Woodhouse concluded they were good with the mission statement.
Councilmember Beckmeyer also reiterated alphabetizing the values. She also stated one thing they got in public comment was concern about transportation not being highlighted, public transportation specifically. She wanted to check on whether that might be part of the Climate Action Plan activity and not specifically listed.
City Manager Woodhouse thought that was an accurate perception about the development of the Climate Action Plan as transit is one of the areas that is focused on by the state as a primary area for greenhouse gas reductions and we are anticipating that there will be Climate Action and Adaptation plan strategies related to that. He stated that it is not called out in the other strategies but would be in that.
Councilmember Beckmeyer stated she had a lot to say about it, but she wanted to underscore a concern she had regarding the Housing Element update and the short-term rental ordinance update.
City Manager Woodhouse asked if she was asking about the ordinance work related to short term rental.
Councilmember Beckmeyer responded affirmatively.
City Manager Woodhouse explained that the LCP amendment is for the already adopted short term rental cap for which Council has already taken action. Following that is the research and prepared draft ordinance for the major short term rental ordinance revision, where the City would work with Coastal Commission Staff, and following that are the Planning Commission and City Council public hearings, which is the Planning Commission and Council consideration of the ordinance.
Councilmember Beckmeyer stated that brings them to Q1 in Fiscal Year 2024-2025.
City Manager Woodhouse responded affirmatively.
Councilmember Beckmeyer thought that was July, August, and September of 2024.
City Manager Woodhouse responded affirmatively.
Councilmember Boles asked about pulling up each goal from the workplan on the screen and going through each one.
City Manager Woodhouse stated it is Council’s prerogative on how to approach this. He
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reemphasized what Mr. Larson said, i.e., this is a working and living workplan document; the focus at this meeting and what Council is considering is adoption of the mission vision, values, goals and strategies, but the details of the workplan are a staff workplan to implement those.
He stated that they want input, but it is up to Council how much in depth they want to go into the workplan strategies. He stated that they can answer any questions about them and they can pull them up.
Mayor Bigstyck stated he had a similar concern to Councilmember Boles’. He asked if she was suggesting a fine-tooth comb.
Councilmember Boles stated she had a few questions.
Councilmember Bier also had a couple of comments. She returned to the discussion about the mental health resources, and thought it was extremely important that they call out providing mental health resources for our staff. She understood it being put under staff retention but she would like to see a bullet about it because it was what they talk about (staff and community resources for mental health). She is concerned about the overworked staff and she wanted to be sure they take care of them.
Consultant Larson clarified where the mental health resources were currently placed in the goals and strategies, but it was Council’s prerogative to inform staff that they think it is a high priority and could be elevated up more significantly.
City Manager Woodhouse asked if Councilmember Bier was suggesting that something related to mental health be a stand-alone strategy under goal 1 or in strategy A1 in the workplan. He stated that strategy is a bit lengthy but it talks about positioning the city as a great place to work and talks about professional development resources, mental health resources, health and wellness resources and capitalizing on all of those to show that we are an organization that really focuses on and values that.
Councilmember Bier hoped it was sufficient enough to get resources to our staff. She stated that they talked about it in one of the strategies. She sees it in the workplan but she doesn’t see it in the strategies, so she thought it would be worth having it as a stand-alone strategy.
Councilmember Beckmeyer asked how she feels about wellness programs and mental health being paired together, as they mentioned before, some of the issues around getting outdoors and trying to figure out how to make those priorities, take vacation time, as part of appropriately constructing a workplace that takes care of mental health needs, in addition to specific resources that support mental health.
Councilmember Bier thought that was okay.
Mayor pro Tem Vaterlaus asked if she wanted to add that to one and leave it in the community but add it up.
Councilmember Bier stated that is what she was suggesting.
Councilmember Boles asked if they can just add the words, improve staff retention, recruitment and mental health services. She asked if that was okay or prefer it to be a stand-alone item.
Councilmember Bier thought it would be great and they can add the word and that would make
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her feel that she is doing her part.
Mayor pro Tem Vaterlaus stated including community mental health resources.
Mayor Bigstyck confirmed with the City Manager.
City Manager Woodhouse stated he is hearing some thoughts about, in goal 1, strategy A, to say something like improve staff retention, recruitments and mental health and wellness resources and increase staffing for rising workloads.
Councilmember Bier thanked him and appreciated it. She stated she had another one on the same page. She thought where it talks about urban forestry, tree canopy inventory and projects, she felt there were a few different things in there and she thought it would help her understand it more if they were separated out.
Mayor pro Tem Vaterlaus and Mayor Bigstyck agreed.
Councilmember Boles stated it did strike her that roads were missing from Goal No. 2 and she knows there is a sub goal for that which is at the bottom even though they have to do it next year in the five-year streets improvement plan.
Consultant Larson stated that, at Council’s last workshop, under Goal No. 2, city infrastructure and facilities, there was a discussion about the next update to the streets master plan and that was identified as an issue that they referenced would be coming back to them in 2024 as a strategy to be at a den and it wasn’t right to add it at this time as it is too early to start that work.
Mayor Bigstyck thought, if hearing Councilmember Boles correctly, it was falling in the right place but it seems that a goal regarding street conditions is what she has in mind.
Mayor pro Tem Vaterlaus referred to continuing the street improvement projects.
City Manager Woodhouse thought their approach to the workplan was that one of the ongoing non-discretionary previously initiated projects and services is our streets plan and the next year is the year when they need to begin preparing the next five year plan, and it is an ongoing nondiscretionary workload. He stated that this goal is tricky because there are so many capital projects that are non-discretionary, preapproved and ongoing, so we don’t list them all in there, but they are all in the CIP which they will be discussing later this evening.
Mayor Bigstyck heard him suggesting that what is not discretionary, is not appropriate for a goal and not necessary to be called out as goals since they are already ongoing.
City Manager Woodhouse stated that was mostly correct, as there are some non-discretionary or pre-approved projects, etc., that if they fall into one of the strategies that Council identified, they put it in there as the workplan but there are others that don’t fall squarely under those strategies and they fall under that grey box at the top of the workplan which is all the nondiscretionary pre-approved projects, etc.
Consultant Larson suggested that, in Council’s discussion, they explicitly call out these streets improvement plan continued work on that as ongoing work like they have with the wastewater work, civic center renovation and the ADA work that the Council is communicating to the public and the public wants to know that work is going to happen.
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Councilmember Beckmeyer asked if it was appropriate to update the goal to say “city infrastructure, streets and facilities.”
City Manager Woodhouse thought that was a great point.
Councilmember Boles thought it was good to be somewhere to make sure that the public knows Council is hearing them. She also agreed with Consultant Larson’s suggestion.
City Manager Woodhouse stated he is hearing the thought to add streets to the actual wording of Goal No. 2 and add the five-year continuation of the streets plan in the non-discretionary box at the top to be explicit about that.
Mayor pro Tem Vaterlaus asked for an explanation on the PEG fees.
City Manager Woodhouse stated that the PEG item is related to public communications; they have an outdated and non-current agreement with Pacific Coast TV and they need to update that agreement. PEG fees are the fees that come with community cable to the city and then are used for city technology needs to facilitate communication and collaboration, and they’re used in part to fund the local cable access station. He stated that it is governed in federal law. When they renew the PCT agreement, they will bring information forward about the PEG fees that come to the city and how they’re disbursed, and Council can discuss it at that time. He reiterated that it is important that they need to update that agreement, review those fees and how they’re used.
Mayor pro Tem Vaterlaus concluded they are public, educational and government fees, designated only for capital expenditures that finance day to day operations of public access channels.
Councilmember Bier asked if it was possible to remove the section referencing use of PEG fees.
Mayor Bigstyck stated it wasn’t an item they have discussed prior and he feels that, as a Council, they may not all be on the same page. He asked when staff and PCT meet to reevaluate that agreement, would it be a good idea to tap our liaison to PCT along with that conversation so there is a robust understanding across the board as they engage in that process.
City Manager Woodhouse stated that Council can direct whatever wording they want, but it is his goal in these tasks to be transparent about what the issue is that will be coming before Council; when they are looking at the PCT agreement, they also need to look at PEG fees and the technology needs the city has for communication to facilitate hybrid meetings. His goal is that, if you don’t include that in there and when it comes forward and suddenly there is a discussion about PEG fees and the task in the workplan didn’t say that, which is why he included it in there, but it is up to Council to decide what wording to include.
Consultant Larson added that what was being presented in the last workshop was Council reviewing action on the goals and strategy, not on the workplan language, because that changes based on resources. He didn’t think a motion or action is needed, but staff always wants Council guidance on problematic language or concerns Councilmember Bier understands that, adding that it is in front of them, and she will take this
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 20 May 08, 2023
opportunity to talk about it. She stated that the whole statement doesn’t seem very supportive.
Mayor Bigstyck stated that he is having a hesitation in knowing what PCT just experienced to finally establish their physical place which was a long-fought battle and now, at the cusp of being able to flourish, he has a concern that they might take away the tool they need to make sure we have that resource in our community and some of the concern he is hearing on the dais has something to do with not knowing exactly what this work item entails. There is concern, given what they feel the community just went through to get PCT to where it is, a place that represents us and enabling us to be as transparent as we wish to be. He feels that the more they engage their liaison to PCT in that process, that might ease that concern substantially among them.
Councilmember Beckmeyer referred to her earlier comment of trying to pinpoint and have a better relationship from the calendar and concluded it is July to December of 2023 is when they are going to be undertaking this workplan.
City Manager Woodhouse agreed, adding that PCT and city staff have been talking over this last year about the need to update the agreement and that is the goal. He stated that there are lots of questions as he has talked with Martin about PCT offering lots of services, as we used them during COVID-19 and there is a lot they can be doing with PCT and they want to modernize all of that, and that is to amend the agreement regarding services and they can take Council’s direction if they want to take use of PEG fees out, but at the same time of doing the agreement, they need to talk about PEG fees as they need to make sure they are being used appropriately which is the core financial component part of the discussion of the agreement with PCT. He concluded that they can use whatever wording Council prefers.
Councilmember Beckmeyer would like to honor the comment from their liaison to PCT. She agrees with her that it is a hot button issue. She also thinks, from what she knows about it, there seems to be some discontinuity between the federal and state on this issue; although it is an FCC controlled issue, there is some discontinuity. At the time it is brought forward, she suspects our city attorney will give Council a full briefing on exactly what it means, interpretations, how implemented in other cities, etc.
City Manager Woodhouse stated that he is hearing interest in taking that out “and use of PEG fees” but leave the rest in.
Councilmember Beckmeyer responded affirmatively.
Councilmember Boles would like to understand the priorities for the Planning Department in the different years. She knows the Local Coastal Land Use Plan has to be done this year and the Sharp Park Specific Plan will follow after that as it needs to comply with the new LCLUP and the quarry would also follow for the same reason. She understood there was some work being done simultaneously, but she thought it would be nice to have a breakout of priorities and what staff is focusing on at specific times.
Councilmember Beckmeyer wanted to ask a clarifying question on this, possibly to Planning Director Murdock, regarding zoning code amendments flowing from a LCLUP.
Councilmember Boles thought there were some zoning issues they need to go through after the General Plan update.
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 21 May 08, 2023
Mayor Bigstyck was also curious if this was a general list of Planning Department priorities.
City Manager Woodhouse stated that, going back to intent, a lot of these, you have one box about all of our wastewater projects and is a very high level view of the workplan and not intended to be in the weeds. They thought it was important enough to call out, for transparency, the particularly high level and time-consuming tasks like the LCLUP, Sharp Park Specific Plan which is an LCP amendment, the quarry site specific planning process and a multitude of zoning code amendments.
Councilmember Boles thinks part of it is wondering if they can take some load off Planning, like the quarry. They will be hearing the reclamation plan soon but the work is a 5-year project. She thought the quarry specific plan may not need to start for a couple of years.
Mayor Bigstyck stated that they are looking at a 7-year plan.
Councilmember Boles agreed, adding that it is all lumped together and this only goes through 4.
She stated that it is a suggestion and, if they don’t think it’s necessary, she thinks it’s okay.
City Manager Woodhouse stated the quarry site specific plan work is the result of previous Council direction on Council priorities for numerous years to begin as soon as the quarry reclamation plan is approved. It is going to be a lengthy community input/engagement process and is a very central project and planning process to the city’s economic sustainability.
Mayor Bigstyck was comfortable leaving it as it is currently.
Councilmember Bier understood where Councilmember Boles is going with that, as for her it would be nice to talk to the public about what is happening now, what will happen later, and maybe they can request more details about it moving forward. She stated that would help her a lot as she gets a lot of questions for which she doesn’t have an answer all the time.
City Manager Woodhouse thought that was an accurate comment as all of these tasks have numerous Council meetings and public communication documents; they are all very significant pieces of work they are doing, communicating with the public in public meetings and Council and Planning meetings, and in the process of any specific project, there is all of that communication that occurs. This is a very high-level workplan to balance our resources and work they are doing for the next several years.
Mayor Bigstyck mentioned it occurs to him that this is essentially the list of things they aren’t discussing at this time because the discretionary workplans that follow the non-discretionary workplans fall under various goals and strategies.
Councilmember Boles stated one comment she had on No. 2 was one of the goals was to complete collected storm water and flooding improvement citywide. She remembered their drainage study that identified three priority areas, Linda Mar, Sharp Park and Monterey Big Inch Creek, and only Linda Mar is on the workplans for this year. She understood it was a priority with sewage issues and public health, but she didn’t see the others on there to be considered in future years.
Mayor Bigstyck made suggestions to the workplan to reflect that, and Councilmember Boles agreed.
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 22 May 08, 2023
City Manager Woodhouse stated that they could add a row that talks about future storm drainage improvements and probably as well ongoing fundraising strategies for those. He stated this is an area where they don’t have funding and will have to seek grant funding for these projects or take tiny bites as they can afford it in their budget approvals.
Mayor Bigstyck stated they had consensus.
Councilmember Boles referred to Goal No. 3 regarding additional joint study session of Planning Commission and City Council after HCD comments. They specifically said “during” so they aren’t losing the time which is the direction they gave and she was concerned about that word.
She stated that, if they want to cross it out completely “after HCD comments,” that was okay with her, but she wanted to talk about it a little bit as she has a few concerns if this gets put off as they are under a short time frame to get the Housing Element and zoning updates complete for the end of January. She stated that, in this document, they say they are prioritizing the economic opportunity study but there are conflicts between some of the sites in the economic opportunity study and the Housing Element, such as the Linda Mar Park & Ride is identified as 54 units of low-income housing in the Housing Element and it’s identified in the economic opportunity study as commercial, hotel, restaurant. The second point was the zoning code updates are not just about changing commercial to residential and this is our opportunity to ask for public benefits when we’re rezoning; once they change something, such as the Sea Bowl cite, from commercial to residential, they don’t have the negotiating power anymore because state laws for housing are so strong that they won’t be able to ask for those things. She thinks these discussions are important and they will take a while, whether study session or ad hoc committee, and she spoke with Planning Commissioner Hauser about it and she was offering for the Planning Commission take it up and take a first pass. She asked how they can engage our community and how they can move it forward and make sure we have a document that not only serves HCD but also our public and our developments moving forward.
Mayor Bigstyck stated, as bringing up the LCP, he didn’t think it was first one and then the other but might be both to some degree. He stated that, when they had that joint study session discussion, they were ending on the note that there is strong consensus among both boards that they would really like to have that discussion. As he was requesting that discussion simultaneously, he mentioned if it’s doable; it would be good for staff to come back to Planning Commission Chair and him to let them know whether or not that conversation can reasonably happen before the HCD comments are returned. He is aware of one or two Planning Commissioners who have been following up on their side, but it might be a good opportunity to have an update from staff of where we are and are we able to have that conversation before HCD comments, or is it not feasible because that was where he left it at that meeting. He thought it would be good to have that discussion now to know what they’re working with.
City Manager Woodhouse wanted to make sure they are talking about the strategic plan and staff workplan for the next fiscal year, July and beyond. He stated, as Council directed, they will evaluate the next steps in parallel to HCD review of the Housing Element which will happen before the end of this fiscal year and a discussion about what the steps are sooner than before the end of the fiscal year, probably the next few weeks. He stated that this workplan is not about that nor is it about the details about the very specific steps related to the Housing Element. He wanted to point out that it is intended to be high level so, when they are talking about phase one zoning ordinance amendments, not talking specifically about the content of those as that information will come from Council dialogue as they go through the process on those projects. At this time, they are not talking about the specifics of the Housing Element steps, but about Council’s strategic plan.
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 23 May 08, 2023
Mayor Bigstyck hears him and since the nomenclature is specifically “potential additional joint study session,” he wondered if they can take out the last three words “after HCD comments.” City Manager Woodhouse stated that this is, after July, that they anticipate that when they get HCD comments back, they will need another potential joint study session with Planning Commission and Council which is a very specific task that will require a lot of staff work and preparation and they are saying that there will be a potential for that joint study session after HCD comes back.
Mayor Bigstyck appreciated that clarification. He heard what Councilmember Boles said and he appreciated that it was helpful to be reminded of the timelines of those in front of him but those that aren’t shown in front of him.
Councilmember Boles noted that originally, after talking to the City Manager, she thought staff preferred to wait until they had HCD comments before having this meeting which could be in three months. She heard from several people that they are taking the full 90 days and that would put them in the timeframe if they are not having study sessions before. She thought the time was critical and she wanted to be sure it didn’t get lost.
Mayor Bigstyck asked if she had anything else on Goal No. 3.
Councilmember Boles did and asked if someone can explain the difference between the two different steps in the rezoning and the language they are working on.
City Manager Woodhouse stated that on information about this week, they will be preparing a longer more detailed workplan about how to proceed with all these steps in the Housing Element. They have such a tight timeline to meet state deadlines by January 31, 2024, that the phase 1 of zoning is going to be really focused on the regulatory compliance zoning ordinance amendments that they need to make to meet that timeline.
Mayor Bigstyck thought, if they are discussing one of these items, the question is whether it supports the goal. He looks forward to hearing the answer also but he thought some of the answers might have to do with when they hear the item later rather than answering all of them now because that goal is an appropriate work item for that goal and understanding it is fine but there may be more appropriate venues to seek a full understanding, whereas now they are evaluating more than less whether or not these items are supportive of the goal. He stated that, if not, they should definitely discuss that.
Planning Director Murdock stated that he will do his best to simplify what is a complex set of planning challenges facing the city over the next 12-18 months. Taking a step back from the Housing Element, Council enacted a new 2040 General Plan in July 2022. They would ordinarily undertake a lot of rezoning to change zoning classifications and do detailed zoning work to implement the General Plan but they didn’t have that luxury given where their General Plan update fell in relation to our region’s adoption timeline for the sixth cycle Housing Element.
They had to shift gears immediately, hit the pause button on more general and conventional zoning work that would follow a comprehensive general plan update and focus on preparing the Housing Element. He stated that the challenge was compounded in terms of the Housing Element process, given the compressed timeline to do the work and the deadline that they were not able to achieve, in terms of Housing Element adoption, which put them on a 12-month rezoning timeline to implement their RHNA. He stated that the phase 1 zoning program will do
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 24 May 08, 2023
is focus on the minimal legally required rezoning, i.e., changing the zoning classifications and making General Plan amendments to the parcel themselves to accommodate the particular densities needed to implement the RHNA. In the best case scenario, they would ordinarily do that combined with more detailed objective standards work and bring a package through for Housing Element related rezonings. They don’t have the luxury of time to do that, particularly with the amount of time it takes to do a thoughtful comprehensive objective standards development recreation process and that is why they had to necessarily break it into a phase 2 and once they complete phase 1, which is the minimally required legal rezonings for the Housing Element by January 31, 2024, they then have the phase 2 to do more in-depth objective standards zoning work.
Councilmember Boles asked for clarification on objective standards versus community benefit.
Planning Director Murdock stated that traditionally, objective standards mean quantitative zoning standards that are specifying things such as building height, lot coverage, floor area ratio, and can get into architectural or design related objective standards, such as percentage of glazing and minimal building setbacks, etc. He stated that what that process will take shape to be for staff remains to be seen as that is part of developing the workplan for phase 2, the community engagement, Planning Commission and Council engagement processes on that really robust zoning work. He imagines it will be more fully fledged that a minimal accomplish the legal requirement phase 1 zoning process which is what needs to happen in relatively short order to comply with state law related to the Housing Element.
Councilmember Boles wanted to confirm what she said before, i.e., if they want to impose certain community benefits on lots they are rezoning, that should be part of the phase 1.
Planning Director Murdock stated that he needs to know more about what she means about community benefits. He stated that, more often than not, community benefits come up in a different context, a negotiation for a development agreement that might allow a developer greater development potential than the baseline land use regulations. He thought she might mean making sure there are appropriate parkland areas or other community-oriented uses that are accommodated in the zoning and that is a different conversation and one that is a bit challenging to have in his opinion in the compressed timeframe where they have to do the environmental work as well as the technical work and the hearing process in less than a year at this point. He stated that they can confer as a team and figure out to what extent they can ensure there is a conversation that happens related to that before they have to do the minimally required rezonings for the Housing Element.
Councilmember Boles thought they can talk about that when they bring it back.
Councilmember Beckmeyer asked that they should as she had similar clarification needs as Councilmember Boles. She asked if they could put a pin in it to make sure that, when it does come back, they are addressing the point that she is bringing forward as she thinks those community benefits like parks and other community serving resources.
Councilmember Beckmeyer followed up regarding a public comment inquiring about the inclusion or not of TOT as a possible funding strategy. City Manager Woodhouse responded affirmatively.
City Manager Woodhouse stated, if the mayor would prefer, he can review the notes he has about and for Council’s motion, what is before the Council is adoption of the strategic plan which
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 25 May 08, 2023
includes the mission, vision, values, goals and strategies and the comments and notes that were made on the workplan were noted by staff and that is not an action for Council adoption at this time. The specific changes were under vision to say “Pacifica strives to be inclusive,” etc., alphabetize the values; goals 2, to add “streets” after “infrastructure”; goal 1, strategy A, to have it say “improve staff retention, recruitment and mental health and wellness resources and increase staffing for rising workloads”; then goal 4, strategy B, he believed the wording could be “continue the urban forestry management plan, tree canopy goals, inventory and projects.” He asked if he missed anything.
Mayor pro Tem Vaterlaus moved to accept the Strategic goals with amendments as stated by City Manager Woodhouse.
City Attorney Kenyon stated she was approving as amended by staff.
Seconded by Councilmember Beckmeyer.
ITEM #10
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
City Manager Woodhouse wanted to offer for Council consideration that perhaps they move the iBank financing item (Agenda Item #8) that was previously moved from consent to the last item on consideration that they move it next of the next three items.
Mayor Bigstyck moved the iBank financing item (Agenda Item #8) to be the next consideration item; seconded by Councilmember Bier.
Mayor pro Tem Vaterlaus asked that they do the budget last and the BID because they do have members of the public waiting to speak about the BID.
Mayor Bigstyck retracted his motion.
Mayor pro Tem Vaterlaus moved to do the iBank (Agenda Item #8) and then the BID (Agenda Item #12) and then the budget (Agenda Item #11); seconded by Councilmember Beckmeyer.
REORDER THE CONSIDERATION ITEMS ON THE AGENDA
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Mayor Bigstyck moved to extend the meeting to 11:30 p.m.; seconded by Councilmember Beckmeyer.
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 26 May 08, 2023
EXTEND MEETING TO 11:30 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Mayor
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
11. Proposed Fiscal Year 2023-24 Base Budget, budget strategies, and the Introduction of the FY 2023-28 Capital Improvement Plan.
PROPOSED ACTION: Accept the report and provide feedback and direction on the proposed Fiscal Year 2023-24 Base Budget, budget strategies, and the Introduction of the FY 2023-28 Capital Improvement Plan.
Asst. City Manager Carter presented the staff report.
Mayor pro Tem Vaterlaus moved to extend the meeting to 12:00 a.m.; seconded by Councilmember Beckmeyer.
EXTEND MEETING TO 12:00 AM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Councilmember Beckmeyer had one question regarding the unfunded actual allocated liability for the pension. She also asked if she can go over the vehicle license fee part again, as she knows the state has been paying two years out, but it sounds as though we aren’t counting on getting those funds this year as it wasn’t on the governor’s budget.
Asst. City Manager Carter stated that is correct as of now. She stated that they received the large back fill payment in the current fiscal year and why they see the fee difference in this one.
It may change as the governor may revise the budget. They have to bill their base budget based on what they know as of today.
Asst. City Manager Carter then turned it over to PW Director Petersen.
PW Director Petersen stated she is joined by PW Dep. Director Roland Yip for Engineering who is overseeing the CIP for Field Services and Milagra engineering and PW Dep. Director Maria Aguilar who is overseeing our wastewater division is in the audience and WW Engrg Manager Schlater. She then continued the staff report.
PW Director then turned it over to PW Dep. Director Yip regarding capital projects. PW Engrg Dep. Director Yip continued the staff report. He then passed it to PW Dep. Director Aguilar.
PW Dep. Director Aguilar continued the staff report. PW Director Petersen continued the staff report.
Mayor Bigstyck asked what the third discretionary project was.
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PW Director Petersen stated that it is the Grace McCarthy overlook, which was for $25,000 to try to help with some of the infrastructure problems at that location.
Councilmember Boles had a general question about the disaster accounting fund. She stated we had a lot of rain in the winter and that delayed the civic center project and she sees that as a disaster, but she referred to other things like reroofing. She asked if the fund was specific for disasters versus maintenance and are there restrictions on how we use it.
PW Director Petersen thought, unfortunately, some of our infrastructure in Pacifica is left to the point where it is beyond maintenance and it has come to where, if we don’t take care of it, it is going to be a health and safety issue and that is where they are coming from when allocating the disaster accounting funds to some of those projects. She stated, if they got on maintenance earlier, that would be more desirable and as the city addresses that in the future, that would be the goal, but a lot of these projects do need to be addressed immediately because of those issues.
City Manager Woodhouse thought the history of Fund 38, the disaster accounting fund does relate to prudent saving of money for disasters when, in 2016, there were significant sea wall breaches, etc. He thought it was prudent for any city to be prepared with funds dedicated to that or reserves that can be applied to those kinds of disasters. He stated that, over the years, they have had to use the disaster accounting fund for those projects and the Council has made other policy decisions to apply some of those excess ERAF monies they received from year to year but not guaranteed. When they receive them, they are intended to fund certain things and the balance goes into the disaster accounting fund. He stated that it has become a fund that can be used for very important priority projects, including if there were sudden disasters. He thinks PW Director Petersen was saying is that Pacifica is at a point where its infrastructure is beyond maintenance and essentially disaster. He stated that is the rationale behind why the $1 million was part of the funding strategy for the civic center rehabilitation project that was taken out of the disaster accounting fund and why he is recommending that it is appropriate to also take the $6000,000 this year out of that fund. He stated that there is no legal restrictions on how it’s used, but policy wise, it is intended for those extreme maintenance/disaster or actual natural disaster fundings. He then continued the staff report.
Asst. City Manager Carter completed the staff report.
Councilmember Bier moved to extend the meeting to 12:30 a.m.; seconded by Mayor Bigstyck.
EXTEND MEETING TO 12:30 AM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bier, Councilmember
SECONDER: Tygarjas Bigstyck, Mayor
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Councilmember Boles was not understanding where labor negotiations and those additional costs go in. She understands they have a budget surplus of $1.2 million, and she asked if things get adjusted later on. She stated, while they are saying to allocate the money now, it might have to be revisited later, and she asked when that happens.
Asst. City Manager Carter confirmed that labor negotiations are not included in the base budget.
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 28 May 08, 2023
City Attorney Kenyon advised there should not be references labor negotiations at all.
City Manager Woodhouse stated it was important that the $650,000 from this year’s Measure Y is one-time money and that can’t fund ongoing costs and that is why it is appropriate for a capital project. Labor is not included in any of these recommendations.
Asst. City Manager Carter added that, regarding the one-time money from Measure Y, the $650,000 that they want Council to allocate to the CIP are projected for this fiscal year. They are going approve the strategies and they can allocate to funds or not. If they don’t, they will fall back to the general fund balance. She stated that the fiscal year 2023-24 is not affected by this decision at all.
There were no public comments.
Mayor Bigstyck referred to the $650,000 and stated he thought it was an opportunity for the design for the lower Linda Mar storm drain master plan and, if they have that design in their hand, it is conceivably easier to find the grant funding for the $5.5 million for the project.
Councilmember Beckmeyer thought the City Manager has proposed an additional allocation from disaster accounting fund of $350,000 from Fund 38.
City Manager Woodhouse clarified that the $350,000 is for the Anza Arguello interim storm drain upgrade project and that is different from the lower Linda Mar $6 million larger project that the Mayor is recommending. He stated that one of the challenges is that they don’t think they have the staff resource capacity to initiate that design project this year, given all the other CIP projects they are working on, as well as interim Anza-Arguello storm drain upgrade project.
PW Director Petersen stated that they definitely have staff capacity issues and she wanted to point out that two of the projects they have added to their plate is the Anza-Arguello interim storm drain upgrade project and that is related to the flooding down in Anza-Arguello. She stated that Linda Mar storm water pump station rehabilitation project for $350,000 is added as well. She stated that both of those projects are addressing concerns in that area and those are two projects that staff is having to move forward. If Council wanted to additionally add on the design, that would be another project for staff.
Mayor Bigstyck is sensitive to the fact that, when they have big projects in the storm drain master plan, that doesn’t necessarily mean it gets funded. In his mind, doing the design means they might actually get the funding. He sees they have five different projects addressed in that neighborhood to try to immediately reduce the probability of that happening.
Councilmember Boles asked if some of that money could be used to hire another staff person or is the difficulty just recruitment and being able to find someone.
PW Director Petersen stated that, ultimately, they will do whatever Council wants as they can see what their workload is; if it’s Council’s desire to move that forward, they would do the best they could to do it.
Councilmember Bier stated that the Measure Y is one-time money so that couldn’t fund a position.
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PW Director Petersen confirmed.
Councilmember Bier asked if they can explain where the money was before in the former budget when they took it out, specifically the $650,000.
PW Director Petersen stated that the City Manager’s recommendation at mid-year was to take some of the areas that did not see any street resurfacing in the 2020 five-year street maintenance program which includes areas like Pedro Point, Vallemar, Rockaway, some areas in East Sharp Park.
Councilmember Bier appreciated that. She stated that just the thought of having something to address those areas in our city is super important and she lived in one of those areas and that is all she ever hears about, which is when they’re going to pave the streets. She stated, if there is even a little movement in the areas, that is something that people will see that the city is doing.
She stated that, if she had her way, she would put it back to where it was before.
Councilmember Boles is fine with that also, but she was worried about whether they will need other money for labor as Measure Y is also for that.
City Manager Woodhouse reiterated that the $650,000 that is being raised as they speak in this quarter of this fiscal year is essentially one-time money because it wasn’t anticipated in this year’s budget. The Measure Y revenues of $2.8 million estimated for next fiscal year are ongoing revenues built into the budget revenues that they are presenting to Council and there is the difference with ongoing costs. He wouldn’t recommend using one-time funding (this $650,000 from this quarter of Measure Y) to fund ongoing future costs; that is why the prime rationale is that it goes to a capital project.
Mayor Bigstyck is hearing exactly what Councilmember Bier is saying and why he brought up these five projects that address lower Linda Mar as that shows movement for the aim of helping them. If they wind up going to road paving, everyone is going in the positive direction.
City Manager Woodhouse stated that there are two potential funding sources that they are looking at the $650,000 related to the design of the lower Linda Mar storm drain project; one is that he updated Council that Senator Berman had requested for designated funding as the state may consider one-time funding. That was one of the projects they submitted to them. The other is that they are going to keep their eyes on federal infrastructure grant funding as well as updating their legislators Becker and Berman about our need for the storm drainage funds.
There could be potential future grant funding or state funding that they can get for that and that is what they are striving for. He stated that, for extra street projects that they are talking about, there are not state or federal grant funds that can go towards those projects as that has to be local money.
Mayor Bigstyck referred to the $350,000 interim project, and asked if it might help them get a grant to do the design phase.
PW Director Petersen stated that project is just improving the storm water infrastructure in that area to help prevent flooding of Anza-Arguello.
Mayor Bigstyck asked do they need to have an answer on it at this time.
City Manager Woodhouse thought it would help to have direction at this time on this item.
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Councilmember Beckmeyer pointed out that they had public comment earlier about the need to allocate funds in a way that is addressing needs across the city; she thought the streets project is such a fund and need, as they see the need everywhere as Director Petersen pointed out.
She stated that her vote is streets.
Councilmember Boles stated she was okay with that.
City Manager Woodhouse stated he is hearing a majority view about this but he wants to confirm and get direction on this before they move on to other strategies.
Councilmember Bier agreed.
Mayor Bigstyck stated he has direction by consensus.
Councilmember Boles wanted information about the money for the Pacifica Resource Center and Beach Coalition. She stated that someone told her that for the Pacifica Resource Center funds we have been giving them the same amount since they were started and can they consider giving them a little more.
Mayor pro Tem Vaterlaus stated she would like to see the Resource Center budget before they give them more as a lot of the money that comes from the county goes to the Resource Center.
City Manager Woodhouse stated that, on this topic, he has not seen specific requests and pro formo and budget information from the organizations to change what has been Pacifica’s practice for a long time. It has always remained at that amount. He stated that, separately related to the Resource Center, the city is in partnership with them in funding the temporary safe parking program with a significant amount of city funding for that. He stated that the other point at a policy level for Council to consider is that these two organizations are not the only nongovernmental organizations in town. He stated that, if they open the door to change levels of funding, staff has never been directed with the task of analyzing and bringing forth information about all the ones that might be interested in funding and they haven’t put out any solicitations for those NGOs, etc.
Mayor Bigstyck believes they should bring more revenue to the PRC as he thinks their work is amazing and they can use all the help they can get, but he is very uncomfortable in this moment in time of having that discussion about giving them more money. He thinks the way they have partnered with them in terms of safe parking program, and is the city giving them above the stated amount. He thought they were serving the PRC well right now to keep them exactly where they are while we make sure we are going to be able to provide a road somewhere or allow for the possibility of that neighborhood not flooding and, while he has wanted to have that conversation about 12 years, he didn’t think this was the time.
Councilmember Bier wants to have the conversation and she can guarantee that they will bring it up again, but she didn’t know if this meeting was the time to bring it up.
Councilmember Boles stated that she didn’t know if the PRC has asked for more money, but Ms. Adams has requested that they consider $10,000. She stated that it is double, but it isn’t much money.
Councilmember Beckmeyer had a comment about another funding strategy with regard to
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 31 May 08, 2023
strategy 5, a different element of the NGO conversation and, to answer the City Manager’s question about whether we want to allocate $1.75 million to the affordable housing fund, $1.75 million of the ERAF or not. She was in favor of doing that as she thinks it is consistent with our strategic goals.
Councilmembers Boles and Bier agreed it was a good start.
City Manager Woodhouse stated he is hearing consensus on that strategy.
Councilmember Beckmeyer then referred to strategy 3. She stated that this project was always going to be a little uncertain in terms of what they are going to find when they get the walls off.
She still worries that there may be more needs coming but it seems like we are substantially at the point now between the foundation work we’ve done and the other rot that had to be addressed. She feels it is an important investment and she would support strategy 3.
Councilmember Boles agreed.
City Manager Woodhouse is hearing consensus on strategy 3.
Councilmember Bier asked if they can start with strategy 1.
Councilmembers Beckmeyer and Bier liked the idea of utilizing interns and wanted to remove the “younger” phrasing.
Asst. City Manager Carter stated that they already removed the phrase from the presentation.
Councilmember Boles agreed with those, as well as the other two, just having funding for contract planning and charging for the fees for a short-term rental management.
Councilmember Beckmeyer asked if they anticipate that in No. 4, i.e., it would be folding in the code enforcement cost to the best of their ability to assess what that is and into what the STR fee proposed would be.
Asst. City Manager Carter stated that they already started some research into what other cities have charged in the cities that do have permittees which we currently do, but ours is relatively low . They started to do this research so the idea is to increase that fee to beef up our code enforcement division within the city and we can take home the enforcement of the STRs.
Mayor pro Tem Vaterlaus clarified violations and all of those fees would be much higher.
Asst. City Manager Carter stated that the idea for the STR permit fee to cover that service to provide additional enforcement of the STRs.
Mayor pro Tem Vaterlaus asked what figure she is thinking about.
City Manager Woodhouse stated funding more code enforcement resources. Right now, our code enforcement officer spends a lot of time on STR enforcement and that can be funded out of this permit fee as well as other related staff costs for the enforcement.
Asst. City Manager Carter stated that it can potentially fund another code enforcement officer.
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Mayor pro Tem Vaterlaus asked what a rough estimate of the permit fee would be.
Asst. City Manager Carter stated that Council previously made the decision to cap STRs at $150 and, if her math is correct, they are looking at $1100 permit fee roughly.
Mayor Bigstyck stated it sounded like they have consensus on No. 1 and additionally confirmed consensus on No. 2. He then stated that it leaves them with No. 6. He stated that this year, he was moved to attend three different Council city events and he thought that came well under the 7K mark.
Mayor pro Tem Vaterlaus and Councilmember Beckmeyer mentioned various Council events as well, and Mayor Bigstyck agreed and added on.
City Manager Woodhouse discussed the costs of attending events and advised that each Councilmember should manage their own training budget. He stated that they don’t have a per employee professional development budget, but they would like to move towards that in the future. He stated that you can go to more trainings but, if you see that budget, you might have to pay a bit out of your own pocket. He stated that is the high level policy driver on this and they can play around with the dollar amount and they currently have about $26,000 budgeted, related to training conferences and travel for Council and this total amount is not a big increase over that but they need to be mindful of what is a reasonable amount.
Councilmember Bier thought it was a good idea as it evens it more.
Councilmember Beckmeyer stated she would have a little bit of a challenge and have to work out her figures as she is on the Coastal Cities group and there is an expectation that cities will pick up the cost of travel for those obligations so that would come out of her training budget.
City Manager Woodhouse stated that those are workshops or conferences that happen and it does fall into that same bucket.
Councilmember Beckmeyer stated that is something to consider for councilmembers that take on anything that is a statewide category.
Mayor Bigstyck moved to extend the meeting to 12:45 a.m.; seconded by Mayor pro Tem Vaterlaus.
EXTEND MEETING TO 12:45 AM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Mayor
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
City Manager Woodhouse stated that typically a city might have a fairly complicated policy that addresses this and says there is a category of travel that is non-discretionary as you are appointed to a board and have to go to the meeting in Southern California, etc., in conducting your duties, so he took the simple approach for this budget year to get this rolling. He stated that it could be Council’s direction throughout the course of next year that we might want to bite off developing a more robust policy about this issue and, in parallel, they could develop it for employees’ professional development that fits into one of Council’s goals and strategies to do
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that but, in the time constraints to get something in place, that was his approach.
Councilmember Beckmeyer thought it was fair enough and felt this was a good starting place.
City Manager Woodhouse stated that another easy component to this could be, they will allocate an additional $5,000 that is available for use as approved by Council, etc. He stated that they can say should there be some obligation that a Councilmember needs to do on behalf of the city, Council could concur that they should use that other $5,000 for that.
Mayor Bigstyck concluded that they are all in agreement that they like the concept displayed and are, at this point, wondering what the right amount actually is and, without that data, it is hard to have that discussion, but he thinks it sounds that they have consensus that they are all in agreement that, in concept, they are heading in the right direction.
Councilmember Beckmeyer appreciated thinking of including an extra amount for new councilmembers.
City Manager Woodhouse concluded that they have consensus on that. He has consensus on all the budget strategies, and he asked if there was any other input on budget.
Councilmember Beckmeyer appreciated the detail about the capital improvement program and the projects that are needed. It gives her a good sense of what our deferred maintenance and almost emergency costs are. She didn’t have a problem with any of those. She asked if the City Manager was looking for anything else.
City Manager Woodhouse stated there was not, and he asked staff if there is any additional direction. He stated that they will be coming back at the proposed budget hearing in early June with a lot of detail.
Councilmember Beckmeyer thought that would be great.
ITEM #11:
RESULT: NO VOTE REQUIRED
12. Resolution of Intention to Amend the Pacifica Hotel Business Improvement District (BID) by amending the Pacifica Municipal Code to remove provision for allocation of funds within thirty days and transition the Managing Agency role of the BID to the City of Pacifica.
PROPOSED ACTION: Adopt the resolution entitled "A resolution of the City Council of the City of Pacifica declaring the City Council's intention to amend the Pacifica Hotel Business Improvement District (BID) by amending Section 3-17.03 (administration) of Chapter 17 (hotel business improvement district) within Title 3 (Finance) of the Pacifica Municipal Code to remove provision for allocation of funds within thirty days and to replace the Pacifica Chamber of Commerce as the Managing Agency of the BID with the City of Pacifica", and set the date of June 12, 2023, for the Public Hearing on these changes in the BID administration and continuation of annual levy of assessments on hotels within the BID at the same rate as in Fiscal Year 2022-23.
Asst. City Manager Carter presented the staff report.
Councilmember Boles referred where the city takes over the management of the program, and
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she asked what department staff would be managing that and did they have capacity.
Asst. City Manager Carter stated that it would fall under the City Manager’s office.
City Manager Woodhouse explained that city staff is the messenger here as Council through state law and other actions established the $1 BID assessment and that is passed through the city to the BID, i.e., representatives of the hotels, which is money to promote visitation to hotels.
The Chamber of Commerce has been managing that on behalf of the BID and through these series of meetings that Asst. City Manager Carter covered, the BID member said they want to retool how things are managed and they want the city to continue the assessment but hold on to the money while the BID members themselves decide how and who they want to manage the money moving forward. Council is not making a decision about that at this time, but technically the city will become the managing agency and that could change in the future if there was another non-profit identified to continue that in the future. He stated that one of the future options, which other cities do, if the city were to manage it, then the BID money would flow into the economic development program and new resources in the economic development program would be focused on promotion of tourism benefitting the hotels would be allocated that money for programs specific for that outcome.
Councilmember Boles thought things like the staycation they have been working on were not part of the BID money before but they might be in the future.
City Manager Woodhouse stated she was correct, as currently all the economic development staycation, Shop Pacifica, etc., is separate from the BID as the city doesn’t receive any money from the BID but, in the future, that money could go to those types of marketing programs.
Asst. City Manager Carter clarified if decided by the BID members.
There were no public comments.
Councilmember Beckmeyer moved to adopt the resolution as reflected in the staff report; seconded by Councilmember Boles.
ITEM #12:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Christine Boles, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
ADJOURN
Mayor Bigstyck adjourned the meeting at 12:33 a.m.
Transcribed by Barbara Medina, Public Meeting Stenographer.
Respectfully Submitted,
Sarah Coffey, City Clerk
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes) City Council Regular Meeting 35 May 08, 2023
__________________________
Tygarjas Bigstyck, Mayor
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Attachment: Attachment A: Minutes of 05-08-2023 Council Meeting (5361 : Approval of Minutes)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/22/2023
1 SUBJECT:
Cancellation of July 24, 2023 City Council Meeting
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
RECOMMENDED ACTION:
Move to approve cancellation of the July 24, 2023 regular City Council meeting.
BACKGROUND/DISCUSSION:
Traditionally the City Council has cancelled the second meeting in either July or August to allow for a vacation period. This proposal recommends cancellation of the second regular City Council meeting in July 2023. Should the Council wish to cancel the July 24, 2023 regular meeting, the next regularly scheduled City Council meeting will be August 14, 2023.
FISCAL IMPACT:
None.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
2 Packet Pg. 42
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/22/2023
1 SUBJECT:
Agreement to terms with the Pacifica School District for rental space for Child Care services in the amount of $166,336 for the 2023-2024 school year.
RECOMMENDED ACTION:
Adopt a Resolution to Authorize the City Manager to sign the 2023-2024 agreement with the Pacifica School District for rental space for Child Care services in the amount of $166,336, an amount which which will be included in the 2023-2024 Proposed Budget.
STAFF CONTACT:
Tracy Gilbert, Recreation Supervisor, Child Care
(650) 738-7388
[email protected]
BACKGROUND/DISCUSSION:
The Child Care division has offered services to the local community for over 40 years. The Child Care program serves state and county subsidized and full-cost children. The recommended contract with the Pacifica School District will include 13 classrooms and portables at Cabrillo, Ocean Shore, Vallemar and Sunset Ridge schools.
The program serves between 340-400 Pacifica children. Currently over 46% of the enrolled children receive free or reduced subsidized care through state and county contracts. The program serves children from preschool through middle school.
The contract rental amounts represent a 5% increase. The Pacifica School District increased the rent amounts for the current fiscal year and next fiscal year. As part of this rental increase, the PSD will be improving the conditions of a number of portal classrooms.
The rent per school site for July 1, 2023 through June 30, 2024 will be:
Vallemar School $5,328/ month
Sunset Ridge School $3,197/ month
Cabrillo School $3,197/ month
Ocean Shore School $2,131/ month
ALTERNATIVE ACTION:
Do not approve the authorization of the 23-24' agreement between the City of Pacifica and the Pacifica School District for the rental of space to provide community Child Care services.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This action helps to support youth services, which is a component of A Healthy and Compassionate Community.
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Pacifica City Council 2
May 22, 2023
FISCAL IMPACT:
The contract agreement will cost $166,336 for FY 2032-2024, an amount which is included in the 2023-2024 budget.
ORIGINATED BY:
Parks, Beaches & Recreation Department
ATTACHMENT LIST:
Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (PDF) 3 Packet Pg. 44
Pacifica City Council 3
May 22, 2023
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA TO AUTHORIZE THE CITY MANAGER TO SIGN THE 2023-2024 AGREEMENT WITH
THE PACIFICA SCHOOL DISTRICT FOR RENTAL OF SPACE FOR
PARKS, BEACHES & RECREATION CHILD CARE SERVICES
WHEREAS, the Child Care Division of the Pacifica Parks, Beaches, and Recreation Department has provided services to the local community for over 40 years; and WHEREAS, the City of Pacifica’s Child Care Program serves families qualifying for state and county subsidization, as well as children at full cost; and WHEREAS, the recommended agreement with the Pacifica School District will include a total of 13 portables/classrooms at Cabrillo, Ocean Shore, Vallemar, and Sunset Ridge schools; and
WHEREAS, this agreement will allow the City of Pacifica Parks, Beaches, and Recreation Department to serve 340-400 this fiscal year.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica, California, the authorization of the City Manager to sign the 2023-2024 agreement with the Pacifica School District for rental space for Child Care services in the amount of $166,336, an amount which will be included in the 2023-2024 Proposed Budget. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 22nd day of May, 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 3 Packet Pg. 45
1 CONTRACT BETWEEN THE CITY OF PACIFICA AND THE
PACIFICA SCHOOL DISTRICT
ELEMENTARY SCHOOL SITES
FOR EXTENDED CHILD CARE SERVICES
This Contract is entered into July 1, 2023, by and between the Pacifica School District, hereinafter known as “DISTRICT”, and City of Pacifica, hereinafter known as “CONTRACTOR”, a municipal corporation.
RECITALS
WHEREAS, the DISTRICT desires certain extended child care services (“Services”), as more fully described in Exhibit “A”, and
WHEREAS, DISTRICT desires to engage CONTRACTOR, including its employees, if any, in providing the Services by reason of its qualifications and experience in performing such Services, and CONTRACTOR has offered to provide the Services on the terms and in the manner set forth herein; WHEREAS, the DISTRICT and CONTRACTOR desire to enter into this partnership to provide child care services to further educate and benefit the students of the District.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree:
SECTION 1. TERM
1.1 The term of this Contract shall be one (1) year, commencing on July 1, 2023 and terminating on June 30, 2024, unless terminated sooner as provided in this contract.
1.2 The obligation of CONTRACTOR to perform the Services will commence in accordance with the time schedule set forth in Exhibit “A”. Time is of the essence of this Contract.
1.3 Both parties may agree to extend the term of the contract for additional periods of one year, subject to all of the provisions of this Contract. Each party will notify each other by April 15th of the current year of its intent to renew this contract.
1.4 DISTRICT agrees to provide to CONTRACTOR the following collectively referred to as “PREMISES”:
a. At the Cabrillo School, located at 601 Crespi Drive, in Pacifica, California, DISTRICT shall provide to CONTRACTOR three DISTRICT-owned portable buildings which are habitable for occupancy and use for providing Services, and the land on which they are located, constituting approximately 2,880 square feet.
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 2 b. At Ocean Shore School, located at 411 Oceana Blvd., in Pacifica, California, DISTRICT shall provide to CONTRACTOR two DISTRICT-owned portable buildings which are habitable for occupancy and use for providing Services, and the land on which they are located, constituting approximately 1,920 square feet, at a mutually agreed upon site.
c. At the Sunset Ridge School, located at 340 Inverness Way in Pacifica, California, DISTRICT shall provide to CONTRACTOR three DISTRICT-owned portable buildings which are habitable for occupancy and use for providing Services, and the land on which they are located, constituting approximately 2,880 square feet, at a mutually agreed upon site.
d. At the Vallemar School, located at 377 Reina Del Mar, in Pacifica, California, DISTRICT shall provide to CONTRACTOR five DISTRICT-owned portable buildings which are habitable for occupancy and use for providing Services, and the land on which they are located, constituting approximately 4,800 square feet, at a mutually agreed upon site.
1.5 In consideration for use of the above mentioned space, CONTRACTOR shall compensate DISTRICT on a monthly basis as follows:
a. For the portion of the PREMISES described in Section 1.4 (a): $3,197. b. For the portion of the PREMISES described in Section 1.4 (b): $2,131. c. For the portion of the PREMISES described in Section 1.4 (c): $3,197. d. For the portion of the PREMISES described in Section 1.4 (d): $5,328.
SECTION 2. QUALIFICATIONS, STATUS, AND DUTIES OF CONTRACTOR
2.1 CONTRACTOR represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services. CONTRACTOR further represents and warrants that the project director and every individual charged with the performance of the Services under this Contract are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services.
2.2 In reliance on the representation and warranty set forth in Section 2.1, the District retains CONTRACTOR to perform, and CONTRACTOR covenants and agrees that it will furnish or cause to be furnished, the Services.
2.3 CONTRACTOR will assign a site manager to have supervisory responsibility for the performance, progress, and execution of the services at each site.
2.4 CONTRACTOR represents and warrants that it will:
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 3 2.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices, which may be necessary and incidents to the due and lawful prosecution of the Services.
2.4.2 Keep itself fully informed of all existing and future Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract, any materials used in CONTRACTOR’S performance under this Contract, or the performance of the Services;
2.4.3 At all times observe and comply with, and cause its employees and contractors (and consultants), if any, who are assigned to the performance of this Contract to observe and comply with the laws, ordinances, regulations, orders and decrees mentioned above; and
2.4.4 Report immediately to the DISTRICT Chief Business Official, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to providing the Services.
2.5 CONTRACTOR will be responsible for employing or engaging all persons necessary to perform the Services. All employees of CONTRACTOR will be deemed to be directly controlled and supervised by CONTRACTOR, which will be responsible for their performance. If any employee of CONTRACTOR fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee will be disciplined in an appropriate manner.
SECTION 3. DUTIES OF THE DISTRICT
3.1 The Superintendent will represent DISTRICT for all purposes under this Contract. The Chief Business Official is designated as the project manager for the Superintendent. The project manager will supervise the performance, progress, and execution of the Services.
3.2 It shall be the responsibility of the project manager to establish general policies and guidelines, and mediate disputes among CONTRACTOR, parents, parent representatives, and the DISTRICT.
3.3 CONTRACTOR shall furnish to DISTRICT all data, statements, records, information, and reports reasonably necessary to DISTRICT to monitor, review, and evaluate the performance of CONTRACTOR’S services hereunder.
3.4 In the event DISTRICT should determine from any source, including but not limited to information submitted by CONTRACTOR under this Contract or any evaluation report from any source, that there is a condition, which requires investigation or correction, the DISTRICT will meet formally with CONTRACTOR to discuss the condition. The DISTRICT may then forward to CONTRACTOR requests for corrective action. Such requests shall indicate the nature of the issues which are to be reviewed to determine the need for corrective action and may include a recommendation as to the appropriate
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 4 corrective action. Within thirty (30) days of DISTRICT’S request, CONTRACTOR shall submit its response, which shall include its views of the problems and proposed action, if any. Upon requests of either party, the parties shall meet to discuss any such request and response within the thirty (30) day period specified.
3.5 For DISTRICT owned buildings and portables, the DISTRICT shall be responsible for maintenance of roof, exterior doors, exterior walls, plumbing and electrical systems, flooring and heating systems (if operable at time PREMISES are leased), and foundations; unless damage to any of the items listed herein is caused in part or in whole by the act, neglect, fault or omission of any duty by CONTRACTOR, its employees, agents, invitees, licenses or contractors, in which case CONTRACTOR shall be responsible for the cost of such repairs. DISTRICT shall at all times, maintain the PREMISES in good and safe condition. DISTRICT shall be responsible for all repairs required. DISTRICT shall provide facilities equipped with necessary amenities including, but not limited to, running water (hot and cold), sinks, toilets, playground structures, fenced yard as required by local laws, ordinances, regulations for CONTRACTOR to perform services stated in the contract.
3.6 CONTRACTOR shall pay for utility service to CONTRACTOR owned portable buildings. Contractor shall pay for garbage collection services for all premises.
3.7 DISTRICT shall pay for utility service to DISTRICT-owned buildings and portable buildings.
3.8 DISTRICT shall provide internet access for Vallemar, Sunset Ridge and Ocean Shore Schools.
3.9 CONTRACTOR shall pay for internet access for Cabrillo School.
3.10 The CONTRACTOR shall obtain written permission in advance from the DISTRICT for any physical modification of any interior or exterior space. This includes attachments to floors, ceilings, walls, doors, and any modification to electrical and mechanical systems or door locks.
SECTION 4. RESPONSIBILITIES OF CONTRACTOR
4.1 CONTRACTOR will furnish or cause to be furnished the specified services set forth in Exhibit “A” and such other information regarding its requirements as may be reasonably requested by DISTRICT. CONTRACTOR shall have sole discretion to determine the manner and method of provision of services.
4.2 CONTRACTOR shall ensure that all services offered under this Contract shall be secular in nature. CONTRACTOR shall further ensure that it shall refrain from offering religious instruction, worship, or other religious activities while providing child care
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 5 services, in accordance with the provision of the California and United States Constitution.
4.3 CONTRACTOR shall make all arrangements for and pay for all custodial work required to maintain PREMISES in clean, orderly, and sanitary condition at all times during the term of this Contract.
4.4 If CONTRACTOR does not maintain PREMISES in clean, orderly, and sanitary condition, DISTRICT may, but shall not be obligated to, have the PREMISES cleaned and charge all costs associated with such cleaning to the CONTRACTOR.
4.5 For CONTRACTOR owned portables, the CONTRACTOR shall be responsible for maintenance of roof, exterior doors, exterior walls, plumbing and electrical systems, and heating systems (if operable at time PREMISES are leased), and foundations.
CONTRACTOR shall at all times, maintain the PREMISES in good and safe condition.
CONTRACTOR shall be responsible for all repairs required.
4.6 DISTRICT will not be responsible for any loss, inconvenience, annoyance, or damage to CONTRACTOR because of such cleaning.
4.7 CONTRACTOR will be responsible for the security of the building space it uses and shall not hold the DISTRICT responsible for any theft or damage property. In addition, if DISTRICT property is damaged or stolen due to a negligent act of the CONRACTOR, its employees, agents, contractors, parents, and students, the CONTRACTOR shall be responsible for its repair or replacement.
4.8 CONTRACTOR shall provide the DISTRICT access to the property for maintenance and other inspection purposes.
4.9 The CONTRACTOR will obey all laws and policies that govern school district property including those laws and policies applying to possession and use of alcohol and tobacco (such as, for example, Board Policy 3513.3, Tobacco-Free Schools). The CONTRACTOR will follow all California Education Code and other local, state, and federal laws and policies that pertain to school property.
SECTION 5. COST OF SERVICES OFFERED BY CONTRACTOR
5.1 The CONTRACTOR shall at all times maintain a written schedule setting forth operating hours and operating procedures for each required and optional use provided on or from the PREMISES. A schedule of prices charged for all services related to the required and optional use of this CONTRACT shall be maintained. A copy of such written schedules or procedures shall be made available upon written request.
If DISTRICT or CONTRACTOR feels the other is not maintaining or
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 6 meeting their obligation under this contract, there will be a meeting to resolve any issues.
If parties are unable to resolve the issue in that meeting, the matter shall be submitted to mediation by an independent third party.
SECTION 6. INDEMNITY
6.1 It is agreed that the CONTRACTOR shall defend, hold harmless and indemnify the DISTRICT, its officers, agents and/or employees from any and all liability, damage, cost, expense, and/or claims for injuries to persons and/or damage to property which arise from the CONTRACTOR’S use of the PREMISES (including ingress and egress to the PREMISES), and for such liability, damage, cost, expense, and/or claims arising from the negligent acts or omissions of the CONTRACTOR, its officers, agents and/or employees.
6.2 It is agreed that the DISTRICT shall defend, hold harmless and indemnify the CONTRACTOR, its officers, agents and/or employees from any and all liability, damage, cost, expense, and/or claims for injuries to persons and/or damage to property which arise from the DISTRICT’S use of the PREMISES (including ingress and egress to the PREMISES), and for such liability, damage, cost, expense, and/or claims arising from the negligent acts or omissions of the DISTRICT, its officers, agents and/or employees.
6.3 The duty to indemnify and hold harmless shall include the duty to defend set forth in California Civil Code Section 2778.
SECTION 7. WAIVERS
7.1 The waivers by either party of any breach or violation of any covenant, term, condition or provision of this Contract, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money, which may become due hereunder, will not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, condition or provision of this CONTRACTOR or of any applicable law or ordinance.
7.2 No payment, partial payment, acceptance, or partial acceptance by DISTRICT will operate as a waiver on the part of DISTRICT of any of its rights under this Contract.
SECTION 8. INSURANCE
8.1 CONTRACTOR, at its sole cost and expense, will obtain and maintain, in full force and effect during the term of this Contract, personal liability insurance coverage of not less than two million dollars ($2,000,000) insuring not only CONTRACTOR and its contractors, if any, but also, with the exception of workers’ compensation, employer’s liability, and professional liability insurance, naming DISTRICT as an additional insured
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 7 concerning CONTRACTOR’S performance under this Contract. DISTRICT acknowledges that CONTRACTOR is self-insured and may fulfill the obligation of this Section through its self-insurance pool administrator.
8.2 Any and all contractors of CONTRACTOR retained to perform Services under this Contract will obtain and maintain, in full force and effect during the term of this Contract, identical insurance coverage, naming DISTRICT as an additional insured under such policies as required above.
8.3 Certificates of such insurance will be filed with DISTRICT concurrently with the execution of this Contract. The certificates will be subject to the approval of DISTRICT’S Chief Business Official and will contain an endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insurer except after filing with the DISTRICT’S Chief Business Official thirty (30) days’ prior written notice of such cancellation or alteration, and that the Pacifica School District is named as an additional insured except in policies of workers’ compensation, employer’s liability, and professional liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Contract with the Chief Business Official.
8.4 The procuring of such required policy or policies of insurance will not be construed to limit CONTRACTOR’S liability hereunder nor to fulfill the indemnification provisions of this Contract.
SECTION 9. WORKERS’ COMPENSATION
9.1 CONTRACTOR, by executing this contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of the Services.
SECTION 10. TERMINATION OR SUSPENSION OF CONTRACT OR SERVICES
10.1 The Superintendent may suspend the performance of the Services, in whole or in part, or terminate this Contract, with cause, by giving ninety (90) days’ prior written notice thereof to CONTRACTOR.
10.2 CONTRACTOR may terminate this Contract or suspend its performance of the Services by giving ninety (90) days’ prior written notice thereof to DISTRICT, but only in the event of a substantial failure of performance by DISTRICT or in the event DISTRICT indefinitely withholds or withdraws its request for the initiation or continuation of the Services to be performed or if the City of Pacifica ceases providing child care services.
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 8 SECTION 11. ASSIGNMENT
11.1 CONTRACTOR will not assign, transfer, convey or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of DISTRICT. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of the Superintendent will be void and, at the option of the Superintendent, this Contract may be terminated. This Contract will not be assignable by operation of law.
SECTION 12. NOTICES
12.1 All notices hereunder will be giving in writing and mailed, postage prepared, by certified mail, and addressed as follows:
To DISTRICT: Office of the Superintendent
Pacifica School District
375 Reina Del Mar
Pacifica, CA 94044
To CONTRACTOR: Tracy Gilbert, Supervisor of Child Care Services City of Pacifica
540 Crespi Drive
Pacifica, CA 94044
SECTION 13. CONFLICT OF INTEREST
13.1 In accepting this Contract, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
13.2 CONTRACTOR further covenants that, in the performance of this Contract, it will not employ any contractor or persons having such an interest. CONTRACTOR certifies that no person who has or will have any financial interest under this Contract is an officer or management employee of DISTRICT. This provision will be interpreted in accordance with the applicable provisions of the Government Code of the State of California.
SECTION 14. NONDISCRIMINATION
14.1 As set forth in DISTRICT Policy, no discrimination will be made in the employment of any person under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of that person. CONTRACTOR agrees
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 9 to meet all requirements of the DISTRICT Policy pertaining to nondiscrimination in employment, including completing the requisite form furnished by DISTRICT.
14.2 If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract.
Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract.
SECTION 15. MISCELLANEOUS PROVISIONS
15.1 CONTRACTOR and DISTRICT represents and warrants that it has knowledge of the requirements of the Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disable persons, and relating to facilities for disabled persons. CONTRACTOR and DISTRICT will comply with or ensure by its advice that compliance with such provisions will be effected in the performance of this Contract.
15.2 This Contract will be governed by the laws of the State of California, excluding its conflicts of law.
15.3 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of San Mateo, State of California.
15.4 The prevailing party in any action brought to enforce the provisions of this Contract may recover its reasonable costs and attorney’s fees expended in connection with that action.
15.5 This document represents the entire and integrated agreement between parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
15.6 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions.
15.7 The covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and contractors, as the case may be, of the parties.
15.8 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect.
15.9 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 10 hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract.
15.10 This Contract may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written.
ATTEST
For DISTRICT
(Pacifica School District)
By:
Josephine Peterson
Chief Business Official
For CONTRACTOR
(City of Pacifica.)
By:
ATTACHMENTS:
EXHIBIT “A”: Scope of Services for Providers of Extended Child Care Services
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 11 EXHIBIT “A”
SCOPE OF SERVICES FOR PROVIDERS OF
EXTENDED CHILD CARE AND PRESCHOOL SERVICES AT
PACIFICA SCHOOL DISTRICT
ELEMENTARY SCHOOL SITES
2023-2024
SERVICES: Under this Agreement, The City of Pacifica shall provide extended child care services to the child(ren) of families at Cabrillo, Ocean Shore, Sunset Ridge, and Vallemar School site(s), located on property owned by the Pacifica School District. Services shall be furnished as specified in this Exhibit “A”: Scope of Services for Providers of Extended Child Care and Preschool Services at Pacifica School District Elementary School Sites.
The extended child care program shall admit children currently enrolled in Grades Transitional Kindergarten through Grade Eight (8) in the Pacifica School District on a priority basis, but may also admit others on a space available basis.
PROGRAM GOALS:
1. To offer affordable child care services to child(ren) of families enrolled in Pacifica School District elementary schools.
2. To provide parents with access to licensed child care services year-round including Pacifica School District school holidays, school vacations, and staff development days.
3. To provide a quality program which seeks to maintain standards set forth by the National Association for the Education of Young Children (NAEYC) and the National School Age Child Care Alliance.
PROGRAM SPECIFICATIONS:
1. Program Schedule.
Services rendered shall include before-and after-school care and preschool care. Program schedule shall be operable daily throughout the year, including school holidays and vacation periods except for holidays, which are recognized by the Pacifica School District. a. Regular School Days
The designated hours of operation for extended child care services on regular school days shall commence not earlier than 6:30 a.m. but not later than 7:30 a.m. and shall operate until the scheduled start of school at the site. The contractor shall reopen at the earliest scheduled end of the school day and shall remain open until at least 6:00 p.m. but not later than 6:30 p.m.
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 12 Regular school days are defined as Monday through Friday except holidays recognized by the Pacifica School District, PSD vacations, and PSD staff development days.
It is understood that the contractor shall have exclusive use of the site while child care programs are in session. When the site is not in use by the contractor, the DISTRICT, or its agents or assigns, may use the site for academic curriculum or other DISTRICT purposes upon reasonable notice to contractor. DISTRICT shall assume any and all liability for damages to property owned by contractor while using the facilities and shall indemnify and hold harmless contractor from injuries of any variety to all persons, which may occur while the facilities are in use by the DISTRICT or its personnel or agents. b. Holidays
Services shall be offered as outlined in this Exhibit “A”: Scope of Services for Extended Child Care Services at Pacifica School District Elementary School Sites, with the only exception being holidays recognized by the Pacifica School District. Contractor shall have the option to close all facilities for one week each summer. c. School Holidays
The designated hours of operation for extended child care services on school holidays (including winter and spring breaks and summer vacation) shall be 7:00 a.m. to 6:00 p.m. d. Consolidation of Services
The contractor may consolidate services with another licensed or legally exempt school age contractor during school vacations and summer periods when enrollment or attendance is low. Programs may close for the purpose of offering staff development or inservice training for child care staff. All such closings are subject to approval by the DISTRICT’S project manager.
e. Location of Summer Program
CONTRACTOR agrees that DISTRICT shall have the opportunity to designate the site or sites to be used for operation of the program during summer vacation. It is understood that the availability of facilities for the summer program shall, in part, be dependent upon the construction and modernization schedule of the DISTRICT. DISTRICT shall advise contractor no less than one hundred and twenty (120) days prior to the termination of each school year as to which facilities shall be available for use during the summer and the dates of their respective availability. DISTRICT shall have the option to provide for a change in location of facilities to be used during the course of the summer, provided, however, that no less than one hundred and twenty (120) days notice of a location change shall be provided to CONTRACTOR by DISTRICT. In complying with the requirements of this paragraph, DISTRICT and CONTRACTOR shall co-operate to ensure that the safety of all students is adequately insured and that the licensure requirements of DISTRICT and CONTRACTOR are complied with. f. Other Uses
The contractor may use the contracted space outside of the normal hours of operation for staff, parent, and/or student meetings.
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 13 2. Licensing and Exemptions
Services rendered shall include before- preschool care and after-school care for school age children in Grades Transitional Kindergarten through Grades Eight. Program schedule shall be operable daily throughout the year, including school holidays and vacation periods except for holidays, which are recognized by the Pacifica School District.
3. Licensing Reports
The contractor shall forward to the DISTRICT’S Project Manager, within ten (10) days of all licensing visits, copies of all licensing reports issued by the California Department of Social Services, Community Care Licensing Division.
4. Staffing Ratios and Requirements
The contractor shall meet or exceed the staffing ratios and requirements for school age children as specified in the licensing requirements of Title 22 of the California Code of Regulations.
5. Health and Safety Standards: Emergency Preparedness
The contractor shall enforce health and safety standards that are consistent with state regulations and Pacifica School District policies.
6. Staff Development
The contractor shall offer appropriate staff development activities on an ongoing basis, including staff training, in order to fully meet the child development needs of children enrolled in the program. Staff development activities related to literacy shall be designed in cooperation with the Pacifica School District Curriculum Department and Special Education Department.
7. Articulation Activities
The contractor shall attend occasional meetings with the elementary school staff. The purpose of these meetings is to articulate educational practices in the areas of literacy, numeracy and support in the “homework” aspect of the program. These meetings can be faculty or grade-level meetings.
8. Written Schedules
The contractor shall at all times maintain a written schedule setting forth the operating hours and operating procedures for each required and optional use provided on or from the elementary school site. A fee schedule for prices charged for all services related to the required and optional uses set forth in this Contract shall be maintained.
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 14 9. Children with Special Needs
The contractor shall identify children with special needs at the time of enrollment to ensure adequate child care staffing levels. Children with special needs who require assistance during an emergency evacuation shall be accommodating special needs children shall be designed in cooperation with Pacifica School District Special Education Department.
If any students participating in the Before and After School Extended Day Program are referred for the “Student Study Team” process at the elementary school, a staff member, who is familiar with the student, will participate in the SST meeting, and upon request by the district, participate in any IEP meetings during the time the student is still a participant in the Before and After School Extended Day Program. It is understood that written education IEP goals apply to the school day only.
10. Equipment and Supplies
The contractor shall assume responsibility for program implementation, and shall provide furniture, equipment, and supplies except as otherwise agreed upon with the Pacifica School District.
11. Waiting Lists
The contractor shall maintain a current waiting list when program is a licensed capacity.
12. Annual Parent Survey
The contractor shall conduct an annual parent survey. Results of the parent survey shall be made available to the Project Manager as part of the DISTRICT’S annual site evaluation process.
13. Materials to be Kept on File
The contractor shall ensure that materials required by the DISTRICT, as more specifically outlined in this Contract and this Exhibit “A”: Scope of Services For Providers of Extended Child Care Services, be maintained on file with the DISTRICT’S Project Manager. Materials to be kept on file include:
Calendar of days open and closed
Current operating license
Emergency evacuation plan
Licensing reports issued by the California Department of Social Services Operating Procedures and Policies (Parent Handbook)
Summary sheet of annual parent evaluations
Tuition schedule
14 Annual Site Evaluation
The DISTRICT shall conduct an annual site evaluation of CONTRACTOR based on all data, statements and records reasonably necessary to evaluate the program. Results of the annual site evaluation shall be sent to the CONTRACTOR.
15. Reports to the DISTRICT
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD 15 All correspondence relating to this Exhibit “A”: Scope of Services for Providers of Extended Child Care Services at Pacifica School District Elementary School Sites shall be sent to the following address:
Pacifica School District
375 Reina Del Mar
Pacifica, CA 94044
Attention: Josephine Peterson
Chief Business Official
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Attachment: Attachment A: City of Pacifica Extended Child Care Agreement 2023-2024 (5357 : Resolution to approve Child Care and PSD
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/22/2023
1 SUBJECT:
Resolution of the City Council of the City of Pacifica Approving the Agreement Between the City of South San Francisco and the City of Pacifica for Police Communications Services RECOMMENDED ACTION:
Adopt a resolution approving the Agreement Between the City of South San Francisco and the City of Pacifica for Police Communication Services (included as Exhibit A).
STAFF CONTACT:
Bill Glasgo, Police Captain
650-738-7314
[email protected]
BACKGROUND/DISCUSSION:
On September 1, 2011, the City of South San Francisco and City of Pacifica entered into agreement whereby the City of South San Francisco agreed to provide police communication services to the City of Pacifica. Prior to this agreement, the Pacifica Police Department operated its own dispatch/911 communications center.
On January 23, 2014, the Pacifica City Council adopted a resolution accepting the First Contract Amendment to the Agreement Between the City of South San Francisco and the City of Pacifica for Police Communication Services, extending the agreement through June 30, 2017.
On February 27, 2017, the Pacifica City Council adopted a resolution accepting the Second Contract Amendment to the Agreement Between the City of South San Francisco and the City of Pacifica for Police Communication Services, extending the agreement through June 30, 2020.
On April 13, 2020, the Pacifica City Council adopted a resolution accepting the Third Contract Amendment to the Agreement Between the City of South San Francisco and the City of Pacifica for Police Communication Services, extending the agreement through June 30, 2023.
This agreement, which would become effective on July 1, 2023, follows 12 years of police communications services provided by the City of South San Francisco to the City of Pacifica.
The police communication services provided by the City of South San Francisco have been exemplary and in accordance with the initial agreement and two subsequent agreement amendments. In the 12 years of this agreement, the relationship between agencies has developed into a mutually beneficial one for both agencies. As our jurisdictions border each other, and radio communications operate from the same facility, there have been several notable occasions where this arrangement allowed for a quick response to each agency’s jurisdiction to provide critical assistance as a situation was developing and before an official request for assistance could be made. The in-house information technology expert utilized by the South San Francisco Police Department has provided advice to our agency regarding our 4 Packet Pg. 61
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May 22, 2023
radio system and records management system, as we share components of both systems. The ability to have access to this expert represents a cost savings as most agencies often must hire an expert or consultant to give appropriate advice or options when an issue arises.
The following represents the yearly cost of the agreements since inception in 2011. The 2023- 2026 costs reflect the proposed contract amount.
2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 $600,000 $612,000 $624,240 $620,000 $620,000 $620,000
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 $632,400 $645,048 $657,949 $671,108 $684,530 $698,221
2023-2024 2024-2025 2025-2026
$719,168 $740,743 $762,965
Including the proposed agreement costs, at the conclusion of the agreement in 2026, the average increase per year over a 15-year period is 1.8% ALTERNATIVE ACTION:
Decline to approve the Agreement Between the City of South San Francisco and the City of Pacifica for Police Communications Services, and provide staff further direction.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Fiscal Sustainability: Continuing to contract with City of South San Francisco for communications services has proven to be a fiscally sound decision. Quality services are being provided with an average increase in costs of 1.8%, per year, over the 15- year life of this agreement, if the proposed agreement is approved.
Maintaining a Safe Community: During the 12 years the City of South San Francisco has provided communication services to the City of Pacifica, they have worked diligently to become a good partner for our department, and the community. They have developed knowledge of our community that is critical in serving the community and the officers of the Pacifica Police Department quickly, safely and effectively.
FISCAL IMPACT:
Approval of this Agreement between the City of South San Francisco and the City of Pacifica for Police Communication Services will provide a continued savings to the City in comparison to maintaining its own 911 communications center. The agreement will provide for a 3% per year increase in cost per year, over three years.
ORIGINATED BY:
Police
ATTACHMENT LIST:
Exhibit A: Pacifica Contract 2023 (PDF)
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Pacifica City Council 3
May 22, 2023
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE
AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE CITY OF
PACIFICA FOR POLICE COMMUNICATION SERVICES
______________________________________________________
WHEREAS, on September 1, 2011, the City of South San Francisco and City of Pacifica entered into agreement whereby the City of South San Francisco agreed to provide certain police communication services to the City of Pacifica;
WHEREAS, on January 23, 2014, the City Council of the City of Pacifica adopted a resolution accepting the First Amendment to the Agreement Between the City of South San Francisco and City of Pacifica to provide certain police communication services to the City of Pacifica;
WHEREAS, on February 27, 2017, the City Council of the City of Pacifica adopted a resolution accepting the Second Amendment to the Agreement Between the City of South San Francisco and the City of Pacifica to provide certain police communication services to the City of Pacifica;
WHEREAS, on April 13, 2020, the City Council of the City of Pacifica adopted a resolution accepting the Third Amendment to the Agreement Between the City of South San Francisco and the City of Pacifica to provide certain police communication services to the City of Pacifica;
WHEREAS, the City of South San Francisco has provided competent police communication services in accordance with the agreement, and the agreement is set to expire on June 30, 2023;
WHEREAS, the City of South San Francisco and the City of Pacifica desire to enter into a new agreement, with a 3% increase each year, expiring on June 30, 2026; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica, California, that the City Manager of the City of Pacifica is authorized to execute on behalf of the City of Pacifica the attached hereto as Exhibit A, including any extensions or amendments thereof and any subsequent contract with the City of South San Francisco in relation thereto. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 22nd day of May, 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
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Pacifica City Council 4
May 22, 2023
CITY OF PACIFICA
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 4 Packet Pg. 64
1 OAK #4819-0376-8073 v1
AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND
THE CITY OF PACIFICA FOR POLICE COMMUNICATIONS SERVICES This Police Communications Services Agreement (“Agreement”) is entered into on ________________________, 2023, by and between the CITY OF SOUTH SAN FRANCISCO, hereinafter referred to as "SSF" and the CITY OF PACIFICA, hereinafter referred to as "PACIFICA." (together sometimes referred to as the “Parties”)
RECITALS
WHEREAS, SSF desires to furnish police communications services to PACIFICA through the utilization of SSF facilities and staff; and WHEREAS, SSF is willing to furnish said services to PACIFICA for a mutually agreed cost; and
WHEREAS, the Parties to this Agreement have determined that the computer-aided dispatch and records management systems belonging to the Parties are compatible and will be an effective method of communications and record keeping for both Parties; and WHEREAS, it is necessary and desirable that the parties enter into this Agreement as set forth below;
NOW, THEREFORE, in consideration of the recitals and mutual obligations contained herein, SSF and PACIFICA agree as follows:
1. Description of Services
(a) SSF will provide PACIFICA with the following services: telephone answering and personnel notification, including status keeping, activity reporting and database inquiries in response to PACIFICA police operational needs. SSF will be responsible for answering PACIFICA’s non-emergency administrative telephone calls outside of normal weekday PACIFICA office hours which are defined as Monday, Tuesday, Thursday, Friday 8:30 am to 5:00 pm and Wednesday 8:30 am to 7:30 pm.
(b) SSF will provide PACIFICA with the services described in Paragraph (a) above 24-hours per day, 7-days per week, 365-days per year beginning on ___________________.
(c) SSF shall cause all emergency and non-emergency telephone calls and two-way radio traffic related to PACIFICA to be recorded. The recordings shall be retained by SSF for a minimum of one hundred (100) days following the date of the call or message. SSF shall provide excerpts of these recordings to PACIFICA upon request.
(d) SSF shall provide and maintain computer hardware and system software at the SSF communications center to support PACIFICA computer aided dispatching and automated records management. PACIFICA, at its own expense, shall procure the necessary compatible application software for computer aided dispatching and automated records management. Further, PACIFICA shall be
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Attachment: Exhibit A: Pacifica Contract 2023 (5351 : Police Communications Services Agreement) 2 OAK #4819-0376-8073 v1
responsible for paying any and all recurring software maintenance fees for all software that it has purchased and/or licensed in connection with this Agreement. (e) SSF shall provide and maintain sufficient telephone equipment to accommodate the PACIFICA E911, 7-digit emergency telephone lines, and administrative business lines.
(f) PACIFICA shall be responsible for the non-recurring and recurring cost of its telephone lines and any equipment required to extend its telephone lines to the SSF police communications center.
(g) SSF shall provide and maintain radio console equipment within the SSF police communications center to effect radio transmissions to and from the SSF police communications center to the PACIFICA field units.
(h) SSF shall provide recording equipment to log and record incoming and outgoing radio and telephone transmissions related to this Agreement. (i) SSF shall make the services of its telecommunications engineering and police technology team available to design the radio and telephone systems required to provide the services identified herein. If the telecommunications engineering and police technology team costs increase during this Agreement, the Parties will meet to agree upon an additional amount to be paid by Pacifica sufficient to cover the increased costs.
(j) PACIFICA and SSF shall jointly maintain and update a computerized geographic information file, with each party focusing on streets and premise data in its own jurisdiction.
(k) SSF will complete all functions of the warrant process for PACIFICA. These duties include, but are not limited to, new warrant entries, warrant updates and warrant due diligence.
2. Operational Responsibilities
(a) The SSF Communications Center shall be under the direction and management control of SSF’s Chief of Police. Matters concerning communications procedures, operations, complaints, requests for changes and/or similar operational matters provided for under this Agreement and specifically related to PACIFICA shall be approved by PACIFICA’s Chief of Police and submitted to the SSF Chief of Police or his/her designee for consideration. (b) SSF shall provide sufficient working space and facilities at the SSF police communications center for SSF personnel and equipment to provide the services described in this Agreement. SSF, in its sole discretion, shall determine the quantity and classification of employees required to provide the services to PACIFICA contemplated under this Agreement.
(c) SSF shall, during the term of this Agreement, be the employer to all SSF personnel and shall be solely responsible for providing direction to personnel.
PACIFICA shall have no ability to direct or control SSF personnel as to the method which the Services are provided to PACIFICA. SSF shall be solely responsible for all compensation and benefits, including retirement benefits, owed to SSF personnel.
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Attachment: Exhibit A: Pacifica Contract 2023 (5351 : Police Communications Services Agreement) 3 OAK #4819-0376-8073 v1
3. Compensation for Services
(a) PACIFICA shall pay SSF the amounts detailed below as compensation for services provided during each fiscal year beginning July 1, 2023, and ending on June 30, 2026. SSF shall invoice PACIFICA in advance on a quarterly basis beginning on July 1, 2023, in an amount equal to ¼ of annual amount due.
Pacifica shall remit in full within 45 days of receiving an invoice from SSF. 2023-2024 2024-2025 2025-2026
$719,168 $740,743 $762,965
(b) In the event SSF and PACIFICA agree that additional employees must be hired by SSF in order to implement this Agreement and have agreed on the costs associated with those additional hires, PACIFICA shall pay SSF an amount equal to the cost of the additional employees hired by SSF to fulfill its obligations under this Agreement.
(c) Upon mutual agreement, PACIFICA may request SSF to provide additional police communications services for special events at the rate of $85 per hour per employee with a minimum of four (4) hours per event. PACIFICA must schedule special events with SSF at least thirty (30) days in advance of the event date.
4. Term
SSF shall furnish the agreed-upon services as set forth above for a period of three (3) years, commencing July 1, 2023, and expiring June 30, 2026. This Agreement may be extended for up to a three (3) year period if mutually agreed by SSF and PACIFICA in writing.
5. Waiver/Immunities
(a) Waiver.
PACIFICA is responsible for damages to or loss of its property and waives its right to sue SSF for any damages to or loss of its property or injury to its personnel that may occur in responding to communication services pursuant to this Agreement, except for loss of PACIFICA’S property or injury to PACIFICA’S personnel that is caused by the gross negligence or willful misconduct of SSF.
(b) Immunities.
By entering into this Agreement, neither Party waives any of the immunities provided by the California Government Code or other applicable provisions of law.
6. Termination of Agreement
This Agreement may be terminated in accordance with the following:
(a) Termination Without Cause
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Attachment: Exhibit A: Pacifica Contract 2023 (5351 : Police Communications Services Agreement) 4 OAK #4819-0376-8073 v1
Notwithstanding any other provision of this Agreement, at any time and without cause, the Parties to this Agreement shall have the right, in their sole discretion, to terminate this Agreement by giving ninety (90) days' written notice to the other Party. (b) Termination for Cause
Notwithstanding any other provision of this Agreement, if either Party fails to perform or cure any of its obligations hereunder, within the time and in the manner herein provided, or otherwise violates any of the terms of this Agreement, the other Party may immediately terminate this Agreement by giving written notice of such termination, stating the reason for the termination. The termination shall become effective on the last day of the quarter in which the written notice of termination is provided.
(c) Ability to Cure
In the event of any alleged failure to perform any terms or conditions of this Agreement, the Party alleging such breach shall give the other Party notice in writing specifying the nature of the breach and the manner in which said breach or default may be satisfactorily cured, and the Party in breach shall have thirty (30) days following such notice ("Cure Period") to cure such breach. During the Cure Period, the Party charged shall not be considered in default for purposes of termination or institution of legal proceedings. The failure of any Party to give notice of any breach shall not be deemed to be a waiver of that Party's right to allege any other breach at any other time.
(d) Payment Upon Termination
Upon termination of this Agreement, PACIFICA shall, within thirty (30) days of termination, pay SSF any outstanding balance for services or materials provided by SSF.
7. Notices
All notices, demands, requests, consents, approvals, waivers, or communications ("Notices") that either party desires or is required to give to the other party or any other person shall be in writing and either personally served or sent by prepaid postage, first class mail. Notices shall be addressed as appears below for each party except if either party gives notice of a change of name or address, notices to the giver of that Notice shall thereafter be given as demanded in that Notice.
SSF: City of South San Francisco
City Manager
400 Grand Avenue
South San Francisco, CA 94080
PACIFICA: City of Pacifica
City Manager
170 Santa Maria Avenue
Pacifica, CA 94044
8. Relationship of Parties
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Attachment: Exhibit A: Pacifica Contract 2023 (5351 : Police Communications Services Agreement) 5 OAK #4819-0376-8073 v1
Both parties agree and understand that the services performed under this Agreement are performed as an independent contractor, and that neither party’s employees acquire any of the rights, privileges, powers, or advantages of the other party’s employees. No pension rights of PACIFICA or SSF employees will be affected by this Agreement.
9. Confidential Law Enforcement Information
PACIFICA shall provide SSF with proof of eligibility to access State and Federal automated criminal justice databases. PACIFICA shall provide SSF identifying information on its employees that require access to said databases to facilitate SSF maintaining computerized security tables that allow or prohibit access. SSF may restrict access from view by PACIFICA if SSF deems it necessary to protect the security of its employee information. SSF and PACIFICA shall be individually responsible for complying with State and Federal training requirements for employees related to criminal justice databases. PACIFICA shall be responsible for proper use of criminal justice information disseminated to it by SSF. PACIFICA agrees to indemnify and hold harmless SSF in the event of misuse of confidential information by PACIFICA users.
10. Hold Harmless, Indemnification
(a) PACIFICA shall defend, save harmless and indemnify SSF, its officers and employees from any and all claims which arise out of the terms and conditions of this Agreement and which result from the negligent acts or omissions of PACIFICA, its officers, employees and contractors.
(b) SSF shall defend, save harmless, and indemnify PACIFICA, its officers and employees from any and all claims for injuries or damage to persons and/or property which arise out of the terms and conditions of this Agreement and which result from the negligent acts or omissions of SSF, its officers, employees and contractors.
(c) In the event of concurrent negligence of SSF, its officers and/or employees, and PACIFICA, its officers and/or employees, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of terms and conditions of this Agreement shall be apportioned according to the California theory of comparative negligence.
(d) This section shall include, without limitation, any actions, claims, suits, demands, and liability of every name, kind, and description brought for, or on account of injuries to or death of any person, including PACIFICA or SSF, or damage to property of any kind whatsoever and to whomsoever belonging. (e) The duty to indemnify and hold harmless as set forth herein shall include the duty to defend as set forth in Civil Code Section 2778.
11. Radio Systems
PACIFICA shall own and operate its police radio system and be solely responsible for its procurement, maintenance, and replacement. This includes receivers, transmitters, voter/comparators, and associated equipment. PACIFICA shall maintain its radio
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Attachment: Exhibit A: Pacifica Contract 2023 (5351 : Police Communications Services Agreement) 6 OAK #4819-0376-8073 v1
equipment in a manner that will allow clear reception that is free from static and interference.
SSF shall own and operate its police communications dispatch equipment and be solely responsible for its procurement, maintenance, and replacement. This includes dispatch console electronic equipment, logging recorder, computer servers and associated equipment. SSF shall use this equipment to provide radio dispatch service to PACIFICA.
12. Ownership of Computerized Data
Both parties acknowledge that automated law enforcement records information for SSF and PACIFICA will be comingled in a single computer database owned and managed by SSF. SSF agrees to allow PACIFICA to electronically copy its records for the purpose of maintaining its own archive without additional cost to PACIFICA.
13. Assignability and Subcontracting
Neither party may assign the benefits nor delegate the duties set forth in this Agreement.
14. Insurance
Both parties shall maintain sufficient insurance, self-insurance, or a combination thereof to comply with the following requirements, and, if requested, each party shall furnish the other party with certificates of insurance evidencing the required coverage. Thirty (30) days' notice must be given, in writing as set forth in this Agreement of any pending change in the limits of liability or of any cancellation or modification of the policy. a) Worker's Compensation and Employer's Liability Insurance. Both parties shall have in effect during the entire life of this Agreement Worker’s Compensation and Employer's Liability Insurance, or an acceptable program of self-insurance providing full statutory coverage. In signing this Agreement, parties certify, as required by Section 1861 of the California Labor Code, that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and parties will comply with such provisions before commencing the performance of the work of this Agreement.
b) Liability Insurance. PACIFICA and SSF shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect it while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from PACIFICA’s and SSF’s operations under this Agreement, whether such operation be by itself or by any subcontractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than:
1. Comprehensive General Liability . . . . . . . . . . . . . . . $ 2,000,000
2. Motor Vehicle Liability Insurance . . . . . . . . . . . . . . . $ 2,000,000
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Attachment: Exhibit A: Pacifica Contract 2023 (5351 : Police Communications Services Agreement) 7 OAK #4819-0376-8073 v1
15. Non-Discrimination
No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, religious belief or political affiliation be denied any benefits or subject to discrimination under this Agreement.
PACIFICA and SSF shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. PACIFICA’s and SSF’s equal employment policies shall be made available to either party upon request.
16. Retention of Records
Each party agrees to provide to the other party, to any federal or state department having monitoring or reviewing authority, to SSF’s or PACIFICA’s authorized representatives and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit records and documents necessary to determine compliance with relevant federal, state, and local statutes, rules, and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed. PACIFICA shall maintain and preserve all records relating to this Agreement for a period of five (5) years from the termination date of this Agreement, or until audit findings are resolved, whichever is greater. SSF shall maintain and preserve all records relating to this Agreement in accordance with SSF’s adopted records retention schedule.
17. Response to Public Records Act Requests, Subpoenas, and DOJ Audits PACIFICA and SSF shall be individually responsible for complying with requests for records under the California Public Records Act. SSF shall provide technical assistance to PACIFICA if the request involves incident records contained in SSF’s computer aided dispatch system.
The Parties agree for purposes of section 6254.5 of the California Government Code that any and all information exchanged between SSF and PACIFICA pursuant to this Agreement will be treated as confidential, that only persons authorized in writing by the SSF City Manager or the PACIFICA City Manager or their delegees shall be permitted to obtain such information, subject to all applicable laws and regulations, and that any and all information exchanged between SSF and PACIFICA pursuant to this Agreement will only be used for purposes consistent with existing law.
PACIFICA and SSF shall be individually responsible for responding to California Department of Justice audits related to the California Law Enforcement Telecommunications System (CLETS) and the Department of Justice Criminal Justice Information System (CJIS) databases. SSF shall provide technical assistance to PACIFICA to extract the necessary information from the computer aided dispatch and records management systems when requested.
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Attachment: Exhibit A: Pacifica Contract 2023 (5351 : Police Communications Services Agreement) 8 OAK #4819-0376-8073 v1
18. Merger Clause
This Agreement, including any Exhibit(s) hereto constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the parties.
19. Controlling Law
The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California.
20. Amendment
This Agreement may be amended at any time upon the written mutual approval of the Parties.
21. Severability
If any provision of this Agreement shall be held to be invalid, void or unenforceable, the validity, legality or enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby.
22. Waiver
A waiver by either Party of the performance of any covenant or condition herein shall not invalidate this Agreement nor shall it be considered a waiver of any other covenant or condition, nor shall the delay or forbearance by either Party in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right.
23. Remedies Cumulative
Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties hereunder are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either Party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default.
Upon the occurrence of an event of default, the Parties may pursue all remedies at law or in equity which are not otherwise provided for in this Agreement, expressly including the remedy of specific performance of this Agreement.
24. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest and assigns of each of the Parties hereto. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor or assign of such Party who has acquired an interest in compliance with the terms of this Agreement, or under law.
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Attachment: Exhibit A: Pacifica Contract 2023 (5351 : Police Communications Services Agreement) 9 OAK #4819-0376-8073 v1
25. Attorneys' Fees
In any action at law or in equity, arbitration or other proceeding arising in connection with this Agreement, the prevailing party shall recover attorneys' fees and other costs, including, but not limited to court costs and expert and consultants' fees incurred in connection with such action, in addition to any other relief awarded, and such attorneys' fees and costs shall be included in any judgment in such action.
26. Captions; Interpretation
The captions used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of the provisions herein contained. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.
27. Disputes
If a dispute arises between the Parties regarding performance of either Party under this Agreement, the Parties shall attempt to resolve such dispute informally by a meeting with representatives of each Party. If, after a good faith attempt by both Parties to resolve the dispute informally no resolution can be reached, the Parties may, at their sole and mutual discretion, agree to engage in mediation, the costs of which shall be divided equally between the Parties, unless otherwise agreed.
28. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
29. Further Assurances
The Parties agree to execute, acknowledge, and deliver to the other such other documents and instruments, and to undertake such actions, as either shall reasonably request or as may be necessary to carry out the intent of this Agreement.
30. Time is of the Essence
Time is of the essence and is a material term for all conditions and provisions contained in this Agreement.
31. Authority
Each person 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.
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Attachment: Exhibit A: Pacifica Contract 2023 (5351 : Police Communications Services Agreement) 10 OAK #4819-0376-8073 v1
IN WITNESS WHEREOF, the parties hereto by their duly authorized representatives have affixed their hands on the day and year in this Agreement first above written. __________________________ ___________________________________ City Manager City Manager
City of South San Francisco City of Pacifica
ATTEST By:
_______________________________ ___________________________________ ATTEST:
___________________________ _________________________________ 1665866.1
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Attachment: Exhibit A: Pacifica Contract 2023 (5351 : Police Communications Services Agreement)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/22/2023
1 SUBJECT:
Consultant Services Agreement for Environmental Review Services Between the City of Pacifica and Consulting Firm Dyett & Bhatia Urban and Regional Planners RECOMMENDED ACTION:
Move to adopt the attached Resolution to approve the Agreement for Consultant Services between the City of Pacifica and Dyett & Bhatia Urban and Regional Planners with a total not to exceed amount of $218,203, and to authorize the City Manager to execute the Agreement.
STAFF CONTACT:
Christian Murdock, AICP, Planning Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:
The process to update the Housing Element of the General Plan is underway. On May 10, 2023, Planning Department staff transmitted a draft Housing Element to the California Department of Housing and Community Development (HCD). State law provides HCD 90 days to review and comment on an initial draft Housing Element submission. During the course of HCD’s review, staff is undertaking other Housing Element work to facilitate timely adoption and implementation of programs anticipated to be part of the Housing Element when it is eventually adopted. A key program in the Housing Element will be rezoning to accommodate the Regional Housing Needs Analysis (RHNA). The rezoning program must be accomplished by January 31, 2024.
Staff has determined that preparation of an environmental impact report (EIR) is appropriate to comply with the California Environmental Quality Act (CEQA) and evaluate potential environmental impacts from the rezoning program. After a public solicitation, staff has selected a proposal submitted by Dyett & Bhatia Urban and Regional Planners (Attachment 2). Dyett & Bhatia’s proposal indicated the lowest cost and shortest timeline of the proposals submitted. It was also the consultant that prepared the EIR for the General Plan Update which will ensure familiarity with the City’s existing land use regulations and environmental context, enhancing efficiencies in the EIR preparation.
The Agreement for Consultant Services (“Agreement”) would provide a cost ceiling of $218,203 (Attachment 3). This amount consists of the $198,366 proposal from Dyett & Bhatia and a 10% contingency. The term of the Agreement is proposed to end on June 30, 2024, although Dyett & Bhatia has estimated approximately 14 weeks to prepare an administrative draft EIR.
The proposed Agreement addresses environmental review to comply with CEQA for the future rezoning program that will be part of the draft Housing Element when adopted. Due to the compressed timeline for completion of the rezoning program (January 31, 2024), taking initial 5 Packet Pg. 75
Pacifica City Council 2
May 22, 2023
steps including execution of the Agreement is necessary at this time. Note that a separate review of potential environmental impacts from adoption of the Housing Element (excluding any programs that involve future implementation, such as the rezoning program) is currently in progress and is necessary to comply with CEQA prior to adoption of the Housing Element.
The EIR that will be prepared pursuant to the Agreement is required prior to implementation of one of the draft Housing Element’s most significant programs.
ALTERNATIVE ACTION:
Do not authorize the Agreement. An action not to authorize the Agreement could jeopardize the City’s ability to complete the rezoning program to accommodate the RHNA by the statutory deadline of January 31, 2024.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The Housing Element Update is associated with the following Council-adopted Work Plan initiative:
● Item 10: Prepare an update to the Housing Element of the General Plan.
Additionally, adoption of an updated Housing Element is required by state law.
FISCAL IMPACT:
The cost of this Agreement will be funded in part by approximately $60,000 in unused balances in Planning Department purchase orders from Fiscal Year (FY) 2022-23. The remainder will be funded from other remaining balances in the General Fund identified during end of year budget close-out.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
Resolution for Contract Amendment (DOCX)
Dyett & Bhatia Proposal (PDF)
Consultant Services Agreement - Dyett & Bhatia (PDF)
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTANT SERVICES
AGREEMENT WITH DYETT & BHATIA URBAN AND REGIONAL PLANNERS FOR ENVIRONMENTAL REVIEW AND RELATED SERVICES.
________________________________________________________________________ WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City Council of the City of Pacifica has considered the City Manager’s recommendation to enter into an agreement with Dyett & Bhatia Urban and Regional Planners (“Consultant”) for environmental review and related services for the 2023-2031 Housing Element Rezoning Environmental Impact Report (EIR).
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to execute the agreement with Consultant with a cost ceiling amount not to exceed $218,203 ($198,366 base cost plus 10% contingency). * * * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 22nd day of May 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
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Attachment: Resolution for Contract Amendment (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) April 13, 2023
Christian Murdock, Planning Director
City of Pacifica Planning Department
540 Crespi Dr.
Pacifica, CA 94044
Re: Proposal for Pacifica Housing Element Rezoning Program Environmental Impact Report (EIR)
Dear Christian:
We are pleased to submit this proposal for environmental review of the proposed 2023-2031 Housing Element rezoning program. Dyett & Bhatia offers substantial understanding of Pacifica and project timeline synergies, having led the recent update for the 2040 General Plan and associated EIR. D&B’s approach to cumulative analysis also presents the added benefit of the most up-to-date information for citywide transportation, greenhouse gas emissions, public services, and other topics that may result in additional efficiencies for the City in the future.
APPROACH
Our program-level EIR approach will reflect the rezoning of the approximately 20 sites, resulting in over 1,500 additional units of housing needed to meet Pacifica’s housing needs as outlined in the 2023-2031 Housing Element. Though the EIR will not include a project-level analysis, D&B and the project team will delve deeper into specific resources, constraints, and potential impacts for each of these sites. D&B understands the high priority that the Pacifica community places on safety and biological conservation, and as such, Geocon Consultants and WRA, Inc. will conduct focused reconnaissance and analysis for some areas where particular hazards or resources may be present.
One key issue to resolve with City staff will be the establishment of the appropriate time horizon for the EIR. Cumulative citywide impacts analyzed as part of the General Plan EIR extend to 2040, and buildout as part of the Housing Element is anticipated to occur over an eight-year period of 2031. At the onset of the project process, the team will discuss the relative benefits and challenges of a 2030 versus 2040 horizon year and help the City reach the most appropriate conclusion. For either horizon year, D&B will prepare traffic analysis zone (TAZ)-level projections reflecting combined development from the General Plan and the Housing Element rezoning, to enable transportation and other cumulative analysis (air quality, energy and greenhouse gas emissions, and noise) to be conducted.
TEAM
The project team brings together consultants with significant experience in Pacifica and other San Mateo coastal communities, experience in preparing program EIRs, and technical depth needed for the assignment.
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) - 2 -
Dyett & Bhatia would be the lead consultant for this project. Dyett & Bhatia brings a strong under-standing of Pacifica and unique environmental sensitivities of San Mateo County through our work on the 2040 Pacifica General Plan EIR. D&B has prepared over 40 Program EIRs, and is currently preparing Housing Element EIRs for Fairfax, Ross, Oakland, San Pablo, and Monterey.
Within San Mateo County, in addition to the Pacifica General Plan, D&B has prepared EIRs on general plans for Daly City, South San Francisco, San Bruno, and San Carlos. D&B is also exceptionally familiar with State Housing Element requirements; two of the 14 Bay Area housing elements certified so far by the HCD have been prepared by D&B.
All D&B staff working on this project all have deep knowledge and direct experience working on the Pacifica 2040 General Plan Update and EIR. Rajeev Bhatia, AICP will serve as the Principal in Charge. Alison Moore, Senior Associate, will serve as the Project Manager and primary point of contact for the City. In addition to overall project management responsibilities, she will be actively involved in the development of all EIR sections, with assistance from D&B Associates Clare Kucera and Mayu Tanaka.
DKS Associates will conduct transportation analysis. DKS has a long history of working on planning projects in San Mateo, both at the county-wide or regional level as well as with individual jurisdictions. As part of the Rezoning EIR, DKS will update the transportation and mobility analyses to reflect the net buildout of rezoned sites as well as overall cumulative citywide and regional impacts, building upon the work they conducted for the 2040 Pacifica General Plan Update EIR. These updated transportation outputs will also inform the Air Quality, Greenhouse Gas and Energy, and Noise sections of the Rezoning EIR, and updated roadway volumes will also provide the most up-to-date inputs for any additional transportation planning efforts. Senior Transportation Planner Erin Vaca will lead DKS efforts.
WRA, Inc. will conduct focused biological resources reconnaissance-level analysis at sites with potential to contain sensitive habitats or species and recommend any potential mitigations for site development. WRA, Inc. staff includes seasoned Coastal Zone experts, regulatory permitting Specialists and professional biologists. WRA has also contributed to several environmental review projects in Pacifica, including the Former Sharp Park Rifle Range, the Rockaway Quarry Reclamation Plan, and the assisted living facility on Oddstad Boulevard near San Pedro Creek. WRA is also working with Dyett & Bhatia on the City of Fairfield General Plan EIR and on the recently adopted Sonoma Developmental Center Specific Plan. Principal Leslie Lazarotti will lead WRA efforts.
Geocon Consultants, Inc. will conduct focused geotechnical analysis at sites located within seismic hazard areas. As part of this effort, Geocon will describe potential impacts and recommend strategies/ mitigation options. Geocon has contributed to several EIR efforts in Pacifica, including the Rockaway Quarry Reclamation Plan Project EIR. Shane Rodacker, Vice President and Senior Engineer, will lead this work.
Charles Salter Associates prepared existing and future noise contours for the 2040 General Plan EIR. CSA will update future noise contours based on updated traffic modeling and provide supporting analysis for the EIR. Principal Consultant Jeremy Decker will lead the CSA team.
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) - 3 -
TIMELINE AND BUDGET
Per State deadlines, zoning to accommodate the RHNA must be completed within a year after the statutory deadline of January 31, 2023. As such, our proposal outlines a highly streamlined threemonth timeline for delivering a complete Administrative Draft of Draft EIR to the City. Given public circulation requirements(45 days for the Draft EIR and 30 days for the Final EIR), the overall timeline for publishing the Final EIR will be approximately 6 months, enabling the City to complete adoption hearings by the statutory deadline.
As the lead organization for the 2040 General Plan EIR, D&B and the team already have transportation model structure, understanding of the citywide buildout at the Transportation Analysis Zone (TAZ) level, and other cumulative, citywide inputs and processes to which rezoning buildout can easily and efficiently be added. With these efficiencies, we can assure you of our ability to meet the project schedule.
Our budget reflects efficiencies resulting from our familiarity with Pacifica, and the depth of technical analysis that will be included in the EIR through participation by specialized technical sub-consultants.
We are willing to adjust any aspects of our proposal to better meet your needs.
We are highly enthusiastic about this project and look forward to working with the City again.
Sincerely,
Rajeev Bhatia, AICP
Principal
Attachments:
A: Scope of Work
B: Timeline
C: Budget and Assumptions
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) Attachment A: Scope of Work
This attachment outlines our proposed work program for all phases of the Environmental Impact Report (EIR) for the Housing Element Rezoning Project. Work products are outlined at the end of each task, and are also summarized on the Timeline table on page 11.
The task-by-task descriptions that follow represent our approach to data collection, analysis of impacts, and preparation of the EIR document. Initials in parentheses following the sub-section heading identify the lead firm for each sub-task.
• D&B: Dyett & Bhatia
• DKS: DKS Associates, Transportation Planners
• WRA: WRA, Inc., Biological Resources Consultants
• GC: Geocon Consultants, Inc., Geotechnical Consultants • CSA: Charles M Salter Associates Inc., Noise Consultants TASK 1: PROJECT INITIATION
1-A: Kick-Off Meeting with City Staff (Team). The consultant team will meet with City staff to discuss EIR approach. Roles and responsibilities will be clarified, communication protocols will be established, sites for more detailed geotechnical and biological analysis will be discussed, and a detailed work schedule will be developed. City staff will also provide the consultant with background information including an overview of proposed zoning changes and any potential foreseeable impacts and will work with the team to confirm the project horizon year. Because many impacts—such as transportation, noise, air quality and greenhouse gases—will be cumulative in nature, the horizon year will need to be established early in the process. 1-B: Review Background Materials (Team). The consultants will review pertinent documents, provided by City staff or otherwise available. This will include the 2040 General Plan and EIR (which we are already familiar with), the Zoning Code, utility master plans, urban water management plan, and any other relevant documentation.
1-C: Sites Mapping (D&B). The City will provide a shapefile of rezoned Housing Element sites or provide APNs for D&B to create shapefiles to be used for any additional maps that may need to be created for the EIR. D&B will use the basemap and other maps used previously in preparation of the 2040 General Plan EIR.
Meetings Products
• Kick-off Meeting with City Staff • N/A
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) TASK 2: SCOPING
2-A: Notice of Preparation (Staff, D&B). D&B will prepare and staff will circulate the Notice of Preparation (NOP) of the EIR for the Housing Element Rezoning effort ("Proposed Project").
Because it has already been determined that an EIR will be needed, an Initial Study need not be conducted. It is anticipated that Agricultural and Forest Resources, Cultural and Historic Resources, and Mineral Resources, and possibly Hazardous Materials, may be able to be scoped out; this will be noted in the NOP with brief rationale for scoping out these topics provided. D&B will review comments received on the NOP and ensure that comments are addressed in the EIR. 2-B: Tribal Consultation (Staff, D&B). Pursuant to SB 18 and AB 52, D&B will assist the City with tribal consultation, notifying the NAHC of the planning process and contacting tribal representatives in the planning area.
2-C: Scoping Meeting (Staff, D&B). Staff will coordinate a scoping meeting, including sending out meeting notices and reserving a conference room at the City, unless the City prefers that this meeting be conducted on Zoom. D&B will facilitate the meeting and take notes on comments made by those attending. A summary record of comments will be created using these notes and D&B will determine how to address these comments in the EIR.
Meetings Products
• Scoping Meeting (Staff, D&B) • Notice of Preparation
• Tribal Consultation Letters
TASK 3: PROJECT DESCRIPTION AND ALTERNATIVES
3-A: Project Description and Alternatives (Staff). Staff will prepare a concise EIR-level project description. This will include proposed new zones, and density and height changes. Staff will also provide direction on up to two land use alternatives (including the No Project Alternative) for inclusion in the EIR. Our budget allocates ~17 hours for consultant support to staff for alternatives development. The project description will contain the project proposal, purpose and objectives, anticipated buildout, a discussion of potential areas of controversy, and issues to be resolved.
3-B: Project Description and Alternatives Review (D&B). D&B will edit and refine the project description and description of alternatives for inclusion in the EIR.
Meetings Products
• Scoping Meeting (Staff, D&B) • Project Description and Alternatives (Staff) TASK 4: ADMINISTRATIVE DRAFT EIR (ADEIR) PREPARATION
The ADEIR will evaluate the Project and up to two alternatives (including a No Project alternative). At key points during the process, D&B will provide feedback to staff regarding environmental impacts. The ADEIR will include:
• Executive Summary;
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) • Project Description;
• Environmental Impact Analysis, including environmental setting; • Comparative Assessment of Alternatives; and
• CEQA-Required Conclusions.
4-A: Executive Summary (D&B). The Executive Summary will explain the purpose and scope of the EIR, EIR organization, study approach, project background, environmentally superior alternative and summary of impacts and mitigation.
4-B: Project Description (D&B). The Project Description will be the project proposal, purpose and objectives, anticipated buildout resulting from the Proposed Project and changes resulting from previously approved plans, a discussion of potential areas of controversy, and issues to be resolved developed in Task 3.
4-C: Environmental Setting (Team). The Environmental Setting will provide a general description of existing conditions and geography of sites to be rezoned, suitable to support a programmatic-level EIR analysis. For citywide setting, D&B will incorporate the General Plan EIR by reference, and add supplemental information for the rezoned sites. This section will incorporate the most up-todate literature, maps, databases, and other resources, including site reconnaissance findings from WRA on biological resources and GC on geotechnical hazards. The setting will also clearly document the City’s existing policy and regulatory framework and that of other agencies to permit careful analysis of potential for mitigation associated with existing codes and policies. 4-D: Environmental Impact Analysis. D&B and team will build upon our extensive experience preparing general plan and general plan EIRs, particularly for Pacifica's 2040 General Plan Update.
The analysis will consider general impacts associated with buildout as part of the Proposed Project, as well as cumulative effects of General Plan buildout plus the Proposed Project to the established horizon year. Where possible, impacts will be quantified, and their level of significance established. If existing data does not allow definitive quantification, reasonable assumptions will be used to qualitatively approximate potential impacts. The impact analysis will be comprehensive in scope, covering all CEQA requirements. Significance criteria will be identified for each impact topic, largely based upon thresholds of significance established in the 2040 General Plan EIR. Impact analysis will account for the potential mitigating effect of existing City plans and policies. Issues to be addressed are expected to include:
• Aesthetics (D&B). Key visual and open space resources in and around the City include scenic open natural lands around the City’s perimeter such as the panoramic coastline and ocean views, lateral ridges of the Coast Range, San Pedro Mountain, and scenic highway-eligible roadways Highway 1 and Sharp Park Road.
Analysis will draw upon resource evaluation in the General Plan EIR and evaluate site zoning changes, such as height increases or increased density, for potential impacts, including potential loss or obstruction of identified scenic qualities. Visual modeling is not assumed as part of this analysis; impacts to these resources will be rated objectively using approaches and methodologies accepted by the City in the General Plan EIR to permit the community and decision-makers to ascertain the impacts of zoning changes and consider the tradeoffs associated with impacts to such resources with attaining other City and Housing Element objectives.
• Air Quality (D&B). Operational air quality impacts associated with cumulative buildout (from
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) the Proposed Project, and plus the cumulative assumed buildout as part of the General Plan to the horizon year) will be evaluated by determining whether it is consistent with the most recently adopted Air Quality Plan prepared by the Bay Area Air Quality Management District (BAAQMD,) as well as with their recommended analysis thresholds. Construction-related emissions associated with the Proposed Project will be evaluated qualitatively based on guidance provided by the BAAQMD and will also include the identification of constructionrelated mitigation measures recommended by the BAAQMD. D&B will qualitatively evaluate potential health risks associated the General Plan Update, which includes an evaluation of exposure of new sensitive receptors proposed as part of sites rezoning to existing or planned sources of toxic air contaminants (TACs) and PM2.5.
• Energy, Greenhouse Gas and Climate Change (D&B). D&B will prepare a GHG analysis to address the potential net increase of GHG emissions during construction and operation activities associated with additional buildout resulting from the Proposed Project, and cumulative impacts of the Proposed Project plus assumed General Plan buildout. This section will refer to and update the General Plan overview of the current regulatory framework regarding GHGs/climate change, including but not limited to the California’s Global Warming Solutions Act of 2006 (AB 32), Senate Bill (SB) 97, SB 375, SB 32, Executive Order B-55-18, the CEQA Guidelines, and any policies or measures contained in the City's Climate Action Plan (CAP).
The analysis will quantify carbon dioxide equivalent (CO2e) units associated with construction and operational emissions attributable to the net change of housing units that may be associated with the proposed project. Emission factors and methodologies will use the most recent versions of CARB’s Orion 2018 database, the latest version of EMFAC2017 air pollutant emissions database to calculate GHG emissions utilizing VMT data, as described more fully under the air quality analysis above, and the CalEEMod emissions model (for nontransportation related emissions). This analysis will utilize the established General Plan EIR thresholds; if any significant impacts are determined by our analysis, we will prepare appropriate mitigation measures to reduce impacts to a less than significant level. • Biological Resources (WRA). The City’s planning area includes critical habitat for steelhead and the California red legged frog, and the presence of several other special status species has been documented. While most rezoning sites are previously developed. there are a few vacant sites where special status species could be present. As a part of the Environmental Setting portion of the EIR Biological Resources section, WRA will summarize special-status wildlife and plant species known to occur within and in the immediate vicinity of undeveloped or partially undeveloped sites including plants and animals listed, proposed for listing, or candidates for listing as threatened or endangered under the Federal Endangered Species Act (FESA) or the California Endangered Species Act (CESA); animals listed as “fully protected” under the California Fish and Wildlife (CDFW) Code; animals designated as “Species of Special Concern” by the CDFW; and plants listed as rare or endangered by the California Native Plant Society (CNPS). This listing will be based on current secondary sources, including but not limited to, the California Natural Diversity Data Base (CNDDB), CDFW lists, United States Fish and Wildlife Service (USFWS) databases, CNPS lists, and other applicable secondary sources.
A table which lists all potentially occurring special-status species in the vicinity will be provided in the SEIR section.
WRA will also review special habitats, including critical habitat and sensitive biological communities known to occur in the general vicinity. Following the review of existing biological and regulatory information, WRA will conduct a reconnaissance field survey of the focus sites. The field survey will assess the existing biological resources and identify, confirm, and augment any potentially sensitive biological issues. Generalized mapping of the biological
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) resources for each site will be provided; however, this Scope of Work does not include any wetland delineations or specific species surveys.
• Geologic Hazards (D&B, GC). Drawing from General Plan EIR analysis of known geologic hazards, GC will provide geotechnical feasibility review of up to eight (8) sites to identify potential geotechnical impacts to planned redevelopment, with particular focus on seismic hazards and landslides. GC will develop a memo that presents professional opinions on geotechnical feasibility of redevelopment and discussion of potential geotechnical site constraints, and describe impacts of rezoned sites with potential to be exposed to these geotechnical hazards. We propose to perform an EIR-level geotechnical feasibility review of each site to identify potential geotechnical impacts to planned redevelopment, with particular focus on seismic hazards. D&B will incorporate these findings into the Geologic Hazards section. Should mitigation measures be needed, they will focus on appropriate methods to reduce the risk from these hazards and outline any further studies that would be needed for specific sites prior to development approval. These inputs will be presented in a memo format; D&B will use these inputs to develop this EIR section. • Hazards and Hazardous Materials (D&B). The EIR will evaluate the potential for rezoned sites to be exposed to contaminant releases and airport compatibility. This will include an updated search on GeoTracker, a statewide geographic information system that tracks soil, vapor, and groundwater of leaking underground storage tank (LUST) cases and non-UST cleanup sites, including Site Cleanup Program Sites (formerly referred to as Spills-Leaks-InvestigationsCleanups (SLIC) sites), Military Sites (formerly referred to as Department of Defense sites (DOD)), and Land Disposal (Land Fill) Sites. The analysis will assess the impact of these hazards on future site development/redevelopment.
• Hydrology and Water Quality (D&B). The City of Pacific is located within all or part of nine watersheds, and flood hazards exist among most of the creeks. Broad flood inundation is relatively common in several low-lying areas, including the Sharp Park area along Sanchez Creek and in the Linda Mar neighborhood along San Pedro Creek (also an area within the 100- year flood plain, as designated by FEMA). D&B will utilize existing information within the General Plan EIR and other information such as the FEMA Flood Insurance Rate Maps (with any available updates) to describe watershed conditions, drainage patterns, flood hazards and water quality issues with input from City staff. Staff will also qualitatively evaluate potential hydrologic and water quality impacts associated with future rezoning development including increases in peak discharges, flooding, the adequacy of drainage infrastructure, and adverse effects on water quality. Programmatic mitigation measures will be identified for hydrologic-surface runoff impacts. Mitigation may include avoidance of certain critical drainage areas, design/management practices, drainage facility improvements, and implementation of water quality best management practices. • Land Use and Planning (D&B). This section of the EIR will describe potential physical and policy conflicts related to proposed land use in the planning area. The EIR will evaluate the consistency of proposed rezoning with other potential applicable policies, such as the Coastal Act.
• Population and Housing (D&B). D&B will evaluate the effect of the rezoned site development/redevelopment on dividing an established community and any potential displacement effects. D&B will include the discussion of growth inducing impacts of the project under a separate chapter which discusses all CEQA required conclusions required under CEQA Guidelines §15126.
• Noise (CSA, D&B). Building upon work conducted for the General Plan EIR, CSA will update
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) future noise contours based on new traffic data associated with potential site rezoning buildout. CSA will review updated traffic volume data from the engineer per the rezoning update; calculate traffic noise levels based on future traffic volumes, speeds, and truck percentages for each roadway segment to be included in the model; and provide the results of our traffic noise analysis in electronic spreadsheet format. The EIR will also evaluate mitigation strategies for potential future development and existing sensitive receptors that may be impacted by future development. Mitigation requirements will be identified, and potential development standards suggested, if necessary. • Public Utilities, Facilities and Services (D&B). Our team will review existing available information to identify existing capacity and constraints for public utilities, services and infrastructure, including schools, parks and recreation, water, wastewater, solid waste service, utilities, fire safety and emergency response, and police services. Using this information and projected demand, we will evaluate potential impacts associated with increased potential buildout as part of the rezoning buildout program and cumulative General Plan buildout until the horizon year, as well as any increased associated demand for public utilities, services and infrastructure. Analysis will utilize existing General Plan EIR thresholds. • Transportation and Traffic (DKS). Update of transportation modeling includes the following three subtasks:
A. Revised Future Land Use Inputs
DKS will develop revised year 2040 land use inputs for the C\CAG travel demand model that reflect the proposed rezoning. DKS will work with Dyett & Bhatia to calculate the expected increase in housing units by each Transportation Analysis Zone (TAZ) in the Pacifica planning area. The revised land use inputs will be reviewed by Dyett & Bhatia and accepted by the City of Pacifica before further work is conducted.
B. VMT Impact Assessment
DKS previously calculated VMT metrics associated with the preferred future alternative for the Pacifica General Plan Update. The metrics previously calculated include home-based VMT per capita, and home-based work VMT per employee summarized at local, county, and regional geographies. Under this task, DKS will repeat these calculations using the revised land use inputs developed under Task 1.
Because the Housing Element has a planning horizon of 2031 and the C\CAG model’s horizon year is 2040, VMT metrics may be interpolated between existing conditions and the 2040 results to estimate circa year 2030 VMT metrics, should the City decide upon that year as the horizon. Should the horizon year remain at 2040, as in the General Plan EIR, increase in housing from the rezoning program will be layered on top of development already included in the General Plan EIR analysis. This calculation ma need to be repeated for the “no project” alternative should the horizon year differ from that used in the General Plan EIR.
C. Updated General Plan Study Intersections and Roadway Segments DKS will update the study intersection and roadway level of service calculations previously prepared for the General Plan Update. These analyses involve eight general plan study intersections and 15 roadway segments. The analyses will rely on the revised year 2040 model outputs and utilize a growth increment approach. Results will be compared to those of the general plan preferred alternative to identify any impacts.
Note that DKS does not propose to collect new traffic volume data from which to calculate future year volumes for this task. DKS also does not propose updating any signalized
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) intersection timing plans for the analysis. The focus of the analysis would be changes to results obtained for the general plan.
• Wildfire (D&B). While none of the sites currently proposed for rezoning are within a very high fire hazard severity zone, a few near Pacifica's southern border are in proximity to state responsibility areas with this designation. D&B will build upon analysis in the General Plan EIR to analyze CEQA requirements for wildfire.
• Alternatives (Team). Our team will analyze up to two alternatives (including the No Project Alternative) that are capable of substantially reducing or eliminating project impacts while also attaining the key policy and planning objectives identified in the draft General Plan.
Although the analysis of alternatives will be less detailed than that for the project, sufficient analysis will be provided on the magnitude of each impact to understand the consequences and tradeoffs associated with each policy approach.
D&B will provide a qualitative analysis of traffic impacts for the alternatives. The No Project alternative would assume a future growth pattern and transportation improvements based on the current General Plan, and would include regional growth and transportation improvements outside of the City.
4-E: Other Required CEQA Sections (D&B). In addition to project impacts analysis and assessment of alternatives, we will address all standard required CEQA Sections as follows:
• Significant and Unavoidable Impacts. We will describe those significant impacts that, despite feasible mitigation, cannot be reduced to a level of insignificance. We are familiar with different approaches to such impacts, their relationship to a potential statement of overriding considerations and findings, and that long-range planning efforts often require balancing such impacts with other social and economic benefits of the project. • Significant, Irreversible Environmental Changes. As required by CEQA Guidelines Section 15126, the EIR will present information on the extent to which the project would result in an irreversible commitment of environmental resources. Based on our recent general plan EIR experience, such findings have become more relevant for general plans when considering non-renewable energy demand and climate change.
• Cumulative Impacts. CEQA Guidelines define cumulative impacts as that consisting of an impact which is created as a result of the combination of the project and other projects causing related impacts. Cumulative analysis will focus on issues such as regional commuting and congestion, regional air quality, greenhouse gases, noise, and services and utilities, etc. • Growth-Inducing Impacts. As required by State CEQA Guidelines Section 15126.2, the EIR will assess the ways in which the sites rezoning could, either directly or indirectly, foster economic or population growth (e.g., job creation that substantially exceeds housing supply), the construction of additional housing, or the extension of arterials or infrastructure (e.g., sewer lines) in outlying areas that may contribute to or stimulate future growth. • Impacts Found Not to Be Significant. We will summarize potential environmental impact where no significant impacts were identified.
Meetings Products
• N/A • Admin Draft EIR (D&B, Team)
• Electronic copies: PDF and Word
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) TASK 5: DRAFT EIR PREPARATION AND PUBLIC REVIEW
5-A: Draft EIR (Team). We will prepare the public review Draft EIR, incorporating changes in response to the City’s comments. We assume that our team will receive one consolidated set of comments on the ADEIR from City staff, ideally in track changes with comments as needed. We will then prepare and submit one electronic copy of a “screen check” draft to permit final review by City staff to ensure that City comments on the ADEIR have been addressed to the City’s satisfaction. Following any final revisions, we will produce the public review Draft EIR, and provide an electronic copy with Word and PDF versions.
5-B: Notice of Completion (D&B, Staff). D&B will prepare an electronic copy of the Notice of Completion (NOC) to accompany the required copies of the DEIR to the State Clearinghouse. The team assumes one round of City review and comment on the NOC and that City staff will be responsible for distributing the NOC and DEIR to the State Clearinghouse. 5-C: Notice of Availability (D&B, Staff). D&B will prepare an electronic copy of the Notice of Availability (NOA) of the DEIR for filing with the San Mateo County Clerk/Recorder. D&B assumes that one round of City review and comment on the NOA will be required. D&B will be responsible for adequately satisfying all filing and noticing requirements associated with the NOA in the manner required under CEQA and/or other applicable regulations, with the exception of public noticing in newspaper publications.
Meetings Products
• N/A • Screen Check Draft EIR (D&B, Team)
• Electronic copies: PDF and Word
• Public Review Draft EIR (D&B, Team)
• Electronic copies: PDF and Word
• Notice of Completion (D&B, Staff)
• Notice of Availability (D&B, Staff)
TASK 6: FINAL EIR AND HEARINGS
6-A: Response to Comments and Final EIR (Team). Our team will prepare a Final EIR which will address all comments received on the Draft EIR. Changes to the Draft EIR text will be made in strikeout/underline formatting to permit easy tracking of all changes. The EIR will include appropriately detailed responses to all written and oral comments received. A list of letters, emails, and verbal responses will be keyed to detailed responses and/ or changes in EIR text as appropriate. Our team is very familiar with the level of detail of comments typically received from local agencies (e.g., Caltrans, C/CAG). Given the volume of General Plan EIR comments, the scope anticipates up to ~150 hours of staff time to prepare responses to comment and other Final EIR components. We anticipate that responses that are within the scope of work and budget will consist of relatively detailed explanations, elaborations, or clarifications of the data contained in the Draft EIR, as well as minor corrections of background information. However, if substantive new analysis or issues that could not have been anticipated or new alternatives, or substantial project changes need to be addressed, or if the effort exceeds the budgeted amount because of the number or complexity of responses, a contract amendment may be required.
We will provide an electronic copy of the administrative draft Final EIR in Word and PDF for City
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) staff review. Upon receipt of one set of consolidated staff comments, if possible in track changes with comments as needed, our team will provide a “screen check” draft in Word and PDF for final review by City staff to ensure that City comments on the Draft EIR have been addressed to the City’s satisfaction.
We will then incorporate final changes and submit five (5) printed, bound copies, and Word and PDF versions of the Response to Comments and Final EIR to the City. 6-B: Mitigation Measures and Monitoring and Reporting Plan (D&B, Team). To the extent that additional mitigation measures are necessary, we will closely coordinate with City staff on the development of mitigation measures and the required Mitigation Monitoring and Reporting Plan (MMRP). If a MMRP is deemed necessary, all such measures would be assessed for feasibility and related to known or potential funding sources. Clear lines of responsibility for implementation would also be included, along with suggested timing. As the MMRP would be integral to tracking performance standards and achievement of programmatic mitigations, D&B would work closely with City staff on development of the MMRP and identification of appropriate tracking mechanisms.
6-C: Public Hearings (D&B). We will present the Draft and Final EIR at up to a combined three hearings/meetings of the Planning Commission and City Council. D&B will work with staff to decide how to best distribute the hearings/meetings. If staff chooses to conduct a Planning Commission meeting during the public review period, a second Planning Commission meeting will need to be held after the completion of the Draft and Final EIR for the Planning Commission to make a recommendation on the Draft and Final EIR. The City Council will certify the EIR. 6-D: Notice of Determination (D&B). Upon certification of the Final EIR, staff will prepare a Notice of Determination for the Final EIR, which staff will be responsible for filing and distributing. 6-E: Findings and Statement of Overriding Consideration (D&B). D&B will prepare Findings and a Statement of Overriding Considerations as required under CEQA Guidelines sections 15091 and 15093, respectively.
Meetings Products
• Planning Commission and City Council
Hearings (up to 3)
• Admin Draft Final EIR (D&B, Team)
• Screen Check Draft Final EIR (D&B, Team)
• Final EIR (D&B, Team)
• Mitigation Measures and Monitoring and
Reporting Plan, if needed (D&B)
• Notice of Determination (D&B)
• Findings and Statement of Overriding
Consideration
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR)
SCOPE OF WORK ASSUMPTIONS
Our Scope of Work and budget is based on the following assumptions:
• Invoices. Invoices will be based on hourly costs, and will be submitted monthly. • Meeting Attendance. The budget assumes attendance at meetings as shown in the Scope of Work.
Costs of additional meeting attendance would be on a time and materials basis if requested; such costs are not included within the guaranteed maximum fee. Bi-weekly (every two weeks) coordination phone calls with staff will be held.
• Final EIR Effort. Because the effort to prepare the Final EIR (Response to Comments on the Draft EIR) is not predictable in advance, our budget assumes that ~150 hours (100 hours of D&B time and 49 hours of subconsultant time) will be sufficient for this task. Additional effort will be additional services.
• Consolidated Comments and Direction. City staff will provide a single set of consolidated comments on the review drafts of all documents.
• Number of Review Drafts. Each product will be finalized following one round of staff review. Prior to publication, electronic Screencheck drafts of documents will be provided. • Electronic Documents. We will provide digital files of documents in Word and Adobe PDF formats, available by electronic transfer. Files will be provided both in high-resolution format for printing as well as low-resolution for posting on the City’s website. Maps will be provided in native file formats (Illustrator or ArcGIS) upon conclusion of the project. • Printing. Printing is not assumed in our budget. We would be happy to print hard copies of documents for an additional cost.
• Travel Expenses, Mailing Costs, and Other Direct Costs. The budget includes direct costs related to the project, including travel expenses, database searched, and other similar reimbursable items.
City staff will be responsible for any filing fee.
• Reallocation by Task/Subconsultant. Dyett & Bhatia reserves the right to reallocate budget by task or consultant team member, provided the overall project budget is not affected. • Increased Costs Due to Delay. Should the project extend for more than two years for no fault of consultant, the budget for remaining work would be adjusted to account for change in costs/billing rates (based on change in San Francisco-Oakland-San JoséCPI from project start).
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) Attachment B: Timeline
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) Attachment C: Budget
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) Proposal for City of Pacifica: EIR on Housing Rezoning
ATTACHMENT C: HOURS BY TASK
Task 1 Task 2 Task 3 Task 4 Task 5
Project
Initiation Scoping Project Description and Alternatives Administrative
Draft EIR
Draft EIR Final EIR Hearings (3)
Dyett & Bhatia
Rajeev Bhatia, Principal 3 3 3 24 8 8 12 61
Senior Associate 7 3 5 55 13 15 18 116
Associate 4 3 6 90 25 20 148
Planner 96 15 38 149
Sr. GIS Specialist 3 3 40 8 54
Project Associate 3 40 24 20 87
Sub-Total 20 9 17 345 93 101 30 615
DKS
Principal 0 4 1 5
Project Manager 4 32 7 43
Project Engineer 7 1 8
Assistant Engineer 2 78 9 89
Project Administrator 6 6
Sub-Total 6 127 18 151
WRA
Principal 1 6 2 9
Senior Associate 2 10 4 16
Staff 2 22 8 32
Staff 28 10 38
Staff 16 16
Staff 22 22
Sub-Total 5 104 24 133
Geocon
Principal Engineer 33 2 35
Associate Engineer 60 4 64
Staff Engineer 50 50
Research Assistant 35 35
Sub-Total 178 6 184
Charles M. Salter Associates
Vice President 3 3
Associate 18 18
Sub-Total 21 21
TOTAL HOURS 31 9 17 775 93 149 30 1,104
TOTAL
Task 6
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) Proposal for City of Pacifica: EIR on Housing Rezoning
ATTACHMENT C: BUDGET BY TASK
Task 1 Task 2 Task 3 Task 4 Task 5
Project
Initiation Scoping Project Description
and Alternatives
Administrative
Draft EIR
Draft EIR Final EIR Hearings (3)
Dyett & Bhatia
Rajeev Bhatia, Principal $ 265 $ 795 $ 795 $ 795 $ 6,360 $ 2,120 $ 2,120 $ 3,180 $ 16,165 Senior Associate 190 $ 1,330 $ 570 $ 950 $ 10,450 $ 2,470 $ 2,850 $ 3,420 $ 22,040 Associate 175 700 525 1,050 15,750 4,375 3,500 - 25,900 Planner 140 - - - 13,440 2,100 5,320 - 20,860
Sr. GIS Specialist 165 495 - 495 6,600 1,320 - - 8,910
Project Associate 105 315 - - 4,200 2,520 2,100 - 9,135 Direct Cost 50 700 - 50 50 100 950
Sub-Total $ 3,685 $ 2,590 $ 3,290 $ 56,850 $ 14,905 $ 15,940 $ 6,700 $ 103,960 DKS
Principal $ 325 $ - $ - $ - $ 1,300 $ - $ 325 $ - $ 1,625 Project Manager 260 $ 1,040 $ - $ - $ 8,320 $ - $ 1,820 $ - $ 11,180 Project Engineer 195 $ - $ - $ - $ 1,365 $ - $ 195 $ - $ 1,560 Assistant Engineer 180 $ 360 $ - $ - $ 14,040 $ - $ 1,620 $ - $ 16,020 Project Administrator 180 $ - $ - $ - $ 1,080 $ - $ - $ - $ 1,080 Direct Cost 50 50 $ 100
Sub-Total $ 1,450 $ - $ - $ 26,105 $ - $ 4,010 $ 31,565 WRA
Principal $ 289 $ 289 $ - $ - $ 1,734 $ - $ 578 $ - $ 2,601 Senior Associate 273 $ 546 $ - $ - $ 2,730 $ - $ 1,092 $ - $ 4,368 Staff 180 $ 360 $ - $ - $ 3,960 $ - $ 1,440 $ - $ 5,760 Staff 164 $ - $ - $ - $ 4,592 $ - $ 1,640 $ - $ 6,232
Staff 180 $ - $ - $ - $ 2,880 $ - $ - $ - $ 2,880
Staff 180 $ - $ - $ - $ 3,960 $ - $ - $ - $ 3,960
Direct Cost $ - $ - $ - $ - $ - $ - $ - $ -
Sub-Total $ 1,195 $ - $ - $ 19,856 $ - $ 4,750 $ - $ 25,801 Geocon
Principal Engineer $ 240 $ - $ - $ - $ 7,920 $ - $ 480 $ - $ 8,400 Associate Engineer 210 - - - 12,600 - 840 - 13,440
Staff Engineer 130 - - - 6,500 - - - 6,500
Research Assistant 105 - - - 3,675 - - - 3,675
Direct Cost - - - - - -
Sub-Total $ - $ - $ - $ 30,695 $ - $ 1,320 $ - $ 32,015 Charles M. Salter Associates
Vice President $ 325 $ - $ - $ - $ 975 $ - $ - $ - $ 975 Associate 225 - - - 4,050 - - - 4,050
Direct Cost - - - - - - - -
Sub-Total $ - $ - $ - $ 5,025 $ - $ - $ - $ 5,025
TOTAL FEE $ 6,330 $ 2,590 $ 3,290 $ 138,531 $ 14,905 $ 26,020 $ 6,700 $ 198,366 TOTAL
Hourly
Rate
Task 6
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Attachment: Dyett & Bhatia Proposal (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) OAK #4823-2508-6159 v2
- 1 - OAK #4823-2508-6159 v2
AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this _____________ day of _______________, ___, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Dyett & Bhatia Urban and Regional Planners, a California corporation (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires environmental review and related services in connection with the 2023-2031 Housing Element Update;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
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1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $218,203.00, comprised of a $198,366.00 base cost plus 10 percent contingency ("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
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performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by June 30, 2024.
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 Christian Murdock, its Director of Planning, 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.
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4.2. CONSULTANT Contact. CONSULTANT designates Rajeev Bhatia as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to CONSULTANT’s negligence, recklessness, or willful misconduct in the performance of the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.
CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in
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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 • 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.
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Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: City Manager
170 Santa Maria Avenue
Pacifica, CA 94044
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: Rajeev Bhatia
Dyett & Bhatia
4001 Howe Street
Oakland, CA 94611
Phone: (415) 956-4300
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS
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7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub5.c Packet Pg. 101 Attachment: Consultant Services Agreement - Dyett & Bhatia (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) OAK #4823-2508-6159 v2
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subcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
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7.11. 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.
7.12. 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. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. * * *
[Signatures on following 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
CONSULTANT
By: Date:
Rajeev Bhatia, President, Dyett & Bhatia
By: Date:
Attest
By:
Sarah Coffey, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
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EXHIBIT A
SCOPE OF WORK
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This attachment outlines our proposed work program for all phases of the Environmental Impact Report (EIR) for the Housing Element Rezoning Project. Work products are outlined at the end of each task, and are also summarized on the Timeline table on page 11.
The task-by-task descriptions that follow represent our approach to data collection, analysis of impacts, and preparation of the EIR document. Initials in parentheses following the sub-section heading identify the lead firm for each sub-task.
• D&B: Dyett & Bhatia
• DKS: DKS Associates, Transportation Planners
• WRA: WRA, Inc., Biological Resources Consultants
• GC: Geocon Consultants, Inc., Geotechnical Consultants • CSA: Charles M Salter Associates Inc., Noise Consultants TASK 1: PROJECT INITIATION
1-A: Kick-Off Meeting with City Staff (Team). The consultant team will meet with City staff to discuss EIR approach. Roles and responsibilities will be clarified, communication protocols will be established, sites for more detailed geotechnical and biological analysis will be discussed, and a detailed work schedule will be developed. City staff will also provide the consultant with background information including an overview of proposed zoning changes and any potential foreseeable impacts and will work with the team to confirm the project horizon year. Because many impacts—such as transportation, noise, air quality and greenhouse gases—will be cumulative in nature, the horizon year will need to be established early in the process. 1-B: Review Background Materials (Team). The consultants will review pertinent documents, provided by City staff or otherwise available. This will include the 2040 General Plan and EIR (which we are already familiar with), the Zoning Code, utility master plans, urban water management plan, and any other relevant documentation.
1-C: Sites Mapping (D&B). The City will provide a shapefile of rezoned Housing Element sites or provide APNs for D&B to create shapefiles to be used for any additional maps that may need to be created for the EIR. D&B will use the basemap and other maps used previously in preparation of the 2040 General Plan EIR.
Meetings Products
• Kick-off Meeting with City Staff • N/A
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2-A: Notice of Preparation (Staff, D&B). D&B will prepare and staff will circulate the Notice of Preparation (NOP) of the EIR for the Housing Element Rezoning effort ("Proposed Project").
Because it has already been determined that an EIR will be needed, an Initial Study need not be conducted. It is anticipated that Agricultural and Forest Resources, Cultural and Historic Resources, and Mineral Resources, and possibly Hazardous Materials, may be able to be scoped out; this will be noted in the NOP with brief rationale for scoping out these topics provided. D&B will review comments received on the NOP and ensure that comments are addressed in the EIR. 2-B: Tribal Consultation (Staff, D&B). Pursuant to SB 18 and AB 52, D&B will assist the City with tribal consultation, notifying the NAHC of the planning process and contacting tribal representatives in the planning area.
2-C: Scoping Meeting (Staff, D&B). Staff will coordinate a scoping meeting, including sending out meeting notices and reserving a conference room at the City, unless the City prefers that this meeting be conducted on Zoom. D&B will facilitate the meeting and take notes on comments made by those attending. A summary record of comments will be created using these notes and D&B will determine how to address these comments in the EIR.
Meetings Products
• Scoping Meeting (Staff, D&B) • Notice of Preparation
• Tribal Consultation Letters
TASK 3: PROJECT DESCRIPTION AND ALTERNATIVES
3-A: Project Description and Alternatives (Staff). Staff will prepare a concise EIR-level project description. This will include proposed new zones, and density and height changes. Staff will also provide direction on up to two land use alternatives (including the No Project Alternative) for inclusion in the EIR. Our budget allocates ~17 hours for consultant support to staff for alternatives development. The project description will contain the project proposal, purpose and objectives, anticipated buildout, a discussion of potential areas of controversy, and issues to be resolved.
3-B: Project Description and Alternatives Review (D&B). D&B will edit and refine the project description and description of alternatives for inclusion in the EIR.
Meetings Products
• Scoping Meeting (Staff, D&B) • Project Description and Alternatives (Staff) TASK 4: ADMINISTRATIVE DRAFT EIR (ADEIR) PREPARATION
The ADEIR will evaluate the Project and up to two alternatives (including a No Project alternative). At key points during the process, D&B will provide feedback to staff regarding environmental impacts. The ADEIR will include:
• Executive Summary;
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• Environmental Impact Analysis, including environmental setting; • Comparative Assessment of Alternatives; and
• CEQA-Required Conclusions.
4-A: Executive Summary (D&B). The Executive Summary will explain the purpose and scope of the EIR, EIR organization, study approach, project background, environmentally superior alternative and summary of impacts and mitigation.
4-B: Project Description (D&B). The Project Description will be the project proposal, purpose and objectives, anticipated buildout resulting from the Proposed Project and changes resulting from previously approved plans, a discussion of potential areas of controversy, and issues to be resolved developed in Task 3.
4-C: Environmental Setting (Team). The Environmental Setting will provide a general description of existing conditions and geography of sites to be rezoned, suitable to support a programmatic-level EIR analysis. For citywide setting, D&B will incorporate the General Plan EIR by reference, and add supplemental information for the rezoned sites. This section will incorporate the most up-todate literature, maps, databases, and other resources, including site reconnaissance findings from WRA on biological resources and GC on geotechnical hazards. The setting will also clearly document the City’s existing policy and regulatory framework and that of other agencies to permit careful analysis of potential for mitigation associated with existing codes and policies. 4-D: Environmental Impact Analysis. D&B and team will build upon our extensive experience preparing general plan and general plan EIRs, particularly for Pacifica's 2040 General Plan Update.
The analysis will consider general impacts associated with buildout as part of the Proposed Project, as well as cumulative effects of General Plan buildout plus the Proposed Project to the established horizon year. Where possible, impacts will be quantified, and their level of significance established. If existing data does not allow definitive quantification, reasonable assumptions will be used to qualitatively approximate potential impacts. The impact analysis will be comprehensive in scope, covering all CEQA requirements. Significance criteria will be identified for each impact topic, largely based upon thresholds of significance established in the 2040 General Plan EIR. Impact analysis will account for the potential mitigating effect of existing City plans and policies. Issues to be addressed are expected to include:
• Aesthetics (D&B). Key visual and open space resources in and around the City include scenic open natural lands around the City’s perimeter such as the panoramic coastline and ocean views, lateral ridges of the Coast Range, San Pedro Mountain, and scenic highway-eligible roadways Highway 1 and Sharp Park Road.
Analysis will draw upon resource evaluation in the General Plan EIR and evaluate site zoning changes, such as height increases or increased density, for potential impacts, including potential loss or obstruction of identified scenic qualities. Visual modeling is not assumed as part of this analysis; impacts to these resources will be rated objectively using approaches and methodologies accepted by the City in the General Plan EIR to permit the community and decision-makers to ascertain the impacts of zoning changes and consider the tradeoffs associated with impacts to such resources with attaining other City and Housing Element objectives.
• Air Quality (D&B). Operational air quality impacts associated with cumulative buildout (from
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Packet Pg. 108 Attachment: Consultant Services Agreement - Dyett & Bhatia (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) the Proposed Project, and plus the cumulative assumed buildout as part of the General Plan to the horizon year) will be evaluated by determining whether it is consistent with the most recently adopted Air Quality Plan prepared by the Bay Area Air Quality Management District (BAAQMD,) as well as with their recommended analysis thresholds. Construction-related emissions associated with the Proposed Project will be evaluated qualitatively based on guidance provided by the BAAQMD and will also include the identification of constructionrelated mitigation measures recommended by the BAAQMD. D&B will qualitatively evaluate potential health risks associated the General Plan Update, which includes an evaluation of exposure of new sensitive receptors proposed as part of sites rezoning to existing or planned sources of toxic air contaminants (TACs) and PM2.5.
• Energy, Greenhouse Gas and Climate Change (D&B). D&B will prepare a GHG analysis to address the potential net increase of GHG emissions during construction and operation activities associated with additional buildout resulting from the Proposed Project, and cumulative impacts of the Proposed Project plus assumed General Plan buildout. This section will refer to and update the General Plan overview of the current regulatory framework regarding GHGs/climate change, including but not limited to the California’s Global Warming Solutions Act of 2006 (AB 32), Senate Bill (SB) 97, SB 375, SB 32, Executive Order B-55-18, the CEQA Guidelines, and any policies or measures contained in the City's Climate Action Plan (CAP).
The analysis will quantify carbon dioxide equivalent (CO2e) units associated with construction and operational emissions attributable to the net change of housing units that may be associated with the proposed project. Emission factors and methodologies will use the most recent versions of CARB’s Orion 2018 database, the latest version of EMFAC2017 air pollutant emissions database to calculate GHG emissions utilizing VMT data, as described more fully under the air quality analysis above, and the CalEEMod emissions model (for nontransportation related emissions). This analysis will utilize the established General Plan EIR thresholds; if any significant impacts are determined by our analysis, we will prepare appropriate mitigation measures to reduce impacts to a less than significant level. • Biological Resources (WRA). The City’s planning area includes critical habitat for steelhead and the California red legged frog, and the presence of several other special status species has been documented. While most rezoning sites are previously developed. there are a few vacant sites where special status species could be present. As a part of the Environmental Setting portion of the EIR Biological Resources section, WRA will summarize special-status wildlife and plant species known to occur within and in the immediate vicinity of undeveloped or partially undeveloped sites including plants and animals listed, proposed for listing, or candidates for listing as threatened or endangered under the Federal Endangered Species Act (FESA) or the California Endangered Species Act (CESA); animals listed as “fully protected” under the California Fish and Wildlife (CDFW) Code; animals designated as “Species of Special Concern” by the CDFW; and plants listed as rare or endangered by the California Native Plant Society (CNPS). This listing will be based on current secondary sources, including but not limited to, the California Natural Diversity Data Base (CNDDB), CDFW lists, United States Fish and Wildlife Service (USFWS) databases, CNPS lists, and other applicable secondary sources.
A table which lists all potentially occurring special-status species in the vicinity will be provided in the SEIR section.
WRA will also review special habitats, including critical habitat and sensitive biological communities known to occur in the general vicinity. Following the review of existing biological and regulatory information, WRA will conduct a reconnaissance field survey of the focus sites. The field survey will assess the existing biological resources and identify, confirm, and augment any potentially sensitive biological issues. Generalized mapping of the biological
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Packet Pg. 109 Attachment: Consultant Services Agreement - Dyett & Bhatia (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) resources for each site will be provided; however, this Scope of Work does not include any wetland delineations or specific species surveys.
• Geologic Hazards (D&B, GC). Drawing from General Plan EIR analysis of known geologic hazards, GC will provide geotechnical feasibility review of up to eight (8) sites to identify potential geotechnical impacts to planned redevelopment, with particular focus on seismic hazards and landslides. GC will develop a memo that presents professional opinions on geotechnical feasibility of redevelopment and discussion of potential geotechnical site constraints, and describe impacts of rezoned sites with potential to be exposed to these geotechnical hazards. We propose to perform an EIR-level geotechnical feasibility review of each site to identify potential geotechnical impacts to planned redevelopment, with particular focus on seismic hazards. D&B will incorporate these findings into the Geologic Hazards section. Should mitigation measures be needed, they will focus on appropriate methods to reduce the risk from these hazards and outline any further studies that would be needed for specific sites prior to development approval. These inputs will be presented in a memo format; D&B will use these inputs to develop this EIR section. • Hazards and Hazardous Materials (D&B). The EIR will evaluate the potential for rezoned sites to be exposed to contaminant releases and airport compatibility. This will include an updated search on GeoTracker, a statewide geographic information system that tracks soil, vapor, and groundwater of leaking underground storage tank (LUST) cases and non-UST cleanup sites, including Site Cleanup Program Sites (formerly referred to as Spills-Leaks-InvestigationsCleanups (SLIC) sites), Military Sites (formerly referred to as Department of Defense sites (DOD)), and Land Disposal (Land Fill) Sites. The analysis will assess the impact of these hazards on future site development/redevelopment.
• Hydrology and Water Quality (D&B). The City of Pacific is located within all or part of nine watersheds, and flood hazards exist among most of the creeks. Broad flood inundation is relatively common in several low-lying areas, including the Sharp Park area along Sanchez Creek and in the Linda Mar neighborhood along San Pedro Creek (also an area within the 100- year flood plain, as designated by FEMA). D&B will utilize existing information within the General Plan EIR and other information such as the FEMA Flood Insurance Rate Maps (with any available updates) to describe watershed conditions, drainage patterns, flood hazards and water quality issues with input from City staff. Staff will also qualitatively evaluate potential hydrologic and water quality impacts associated with future rezoning development including increases in peak discharges, flooding, the adequacy of drainage infrastructure, and adverse effects on water quality. Programmatic mitigation measures will be identified for hydrologic-surface runoff impacts. Mitigation may include avoidance of certain critical drainage areas, design/management practices, drainage facility improvements, and implementation of water quality best management practices. • Land Use and Planning (D&B). This section of the EIR will describe potential physical and policy conflicts related to proposed land use in the planning area. The EIR will evaluate the consistency of proposed rezoning with other potential applicable policies, such as the Coastal Act.
• Population and Housing (D&B). D&B will evaluate the effect of the rezoned site development/redevelopment on dividing an established community and any potential displacement effects. D&B will include the discussion of growth inducing impacts of the project under a separate chapter which discusses all CEQA required conclusions required under CEQA Guidelines §15126.
• Noise (CSA, D&B). Building upon work conducted for the General Plan EIR, CSA will update
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Packet Pg. 110 Attachment: Consultant Services Agreement - Dyett & Bhatia (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) future noise contours based on new traffic data associated with potential site rezoning buildout. CSA will review updated traffic volume data from the engineer per the rezoning update; calculate traffic noise levels based on future traffic volumes, speeds, and truck percentages for each roadway segment to be included in the model; and provide the results of our traffic noise analysis in electronic spreadsheet format. The EIR will also evaluate mitigation strategies for potential future development and existing sensitive receptors that may be impacted by future development. Mitigation requirements will be identified, and potential development standards suggested, if necessary. • Public Utilities, Facilities and Services (D&B). Our team will review existing available information to identify existing capacity and constraints for public utilities, services and infrastructure, including schools, parks and recreation, water, wastewater, solid waste service, utilities, fire safety and emergency response, and police services. Using this information and projected demand, we will evaluate potential impacts associated with increased potential buildout as part of the rezoning buildout program and cumulative General Plan buildout until the horizon year, as well as any increased associated demand for public utilities, services and infrastructure. Analysis will utilize existing General Plan EIR thresholds. • Transportation and Traffic (DKS). Update of transportation modeling includes the following three subtasks:
A. Revised Future Land Use Inputs
DKS will develop revised year 2040 land use inputs for the C\CAG travel demand model that reflect the proposed rezoning. DKS will work with Dyett & Bhatia to calculate the expected increase in housing units by each Transportation Analysis Zone (TAZ) in the Pacifica planning area. The revised land use inputs will be reviewed by Dyett & Bhatia and accepted by the City of Pacifica before further work is conducted.
B. VMT Impact Assessment
DKS previously calculated VMT metrics associated with the preferred future alternative for the Pacifica General Plan Update. The metrics previously calculated include home-based VMT per capita, and home-based work VMT per employee summarized at local, county, and regional geographies. Under this task, DKS will repeat these calculations using the revised land use inputs developed under Task 1.
Because the Housing Element has a planning horizon of 2031 and the C\CAG model’s horizon year is 2040, VMT metrics may be interpolated between existing conditions and the 2040 results to estimate circa year 2030 VMT metrics, should the City decide upon that year as the horizon. Should the horizon year remain at 2040, as in the General Plan EIR, increase in housing from the rezoning program will be layered on top of development already included in the General Plan EIR analysis. This calculation ma need to be repeated for the “no project” alternative should the horizon year differ from that used in the General Plan EIR.
C. Updated General Plan Study Intersections and Roadway Segments DKS will update the study intersection and roadway level of service calculations previously prepared for the General Plan Update. These analyses involve eight general plan study intersections and 15 roadway segments. The analyses will rely on the revised year 2040 model outputs and utilize a growth increment approach. Results will be compared to those of the general plan preferred alternative to identify any impacts.
Note that DKS does not propose to collect new traffic volume data from which to calculate future year volumes for this task. DKS also does not propose updating any signalized
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Packet Pg. 111 Attachment: Consultant Services Agreement - Dyett & Bhatia (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) intersection timing plans for the analysis. The focus of the analysis would be changes to results obtained for the general plan.
• Wildfire (D&B). While none of the sites currently proposed for rezoning are within a very high fire hazard severity zone, a few near Pacifica's southern border are in proximity to state responsibility areas with this designation. D&B will build upon analysis in the General Plan EIR to analyze CEQA requirements for wildfire.
• Alternatives (Team). Our team will analyze up to two alternatives (including the No Project Alternative) that are capable of substantially reducing or eliminating project impacts while also attaining the key policy and planning objectives identified in the draft General Plan.
Although the analysis of alternatives will be less detailed than that for the project, sufficient analysis will be provided on the magnitude of each impact to understand the consequences and tradeoffs associated with each policy approach.
D&B will provide a qualitative analysis of traffic impacts for the alternatives. The No Project alternative would assume a future growth pattern and transportation improvements based on the current General Plan, and would include regional growth and transportation improvements outside of the City.
4-E: Other Required CEQA Sections (D&B). In addition to project impacts analysis and assessment of alternatives, we will address all standard required CEQA Sections as follows:
• Significant and Unavoidable Impacts. We will describe those significant impacts that, despite feasible mitigation, cannot be reduced to a level of insignificance. We are familiar with different approaches to such impacts, their relationship to a potential statement of overriding considerations and findings, and that long-range planning efforts often require balancing such impacts with other social and economic benefits of the project. • Significant, Irreversible Environmental Changes. As required by CEQA Guidelines Section 15126, the EIR will present information on the extent to which the project would result in an irreversible commitment of environmental resources. Based on our recent general plan EIR experience, such findings have become more relevant for general plans when considering non-renewable energy demand and climate change.
• Cumulative Impacts. CEQA Guidelines define cumulative impacts as that consisting of an impact which is created as a result of the combination of the project and other projects causing related impacts. Cumulative analysis will focus on issues such as regional commuting and congestion, regional air quality, greenhouse gases, noise, and services and utilities, etc. • Growth-Inducing Impacts. As required by State CEQA Guidelines Section 15126.2, the EIR will assess the ways in which the sites rezoning could, either directly or indirectly, foster economic or population growth (e.g., job creation that substantially exceeds housing supply), the construction of additional housing, or the extension of arterials or infrastructure (e.g., sewer lines) in outlying areas that may contribute to or stimulate future growth. • Impacts Found Not to Be Significant. We will summarize potential environmental impact where no significant impacts were identified.
Meetings Products
• N/A • Admin Draft EIR (D&B, Team)
• Electronic copies: PDF and Word
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Packet Pg. 112 Attachment: Consultant Services Agreement - Dyett & Bhatia (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) TASK 5: DRAFT EIR PREPARATION AND PUBLIC REVIEW
5-A: Draft EIR (Team). We will prepare the public review Draft EIR, incorporating changes in response to the City’s comments. We assume that our team will receive one consolidated set of comments on the ADEIR from City staff, ideally in track changes with comments as needed. We will then prepare and submit one electronic copy of a “screen check” draft to permit final review by City staff to ensure that City comments on the ADEIR have been addressed to the City’s satisfaction. Following any final revisions, we will produce the public review Draft EIR, and provide an electronic copy with Word and PDF versions.
5-B: Notice of Completion (D&B, Staff). D&B will prepare an electronic copy of the Notice of Completion (NOC) to accompany the required copies of the DEIR to the State Clearinghouse. The team assumes one round of City review and comment on the NOC and that City staff will be responsible for distributing the NOC and DEIR to the State Clearinghouse. 5-C: Notice of Availability (D&B, Staff). D&B will prepare an electronic copy of the Notice of Availability (NOA) of the DEIR for filing with the San Mateo County Clerk/Recorder. D&B assumes that one round of City review and comment on the NOA will be required. D&B will be responsible for adequately satisfying all filing and noticing requirements associated with the NOA in the manner required under CEQA and/or other applicable regulations, with the exception of public noticing in newspaper publications.
Meetings Products
• N/A • Screen Check Draft EIR (D&B, Team)
• Electronic copies: PDF and Word
• Public Review Draft EIR (D&B, Team)
• Electronic copies: PDF and Word
• Notice of Completion (D&B, Staff)
• Notice of Availability (D&B, Staff)
TASK 6: FINAL EIR AND HEARINGS
6-A: Response to Comments and Final EIR (Team). Our team will prepare a Final EIR which will address all comments received on the Draft EIR. Changes to the Draft EIR text will be made in strikeout/underline formatting to permit easy tracking of all changes. The EIR will include appropriately detailed responses to all written and oral comments received. A list of letters, emails, and verbal responses will be keyed to detailed responses and/ or changes in EIR text as appropriate. Our team is very familiar with the level of detail of comments typically received from local agencies (e.g., Caltrans, C/CAG). Given the volume of General Plan EIR comments, the scope anticipates up to ~150 hours of staff time to prepare responses to comment and other Final EIR components. We anticipate that responses that are within the scope of work and budget will consist of relatively detailed explanations, elaborations, or clarifications of the data contained in the Draft EIR, as well as minor corrections of background information. However, if substantive new analysis or issues that could not have been anticipated or new alternatives, or substantial project changes need to be addressed, or if the effort exceeds the budgeted amount because of the number or complexity of responses, a contract amendment may be required.
We will provide an electronic copy of the administrative draft Final EIR in Word and PDF for City
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Packet Pg. 113 Attachment: Consultant Services Agreement - Dyett & Bhatia (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) staff review. Upon receipt of one set of consolidated staff comments, if possible in track changes with comments as needed, our team will provide a “screen check” draft in Word and PDF for final review by City staff to ensure that City comments on the Draft EIR have been addressed to the City’s satisfaction.
We will then incorporate final changes and submit five (5) printed, bound copies, and Word and PDF versions of the Response to Comments and Final EIR to the City. 6-B: Mitigation Measures and Monitoring and Reporting Plan (D&B, Team). To the extent that additional mitigation measures are necessary, we will closely coordinate with City staff on the development of mitigation measures and the required Mitigation Monitoring and Reporting Plan (MMRP). If a MMRP is deemed necessary, all such measures would be assessed for feasibility and related to known or potential funding sources. Clear lines of responsibility for implementation would also be included, along with suggested timing. As the MMRP would be integral to tracking performance standards and achievement of programmatic mitigations, D&B would work closely with City staff on development of the MMRP and identification of appropriate tracking mechanisms.
6-C: Public Hearings (D&B). We will present the Draft and Final EIR at up to a combined three hearings/meetings of the Planning Commission and City Council. D&B will work with staff to decide how to best distribute the hearings/meetings. If staff chooses to conduct a Planning Commission meeting during the public review period, a second Planning Commission meeting will need to be held after the completion of the Draft and Final EIR for the Planning Commission to make a recommendation on the Draft and Final EIR. The City Council will certify the EIR. 6-D: Notice of Determination (D&B). Upon certification of the Final EIR, staff will prepare a Notice of Determination for the Final EIR, which staff will be responsible for filing and distributing. 6-E: Findings and Statement of Overriding Consideration (D&B). D&B will prepare Findings and a Statement of Overriding Considerations as required under CEQA Guidelines sections 15091 and 15093, respectively.
Meetings Products
• Planning Commission and City Council
Hearings (up to 3)
• Admin Draft Final EIR (D&B, Team)
• Screen Check Draft Final EIR (D&B, Team)
• Final EIR (D&B, Team)
• Mitigation Measures and Monitoring and
Reporting Plan, if needed (D&B)
• Notice of Determination (D&B)
• Findings and Statement of Overriding
Consideration
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Packet Pg. 114 Attachment: Consultant Services Agreement - Dyett & Bhatia (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR)
SCOPE OF WORK ASSUMPTIONS
Our Scope of Work and budget is based on the following assumptions:
• Invoices. Invoices will be based on hourly costs, and will be submitted monthly. • Meeting Attendance. The budget assumes attendance at meetings as shown in the Scope of Work.
Costs of additional meeting attendance would be on a time and materials basis if requested; such costs are not included within the guaranteed maximum fee. Bi-weekly (every two weeks) coordination phone calls with staff will be held.
• Final EIR Effort. Because the effort to prepare the Final EIR (Response to Comments on the Draft EIR) is not predictable in advance, our budget assumes that ~150 hours (100 hours of D&B time and 49 hours of subconsultant time) will be sufficient for this task. Additional effort will be additional services.
• Consolidated Comments and Direction. City staff will provide a single set of consolidated comments on the review drafts of all documents.
• Number of Review Drafts. Each product will be finalized following one round of staff review. Prior to publication, electronic Screencheck drafts of documents will be provided. • Electronic Documents. We will provide digital files of documents in Word and Adobe PDF formats, available by electronic transfer. Files will be provided both in high-resolution format for printing as well as low-resolution for posting on the City’s website. Maps will be provided in native file formats (Illustrator or ArcGIS) upon conclusion of the project. • Printing. Printing is not assumed in our budget. We would be happy to print hard copies of documents for an additional cost.
• Travel Expenses, Mailing Costs, and Other Direct Costs. The budget includes direct costs related to the project, including travel expenses, database searched, and other similar reimbursable items.
City staff will be responsible for any filing fee.
• Reallocation by Task/Subconsultant. Dyett & Bhatia reserves the right to reallocate budget by task or consultant team member, provided the overall project budget is not affected. • Increased Costs Due to Delay. Should the project extend for more than two years for no fault of consultant, the budget for remaining work would be adjusted to account for change in costs/billing rates (based on change in San Francisco-Oakland-San JoséCPI from project start).
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Packet Pg. 115 Attachment: Consultant Services Agreement - Dyett & Bhatia (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) OAK #4823-2508-6159 v2
OAK #4823-2508-6159 v2
EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:
1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.
2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.
3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.
Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.
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Packet Pg. 116 Attachment: Consultant Services Agreement - Dyett & Bhatia (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) OAK #4823
-2508-6159 v2
OAK #4823-2508-6159 v2
EXHIBIT B-1
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Packet Pg. 117 Attachment: Consultant Services Agreement - Dyett & Bhatia (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR) Proposal for City of Pacifica: EIR on Housing Rezoning
ATTACHMENT C: BUDGET BY TASK
Task 1 Task 2 Task 3 Task 4 Task 5
Project
Initiation Scoping Project Description
and Alternatives
Administrative
Draft EIR
Draft EIR Final EIR Hearings (3)
Dyett & Bhatia
Rajeev Bhatia, Principal $ 265 $ 795 $ 795 $ 795 $ 6,360 $ 2,120 $ 2,120 $ 3,180 $ 16,165 Senior Associate 190 $ 1,330 $ 570 $ 950 $ 10,450 $ 2,470 $ 2,850 $ 3,420 $ 22,040 Associate 175 700 525 1,050 15,750 4,375 3,500 - 25,900 Planner 140 - - - 13,440 2,100 5,320 - 20,860
Sr. GIS Specialist 165 495 - 495 6,600 1,320 - - 8,910
Project Associate 105 315 - - 4,200 2,520 2,100 - 9,135 Direct Cost 50 700 - 50 50 100 950
Sub-Total $ 3,685 $ 2,590 $ 3,290 $ 56,850 $ 14,905 $ 15,940 $ 6,700 $ 103,960 DKS
Principal $ 325 $ - $ - $ - $ 1,300 $ - $ 325 $ - $ 1,625 Project Manager 260 $ 1,040 $ - $ - $ 8,320 $ - $ 1,820 $ - $ 11,180 Project Engineer 195 $ - $ - $ - $ 1,365 $ - $ 195 $ - $ 1,560 Assistant Engineer 180 $ 360 $ - $ - $ 14,040 $ - $ 1,620 $ - $ 16,020 Project Administrator 180 $ - $ - $ - $ 1,080 $ - $ - $ - $ 1,080 Direct Cost 50 50 $ 100
Sub-Total $ 1,450 $ - $ - $ 26,105 $ - $ 4,010 $ 31,565 WRA
Principal $ 289 $ 289 $ - $ - $ 1,734 $ - $ 578 $ - $ 2,601 Senior Associate 273 $ 546 $ - $ - $ 2,730 $ - $ 1,092 $ - $ 4,368 Staff 180 $ 360 $ - $ - $ 3,960 $ - $ 1,440 $ - $ 5,760 Staff 164 $ - $ - $ - $ 4,592 $ - $ 1,640 $ - $ 6,232
Staff 180 $ - $ - $ - $ 2,880 $ - $ - $ - $ 2,880
Staff 180 $ - $ - $ - $ 3,960 $ - $ - $ - $ 3,960
Direct Cost $ - $ - $ - $ - $ - $ - $ - $ -
Sub-Total $ 1,195 $ - $ - $ 19,856 $ - $ 4,750 $ - $ 25,801 Geocon
Principal Engineer $ 240 $ - $ - $ - $ 7,920 $ - $ 480 $ - $ 8,400 Associate Engineer 210 - - - 12,600 - 840 - 13,440
Staff Engineer 130 - - - 6,500 - - - 6,500
Research Assistant 105 - - - 3,675 - - - 3,675
Direct Cost - - - - - -
Sub-Total $ - $ - $ - $ 30,695 $ - $ 1,320 $ - $ 32,015 Charles M. Salter Associates
Vice President $ 325 $ - $ - $ - $ 975 $ - $ - $ - $ 975 Associate 225 - - - 4,050 - - - 4,050
Direct Cost - - - - - - - -
Sub-Total $ - $ - $ - $ 5,025 $ - $ - $ - $ 5,025
TOTAL FEE $ 6,330 $ 2,590 $ 3,290 $ 138,531 $ 14,905 $ 26,020 $ 6,700 $ 198,366 TOTAL
Hourly
Rate
Task 6
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Packet Pg. 118 Attachment: Consultant Services Agreement - Dyett & Bhatia (5354 : Dyett & Bhatia Agreement for Housing Element Rezoning EIR)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/22/2023
1 SUBJECT:
Declaration of Surplus Property Regarding a Portion of City-owned Property Located at 540 Crespi Drive (APN 022-162-420). Recommended California Environmental Quality Act (CEQA) Status: Categorical Exemption, CEQA Guidelines Section 15312.
RECOMMENDED ACTION:
Adopt the attached resolution to declare a portion of the City-owned property located at 540 Crespi Drive (APN 022-162-420) as surplus land and directing the City Manager to follow the procedures set forth in the Surplus Land Act, California Government Code Section 54220 et seq.
STAFF CONTACT:
Christian Murdock, AICP, Planning Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:
The City of Pacifica (“City”) owns real property located at 540 Crespi Drive (APN 022-162-420) .
A portion of 540 Crespi Drive is currently used as the Community Center and skatepark, a driveway for the Community Center and skatepark, a wet-weather equalization basin (“EQ Basin”) and other City purposes. The other portion of 540 Crespi Drive, which is comprised generally of the eastern 55 feet of the site, and is approximately 540 feet long as measured from Crespi Drive southward (the “Property”), is not developed or used for City purposes. The total area of the Property is ±30,195 gross square feet. The Property has a General Plan land use designation of Public and Semi-Public (approximately northern half) and Park (approximately southern half). The zoning classification of the Property is M-1 (Controlled Manufacturing District).
The City acquired the Property in 1986 and, as noted above, it does not currently contain any City facilities or directly support any City services. Staff analyzed the feasibility of utilizing the Property and determined it was not feasible due to the narrow width and location between existing public facilities and private property. In particular, a grade differential is present along the boundary that transitions from the Community Center parking lot and driveway to the Property, making integration of the Property into the Community Center improvements challenging. Further, existing infrastructure, particularly the EQ Basin pipes and other equipment, would present practical difficulties in integrating development of the Property with the existing Community Center driveway and parking lot. In addition, the current configuration of the Community Center driveway and parking lot does not readily lend itself to an expanded use at the site.
Staff recommends that the Property be disposed of in accordance with Surplus Lands Act procedures since it is no longer needed for a City purpose. The proceeds generated may provide funding to enhance City services. Additionally, the development of the Property could 6 Packet Pg. 119
Pacifica City Council 2
May 22, 2023
provide affordable housing if a responding entity proposes a feasible project, as discussed below.
The Surplus Land Act requires all local agencies to prioritize affordable housing, as well as parks and open space, when disposing of surplus land. Recent legislation, which took effect on January 1, 2020, requires that before a local agency takes any action to dispose of land, the land must be declared “surplus land,” as supported by written findings, unless the disposal falls under any statutory exemptions. This law was part of an effort by the State to make the extensive inventory of local agency property held for future use available for development as affordable housing. The law also declares that holding property for the purpose of future industrial, commercial or retail development is no longer considered a public use.
In this case, no exemptions apply and the Property must be declared “surplus” in order to be transferred to another party. Adoption of the resolution (Attachment 1) would declare the Property as surplus land.
Upon the City’s determination that the Property is surplus land, the procedures set forth in California Government Code section 54220, et seq. must be followed. Those procedures require the City to send a written notice of availability (NOA) offering the sale of the Property to the California Department of Housing and Community Development (HCD), housing agencies, and housing sponsors (entities that have notified HCD of their interest in receiving NOAs). In addition, entities not on HCD’s list of housing sponsors may respond to an NOA. Entities interested in developing the Property for affordable housing have 60 days to respond to the NOA. If the City receives a letter of interest from any entity to develop affordable housing, then the City would enter into good faith negotiations concerning the price and terms of the sale with the interested party for a period of 90 days. An essential factor in the required good faith negotiations will be that the responding entity has proposed a feasible project and can demonstrate the experience and ability to carry out the project. If the price or terms cannot be agreed upon after 90 days (or if no entity gives notice of interest), the City may sell the Property to another party. An agreement for the sale of the Property would be brought to the City Council for consideration at a future date.
The requested action to declare the Property as surplus land is a necessary first step to a potential sale and is required to comply with the Surplus Land Act. It does not, however, obligate the City to sell the land if agreement cannot be reached on terms or price for the sale or any interested entities do not respond to the NOA.
California Environmental Quality Act (CEQA) Status
Sale or lease of surplus government property is exempt from the California Environmental Act (CEQA) pursuant to Section 15312 of the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3).
ALTERNATIVE ACTION:
The City Council could determine not to declare the Property as surplus land.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The recommended action would be consistent with the following Fiscal Year 2022-2023 City Council goals:
• “Fiscal Sustainability” includes investing in economic development to increase revenues, funding a reserve/emergency fund, and being well prepared for grant opportunities. 6 Packet Pg. 120
Pacifica City Council 3
May 22, 2023
• “A Healthy and Compassionate Community” includes addressing affordable housing and mental health services, exploring and implementing strategies that relate to homelessness, and supporting community services for all ages.
FISCAL IMPACT:
There is no fiscal impact associated with this action. The City would not be required to accept less than market value for sale of Property.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
Attachment 1 - Declaration of Surplus Property (Portion of 540 Crespi Drive) (DOCX) 6 Packet Pg. 121
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA,
CALIFORNIA, DECLARING A PORTION OF CITY-OWNED PROPERTY
LOCATED AT 540 CRESPI DRIVE, ALSO KNOWN AS SAN MATEO COUNTY ASSESSOR’S PARCEL NUMBER (APN) 022-162-420 AS SURPLUS LAND
AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET
FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
WHEREAS, the City of Pacifica (“City”) owns real property located at 540 Crespi Drive (APN 022-162-420) (“Property”); and
WHEREAS, the Property consists of approximately 30,195 gross square feet; and WHEREAS, the Property was acquired in 1986 and it does not currently contain any City facilities or directly support any City services; and WHEREAS, staff analyzed the feasibility of utilizing the Property and determined it was not feasible due to the narrow width and location between existing public facilities and private property; and
WHEREAS, the disposition proceeds may provide funding to enhance City services and the future development of the Property would create additional housing opportunities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFICA, CALIFORNIA, AS FOLLOWS:
SECTION 1: The City Council of the City of Pacifica does hereby find and declare that the Property, more particularly shown in Exhibit A to this Resolution, is no longer necessary for the City’s use and is therefore surplus land as defined in California Government Code section 54221.
SECTION 2: The City Council hereby authorizes the City Manager to send written notices of availability of the Property, to negotiate the terms of proposed sale of the Property and otherwise follow the procedures of the Surplus Land Act, California Government Code section 54220, et seq., as amended on January 1, 2020.
SECTION 3: Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.
SECTION 4: Pursuant to § 15312 of the California Environmental Quality Act (“CEQA”) Guidelines (i.e., California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387), approval of this Resolution is exempt from CEQA because they involve sale of surplus government property.
6.a
Packet Pg. 122 Attachment: Attachment 1 - Declaration of Surplus Property (Portion of 540 Crespi Drive) (5352 : Declaration of Surplus Property Regarding 2 SECTION 5: This Resolution shall take effect immediately upon its adoption by the City Council. The City Clerk shall certify as to the adoption of this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 22nd day of May 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
6.a
Packet Pg. 123 Attachment: Attachment 1 - Declaration of Surplus Property (Portion of 540 Crespi Drive) (5352 : Declaration of Surplus Property Regarding Exhibit A
DEPICTION OF THE PROPERTY
PROPERTY
6.a
Packet Pg. 124 Attachment: Attachment 1 - Declaration of Surplus Property (Portion of 540 Crespi Drive) (5352 : Declaration of Surplus Property Regarding
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/22/2023
1 SUBJECT:
Consideration of Resolution Creating the Climate Action and Adaptation Plan Task Force RECOMMENDED ACTION:
Consider and Adopt the attached Resolution of the City Council Creating the Climate Action and Adaptation Plan Task Force.
STAFF CONTACT:
Elizabeth Brooks, Management Analyst II
(650) 501-6025
[email protected]
Alyssa Barranti, Management Analyst II
(650) 501-6027
[email protected]
BACKGROUND:
In July 2014 the Pacifica City Council adopted its first Climate Action Plan. In recent years, the City Council has received requests from residents and environmental groups for the City to update its Climate Action Plan. In response to this, Council adopted as Goal #3 of their FY 2022-23 City Council Priorities to, “Complete an update to the Climate Action Plan”. Council reaffirmed their commitment in the May 8, 2023 adoption of Pacifica Strategic Plan 2023 to 2030, which states as Goal 4 to “Pursue Climate Change Adaptation and Mitigation” with an update to the City’s Climate Action and Adaptation Plan being their topmost strategy in that pursuit.
On April 24, 2023, Council held a study session to gather information and public input, as well as provide direction to staff on how the next steps for updating the CAAP should be formulated, with consideration to funding, resources, and staff involvement. Council directed staff to bring recommendations back to Council for the size and structure of a task force that will be charged to work collaboratively to develop a draft update to the CAAP. Council indicated the recommendations should address task force membership, purpose, term, and general provisions.
TASK FORCE FORMATION:
Forming a community-based task force to develop and draft an update to Pacifica’s CAAP is a method of involving the community in identifying the means and the measures the City can take to meaningfully mitigate its impact on the climate. This Task Force will be a Council-appointed group, subject to the provisions of the Brown Act, and charged with drafting the City’s CAAP for City Council consideration. Any potential strategies or measures identified by the Task Force 7 Packet Pg. 125
Pacifica City Council 2
May 22, 2023
will be informed by community input, scientific measurements, staff expertise, and will ultimately require approval by the City Council.
The City Manager recommends the following for the formation of this Task Force. These are shown in Exhibit A of the Draft Resolution, and include:
• Task Force Membership: size, representation, and selection process • Task Force Purpose and Provisions: term, meetings, duties, and general provisions A. TASK FORCE MEMBERSHIP
1. Size
The Task Force should be comprised of 9-11 community members. This number of participants is large enough for numerous tasks to be assigned and worked on by the members, provides ample positions to assure a cross-section of the community may participate, and would be a manageable size for the staff who support it.
2. Representation
To draft an effective CAAP, it is important to engage with and consider the viewpoints of a diverse mix of stakeholders. Members of this Task Force should be selected to represent a broad cross-section of the community, such as residents, businesses, youth, faith community, nonprofit organizations, and residential and commercial property owners.
City staff would not be members of the Task Force but will provide meeting support to the Task Force necessary for it to carry out its assigned work. Staff would also engage on behalf of the Task Force with other City partners such as other governmental agencies and consultants as needed.
3. Selection process
The Task Force would be a Council-appointed body. Qualified applicants would ideally have some experience with or be familiar with climate change and sustainability principles and strategies. The members would be selected through a written application process with follow-up interviews of the top-qualified applicants.
B. TASK FORCE PURPOSE AND PROVISIONS
1. Purpose
The following is a draft Task Force purpose statement for Council to consider:
To develop a Climate Action and Adaptation Plan for adoption by City Council that identifies measurable targets and specific actions the City can take to reduce GHG emissions in Pacifica on a timeline that gives consideration to funding and resources available to the City, and that includes provisions to monitor the implementation of the CAAP, as well as plan for its update at an interval deemed appropriate.
As a starting point, the City Manager recommends the following guiding principles for the Task Force in their evaluation of the CAAP’s potential targets and actions. The CAAP – 7 Packet Pg. 126
Pacifica City Council 3
May 22, 2023
• Should be representative of Pacifica’s community values and priorities as identified through purposeful community engagement.
• Should focus on the three priority areas identified for local government action in the California Air Resources Board (CARB) 2022 Scoping Plan:
o Transportation electrification
o Vehicle Miles Traveled (VMT) reduction, and
o Building Decarbonization
• Should prioritize targets and actions that are not currently addressed in other City plans and projects.
• Should, in this iteration, identify targets and actions that will have near- to mid-term effects in the Pacifica community.
• Should identify available/attainable resources for the recommended initiatives.
2. Term
The Task Force would exist for a limited term to diligently perform the specific work directed by City Council and would exist until City Council adoption of the CAAP, or until otherwise disbanded or extended by action of the City Council. The term of participation for Task Force members would be the duration of the Task Force’s existence.
3. Meetings
The Task Force will meet not less than monthly as a body and present its progress to City Council at key project milestones, to be determined, to receive guidance towards completion of the CAAP. Non-quorum subcommittees of the Task Force will likely need to meet more frequently, which would not be Brown Act noticed meetings.
4. Duties
The duties of the Task Force would be to develop a CAAP for Council consideration and adoption. This would entail engaging with staff, the community, and other stakeholders to meet the following milestones within the estimated timeline of 18 to 24 months. • Define the scope of the CAAP
• Analyze the City’s GHG inventory and develop an emissions forecast • Establish measurable targets and actionable goals
• Formulate the strategies, initiatives, and plan to implement the goals • Draft the CAAP, with reporting and updating requirements built in • Present the CAAP to City Council for adoption
5. General Provisions
The Task Force will follow the General Terms for City of Pacifica Commissions and Committees including electing a Chair and Vice Chair, holding meetings subject to the Brown Act, and following the rules in the Commission and Committee Handbook.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The creation of a Task Force to draft an update to the City’s Climate Action and Adaptation Plan reflects Council’s FY2022-23 Priority #3 to, “Complete an update to the Climate Action Plan,” 7 Packet Pg. 127
Pacifica City Council 4
May 22, 2023
the Pacifica Strategic Plan 2023 to 2030 Goal #4 to “Pursue Climate Change Adaptation and Mitigation”, and Goal #5 to “Broaden public communications and collaboration.” FISCAL IMPACT:
There is no fiscal impact to adoption of this resolution.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
7 Packet Pg. 128
Pacifica City Council 5
May 22, 2023
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA CREATING THE
CLIMATE ACTION AND ADAPTATION PLAN TASK FORCE
WHEREAS, the City of Pacifica desires to update its Climate Action Plan; and WHEREAS, on April 24, 2023, the City Council gave direction to establish a Climate Action and Adaptation Plan Task Force to develop and draft a Climate Action and Adaptation Plan (“Plan”); and
WHEREAS, the purpose of the Climate Action and Adaptation Plan Task Force is to 1) Define the scope of the Plan; 2) Analyze the City’s GHG inventory and develop an emissions forecast; 3) Establish measurable targets and actionable goals; 4) Formulate the strategies, initiatives, and plan to implement the goals; 5) Draft the Plan, and 6) Present the Plan for City Council adoption; and
WHEREAS, the Climate Action and Adaptation Plan Task Force membership, purpose, and provisions shall be as described in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica does hereby authorize the creation of the Climate Action and Adaptation Plan Task Force and shall appoint its members following the submission of applications and interviews. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 22nd day of May, 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 7 Packet Pg. 129
Pacifica City Council 6
May 22, 2023
Exhibit A
Climate Action and Adaption Plan Task Force
Purpose
The Climate Action and Adaption Plan Task Force (“Task Force”) is created to develop a Climate Action and Adaptation Plan (“CAAP”) for adoption by City Council.
Membership
The Task Force shall consist of a minimum of nine and a maximum of eleven members.
Task Force Member Terms
Appointments to the Task Force are for the duration of the Task Force’s existence, unless otherwise amended or terminated by City Council.
Task Force Duties
The duties of the Task Force are to develop a draft CAAP for Council adoption. This entails engaging with staff, the community, and other stakeholders to meet the following milestones within 18 to 24 months.
• Define the scope of the Plan
• Analyze the City’s GHG inventory and develop an emissions forecast • Establish measurable targets and actionable goals
• Formulate the strategies, initiatives, and plan to implement the goals • Draft the Plan, with reporting and updating requirements built in • Present the Plan for adoption
Task Force Meetings
The Task Force will meet not less than monthly as a body and present its progress to City Council at key project milestones, to be determined, to receive guidance towards completion of the CAAP. All meetings of the Task Force shall be open to the public, subject to the Brown Act, and abide by the rules set out in the Commission and Committee Handbook as amended from time to time.
General Provisions
The Task Force shall exist until City Council adoption of the CAAP, or until otherwise disbanded or extended by action of the City Council.
The Task Force will follow the General Terms for City of Pacifica Commissions and Committees including electing a Chair and Vice Chair, holding meetings subject to the provisions of the Brown Act, and following the rules in the Commission and Committee Handbook. 7 Packet Pg. 130
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/22/2023
1 SUBJECT:
Resolution of Intention to Continue the Business Improvement District Program and Levy the Annual Assessments for the Fiscal Year 2023-2024
RECOMMENDED ACTION:
Adopt the resolution entitled "A Resolution of the City Council of the City of Pacifica Confirming the Annual Report of the Advisory Board of the Pacifica Hotels and Business Improvement District (BID) and Declaring the City Council's Intention to Continue the BID Program and Levy the Annual Assessments for the Fiscal Year 2023-2024 at the Same Rate as Levied in the Fiscal Year 2022-2023 Without Change" and set the date of June 12, 2023, for the Public Hearing on the annual levy of assessments on hotels within the BID.
STAFF CONTACT:
Yulia Carter, Assistant City Manager
(650) 738-7402
[email protected]
BACKGROUND/DISCUSSION:
Pursuant to California Streets and Highways Code sections 36500 et. seq., the City Council of the City of Pacifica adopted Ordinance No. 714-C.S creating the Pacifica Hotel Business Improvement District and levying an annual assessment of $1.00 per room per day of occupancy on the hotels in the City.
At the request of the BID members, the City Council approved a resolution of intent to amend the Pacifica Municipal Code to remove provision for allocation of funds within thirty days and transition the Managing Agency role of the BID to the City of Pacifica at the last meeting on May 8, 2023. In addition to following this process for the ordinance amendment, this current agenda item is bringing forward a resolution of intent to continue levying the assessment at the current rate, consistent with the regular annual process brought forward before the Council each year to ensure continuous assessment with no break or interruption.
The attached Pacifica Hotel Business Improvement District (BID) report was filed with the City Clerk on May 15, 2023, detailing proposed assessments and expenditures budget, as required by the California Streets and Highways Code Section 36533. The report was prepared by the Chamber of Commerce, acting as the Managing Agency for the hotels in the BID and on behalf of the Pacifica Hotels BID Advisory Committee (Attachment 1).
There are no proposed changes in the boundaries of the Pacifica Hotels Business Improvement District this year. The proposed assessment is intended to be continued at $1.00 per room per day occupancy and is estimated to generate approximately $75,000 in revenues for the BID activities in FY2023-24.
Before levying the assessment for the 2023-2024 fiscal year, the statute requires the City 8 Packet Pg. 131
Pacifica City Council 2
May 22, 2023
Council to adopt a resolution:
1. Review and accept the annual report filed by the BID;
2. Declaring its intent to levy the annual assessment and the rate at which the assessment will be levied; and
3. Setting the time and place for a public hearing to receive any protests.
Therefore, the City Manager recommends that the Council adopt the resolution of intent to continue the assessment and set the public hearing date for June 12, 2023.
Written and oral protests to the levy of the annual assessment may be made at the public hearing in the form and manner prescribed in Sections 36625 and 36626 of the California Streets and Highway Code up until the close of the public hearing.
ALTERNATIVE ACTION:
The City Council may elect not to renew the Pacifica Hotel BID assessment for FY2023-24 or delay the adoption of the resolution to levy the assessment until a later date.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
"Enhancing Organizational and Fiscal Sustainability" includes investing in economic development to increase revenues and improve the local economy.
FISCAL IMPACT:
There is no significant fiscal impact associated with this action except for the City administrative cost of processing BID pass-through payments to the Chamber that the City collects. The City collects no fee for administering the BID assessments.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (PDF)
8 Packet Pg. 132
Pacifica City Council 3
May 22, 2023
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA CONFIRMING
THE ANNUAL REPORT OF THE ADVISORY BOARD OF THE PACIFICA HOTEL
BUSINESS IMPROVEMENT DISTRICT (BID) AND DECLARING THE CITY COUNCIL'S
INTENTION TO CONTINUE THE BID PROGRAM AND LEVY THE ANNUAL ASSESSMENTS FOR THE FISCAL YEAR 2023-2024 AT THE SAME RATE AS LEVIED IN THE FISCAL YEAR 2022-2023 WITHOUT CHANGE
WHEREAS, pursuant to California Streets and Highways Code sections 36500 et. seq., the City Council of the City of Pacifica adopted Ordinance No. 714-C.S. in 2004, creating the Pacifica Hotel Business Improvement District and levying an annual assessment of $1.00 per room per day of occupancy on the hotels in the City; and WHEREAS, the Pacifica Hotel Business Improvement District ("BID") has been operating and levying an annual assessment of $1.00 per room per day of occupancy on the hotels in the City continuously since 2004, including the fiscal year 2022-2023; and
WHEREAS, pursuant to Streets and Highways Code section 36533, the Pacifica Hotel Business Improvement District Advisory Committee has prepared and filed with the City Clerk an annual report regarding the District's operations that proposes to continue the program and assessments for the fiscal year 2023-2024 at the same amount as levied for the fiscal year 2022-2023; and WHEREAS, the City Council desires to adopt this Resolution to acknowledge the Advisory Committee's report and declare its intent to continue the BID program and assessments as levied in the fiscal year 2022-2023 at $1.00 per room per day of occupancy on the hotels in the City without change for the fiscal year 2023-2024.
RESOLVED by the City Council of the City of Pacifica, California, that:
1. Declaration of Intent to Levy Annual Assessment. The City Council hereby declares its intent to continue the BID program and levy and collect the assessment of $1.00 per room per day of occupancy on the hotels in the City of Pacifica without change for the fiscal year 2023-2024.
2. Public Hearing. The City Council hereby sets Monday, June 12, 2023, as the date for the public hearing on the annual levy of assessments on hotels within the BID. The public hearing will be held at 7:00 p.m. or as soon after that as practicable. Public Comments may be submitted by email to:
[email protected] and clearly indicate the submitter's full name, meeting date, and Agenda Item number. Refer to the meeting agenda to be published within 72 hours in advance of the meeting date to confirm the meeting format and public participation details.
3. Protest Procedures. Written and oral protests to the levy of the annual assessments may be made at the public hearing in the form and manner 8 Packet Pg. 133
Pacifica City Council 4
May 22, 2023
prescribed in Sections 36624 and 36625 of the California Streets and Highways Code.
4. Notice of Hearing. The City Clerk is directed to provide notice of the public hearing on the proposed annual levy of assessments within the BID in the manner prescribed by California Streets and Highways Code section 36534 and by mailing copies of said notice and this Resolution to each business subject to the assessment.
5. Effective Date and Certification. The City Clerk is directed to certify the adoption of this Resolution. The Resolution shall take effect immediately upon its adoption by the City Council.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on May 22, 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 8 Packet Pg. 134
May 11, 2023
Kevin Woodhouse
City Manager
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
RE: Pacifica Hotel Business Improvement Annual Report
Dear Kevin:
In accordance with the section 36533 of the California Streets and Highway Code, I am attaching our annual report to meet code requirements.
Attached, you will also find an explanation of Exhibits A-C addressing 2022-2023 results:
A) Report of Resources and Uses, July 1, 2022-2023
B) Profit and Loss, July 1, 2022 - April 30, 2023
C) Pacifica Chamber of Commerce Use of Funds as Managing Agency D) PR/Marketing/Website Overview 2022-2023
Marketing Plan for Recovery
You will find an explanation of Exhibits E-G addressing 2023-2024 plans E) Report of Resources and Uses - PROJECTED, July 1, 2023-June 30, 2024 F) Additional Marketing Plan of Actions 2023-2024
G) Marketing Action Plan Projected Budget for 2023-2024
There are no proposed changes in the boundaries of the Pacifica Hotel Business Improvement District. Although, there has been some discussion about replacing the Chamber with another managing agency to administer the Pacifica Hotel Business Improvement District, the Chamber will continue to provide services until instructed otherwise. The BID’s goal is to maximize the hotel’s investment in promoting Pacifica, the hotels and tourism. Our main focus now will be to optimize digital/on-line presence and creating robust content to be utilized for on-going promotion and publication throughout multiple platforms, primarily including the visitpaciifca.com website and it’s complimentary social platforms(ex. Facebook, Instagram, Twitter, etc.). The Chamber will continue to provide staff for the Visitor Center , disseminate information posters and collateral material located at the Rockway Beach Kiosk and Visitors Center (located in the Chamber office). Please contact either Archie Judan or Lynn Gallo, President, if you have any questions.
Sincerely,
_______________________, May 11, 2023
Archie Judan, Director/BID Rep
Pacifica Chamber of Commerce
8.a
Packet Pg. 135 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit A
PACIFICA HOTEL BUSINESS IMPROVEMENT DISTRICT
REPORT OF RESOURCES AND USES
JULY 1, 2022 – JUNE 30, 2023
Resources:
Uses:
(See attached Profit/Loss Statement for breakdown)
Note 1: Previous Fund Balance represents the previous year’s actual balance carried forward, resources in excess of uses.
BID ASSESSMENTS $67,504.00
PREVIOUS FUND BALANCE (Note 1) $10,291.00
TOTAL RESOURCES $77,795.0
Visitor Center Support & Management
– Chamber of Commerce (Note 2)
$33,752.00
Public Relations – Hook, Line & Thinker $5,000.00
Content Creation – Website Development $7,019.50
Website Management $2,494.75
Tree Lighting $775.00
Total Expenses $49,041.25
Resources in Excess of Uses (Fund Balance) (Note 2) $28,754.45
8.a
Packet Pg. 136 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit B
Pacifica Hotel Business Improvement District
PROFIT & LOSS
July 1, 2022 – May 12, 2023
5/12/2023
Cash Basis
Income
BID Income
Self-Assessment Funds from City $67,504.00
Previous Fund Balance $10,291.00
Total BID Income $77,795.00
Expenses
Public Relations $5,000.00
Content Creation – Website Development $7,019.50
Website Management $2,494.75
Tree Lighting $775.00
Total Expense $15,289.25
Chamber of Commerce
Managing Agency $33,752.00
Total Expenses $33,752.00
Net Income
Balance Sheet
As of May 12, 2023
ASSETS
Tri Counties Bank Balance 5/12/22 $28,754.45
Balance May 12, 2022 $28,754.45
8.a
Packet Pg. 137 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit C
PACIFICA CHAMBER OF COMMERCE
Managing Agency Use of Funds
2022-2023
RECEIVED FROM BID $33,752.00
These funds supported a portion of the following promotional activities:
Staffing Visitor Center 225 Rockaway Beach Ave., Pacifica • Meet with visitors answering questions and helping with travel issues • Lobby is maintained with Bay Area and Pacifica activity brochures, California and Pacifica maps, bus schedules, hiking brochures, etc.
• Answer calls about Pacifica events (ex. dog surfing contest, Fogfest), places to stay, pier status, restaurants for reunions, weddings, etc. We mail material when or if requested.
• Last years hot summer inland created an opportunity for families to come to Pacifica to “beat the heat”. This created increased activity in the Visitor Center. • The Visitor Guide and Business Directory is provided to the hotels on an ongoing basis as well as available in the Lobby.
• Sponsored transportation for the Tree Lighting. In the past, cable cars were used, the company went out of business so buses were used to being guest to Rockaway Beach. • Stamp Passports for the Golden Gate National Recreation Area • The Visitor Guide and Business Directory has a tear out page in the Directory for Beach Bites Bingo, to promote visitors to explore our businesses and the opportunity to win a gift certificate for a local business of their choice. • The long awaited opening of the Fairfield Inn and Suites was celebrated with a Ribbon Cutting was on October 11, 2022
• To reduce the Chamber operating costs the office space was downsized, and a portion was subleased to manage lease increases.
The Chamber treasurer manages City of Pacifica assessment funds and monitors and distributes funds approved by the BID. A CPA and Bookkeeper are used to review our expenditures and prepare our yearly taxes.
The Chamber website: visitpacifica.com requires constant monitoring and updates of content (ex.
Blogs, event posting, feeds, etc.).
8.a
Packet Pg. 138 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
Pacifica Chamber of Commerce
PR/Marketing/Website Overview for 2022-2023
The Chamber Board continues to closely monitor and focus on appropriate use of funds that are neutral and not influenced by external groups whose interest may be for their own personal interest. Examples of some of the changes:
The Chamber operates through checks and balances with the compartmentalization of scope of work:
a) Marketing Manager, to provide constant oversight of all marketing efforts and website administration.
b) Media Consultant, third party service provider to assist Marketing Manager with with multiple projects and assignments.
c) Pacifica Chamber of Commerce, provides the financial and executive oversight
1. BID administrative team will ensure to follow a strategic plan that compliments the Chamber’s and City’s initiatives to promote Pacifica as a travel destination.
2. Website (step 1) - General maintenance (ex. blogs and “Shop Local” page) a. Cost = $10,500 - $14,500
3. Website (step 2) - maintain organic content to position Pacifica atop of Google search results(ex. SEO, digital directories and listings)
a. Cost = $500/month
4. Retain website consultant for Step 2: Carol Camacho (website manager)
5. Continuing blog with substantive content (photos, things to do, hotel updates, shop local, features) in order to keep things fresh and interesting. a. Cost = varies based on specific project needs.
6. Social Marketing/paid campaign
a. Cost = varies based on specific project needs.
7. Continue to work with influencers, travel writers and multi-media individuals/organizations to continue to promote Pacifica as a travel destination. a. Cost = varies based on specific project needs.
8.a
Packet Pg. 139 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
Actions & Activities Person Responsible Timeframe
1. Visit Pacifica Email (PR-management) Marketing Manager Ongoing
2. Visit Pacifica Blogs:
-The Bay Area’s Most Hidden Jewel: Pacifica
(collaborated w/influencer)
-2022 Rockaway Beach Tree Lighting
-Pacifica, a Place to Work & Play!
-The Castle on the Hill
-Historic Downtown Pacifica
Marketing Manager 2022-2023
3. Visit Pacifica Press Room:
-Fairfield Inn & Suites Now Open in Pacifica
-Pacifica, CA - A Secret That Must Be
Revealed
-Weekday Shopping Along the Coast of
Pacifica
-Pacifica Ranks for Places to See Spring
Blooms
Marketing Manager 2022-2023
4.Website Ongoing Updates:
-Continuous updates for hours & days to
visitor-serving businesses and restaurants.
-Continuous updates as businesses close or
open.
Marketing Manager Ongoing
5. Other Marketing Manager Ongoing
8.a
Packet Pg. 140 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
Facebook Analytics: Visit Pacifica
Past 90 Days
|
Overview: 665 Likes
793 Follows
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Packet Pg. 141 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Facebook Analytics: Visit Pacifica Exhibit D
June 2022 - May 10, 2023
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Packet Pg. 142 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
Facebook & Instagram Highest Posts Likes: Visit Pacifica February - May 2023
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Packet Pg. 143 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
Exhibit D
Instagram Analytics: Visit Pacifica
Overview: 2,020 Followers
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Packet Pg. 144 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
Instagram Analytics: Visit Pacifica
June 2022 - May 10, 2023
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Packet Pg. 145 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
www.visitpacifica.com
Take Aways
• SEO needs to increase in 2023 to keep organic search high • Organic social is not giving Visit Pacifica a big lift. Need to focus on Google Business Profile which is underperforming.
NEW USERS 12 MONTH REVIEW
MOST VIEWD PAGES 12 MONTH REVIEW
Take Aways
1) People are coming to site for things to do and places to stay, not to purchase. 2) Dining is key
3) Outdoor recreation is top-of-mind.
8.a
Packet Pg. 146 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
MOST USED BROWSERS12 MONTH REVIEW Exhibit D
Take Aways
1) Visit Pacifica has more iOS users with a higher engagement rate on iOS devices.
AGE DEMOS 12 MONTH REVIEW
Take Aways
1) Target ad campaigns for Adults 25-34.
8.a
Packet Pg. 147 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
Take Aways
1) Improve female engagement with a focus on mothers and activities. 2) Focus on women in our community with special features GENDER DEMOS 12 MONTH REVIEW
USERS BY INTEREST 12 MONTH REVIEW
Take Aways
1) Have Visit Pacifica create some of their own events including music and shopping.
2) Utilize the Chamber map to drive shoppers around town. 3) Interviews with businesses on social media.
4) Work on dining experiences.
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Packet Pg. 148 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
USERS BY PLATFORM 12 MONTH REVIEW
Take Aways
• Target mobile users with display ads about Visit Pacifica, traffic is driven by mobile.
• Consider a mobile app at this time.
Take Aways
• Desktop users engage with the profile more than mobile users. • To increase mobile users, add more content to the GBP. There is not enough activity on the GBP. Need more posts, etc.
GOOGLE BUSINESS PROFILE Q1 REVIEW
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Packet Pg. 149 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
SEO KEYWORD RANKING & EXTERNAL LINKS
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Packet Pg. 150 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
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Packet Pg. 151 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
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Packet Pg. 152 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
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Packet Pg. 153 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
Exhibit D
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Packet Pg. 154 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
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Packet Pg. 155 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit D
“Workations” Were Pandemic Focused
HOTELS ARE FOCUSED ON
THE NEW BUSINESS
TRAVELER
WORKFORCE IS STILL
REMOTE BUT HOTELS ARE
MARKETING THEMSELVES AS
A MEETING PLACE AGAIN
IN PERSON EVENTS,
BUSINESS GATHERINGS ARE
UP
MANY HOTELS ARE
EMBRACING THE ESSENTIAL
BLUE COLLAR WORK FORCE.
Key findings
•More than half (59%) of Americans don’t like the concept of workcations. •Over two-thirds (67%) of employees say their work and leisure time has blended in recent years. Want true vacations.
•The same percentage (67%) assume if a coworker is on “workcation,” they’re not working as hard.
-JobSage December 3, 2022 Report
S
BOOKINGS BY SMALL AND
MEDIUM-SIZED BUSINESSES
ARE BACK TO 80% OF THEIR
PRE-PANDEMIC LEVELS*
E.
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Packet Pg. 156 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit E
PACIFICA HOTEL BUSINESS IMPROVEMENT DISTRICT
REPORT OF RESOURCES AND USES - PROJECTED
JULY 1, 2023 – JUNE 30, 2024
Resources:
Uses:
Note 1: As tourism remains one of the major economic driving factors in our county, generating funds specifically earmarked to market Pacifica as a tourism destination is vital. The past couple years have been anything but business as usual. From the city suggesting the BID members to reassign BID management away from the Chamber, which oversees the BID funds, to having the COVID pandemic significantly impact hotel occupancy, there have been few times of consistency. Despite these hardships and obstacles, the Chamber has continued to work effectively and to the best of its abilities. Tourism has remained strong in Pacifica and will most likely continue to do so. The Chamber and its leaders have done an exemplary job marketing Pacifica as a destination place, given its minimal budget during the time periods in comparison to our surrounding destinations such as San Francisco, Half Moon Bay, Napa and Sonoma. In addition to the measured accomplishments of the past fiscal years and current year, this report provides future goals and an operational budget for the upcoming fiscal year (FY). The budget listed is an estimate of the expected BID funds collected for the 2023-2024 period. Lastly, this report contains recommendations actionable by both the Chamber, staff and the BID members.
BID ASSESSMENTS (Note 1) $67,504.00
PREVIOUS FUND BALANCE (Note 2) $28,754.45
TOTAL RESOURCES $96,258.45
Managing Agency – Chamber of Commerce (Note 3) $40,000.00 Content Creation – Website Development $5,000.00
Website Management $5,000.00
Marketing Plan 2023-2024 $15,000.00
Total Expenses $65,000.00
Resources in Excess of Uses (Fund Balance) $31,258.45
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Packet Pg. 157 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit E
Note 2: The majority of the report is focused on digital traction, which is the most widely used platform for marketing. We have tried to work with the City of Pacifica, along with their third party marketing consultants, to implement their marketing campaigns: Yiffty Gift Card Program and Workation. The Yiffty program does not directly generate any form of returned revenue for the hotels for the next calendar year and the Workation campaign was a temporary fit for the Covid-Quarantine era, but AirB&Bs, Vrbo and other non-hotel businesses also benefit from the campaign, as well. Our main focus is hotel driven, and does not make judgement based only on Transient Occupancy Tax(TOT) revenue, and will continue to implement marketing campaigns only relevant to the hotels. Many companies are beginning to attend business conferences and meetings, and many are allowing their workers to attend again – and to tack a few days on to the trip to spend a little personal time.
Note 3: Amounts for May & June 2023 are projected since assessment checks have not been received, actual amounts may differ.
Note 4: Funds used by Managing Agency, Pacifica Chamber of Commerce, to pay part time administrator, maintaining visitor center, and supporting marketing efforts such as the Visitor Guide and Business Directory (hotels highlighted).
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Packet Pg. 158 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit F
Pacifica Chamber of Commerce
Additional Marketing Plan of Actions for 2023-2024
Our priority is to maintain the VisitPacifica.com website and pursue multiple avenues to increase hotel room occupancy by targeting specific, demographically concentrated populations that would benefit from local “staycation” options. We will place our efforts on targeting specific demographics of travelers looking for a place to temporary stay for remote work, retreats(wellness), as well as, those attending local events (ex. Fog Fest and Tree Lighting Festival).
The Pacifica Chamber of Commerce defines certain initiatives that correlate with the organization’s marketing goals for the fiscal year. They include:
a) Increase tourism revenue through the development and implementation of the annual integrated marketing, public relations, and sales plan. b) Foster collaboration and countywide alignment by promoting the “go to” website:
visitpacifica.com for all tourism stakeholders.
c) Increase the City of Pacifica’s brand awareness and positive perception. d) Develop a data-sharing process that offers context and insights for partners visitpacifica.com continues to be the main calling card for the City of Pacifica, being our largest asset and main data collection point, the team is looking into contract with Simpleview (Book>Direct) to integrate a lodging booking link on the website. This allows the consumer to view lodging properties availability and pricing directly on the visitpacifica.com website. By using a call to action in digital marketing campaigns the website is pushing potential visitors to the newly launched booking link integrated into www.visitpacifica.com website, allowing consumers to book lodging directly through the website.
1. Public Relations (PR)
-Hosting media
-Monthly press releases
-Wellness media/influencer
-Traveler Podcast
-Best of Investing Radio Promo
-Host individual influencers
2. Social Media
-Feature blog posts (for continued SEO and content creation) -Advertising on all platforms (*Instagram, Facebook, Twitter, etc.) -Hotel News/re-branding/promotions/etc.
-Campaigns (ex. Workation, Shop Local, etc.)
-Create updated content and media assets for future campaigns -Influencer collaborations (shared posts and endorsement)
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Packet Pg. 159 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit F
3. Advertising
-VIA Magazine
-California Tourism
-SF Media Company (*SF Bucketlisters, Do the Bay)
-Facebook Ads
-Instagram(sponsors)
4. Website
-Continue to update all pages with new information and content(ex. Shop Local) -Monthly blog post features: Feature story of Pacifica (monthly) -Update hotel information
-Refresh photos
-Add page(s) as needed
-Develop an interactive and engaging campaign with social channels to drive traffic to the website and bookings for hotels.
-Review quarterly analytics to compare ROI from previous campaigns
5. Visitor Center
6. Optimization & Solution
-Increase SEO hours and add more keywords
-Added SEO to site-Ongoing
-Optimize Google Business Profile and generate more posts and engagement. -Profile and generate more posts and engagement in the space -Optimize blog posts for better SEO and more relevant social media posts
7. Video Production for digital content
-Create video highlighting every hotel. Break up the content in the reels and shorts -Create video highlighting Pacifica, including: restaurants, recreation, surfing, retail and the diffrent landmarks of Pacifica
-Started video production highlighting The Castle.
8. OTT Targeted Campaigns
-Optimize Visual Storytelling
-Utilize video content to create digital assets for future use. -Use video to create content directed towards specific demographic and geographic populations.
-Use video to create :15 and :30 “Weekend For Two” spots targeted to Central Valley on OTT
-Use video to create :15 and :30 second spots focused on hotels and Pacifica in non contest months.
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Packet Pg. 160 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit F
9. Targeted Display Ad Strategy
-Visit Pacifica has no targeted display and/or mobile campaigns. -Targeted online/mobile digital ad campaign in the Central Valley promoting the hotels and their offerings.
-Targeted online/mobile digital ad campaign promoting quarterly weekend giveaway contests.
-CONTESTING, “WEEKEND FOR TWO” (lead generation campaigns) -Quarterly contests focused on one of the BID hotels giving away a weekend for two.
-Tie in local restaurants in the contest and a recreational activity like surfing as other prizes.
-Build user data base for future engagement in promotions and newsletters.
10. Blog Strategy
-It has been identified in our SEO reports that Visit Pacifica blogs need more content to extend further into social media postings.
-Create blog content hubs.
-Build out topic clusters to enhance social media content. -Create 5 Blog posts per month min 1,000 words.
11. Email Marketing
-Newsletter
-Direct email marketing(ex. birthdays or events notifications. -Utilize fresh double opt in user data from contesting and other sources to promote specials each hotel has monthly in targeted email marketing campaigns. -Create a monthly newsletter strategy and add form to website. -No leave behinds and passion conversion after experience.
12. Revenue Generating Streams (Ex. Merchandise/E-Commerce and banner ads monetization -Create an online store with merchandise available in the hotels. -Shop Local” page integration for YELP experience with banner ads -Booking for hotel and restaurant reservations upgrade with plug-in for direct tracking
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Packet Pg. 161 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit F
‘Bleisure’
“Workation” Concept Has Evolved
*Company meeting or event followed by people staying the weekend.
WORKLIFE BALANCE IS THE NEW FOCUS
2022 Vacation Deprivation Report: How To Unplug From Work When On Vacation* Flexible work arrangements have you feeling … well, less than flexible? It’s not just you. According to Expedia’s 22nd annual Vacation Deprivation report, over half of working adults in the U.S. agreed that working remotely and work-fromhome flexibility has made it more difficult to be unplugged from work when on vacation. Further, three-fifths reported feeling vacation deprived.
While a majority were able to take advantage of the new state of the working world by traveling more, the report also found that 61% of those that took at least one “workcation” in the past year don’t consider them to be “true” vacations and a whopping 72% feel more burned out than ever,
VACATIONS ARE BACK
•Expedia’s 22nd annual Vacation Deprivation Report discovered that burned-out workers plan to prioritize permitting themselves to truly take time away for the sake of their own sanity. • Almost all (92 percent) of the over 14,500 survey participants—hailing from the Americas, Europe and Asia-Pacific —agreed that taking regular vacations is important for a person’s overall health and well-being and not including work
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Packet Pg. 162 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit F
Business Travel is Back
•Business travel is finally coming back — but it's not traditional corporate clients who are leading the revival. •Bookings by small and medium-sized businesses are back to 80% of their pre-pandemic levels, The Wall Street Journal reports.
•This is especially true in smaller cities, as sales teams travel to meet with regional decision-makers, construction crews temporarily move closer to work sites, and companies bring remote or hybrid teams together in person. •Hotels are addressing the shift toward more blue-collar clientele by trading craft beers for Coors Light at bars and modifying kitchen schedules to accommodate people who work night shifts.
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Packet Pg. 163 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
Exhibit G
Pacifica Chamber of Commerce
Marketing Action Plan Projected Budget for 2023-2024
Recommended Action Person Responsible Budget Timeframe
1. Website Marketing Manager/
Web Consultant
$10,500-14,500 Ongoing
2. Influencers: SF
Bucketlisters (ex., SF
Media Co. and Do The
Bay)
Marketing Manager/
Web Consultant
$1,100-10,000 Ongoing
3. Content Creation Marketing Manager/
Web Consultant
$1,400-7,210 Ongoing
4. Social Media/Blog
site/Google reviews
Upkeep
Marketing Manager/
Web Consultant
$12,000-17,500 Ongoing
5. Other Campaigns, Advertising, etc. TBD Ongoing
Total $25,000-49,210 2023-2024
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Packet Pg. 164 Attachment: Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (5360 :
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/22/2023
1 SUBJECT:
Appointments to the Beautification Advisory Committee; Parks, Beaches and Recreation Commission; Open Space and Parkland Advisory Committee; and Measure Y Citizens’ Oversight Committee
SUBJECT:
Appointments to the Beautification Advisory Committee; Parks, Beaches and Recreation Commission; Open Space and Parkland Advisory Committee; and Measure Y Citizens’ Oversight Committee
RECOMMENDED ACTION:
1) Move to appoint an applicant to the Beautification Advisory Committee for 1 partial term to expire March 2026;
2) Move to appoint applicant(s) to the Parks, Beaches and Recreation Commission for 2 full four-year terms to expire May 2027;
3) Move to appoint applicant(s) to the Open Space and Parkland Advisory Committee for 2 full four-year terms to expire May 2027;
4) Move to appoint applicant(s) to the Measure Y Citizens’ Oversight Committee for 2 twoyear terms to expire May 2025 and up to 3 four-year terms to expire May 2027.
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
The City has recruited applicants for the Beautification Advisory Committee (BAC); Parks, Beaches and Recreation Commission (PB&R); and Open Space and Parkland Advisory Committee (OSPAC) to fill vacancies and expiring terms as follows:
1) one (1) position on the Beautification Advisory Committee for one partial term to expire March 2026;
2) two (2) positions on the Parks, Beaches and Recreation Commission for full 4-year terms to expire May 2027;
3) two (2) positions on the Open Space and Parkland Advisory Committee for full 4- year terms to expire May 2027.
Recruitment notices were posted on the City website on March 24, 2023, and published in the Pacifica Tribune on March 29, 2023; April 5, 2023; April 12, 2023; and April 19, 2023. The 9 Packet Pg. 165
Pacifica City Council 2
May 22, 2023
application deadline of April 14, 2023, was extended to April 21, 2023, and then finally to April 28, 2023.
At the City Council meeting held on April 24, 2023, the City Council approved Resolution No. 40-2023 creating the Measure Y Citizens’ Oversight Committee. The City has recruited applicants for the Measure Y Citizens’ Oversight Committee to fill two (2) positions for partial terms to expire May 2025 and up to three (3) positions for full terms to expire May 2027.
Recruitment notices were posted on the City website on April 26, 2023, and published in the Pacifica Tribune on May 3, 2023, and May 10, 2023.
Recruitment for the above-referenced City Committee / Commission positions was also advertised in the “Connect With Pacifica” weekly e-newsletter issued by the City Manager’s Office and the City’s Facebook and NextDoor social media channels.
The City received two (2) timely applications for the Beautification Advisory Committee; three (3) timely applications for the Parks, Beaches and Recreation Commission; two (2) timely applications for the Open Space and Parkland Advisory Committee; and four (4) timely applications for the Measure Y Citizens’ Oversight Committee. The list of applicants under consideration for each committee and commission are attached.
Interviews were conducted by the City Council at a Special City Council Meeting held on May 16, 2023.
Selection Process
Lists of all applicants under consideration for each committee / commission are attached as Attachment A - Beautification Advisory Committee applicants, Attachment B - Parks, Beaches and Recreation Commission applicants, Attachment C - Open Space and Parkland Advisory Commission applicants, and Attachment D - Measure Y Citizens’ Oversight Committee applicants.
Council may choose to deliberate as to the candidates that they would support to nominate for appointments to each of the open Committee or Commission seats. Council should then make a formal motion to appoint named applicants to each committee / commission. Each formal motion should specify which named individual(s) are nominated for appointment to full terms and which named individual(s) are nominated for appointment to a partial term of specified duration, if there are multiple positions to be filled for differing terms.
As set forth in Resolution No. 40-2023 (Attachment E) establishing the Measure Y Citizens’ Oversight Committee and setting forth the Committee Member Terms, the first two members appointed shall serve for an initial 2-year term (to expire May 2025) and the remaining appointed member(s) shall serve a 4-year term (to expire May 2027). The formal motion for appointments to the Measure Y Citizens’ Oversight Committee should name which individuals are selected for the initial 2-year term and which are selected for the 4-year term(s).
FISCAL IMPACT:
None associated with this item.
ORIGINATED BY:
City Clerk
9 Packet Pg. 166
Pacifica City Council 3
May 22, 2023
ATTACHMENT LIST:
Attachment A - Beautification Advisory Committee applicants (DOC) Attachment B – Parks, Beaches and Recreation Commission applicants (DOC) Attachment C – Open Space and Parkland Advisory Commission applicants (DOC) Attachment D – Measure Y Citizens’ Oversight Committee applicants (DOC) Attachment E: Resolution No. 40-2023: Creating Measure Y Oversight Committee (PDF) 9 Packet Pg. 167
CITY COUNCIL REGULAR MEETING
MAY 22, 2023
APPOINTMENT TO
BEAUTIFICATION ADVISORY COMMITTEE
NEED 1:
• 1 partial to expire March 2026
Applicant Please
Snezana (Sue) Markovic-Garza
Ryan Stiles
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Packet Pg. 168 Attachment: Attachment A - Beautification Advisory Committee applicants (5353 : Appointments to City Committees / Commissions: BAC,
CITY COUNCIL REGULAR MEETING
MAY 22, 2023
APPOINTMENT TO
PARKS, BEACHES & RECREATION COMMISSION
NEED 2:
• 2 full 4-year terms to expire May 2027
Applicant Please
Nancy Salcedo
Gail Shoemaker
Mark Torres
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Packet Pg. 169 Attachment: Attachment B – Parks, Beaches and Recreation Commission applicants (5353 : Appointments to City Committees / Commissions:
CITY COUNCIL REGULAR MEETING
MAY 22, 2023
APPOINTMENT TO
OPEN SPACE & PARKLAND ADVISORY COMMITTEE
NEED 2:
• 2 full 4-year terms to expire May 2027
Applicant Please
Ellen Natesan
Aaron Read
9.c
Packet Pg. 170 Attachment: Attachment C – Open Space and Parkland Advisory Commission applicants (5353 : Appointments to City Committees /
CITY COUNCIL REGULAR MEETING
MAY 22, 2023
APPOINTMENT TO
MEASURE Y CITIZENS’ OVERSIGHT COMMITTEE
NEED 3-5:
• 2 partial terms to expire May 2025
• up to 3 full 4-year terms to expire May 2027
Applicant Please
Marjory Davis
Dave Griesbach
Nicholas Humann
Joe Hurley
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Packet Pg. 171 Attachment: Attachment D – Measure Y Citizens’ Oversight Committee applicants (5353 : Appointments to City Committees / Commissions:
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Packet Pg. 172
Attachment: Attachment E: Resolution No. 40-2023: Creating Measure Y Oversight Committee (5353 : Appointments to City Committees / RESOLUTION NO. 40-2023
Exhibit A
Measure Y Citizens’ Oversight Committee
Purpose
The Measure Y Citizens’ Oversight Committee (“Committee”) is created to report annually to the City Council regarding the collection and expenditure of revenue from Measure Y, a one-half cent Transaction and Use Tax.
Membership
The Committee shall consist of a minimum of three and a maximum of five members.
Committee Member Terms
Appointments to the Committee shall be for a 4-year staggered term unless otherwise determined by the City Council. The first two members appointed by the Council shall serve for an initial 2-year term, and the remaining member(s) shall serve a 4-year term. The Council may remove at any time by majority vote any committee member.
Committee Duties
1. Review of the annual audit report prepared by the City’s independent auditor related to the prior fiscal year’s collection and expenditure of Measure Y revenue.
2. Review and discuss staff’s presentation regarding the annual revenue projections and allocation of expenditures as part of the annual budget resource planning
3. Provide community ambassador work to facilitate and promote community education about the variety of government services, mandates and diverse community needs funded by Measure Y.
Avoidance of Conflicts
To preserve the integrity and independence of the advisory process, Committee members shall not have a role in determining the use of revenue generated by Measure Y.
Committee Meetings
The Committee shall meet once to be briefed on the Annual Budget (mid-year) and again to review the Measure Y Audit Report and adopt an Annual Report on Measure Y revenues and expenses as described under Committee Duties, Item 2.
General Terms
When the specific purpose for the Committee is accomplished, the Committee will be disbanded unless extended by action of the City Council.
The Committee shall select one of its members to act as Chair and another to act as Vice Chair on an annual cycle as of date of establishment.
The Committee shall hold open meetings subject to the Brown Act and shall abide by the rules set out in the Commission and Committee Handbook as amended from time to time.
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Packet Pg. 173 Attachment: Attachment E: Resolution No. 40-2023: Creating Measure Y Oversight Committee (5353 : Appointments to City Committees /