Pacifica City Council
September 25, 2023

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 Special Meeting 1 September 25, 2023
SPECIAL AND REGULAR MEETING – 6:00 PM
September 25, 2023 (MONDAY)
www.cityofpacifica.org
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Please note that Alternative platforms for participation are subject to underlying technology functionality and may be modified or interrupted at any time without notice. • Written Public Comments:

BEFORE THE MEETING: Written public comments 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 Special Meeting 2 September 25, 2023
6:00 PM - OPEN SPECIAL AND REGULAR MEETING
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.

Salute to the Flag led by Councilmember Boles

SPECIAL PRESENTATIONS
A. Proclamation - Gretchen "Greta" Hayes
B. Proclamation - Fire Prevention Week

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

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

1. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the meeting held on August 28, 2023 for the Joint Study Session of the City Council and Open Space & Parkland Advisory Committee and Regular Meeting of the City Council and the meeting held on September 11, 2023 for the Regular Meeting of the City Council.

2. Update Job Classification for the Deputy Director of Public Works – Wastewater Position PROPOSED ACTION: Move to adopt a Resolution approving revisions to the job classification for the Deputy Director of Public Works - Wastewater.

3. Approve the agreement with the County of San Mateo, Behavioral Health and Recovery Services (BHRS) to expand the Community Wellness and Crisis Response Team (CWCRT) pilot program in the City of Pacifica and to share the costs of one full-time mental health clinician in Pacifica as part of the CWCRT pilot program.

City Council Special Meeting 3 September 25, 2023
PROPOSED ACTION: Adopt the attached resolution approving a three-year agreement between the County of San Mateo and the City of Pacifica to share the costs of one fulltime mental health clinician in Pacifica as part of the Community Wellness and Crisis Response Team (CWCRT) pilot program for an estimated annual cost of $88,369, which shall be prorated based on the clinician’s start date; and authorizing the City Manager to sign the Agreement.

4. Notice of Completion for the Calera Creek Water Recycling Plant Photovoltaic System Improvement Project – Phase 1
PROPOSED ACTION: Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the Calera Creek Water Recycling Plant Photovoltaic System Improvement Project - Phase 1.

5. Notice of Completion for the FY 2023-24 Concrete Improvement Project PROPOSED ACTION: Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the FY 2023-24 Concrete Improvement Project; and Authorize the City Manager to release the retention funds to the contractor.

6. A Resolution Supporting the Manor Drive Overcrossing Project and Authorizing Submittal of an Application for Measure A and W Highway Program Funding PROPOSED ACTION: Adopt the resolution entitled "A Resolution of the City Council of the City of Pacifica Supporting the Highway 1 / Manor Drive Overcrossing Improvement Project and Authorizing Submittal of an Application for Measure A and Measure W Highway Program Funding" that authorizes staff to submit the grant application for the Measure A and W Highway Program Funding of $3,600,000, authorizes the City Manager to execute any document/s required for the grant application, and commits the required $400,000 in matching funds for the project if the grant is approved.

7. Resolution to Approve Consultant Service Agreement with Telstar Instruments for CCWRP SCADA and PLC Upgrade Project.

PROPOSED ACTION: Adopt the Resolution entitled, "A Resolution of the City Council of the City of Pacifica Authorizing an Agreement for Consultant Services between the City of Pacifica and Telstar Instruments for CCWRP SCADA and PLC Upgrade Project to approve the following actions:

A. Authorize the City Manager to Award and Execute a Consultant Services Agreement with Telstar Instruments in an amount of $1,040,731.00; and B. Approve a total project budget of $1,150,000.00 which includes contingencies in an amount not to exceed $109,269.00 or ten and one-half percent (10.5%) of the Consultant Contract amount; and
C. Authorize staff to Execute Future Change Orders not to exceed the listed contingency amounts.

8. Master Agreement and Task Order No. 1 between the City of Pacifica and NCE for Design and Engineering Services related to the FY 2024-25 Pavement Resurfacing Project.

PROPOSED ACTION: Adopt a Resolution entitled "A Resolution of the City Council of City Council Special Meeting 4 September 25, 2023
the City of Pacifica Approving the Master Agreement and Task Order No. 1 between the City of Pacifica and NCE for Design and Engineering Services in the amount of $157,000.00 in connection to the FY 2024-25 Pavement Resurfacing Project; approve budget authority in the amount of $172,700.00 which includes contingencies in an amount not to exceed 10% from the Street Construction Fund (Fund 9); and authorize the City Manager to execute all documents related with the project.”

9. Resolution to Approve Purchase Agreement between the City of Pacifica and PanPacific Supply to rebuild the P20 Prime Pump and Epoxy coat Hydraflo Pump for the Linda Mar Stormwater Pump Station Rehabilitation Project and rebuild the Fairbanks Morse pump and GE Vertical motor for the Linda Mar Pump Station Rehabilitation and Replacement Project.

PROPOSED ACTION: Adopt Resolution Approving the Purchase Agreement between the City of Pacifica and Pan-Pacific Supply, via urgent purchase, in the amount of $93,987.40 to rebuild the P20 Prime Pump and Epoxy coat Hydraflo Pump for the Linda Mar Stormwater Pump Station Rehabilitation Project and rebuild the Fairbanks Morse pump and GE Vertical motor for the Linda Mar Pump Station Rehabilitation and Replacement Project and authorize the City Manager to execute all documents related to the purchase.

10. Acceptance of County of San Mateo Measure K Grant for $20,000 for support for the Coastside News Group, Inc.

PROPOSED ACTION: Adopt a Resolution “Accepting a Measure K Grant in the amount of $20,000 from the County of San Mateo and approving the Measure K Grant Agreement to provide support for the Coastside News Group, Inc., through a one-time grant.”

11. City of Pacifica response to the Grand Jury Report: "Bike Safety in San Mateo County:

Making Bicycling Safer in the County"
PROPOSED ACTION: Move to approve the response to the San Mateo County Civil Grand Jury Report titled "Bike Safety in San Mateo County: Making Bicycling Safer in the County"

12. Comment Letter on Federal Aviation Administration Civil Aviation Noise Policy PROPOSED ACTION: Authorize the Mayor to submit the comment letter provided in Attachment B to the Federal Aviation Administration regarding Civil Aviation Noise Policy.

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, City Council Special Meeting 5 September 25, 2023
may remove or cause the removal of an individual for disrupting the meeting, after providing the necessary warning pursuant to California Government Code Section 54957.95 with confirmation from the City Attorney that removal is appropriate.

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

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

PUBLIC HEARINGS - NONE.

CONSIDERATION - NONE.

ADJOURN
NOTICE: If you challenge a city's zoning, planning or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any city administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for litigation, in certain cases 30 days following the date of the final decision 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 City Council Special Meeting 6 September 25, 2023
• 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
9/25/2023
1 SUBJECT:

Approval of Minutes
RECOMMENDED ACTION:

Move to approve the minutes of the meeting held on August 28, 2023 for the Joint Study Session of the City Council and Open Space & Parkland Advisory Committee and Regular Meeting of the City Council and the meeting held on September 11, 2023 for the Regular Meeting of the City Council.

STAFF CONTACT:

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

Move to approve the minutes of the meeting held on August 28, 2023 for the Joint Study Session of the City Council and Open Space & Parkland Advisory Committee and Regular Meeting of the City Council (Attachment A) and the meeting held on September 11, 2023 for the Regular Meeting of the City Council (Attachment B).

FISCAL IMPACT:

Within budgeted operational expenses.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (PDF) Attachment B: Minutes of 09-11-2023 Regular Council Meeting (PDF) 1 Packet Pg. 7

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 August 28, 2023

SPECIAL AND REGULAR MEETING
August 28, 2023 (MONDAY)
www.cityofpacifica.org
Mayor Tygarjas Bigstyck called the meeting to order on August 28, 2023 at 5:35 PM 5:30 PM - JOINT STUDY SESSION - CITY COUNCIL AND OPEN SPACE & PARKLAND

ADVISORY COMMITTEE
Mayor Bigstyck called the study session to order at 5:35 p.m.

City Clerk Coffey took a verbal roll call of Councilmembers.

Mayor pro Tem Vaterlaus requested participation remotely via Zoom pursuant to AB 2449 Emergency Circumstances clause, stating that it is due to an emergency physical illness.

Mayor Bigstyck explained the requirements, including disclosing any other individuals above the age of 18 years old present at her remote location.

Mayor pro Tem Vaterlaus stated that her husband, Brent Vaterlaus, and son, Ryan Vaterlaus, are currently in the room.

City Clerk Coffey asked for a roll call vote of Council to approve Mayor pro Tem Vaterlaus’ participation via Zoom due to emergency circumstances. She then took a vote by verbal roll call.

APPROVE REMOTE PARTICIPATION PURSUANT TO AB2449 - VATERLAUS (EMERGENCY CIRCUMSTANCES)
RESULT: ADOPTED [UNANIMOUS]
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Joint Study Session of City Council and Open Space & Parkland Advisory Committee (OSPAC) to discuss committee survey results and consideration of revisions to OSPAC's authorizing resolution.

PROPOSED ACTION: Provide direction to the City Manager after consideration of survey results and OSPAC's request.

Mayor Bigstyck stated that the joint study session between Council and Open Space and Parkland Advisory Committee (OSPAC) is to discuss committee survey results and

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 2 August 28, 2023
consideration of revisions to OSPAC’s authorizing resolution. He asked City Clerk to take a verbal roll call of OSPAC members.

City Clerk Coffey took a verbal roll call of the OSPAC members present: Chair Arlene Patton, Vice Chair JoAnne Arnos, Sarah Cardona, Ian McDermod, Julie Lancelle, Lauren Goodmiller, Ellen Natesan, and Amanda Skaggs.

City Manager Woodhouse and Planning Director Murdock presented the staff report.

Councilmember Boles thanked OSPAC for their service. She read that they have reviewed four projects since 2020 and wondered if other developers were invited but declined from participating.

Planning Director Murdock stated that they have made the offer to all applicants with projects on sites in the Open Space Task Force report but not all have taken up the opportunity to present to OSPAC.

Councilmember Boles asked if they have an idea of how many declined.

Planning Director Murdock thought the majority opted not to present to OSPAC.

Councilmember Boles referred to OSPAC’s request to include HPD and land adjacent to existing parcels and asked how many parcels they are talking about.

Planning Director Murdock estimated 100 or more additional parcels.

Councilmember Boles asked the City Attorney, regarding development projects, to confirm there are no legal issues with the current mandate.

Asst. City Attorney Sharma confirmed.

Councilmember Boles asked if the Planning Director could explain the project process for OSPAC, and Planning Director Murdock explained how staff keeps OSPAC up-to-date on projects within the Open Space Task Force report at their meetings.

Councilmember Bier asked staff how the opportunity is presented to developers.

Planning Director Murdock stated it is an optional opportunity and not mandated.

Chair Patton referred to Councilmember Boles’ questions and stated they need more dialogue regarding developers and their acceptance/declination of presentations to OSPAC.

Planning Director Murdock thought they could add to their report that they extended an invitation and whether they received an acceptance.

Vice Chair Arnos followed up regarding Councilmember Boles’ question and suggested a different process to consider, such as a minor development plan or more background. She also noted a more direct approach from OSPAC to Planning to the developer.

Planning Director Murdock responded to two topics: 1) a more in-depth description of the project and 2) formalize how the invitation to developers is conveyed.

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 3 August 28, 2023
Councilmember Beckmeyer thanked the committee members for being here and shared some thoughts on their process.

Councilmember Bier stressed that the relationship building piece is important.

Councilmember Boles shared some information about previous OSPAC meetings and asked if there was a fee for this process now.

Planning Director Murdock stated that they do charge for staff time preparing for the OSPAC presentation. In response to Mayor Bigstyck’s question of the general cost, Planning Director Murdock estimated $1000 for preparation time and meeting presentation.

Committee Member Skaggs asked if $1000 was the cost given to each of the four projects since 2020 or the cost for a more formalized process.

Planning Director Murdock stated the latter, as the current process is about $500; the process requested by OSPAC would be more expensive, requiring a more intensive staff report.

Ms. Skaggs asked if a less formal option would be more viable.

Planning Director Murdock thought the low-cost process is what OSPAC has currently requested and can’t imagine it being less formal with less staff time and less money.

Ms. Skaggs asked about additional options and costs associated with them.

Planning Director Murdock stated that it was open for Council direction on the method.

Regarding the process, they have the least formal and structured process possible currently, and along the lines of OSPAC’s suggestions would be more expensive. He stated that, as Vice Chair Arnos mentioned, the OSPAC members need some amount of information and analysis to understand the project in relation to the Open Space Task Force report, which takes staff time to prepare.

City Manager Woodhouse thought cost was an important topic, but there is no private development application process that does not reimburse the cost for the city and all time is billed to that developer. He then acknowledged that the current quick update process will cost the developer less than a more robust one.

Vice Chair Arnos referred to the budget funds OSPAC has.

City Manager Woodhouse stated that this has come up for other committees and commissions, and there is no such thing as separate funding for them but all city publicly funded dollars. He stated that the issue was a gift of public funds to a private entity and is the cost recovery basis for charging all of the staff time related to private projects. If OSPAC had its own budget and allocated it to certain projects that came before, that would be an inequitable treatment of public funds between development projects across the board.

Vice Chair Arnos concluded that they don’t have a budget.

City Manager Woodhouse stated that it does have a budget because any work plan items directed by Council are funded by the city so they do indirectly have a budget that Planning

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manages through, i.e., training for OSPAC members. To exempt certain projects would be an inequitable treatment of private development projects.

Vice Chair Arnos understood.

Committee Member Ellen Natesan asked what would be different or added to the current reports they are generating if under a more formal required process.

Planning Director Murdock thought, if there is the expectation that OSPAC will have a more indepth analysis and recommendations, they would need to do more background information as to how the project relates to the General Plan, etc., that could modify a project, in addition to follow-up process.

Ms. Natesan asked if the background research would be done for the Planning Commission or wouldn’t have been done otherwise.

Planning Director Murdock stated it depends on the project and the degree they need to prepare regarding different policies and issues regarding open space; this would be a deep and focused open space related analysis that probably wouldn’t be done for Planning Commission.

Ms. Natesan asked about developers’ concerns about costs.

Planning Director Murdock thought time was more important to applicants than money in most cases as it can impact the project timeline.

Mayor pro Tem Vaterlaus asked how much additional time it will take and how OSPAC can make a decision based on a portion of the information. She also asked where the funds could be located from.

Planning Director Murdock stated that scheduling under OSPAC’s current request could add 1-2 months: Considering the process, they would not be able to make the first OSPAC meeting after application submittal, thus 1-2 months in best case scenario, and meetings may be canceled, adding 1-2 months more. Regarding information, OSPAC is trying to balance engaging with applicants early enough where applicants may be willing to make changes to the project and having enough information to understand the project. Thus, OSPAC may need to speak to requesting engagement with applicants prior to application completeness.

Chair Patton stated funding may be available from grants with OSPAC and staff’s collaboration.

Regarding what they hope to recommend to Planning or Council, they would like to comment in terms of Open Space Task Force Report in terms of natural resource, adjacency, etc.

Ms. Natesan stated that, in terms of commenting on a project, it would help to look at the project at a high level in the context of the larger landscape trail. She referred to various funding types, where they can help get a grant to address the various issues.

Mayor Bigstyck opened public comments.

Peter Loeb, Pacifica, stated he is present mainly because he was on the Council that created OSPAC, as well as Sue Digre and Julie Lancelle, and he explained the reason for creating that report, and didn’t support a new level of legislative review but supports an opportunity to have a conversation with a developer.

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 5 August 28, 2023
Clif Lawrence, Pacifica, stated he read the staff report which was about time and money, and he wanted to present them a different view, sharing his thoughts on the process.

Sue Digre, Pacifica, stated she agrees with both speakers, and shared her thoughts and suggestions on the public being engaged in the process of government by and for the people.

Remi Tan, Pacifica, stated he wanted to share his comments on the need for this committee reviewing the projects in the HPD.

Dinah Verby, Pacifica, stated that she is speaking as an individual but most Pacificans know she is the Vice President of the Pacifica Land Trust Board and is looking at this issue through that lens as well. She supports restoring OSPAC’s original function rather than expanding and shared her thoughts on the issue.

Mayor Bigstyck closed public comments.

Councilmember Boles asked about the end time of the meeting, and Mayor Bigstyck checked with Asst. City Attorney Sharma. Asst. City Attorney Sharma stated it is the purview of the body to keep going as desired, provided that, if they get too late in the hour, she would have concerns. She thought extending about 30 minutes should be okay.

Mayor Bigstyck concluded going to 7:30 would be acceptable.

Asst. City Attorney Sharma responded affirmatively.

Mayor Bigstyck appreciated everyone who attended and commented and he appreciated all the community sentiment and respectful tone. He thanked OSPAC for their presence and expressed his hope that they all feel comfortable that this is a conversation. He welcomed every viewpoint during the discussion. He stated that he would like to take about 20 minutes for the discussion, or more if necessary, but he would like to reserve the last 15 minutes for Council to deliberate about direction.

Committee Member Sarah Cardona stated that they are learning a lot about how the city works.

She stated that they want to find ways to work together to maintain the beautiful Pacifica we have while balancing the decision-making and better understanding of the Planning Commission to enable more lines of communication. She also stated that there are many ways OSPAC can support funding with staff.

Mayor Bigstyck shared his thoughts on a liaison from OSPAC and asked staff for feedback.

Asst. City Attorney Sharma referred to the liaison’s role which is to represent the views of the majority of the body. She shared her thoughts on the issue and concluded a concern she would have on the formality that such a decision takes to come to. Referring to the Housing Element process and HCD, she mentioned the trend of state laws and any additional hurdles or costs will be scrutinized by the state.

Councilmember Boles asked if Planning Commission is trained on and aware of the Open Space Task Force Report and OSPAC issues.

City Manager Woodhouse mentioned what the Planning Commission reviews regarding the

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application staff analyzed; there are master plans that can be analyzed and included in the report to the Planning Commission.

Councilmember Boles concluded that nothing precludes an OSPAC member from coming to Planning Commission meetings for projects under the Open Space Task Force Report and commenting as an individual.

City Manager Woodhouse stated any Commission or Committee member can speak as an interested citizen on a project.

Vice Chair Arnos stated that their committee has had experience with liaisons, which was for sharing information and building community.

Planning Director Murdock commented further on the question of why there aren’t liaisons from other committees or commissions present at the Planning Commission meeting to share information and perspectives. He mentioned thoughts on other considerations and the difficulty in defining where the line is to be drawn for providing the opportunity for several committees to share information and perspectives from their advisory documents.

Mayor Bigstyck referred to the staff report regarding the Open Space Task Force Report being used as a reference for various committees to identify issues of concern. He asked if staff included that information when a development comes before the Planning Commission.

Planning Director Murdock didn’t think there were many projects advanced to the Planning Commission from the Open Space Task Force Report; the relevance of the Open Space Task Force Report wasn’t clear with no formal role in regulations evaluated and applied to projects, so they may consider where that role is carved out or not in the General Plan or zoning regulations that apply to the development.

Mayor Bigstyck had two questions: 1) Would they amend the General Plan to include specific reference to the Open Space Task Force Report in such a way that it becomes a requirement of Planning Commission? 2) Is the nature of the narrative in the report such that it might give clear indications to Planning Commission on the latitude they may have related to that document regarding suggestions on a project.

Planning Director Murdock thought it was yes, when it makes sense to make that a General Plan amendment, adding that the Open Space Task Force Report is mentioned in the General Plan but doesn’t have any implementing or guiding policies related to applying that when considering General Plan consistency. Regarding the effectiveness of the Open Space Task Force Report to provide a more formalized role, he wasn’t sure. He concluded that, if Council is considering a General Plan amendment, they need to think about how the Open Space Task Force Report can be updated to identify open space opportunities and how they can be capitalized in the development process.

Mayor Bigstyck thought he was saying the Open Space Task Force Report could be more powerful for the Planning Commission if updated and he asked if there was a role for OSPAC during the update process.

Planning Director Murdock stated that yes, if the General Plan were amended to explicitly reference the report, the Open Space Task Force Report would need to be updated and then could provide a useful tool; to whatever extent OSPAC continues to have a role in reviewing

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 7 August 28, 2023
projects, an update to articulate and highlight what those Open Space opportunities are to be capitalized on is essential to having an effective review of the development project and provide up front guidance. He stated that they can have significant community input into a plan update process in a way that is not as easy to achieve in a single meeting on a specific project.

Councilmember Beckmeyer stated Planning Director Murdock was echoing her thoughts throughout the course of this meeting. It was informative to hear the perspective of those who came before and she felt they were at a place that is striking her as not being that different from past times when there was keen interest in development. Now it is coming from HCD. She thought there was some urgency around this community regarding a need and desire for collaboration for legal reasons. She stated that the Open Space Task Force Report is not the law, but an opportunity.

Ms. Natesan sees the value in an updated document, but updating a large document would be expensive, time-consuming, and controversial. She has some concerns about launching the process of revising it while projects and developments are moving through; the underlying process is to engage early with the community and developers to find opportunities.

Vice Chair Arnos thought the Committee would be open to some compromise to tighten up the invitations, get developers to come, get the community to come, and allow the public to call in.

She felt they were a valuable committee and they want to build community. She appreciated this meeting to do this as it is important to the committee and thanked Council for the time.

Councilmember Boles thanked Vice Chair Arnos for her comments. She asked if there were other ways they can strengthen the process now, define their purview and role to help them do their job, and get more projects to come before them. She referred to their meetings allowing more public participation. She stated that staff was looking for input on prioritizing the items that weren’t completed, and she would like to hear from everyone on what they think are the most important things they want to work on.

Chair Patton thought, in their proposed resolution, they outlined what they thought were the most important things to their committee. They all understood there were some legal constraints in terms of what can be done, but they feel that a real opportunity is being lost because they aren’t being engaged the way they could be. In support of what Ms. Natesan was saying, she thought they have to tread very carefully with updating with the Open Space Task Force Report. From her perspective, when she read the Open Space Task Force Report for the first time, she saw an aspirational document; from a land owner point of view, here’s a way of being included and identifying some of the more significant environmental issues.

Councilmember Bier stated she is ready to give her feedback and direction, and she thanked them for responding to the survey. She thinks there is room for some changes in meeting structure where every single commissioner has an opportunity to speak. She thinks having OSPAC being very involved in creating the invitations to our developers and the community is important. If they have an opportunity to look at budget next year, they can have a budget for brochures or flyers where OSPAC is able to express how important it is with a positive opportunity about it.

Mayor pro Tem Vaterlaus thought the first thing to do would be to standardize the letter between OSPAC and Planning as it is an ask for the developer to see if they want to come but she didn’t think you can make them. The public has the opportunity to speak at Council and Planning Commission meetings and it would give then an additional place to speak about a project. She

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 8 August 28, 2023
didn’t feel like OSPAC should be making decisions on development. She stated that the city has a list of all projects that anyone in the public can go to and see if people have submitted projects and where they are in the process, if done, incomplete, and has information.

Councilmember Boles was leaning towards keeping the process as it is, informal and not required, but she wants to strengthen the process and do more to encourage more participation by developers. She asked whether they can ask a developer to outreach to find neighbors and further define the role, purview, and what items would be discussed, which is part of the communication to the developer. She was uncomfortable saying to add all HPD sites or add all the sites that are adjacent to what is existing now, but if OSPAC was to make a list, as there is a map in the General Plan of sites that are currently HPD, she thought it would be easy to add those parcels. She thinks having a thoughtful process of reviewing and deciding what sites would be added would be good. She would love to see a map digitized as well as Zoom meetings. She noted OSPAC input in various city aspects could be helpful as well.

Councilmember Beckmeyer stated that she is looking forward to working on this further. She thought it was important to have a meeting between OSPAC and the Planning Commission at some time.

Mayor Bigstyck felt the importance of updating the Open Space Task Force Report was highlighted by Councilmember Boles. He thought studying what that would mean at an OSPAC meeting and seeing where it could go would be a good first step. He heard consistently was a letter penned by the Chair and Vice Chair inviting applicants to voluntarily come which sounds like a good idea. He stated updating OSPAC on what is going on at different sites would benefit from reference materials like the Open Space Task Force Report. He thought OSPAC could discuss what would be helpful to discuss as a group, including retreat opportunities. He would like to pitch back to OSPAC on a debrief and deconstruction of how they felt about this study session and if they all feel like they would like to come back and engage with Council more; he suggested staff listen to what OSPAC says and encouraged a second round of discussion.

City Manager Woodhouse wanted to understand and be more specific about the direction. He stated that Mayor Bigstyck is directing OSPAC to take this up and discuss and staff to bring back potential future joint study session again. He felt there has been a lot of input and ideas shared, as well as robust discussion. The goal is revisions to the charter and direction. Staff could take all of that as they do with other issues and process it and bring it back to a consideration item for the Council to have that more robust discussion about what to decide to do and what direction to give. If it is being kicked back to OSPAC, his request would be to provide more clear direction about what they are discussing and bringing back to Council.

Councilmember Bier thought this is the time to extend their study sessions because they are taking the time to review charters, including an extended conversation with OSPAC.

Mayor Bigstyck stated he is recommending that this item go back to OSPAC for them to debrief on it so they can deliberate on how they felt heard and on which issues they might like to discuss more with Council.

Chair Patton understood that they would bring the discussion back to OSPAC, get more information from where they came from, and potentially return for another joint study session.

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 9 August 28, 2023
JOINT STUDY SESSION - City Council and Open Space & Parkland Advisory Committee No Vote Required.

ADJOURN JOINT STUDY SESSION
Mayor Bigstyck adjourned the study session at 7:42 p.m. 7:00 PM OPEN SESSION - REGULAR MEETING OF CITY COUNCIL
Call to Order
Mayor Bigstyck reconvened the regular meeting at 7:55 p.m.

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

Mayor pro Tem Vaterlaus requested participation remotely via Zoom pursuant to AB 2449 Emergency Circumstances clause, stating that it is due to an emergency physical illness.

Mayor Bigstyck explained the requirements, including disclosing any other individuals above the age of 18 years old present at her remote location.

Mayor pro Tem Vaterlaus stated that no individuals were currently in the room with her.

City Clerk Coffey asked for a roll call vote of Council to approve Mayor pro Tem Vaterlaus’ participation via Zoom due to emergency circumstances. She then took a vote by verbal roll call.

APPROVE REMOTE PARTICIPATION PURSUANT TO AB2449 - VATERLAUS (EMERGENCY CIRCUMSTANCES)
RESULT: ADOPTED [UNANIMOUS]
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Staff Present: Kevin Woodhouse, City Manager; Deepa Sharma, Asst. City Attorney; Lisa Petersen, PW Director; Yulia Carter, Asst. City Manager; Christian Murdock, Planning Director; Maria Sarasua, Police Chief; Bob Palacio, PB&R Director; Bill Amable, Dep. Fire Chief; Tara

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 10 August 28, 2023
Schiff, Economic Development Manager; Vicente Romero, Police Sergeant; Raymund Donguines, Sr. Civil Engineer; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.

Reading of Land Acknowledgment
Mayor Bigstyck read the Land Acknowledgment.

Salute to the Flag led by Councilmember Beckmeyer

SPECIAL PRESENTATIONS
A. Presentation by San Mateo Resource Conservation District (RCD) - Kellyx Nelson Kellyx Nelson, Exec. Director of Resource Conservation District (RCD) in San Mateo County gave a presentation regarding their role in helping with conservation.

Councilmember Beckmeyer stated what Ms. Nelson does is amazing and she loves how she partners with so many people in our community. She stated that she would add mental health to her comment on the benefits for human members of the ecosystem. She noted the engagement and passion present in the opportunities to their citizens.

Ms. Nelson thanked her. One of the things she loves about working in Pacifica is that Pacifica has so much community capacity for conservation. She stated that the capacity in this community for conservation is amazing.

Councilmember Boles added the overlaps between the work with fire management and habitat restoration and its overlap with OSPAC. Ms. Nelson would welcome the opportunity to meet with them.

Councilmember Bier thanked her as she has learned so much.

Mayor Bigstyck thanked her for being here and touching on bacteria as that is a huge hot topic in Pacifica. He asked her about Eucalyptus removal in general.

Ms. Nelson stated that she feels the same conflict:while they are beautiful, they damage soil health and accelerate erosion, impair bio-diversity, and disrupt ecological function, and from all those ecosystem process related perspectives.

Councilmember Boles asked what happens following removal of Eucalyptus.

Ms. Nelson stated it depends on the project as every project is designed differently and they start a project by saying what are our goals. If it is for forest ecological restoration, what it looks like is going to be different from a shaded fuel break which is about disrupting the continuity of fuels or giving an egress route. She stated one might look less vegetated than another.

Sometimes there are other habitats that are valuable if ecological restoration is your goal. If your focus is narrowly on fuels reduction, it might look very different from an ecological restoration project.

Mayor Bigstyck again thanked her and stated he favored opportunities later to learn more about what ecological restoration might look like. He stated that it was good to have her breadth of knowledge and to hear about the copious amounts of work our city is doing. He stated that they will get her some information about OSPAC if she would like to connect with them in the not-too1.a Packet Pg. 17
Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 11 August 28, 2023
distant future.

Ms. Nelson added the experts in the fire issues are CalFire and the fire professionals. As natural resource management professionals, they take a lot of their priorities and cues from those experts.

Councilmember Beckmeyer wanted to add her appreciation for giving acknowledgement and a nod to our water district, and the partnership opportunity that we have between all of these agencies are phenomenal. They are excited to keep working with her.

B. Proclamation - Recovery Happens Month - September 2023 Mayor Bigstyck read a proclamation honoring National Recovery Month. He then welcomed Greg Thompson and Veronica Antonelli.

Greg Thompson and Veronica Antonelli from Voices of Recovery in San Mateo County thanked the Mayor and Councilmembers on behalf of Voices of Recovery and the Recovery Happens Committee for joining them to proclaim September as Recovery Happens Month.

Veronica Antonelli stated that National Recovery Month started in 1989 and it is held every September to promote and support the nation ‘s strong and proud recovery community. Voices of Recovery in collaboration with San Mateo County Behavioral Health and Recovery Services, Offices of Diversity and Equity, and many community members and allies, come together each year to increase public awareness surrounding substance use with mental health recovery.

Together, they continue to bring awareness to people who can and do recover. Over the course of the month of September, hundreds of people in our community will gather to help reduce the stigma of substance use and mental health challenges. They celebrate accomplishments of those successfully entering recovery and beginning fulfilling lives, not only in San Mateo County but recovery programs all over the country. They raise awareness about recovery and share the positive stories of their transformed lives. They also have some flyers that they would like to distribute.

Mr. Thompson thanked Council again for their amazing proclamation that September is Recovery Happens Month in 2023 and they encourage everyone to promote their theme. They hope they will continue to support their events throughout the month of September.

Mayor pro Tem Vaterlaus stated at 8:29 p.m. that she would need to exit the meeting.

Councilmember Bier thanked them for being here. She stated that, in her day job, she works with young people doing brief intervention and primary prevention, trying to prevent addiction, and using harm reduction approaches to prevent addiction in our young people and hopefully lead them to a path where they can choose healthier habits. Recovery is the basis to everything she does and is the most important thing in her life.

Mayor Bigstyck stated that he could delve into numerous stories about being affected by loved ones with substance issues; he appreciated them being here to tell them their story and to receive this proclamation.

C. Proclamation - Suicide Prevention Month - September 2023 Mayor Bigstyck read a proclamation honoring Suicide Prevention Month. He then welcomed Chloe May and Michael Lynn.

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 12 August 28, 2023
Michael Lim of the San Mateo County Behavioral Health Commission and Chloe May of the San Mateo County Youth Mental and Behavioral Health Commission Youth Action Board introduced themselves.

Mr. Lim thanked Council for joining the county and neighboring cities and towns to proclaim September as Suicide Prevention Month. He was honored to accept the proclamation on behalf of the Commission. He encouraged Council and Pacifica residents to promote this year’s theme. He stated that the act of sharing, whether it is through sharing stories, time, resources, or experiences, can serve as a powerful tool in suicide prevention.

Ms. May stated that they can achieve this theme by knowing the signs of suicide, i.e. checking in with people in our lives who we are concerned about and sharing resources.

Mr. Lim described other ways to share hope together. He extended an invitation to everyone to attend the Behavioral Health Commission meetings which happens on the first Wednesday of every month. He thanked Council for recognizing September as Suicide Prevention Month.

Mayor Bigstyck thanked them for being here.

Councilmember Bier thanked both of them.

Councilmember Boles thanked them for being here. A majority of the police responses in Pacifica are not crime related but mental health related. When you reach out for help, there are people who really do want to help you. She shared a personal story and said she is so excited about their program. She thanked them for all their work and for sharing these resources with our community.

Councilmember Beckmeyer thanked them for being here and for the work they do and the advocacy. She also noted our Police Chief established Bridgewatch Angels, and she appreciated all they are doing and all they are bringing to our community.

Mr. Lim shared the trainings provided by the County in conjunction with the San Mateo County Library System that hopefully will alleviate some of the apprehension that most of us feel and be ready to engage and help save a life.

Mayor Bigstyck stated he had two things to say: 1) He is a big believer that speaking a word often takes its power away from it, and it makes it important that we are able to incorporate suicide into our conversational language because it should be a conversation. He stated that, having gone through that training a year or two back, it was important that, when you approach somebody in that state, you are not denying them their state of being. 2) He is being reminded of his own family background, which connects the proclamation he was giving at this meeting.

He thanked both of them for being here.

D. Proclamation - National Preparedness Month - September 2023 Mayor Bigstyck read the proclamation honoring National Preparedness Month.

Dep. Fire Chief Amable thanked Council on behalf of Chief Myers of North County Fire Authority for the proclamation recognizing National Preparedness Month. He stated it was a reminder for them all to think about emergency or disasters that might occur for individuals, family,

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 13 August 28, 2023
businesses, and neighbors. He stated that the theme this year is on the elderly. He stated they should look around the neighborhood and see if someone else might need some assistance while they are looking at preparing for emergency or disasters. He stated that there are resources available for everyone locally, statewide, and nationally.

Councilmembers Bier and Beckmeyer appreciated him and thanked him for being here.

Councilmember Boles noted our CERT program in Pacifica has a "Map Your Neighborhood" program, which is a key part in understanding the neighbors and who the elderly or disabled community are so we can look out for each other and assist them in an emergency. She was a fan of the CERT program, with the public to be empowered to do basic first aid, etc. She thanked him for all he does to help us be prepared.

Mayor Bigstyck asked Dep. Chief Amable to describe SMC Alerts.

Dep. Chief Amable stated that people can sign up for SMC Alerts for any notifications that might be broadcast in the county.

Mayor Bigstyck thanked him for all his work.

CONSENT CALENDAR
Mayor Bigstyck asked if any Councilmember wanted to pull any item from the consent calendar.

City Manager Woodhouse stated that he has one change he needs to note regarding Item 2.

He stated that there were two agreements inadvertently attached to the item and Attachment B is the correct signed agreement and they would like to note for the record that Attachment A will be removed from that item.

Mayor Bigstyck opened public comment on consent items.

Kimberly Williams, San Mateo, represents San Mateo County Chapter of Surfrider and referred to Item #3, Amendment #4. She thanked RCD for all the important work they do and Surfrider encourages the city to adopt the resolution to amend the interagency agreement to add the Bacteria TMDL Special Study Services, sharing her thoughts on the issue.

Remi Tan, Pacifica, referred to Item #2 and thanked Planning Director Murdock for addressing that issue and shared his thoughts on the issue. He then stated that it was a great presentation by the Historical Resource Committee and he encouraged them to continue dealing with the San Pedro Creek and are doing a good job.

Councilmember Boles moved to approve the consent calendar incorporating the City Manager’s amendment for Item #2; seconded by Councilmember Beckmeyer.

City Clerk took a vote by verbal roll call.

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 14 August 28, 2023
RESULT: ADOPTED AS AMENDED [4-0]
MOVER: Christine Boles, Councilmember
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Beckmeyer, Bier, Boles
ABSENT: Vaterlaus

1. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Special and Regular Meeting held on August 14, 2023.

2. Award of Contract to R V Stich Construction, Inc. for the removal of the soil nail wall at 330 Esplanade Avenue
PROPOSED ACTION: Adopt a Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving the Construction Contract with R V Stich Construction, Inc. in an amount not to exceed $190,576.00; Authorize a budget authority in the amount of $220,000.00, which includes contingencies in an amount not to exceed twenty-seven percent (15%) of the Construction Contract amounts; Authorize staff to Execute Future Change not to exceed the contingency amount; and Authorize the City Manager to sign Contract Documents related to the 330 Esplanade Soil Nail Wall Project.”

3. Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District and Agreement with San Mateo County for the Pacifica State Beach Bacteria TMDL Special Study Services
PROPOSED ACTION: Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Approving Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District and Approve Agreement with San Mateo County for the Pacifica State Beach Bacteria TMDL Special Study Services; and authorize the City Manager to execute all documents.”

4. Response to San Mateo County Civil Grand Jury Report Titled “Accessory Dwelling Units: Affordable Housing’s Panacea or Prevarication?”
PROPOSED ACTION: Move to approve the response to San Mateo County Civil Grand Jury Report Titled “Accessory Dwelling Units: Affordable Housing’s Panacea or Prevarication?”

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Lynn Gallo, Pacifica, stated she is a volunteer with the Pacifica Chamber of Commerce and is present to introduce their new map and explain it for tourism and businesses.

Gail Benton Shoemaker, Pacifica, stated she is speaking as a member of Tree City Pacifica.

She expressed her thoughts on updates on legal tree permits, etc.

Remi Tan, Pacifica, thanked Frank Vella for putting on a community meeting with the Police Chief and City Manager regarding update on city matters and specifically addressed infrastructure.

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 15 August 28, 2023

COUNCIL COMMUNICATIONS
Councilmember Bier shared information on events and meetings, including Overdose Awareness Night and CORA (Community Overcoming Relationship Abuse) SPEAK UP Program. She thanked the Police Department and Police Chief for the relationship they have with CORA and how successful that relationship is which is important to our community. She attended the Library Advisory Committee interviews and the Pacifica School volunteers meeting, and she met with residents in Rockaway to talk about a grant that they are looking at to work with the Sanchez Art Center and the Pacifica Collaborative. Lastly, she attended the Women’s Conference in South San Francisco and met with Jackie Speier, Sheriff Christina Corpus, and City Clerk Sarah Coffey.

Councilmember Boles thanked PW Director Petersen and Dave Bishop from CSG for their work in managing the street paving work in Manor. She attended the Library Advisory Committee interviews. She met with the Emergency Preparation Safety Commission and had a great presentation from AMR who provides our ambulance services with cooperation across other agencies. She went to Jackie Speier’s event about starting a non-profit focused on ending child poverty in the county, which brought together elected officials and leaders from other non-profits working to build partnerships. She had lunch with the Police Chief, and she also met with the Beach Coalition regarding the dog surfing contest and safety concerns with the amount of people that arrived. She stated that a group is working on the airport noise, and she encouraged people to send in their own letters describing the impact of airport noise to them.

She also shared an experience with the San Mateo County Mosquito and Vector Control District, who assist with removing yellow jackets.

Councilmember Beckmeyer also attended the Library Advisory Committee interviews and Jackie Speier’s symposium. She attended a County meeting of Resource Management and Climate Protection and the OSPAC meeting. She had three Sea Level Rise Local Government Working Group-related meetings this month. They are working on stakeholder interviews with cities and counties to find out what the basic issues are and their experience in terms of sea level rise planning and adaptation and to get their thoughts and input about the notion and the concept of a neighborhood approach to address how we deal with adaptation. She stated the Coastal Cities group had a leadership meeting which was largely to plan our session at the CalCities conference coming up. Coming up this week are stakeholder meetings with San Mateo County, Santa Cruz County, and the City of Santa Cruz. Lastly, she had the opportunity to attend the Labor Council Dinner.

Mayor Bigstyck appreciated Jack Burgett and Josh Cosgrove from the Water District for being present earlier. He attended the OSPAC meeting. He stated there is a new superintendent for GGNRA in the area, Dave Smith. He attended that initiative to end childhood poverty led by Jackie Speier with fellow councilmembers and Anita Rees of PRC. He stated that he went to Millbrae where there was a community meeting around the counties proposed permanent supportive housing project. He watched the Planning Commission meeting around objective standards and zoning. He was invited to a campaign event by Mr. Adam Schiff, who is running for U.S. Senate. He was happy to have the opportunity to show him our infrastructure needs.

He stated that later there was an ABAG presentation on investing in the future of Bay Area housing and was largely about the Bay Area Housing Finance Authority (BAHFA). They want to put a $10-20 billion bond measure on the ballot to address housing needs in the Bay Area region. That evening, there was a Peninsula Clean Energy meeting. They gave direction on a $10 million revolving loan fund for electrifying government buildings specifically. He attended the COPE Banquet, the San Mateo Labor Council big fundraising event of the year. He stated

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 16 August 28, 2023
that episode 2 of The Mayor’s Office aired on PCT Channel 26. He got to begin today by giving a tour to the Chair of the California Coastal Commission, Donne Brownsey. One of his major takeaways from having the discussion with her and showing her some of the amenities we offer and some of our needs and challenges was that she talked about the need to work together.

There are concepts brought forth by Coastal Commission that are viewed in negative ways and ways that the community can easily take it as combative, but through a conversation with her, she gave him the perspective that they want to make sure these topics are left on the table for discussion because it is important that everyone has that discussion. He urged our community to take a proactive stance in engaging each other.

STAFF COMMUNICATIONS
City Manager Woodhouse stated that he had the opportunity to meet with the new Pacifica School District’s superintendent, Dr. Darnise Williams, along with Police Chief Sarasua, as an introductory meeting and a conversation about all the ways that the school district and the departments of the city collaborate closely. He also had the opportunity to present a version of the State of the City presentation to a community meeting, so it was a great opportunity to update them about the city’s Strategic Plan, the budget, as well as the status of many major city projects. At that meeting, Chief Sarasua talked about her experience and her perceptions after several months in Pacifica. He stated, related to that community meeting, there were a couple of handouts: The Strategic Plan and a March summary of Pacifica’s coastal infrastructure issues. On the note of coastal issues, he wanted to provide an update about the Local Coastal Land Use Plan update process, with more information to follow. The present summary is that Council adopted our Local Coastal Land Use Plan back in 2020 and submitted it to the Coastal Commission. In March 2023, Coastal Commission staff completed their analysis of our submittal and agendized it for a Coastal Commission hearing. The city requested a continuation of the meeting, and they continued that meeting to be scheduled sometime in the future so that we could get with Coastal Commission staff and City Planning staff, and analyze the 125 comments that were made to understand where Coastal Commission staff is coming from so city staff can bring it back to Council for summary and action as to the next steps. That timeline is to be determined. City staff has had several meetings with Coastal Commission staff and is continuing those because there are a lot of comments. The other topic they are talking about with Coastal Commission staff is related to review timeline. He stated final comments relate to a couple of economic development updates. Today they had a great event called “Meet the Lenders” that was assembled by Alyssa Barranti, Economic Development Management Analyst, and Alex Greenwood, Economic Development Consultant. People are really interested in more technical assistance, core function of economic development, technical assistance to businesses, and that is what this program provided. Then, he wanted to end his communications to introduce City of Pacifica’s new Economic Development Manager, Tara Schiff.

Economic Development Manager Schiff thanked him, stating she was delighted to be here in Pacifica and honored that she was offered this position. She hopes that her years of experience and the contacts she has in the state will help economic vitality in this beautiful city.

Councilmember Beckmeyer welcomed her and stated they were thrilled to have her here. She stated that she and Councilmember Bier are the liaisons for the Economic Development Committee and have been seeing tremendous work. She also commended Economic Development Management Analyst Barranti for her work as well as contributions from Management Analyst Elizabeth Brooks.

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 17 August 28, 2023
Councilmember Bier welcomed her, and they were happy to have her.

Councilmember Boles agreed, adding that each of them would love to walk her through their communities. She is excited about what they can do and is grateful for her presence.

Economic Development Manager Schiff agrees 100% with the opportunity.

Mayor Bigstyck appreciated her jumping on the opportunity because he thinks she encapsulates the excitement with which we should properly be welcoming her.

PUBLIC HEARINGS - NONE.

CONSIDERATION

5. Meeting Minutes Format for City Council, Planning Commission and Other City Committees / Commissions
PROPOSED ACTION: Move to adopt the Resolution entitled, “A Resolution of the City Council of the City of Pacifica Approving Creation of Administration Policy No. 84 Establishing Format of Action Minutes for City Council, Planning Commission and Other City Committees / Commissions” to transition from the preparation of Semi-Verbatim Minutes to Action Minutes.

City Manager Woodhouse and City Clerk Coffey presented the staff report.

Mayor Bigstyck asked what style of minutes committees and commissions, outside of Planning Commission, use.

City Clerk Coffey stated that it depends on the committee or commission. For example, PB&R Commission has transitioned from more detailed minutes to summary-type minutes.

Mayor Bigstyck concluded that it ranges from summary to action.

City Clerk Coffey stated they are mostly doing summary minutes with the caveat that most do include some level of individual narrative.

City Manager Woodhouse added that, depending on the body and the meeting, some are more like action minutes and some do have a brief summary. He stated that part of the direction they are seeking from Council is to make that consistent across all commissions and committees that aren’t recorded and televised.

Councilmember Boles asked how the minutes are prepared.

City Clerk Coffey stated that the process of the minutes preparation for Council and Planning Commission is similar. They have an audio recording of the Council meeting and provide the part-time transcriptionist to prepare the minutes. She reviews the audio in conjunction with looking at the YouTube video available that is provided by PCTV. She typically spends, on average, about 20 hours per meeting and creates the draft of semi-verbatim minutes, which is provided to City Clerk and Dep. City Clerk, and then Dep. City Clerk takes a pass through.

There are often highlights where the transcriptionist was not able to capture or understand certain phrases or what an individual said and often Dep. City Clerk or City Clerk will go in and

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Attachment: Attachment A: Minutes of 08-28-2023 Joint Study Session and Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 18 August 28, 2023
review the meeting audio or video as well to fill in some of those gaps. They also review to better paraphrase some items as well as correct grammar, spelling and information before the minutes are presented in the agenda packet for Council review.

Councilmember Boles stated that one member of the public suggested an AI transcription service and asked if there is an option of just verbatim that is done by a computer program.

City Manager Woodhouse stated AI tools are an evolving technology and an issue in our community and Pacifica will continue to monitor situations in which AI might help. He stated that he doesn’t anticipate, in the near future, that it would supplant the responsibility and accountability of the city for the end product, and it will require city staff to still review those minutes. He stated that, at this point, he wouldn’t recommend verbatim and that’s antithetical to what the City Clerk’s Association would recommend with minutes. He wouldn’t recommend verbatim minutes because then the city staff’s review would be that much more intense and time-consuming for all of that verbatim context.

City Clerk Coffey added that a component of it is the staff time and expense incurred, but the crux is that it is staff time and expense incurred for a product that is not recommended by the industry’s best practice, thereby spending additional resources to produce a product that isn’t recommended. She stated that, in looking at AI and whether that can be a useful tool rather than say a live transcriptionist, it isn’t getting at the crux of producing a product that is concise and accurate, instead slipping into the level of detail including a narrative that provides information that is not supporting the final action by the collective body.

Councilmember Bier also wondered if AI transcription could be transferable to a city process.

Mayor Bigstyck thought it might be possible to time stamp individual items in a video link. He has seen the technology that the county supervisors seem to use, which time stamps the various agenda items specifically. His understanding of the moment is that PCTV uploads the meetings on YouTube. He has seen on YouTube where people will time stamp the YouTube video. He didn’t know how much control they have over that and whether they can work with PCTV for them to be able to time stamp the YouTube video in terms of agenda items. He is curious if staff has analyzed what technology options are available to them if the community is looking for something specific.

City Clerk Coffey stated that there are agenda management systems that provide video integration and they can look into replacing their current agenda management software to allow for the component of video integration which could be time stamped and jumped to specific areas of the meeting as integrated with the agenda. She pointed out that, in preparation for this item, the City Manager asked her to look for the meeting in which the Mayor asked for this item to be brought back to a future meeting; it took about 15 minutes to find the exact meeting and scroll to the exact point in the meeting to listen to the comments that were made verbatim and see what the request actually was. She stated that, without the video integration and time stamps, what is being provided online now with the footer information that PCTV provides in the video is helpful so they can take the scroll bar and scroll to the portion of the meeting they are interested in. She stated that, on looking at the minutes without the video integration, she can look at the minutes that provide the outline of the agenda items and then go to that meeting date on YouTube and scroll to the footer indicating that they are at that agenda item. She stated that it takes a little more manual effort but it’s doable in a very short time.

Mayor Bigstyck stated that he appreciates the importance that the community has the ability to

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have some sort of rendition of what took place, as a summary might not be adequate. If PCTV were to malfunction, he asked if they would go to semi-verbatim minutes for that particular agenda, do they have a recording, etc.

City Clerk Coffey stated that the minutes are the official record of the meeting and they would not advise going to a different format of the minutes because of a failure of a video recording.

They typically audio record the Council meetings and that could be used as a back up. Those are not considered the official record of the meeting, as the official record of the meeting is intended to capture the final action and votes by the body, not necessarily the detailed individual comments leading up to the final action of the body.

Mayor Bigstyck asked if it was possible to include YouTube address link in the agendas and/or at the end of the action or summary minutes.

City Clerk Coffey stated that, on the city’s website presently, there is the live stream page that embeds the most recent City Council and Planning Commission video recordings from YouTube and it is on the website presently and can be made more visible.

Mayor Bigstyck clarified that they could possibly transfer the link for a specific meeting into the minutes, such as a link to the YouTube video at the end of the action minutes.

City Clerk Coffey stated that a link to the minutes is provided in the format of the agenda software being used now and she doesn’t believe it has the capability for the specific link to the video to be incorporated without transitioning to a different agenda management system.

Mayor Bigstyck clarified adding an address instead of video integration.

City Manager Woodhouse reiterated if there is a link provided for the YouTube video, is there a section in the minutes where they can insert that.

City Clerk Coffey wouldn’t recommend inserting a link to the video in the minutes themselves.

Mayor Bigstyck clarified hyperlinking the full meeting at the end of the minutes.

City Clerk Coffey asked if he was asking for each meeting.

Mayor responded affirmatively.

City Clerk Coffey stated that the minutes are a permanent record and for the audio and video, according to the city’s retention schedule, if the city was the custodian of the video and audio recording of the meeting, then the retention period is the current year plus 2. PCTV is the custodian of the video recording of the meeting. To have a link to a video that does not have the same retention period as permanent record of the minutes, you are losing that component.

Mayor Bigstyck understood that an outside agency may not retain the video to the extent that our policy says it needs to be retained.

City Clerk Coffey stated that, in speaking with PCTV currently, they have video recordings of Planning Commission and City Council meetings that go back to the year 2000; they have no policy or anticipation of purging or destroying those records, so they are retaining those records moving forward.

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Councilmember Boles assumed that they have no policy but we don’t have a contract with them that says they have to keep them and expressed concerns about retention.

City Manager Woodhouse stated that one point is that they have a contract renewal that they need to negotiate with PCTV to address part of this issue in that new contract. In the future, ideally it is a big software implementation undertaking but they want to move towards a new agenda management system and part of that would be looking at a video integration. He thought the point about the link to a YouTube video is that you wouldn’t want that in the permanent minutes record because links break or go away for whatever reason, but he thinks the intent of what the Mayor is saying is to make it as convenient as possible for a member of the public to link to the video on PCTV’s YouTube channel. We can try to figure out a way to do not in the official minutes records but someplace else on the website showing the link.

City Clerk Coffey stated she has not seen that practice employed by other cities in their minutes and haven’t seen it as a recommendation for best practices and she would hesitate to adopt a practice that is not consistent with the municipal government practices.

Mayor Bigstyck asked if they have any further questions of staff before going to public comment.

Councilmember Boles stated that she has one more. She asked if they have looked at video technology and retention policies of other cities as a comparison as well.

City Clerk Coffey stated that she has not looked at specific policies from other cities. She did a comparison of what is available on other cities’ websites as far as minutes and links to videos.

It varies depending on the city’s agenda management platform, their website platform. The City of Millbraehas a similar practice that we do and provides a link to the minutes and they employ MCTV to do their video recordings so their videos are available through their local cable TV station’s YouTube channel.

Councilmember Boles didn’t check Millbrae but she looked at Half Moon Bay, Portola Valley, San Mateo, and Brisbane, and what struck her was that their videos are hosted either on the city website or on the city’s YouTube channel, not on a third party. Part of what bothers her is keeping control over the contents so it is available for the public and it’s something we should manage very carefully. She thought the majority of other cities do that also and it would be good to have those comparisons.

Mayor Bigstyck opened public comments.

Remi Tan, Pacifica, shared his concerns about moving to action minutes and the various formats and his thoughts on leaning towards the summary minutes to give a little bit more information.

Cindy Abbott, Pacifica, appreciated the conversation and she found viewing video recordings of meetings helped her understand what is said by the tenure and tone of comments but not everyone has access to that so she shared her concerns on changing the format and made suggestions on the entire issue.

Mayor Bigstyck closed the public comments.

Councilmember Bier thought they weren’t ready to do this transition. PCTV is their trusted and

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loyal partner, and they need to trust their capacity to hold onto our meetings; we should have a conversation with them as the city plans this big a transition and take the community’s needs into consideration.

Councilmember Boles agreed that they would be doing a disservice to our community. While they are comparing them to other cities, they also have a more engaged community than other cities. She has read a lot of old meeting minutes before she got elected, and it is more than the decision but understanding the issue and what they considered in coming to that decision. She felt it was important. She was willing to consider another format if they have robust video and knowing it’s kept. She didn’t think 2-3 years was enough and she would want a different retention policy so things stay and not in the sole control of the third party whose contract might change in the future. She stated most cities were controlling their content and where it was stored and that is important to have the records that people can go back to.

Councilmember Bier thinks PCTV has kept recordings since 2000.

Councilmember Boles understands that, but she wants to know what the contract says and what they are committing to in the future.

Councilmember Beckmeyer stated she is a librarian and archival information is important to her profession. She is echoing what she is hearing. With regard to PCTV, she was aware that our contract was a little out of date and was surprised when she saw the year the last time they did a contract with them, and wondered how many TV providers have gone away. PCTV has expanded, and they were able to expand the advances in digital technology and the ability to store. She stated that they are further along in the state of the arts in terms of digital media than we ever have been, but she has concerns about the policy around retention of digital records as she doesn’t have enough information on that now. She would want the city to have control over those records, but she doesn’t know what the retention schedule should be for those records versus what our policy says. She referred to the session with OSPAC and felt they were fortunate to have people in the room where it happened but, having done research with action minutes, you don’t get the flavor or color; she understands the peril it may leave them in by putting in all that color. She felt City Clerk Coffey made it clear about the purpose of the minutes and why we do them. She stated that they have gotten used to the minutes for purposes other than what the government code says they are supposed to be for and, if they change it, they need to do it in a step-like fashion. She defers to the City Manager and City Clerk on timelines. She knows that it is important but not urgent because it is working as is, even though it is clunky and time-consuming. She thinks they can do better, but agencies mentioned in comments have a lot more resources than us. She mentioned the process they presently have and wondered about various issues, like accessibility. She stated the issue generates a lot more questions and she wants to make a good decision for our community. She mentioned that we are the 6th largest city in population and No. 1 in terms of number of pages of minutes. She referred to what the code says they have to do, but we are outside of the strict requirement and have provided something else that is valued by our community.

Mayor Bigstyck thought they were all on similar tracks. When he heard Councilmember Boles’ frustration over the minutes, he thought they should agendize this and discuss it. He stated that they are not implementing the best practice as there is a lot of staff time devoted to it and money associated with it. He thought they could be doing this in a way that makes more sense in other circumstances. His thoughts track with a lot of comments Ms. Abbott made regarding ease of use of technology. He stated that informs how he would get technology in general which can be of great benefit to them. He would feel a lot more comfortable going to summary

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minutes, and having brief summary minutes would get the gist of what a commenter is saying. If he reviews the video, he wants that experience to be very user friendly because, if he is going to help his neighbor who wants to view those minutes but is not as technologically adept, he wants it to be a friendly experience for him to help them. He hears that they need to upgrade their agenda management system in terms of video integration. He thought he would like to see summary minutes supplemented by a very simple-to-navigate video system. Even if YouTube had the time stamps, it sounds like they need to discuss with PCTV regarding archival or we may need to figure out a system of our own and be responsible for our own documentation. He sees value in transitioning to best practices, but our community wants to be engaged and they need to have an experience where they can easily access what happened and analyze that. He mentioned earlier how important conversation is for contentious issues and it is important that the community have every resource available to know what happened and he looked forward to converting to a sparser style of minutes when they can offer a video record that is easy to navigate.

City Manager Woodhouse stated that, because City Clerk Coffey and Dep. City Clerk La are pretty adept at navigating the video pretty quickly, one idea is that, in the minutes, they could manually time stamp the different categories of items, so that would achieve some of that time stamping of benefit. He stated comments were made about PCTV having our meetings back to 2000, and that won’t change. When they negotiate a new contract, they can put something in related to that. He appreciated Council’s discussion and deliberation about the fact that we have a two-person City Clerk office that has an intense amount of work to achieve and they are spending dozens of hours on every meeting transcribing the minutes.

Mayor Bigstyck stated that the amount of time spent on transcribing the minutes is not lost on him; on the other hand, we have a community that needs to be thoroughly addressed and have the tools at their disposal to get the information they crave.

City Manager Woodhouse added that, in terms of accessibility issues, all the other cities in our region and around the state do brief summary minutes or action minutes, and the accessibility issues are addressed by those systems.

Mayor Bigstyck stated a part of the answer is whatever they need is put in place first and they transition second. He thinks they should be transitioning but he wants to be sure we have a system in place that is user-friendly to the community first, then transition out.

Councilmember Boles thought, in terms of resources, she doesn’t disagree, and would like to see what the transition would look like, but if the City Clerk’s office needs more resources, they can have that budget discussion, as they need to empower what the community wants and needs. She referred to mentions of changing to another system, and she thought she heard that they use Granicus now.

City Clerk Coffey stated that they have a Granicus product for their agenda management currently and there are other products offered through Granicus.

Councilmember Boles thought some of the videos she has seen where the agenda is linked and they can click on an item are also done through Granicus and there may be options that aren’t a complete reinvention of the system and be a different version of the software.

City Clerk Coffey stated that there are other products offered by Granicus and any of those would require some transition that would impact staff resources as well as IT resources.

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

MOVE TO EXTEND MEETING TO 11:30 PM
RESULT: ADOPTED [4-0]
MOVER: Mary Bier, Councilmember
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Beckmeyer, Bier, Boles
ABSENT: Vaterlaus
Councilmember Boles stated that they haven’t discussed the other commission meetings and Ms. Abbott brought up some good points there. She stated that, if they only doi summary or action minutes on all these committees, how can they share that information with a community who wants to know what was discussed in more detail than those minutes are providing. She refers to the question of Zoom meetings as a possibility for OSPAC and others.

Mayor Bigstyck asked if they need a motion or direction.

City Manager Woodhouse stated that, for meetings that are audio recorded, if they receive a request, they could provide the audio recordings as a Public Records Act request. He stated to try to change to semi-verbatim or verbatim minutes for committees and commission would be a huge staff impact and he wouldn’t recommend that.

Councilmember Beckmeyer had a clarifying question on that about the audio recordings and asked if the audio recordings are retained for 30 days.

City Clerk Coffey stated that, if they do have an audio recording, the requirement is 30 days but, according to our retention schedule which governs our practice, it is the current year plus two.

Councilmember Bier stated she still didn’t think they were ready to do this transition and they need PCTV in the room for the discussion and they need more information about how they can be more prepared to do the transition. She isn’t ready for this transition and the community isn’t either.

Mayor Bigstyck stated that they have consensus.

City Manager Woodhouse stated what he is hearing is, if they ever get to video integration in a future year, they could re-agendize this item and move towards it.

Mayor Bigstyck stated it isn’t lost on him on why they are having this discussion, i.e., legally and best practices, and this is not the way any other city in our county does it, but they need to address the level of engagement that our community expects and he thought we are blessed in our community as they wishes to engage in this robustly.

6. Introduction of Ordinance and Policy on Pacifica Police Department Militarized Equipment and 2022 Annual Military Equipment Use Report.

PROPOSED ACTION: Move to take the following actions:

1. Waive the First Reading of and Introduce by Title an Ordinance of the City Council of the City of Pacifica Repealing and Replacing Chapter 19, “Acquisition and Use of Military

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Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code Renewing the Military Equipment Policy; and

2. Approve the Pacifica Police Department 2022 Annual Military Equipment Use Report. (CEQA: The Ordinance and Policy are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.)
Police Chief Sarasua and Sergeant Vicente Romero presented the staff report.

Councilmember Bier asked if he can define “less than lethal”.

Sergeant Romero stated that it is force that is not intended to be lethal or deadly.

Mayor Bigstyck asked what makes the shotgun less than lethal, and Sergeant Romero explained the difference in the shotgun ammunition.

Police Chief Sarasua and Sergeant Romero completed the staff report.

Councilmember Boles understood the ordinance was to authorize the use of the unmanned aerial systems and the SWAT team so this would allow them to have control when those were used.

Police Chief Sarasua stated that, for increased transparency, they are expanding the inventory to include the equipment that may be used within our jurisdiction should they request mutual aid assistance.

There were no public comments.

Councilmember Bier moved to waive the First Reading of and Introduce by Title an ordinance of the City Council of the City of Pacifica Repealing and Replacing Chapter 19, “Acquisition and use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code Renewing the Military Equipment Policy and Approve the Pacifica Police Department 2022 Annual Military Equipment Use Report; seconded by Councilmember Beckmeyer.

RESULT: ADOPTED [4-0]
MOVER: Mary Bier, Councilmember
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Beckmeyer, Bier, Boles
ABSENT: Vaterlaus

7. Appointment of Members to the Library Advisory Committee PROPOSED ACTION: Move to (1) appoint a minimum of seven (7) and maximum of nine (9) applicants to at-large positions on the Library Advisory Committee, specifying the terms for each; (2) designate one Councilmember to serve as Primary Liaison to the Library Advisory Committee and one Councilmember to serve as an Alternate Liaison; and (3) provide direction to staff and make specific determinations with regard to the selection of three to five non-voting ex-officio members of the Library Advisory Committee.

City Clerk Coffey presented the staff report.

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Councilmember Boles moved to extend the meeting to 11:45 p.m. Mayor Bigstyck stated that he wanted to have a further discussion about youth and recommended extending the meeting to 12:00 a.m. Councilmember Boles’ motion failed to be seconded.

Mayor Bigstyck moved to extend the meeting to 12:00 a.m.; seconded by Councilmember Bier.

MOVE TO EXTEND MEETING TO 12:00 AM
RESULT: ADOPTED [4-0]
MOVER: Tygarjas Bigstyck, Mayor
SECONDER: Mary Bier, Councilmember
AYES: Bigstyck, Beckmeyer, Bier, Boles
ABSENT: Vaterlaus
Mayor Bigstyck stated that the staff report mentioned not being able to outreach to the high school students. His understanding of the staff report was, if they leave one or two spaces open for youth, they would probably appoint them when they do interviews for a group of other committees and commissions.

City Clerk Coffey stated that they have some expiring terms on other committees that would expire in October and they were looking at opening a recruitment for those shortly and can conduct recruitment for youth applicants for the Library Advisory Committee to be appointed with those other October expiring terms.

Mayor Bigstyck presumed they begin the LAC with seven members and the other two would join and it wouldn’t delay any timeline.

City Clerk Coffey stated, if they have the minimum of seven members, that would not delay any timelines for kicking off the meeting of the Library Advisory Committee.

Councilmember Bier assumed those are non-voting.

City Clerk Coffey stated that the youth members, if contemplated, would be voting members of the committee.

Councilmember Boles asked if another option for them would be to appoint seven with two backups in case they weren’t able to recruit youth.

City Clerk Coffey stated that the survey was put out to the Youth Advisory Board and they were prompted for how many youth seats on the committee they would like to see. They had responses between one and two seats. They also expressed the length of the term that they would prefer would be limited to a one-year term and expressed some concerns with juggling other activities that youth are involved in.

City Manager Woodhouse stated, regarding that issue, one option that Council could consider is holding the two spots for follow-up recruitment. The direction they can give at this meeting is, if it doesn’t generate at least two qualified candidates, they bring back to Council other remaining applicants here to select two.

Councilmember Bier asked if they were able to appoint nine and add two seats for youth.

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Mayor Bigstyck referenced the resolution.

Councilmember Beckmeyer asked for clarification that the feedback from the youth was a preference for one-year terms.

City Clerk Coffey stated they were prompted for whether they would be interested in a one-year or two-year term and all of them responded that their interest was in a one-year term.

There were no public comments.

Mayor Bigstyck stated he favors leaving it open for the two youth and, if they don’t get two, they can open it up one more time for two more members and they appoint seven at this meeting.

Councilmember Beckmeyer asked, in light of the youth’s preference for one-year terms, what the City Clerk’s recommendation is regarding the four-year versus two-year terms and how they divvy up and allocate terms to the remaining seats.

City Clerk Coffey suggested, if contemplating appointing seven members at this time, to appoint three to a two-year term and four to a four-year term.

Councilmember Beckmeyer stated, regarding the ex-officio position, the key stakeholder groups are suggestions and she wondered if there is room to discuss other possible groups.

City Clerk Coffey stated that the nature and content of ex-officio members were not discussed in detail at the last meeting and that is under the purview of something to discuss at this time.

Mayor Bigstyck stated that they could save that discussion for later, but he was curious which other groups she had in mind.

Councilmember Beckmeyer mentioned the Pacifica Mother’s Club, possibly a representative from one or more of the PTOs at the schools, and Seniors in Action.

Mayor Bigstyck asked if they start with the seven appointments.

Councilmember Bier referred to the outreach to the youth, and asked if they can make sure that the librarians at the high schools get the outreach. Councilmember Beckmeyer added the principals to the outreach as well
Mayor Bigstyck stated they could share each of their top seven candidates.

Councilmember Boles reminded them that they are looking for a balance to include families with children, seniors, Sharp Park residence service organizations and environmental organizations.

Council shared each of their top seven candidates.

Mayor Bigstyck stated that the top seven following their poll were Cindy Abbot, Erin Deis, Anne Hitz, Jennifer Hlavin, Kathy Long, Dave Sikula, and Tina Wehrmeister.

Councilmember Boles stated she would like to advocate for Shiraz Karmaz and Remi Tan.

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Councilmember Bier also considered Remi Tan.

Mayor Bigstyck recommended making the motion for the seven who had the top votes.

Mayor Bigstyck moved to appoint Cindy Abbott for a 4-year term to expire October 2027, Erin Deis for a 4-year term to expire October 2027, Anne Hitz for a 2-year term to expire October 2025, Jennifer Hlavin for a 2-year term to expire October 2025, Kathy Long a 2-year term to expire October 2025, Dave Sikula a 4-year term to expire October 2027 and Tina Wehrmeister for a 4-year term to expire October 2027; seconded by Councilmember Bier.

APPOINTMENTS TO LIBRARY ADVISORY COMMITTEE
Cindy Abbott (full term to expire October 2027), Erin Deis (full term to expire October 2027), Anne Hitz (partial term to expire October 2025), Jennifer Hlavin (partial term to expire October 2025), Kathy Long (partial term to expire October 2025), Dave Sikula (full term to expire October 2027) and Tina Wehrmeister (full term to expire October 2027) RESULT: ADOPTED [4-0]
MOVER: Tygarjas Bigstyck, Mayor
SECONDER: Mary Bier, Councilmember
AYES: Bigstyck, Beckmeyer, Bier, Boles
ABSENT: Vaterlaus
Councilmember Bier thought the people who came out were extremely motivated and connected to libraries.

Mayor Bigstyck stated that they were 11 really good candidates and it was important to them to have youth representation.

Councilmember Bier moved that Councilmember Beckmeyer is the primary liaison and Councilmember Boles as the alternate liaison; seconded by Mayor Bigstyck.

MOVE TO APPOINT COUNCILMEMBER BECKMEYER AS LIBRARY ADVISORY

COMMITTEE PRIMARY LIAISON AND COUNCILMEMBER BOLES AS LIBRARY

ADVISORY COMMITTEE ALTERNATE LIAISON
RESULT: ADOPTED [4-0]
MOVER: Mary Bier, Councilmember
SECONDER: Tygarjas Bigstyck, Mayor
AYES: Bigstyck, Beckmeyer, Bier, Boles
ABSENT: Vaterlaus
Mayor Bigstyck stated that the third action is to provide direction to staff and make specific determinations with regard to the selection of 3-5 non-voting ex-officio members of the Library Advisory Committee. Given the breadth of possibilities, he favors five ex-officio members.

Councilmember Bier thinks they will need five, and she definitely thinks it will be helpful to have at least one person who is experienced with outreach.

Mayor Bigstyck asked which group they think is well-equipped for outreach.

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Councilmember Boles stated she was speaking to Cindy Abbott at one point about the library and connections to the PB&R and all the spaces in the library that will be used by those programs, and she thought having someone from that commission would be great. Given that they don’t have anybody with young children that they have appointed at this time, she likes the idea of the Pacifica Mother’s Club.

Mayor Bigstyck stated that the only reason he will disagree with PB&R Commission as an exofficio is because they just appointed Cindy Abbott to a four-year term.

Councilmember Boles asked if she will stay on PB&R.

Councilmember Bier stated that she has been there for a very long time.

Mayor Bigstyck added, whether she stays on PB&R or not, she has so extensive experience.

Councilmembers Bier, Beckmeyer, and Boles discussed Friends of the Library. Councilmember Beckmeyer stated Friends of the Library has been around longer than the Pacifica Library Foundation and are very well-versed in all things planning for a new library.

Mayor Bigstyck asked if they already said Jefferson Union High School District.

Councilmember Bier agrees with that.

City Manager Woodhouse stated that one assumption staff was making regarding the ex-officio is that the bodies themselves would select who is representing them and participating.

Councilmember Beckmeyer stated that they have three: Pacifica Mother’s Club, Pacifica Friends of the Library and Jefferson Union High School District.

Councilmember Bier added Pacifica School District.

Councilmember Beckmeyer voiced concerns about meeting attendance. She stated that she would like to suggest Seniors in Action.

Mayor Bigstyck stated that the remaining groups to select from are PTOs, Pacifica School District, EDC, and Planning.

Councilmember Beckmeyer suggested PTOs from Pacifica School District could act as liaison back to the school board and the administration.

Councilmember Boles agreed.

Councilmember Beckmeyer emphasized involving the school district.

City Clerk Coffey needed further guidance on the idea of selecting PTOs because there are several different PTOs in different schools and she would question how to go about outreach and asking one of those to designate a person amongst all of them.

Councilmember Beckmeyer thought that was a good point. In the past there has been a group called the President’s Group, and it was a group of the PTO presidents that met with the superintendent.

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City Clerk Coffey asked if the PTOs have some involvement in presenting through the school board, and she is wondering if the school board would be the one to select a representative from one of the PTOs.

Councilmember Beckmeyer stated that, if the school board can’t fill it, an idea might be a representative from one of the PTOs.

City Clerk Coffey stated that the selection can be made by the Pacifica School District but they may offer someone from a PTO.

Mayor Bigstyck stated that they have five, and he suggested the Economic Development Committee.

Councilmember Beckmeyer would love to see them engaged but prioritized the school districts.

Councilmember Bier added EDC is stressed as it is.

City Clerk Coffey repeated that the five she heard for ex-officio to reach out to is Pacifica Friends of the Library, Pacifica Mother’s Club, Jefferson Union High School District, Pacifica School District which may possibly select someone from a PTO, and Seniors in Action.

ADJOURN
Mayor Bigstyck adjourned the meeting at 11:51 p.m.

Transcribed by Barbara Medina, Public Meeting Stenographer.

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

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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 September 11, 2023
September 11, 2023 (MONDAY)
www.cityofpacifica.org
Mayor Tygarjas Bigstyck called the meeting to order on September 11, 2023 at 7:03 PM 7:00 PM OPEN SESSION
Call to Order
Mayor Bigstyck called the meeting to order at 7:03 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: Yulia Carter, Acting City Manager; Michelle Kenyon, City Attorney; Lisa Petersen, PW Director; Christian Murdock, Planning Director; Maria Sarasua, Police Chief; Bob Palacio, PB&R Director; Bill Glasgo, Police Captain; Roland Yip, PW Dep. Director; Sarah Coffey, City Clerk; Elizabeth Brooks, Mgmt. Analyst.

Reading of Land Acknowledgment
Mayor Bigstyck read the Land Acknowledgment.

Salute to the Flag led by Councilmember Bier

SPECIAL PRESENTATIONS
A. Special Presentation - Pacific Coast Fog Fest
Mayor Bigstyck introduced Paige Miller, Vice President of Fog Fest Organizing Group (FFOG).

Vice President Miller gave a presentation on the 36th Annual Pacific Coast Fog Fest on

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September 23 and 24. He handed out posters and gave a brief report on the success of the Fog Fest last year, the first since the COVID-19 pandemic: they raised over $92,000 for local charities, and they expect to exceed that this year. He then introduced the new Board of Directors and various additional changes, especially to increase safety for the event and use recyclable material. He also mentioned businesses that are donating their time and resources.

Councilmember Bier thanked him for stepping up and asked about expanding safety measures.

Vice President Miller stated they worked with the Police Department to help with assisted lost individuals in previous years and they thought the system this year would help everyone.

Councilmember Bier appreciated their efforts and for thinking about age-friendly events.

Mayor pro Tem Vaterlaus looked forward to going to the Fog Fest again as it is one of her favorite Pacifica events. She knows it is so much work and she thanked them.

Councilmember Boles thanked new and outgoing members, and she appreciated how they look at things and solve problems. She asked for clarification on bringing dogs to Fog Fest.

Vice President Miller stated that it has been the policy for about 15 years that Fog Fest doesn’t allow dogs in the festival area. He knows it has been a compliance issue. They have already notified people on social media to not bring their dogs but they will have to address as it arises.

Councilmember Boles thanked him for the information and she can’t wait to come to the event.

Councilmember Beckmeyer wanted to give a shout out to city staff as well for all they do in preparation for Fog Fest. She is very much looking forward to the future and how they work with their partners in addressing recycling.

Mayor Bigstyck was excited for Fog Fest and looking forward to the celebration of our community. He thanked Vice President Miller for his presence and thanked the board.

CONSENT CALENDAR
Mayor Bigstyck asked if any councilmember wants to pull an item from consent.

Councilmember Boles stated she would like to pull Item #5 to get a brief presentation from Police Chief Sarasua.

Mayor Bigstyck opened public comments for Consent Calendar Items excluding Item #5 and, seeing none, closed public comments.

Councilmember Beckmeyer moved to approve the consent calendar excluding Item #5; seconded by Councilmember Bier.

CONSENT ITEMS #1-4 and #6 (excluding #5):

RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles

1. Approval of Disbursements for Dated 8/01/23 through 8/31/23.

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

2. 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.

3. 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.

4. Approval of Agreement with Axon Enterprise Inc., for the purchase of new Axon Body Worn Camera System, Axon Fleet In-Car Camera System, and Axon Tasers in the amount of $593,000, and authorize the City Manager or Designee to Execute All Documents Associated with the Project.

PROPOSED ACTION: Adopt the Resolution Approving the Agreement with Axon Enterprise Inc., for the purchase of new Axon Body Worn Camera System, Axon Fleet In-Car Camera System, and Axon Tasers in the amount of $593,000, and authorize the City Manager or designee to execute all documents associated with the project.

5. 2023 July 4th Activities Report
PROPOSED ACTION: Accept the staff report on July 4th 2023 activities.

Agenda Item #5 Discussion:

Police Captain Glasgo asked if there were any specific questions from Council.

Councilmember Boles stated she wanted the public to understand that they are charging fees for citations and a general description of what transpired compared to other years.

Police Captain Glasgo then mentioned that they received increased calls for service in some areas and decreased calls in other areas. Regarding the fees, staff was able to provide an update with a collection of about $11,000 and there are still about eight individuals who have yet to pay. Staff is working on collecting those fees.

Mayor Bigstyck asked for a quick overview of how this year’s activities compared to other activities, including fireworks.

Police Captain Glasgo then presented a brief staff report.

Councilmember Beckmeyer was pleased to see the numbers as they were. She also pointed out the 8% fee has been charged for a long time and seems to be holding. She thanked him for his service on the 4th of July.

Police Captain Glasgo stated it was a team effort and community members to have a successful 4th of July.

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Mayor Bigstyck opened public comments.

Lynn Adams, Pacifica, commended Public Works and Police Department for organizing the cleanup teams, and they were very successful and very well-attended, and she then shared more details.

Clif Lawrence, Pacifica, appreciated the volunteers and was pleased with the efforts by the community.

Councilmember Boles moved to approve Item #5; seconded by Councilmember Beckmeyer.

AGENDA ITEM #5
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Boles, Councilmember
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles

6. Adoption of an Ordinance of the City Council of the City of Pacifica Repealing and Replacing Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code Renewing the Military Equipment Policy.

PROPOSED ACTION: Move to Waive the Second Reading of and Adopt by Title an Ordinance of the City Council of the City of Pacifica Repealing and Replacing Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code Renewing the Military Equipment Policy. (CEQA: The Ordinance and Policy are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.)

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Lynn Adams, Pacifica, reported on the accomplishments of the Pacific Beach Coalition so far this year and invited everyone to participate in California Coastal Clean Up Day on Saturday, September 16, for sites in Pacifica, Daly City and Montara due to Fog Fest on September 23 and on September 23 for the rest of the state. She mentioned the “Butt Blitz” event from September 16 through October 31 to pick up cigarette butts and bring to collection cases.

Clif Lawrence, Pacifica, thanked Council for their dedication. He referred to SB330 and shared his thoughts on this issue connected to the Hillside Preservation District.

Erin Macias, Pacifica, referred to a recent Housing Element draft and shared her concerns and thoughts on the issue of parking, ADUs, etc.

Jen Hansen, Pacifica, also referred to the draft Housing Element and shared her concerns and thoughts on the issue of parking, ADUs, etc.

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COUNCIL COMMUNICATIONS
Councilmember Beckmeyer stated she had three meetings, one with the Coastal Cities Group on implementing sea level rise policies in San Mateo County, one with the City of Santa Cruz about strategies put in place to monitor changing conditions, and one was the Beautification Advisory Committee meeting. She mentioned the next deadline for submitting entries for Beautification Awards is at the end of the month. She attended the 50|50 Exhibit at Sanchez Art Center and participated in the fundraiser.

Councilmember Boles stated she and Councilmember Bier met with consultants for BBIRP.

She also met with the Pacific Beach Coalition and the cleanup day this time of year is important because of cleaning streets before the rains hit, as everything left is washed into the ocean.

She had her first orientation for the San Mateo County 9-month Leadership Training Program including civic leaders, business leaders and non-profits working to solve issues in the cities and county. She referred to the airplane noise letter to the FAA which should be wrapped up this week and encouraged people to file their own report with the FAA. She had a meeting with Penny Nixon, San Mateo County faith community liaison, and will be attending a conference with her in October. She referred to SB4 which allows churches and religious institutions by right to build affordable housing projects. She stated September is Transit Month and the Climate Committee will be doing things at Fog Fest and they are meeting with Commute.org to hear results from Pacificans who filled out their responses about their commutes.

Councilmember Bier had an important meeting with Police Chief Sarasua. She attended Senator Becker’s Town Hall with lots of information about opioid overdose and trends in our county. She also attended the Overdose Awareness Night on August 31 and they honored those who have died through overdose. She mentioned what they are doing on this subject in the schools. She attended the Coast Pride meeting and welcomed a new member from Pacifica, Lawrence Smith. She met with Ray Mueller and a few members of the Coast Pride Board to talk about funding for this agency. She thanked Councilmember Boles for talking about BBIRP. She stated Pacifica Peace People will be hosting Pacifica Talks About Race with the Pacifica School District and the Jefferson Union High School District on October 5. She attended the Marc Berman event and a lot of the community came to talk to him. She enjoyed hearing about age-friendly strategies for Fog Fest and there will be opportunities to join in on this age-friendly work. She thanked Cindy Abbott and Dr. Bill Michaelis for collaborating on a project through the Pacifica Collaborative: Art for a more Peaceful and Just Community. They found a grant and will be rolling that out.

Mayor pro Tem Vaterlaus attended the Coffee with Marc Berman and enjoyed seeing and hearing people. She stated today is 9/11 and she wanted us to think about the loved ones who passed and their families.

Mayor Bigstyck wanted to start with 9/11. He thought it was poignant to have a Council meeting on this day. He felt it was sobering to note that many of the first responders have died as many of the Americans who lost their lives in the attack. He then thanked Jack Burgett for being present. He attended the Rotary Club meeting where Supervisor Ray Mueller was speaking and joined Supervisor Mueller for a few calls he was taking from constituents. He mentioned Cindy Abbott telling the Supervisor about all the Sanchez Art Center is doing. He stated that former councilmember Mike O’Neill was there and he enjoyed good company that morning. He and Councilmember Bier attended the CORA presentation about Speak Up, i.e., a training program for businesses. Following that, he has talked with various non-profits to see if there might be a community buy-in to the program. He taped the third episode of The Mayor’s Office

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with Anita Rees and stated the episode with Ray Mueller is on YouTube. He attended the Community Overdose Awareness Night with Councilmember Bier and followed up with the City Manager to confirm that they talked about beginning the process of a formal community conversation around substance use issues. He had a couple of constituent meetings and attended the Peninsula Clean Energy surplus funds committee meeting. He attended the City Selection Committee and attended the 50|50 art show at Sanchez. He attended the Coffee with Assemblymember Marc Berman, introduced him to our community, and answered questions.

He thought it was a good example of how accessible higher levels of government can be, as they can always get through to his office and him directly. He had the opportunity to play bocce ball with city staff on the first game as part of an inter-city bocce ball tournament. He shared that the beach cleanup, the Rancho Day Fiesta at Sanchez Adobe, and the Fog Cutters Ball will be on September 16, alongside Fog Fest on September 23 and 24.

STAFF COMMUNICATIONS
Acting City Manager Carter stated they had a kickoff meeting today for ERP implementation as the major project was discussed as part of the strategic plan.

Mayor Bigstyck thought it was helpful to learn about some of the mechanics of inter-city workings and demystifies some processes.

Acting City Manager Carter stated it was a long process. The Council approved the contract with Tyler Technologies for our new financial and human resources management system. They are replacing the software over the next 12 months.

PUBLIC HEARINGS - NONE.

CONSIDERATION

7. Discussion of Tree Permit Fee
PROPOSED ACTION: Receive presentation and provide direction to the City Manager about whether or not permits for substantial trimming, encroachment, or removal of private trees should be subsidized by the General Fund.

Acting City Manager Carter began the staff report, and Planning Director Murdock continued the staff report.

Mayor Bigstyck asked for clarification on the $7000 fee per tree in Menlo Park.

PB&R Director Palacio stated that, in Menlo Park, they will decide the size of tree you are going to put in; if you want to remove a heritage tree to do a project, they will decide whether that tree is worth $200 or $7000, and if it is $7000, you need to pay up front that cost or, once you put in a tree that is the equivalent, they will refund you the money but, if not, you wouldn’t get the money back.

Mayor Bigstyck asked if they are talking about a fully grown redwood.

PB&R Director Palacio stated that they have a list of mature trees that they would require a similar replacement size and their fees can be exorbitant. He heard from one arborist that they

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did a project that was about $35,000 in Menlo Park. Thus, they don’t have many tree removals in Menlo Park.

Planning Director Murdock completed the staff report.

Mayor Bigstyck asked about the process for eliminating dead trees and the costs associated with that.

PW Director Petersen stated that, related to dead trees, there is no fee that is charged by the city. If a resident has a dead tree, they call PW; PW comes out, verifies that the tree is dead, and are given permission to remove it.

Councilmember Boles asked if we are charging the same $1,000 fee for pruning currently.

PW Director Petersen stated that is for anything over 15% of the tree. If you are pruning more than 15% of the tree, then you have to get a permit and have an arborist review to make sure you are pruning the tree appropriately. If pruning under 15%, you don’t need a permit.

Councilmember Boles asked if an arborist report is required, as the tree ordinance seemed to say it was up to the discretion of the director for both the arborist report and a tree plan of locating the tree on the property.

PW Director Petersen stated her understanding was that the track assessment is not required for it, but there is a report required from an arborist.

Councilmember Beckmeyer referred to the dead tree question and asked about dying trees.

PW Director Petersen stated that the way the ordinance reads says “a dead or dying tree,” and that gets into the concept of what is a dying tree. They can get an arborist to come out and confirm if the tree can recover. To get PW approval to remove the tree, it has to be clearly dying or dead.

Councilmember Boles stated that in section 4-12.05, “Applications for Tree Trimming Permits,” it says the applicant may be required to provide a plot plan or survey drawn to scale depicting the tree and any improvements on the property and/or an arborist report. She stated that it doesn’t sound like it is required. She asked what the process would be.

PW Director Petersen would say that the city would require an arborist to take a look at how over 15% of a tree would get pruned, as they want to make sure they are pruning it in a manner that the tree will survive and they would need more detail related to that.

Planning Director Murdock referred to the preceding section 4-12.04 related to tree removal permits, as it does provide that an arborist report including an ISA basic tree risk assessment form would be required for removal of a protected tree needing a permit.

Councilmember Boles understood that for removal, but it seems like it’s a big burden for someone who is just pruning a little bit of a tree. She asked whether other cities charge permit fees for pruning.

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PB&R Director Palacio stated that other cities do charge those pruning fees, which are generally lower than the removal fees.

PW Director Petersen stated that Council may remember that, during consideration of the ordinance, the recommendation was 25% of the tree prior to needing to get a permit; it was ultimately determined that the 15% was going to be put in place. She stated, if someone is coming in and pruning over 15% of the tree, that wasn’t something, from staff perspective, they would be comfortable saying they can prune, for example, 60% of the tree and it will live.

Planning Director Murdock stated, regarding the fee, he thought once they have an arborist on the city staff or consultant team reviewing an arborist report, it isn’t likely to have a major difference in terms of time spent and thus cost. If an arborist report is required, there is time needed to review it and comment on it from the city’s consulting arborist which supports the fee related to the tree trimming permit. If an arborist report were not to be required, presumably the cost could be reduced to some degree.

Councilmember Boles asked if the fee went into effect on August 23.

Acting City Manager Carter stated that it was August 10.

Councilmember Boles concluded a month and stated they hadn’t received many complaints or applications about pruning or tree fees.

Planning Director Murdock stated a handful of the numbers in the staff report since the fee took effect. It is annualized, as it is about the level of activity they would expect on a monthly basis when looking at the trend line.

Councilmember Bier stated that they made a lot of changes to the tree ordinance and asked if they can go over what that has meant to specifically the PW department. She felt it was important for her to understand the additional work that went in and will continue to go into what we have requested. She stated that they were proud to make those changes to support our urban forest, but we also need to understand what is going on in that department.

PW Director Petersen stated our initial process was just getting the tree removal application submittal, followed by the Park Superintendent taking a look at the tree; ultimately, if approved, the tree was posted and taken down. Now, they have the new process which is much more intensive. There were a lot of great things Council put in the ordinance to help protect our trees, but it requires more work, including technical work. Part of that is the number of trees that are coming under the umbrella of the ordinance. As shown previously in the report, there were larger size trees that were coming under the ordinance (now 12 inches), which is quite significant even with talking with other arborists, and is causing a huge impact as we are going to be seeing the smaller trees coming forward. Because of the issue of private and city trees under the development and building permits, for all of the trees needing to be assessed, there is an application process that has to be put in place and standardized and go through one location, i.e., Planning Department. Staff takes in all these applications and, like anything else, there is a checklist that needs to be verified; after verification, the application has to go the technical person who reviews it. Usually, there are things that need to be corrected and they

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will have to call the person to clarify, look at it, and get the additional information. When a decision is made, city staff send out letters and post the tree and, if it gets appealed, there is another process related to that.

Planning Director Murdock stated that all the process PW Director Petersen described needs to be paid for by someone, and if it the applicant or the city is one of the policy questions for Council at this time. He stated, under the old process under the heritage tree ordinance, it was easy to draw the wrong conclusions and lessons from that process. He stated that the Park Superintendent was involved in the process, making field observations without the benefit of an arborist report in most cases; that Park Superintendent for many years happened to be an arborist but wasn’t the city arborist, and that is a misconception some might have of observing that former process that more was being done in that review than was actually occurring and whether the people involved in that review were the right people to be making thoughtful, informed decisions on the tree removals remains to be seen in terms of that former process. He stated that this is a much more systematized, formalized process that has corresponding costs and requirements associated with it which is the point they are trying to relate to Council.

Councilmember Beckmeyer had questions for the Mayor and City Attorney. She asked about a further explanation of the term “community benefit” and instances of non-compliance.

City Attorney Kenyon thought it may not necessarily be a legal question in terms of what they do with any code enforcement matter. Staff can answer that question as she doesn’t know the details of what our procedural process would be. She’s not sure she understands the question about community benefit.

Councilmember Beckmeyer stated that it has been asserted by community members that there is a benefit, that cities subsidize various things under the umbrella and under the explanation that it’s providing a community benefit, which is the rationale for why cities subsidize things.

She wants to have a better understanding of what goes in the bucket of community benefit.

City Attorney Kenyon didn’t think there was a bucket, as the term is whatever the person who used it intended it to mean.

Councilmember Beckmeyer stated that is a clarifying question and asked if it means anything in terms of the Planning world and, if so, what.

Planning Director Murdock didn’t think there was a formal community benefit discussion to be had on this topic. He has heard similar claims made in this context related to trees and the urban forest. He thinks they are trying to say is that, not only are there private benefits and costs associated with having a prominent tree on one’s property, there are also broader public benefits, or detriments if the tree is unsafe. Benefits include aesthetic benefits, environmental benefits, etc. He stated that all of that is probably true, but Council needs to frame it in the proper context. He stated it was important for the community for properties to be kept up and for homes to be aesthetically pleasing and painted every so often and rotten siding or degraded roofs to be replaced. They put that burden on the property owner who gets the benefit of upkeeping the property and the rest of the community gets incidental benefits from that. The city doesn’t subsidize the tree permit or roof, siding, or window replacement permits. He stated that there is a great public benefit to well-kept and maintained sidewalks, but the private

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property owner bears the cost and responsibility to get the permits to replace the sidewalk to maintain it without cracks or trip hazards. He stated that is the burden of the private property ownership and, if you conceptualize it in that same context, proper maintenance and eventual removal of aged or unsafe trees is a burden on private property ownership. He acknowledged that there are some incidental public benefits, but it hasn’t been the city’s past practice to subsidize those types of permit applications that are a core obligation of the property owner related to maintenance of their property.

City Attorney Kenyon stated, to the extent she is asking the question of what most cities use subsidization for, it varies; it is just a term for a Council dipping into their General Fund to pay for costs that are not being paid for by the actual user of the benefit. She stated that Council has a lot of policy decisions, sometimes because of affordability regarding low income, or it can be whatever Council chooses it to be, as there is no legal term of community benefit. It is a term that Council can use in their police powers which has a lot of discretion in terms of determining whether or not this tree permit fee should be subsidized based on the benefit that it provides for staff or for the community. Council may provide in general any reason that could impact the city if Council feels there is a justifiable reason for subsidizing this fee.

PB&R Director Palacio added that an example of that would be the fees they passed this year for our seniors, i.e., $30 per year for seniors to sign up to be able to have a membership in the Seniors in Action and participate in classes. That is a highly subsidized rate as the cost to provide the classes, etc., is much more expensive to the city and there was a decision made at some point that said this has a public benefit and is something we are willing to subsidize.

Mayor Bigstyck asked if she got her question answered around non-compliance.

Councilmember Beckmeyer understands that there is a hefty fine associated with not following procedure but it has also been asserted that we never enforce that. She stated that it is hard to make a policy decision when you have various inputs and she wanted to hear from staff regarding protocol. She is aware they are short-staffed.

City Attorney Kenyon thought it was an excellent question that staff should answer that before they get to public comment.

Planning Director Murdock stated it was true that the tree protection ordinance includes a variety of tools for the city to take enforcement action when warranted. He thought it was disingenuous to talk about an ordinance that has been in effect for less than a year and describe the failure of the city to act in any sort of meaningful way related to non-compliance.

The first reason is these complex code enforcement matters, if and when significant action is needed, take a long time to develop and require significant city staff resources; the second is that they get very few complaints about unpermitted tree removal. He stated that the best numbers he can get, which are not completely comprehensive, but consulting with their code enforcement team, is around 1% or less than 1% of the overall complaints they typically get. In context, it is a relatively low level of reported violations that prompt investigations, which thus have a correspondingly low number of significant cases that then warrant significant penalties and intervention. He stated that they are talking about a small number issue and not a widespread issue. They received and investigated over 500 code enforcement complaints last year. The community knows how to file complaints related to perceived violations and he didn’t

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think it is true that people don’t know that you can report a major tree being removed without a permit. He thought most people follow the law and very few non-permitted tree removals are occurring, at least based on the data the city team has. He stated that they are currently investigating one case now that, very likely, has a potential to manifest into significant penalties being assessed, but they are early in that process to advance all the documentation that is required and they have to work in lockstep with the City Attorney’s office on those types of enforcement cases.

Councilmember Boles wanted to follow up on the one they are investigating now and asked if the offenders were aware of the tree ordinance.

PW Director Petersen stated they are still looking into the details at this point.

Councilmember Boles asked, since the tree ordinance was put in place in October 2022, what outreach and education has been done to educate the community about the new ordinance.

PW Director Petersen stated there was a huge outreach that happened while they were putting the ordinance together; they had committees, commissions, joint meeting, Council meetings on that, as well as public outreach, specialized webpage, and polling done with the public.

Ultimately the ordinance got put in place. When they changed the fee to $1,000, there was information that went out on Connect with Pacifica that talked about the ordinance in detail and about the change in the fee at the end of June.

Councilmember Boles asked how many people subscribe to Connect with Pacifica.

Acting City Manager Carter stated over 3,500.

Councilmember Boles stated that it concerns her that we may be missing a section of the population that does not know yet.

Planning Director Murdock thought that could be the case related to the increased fee, but he wasn’t sure that was the case with respect to major trees being protected in Pacifica as that has been a city ordinance for multiple decades and, while some of the finer points about tree sizes have changed, he thought broadly speaking, it was understood in the community that prominent trees do require some sort of city review prior to their removal.

Councilmember Boles stated the definition of prominent trees has really increased dramatically.

Planning Director Murdock agreed, adding that, of a half dozen that they have had in the last year related to complaints of unpermitted tree removal, there is a great number of what would have been treated that were not previously protected but are now. He stated that is a follow-up point they can come back with.

Mayor pro Tem Vaterlaus stated she can see where it costs more because it is a much broader process, and she asked if they thought that process could be streamlined at all to lower the fees. She understands it is a further discussion and they would have to put that out, but she asked if that would help.

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PW Director Petersen agreed from the standpoint of the fact that it was simple previously and is much more complicated now. She thought there are a lot of things in the ordinance that are appealing to the community and Council, which was why it was put in place. She stated that there might be some tough decisions to try to scale it back, as the oversight is happening that Council was hoping would happen. They could see if there were some ways they could.

Councilmember Boles stated that staff report indicated that the city is looking to hire a city arborist and are putting out an RFP now. She asked if they could confirm what that person’s role would be and would it be a potential cost saving over an hourly consultant rate.

PW Director Petersen stated that they aren’t hiring an arborist but looking for a consultant who is going to be taking over from this temporary consultant who has been on board. When the ordinance got going, they started getting the applications and they said it was a lot of work and they needed some help. She stated thatthey went out and got a temporary arborist in place and a company to temporarily help the city while we could put together a Request For Proposals that they felt would ultimately get the most streamlined process in place for a consultant arborist to help us and that is what is there now. She stated that they will be getting those proposals in and reviewing those.

Councilmember Boles asked if it would be an hourly rate or a certain amount of time that is promised per year.

PW Director Petersen stated that it will typically be an hourly rate.

Mayor Bigstyck questioned how much that would be if they were to hire an arborist.

Planning Director Murdock stated that they haven’t done a comprehensive salary and benefits assessment but preliminary research suggests somewhere between $200,000 to $250,000 per year, and based on the level of tree permit activity we have, that would significantly increase the cost of the tree permits to achieve cost recovery. He stated that there is a small amount of additional other work that member could do that might bring the cost down slightly, but in every scenario they considered, the cost recovery component of the tree permit would probably at least double compared to the current contract arborist arrangement.

Acting City Manager Carter added that he mentioned only annual cost and they must count the ongoing liability for pension and long-term benefits as well.

Planning Director Murdock stated that the arborist component of the fee is a relatively minor share as the fee is structured. The administrative component is more significant than the arborist and the arborist may not perform some of those administrative tasks. It isn’t clear that the entirety of that tree permit fee would be addressed by that staff hiring.

PB&R Director Palacio thought it was also important to note that most cities that they spoke to that have an in-house arborist on their staff also do contracting out for arborist for special things, i.e. going on people’s property and tree protection plans when doing construction. It wasn’t just the salary of the in-house but also contracted arborist staff.

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Mayor Bigstyck asked, if they had a staff member who was trained to be an arborist, those weren’t the primary duties, whether that would save us money overall on the fee process. He stated if that is yes, is there a way to necessitate that a staff member get that upgrade.

Planning Director Murdock wasn’t sure it would change the cost situation as the fee is currently structured on the city staff’s hourly rate, whether city staff or the contractor who is in many cases charging more than the city staff rate, it is not likely that bringing that in-house would reduce the cost. He stated that PW Director Petersen could talk about how taxed her staff already is and it is not clear where that internal staff capacity would come from, even if the requisite qualifications would be obtained.

Mayor Bigstyck opened public comments.

Paul Totah, Pacifica, stated he was speaking on behalf of himself and Tree City Pacifica members who oppose the $1000 permit fee for pruning and removing trees, while thanking them for their hard work. He then shared their thoughts on the issue.

Chris Redfield, Pacifica, shared his thoughts on the revised ordinance regarding costs, etc., thus supporting implementing and retaining the full fee for removal and reduced rates for substantial pruning and trimming.

Cindy Abbott, Pacifica, thanked Council for bringing this issue forward regarding the fee increases, and she hoped they will direct staff to return the fees to the previous range, and shared her thoughts on the issue.

Kimberly Finale, Pacifica, wanted to advocate for senior citizens and those on a lower income level and shared her thoughts and suggestions on this issue.

Mayor Bigstyck closed public comments.

Mayor Bigstyck then had a question that PB&R Director Palacio touched on earlier regarding other cities’ review processes compared to Pacifica, and he asked if he could give them a sense of where our process is not as robust as other cities.

PB&R Director Palacio stated that the feedback and research he did showed that we are in the same area as others with similar processes and ours might have a few more things to look at that might not be happening in other cities but they may have another requirement. He thought it was important to note that, with a city like San Mateo, where they say it is a $100 fee, and on top of that, doing three trees, that is $300 and there are also refundable fees between $483 and $740 per equivalent tree.

Mayor Bigstyck asked him, regarding equivalent trees, if he was talking about a full-size tree.

PB&E Director Palacio agreed, and stated, if you take something out like that, it is a substantial tree and they are going to make you put in a substantial tree somewhere else on the property and, if not able to, they will keep that refundable fee you submitted. He stated that, on looking at San Mateo County, they do $616 per tree and if you do multiple trees, you are already over what Pacifica charges and they also have an additional fee of $451 for Planning to process that

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application. He stated that what each city requires seems to be a little bit different, but we are in the ballpark. He stated that it is an expensive process.

Mayor Bigstyck asked how many trees are covered under one permit in Pacifica.

PB&R Director Palacio stated it was unlimited.

Mayor Bigstyck thought it was an interesting difference between us and other places.

PB&R Director Palacio didn’t encounter another one that was not per tree.

Councilmember Boles stated that she looked at Burlingame and it was $150 for any number of trees. She stated that we have a policy of 2 or 3-1 replacement trees and she assumed part of the $1,000 fee is someone following up to make sure that those were planted, and she liked the idea of having a deposit instead because that puts the onerous on the applicant and, if they don’t replant it or come back and reclaim it, the city can keep the money. She wondered if there were possibly some changes to our fee structure and charging for more trees in an application.

PW Director Petersen stated that there is a 2-1 replacement and it was important that we are only requiring a 15-gallon tree replacement, and that is not the same as she heard PB&R Director Palacio say that the other cities are doing, as other cities are requiring a tree to be similar to the tree removed or to some limit that they have in place. They are probably collecting a lot of their fees because people are not able to do that component, whereas ours is 15-gallon and it is an easy one to put in place.

Councilmember Boles didn’t think it was fair for us to be comparing to that $7,000 tree replacement if that is not in our ordinance. She looked at Menlo Park and called their city arborist and spoke to him. Their basic permit fees are $210 for up to three trees and then a lower rate per tree, $180 per tree, and obviously if you have 20, you are paying more.

PB&R Director Palacio stated that Menlo Park requires you to state whether or not you are paying an in-lieu fee. If you are going to pay an upfront dollar amount and you intend to put the trees in, you’ll get that back, but many people will just say they aren’t going to put the trees in and they would pay that and it could go up to $7,000 per tree.

Councilmember Boles looked at Menlo Park’s staff rate among the highest yearly salary for a city arborist was $126,000 and that doesn’t include the benefits. She thought they were a city that does trees well and it was interesting to talk to them. She didn’t understand Option 1, saying that city staff cost were $187.50 and that might be something that we could consider not charging out of the $1,000. She asked if that was right, and in that scenario, they would still be charging $812.50.

Planning Director Murdock responded affirmatively.

Councilmember Boles concluded that she heard primarily we are using outside consultants, even for the basic processing which they used to do internally.

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Planning Director Murdock stated yes to the first part, but he wasn’t sure on the second part.

They are utilizing consultants for as much of the process as they can and it’s an intensive process and our staff is already significantly committed to other routine day-to-day work in the Planning Department, such as a significant building permit processing load and discretionary permit processing that the permit technicians that handle this inbound and outbound traffic are responsible for. The particular attention that is needed to treat permit processing really needs a specific focus which is why we have consultants overtaking most of the administrative processing. The city staff component of $187.50 is a small amount of initial intake and final communication to applicant, but most everything in the middle is done by the CSG Consultant for the administrative processing and the consultant arborist for the technical review component.

Councilmember Boles asked if this all used to be done by Public Works.

Planning Director Murdock thought that was not the correct characterization. They have tried to explain that very little process was occurring. The Planning Department initially was a conduit and they would take the applications and route them right away to the Public Works department.

The minimal process where the superintendent would go out, take a look at the tree, and remove it was the substantive review; there was a noticing and final permit issuance with very little administrative process and very little substantive review. The processes are completely different in staff’s assessment.

Mayor Bigstyck asked about the approach of a sliding scale for those who really do have difficulty paying that kind of a fee. One could imagine somebody who has lived here for the last 50 years of their life might be on a fixed income and need to remove a tree.

Planning Director Murdock stated that they haven’t evaluated that as an alternative and he would have to defer to Acting City Manager Carter for other financial hardship processes the city might have. He is only familiar when they come up in context of inability to pay penalties related to code enforcement matters, with a fair amount of documentation related to income and personal details needed. He stated that not everyone, if they would qualify, would be willing to go through that process. He stated that would be another administratively heavy process to add on to this already heavy process. He thought there would be costs to the city to administer that sliding scale and he didn’t know, based on past permit applicants how many might be senior citizens or low income, so there could be a different fiscal impact that they haven’t evaluated.

PB&R Director Palacio thought one thing he would like to say is they use the term “need.” If a tree is dead, there is no fee, and most of the applications submitted are not based on “need”, but “want.” That is different, as a tree is dead and it’s going to fall and hurt someone.

Councilmember Boles stated that there are sometimes needs when the tree is grown and undermining their foundation or in a fire area and too close to their house.

PB&R Director Palacio stated that there are occasions for that, as it is not a one size fits all. On many occasions, it is because someone is doing some sort of construction to their home and they want to take the tree out for that reason. He stated that they are talking about helping heritage trees generally.

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Acting City Manager Carter added that they currently don’t have a policy for any sliding scale and don’t have much information yet, but if Council wants to provide this direction to explore and research more of what the sliding scale may look like, we can take this direction.

Councilmember Bier stated that there is one thing she is battling with, because they carefully put into place all these new things into our ordinance because we wanted to protect and increase our urban forest and tree canopy, and by doing that, there is now more work to do, more assessments to happen and she thinks, from the beginning, she was confused when people were not happy with the fee. In her mind, she thought that was protecting trees. She wanted to hear all the information about what is going into it and how are the trees being protected, as they are being protected through all the parts of the ordinance that they put together. She knows they have heard from Tree City Pacifica several different times and she understands what they are saying, but she doesn’t understand how the fee is going to cause more trees to be cut down.

Councilmember Boles thought it may cause more trees to be cut illegally. She stated just look at the cost as someone has to get an arborist report. She stated that was $1,000 and they have an email from someone who paid $2,500 for a tree that was far away from her project that wasn’t really affecting it. She stated that is a huge expense to start with and then the $1,000 fee on top of that, and if you are doing plans too, even at the smallest amount, they are talking about $2,500 to take out a tree. If you need to for fire safety, she would think twice before she starts to take something out when sometimes it can be important to the community to take it out.

She thinks that is the concern of Tree City Pacifica that we are making it expensive and onerous that people aren’t going to get permits. She stated that they don’t know yet as it has been active for a month.

Councilmember Bier feels that we don’t know yet. We have the data about what has to happen but not about what is happening, and she is not ready to make a decision because of that piece.

She stated that they talk about education on the ordinance and fees, but we can all go out and start educating our community and encourage others to do that.

PW Director Petersen wanted to give information related to what she heard from the community during the storm season. After the storms came in with the high wind, everybody and their brother wanted their tree down. She stated that, having the current process in place, she was able to explain to a number of residents that this is the process and they need to make sure the tree is dangerous as they will have to pay the fee and get an arborist, and someone could appeal that if they don’t agree with them. She said what helped them to think about it was the process we have in place and they have to get an arborist and get them to agree, and the process could be appealed. They calmed down, thinking about it and looking into it more, and many of those people didn’t come in to get a tree removal permit. She stated that, from her perspective of what she saw, the process is helping people think about it, talk to an expert, get a little bit more comfort on what’s happening, and maybe they don’t need to take it down. She stated that to keep in mind related to removal, they were talking about this one situation of thousands of dollars that could be paid because of damage to trees. She thinks the $1,000 is minimal compared to what the ordinance is providing which could be thousands, if not tens of thousands, for someone to illegally take out a tree and she thought there was no comparison.

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Councilmember Boles wanted to read something from the tree ordinance as they talk about community benefits. She then read about the maintenance and preservation effects.

Councilmember Bier thinks they are increasing the canopy and protecting the trees. She stated that there is still a disconnect for her.

Mayor pro Tem Vaterlaus stated that, if they impose all these requirements, then someone has to pay for them. She doesn’t think the city should have to pay for these requirements they imposed on people to have their trees cut down. She stated that the whole process is about live trees, not dead trees, not emergencies that they will fall on their house, but choosing to remove the tree. She stated that keeps coming back into her mind that this is a choice.

Acting City Manager Carter stated that, to the point that they don’t have enough data yet as the ordinance and fee are very young so the Council is not ready to make a decision and they can bring this back, during the strategic planning discussion or in a year so they will have clear data for the whole year to see.

Planning Director Murdock agreed, adding that in the staff report, there is already intention in fiscal year 2024-25 to return to Council with proposed ordinance updates, initially conceived as clean up to iron out the wrinkles of a new ordinance. They mentioned that they have the opportunity to expand that, provide a more holistic view of the overall program and figure out if there are revisions to the ordinance beyond cleanup that make sense to better incentivize the right type of behavior to potentially reduce costs associated with administration of the ordinance.

He agrees that they don’t have enough data either way to suggest the fee is a barrier to compliance and they don’t know it it’s inhibiting people from undertaking appropriate tree removals at this point. He thought that holistic assessment in a year or 18 months from now with more data will be instructive and Council can consider appropriate policy steps at that time.

Councilmember Beckmeyer stated that this has been a challenging issue as we are an underfunded city and we put a lot of work on staff by maximizing our tree ordinance. She stated that maximizing means it’s a lot bigger and more complex than it ever was before. What she is hearing in the community is that they liked it the way it was before because it was cheap, but they want all the changes for that price. Talking about cost recovery implies that people have to pay and the city should have to pay. She is struggling with that because the city doesn’t have funds to pay. She does question if our process is as streamlined as it can be. She stated it is very new, but she thinks it is very complicated. She hears this not just about trees, but other processes. Something she thinks would cost a ton of money but she would love to do is to do a holistic overview of our processes for efficiency’s sake. She understands the need versus want, but she is also sensitive to the idea that this could be pricing some people out of the ability to do it and she is thinking that they can’t afford the $1000 fee, and can they afford the tree cutter that needs to come and cut the tree. The $1000 fee it may or may not have cost to get that tree removed was probably a drop in the bucket compared to what the actual cost of doing it was.

She stated that the whole thing is really frustrating to her as they are trying to do a good thing, and there have been some in the community who were very unhappy with expanding our tree ordinance and felt that we are being very naive and unrealistic. She stated that trees have a life cycle and eventually they are going to die anyway and all the carbon that they sequestered is going to be back in the cycle at that point. She is learning about all of this as they are being required to make a decision, and she was leaning toward Councilmember Bier’s point of view

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about more data needed. She stated it applies to the city itself as well. She stated that she has been wondering about some city trees and how does that work in light of the idea of having a city arborist. What else can the city arborist or contractor that serves as the city arborist do, not just for the city’s trees but for the citizens in terms of service. She stated that having an arborist that knows the city, where trees are, what the history is an area where they need to think more deeply about. She stated that maybe goal setting is the time when they really talk about this.

Councilmember Bier wanted to talk about the city arborist. They didn’t do a salary and benefits analysis. She understands how much benefits cost and she thinks that it would be a great thing and she would be interested in talking about that.

Councilmember Beckmeyer stated based on the information given to them in the staff report and looking at the cost of what we spent so far on one part of our consultants, she calculated $288,000 is going to be the cost for the part that came in at around $24,000 so far. What she heard staff say is a full time person with benefits is $200,000 to $250,000. She stated that they are talking about a person who has significant credentials and maintain that professional level of training and we are looking to hire expertise and that costs money. Her thinking calculation looks kind of the same to her and what she thinks they gain is building that knowledge of our city and that commitment and camaraderie with our staff in a way that is harder to do with consultant arrangements.

Mayor Bigstyck stated it sounds like the consensus is leaning away from reducing the permit fee at this time. He thinks they need to give the ordinance they put in place the time to show us what it is and what it does. He also thinks that, in general, good governance means we put a policy into place, see what happens over a long period of time, re-evaluate and amend in accordance with our observations. He cannot tell them that he thinks the fee amount is the right amount, but he can say that he wants to see what the results of the ordinance they put through is so he has enough data to tell them whether or not he thinks it is the right fee amount. He will be more comfortable when they have a track record to deliberate more than that and they have on the agenda amending the ordinance as they have a better understanding of what it is doing and when they look at how they might want to amend the ordinance to make it more userfriendly for our community, that might be better time to look at how they might adjust fees in accordance with adjusting the ordinance altogether. He thinks there is too much unknown and too much newness to make a decision at this time in terms of what direction they should give and they need to stay on this path long enough to get a clearer perspective of what direction they should give.

Councilmember Beckmeyer stated that one opportunity we have before they conclude this discussion is to ask staff to collect specific data that will be helpful to them later. For example, is this all-encompassing fee rare, where it is predicated on the idea that it’s not usually one tree but more than one tree? What if you pay $500 with one tree and up to a maximum of a certain fee, such as $1,000? She asked if there is a point they cross over into logging and when they hit a number of trees they are in another category, not just a tree permit.

Planning Director Murdock stated she may be recalling the prior logging ordinance which kicked in at 20 or more trees, but this overall tree ordinance overhaul repealed the logging ordinance and unified those tree removal requirements under the tree protection ordinance.

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Councilmember Beckmeyer asked if that would pertain whether you are doing development, brand new construction or a significant remodel of your backyard.

Planning Director Murdock stated that the tree ordinance has three categories of regulated activity: tree removal, tree encroachment, and significant pruning. He stated that the discussion at this meeting is related to the tree permit for a stand-alone tree permit removal, i.e., a tree permit that is not associated with a building permit or a Planning Commission type permit. He stated it is a little bit difficult to clearly delineate them, as they are talking about a very narrow singular category of tree permits not related to broader developments on a property. He stated that the ordinance provisions trigger tree permits in a variety of other scenarios, such as a building permit for an addition or approval from the Planning Commission. At this meeting, they are talking about tree permits that don’t involve that and you aren’t implicating a project that requires removal of a tree. These are trees that, as the ordinance is laid out, probably should not be removed in most cases unless they are significantly diseased or have some other compelling reason, as removal in isolation is not related to economic use of the property and doesn’t advance stability of the geology on the property. He stated that it is the exception, not the rule, that these tree permits should even be granted, let alone at a reduced cost.

Councilmember Beckmeyer stated that there are three things she wrote down that she would like to revisit or have more data on to help her think about them when they talk about this again.

One is the substantial trimming or where does it become substantial, and did they make that too narrow and should it be a little broader, and if it is trimming versus removing, if it is a different fee basis. She asked if there was a way to have that assessed by some other means than an arborist report. She thought it might be too much to ask, but it seems there may be an opportunity for a staff member with expertise in building who can tell if putting a deck or an ADU is going to or not going to harm a tree and is that only the domain of the arborist to make that determination. On the issue of charging, is it one tree is this price, two or more trees is a different price, and is there any advantage because that could achieve the goal for some of what they are hearing from people is that it is too high. She stated staff is saying that it covers all the trees at the same fee no matter if one or two trees.

Mayor Bigstyck continues to have a question about the sliding scale for somebody with lower economic disposition or a senior. He would like to see some data around it and what it would require if they were to do something like that.

Councilmember Boles wanted to follow up on Councilmember Beckmeyer’s point, and professionally arborists do tree protection plans and it is typically when you have new construction, not when you have an existing building that you’re reviewing. She would like to see a city arborist with a little more discretion. She would trust the city arborist to make that determination. She added the same for pruning. She stated that the code doesn’t necessarily require an arborist report, but is up to the discretion of staff. She thought it could be a small fee for pruning and the city arborist determines whether he needs to go through the whole process and then they can charge more. She thought that was a lot of money to pay for someone pruning a tree and trying to keep it away from their house and saving it from fire.

Councilmember Beckmeyer thanked her for reminding them that they are talking about trees that don’t need to be cut down and it is a choice. She stated that doing the pruning in ways that are minimal and doesn’t kill the trees is a different thing than doing a giant pruning.

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Councilmember Bier asked if Councilmember Boles thought more information would be helpful about what she was talking about. She agreed with her and asked if they should be asking for more information and when would they be asking for that information to come back, such as when they review the ordinance. She wanted to be clear.

Councilmember Boles stated that it sounds like they are all saying that they will keep the fee as it is until next year and then we get a staff report. She asked when will they have enough data for that staff report.

Acting City Manager Carter stated that they typically review the fees as part of the budget process. They usually see it on the agenda, sometime in the spring, and the significant changes in fees usually need to be adopted no later than June to be in effect for the new fiscal year. She stated that the Council may consider either bringing it back to them with the data they have at that point and they consider the fees with all the data points at that time or they can also discuss it as part of the strategic planning process which they will have before the budget. They will be able to determine if they need more time or when they want to put it on the strategic objectives. She stated it will be around the March-April time frame.

City Attorney Kenyon stated that staff would begin collecting the data right after the first of the year to get it to Council by March. It will have been in place for a year but does Council want it a year and a few months from when the ordinance first became adopted. She thought spring makes more sense to get more data, and that’s the question.

Acting City Manager Carter clarified that they will be collecting data based on input now and direction, and Council may determine to put it on the strategic plan for fiscal year 2024-25 or later in the fiscal year. They have a current strategic plan and a list of tasks and objectives.

She hopes that makes sense for the timing and milestones that they usually bring to them.

Mayor Bigstyck thought so, but he thought they might want to see a full year cycle to see what that looks like. He didn’t know whether any particular season is going to be affecting whether or not people clamor for tree removal. He imagined, if they see a storm like last year or months’ worth of storms, people might plan during winter months to apply for permits at a higher rate.

He thought, if they get a full year’s worth of data, that puts them into the fiscal cycle for next year and they could say it would be nice to have an update around mid-year, around goal setting time to see where they are. He would like to see what a full year looks like to get the detail he is looking for. He thought the timeline for looking at updates to the ordinance itself looks a lot more like fiscal year 2024-25, at which point, if they are reviewing the updates to the ordinance itself, that might be an appropriate time to look at the fee structure simultaneously.

He thought they are already going to have a lift going on around that time, but within the context of trying to have sufficient data, he thought that might be appropriate. He stated they could also have an update sooner than that just to see where they are so far and get a sense earlier.

Planning Director Murdock stated, for Council consideration, the ordinance took effect in October 2022. There were some growing pains with identifying consultants, getting the processes realigned from the heritage tree ordinance to the tree protection ordinance, shifting responsibilities from Public Works to Planning, vice versa, and they didn’t have the opportunity to begin implementing the ordinance in earnest with expert consultants with additional

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administrative support until the March-April 2023 time frame. He stated, to get a year worth of data which he thinks will be helpful, will take them through various seasons of the year, different challenges and complexities that arise due to weather, etc., they are really talking about MarchApril 2024 to have a robust data set. He stated that is generally consistent with what the current staff created work plan is to implement Council’s strategic priorities: to first get a year under their belts with implementation and then in the second year consider what amendments might be needed in terms of cleanup which, as mentioned earlier, they would expand to be more inclusive based on what he heard at this meeting, and to also look at opportunities for efficiencies, cost reductions, maybe better supporting certain policies and discouraging other behaviors. He stated that there are a lot of levers that Council can pull related to the tree protection ordinance that results in better outcomes in Council’s opinion and maybe discourages other kinds of outcomes as well. He stated that would be putting them at FY 2024-25 because there is a robust amount of work that is associated with formulating ordinance policy options after they process the data after a year or year plus of actual implementation.

Councilmember Boles didn’t want to wait until 2024-25 when they update the ordinance. If they have a whole year of data by March-April, she thought they could make a determination at that point if the fees need adjusting without waiting for the full bigger process. That would be her preference.

Councilmember Beckmeyer thinks that dovetails with when the fee schedule is being looked at and amended anyway.

Acting City Manager Carter agreed, stating that, if they are considering the fiscal year 2024-25 for a fee in the spring or some point in May, the full year under the new permit fee will be in August. She said earlier that they can add it to the strategic plan as that is part of their budget process and they will have a strategic plan discussion to add it to the fiscal year 2024-25. She stated that they will have to do some work to determine what the appropriate time would be based on the data they have, the fee results they will receive, the consultants they select, and all the moving parts they don’t have data on now to make a decision.

PW Director Petersen wanted to note that they have had a very unusual start because they put in an emergency contractor to start working on this, and they were working with other consultants to get the work done. She thought it would be great to have a certain amount of data under this new consultant that will be put in place because, at that point, things will be more streamlined and they will have a better data set. Her concern is that the data set they have from March up to this point is not going to be that accurate as they don’t have the streamlining in place. They have put out the RFP, and it is much clearer how the consultant should be moving forward. She hopes that they get better costs as they move forward but they will need a certain amount of time under that new consultant in order to assess that. She thought it would be nice to have nine months of data under the new consultant and that would be more in line with what Acting City Manager Carter was mentioning.

Planning Director Murdock stated, based on their estimation on how the new RFP process will play out, that he thought they will have probably 6-9 months of data heading into the consideration of the next master fee schedule. He offered to the Council to frame their expectations. If they have this conversation again during the fee schedule, they are talking about the same conversation, a subsidy or not, which doesn’t address the costs. He stated that

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what they will have some data to help support is a potential revised fee as part of the fee schedule based on efficiencies and changed costs. He stated that those are different conversations. If the costs are lower than they are calculated now, staff will propose a reduced fee; if higher, they will need to consider what that recommendation is to Council. He stated that it is their job to disclose what the costs are and it is the Council’s job to set what the fees are.

He stated that they can’t have a conversation in this coming March or April time frame on efficiencies or cost reduction measures through an ordinance amendment that needs to wait until FY 2024-25 based on the current work plan. He stated that, depending on the conversation they want to have, that can only happen at a particular point in time.

Mayor Bigstyck stated he is now tracking three different data sets: the implementation of the ordinance, the RFP process for obtaining the new contractor, and the fee of the ordinance itself.

He stated that they are three distinct data sets because they have three distinct starting points.

He stated, when they discuss this in March, he thinks what will be interesting during their goal setting session is that staff will have insights and that will inform their conversation better, but he is hesitant to say that the insights they have will be the complete data sets they want to see before they make those final determinations. He stated that, to look to fiscal year 2024-25, to wrap this up in a package for tweaking the ordinance and see how that all falls into place in terms of the fee makes sense to him, and it may end up being that we make an informed decision when we look at that full package, even though he is welcoming what those initial insights look like when they discuss it during goal setting. He stated that there is no reason for them not to have whatever conversation they want when they get there to see whether the data is more robust than he is anticipating or whether they might want to consider due diligence and wait until they have more data than they will have at that time.

Councilmember Boles stated that there is no rule that they can’t revisit the fee schedule.

Mayor Bigstyck stated that they revisit all the fees every year.

Councilmember Boles stated that she doesn’t want to close that door if they have enough information to adjust things; if the process is going better and they can adjust it then, they can always revisit it when they redo the complete ordinance.

Councilmember Bier and Mayor Bigstyck agreed.

Councilmember Boles thought it was also important to know how many violations we get. This still concerns her about the education piece as she doesn’t think the community knows. She stated that she knows some constituents who were surprised when someone complained about them taking out a tree during the rainy season. She thought maybe staff can comment on that, as she knows some PB&R members who were offering to help reach out to certain communities, i.e., real estate agents and arborists that work in our community, to make sure they know about the ordinance. Beyond Connect with Pacifica, what else can they do to educate people. She stated that we want to educate people so they are doing the right thing.

PW Director Petersen thought the city can do some more outreach as well just as they do with Connect with Pacifica. They have that and they can continue to put that out. She stated that, in talking with Gail Benton Shoemaker from Tree City Pacifica, she expressed an interest in that; if

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Attachment: Attachment B: Minutes of 09-11-2023 Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 23 September 11, 2023
Tree City Pacifica wants to send information, they can put it together for them and send it out to real estate agents, tree services, etc. who need to have that information.

Mayor Bigstyck asked Councilmembers if there was any more direction they want to give or any more data they want to receive.

Councilmember Beckmeyer has one question about tree arborist companies. She recalls a change in the ordinance that they have to register with the city or sign something that they understand the rules in Pacifica. She asked how that works as she sees lots of companies with lots of heavy equipment around, and she questioned if they should ask them if they’re registered with the city and do they know about the tree ordinance. She wants to know that.

PW Director Petersen stated that they have talked with them about during the most recent appeal process about all the tree companies who work in the city or outside of the city needing to have a city business license, as that is under the umbrella of them being able to work within the city. That was part of the discussion related to the ordinance to begin with: telling the companies that they need to have a business license that allows them to work within the city and, if they are violating the rules by cutting down trees they aren’t supposed to or not following the rules, that gives the city some leverage to say that they aren’t getting a business license to work here.

Councilmember Boles stated that she is thinking of Hillsborough where she has to have a business license to work there and they also provide a tag for your vehicle. She asked if that is something we do, and if you are driving by, you know that company has a license. She stated that they don’t know who all those people are.

Planning Director Murdock stated that our business license process does not include that type of tag or permit. He is aware San Francisco also has a similar contractor decal that is supposed to be affixed to a vehicle. That would be an addition to the city’s process that hasn’t historically been there. He also noted that the business license process is not really the right process to institute or impose regulatory requirements. It explicitly says that it’s not intended for that purpose in our municipal code so they would need to think more broadly and creatively, if there is an interest in more administration and direct oversight, on what that would look like while keeping in mind that it has staff and financial costs associated with it. He stated that could be discussed in a broader discussion at some point by Council.

PB&R Director Palacio summarized the questions that they want them to answer: How many trees are being taken out per application? How many of these applications have multiple trees, and how many are single trees? What is substantial trimming? What are some pricing alternatives, such as one tree price, two tree price, three tree price, and the sliding scale as well? Could a city arborist have more discretion in applications and the pruning requirement? How many violations are being reported? What is the outreach that we’re doing and what avenues can we outreach to?
Councilmember Boles added whether it might make sense to ask for a deposit for replanting as opposed to the city having to follow up.

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Attachment: Attachment B: Minutes of 09-11-2023 Regular Council Meeting (5469 : Approval of Minutes) City Council Regular Meeting 24 September 11, 2023
Planning Director Murdock also interpreted some of the feedback from Councilmember Boles asking whether there were enough exemptions for minor projects like deck replacements, making sure that this is calibrated to capture the right scope of work and activity without unduly burdening people.

Councilmember Boles didn’t think it was as much about the scale as it is whether the 50 feet is reasonable. If a tree canopy is far away, is there some discretion that they don’t necessarily need to do an arborist report, as it wasn’t needed for that deck.

Councilmember Bier thanked staff and everyone for following along.

Mayor Bigstyck stated that the fact that they have three departments represented to help them to navigate this one fee is a testament to the complexity of a seemingly otherwise simple issue.

He thanked them for helping them navigate that.

RESULT: NO VOTE REQUIRED

ADJOURN
Mayor Bigstyck adjourned the meeting at 10:26 p.m.

Transcribed by Barbara Medina, Public Meeting Stenographer.

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

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Attachment: Attachment B: Minutes of 09-11-2023 Regular Council Meeting (5469 : Approval of Minutes)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
9/25/2023
1 SUBJECT:

Update Job Classification for the Deputy Director of Public Works – Wastewater Position RECOMMENDED ACTION:

Move to adopt a Resolution approving revisions to the job classification for the Deputy Director of Public Works - Wastewater.

STAFF CONTACT:

Irene Camarena, Human Resources Manager
(650)738-7303
[email protected] <mailto:[email protected]>
Lisa Petersen, Director of Public Works
(650)738-3770
[email protected]
BACKGROUND/DISCUSSION:

Upon the upcoming retirement of the Deputy Director of Public Works - Wastewater, the Director of Public Works has re-evaluated current business needs for the department and recommends modifying the job classification specification to add more clarity to the duty requirements, better reflect the job responsibilities and provide for greater flexibility in filling the position (Attachment A).

Currently, the job description for the Deputy Director of Public Works - Wastewater requires a Grade IV Wastewater Treatment Plant Operators Certificate issued by the California State Water Resources Control Board. This higher-level certificate is difficult to obtain and not required for overall management of Wastewater Operations and limits the number of qualified applicants that can apply. To allow for broader management expertise and expansion of the applicant pool, the classification specification is recommended to be changed to also allow applicants with a Professional Engineers License issued by the California Board of Professional Engineers W/A College Degree and 8 years or more of upper management experience in Wastewater Plant Operations and Collections to apply.

Proposed and original versions of the job classifications are attached. The City Manager recommends the Council adopt the attached revised job classification that has been reviewed by the City Manager’s Office, Human Resources and the Public Works Director. The Deputy Director of Public Works is classified as a member of the unrepresented employee group.

ALTERNATIVE ACTION:

Do not approve the recommended action and provide direction to staff. This option will make recruitment for this position difficult.

RELATION TO THE CITY COUNCIL GOALS AND WORK PLAN:

The recommended action is consistent with the following Council goal:
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“Enhance organizational and fiscal stability” includes strategies to address employee retention and attraction challenges, engaging staff in decision-making, and recognizing staff.

FISCAL IMPACT:

There is no fiscal impact related to this action, as the recommended changes to the job classification will not change the current salary range for the position.

ORIGINATED BY:

Human Resources
ATTACHMENT LIST:

Attachment A: Proposed Job Description - DDPW-WW -UPDATED 9.25.2023 (PDF) Attachment B: Current Job Description - DDPW-WW - UPDATED 10-25-2021 (PDF) 2 Packet Pg. 62
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RESOLUTION NO. ______

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

REVISIONS TO THE DEPUTY DIRECTOR OF PUBLIC WORKS FOR WASTEWATER JOB

CLASSIFICATION
WHEREAS, Chapter 5, Article 4 of the Pacifica Municipal Code establishes a civil service personnel system and procedures for the administration of personnel matters; and WHEREAS, said Chapter requires that the City Manager, as Personnel Officer, prepare and recommend to the City Council a position classification plan, class specifications, and revisions thereto; and
WHEREAS, said Chapter requires that personnel rules and policies be adopted by resolution of the City Council; and
WHEREAS, there is a need to modify the current job description for Deputy Director of Public Works - Wastewater to add more clarity to the duty requirements, to better reflect the job responsibilities and provide greater flexibility in filling this position; and NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica that the job classification specification for Deputy Director of Public Works - Wastewater is hereby revised and amended with no change to the salary schedule to the Unrepresented Management and Confidential Employees group.

THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that the job classification specification for Deputy Director of Public Works - Wastewater is hereby revised and amended with no change to the salary schedule to the Unrepresented Management and Confidential Employees group.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of September 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 2 Packet Pg. 63
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ATTACHMENT A
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City of Pacifica 10/18/2021
DEPUTY DIRECTOR OF PUBLIC WORKS – WASTEWATER

DEFINITION
Under general direction of the Director of Public Works, the Deputy Director of Public Works - Wastewater plans, organizes and directs the activities of the Calera Creek Water Recycling Plant (Plant), the Collection System, and the storm water pump stations; works effectively in a team-based environment, carrying out management, technical, coaching, supervisory, project management, and administrative responsibilities.

ESSENTIAL FUNCTION REQUIREMENTS
• Plans, organizes and directs the activities necessary to ensure that the Plant, collection system and pump stations are working efficiently.
• Directs the Plant Manager and Collection System Superintendent in implementation of department objectives.
• Schedules, supervises and reviews the work of Wastewater Division staff. Prepares and monitors Division budget.

EXAMPLE OF DUTIES
• Ensures that the City’s safety program requirements are implemented and carried out to maintain a safe work environment.
• Develops Capital Improvement Program for Wastewater facilities in coordination with Plant Manager, Collection System Superintendent, and Engineering Section of Public Works
• Works with the Project Engineer to develop and manage capital projects related to the Plant, collection system and storm water pump stations. • Ensures the regular review and updating of standard operating procedures for all Division work
• Ensures the appropriate training of Division employees in the various aspects of their work.
• Ensures that an active preventative maintenance (PM) program is carried out for all wastewater assets and stormwater pumping facilities, including the use of a CMMS system to track PM.
• Oversees the preparation of reports required on monitoring of the Plant and collection system and the receiving waters as indicated in the Plant’s National Pollutant Discharge Elimination System permit.
• Ensures all required permits from regulatory agencies, such as the Bay Area Air Quality Management District, State Water Resources Control Board, US Environmental Protection Agency and San Mateo Health Department, for Plant, collection system and pump stations are maintained current at all times.
• Ensures that near-misses and accidents or injuries are investigated and all necessary reports are completed.
• Prepares and presents reports to the City Council and members of the public, as required. • Other duties as required.

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Attachment: Attachment A: Proposed Job Description - DDPW-WW -UPDATED 9.25.2023 (5474 : Deputy Director of Public Works Job City of Pacifica: Deputy Director of Public Works – Wastewater Page 2

EMPLOYMENT STANDARDS
Knowledge of: State and Federal regulations relating to wastewater collection and treatment facility operations; principles and practices of sanitary sewer and wastewater treatment facility operations, general principles of laboratory operation and industrial waste management, longterm and strategic planning, municipal finance and budget systems, principles of economics, finance and civil engineering as applied to wastewater collection and treatment, principles of effective management and supervision, negotiating principles, contract administration, municipal/public administration; and coordination of staff and resources.

Skill in: Developing and implementing goals, objectives, policies, procedures; training, developing, evaluating staff; analyzing operating problems, evaluating alternative proposals and making sound conclusions; administering contracts, preparing clear, concise, and accurate reports, correspondences and oral presentations.

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

Experience:

Six years of experience in wastewater treatment and utility operations, including five years of management level experience. Experience in construction management of wastewater facilities highly desirable.

Education:

Equivalent to a Bachelor’s Degree from an accredited college or university with major course work in civil engineering, chemistry or related field is desired.

LICENSES
Must possess a valid California Class C driver’s license and have a satisfactory driving record.

Possession of a current Grade IV Wastewater Treatment Plant Operators Certificate as issued by the California State Water Resources Control Board.

PHYSICAL DEMANDS AND WORKING CONDITIONS
Essential duties entail the following representative physical demands and work environment.

Reasonable accommodations may be made to enable individuals with disabilities to perform essential duties.

Must possess the mobility to work in a standard office setting, to inspect various City infrastructure sites, including climbing ladders and stairs, attending meetings; strength, stamina and mobility to perform heavy physical work, drive a motor vehicle and heavy construction equipment and to lift and move materials and equipment as necessary and in emergency situations; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups and over the telephone.

Will be required to work in both an office environment and outdoors, including working in inclement weather and emergency situations. Must be willing to work evenings and weekends, and respond off-hours to various emergency situations. May work in an environment where exposed to machinery, chemicals, uneven surfaces, noise, vibration, and confined spaces.

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Attachment: Attachment A: Proposed Job Description - DDPW-WW -UPDATED 9.25.2023 (5474 : Deputy Director of Public Works Job City of Pacifica: Deputy Director of Public Works – Wastewater Page 3 The employee is frequently required to sit, talk and hear, use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to walk. Employee must maintain physical condition appropriate to performance of job duties which may include sitting for long periods of time and operating assigned office equipment, and maintain stamina to attend and participate in evening meetings as assigned.

Incumbents generally work in an office environment with extensive public contact. Incumbents may be required to work in the field on occasion. The noise level in the work environment is usually quiet, but can be moderately noisy. The noise level when in the field can be quite noisy.

Effective Date: July 1, 2016
Status: Exempt – At Will
Bargaining Unit: Unrepresented
Revised Date: October 18, 2021
Resolution:

Approved Date:

Former Titles:

Abolished:

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Attachment: Attachment A: Proposed Job Description - DDPW-WW -UPDATED 9.25.2023 (5474 : Deputy Director of Public Works Job City of Pacifica 10/25/2021
DEPUTY DIRECTOR OF PUBLIC WORKS – WASTEWATER

DEFINITION
Under general direction of the Director of Public Works, the Deputy Director of Public Works - Wastewater plans, organizes and directs the activities of the Calera Creek Water Recycling Plant (Plant), the Collection System, and the storm water pump stations; works effectively in a team-based environment, carrying out management, technical, coaching, supervisory, project management, and administrative responsibilities.

ESSENTIAL FUNCTION REQUIREMENTS
• Plans, organizes and directs the activities necessary to ensure that the Plant, collection system and pump stations are working efficiently.
• Directs the Plant Manager and Collection System Superintendent in implementation of department objectives.
• Schedules, supervises and reviews the work of Wastewater Division staff. Prepares and monitors Division budget.

EXAMPLE OF DUTIES
• Ensures that the City’s safety program requirements are implemented and carried out to maintain a safe work environment.
• Develops Capital Improvement Program for Wastewater facilities in coordination with Plant Manager, Collection System Superintendent, and Engineering Section of Public Works
• Works with the Project Engineer to develop and manage capital projects related to the Plant, collection system and storm water pump stations. • Ensures the regular review and updating of standard operating procedures for all Division work
• Ensures the appropriate training of Division employees in the various aspects of their work.
• Ensures that an active preventative maintenance (PM) program is carried out for all wastewater assets and stormwater pumping facilities, including the use of a CMMS system to track PM.
• Oversees the preparation of reports required on monitoring of the Plant and collection system and the receiving waters as indicated in the Plant’s National Pollutant Discharge Elimination System permit.
• Ensures all required permits from regulatory agencies, such as the Bay Area Air Quality Management District, State Water Resources Control Board, US Environmental Protection Agency and San Mateo Health Department, for Plant, collection system and pump stations are maintained current at all times.
• Ensures that near-misses and accidents or injuries are investigated and all necessary reports are completed.
• Prepares and presents reports to the City Council and members of the public, as required. • Other duties as required.

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Attachment: Attachment B: Current Job Description - DDPW-WW - UPDATED 10-25-2021 (5474 : Deputy Director of Public Works Job City of Pacifica: Deputy Director of Public Works – Wastewater Page 2

EMPLOYMENT STANDARDS
Knowledge of: State and Federal regulations relating to wastewater collection and treatment facility operations; principles and practices of sanitary sewer and wastewater treatment facility operations, general principles of laboratory operation and industrial waste management, longterm and strategic planning, municipal finance and budget systems, principles of economics, finance and civil engineering as applied to wastewater collection and treatment, principles of effective management and supervision, negotiating principles, contract administration, municipal/public administration; and coordination of staff and resources.

Skill in: Developing and implementing goals, objectives, policies, procedures; training, developing, evaluating staff; analyzing operating problems, evaluating alternative proposals and making sound conclusions; administering contracts, preparing clear, concise, and accurate reports, correspondences and oral presentations.

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

Experience:

Six years of experience in wastewater treatment and utility operations, including five years of management level experience. Experience in construction management of wastewater facilities highly desirable.

Education:

Equivalent to a Bachelor’s Degree from an accredited college or university with major course work in civil engineering, chemistry or related field is desired.

LICENSES
Must possess a valid California Class C driver’s license and have a satisfactory driving record. Possession of a current Grade IV Wastewater Treatment Plant Operators Certificate as issued by the California State Water Resources Control Board.

PHYSICAL DEMANDS AND WORKING CONDITIONS
Essential duties entail the following representative physical demands and work environment.

Reasonable accommodations may be made to enable individuals with disabilities to perform essential duties.

Must possess the mobility to work in a standard office setting, to inspect various City infrastructure sites, including climbing ladders and stairs, attending meetings; strength, stamina and mobility to perform heavy physical work, drive a motor vehicle and heavy construction equipment and to lift and move materials and equipment as necessary and in emergency situations; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups and over the telephone.

Will be required to work in both an office environment and outdoors, including working in inclement weather and emergency situations. Must be willing to work evenings and weekends, and respond off-hours to various emergency situations. May work in an environment where exposed to machinery, chemicals, uneven surfaces, noise, vibration, and confined spaces.

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Attachment: Attachment B: Current Job Description - DDPW-WW - UPDATED 10-25-2021 (5474 : Deputy Director of Public Works Job City of Pacifica: Deputy Director of Public Works – Wastewater Page 3 The employee is frequently required to sit, talk and hear, use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to walk. Employee must maintain physical condition appropriate to performance of job duties which may include sitting for long periods of time and operating assigned office equipment, and maintain stamina to attend and participate in evening meetings as assigned.

Incumbents generally work in an office environment with extensive public contact. Incumbents may be required to work in the field on occasion. The noise level in the work environment is usually quiet, but can be moderately noisy. The noise level when in the field can be quite noisy.

Effective Date: July 1, 2016
Status: Exempt – At Will
Bargaining Unit: Unrepresented
Revised Date: October 18, 2021
Approved Date: October 25, 2021
Resolution No: 68-2021
Former Titles:

Abolished:

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Attachment: Attachment B: Current Job Description - DDPW-WW - UPDATED 10-25-2021 (5474 : Deputy Director of Public Works Job

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
9/25/2023
1 SUBJECT:

Approve the agreement with the County of San Mateo, Behavioral Health and Recovery Services (BHRS) to expand the Community Wellness and Crisis Response Team (CWCRT) pilot program in the City of Pacifica and to share the costs of one full-time mental health clinician in Pacifica as part of the CWCRT pilot program.

RECOMMENDED ACTION:

Adopt the attached resolution approving a three-year agreement between the County of San Mateo and the City of Pacifica to share the costs of one full-time mental health clinician in Pacifica as part of the Community Wellness and Crisis Response Team (CWCRT) pilot program for an estimated annual cost of $88,369, which shall be prorated based on the clinician’s start date; and authorizing the City Manager to sign the Agreement.

STAFF CONTACT:

Maria Sarasua, Chief of Police
(650) 738-7310
[email protected]
EXECUTIVE SUMMARY:

The County, acting through BHRS of San Mateo County Health, and the City of Pacifica seek to expand an existing pilot program of the Community Wellness and Crisis Response Team (CWCRT) to improve City and County response to community members experiencing mental health crisis in Pacifica.

The services performed by the mental health clinician are conducted by an independent contractor under a separate Contract Agreement between BHRS and StarVista, known as the “StarVista clinician.” The StarVista clinician will remain an employee of StarVista while providing services under specific terms of a contract agreement with BHRS, and at no time shall the StarVista clinician be deemed an employee of the City of Pacifica or BHRS.

Pursuant to Assembly Bill 179, Chapter 249, Section 19.56, Item 4170-101-0001 of the California State Budget Act of 2022 (2022 Budget Act Funding), which made appropriations for the support of state government and local assistance for FY 22- 23, the County received funding for the purpose of expanding the law enforcement co-responder model CWCRT Program. The County will use a portion of this funding, under the terms of this Agreement, to expand the CWCRT Program to the City of Pacifica, specifically to add one full-time mental health clinician.

The CWCRT Pilot Program is dependent on funding provided through the 2022 Budget Act Funding as the County will use a portion of this funding for program operating costs. Per the Agreement, the County shall give written notice of its determination that the 2022 Budget Act Funding will be exhausted, and all parties agree to meet in the projected last quarter of funding availability to address the possible termination or continuance of the CWCRT Program. 3 Packet Pg. 71
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Continuance of the program will require that all parties provide independent funding for clinician services.

The mental health clinician start date is expected to be November 1, 2023. This date will be used for funding purposes and for the appropriation of FY 23-24 costs. The actual start date is contingent upon the completion of applicable contracts and agreements, and the clinician hiring process; however, the start date will not be prior to November 1, 2023.

BACKGROUND
Historically, due to a lack of behavioral health resources and services, law enforcement has been tasked as first responders to individuals experiencing mental health crisis. This deficit in resources has limited the level and quality of care that a person in crisis receives and can further strain the relationship between law enforcement and community. Law enforcement response to behavioral health crises calls occasionally has devastating results, such as trauma, injury, or death. Lastly, linking persons with mental health diagnoses to the justice system is often ineffective, inefficient, and would be more appropriately resolved through the behavioral health care system. For all these reasons, the community has reconsidered how to best provide optimal care to a vulnerable population and properly utilize law enforcement resources. The result is the CWCRT program.

On January 12, 2020, the San Mateo County Board of Supervisors adopted Resolution No.

R077937 which approved the CWCRT Pilot Program, a partnership among four City Police Departments (Daly City, South San Francisco, San Mateo, and Redwood City) and the County, to embed in each of those cities’ police departments one mental health clinician to provide a crisis co-response to crisis calls involving mental health issues. The County entered into a contract with StarVista to provide the mental health clinicians for the CWCRTs.

The Pilot Program, launched on December 6, 2021, was designed as a law enforcement coresponder mobile crisis model, based on best practice models in other jurisdictions. The CWCRT enhances City and County response to incidents involving individuals experiencing mental health crises, by supplementing that response with the engagement of a mental health clinician assigned to work with each partner police department. Under the Pilot Program, the StarVista clinicians contracted by BHRS assist in the first response by providing early intervention, crisis de-escalation, 5150 evaluation, involuntary holds, referrals to therapeutic hospitalizations, and guidance to support services for individuals in mental health crisis. BHRS provides ongoing clinical training, consultation, and clinical oversight on the crisis response work conducted by all the StarVista clinicians in addition to conducting contract monitoring responsibilities.

In furtherance of the implementation of the CWCRT Pilot Program, the County entered into an agreement with the John W. Gardner Center for Youth and Their Communities of the Stanford University Graduate School of Education (Gardner Center), to support the planning and implementation efforts (Gardner Center Agreement). Under the Gardner Center Agreement, the Gardner Center conducts an implementation and evaluation study which will examine the interventions and assessment methods utilized by the CWCRT participant cities, to assist the cities to better understand and most effectively support the population served through the CWCRT Program.

Program Goals as stated in the Agreement are the following:

Goal 1: Law enforcement staff and the mental health clinician will respond together to active crisis situations where mental health crisis is a factor.

Goal 2: Improve outcomes for individuals experiencing a crisis due to mental illness or 3 Packet Pg. 72
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suspected mental illness.

Goal 3: Increase access to appropriate behavioral health resources, services, and treatment.

Goal 4: Provide clinical consultation, training, and support to law enforcement personnel in the field.

Goal 5: Increase knowledge of mental health conditions and effective intervention strategies among law enforcement personnel.

Goal 6: Law enforcement will strengthen relationships with service providers and community.

DISCUSSION
In the event of a suspected mental health crisis incident within the City of Pacifica, the mental health clinician will respond to the scene together with law enforcement personnel, exercising their independent judgment and expertise. The goal of the immediate co-response will be to deescalate the crisis and to support the safety of the individual in crisis, those around the individual, and all responding to the incident. The mental health clinician will assess the person suspected to be in mental health crisis and determine the best course of action (e.g., temporary mandatory placement in a medical facility for psychiatric evaluation and treatment under Section 5150 of the Welfare and Institutions Code, referral for treatment, etc.) and provide needed follow-up support and linkages to further stabilize the crisis and prevent future similar crises from happening again. While a co-response with law enforcement will be standard practice, the clinician may operate independently during some contacts, such as follow-up contacts and when a call for service is deemed safe for law enforcement to leave the scene while the clinician continues to provide services.

The Pacifica Police Department will be required to provide the clinician with a workspace, desktop computer, access to the radio dispatch system, access to law enforcement database systems to the extent necessary to carry out job responsibilities, and all necessary office supplies. The Pacifica Police Department will orient and inform the clinician of community needs, work with the clinician and police personnel to build necessary relationships and understanding, and will participate in meetings with BHRS and StarVista to evaluate program operations.

BHRS, in combination with StarVista, will provide the clinician with all additional tools and equipment necessary to complete the expected work, such as a laptop computer and vehicle (fuel included). Also included are all required certification updates and training necessary for the clinician to remain in the program. BHRS will meet with StarVista for contract monitoring, quality assurance, and clinical adherence.

Analysis
From May 1, 2022 - May 1, 2023, the Pacifica Police Department responded to 274 welfare checks involving mental health evaluations pursuant to Welfare and Institutions Code 5150 (W&I5150), 151 responses resulted in the evaluated person being placed on a psychiatric detention.

A mental health clinician possesses training and knowledge specific to mental health crisis and would be a helpful resource for Pacifica Police Officers, the person being evaluated, and others who may be at the scene, such as family of the person being evaluated. A clinician may also recontact individuals following the initial contact; a significant benefit of the CWCRT Program is the opportunity for persons in need to receive mental health support beyond what may be offered during the initial contact. Considering there may be significant portions of time in which a clinician does not have calls for service to respond to, providing follow-up support services to community members in need will be a critical and achievable clinician service. This follow-up service may improve the quality of life for some community members and may reduce the 3 Packet Pg. 73
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frequency of calls for service having to do with mental health crisis.

In addition to calls for service involving W&I 5150 evaluations, the Pacifica Police Department responds to various other types of calls in which a mental health clinician may be beneficial to the community and responding officers, such as domestic and family disturbances, and welfare checks. Not all evaluations meet the threshold of W&I 5150, but a mental health component may still exist. A clinician can provide assistance and services not often available from Pacifica police officers. A mental health clinician co-responding with officers or following-up with people after a mental health crisis, may provide more in-depth understanding of a situation and be of more assistance to the person(s) in need of support and to the Pacifica Police Department.

San Mateo Police is one of the initial four San Mateo County law enforcement agencies to incorporate one full-time mental health clinician into their operations as part of the CWCRT Pilot Program. In a one-year period, August 2022 - July 2023, San Mateo Police reported they received over 1,400 calls for service that may have qualified for possible clinician response, including W&I 5150 evaluations, welfare checks and some domestic/family disturbances. Many of these calls for service occurred during the clinician’s time off; however, the clinician did respond to over 250 such calls in the one-year period. San Mateo Police management reported the clinician provided a level of expertise during calls for service that was not possible from officers, greatly assisting not only the person(s) in need of assistance, but also the officers responding with the clinician. In addition to co-responding to calls for service, the clinician reviewed officer’s mental health related reports and offered suggestions to better clarify and describe mental health topics and provided San Mateo Police staff with mental health related training to assist officers in the field and to improve the reporting and processing of mental health related incidents. San Mateo Police management reports the clinician program has been a success and has benefited the community and agency.

According to research completed by the Gardner Center pertaining to the first full year of a mental health clinician working with the San Mateo Police Department, the research showed significant community benefit, such as increased connection between clients and mental health services, decreased rates of mental health detentions, and closer collaboration between police and mental health professionals for client benefit.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Approval of the CWCRT agreement is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
The adopted the budget for FY 2023-24 includes funding for the first year of a two-year pilot program to add a mental health clinician in the police department ($140,000). The total budgeted fully weighted salary and benefits for one full time mental health clinician by StarVista for FY 23-24 is $176,737.00. The City will cover fifty percent (50%) of the fully weighted salary and benefit costs of the StarVista mental health clinician, and the County will cover fifty percent (50%) of the fully weighted salary and benefit costs of the StarVista clinician.

The City of Pacifica would be responsible for an annual cost of $88,369 of the total amount; however, for FY 23-24, the cost will be prorated based on the clinician’s start date. The clinician’s expected start date of November 1, 2023 will result in a prorated cost of 3 Packet Pg. 74
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approximately $58,913. The provided non-prorated cost can be expected for FY 2024-25 and possibly FY 2025-26 if money remains from the 2022 Budget Act Funding. Cost-of-living increases will be applied for FY 2024-25 and FY 2025-26.

The County will be responsible for all costs associated with the Gardner Center Agreement. The Pacifica Police Department agrees to cooperate fully with the Gardner Center Evaluation process.

The County will bear one hundred percent (100%) of the StarVista operating costs for this expansion to the City for the term of this Agreement.

The County will bear one hundred percent (100%) of the administrative costs associated with the StarVista contract. The County will be responsible for 100% of personnel supplies, including cost of a County car, auto insurance, ongoing gasoline and maintenance, and County laptop with required licenses. The cost of supplies used in the offices of the Pacifica Police department will be the City’s financial responsibility.

ALTERNATIVE ACTION:

Council may choose not to approve the agreement between the County of San Mateo and the Pacifica Police Department and provide staff further direction.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the agreement is consistent with the Council adopted Goal #5, Strategy B: Increase communications, education, and connections for community mental health resources.

ORIGINATED BY:

Police
ATTACHMENT LIST:

Attachment A: Agreement Between The City of Pacifica and County of San Mateo (PDF) 3 Packet Pg. 75
Pacifica City Council 6
September 25, 2023
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING THE APPROPRIATION OF $88,369 FROM THE POLICE DEPARTMENT’S FISCAL YEAR 2023-2024 OPERATING BUDGET AND APPROVING A THREE YEAR

AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND CITY OF PACIFICA TO

SHARE COSTS OF ONE FULL-TIME MENTAL HEALTH CLINICIAN IN PACIFICA AS PART

OF THE COMMUNITY WELLNESS AND CRISIS RESPONSE TEAM (CWCRT) PILOT PROGRAM FOR AN ESTIMATED ANNUAL COST OF $88,369, WHICH SHALL BE PRORATED BASED ON THE CLINICIAN’S START DATE; AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City of Pacifica wishes to partner with the County of San Mateo to retain the services of one full-time mental health clinician for optimal response to individuals experiencing behavioral health crises within the Pacifica community; and WHEREAS, the mental health clinician would respond jointly with police personnel to improve outcomes for individuals and families experiencing behavioral health crisis and increase access to resources, services, and treatment; and WHEREAS, this collaboration is designed to provide clinical consultation, training, and support to law enforcement personnel in the field to increase knowledge and effective intervention strategies; and
WHEREAS, the term of the CWCRT pilot program is expected to extend through FY2024-25, and possibly into FY 2025-26, and is dependent on 2022 Budget Act Funding provided to the County of San Mateo; and
WHEREAS, the City of Pacifica will be responsible for 50% of the fully weighted salary and benefits cost of the Star Vista mental health clinician amounting to $88,369 for FY 23-24; and
WHEREAS, the applicable FY 2023-24 costs will be prorated based upon the expected clinician start date of November 1, 2023, resulting in an adjusted cost of approximately $58,913 for FY 2023-2024; and
WHEREAS, subsequent years will include a cost-of-living increase to the originally agreed upon costs.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica approves a three-year agreement between the County of San Mateo and the City authorizing to share the costs of one full-time mental health clinician in Pacifica as part of the Community Wellness and Crisis Response Team (CWCRT) pilot program for an estimated annual cost of $88,369, which shall be prorated based on the clinician’s start date.

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the Community Wellness and Crisis Response Team Agreement in the form attached hereto, with minor revisions that may be approved by the City Attorney, and to execute any other 3 Packet Pg. 76
Pacifica City Council 7
September 25, 2023
necessary documents to effectuate the terms of the Agreement. • • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of September 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. 77

AGREEMENT BETWEEN

THE CITY OF PACIFICA AND

THE COUNTY OF SAN MATEO FOR THE PROVISION OF
The purpose of this Agreement between the County of San Mateo (County), acting through the Behavioral Health and Recovery Services (BHRS) of San Mateo County Health, and the City of Pacifica Police Department (City) (Agreement) is to expand the pilot program of Community Wellness and Crisis Response Team (CWCRT) to improve City and County response to community members experiencing mental health crisis.

This Agreement sets forth the terms and conditions between the County/BHRS and the City, collectively referred to as the Parties, for the provision of embedding one full-time mental health clinician in the City Police in support of the expansion of the CWCRT for three (3) fiscal years, FY 2023 through 2026.

The County agrees to the following:

1. Background Information
On January 12, 2020, the San Mateo County Board of Supervisors adopted Resolution No. R077937 which approved the CWCRT Pilot Program, a partnership among four City Police Departments (Daly City, South San Francisco, San Mateo, and Redwood City) and the County, to embed in each of those cities’ police departments one mental health clinician to provide a crisis co-response to crisis calls involving mental health issues. The County entered a contract with StarVista to provide the mental health clinicians for the CWCRTs, as StarVista was already providing a mobile youth crisis response team.

The Pilot Program, launched on December 6, 2021, was designed as a law enforcement co-responder mobile crisis model, based on best practice models in other jurisdictions. The CWCRT enhances City and County response to incidents involving individuals experiencing mental health crises, by supplementing that response with the engagement of a mental health clinician assigned to work with each partner police department. Under the Pilot Program, the StarVista clinicians contracted by BHRS assist in the first response by providing early intervention, crisis de-escalation, 5150 evaluation, involuntary hold, and referrals to therapeutic hospitalizations, and guidance to support services for individuals in mental health crisis. BHRS provides ongoing clinical training, consultation, and clinical oversight on the crisis response work

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Attachment: Attachment A: Agreement Between The City of Pacifica and County of San Mateo (5473 : Resolution - Mental Health Clinician conducted by all the StarVista clinicians in addition to conducting contract monitoring responsibilities.

In furtherance of the implementation of the CWCRT Pilot Program (Program), the County entered an agreement with the John W. Gardner Center for Youth and Their Communities of the Stanford University Graduate School of Education (Gardner Center), to support the planning and implementation efforts (Gardner Center Agreement). Under the Gardner Center Agreement, the Gardner Center conducts an implementation and evaluation study which will examine the interventions and assessment methods utilized by the CWCRT participant cities, to assist the cities to better understand and most effectively support the population served through the CWCRT program.

The current Agreement will expand the CWCRT Program to Pacifica to specifically add one full-time mental health clinician in the City Police department to provide the first response mental health crisis services as described above. The Agreement will address the roles and responsibilities between the City and the County.

2. Purpose or Scope of Work
The City enters into this cooperative and reciprocal agreement with the County, acting through BHRS, for expanding CWCRT to enhance its response to community members in mental health crisis. In the event of a suspected mental health crisis within a community, once informed, the mental health clinician will respond to the scene together with the City law enforcement officer, exercising their independent judgment and expertise and in collaboration with the officer. The goal of the immediate co-response will be to de-escalate the crisis and to support the safety of the individual in crisis, those around the individual, and all responding to the incident. The mental health clinician will then assess the person suspected to be in mental health crisis (“the client”) and determine the best course of action (e.g., temporary mandatory placement in a medical facility for psychiatric evaluation and treatment under Section 5150 of the Welfare and Institutions Code, referral for treatment, etc.) and provide needed follow-up support and linkages to further stabilize the crisis and prevent future similar crises from happening again. One of the goals of the CWCRT program is that clients in mental health crisis contacting and interacting with law enforcement receive early intervention and guidance toward appropriate health services. The mental health clinician will be trained in the range of available mental health resources both within BHRS and in the community, and

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Attachment: Attachment A: Agreement Between The City of Pacifica and County of San Mateo (5473 : Resolution - Mental Health Clinician together the law enforcement/mental health clinician response team will decide on the best course of action and/or resources or program for the client.

The County of San Mateo derives direct benefit from the implementation of this Agreement, by way of, for example, increasing its ability to directly respond to community members in mental health crisis; providing Medi-Cal reimbursable services to County clients; enhancing response time for those in need of mental health services and resources; and creating a broader and more effective continuum of care that results in a decrease in justice system contacts.

To achieve a healthy and integrated community, this Agreement represents a collaboration among the Parties to jointly exercise their common powers to enhance community linkages and help stabilize and improve the health and well-being of persons experiencing mental health crisis. Important outcomes include, but are not limited to: residential stability, improved mental health and connection to needed services and treatment, reduced use of acute and emergency services, and reduced contact with the criminal justice system.

3. Relationship of Parties
The Parties acknowledge and agree that the services performed under this agreement by the mental health clinician are conducted by an independent contractor under a separate Contract Agreement between BHRS and StarVista, known as the “StarVista clinician”. The StarVista clinician is part of the StarVista workforce and remains an employee of StarVista while providing services under specific terms of a contract agreement with BHRS, and at no time shall the StarVista clinician be deemed an employee of the City or BHRS.

Neither the County of San Mateo nor the StarVista clinician acquire any of the rights, privileges, powers, or advantages of the employees of the City.

4. Mutual Responsibilities of the Parties

4.1 The Parties agree to review, adopt, and modify as needed, policies and procedures that may be developed by the participants in the CWCRT Program regarding, but not limited to, scope of work, chain of communication, necessary training, grievance process, performance concerns, ongoing monitoring of the Program, supervision of job performance of the StarVista clinician, and handling and disposition of data generated by all the Program participants. The policies and procedures will reflect the Parties’ mutual understanding that the StarVista clinician is a contracted StarVista employee and professional who

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Attachment: Attachment A: Agreement Between The City of Pacifica and County of San Mateo (5473 : Resolution - Mental Health Clinician exercises independent clinical judgment and expertise in the performance of their scope of work complying to all the County’s requirements related to crisis mental health services, applicable laws and ethics, and the required documentation and reporting procedures under the BHRS Documentation Guidelines.

4.2 The Parties will participate, as needed, in efforts to obtain and analyze data to document the effectiveness of the Program in reaching the anticipated goals and objectives, while protecting and respecting individuals’ confidentiality and privacy rights per HIPAA requirements. These efforts will include partnering with the Gardner Center to evaluate the Program’s effectiveness during the term of the Agreement (Gardner Center Evaluation).

4.3 The Parties will participate in all the collaborative trainings when appropriate, follow the developed program strategies and protocol of the response team, in a manner that respects the dignity and diversity of community members.

5. Responsibilities of the Parties

5.1 The City shall be responsible for each of the following:
• Providing the StarVista clinician with a workspace and access to the City’s computer and radio dispatch systems, including but not limited to law enforcement data base system, to the extent necessary to carry out job responsibilities of this co-responder Program, as necessary; • Orient and familiarize the StarVista clinician with the City Police department workspace, technology and operations, and specific community needs • Support and collaborate with the StarVista clinician in clinical decisions and referrals
• Work collaboratively with the StarVista clinician to provide necessary law enforcement-related information to assist the clinician in achieving the agreed upon outcomes of the Program
• Participate in meetings with city partners, BHRS, and StarVista for progress status, data collection, outcomes evaluation, coordination, and sustainability.

5.2 BHRS shall be responsible for each of the following:
• Contract out provision of the mental health crisis response to StarVista for a trained full-time mental health clinician to be embedded in the City Police department

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Attachment: Attachment A: Agreement Between The City of Pacifica and County of San Mateo (5473 : Resolution - Mental Health Clinician • The Scope of Work provided by this mental health clinician will be clearly defined in the BHRS contract agreement with StarVista, which includes crisis response, crisis de-escalation, crisis assessment, involuntary 5150 hold, short-term follow-up intervention support and case management linkage connection to needed treatment and services. Related training, documentation requirements and data collections will all be detailed in the County’s agreement with StarVista and monitored on an ongoing basis • Ensure required onboarding documentation orientation, needed 5150 certification training, BHRS and community mental health/substance use services and resources training, and periodic training related to crisis response, crisis de-escalation, crisis assessment, 5150 involuntary hold, laws and ethics are arranged for or provided
• Provide the StarVista clinician with all needed County equipment and materials necessary to perform the function of a mental health crisis response clinician in the CWCRT Program (i.e. County laptop with needed applications, County car, auto insurance, auto maintenance, ongoing gasoline), and technical support to address related technical issues as they may arise in the use and maintenance of this equipment
• Provide Avatar electronic health record log-in for the purpose of client lookup and documentation of billable and nonbillable mental health services • Hold meetings with StarVista for the purpose of contract monitoring, quality assurance, and clinical adherence
• Exercise reasonable care to ensure compliance with all legal and clinical requirements related to the contract with the County and the crisis work performed by the StarVista clinician

6. Goals of the CWCRT Program
Goals of the CWCRT Program are:

Goal 1: Law enforcement staff and the mental health clinician will respond together to active crisis situations where mental health crisis is a factor.

Goal 2: Improve outcomes for individuals experiencing a crisis due to mental illness or suspected mental illness.

Goal 3: Increase access to appropriate behavioral health resources, services, and treatment.

Goal 4: Provide clinical consultation, training, and support to law enforcement personnel in the field.

Goal 5: Increase knowledge of mental health conditions and effective intervention strategies among law enforcement personnel.

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Attachment: Attachment A: Agreement Between The City of Pacifica and County of San Mateo (5473 : Resolution - Mental Health Clinician Goal 6: Law enforcement will strengthen relationships with service providers and community.

The Parties agree to meet and confer periodically to assess and revise program goals, and to add new program goals, as appropriate.

7. Special Terms and Conditions

7.1 Coordination and Oversight
The assigned BHRS Clinical Services Manager will be responsible for the oversight of the StarVista contract and its progress status with StarVista, provide ongoing clinical consult, training, and quality assurance/quality improvement of the services provided by the StarVista clinician.

The Chief of the Pacifica Police Department, or their designee, will participate in the quarterly oversight CWCRT Advisory meetings, in the Working Group meetings as needed to monitor the progress of the CWCRT expansion towards its objectives, review any operational issues that have arisen, and identify items for ongoing work plan as needed.

7.2 Conflict Resolution
In the event of disagreements or conflicts between the Parties to this Agreement, the disagreement or conflict will be referred initially and in writing to the assigned Captain and Clinical Services Manager from Pacifica Police and BHRS, respectively. In the event consultation at that level does not resolve the disagreement or conflict, then the Chief of Police or their designee, BHRS Clinical Services Manager, and BHRS’ Deputy Director of Adult and Older Adult Services shall meet and confer and attempt to resolve the matter. Finally, in the event the disagreement or conflict remains, the BHRS Director (or designee) and the Chief shall meet and confer. BHRS will obtain the participation of StarVista in the resolution process, as BHRS determines is appropriate.

If the disagreement or conflict pertains to the performance of the assigned StarVista clinician, the disagreement or conflict will be referred initially and in writing to the assigned StarVista Program Manager/Assistant Director and the BHRS Clinical Services Manager. In the event consultation at that level does not resolve the disagreement or conflict, above-noted meet-and-confer steps shall be followed. Finally, in the event the disagreement or conflict remains, StarVista shall remove the assigned mental health clinician and exercise reasonable diligence to identify and provide a qualified replacement. These

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Attachment: Attachment A: Agreement Between The City of Pacifica and County of San Mateo (5473 : Resolution - Mental Health Clinician conflict resolution steps will be clearly detailed in the BHRS-Star Vista Contract Agreement.

7.3 Staffing and Supervision
The CWCRT expansion under this Agreement will consist of one full time mental health clinician who must be licensed or license-eligible to provide mental health services by appropriate State of California licensing authorities.

Under the BHRS Contract Agreement, StarVista will be responsible for hiring the mental health clinician and the hiring processes. The City will be entitled to assign one member to the StarVista hiring panel, if so prefer.

7.4 Records and Confidentiality
Records created by the StarVista clinician under the CWCRT program, shall be considered the County’s records, free from the control and direction of any other party to this Agreement. Such records will be subject to all federal, state, and local laws and regulations regarding the protection of client/patient privacy and confidentiality.

The Parties agree that the StarVista clinician must adhere to the privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). BHRS will train the StarVista clinician on federal, state, and local policies and procedures with respect to the confidentiality and use or disclosure of protected health information of clients as necessary and appropriate for the StarVista clinician to carry out their functions. BHRS will provide the StarVista clinician with the appropriate Health System policies and procedures, which are subject to change from time to time.

The County reserves the right to take appropriate action for violation of its policies, and such action may include the immediate termination of the contract work with StarVista or strong recommendation of the immediate termination of the specific StarVista clinician who violates Federal, State, or local law and policy.

BHRS shall maintain beneficiary medical and/or clinical records for a period of ten (10) years, except that the records of the persons under age eighteen (18) at the time of treatment shall be maintained: a) until one (1) year beyond the person's eighteenth (18th) birthday or b) for a period of ten (10) years beyond the date of discharge, whichever is later. This rule does not supersede professional standards (BHRS is allowed to maintain records for a longer period if required by other regulations or licenses).

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Attachment: Attachment A: Agreement Between The City of Pacifica and County of San Mateo (5473 : Resolution - Mental Health Clinician

8. Hold Harmless and Indemnification

8.1. It is agreed that the County shall defend, hold harmless, and indemnify the City and their officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this Agreement, and which result from the acts or omissions of the County and/or its officers, employees, agents, and servants.

8.2. The County shall defend, hold harmless, and indemnify the City from and against any and all claims for wages, salaries, benefits, taxes, and all other withholdings and charges payable to, or in respect to, the County's representatives for services provided under this Agreement.

8.3. It is agreed the City shall defend, save harmless, and indemnify the County and its employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which result from the acts or omissions of the City and/or its respective officers, employees, agents, and servants.

8.4. The duty of each party to defend, hold harmless, and indemnify the other as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

8.5. In the event of concurrent negligence (or intentional/reckless acts) of the City and/or its respective officers and employees, on the one hand, and the County and/or its officers, employees, agents, and servants, on the other hand, 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 fault.

9. Term and Termination

9.1 Term
The Agreement shall be effective immediately upon signature by each of the Parties pending contract completion between BHRS and StarVista and the hiring of the mental health clinician by StarVista. The term of the Agreement shall end in three fiscal years on June 30, 2026.

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Attachment: Attachment A: Agreement Between The City of Pacifica and County of San Mateo (5473 : Resolution - Mental Health Clinician

9.2 Amendment/Modification Process
All subsequent modifications or amendments to this Agreement shall be in writing and signed by each of the Parties hereto before they will be effective.

9.3 Termination
Subject to the Parties’ understanding as to the term of the Agreement, detailed in Section 9.1, each Party agrees to remain a party to this Agreement for the entire duration of the Agreement term, subject only to termination for cause.

Cause for termination of this Agreement will include only a material breach of this Agreement by another Party or impossibility of performance. Prior to termination for cause, the terminating party must give the other party 30 days written notice of the alleged material breach and notice of an opportunity to cure such breach during the notice period.

10. Funding/Financial Responsibilities

10.1 Personnel Cost Sharing
Unless amended by the Board of Supervisors and Pacifica City Council, the annual contributions of the City and the County to the CWCRT expansion expenses shall be as follows:

The City will cover fifty percent (50%) of the fully weighted salary and benefit costs of the StarVista mental health clinician, and the County will cover fifty percent (50%) of the fully weighted salary and benefit costs of the StarVista clinician. Total budgeted fully weighted salary and benefits for one full time mental health clinician by StarVista for FY 23-24 is $176,737.00.

BHRS shall pay to StarVista the costs of salary and benefits of the StarVista clinician, as invoices come due. The City shall reimburse the County for fifty percent (50%) of these salary and benefit costs of the clinician on a bi-annual basis, upon invoice by the County. BHRS Fiscal will invoice the City Fiscal directly every six months; reimbursement from the City is expected within twenty (20) business days. The City shall provide the contact information of its Fiscal to BHRS at the time of signing this Agreement.
• For FY 23-24, the maximum obligation of the City and the County jointly for personnel costs shall not exceed $176,737.
• For FY 24-25 and FY 25-26, the maximum obligation of the City and the County will be subject to a Cost-of-Living Adjustment (COLA).

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Attachment: Attachment A: Agreement Between The City of Pacifica and County of San Mateo (5473 : Resolution - Mental Health Clinician The Parties agree to meet at the beginning of the last quarter of FY 2025-26 to address the handling of termination of the CWCRT Program, and/or the continuance of the Program beyond the Agreement term.

All costs described in Sections 10.1 - 10.2 will be adjusted for FY 23-24, to account for the actual start date of the StarVista clinician.

10.2 Gardner Center Agreement
The County will be responsible for all costs associated with the Gardner Center Agreement. The City agrees to cooperate fully with the Gardner Center Evaluation process.

10.3 Operations Costs incurred by StarVista
The County will bear one hundred percent (100%) of the StarVista Operating Costs for this expansion to the City for the term of this Agreement.

10.4 Administration and Supplies Cost Allocation
The County will bear one hundred percent (100%) of the administrative costs associated with the StarVista contract. As noted in Section 5.2, the County will be responsible for 100% of personnel supplies, including cost of a County car, auto insurance, ongoing gasoline and maintenance, and County laptop with required licenses. The cost of supplies used in the offices of the Pacifica Police department will be the City’s financial responsibility.

11. Contact Information
The following is contact information of the persons responsible from each party/entity for the completion and maintenance of this Agreement:

11.1 Party A (County of San Mateo) Information
Name:

Address:

Contact number:

Email:

11.2 Party B (City of Pacifica) Information
Name:

Address:

Contact number:

Email:

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Attachment: Attachment A: Agreement Between The City of Pacifica and County of San Mateo (5473 : Resolution - Mental Health Clinician

11.3 Party C (BHRS) Information
Name:

Address:

Contact number:

Email:

Effective Date and Signatures:

This Agreement shall be effective upon the signature of all parties authorized officials. All Parties indicate agreement with this Agreement by their signatures.

Signatures and dates:
_______________________
Mike Callagy
County of San Mateo
_________________________________
Date
__________________
Jei Africa
BHRS
_________________________________
Date
__________________
Chief
City of Pacifica
_________________________________
Date

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Attachment: Attachment A: Agreement Between The City of Pacifica and County of San Mateo (5473 : Resolution - Mental Health Clinician

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
9/25/2023
1 SUBJECT:

Notice of Completion for the Calera Creek Water Recycling Plant Photovoltaic System Improvement Project – Phase 1
RECOMMENDED ACTION:

Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the Calera Creek Water Recycling Plant Photovoltaic System Improvement Project - Phase 1.

STAFF CONTACT:

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

The City of Pacifica commissioned the Calera Creek Water Recycling Plant (Plant) 350 kWp Solar Photovoltaic Project in late 2006. This project utilized a combination of fixed and tracking (panels that follow the sun) Sanyo solar panels, totaling 1,880 panels capable of generating 350 kilowatt power (kWp). In 2017, the inverter that powers the fixed solar panel array (528 panels in total) failed and became non-operational. The inverter, as is typical, had a 10-year warranty, and staff was unable to repair the inverter through the manufacturer (Panasonic). Since the manufacturer has proprietary rights to the inverter, no other company would repair it and it could not be replaced without redesigning the entire system. The tracking solar panel array continues to operate (some panels have been replaced over time due to age).

After working on the maintenance issue with Panasonic for the fixed solar panel array, on December 2019, while the solar panels still had another 11 years of warranty, Panasonic offered a cashed out option that the City accepted. Under the cash out option, Panasonic paid $93,000 and cashed out of all remaining warranty for the entire system. The City kept the working solar panels.

Solar photovoltaic technology has improved tremendously since the Solar Project was first 4 Packet Pg. 89
Pacifica City Council 2
September 25, 2023
commissioned in late 2006. During the Spring of 2020, staff developed the Calera Creek Water Recycling Plant Photovoltaic System Improvement Project - Phase 1 (Project) to remove the existing 528 fixed solar panels and replace these with new and more powerful solar panels while utilizing the existing structural framework, and to replace the existing inverter with new more common inverters while using existing conduits.

After going through the bidding process for the project, on September 14, 2020, the City Council approved the contract with Verdant Project Management, LLC DBA Verdant Energy Electric (Verdant) in the amount of $370,000 and project budget of $425,000. The COVID pandemic delayed the project significantly but on August 8, 2022, the Project reached substantial completion at a cost of $438,721.65 with three change orders issued totaling $69,090. These change orders included additional removal and replacement of 69 solar panels, and replacement of corroded 4x4 torque tubes with G-90 C-Purlins.

Staff was satisfied with the contractor’s performance, however, there was some roof damage caused by the Contractor. On February 28, 2023, Verdant agreed that they would not claim for release of their retention that was withheld by the City (in the amount of $21,936) and instead allow it to be used to fund the necessary roof repair. On July 10, 2023, the City Council approved a contract with Urban Waterproofing in the amount of $55,000 for the roof repair project of which $21,936.08 from the retention will be used towards the Verdant roof damage costs. The roof project is expected to be completed by the end of October 2023.

With the Notice of Completion for the Photovoltaic System Improvement Project - Phase 1, staff will focus work on the Photovoltaic System Improvement Project - Phase 2, which will repair and replace the remaining 1352 panels that are mostly attached to the tracking arrays. Phase 2 will also include replacing many of the existing inverters with new more common inverters and potentially replacing some of the existing conduits. Staff is in discussion with Peninsula Clean Energy to explore any potential money saving options and programs for this project and reviewing other options.

The City Manager is recommending the adoption of the attached resolution accepting completion of the Project and the filing of the Notice of Completion (Attachment 1) with the San Mateo County Recorder’s Office and use of the retention funds of $21,930.08 for the roof repair project.

ALTERNATIVE ACTION:

Council may choose not to adopt the resolution accepting completion of the Project, but as the work has been satisfactorily completed, the release of retention to fund the Calera Creek Water Recycling Plant Roof Improvements Project will be delayed.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval and accepting completion to file Notice of Completion for the Calera Creek Water Recycling Plant Photovoltaic System Improvement Project - Phase 1 is consistent with the following Council adopted Goals:
• Improve and steward City infrastructure, streets and facilities: This project will improve the wastewater treatment plant’s energy efficiency.

FISCAL IMPACT:

There is no fiscal impact associated with the filing of the Notice of Completion. The total project 4 Packet Pg. 90
Pacifica City Council 3
September 25, 2023
Source and Use of Funds table is shown below. The project balance will remain in Fund 34.

Total Project Source and Use of Funds
Fund 34 - Account Number 34.900000.52800.P035.000 $550,000 Total Source of Funds $550,000
Construction Cost and Change Order 1 ($438,721.65)
Total Use of Funds ($438,721.65)
Project End Balance $ 111,278.35
ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:

Notice Of Completion CCWRP Photovoltaic Phase 1 (PDF)
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Pacifica City Council 4
September 25, 2023
RESOLUTION NO.____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

ACCEPTING COMPLETION AND DIRECTING THE CITY MANAGER TO FILE

NOTICE OF COMPLETION FOR THE

CALERA CREEK WATER RECYCLING PLANT PHOTOVOLTAIC SYSTEM IMPROVEMENT PROJECT – PHASE 1
RESOLVED by the City Council of the City of Pacifica, California, that WHEREAS, the City Engineer of the said City has filed with the City Clerk of said City, his Certificate as to the completion of all of the work provided to be done under and pursuant to the contract between said City and Verdant Project Management, LLC DBA Verdant Energy Electric (Verdant), on September 15, 2020 for the Calera Creek Water Recycling Plant Photovoltaic System Improvement Project – Phase 1; and
WHEREAS, it appears to the satisfaction of this Council that said work under said contract has been fully completed as provided in said contract and the plans and specifications therein referred to; and
WHEREAS, on February 28, 2023, Verdant agreed that they will not claim for release the retention withheld in the amount of $21,936.08 and instead it will be used by City to fund the Calera Creek Water Recycling Plant roof repairs.

NOW, THEREFORE, it is ordered as follows:

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

2. That the City Manager is directed to file with the County Recorder of the County of San Mateo, the Notice of Completion thereof, pursuant to Section 3093 of the Civil Code of the State of California.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of September 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 4 Packet Pg. 92
RECORDING REQUESTED BY:

City of Pacifica – Official Business Required
To Be Recorded Under Government Code
Section 37393 And Entitled To Free
Recordation Under Government Code
Section 27383
WHEN RECORDED, MAIL TO:

Roland Yip
170 Santa Maria Avenue
Pacifica, CA 94044 THIS SPACE FOR RECORDER'S USE

NOTICE OF COMPLETION
Notice PURSUANT TO Civil Code Section 3093
NOTICE IS HEREBY GIVEN that the City of Pacifica, the undersigned, agent for the owners of the certain lots, pieces, and/or, parcel or parcels of land situated in San Mateo County, State of California, commonly referred to as The Calera Creek Water Recycling Plant.

That the City of Pacifica as owner of portions of said land and agent for the owner of the remaining portions of said land, did, on the 15th day of September, 2020, enter into a contract with the original consultant whose name is Verdant Project Management, LLC dba Verdant Energy Electric (Verdant). for the work done and / or materials furnished under the contract as follows The Calera Creek Water Recycling Plant Photovoltaic System Improvement Project – Phase 1 upon the lands above described.

On the 28th day of February 2023 the above-referenced contract or work of improvement, as a whole, was actually completed by Verdant.

The names and addresses and interests of all the owners of said properties are as follows:

City of Pacifica: 700 Coast Highway, Pacifica, CA 94044 DATED: __________________________ ______________________________________________ Roland Yip, Deputy Director of Public Works/City Engineer

VERIFICATION
I, the undersigned, Roland Yip, am the agent of the owner of the property described in the foregoing notice. I have read the foregoing notice and know the contents thereof, and the same of my own knowledge. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.

Executed on ___________ day of _____________________ 2023 at 151 Milagra Avenue, Pacifica, CA 94044

__________________________________________________________________________________________________ Roland Yip, Deputy Director of Public Works/City Engineer, City of Pacifica

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Attachment: Notice Of Completion CCWRP Photovoltaic Phase 1 (5389 : Resolution - Notice of Completion for the CCWRP Photovoltaic System

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
9/25/2023
1 SUBJECT:

Notice of Completion for the FY 2023-24 Concrete Improvement Project RECOMMENDED ACTION:

Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the FY 2023-24 Concrete Improvement Project; and Authorize the City Manager to release the retention funds to the contractor.

STAFF CONTACT:

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

On March 27, 2023, City Council Authorize the City Manager to Award and Execute a Construction Agreement and a Construction Management Agreement for the FY 2023-24 Concrete Improvement Project. The project installed 25 new ADA curb ramps, sidewalks and other miscellaneous related work. The project was funded by Measure W funds.

There were two construction change orders issued to the contractor Mercoza during the course of construction in the amount of $23,363.73. The change order was for sidewalk, asphalt concrete and subgrade work. With the change orders, the final contractor construction cost for the project is $226,643.23.

As the project is now complete and staff is satisfied with the contractor’s work on the project, it is appropriate to record the formal Notice of Completion with the San Mateo County Recorder's Office. This recorded document is the legal notice that the City considers the project complete and that we intend to pay the contractor for the full and complete contract price. This also puts all subcontractors and suppliers on notice that if they have any claims for payment from the contractor, they have 30 days to file claims for payment against the City. This provision of contract law protects subcontractors from contractors who may not pay them properly. It also protects the City from claims against us for any nonpayment on the part of the contractor. The City withheld 5% of the contract amount, $11,332.15, as retention to make sure that all subcontractors and suppliers have been paid. The City will release the retention if no claims are 5 Packet Pg. 94
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received.

The City Manager is recommending the adoption of the attached resolution accepting completion of the project and the filing of the Notice of Completion (Attachment 1) with the San Mateo County Recorder's Office.

ALTERNATIVE ACTION:

Council may choose not to adopt the resolution accepting completion of the project, but as the work has been satisfactorily completed, the contractor may file a claim against the City for nonpayment of retention, if there are no claims.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the Notice of Completion for the FY 2023-24 Concrete Improvement Project is consistent with the following Council adopted Goals:
• Maintaining a Safe Community: This project installed curb ramps, sidewalks and curb and gutters that will promote public health and safety.

FISCAL IMPACT:

There is no fiscal impact associated with the filing of the Notice of Completion. The total project Source and Use of Funds table is shown below. The project balance will remain in the Measure W/Fund 09 and fund a portion of the FY 2023-24 Pavement Resurfacing Project.

Total Project Source and Use of Funds
Measure W $543,000.00
Total Source of Funds $543,000.00
Construction Cost ($226,643.23)
Construction Management and Inspection Cost ($74,888.00) Total Use of Funds ($301,531.23)
Project End Balance $241,468.77
ORIGINATED BY:

Public Works
ATTACHMENT LIST:

FY 2023-24 Concrete and Curb Ramp Project Notice of Completion (PDF) 5 Packet Pg. 95
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September 25, 2023
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

ACCEPTING COMPLETION AND DIRECTING THE CITY MANAGER TO FILE

NOTICE OF COMPLETION FOR THE
FY 2023-24 CONCRETE IMPROVEMENT PROJECT
RESOLVED by the City Council of the City of Pacifica, California, that WHEREAS, the City Engineer of the said City has filed with the City Clerk of said City, his Certificate as to the completion of all the work provided to be done under and pursuant to the contract between said City and Mercoza, on March 27, 2023, and WHEREAS, it appears to the satisfaction of this Council that said work under said contract has been fully completed as provided in said contract and the plans and specifications therein referred to,
NOW, THEREFORE, it is ordered as follows:

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

2. That the City Manager is directed to file for record with the County Recorder of the County of San Mateo, Notice of Completion thereof, pursuant to Section 3093 of the Civil Code of the State of California. • • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of September 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 5 Packet Pg. 96

NOTICE OF COMPLETION

CITY OF PACIFICA
FOR THE FY 2023-24 CONCRETE IMPROVEMENT PROJECT
NOTICE IS HEREBY GIVEN, pursuant to Section 3093 of the Civil Code of the State of California, by Roland Yip, City Engineer of the City of Pacifica, California, that the contract awarded to Mercoza on March 27, 2023, has been completed in accordance with the plans and specifications for said work filed with the City Clerk, and approved by the City Council of said City.

That said work and improvements were actually completed on the 28th day of July 2023 and that acceptance of completion of said work was ordered by the City Council of said City, adopted on the 25th day of September 2023, and that the name of the surety on the contractor's bond for labor and materials on said project is Western Surety Company.

That said work consists, generally of concrete curb ramps, sidewalk, curb and gutter and other miscellaneous work.

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

City Engineer

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

Roland Yip, P.E.

City Engineer
Executed at Pacifica, California, on September 25, 2023.

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Attachment: FY 2023-24 Concrete and Curb Ramp Project Notice of Completion (5462 : Notice of Completion for the FY 2023-24 Concrete

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
9/25/2023
1 SUBJECT:

A Resolution Supporting the Manor Drive Overcrossing Project and Authorizing Submittal of an Application for Measure A and W Highway Program Funding RECOMMENDED ACTION:

Adopt the resolution entitled "A Resolution of the City Council of the City of Pacifica Supporting the Highway 1 / Manor Drive Overcrossing Improvement Project and Authorizing Submittal of an Application for Measure A and Measure W Highway Program Funding" that authorizes staff to submit the grant application for the Measure A and W Highway Program Funding of $3,600,000, authorizes the City Manager to execute any document/s required for the grant application, and commits the required $400,000 in matching funds for the project if the grant is approved.

STAFF CONTACT:

Bryan Bautista, Assistant Civil Engineer
[email protected]
(650) 738-3769
Roland Yip, Deputy Director of Public Works, City Engineer [email protected]
(650) 738-3771
Lisa Petersen, Director of Public Works
[email protected]
(650) 737-3767
BACKGROUND/DISCUSSION:

The Measure A Transportation Expenditure Plan and Measure W Congestion Relief Plan provide funding for a multitude of mobility programs in San Mateo County. The San Mateo County Transportation Authority (SMCTA) administers the proceeds of Measure A and Measure W sales tax revenue.

In July, 2023, SMCTA issued a Call for Projects for the Measure A and W Highway Program funds, and staff submitted the grant application for the Manor Overcrossing Improvement Project. SMCTA requires a governing board resolution supporting the application to be provided.

The Highway 1 / Manor Drive Overcrossing Improvement Project (“Project”) will alleviate peak hour traffic congestion and improve vehicular as well as bicycle and pedestrian safety at the Manor Overcrossing between Oceana Boulevard and Palmetto Avenue. The Project will widen the overcrossing structure, flare the curb returns and install traffic signals at the bordering intersections. The wider pavement will allow for increased lane widths to benefit larger vehicles, while the flared curb returns will ensure the safe right-turn movements of SamTrans buses and 6 Packet Pg. 98
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large trailer trucks, which currently end up encroaching onto the opposing lane. The installation of new traffic signals will replace the all-way stop control at the bordering intersections to better facilitate traffic flow. The new traffic signals will also compliment the other pedestrian and bicycle facility improvements like updated ADA ramps, bike lanes, and better-defined crosswalks. This project will also study a freeway on-ramp for northbound Highway 1 at Milagra Drive and Oceana Boulevard, utilizing an existing bus pull-out ramp that is no longer in use, to help reduce traffic volume at the overcrossing.

The Manor Drive Overcrossing and the study of an on-ramp for northbound Highway 1 at Milagra Drive affects Highway 1, a Caltrans facility, will be comprised of several phases, which are the Preliminary Planning Study (PPS), Project Initiation Document (PID), Project Approval & Environmental Document (PA&ED) and Right-of-Way Acquisition (if needed) phase; Plans, Specifications, and Estimates (PS&E) phase, and Construction phase.

The PPS was the first phase in advancing this project and was completed in June 2019, and the PID was the first formal phase in the project was completed in July 2023. AECOM is currently working on the PA&ED phase that will build upon the PPS, analyze the project in depth, and prepare the environmental documents for the Project. The next phase for the Project would be the PS&E that will advance the Project into the detailed design.

In February 2018, the SMCTA approved grant funding for the preparation of the Preliminary Planning Study (PPS) for the Project, in the amount of $610,000, with a required City match of $70,000. In July 2018, the City Council approved the Funding Agreement for the Project to allow for the reimbursement of the cost of the PPS from the SMCTA. In April 2022, the SMCTA then approved Measure A/W grant funding for the Project Initiation Document (PID) phase in the amount of $2,700,000 with a required city match of $300,000.

In Spring 2022, the City Council held another goal setting meeting to discuss its shared vision for the City and develop a set of goals, projects, and initiatives to be implemented in the following fiscal year. This is to better align the City’s financial resources, through the annual budget development process, with its plan of action for a particular period of time. On March 4, 2023 Council updated the adopted the FY2023-24City Council Priorities, which identified the Manor Overcrossing Improvement Project as one of the high priority projects and for staff to pursue funding. Staff submitted the grant application for Measure A and Measure W Highway Program funds to advance the Project into the PS&E phase in the amount of $4,000,000. The City will be required to provide a match of $400,000, which there are sufficient funds to cover the match from Fund 14 Manor Drive Improvement Fund.

ALTERNATIVE ACTION:

Council may choose not to adopt the resolution. However, not doing so will make the City ineligible to receive Measure A and W grant funds.

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

Adopting the resolution will make the funds available to progress the Manor Drive Overcrossing Improvement Project.

FISCAL IMPACT:

Adopting the resolution commits the City to provide the required matching funds of $400,000 if 6 Packet Pg. 99
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the grant is approved. The funds will be provided from Fund 14 Manor Drive Improvement Fund.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:
6 Packet Pg. 100
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September 25, 2023
RESOLUTION NO. ______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA SUPPORTING THE HIGHWAY 1 / MANOR DRIVE OVERCROSSING IMPROVEMENT PROJECT

AND AUTHORIZING SUBMITTAL OF AN APPLICATION FOR

MEASURE A AND MEASURE W HIGHWAY PROGRAM FUNDING
WHEREAS, Manor Drive Overcrossing does not meet current road, bicycle and pedestrian facility standard as well as structural and seismic standards, and WHEREAS, Manor Overcrossing Improvement component will widen the overcrossing structure, flare the curb returns and install traffic signals at the intersections and provide for safer bicycle and pedestrian facility and further study a freeway on-ramp for northbound Highway 1 at Milagra Drive and Oceana Boulevard, utilizing an existing bus pull-out ramp that is no longer in use, and
WHEREAS, it will cost $4,000,000 to implement the Plans, Specifications, and Estimates project scope, and
WHEREAS, the City of Pacifica wishes to sponsor the Plans, Specifications, and Estimates, and
WHEREAS, the City currently seeks $3,600,000 in funding for the Plans, Specifications, and Estimates, and
WHEREAS, on June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the San Mateo County Transportation Authority (TA) of a half-cent transactions and use tax in San Mateo County for 25 years, with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (Original Measure A); and WHEREAS, on November 2, 2004, the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the half-cent transactions and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan beginning January 1, 2009 (New Measure A); and
WHEREAS, on November 6, 2018, the voters of San Mateo County approved a ballot measure known as "Measure W," which increased the sales tax in San Mateo County by 1/2 percent, and tasked the TA with administering four of the five transportation program categories pursuant to the Congestion Relief Plan presented to the voters; and WHEREAS, the TA issued a Call for Projects for the Measure A and Measure W Highway Program funds on July 5, 2023, and
WHEREAS, the TA requires applicants for Measure A and/or Measure W funds to submit a resolution in support of the application, in this case for $3,600,000 in Measure A Highway Program funds for Plans, Specifications, and Estimates, and 6 Packet Pg. 101
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WHEREAS, the TA also requires applicants to submit a resolution committing to the completion of the proposed project scope, in this case Plans, Specifications, and Estimates, and WHEREAS, if the TA Board awards Measure A and/or Measure W Highway Program funds to the Plans, Specifications, and Estimates the TA will require that the City of Pacifica commence work on the Plans, Specifications, and Estimates within one year of TA Board action.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica,

1. Directs staff to submit an application for TA Measure A and Measure W Highway Program funds for $3,600,000 for the Plans, Specifications, and Estimates.

2. Authorizes the City Manager to execute a funding agreement with the San Mateo County Transportation Authority for the City of Pacifica to receive any Measure A and/or Measure W Highway Program funds awarded.

3. Commits $400,000 in City of Pacifica matching funds for the completion of Plans, Specifications, and Estimates, if awarded the requested TA Measure A and Measure W Highway Program funds.

4. Directs the City of Pacifica to commence work on Plans, Specifications, and Estimates within one year of receiving an award of Measure A and Measure W Highway Program Funds.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of September 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 6 Packet Pg. 102

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
9/25/2023
1 SUBJECT:

Resolution to Approve Consultant Service Agreement with Telstar Instruments for CCWRP SCADA and PLC Upgrade Project.

RECOMMENDED ACTION:

Adopt the Resolution entitled, "A Resolution of the City Council of the City of Pacifica Authorizing an Agreement for Consultant Services between the City of Pacifica and Telstar Instruments for CCWRP SCADA and PLC Upgrade Project to approve the following actions:

A. Authorize the City Manager to Award and Execute a Consultant Services Agreement with Telstar Instruments in an amount of $1,040,731.00; and B. Approve a total project budget of $1,150,000.00 which includes contingencies in an amount not to exceed $109,269.00 or ten and one-half percent (10.5%) of the Consultant Contract amount; and
C. Authorize staff to Execute Future Change Orders not to exceed the listed contingency amounts.

STAFF CONTACT:

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

The City Council approved the FY 2023-2028 Capital Improvement Program (CIP) in June of 2023. The CIP included the Calera Creek Water Recycling Plant SCADA and PLC Upgrade Project.

The Calera Creek Water Recycling Plant (CCWRP) is permitted to treat 4 million gallons of sewage per day (up to 20 MGD during storm events). CCWRP is one of the first fully automated plants in the San Francisco Bay Area utilizing the sequencing batch reactor innovations to 7 Packet Pg. 103
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combine the basins for aeration and clarification, and it is designed for nutrient removal and pioneered the use of ultraviolet disinfection for wastewater effluent in California. CCWRP is also one of the first wastewater treatment plants using ATAD technology (auto thermal thermophilic aerobic digesters) for the generation of Class A sludge in California. All these treatment capabilities are made possible by the Supervisory Control and Data Acquisition (SCADA) system which coveys real time data information back to CCWRP using the SCADA system.

The real time data, such as flow information, is used at CCWRP by the City’s operations and collection staff. This data is especially crucial during a storm event.

The current SCADA system and CCWRP’s main Programmable Logic Controllers (PLC) are becoming obsolete and are no longer supported by the manufacturer. Staff issued a Request for Proposals (RFP) on May 22, 2023 to solicit proposals from system integration services firms to assist the City with the replacement of the existing SCADA front-end systems for monitoring, control, historical database, and alarming, and the upgrade of the CCWRP’s PLC. The RFP was issued in accordance with the formal qualification-based process.

On July 14, 2023, three consultants bid the Project: Telstar Instruments (Telstar), Vertech and CID. The table below summarizes the fee and level of effort for each consultant.

Proposer Fee Level of Effort Estimated Date of Project
(Hours) Completion
Telstar Instruments $1,040,731 2,664 June 2024
Vertech $721,250 2,835 September 2024
CID $2,216,343.83 9,370.2 March 2026
As required by state Public Contracts Code, the RFP utilized a qualifications-based selection (QBS) approach to ensure the City selected the most qualified Consultant for this complex and critical Project. The QBS evaluation used the following criteria: 1) Project Understanding and Approach; 2) Project Team; and 3) System Integration/SCADA Project Experience.

Furthermore, level of effort (i.e., hours) was requested in the RFP response to help calibrate proposal information. Following the interviews and review of the proposals, Telstar Instruments was rated the most qualified consultant for the project.

The fees shown in the table above only became available to staff after a thorough review of all the proposals and completing the ranking of the bidders. As shown on the table above, Telstar’s fee is $319,481 more than the proposal of the lowest cost proposer, Vertech. Telstar’s fee is also 1,175,612.83 less than CID’s proposal. However, the selection process is not based on the lowest cost and must be qualification based. Telstar’s and Vertech’s level of effort are about the same, whereas CID’s is over three times as much. Because of the wide range of fees proposed and estimated time required, staff submitted a follow up question to all proposers requesting more information on certain line items, and specifically the estimated hours for the programming effort. Staff received the follow up answers and was satisfied with the level of effort and time proposed by Telstar for the programming effort. Another important factor was the Telstar proposal allowed for an estimated completion date of July 2024, which is earlier than that of the other two bidders. Since time is of the essence, expedited completion of the project is very important.

All required documentation was submitted along with the proposal. Therefore, the City Manager recommends the Council approve the Consultant Services Agreement with Telstar (Attachment in the amount of $1,040,731 and approve the budget authority in the amount of $1,150,000 which includes 10.5% contingency in the amount of $109,269 in connection to the CCWRP SCADA and PLC Upgrade Project.
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ALTERNATIVE ACTION:

The Council may choose not to approve the Consultant Service Agreement with Telstar Instruments Inc. for the CCWRP SCADA & PLC Upgrade Project. However, this will result in potential failures at the Plant. Staff does not recommend this alternative action.

RELATION TO CITY GOALS AND WORK PLAN:

Approval of the Construction Service Agreement with Telstar Instruments is consistent with the following Council adopted Goals:
• Improve and steward City infrastructure, streets and facilities: The Project will upgrade the City’s wastewater treatment plant’s SCADA system which will ensure proper treatment of wastewater and protect the environment.

FISCAL IMPACT:

The following is the source and use of funds for the project:

Total Project Source and Use of Funds
Fund 34 - Account No. 34.900000.52800.P008.000 $1,150,000.00 Total Source of Funds $1,150,000.00
Project Cost
Consultant Services ($1,040,731.00)
Consultant Services 10.5% Contingency ($109,269.00)
Total Use of Funds ($1,150,000.00)
Estimated Project End Balance $0
No additional budget authority is necessary as sufficient funds have been allocated in the Wastewater Enterprise Fund FY 2023-24 budget for this project.

ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:

Consultant Services Agreement CCWRP SCADA PLC Upgrade Project Telstar Rev. 2021v2 signed (PDF)
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RESOLUTION NO. _______

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

AGREEMENT TO CONSULTANT SERVICE AGREEMENT BETWEEN THE CITY OF

PACIFICA AND TELSTAR INSTRUMENTS FOR CALERA CREEK WATER RECYCLING

PLANT SCADA AND PLC UPGRADE PROJECT
WHEREAS, the City Council adopted the Capital Improvement Program 2023-2028 at the June 26, 2023 Council Meeting which included the Calera Creek Water Recycling Plant SCADA and PLC Upgrade (Project); and
WHEREAS, during the FY 2023-24 budget approval process, the City Council approved sufficient funding for Calera Creek Water Recycling Plant SCADA and PLC Upgrade Project (Fund 34); and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to execute an Agreement with Telstar Instruments in the amount of $1,040,731.00 for the Calera Creek Water Recycling Plant SCADA and PLC Upgrade Project; and approve budget authority in the amount of $1,150,000.00 which includes 10.5% contingency in the amount of $109,269.00; and authorize the City Manager to execute all documents related to the project.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of September, 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. 106
OAK #4823-2508-6159 v2
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AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this _25_ day of _September_, __2023_, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and ___Telstar Instruments _ 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 Supervisory Control and Data Acquisition (SCADA) and programmable logic controller (PLC) upgrade and programming services in connection with the Calera Creek Water Recycling Plant SCADA and PLC Upgrade Project; WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

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

ARTICLE 1 - SCOPE OF SERVICES

1.1. Scope of 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. The 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 $1,040,731.00 ("Cost Ceiling").

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY

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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 December 31, 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 Lisa Petersen, its Public Works Director, 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 Ben Herston as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

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

CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.

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

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

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

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

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

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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.

Furthermore, the requirements for coverage and limits shall be the greater of:

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(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 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: Tammy Misenhimer
Contract Administrator
4017 Vista Park Court
Sacramento, CA 95834
Phone: 916-646-1999
Email: [email protected]
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 sub7.a Packet Pg. 113 Attachment: Consultant Services Agreement CCWRP SCADA PLC Upgrade Project Telstar Rev. 2021v2 signed [Revision 1] (5461 : Resolution - 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 – TELSTAR INSTRUMENTS
By: Date:

Tammy Misenhimer
Attest
By:

Sarah Coffey, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
9/19/2023

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EXHIBIT A

SCOPE OF WORK

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Request for Proposals (RFP)
Calera Creek Water Recycling Plant
SCADA and PLC Upgrade Project
July 14, 2023
SR 30-41626
Proposal Submitted By

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3.2.1 B. Cover Letter and Executive Summary
July 14, 2023
City of Pacifica
700 Coast Highway
Pacifica, CA 94044
[email protected]
Attn: Louis Sun, P.E.

Subj: RFP for Calera Creek Water Recycling Plant SCADA & PLC Upgrade Project Ref: Telstar SR 30-41626
Dear Mr. Sun,
City of Pacifica (City) seeks system integration services to assist the City with the replacement of the existing SCADA front-end systems for monitoring, control, historical database, and alarming, and the upgrade of the Plant PLC, by implementing Inductive Automation Ignition SCDA and Allen Brandley Control Logix PLC.

Telstar Instruments (Telstar) has been in business for 43 years and has been involved with all aspects of SCADA, instrumentation, electrical distribution and control systems in wastewater and water industries for the entire 43 years we have been in business and have maintained consistent growth. The City can depend on Telstar to be here for at least the next 40 years. Telstar provides its employees with excellent pay and benefit packages and therefore, we experience very little staff turnover and can assure you the staff consistency needed for your project.

Telstar holds a CSIA Certification through the Control System Integrators Association.

CISA Certification is the gold-seal mark of a professionally managed control system integration business. Certification reassures clients that the control system integrator is an established, successful professional services firm that wants to develop a successful, long-term partnership with clients. Telstar is also ISNetWorld certified with a grade A standing.

Telstar is best qualified to perform this project for the following reasons:

1. We have superior experience in complex control systems working with all manufacturers of SCADA software. We will provide City with a substantial depth and variety of resources.

2. We are very familiar with your plant. We have provided a variety of services to the City over the past years.

3. The Telstar team is ready to start right away. We offer PLC and SCADA engineering experts. We have the bench strength to perform this work. We have and continue to support many similar projects, implementing ISA HMI-101 principles in water and wastewater treatment SCADA systems.

4. Financial Strength. Telstar is financially strong with over 40 years in business and consistent growth over the past 10 years. Telstar has a bonding capacity of over $40M and strong financial statements year after year.

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Our engineers, programmers and field staff have an average of 15 years of experience in SCADA design build, upgrades, and service contracts. Telstar provides this type of service throughout Northern California and the Bay Area including clients such as City of Watsonville, Roseville, Redwood City, San Jose Muni Water, cities of Vallejo, Fairfield, Vacaville, Visalia, Hanford, Tulare, Fairfield Suisun Sewer District, City of Winters and many more.

The individual to whom questions regarding this proposal and the person authorized to sign this proposal is:

Ben Herston, Managing Director, (916) 646-1999; [email protected].

Sincerely,
Benjamin R. Herston, P.E.

Managing Director
C: (916) 204-2747

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Company Background Information
Headquarters and
Remit-to Billing Address
Branch Office: 4017 Vista Park,
Court, Sacramento 95836
Telstar Instruments
1717 Solano Way Unit #34
Concord, CA 94520
Ph: (925) 671-2888; Fax: (925) 671-9507
www.telstarinc.com
Tax ID: 94-2785168
Established 1981
Company History
Telstar was formed in 1981 by Robert S. Marston, Jr.,
President and John Gardiner, Vice-President and they
remain as such today.

Business Entity Status C Corporation,
California Corporation No. C1099363
Contracting Licenses California C-10, C-7, A, & B License #422364 Telstar Areas of Specialization and
Expertise
SCADA design and implementation, service,
troubleshooting, maintenance, and integration; PLC/HMI
programming and troubleshooting; Engineering; Electrical design, installation, and maintenance; Instrumentation
support, calibrations, and service; Electrical installation and construction.

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SCADA & PLC Upgrade Project
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A. Project Overview
Telstar is very clear on the scope of work and has the necessary staffing to complete the upgrade within the specified schedule.

B. Project Team
Suresh Patil will act as the Project/Programming Manager for this Contract. Some of the programming team members will be James Harper, Paul Berson, Tak Koo, Ryan Bowman, Aleks Arslanov, Brett Stickler and Nick Fisher.

Telstar provides proposed key personnel in this section. Our proposed Project Manager is Suresh Patil, SCADA Manager/Design Engineer; Network Design Engineer is Paul Berson, Senior level QA/QA Project Manager is Tak Koo. We have used this team on many successful SCADA upgrade projects including a large Ignition SCADA upgrade project for the Alameda County Flood Control & Water Conservation District. These individuals all work very well together and are experts at these types of projects.

Suresh Patil will serve as our SCADA Design Engineer. With over 20 years of experience, Suresh provides the full range of SCADA integration services, including design, implementation, and service. He has performed work on both water/ wastewater projects. His programming competencies include:
• SCADA: Inductive Automation Ignition, Aveva Wonderware System Platform & Intouch, Rockwell FactoryTalk & PlantPAx, GE iFIX, ClearSCADA, Cimplicity. • SCADA Reporting and Alarming: Custom Reporting Software, XLReporter, DreamReports, Ignition, WIN911, TopView, ScadaPhone. • PLC Programming: Allen Bradley, Schneider-Modicon, Siemens, GE Fanuc, DirectLogic, SCADAPack, Automation Direct PLCs.
• RSLogix 5, 500, 5000, ProWorx32, Concept, Unity, Direct Soft, Telespace, Proficy ME, Indralogic 1.31, Codesys 2.2.
• SCADA radio and telemetry based, 975mhz and 450mhz FCC licensed, 900mhz spread spectrum, FSK, lease or modem data phone line.
• Operator Interface Terminals: Panel Builder 32, FactoryTalk ME, Vijeo Designer, Protool, C-more, Proficy ME.
• Industrial electrical systems: variable frequency drives, soft starters, motor control centers, automatic transfer switch systems, uninterruptable power supplies, and various instrumentation.

Paul Berson serves as our Network Design Engineer. Paul recently completed an expansion of the existing 900 MHz system for the City of Ceres (18 sites) where he surveyed all locations and determined requirements for new antenna masts, antennas, radios, and controls. For Alameda County Flood Control & Water Conservation District (23 sites), Paul replaced the entire communications network. He installed new 900 MHz tail end links, and 5 GHz backbone throughout the County. Paul prepared computer models of the system, field surveyed all locations and determined requirements for new antenna masts, antennas, radios, and networking. At the City of Fairfield (28 sites), Paul replaced their UHF radio network with new 200 MHz licensed network, including multiple repeater sites.

Tak Koo, is our QA/QC Project Manager. Tak oversees fabrication, testing and consistent quality of control panels for all projects. Tak Koo recently completed a large $8M SCADA System Upgrade Project for the Alameda County Flood Control & Water Conservation District. The project involves replacement of the proprietary HSQ hardware and software with Ignition software at 23 large storm water pump stations throughout the County, in

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Oakland, San Leandro, Hayward, Union City and Sunol. Upgrades include installation of Process Automation Controllers (PACs), SCADA servers, HMI workstations, portable computer workstations, network equipment, radio communications and other ancillary equipment. Tak Investigated and documented the facilities “asfound,” designed the new control systems, and specified the new level and gas detection instrumentation.

Telstar was solely responsible for the general contracting, electrical, and control systems engineering, all onsite demolition and construction, programming, testing, and commissioning efforts for the project. Outsourcing was limited to Computerized Maintenance Management Software (CMMS) and Asset Management Software (AMS), as specified by the owner.

Sr. Engineer James Harper recently completed a large SCADA and PLC design and upgrade project for El Dorado Irrigation District. James was responsible for QA/QC, panel building, electrical, mechanical, programming and site loop testing work on the project. James hosted several preliminary SCADA design review meetings and workshops for the development of a new Wonderware Archestra High Efficiency graphic SCADA system for the entire plant. He coordinated the replacement of 4 VFDs, 2 Utility water motors, plant power monitoring equipment, installation of new fiber communication ring, upgrade of 8 PLC panels, and site investigations to prepare the as-built drawings for the 17 PLC panels around the plant. This was a staged project as each PLC panel was upgraded one at a time in a fully operational Wastewater Treatment plant. Telstar functioned as the general contractor and performed all programming, electrical, and mechanical, site commissioning work.

Outsourcing on this project was limited to the fiber cable termination and testing.

Resumes: Telstar provides resumes for key proposed staff members who will manage and perform work for this contract at the end of this proposal.

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C. Project Understanding and Approach
Hitting the Ground Running
Telstar will bring momentum to this project, with design commencing upon NTP and initial field investigations starting immediately after the contract is signed.

Choosing the Right Team
This project is a great fit for Telstar and the City. We are confident in our ability to ensure the best value for the City. It is important to select the right team. No amount of management tools, reporting, or external influence will change the fundamental character of its team. Our team has performed many successful projects similar in scope and size to your SCADA Upgrade Project.

Telstar’s Business Model is About Execution
In contrast to others in our industry, Telstar’s business model is to price the work based on what is required, then systematically work to the Plan. This is part of Telstar’s culture, where instead of emphasizing competitive

SURESH PATIL
Project Manager

PAUL BERSON
Network
Communications
Engineer

TAK KOO
QA/QC
18 HMI/PLC/SCADA

PROGRAMMERS

JARED JOLLEY
Startup and Testing
Engineer
City of Pacifica

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strategy, Telstar emphasizes the technical aspects and good execution. This is just a different way of doing business, one which can be profitable by execution efficiencies.

We know that successful projects require solid planning, effective resource management, and good communication, as well as cost, schedule, and quality control. Essential to project planning is developing a clear, detailed scope of services upon which to base cost, schedule, and resources. Telstar will work effectively with the City on our detailed scope of work at the start of each task to assign optimal resources. Working with the City, Telstar’s Project Manager will clearly define the Scope of the Project. This typically requires a face-to-face meeting and quite often a job walk to fully understand the project’s scope and project duration.

Quality Assurance
On electrical and controls projects, quality control is generally the “make or break” factor for success. Quality control impacts all aspects of the project work, including schedule and budget. Our approach to quality control includes:
• Adherence to standards and conventions
• Testing and simulation of procured equipment prior to delivery • Review by City staff
• Comprehensive system field testing services
Telstar’s approach to quality starts with hiring, training, and retaining a well-qualified workforce with expertise in programming, electrical and controls design and construction. We manage workloads to ensure that supervisors have the time to oversee work quality, and electricians, engineers, programmers, and technicians have sufficient time to complete their work.

Depending on the scope required, the Project Manager will work with our UL508 panel shop to fabricate & test the necessary PLC and SCADA panels in accordance with the schedule. Prior to shipment to the job site, all MCCs and control panels are thoroughly tested and witnessed tested if desired by Valley Water.

The expectation we will have of City staff during site acceptance testing is merely in operating your equipment and reporting problems. We are here to support the maintenance and operations staff but will ensure the system is commissioned to meet City’s requirements. We anticipate having a great working relationship with your staff if awarded this contract. It is our hope that Telstar will have the opportunity to provide the excellent service and support we have provided to our clients throughout the years.

During the course of the project, regular scheduled progress meetings will be organized by the Project Manager and conducted to update the City, noting the project progress and any significant issues. The project will be completed on schedule utilizing a detailed testing and commissioning method which verifies all wire connections and all programming. Typically, Telstar provides training during this period and after commissioning.

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Packet Pg. 125 Attachment: Consultant Services Agreement CCWRP SCADA PLC Upgrade Project Telstar Rev. 2021v2 signed [Revision 1] (5461 : Resolution - City of Pacifica
RFP Calera Creek Water Recycling Plant
SCADA & PLC Upgrade Project
Page | 8
Certifications
Telstar holds the following certifications:
• Inductive Automation Gold Certified
• Authorized GE Digital Solution Provider
• Wonderware Registered System Integrator Partner
• Rockwell Automation Recognized System Integrator
• UL 508a Certification for Industrial Control Panels
• Professionally Licensed Engineering
• Licensed Electricians
Project Understanding
We understand this project will provide, construct, and program a new redundant server SCADA system with High Availability (HA) Virtual Machines and SQL Server to store data. This new SCADA system will utilize Inductive Automation’s Ignition software and licenses (provided by the City). Telstar will install, configure, and program all new graphic screens, tag databases, historical, security and alarming using the City’s programming standards. The new graphics screens will include all the PLCs in the system. (No additional PLC programming is needed)
We will provide and replace the PLC-5 hardware in the PCM-1, 3 & 4 PLC-5 control panels with new redundant Allen Bradley ControlLogix PLC hardware and ethernet remote IO in step-by-step phase manner. New hardware to utilize the PLC-5 to Control Logix conversion IO kits to minimize plant down time and wiring errors. The Main PLC program will be rewritten in the new Studionew00 software utilizing its function block and template programming capabilities.

All equipment to be assembled, programmed and FAT tested at our facility prior to delivery to site. The FAT will be witnessed by the City.

Telstar will develop a functional and loop test plan and switchover procedure. Plans will be submitted to the customer for review and approval. After which Telstar will install all the provided hardware and software into the existing system and complexly functional test the new SCADA system. Operations will be trained how to operate the new Ignition system. Telstar will provide all as-built documentation and programming to the City.

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Packet Pg. 126 Attachment: Consultant Services Agreement CCWRP SCADA PLC Upgrade Project Telstar Rev. 2021v2 signed [Revision 1] (5461 : Resolution - City of Pacifica
RFP Calera Creek Water Recycling Plant
SCADA & PLC Upgrade Project
Page | 9
Approach
The work will begin by performing an initial site visit, kickoff meeting and evaluation of existing SCADA and PLC systems. We will meet with City staff to define detailed project criteria and expectations. During this meeting there will be an introduction of team members, discussion of work scope and structure, review of RFP for any changes needed. We will visit the treatment plant facility and review each control panel and SCADA workstations that will be included in the upgrade. We will identify the locations for the new SCADA nodes and how the new system is to be implemented.

The project equipment and material lists; construction drawings for control panel and network work; and system migration sequence with minimal shutdown, and test procedures will be developed.

Summary of the major components include:

1. SCADA Server hardware:
• Qty 2 -Dell Power Edger 640 Servers with high availability VMware structure • Qty 4 - Dell Thin Clients with 24” Monitors
• Qty-2 Managed Network switch with redundancy
• Qty – 2 Dell EMC SmartUPS 2700W Rackmount
• Fortinet FortiSwitch – for remote access with security Forticare 24x7 – three years

2. List of recommended SCADA and OS software:

OS
VMware vSphere Enterprise Plus (V.8) with HA
• MS Windows Server Standard Edition 2019 for the system • MS SQL Standard License for the system
• MS RDP licenses for the system
• MS User Cal licenses for the system
• VMware support subscription for one year
SCADA (Provided by City)
• Ignition Custom Package 8.1 (Primary/Backup)
o OPC UA Server Module
o Core Drivers
o Alarm Notification Module
o Voice Notification - English Female (Katherine)
o Voice Notification Module
o Tag Historian
o SQL Bridge Module
o Reporting Module
o Perspective Module
o Symbol Factory

3. PLC Hardware:

Description New Part No. Old Part No. Qty
Redundant Main CPU Racks
Power Supply, 8 Amp 1756-PA72 1771- P4S 2
Chassis, 4 slot 1756-A4 1771-A1B 2
CPU, Control Logix 1756-L82E 1785-L80E 2
Redundancy Module 1756-RM2 1785-BCM 2

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Packet Pg. 127 Attachment: Consultant Services Agreement CCWRP SCADA PLC Upgrade Project Telstar Rev. 2021v2 signed [Revision 1] (5461 : Resolution - City of Pacifica
RFP Calera Creek Water Recycling Plant
SCADA & PLC Upgrade Project
Page | 10
Ethernet Adapter 1756-EN2TR - 2
Remote IO Racks
Chassis, 17 slot 1756-A17 1771-A4B 5
Power Supply, 16 Amp 1756-PA72 1771-P7 6
Ethernet Adapter 1756-EN2TR 1771-ASB 5
Digital Input Module, 16-Point 120VAC 1756-IA16 1771-IAD 21 Digital Output Module, 16-point 120VAC 1756-OA16 1771-OAD 9 Analog Input Module, 8 Channel Differential 1756-IF16 1771-IFE 12 Analog Output Module, 4 Chanel Differential 1756-OF8I 1771-OFE2 10 Empty Slot Filler 1756-N2 28
Telstar will develop an initial migration sequence plan, task list and testing plan after a comprehensive review of PLC and SCADA programs. These will be submitted to the City for review. A SCADA system development workshop will be scheduled to review them.

Summary of Project Work Scope, Sequence and Tasks:

1. SCADA Development workshops:
a. SCADA system hardware and software review.
b. Define control strategies and scope of PLC programming. c. Review of City Programming standards to define SCADA graphics details: navigation, color scheme, popups, PLC programming details, etc.
d. Sequence and plant requirements during switch over.
e. Start up and testing details and procedures.

2. Equipment submittals.
a. Prepare equipment submittals for review and approval by City. b. Procure all hardware equipment.

3. SCADA/PLC Programming work.
a. Existing PLC programs to be reprogrammed using function block programming in Studio 5000 software for PCM1, 3, 4, and 5 (PLC and RIO)
b. SCADA graphics, Historian, Tags, to be redeveloped in Inductive Automation’s Ignition SCADA software.
c. The existing alarm dialer (Win911) to be migrated to the alarm functions in Ignition. d. Telstar contacted Ignition Automation to clarify Wonderware Historian migration to Ignition Historian migration (Case No. 82897). Per Ignition expert Wonderware Historian retrieval in Ignition is not possible as Ignition data tables and index formatting is different than Wonderware. Telstar will perform P2v (physical to virtual) migration for the old Wonderware Historian data, so Operations can still retrieve old data in the form of trends and reports. e. Develop SCADA reports for flow totalizers, runtimes and plant analyzer tags for min/max values – up to 10 reports, 100 tags

4. Factory Acceptance Test:
a. Submit FAT test plan for review and approval.
b. Setup PLC equipment as it is to be installed in the field. c. Setup SCADA servers with all software installed and configured. d. Pretest SCADA system.
e. Conduct FAT test with City.
f. Obtain approval to ship equipment to be installed in the field.

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Packet Pg. 128 Attachment: Consultant Services Agreement CCWRP SCADA PLC Upgrade Project Telstar Rev. 2021v2 signed [Revision 1] (5461 : Resolution - City of Pacifica
RFP Calera Creek Water Recycling Plant
SCADA & PLC Upgrade Project
Page | 11

5. Construction tasks:
a. Update construction drawings and network diagrams from FAT. b. Update construction sequence per workshops and coordination. c. Coordinate sequence and work with City.
d. Install new SCADA and PLC equipment.
e. Functional test and commission each PLC as they are migrated to the new system. f. Train operators on new system.
g. Prepare as built documentation.

6. Cutover sequence:

Task 1. Setup New SCADA operation.

Install new servers in the communication cabinet CCM-1. Install Thin Clients operator work stations at their appropriate locations. These operator workstations will operate side by side with the existing Wonderware system so Operations can operate both systems as needed.

Task 2. Install new Control Logic CPU and establish network connections to SCADA.

In PCM-1 remove one of the existing redundant PLC-5 CPU racks and install one new redundant Control Logix CPU rack in its place. Connect new PLC and SCADA communications to the existing Ethernet network. This will give visibility to the new SCADA system for access to the existing ethernet and DH+ networks. The DH+ network access is achieved via the existing gateway in PCM-1. Prepare new SCADA for system operation.

Task 3. Migrate Plant PLCs to new SCADA.

Begin migrating the existing plant PLCs into the new SCADA system one PLC at a time.

Adding/adjusting the network communications as needed to provide all network IO for the appropriate process. Conduct SCADA testing as needed to verify proper operation of each before proceeding to the next.

Task 4. Migrate remote sites to the new SCADA.

Begin migrating the remote sites to the new SCADA. This will be done in the same fashion as the in plant PLCs in task 3.

Task 5. Migrate the Remote IO racks to the new SCADA.

Start with PCM-1 RIO 1 & 2 and migrate all the processes controlled by the IO racks to the new SCADA. The existing PLC will be controlling the remaining RIO racks to limit the down time.

After the initial racks are complete then RIO racks 3, 4 & 5 will follow.

Task 6. Install redundant Main PLC and test operation.

Remove the remaining Redundant CPU in PCM and install the second new redundant CPU.

Functional test the Redundancy operation.

Finishing tasks. Perform final testing, punch list, Operator Training, panel clean up, and update as built documentation.

7. Migration considerations and procedure:

Plant PLC-5 PLCs
a. Preparation and panel shutdown.
b. Installation of new PLC equipment.
c. Panel energization and IO Check verification on SCADA. d. Temporary programming to bridge necessary IO signals for process needs as panels are moved to the new system for existing and new systems.
e. Process startup and operation on new PLC.

Migration of Plant and Remote PLCs
a. Temporary programming to bridge necessary IO signals for process needs as panels are moved to the new system for existing and new systems.

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Packet Pg. 129 Attachment: Consultant Services Agreement CCWRP SCADA PLC Upgrade Project Telstar Rev. 2021v2 signed [Revision 1] (5461 : Resolution - City of Pacifica
RFP Calera Creek Water Recycling Plant
SCADA & PLC Upgrade Project
Page | 12
b. Comparison of current data on existing system to new system. c. Process startup and operation on new PLC.

Assumptions and Exceptions:

1. Overall project tasks included in the proposal.
a. PCM1, 3, 4 and 5 for SCADA screen migration and PLC 5 hardware replacement and documentation.
b. SCADA Migration of 11 plant PLCs and RIO (See PLC List) c. SCADA Migration of 5 remote radio PLCs.
d. Basic operator training on the use of the new Ignition system. Process training is not included.

2. City to install all network cabling to PLC panels and network cabinets.

3. No additional PLC programming for the migration of the 11 plant and 5 remote radio PLCs. (Modifications for data being messaged between PLCs for networking changes are included.)

4. All software licensing for Ignition or other SCADA software to be provided by the City. Telstar to provide all Server OS and VM software licenses.

5. City to provide all in-plant PLC system and remote site testing assistance if required.

PLC List
Panel Designation Description
PLC-5 Replacement List
PCM-1 PLC-1 Main Hot Standby PLC
PCM-1 PLC-1 RIO-1 & 2
PCM-3 PLC-1 RIO-3
PCM-4A PLC-1 RIO-4
PCM-5 PLC-1 RIO-5
Plant PLC List
PCM-2 PLC-1 Sharp Park panel
30-LCP-08 SBR Main Building Control Panel
30-MCP-01 SBR Control Panel
PCM-4B SBR RIO-1
40-MCP-01 Filter Control panel
40-LCP-XX Filter LCP
50-MCP-01 UV Control Panel
70-LCP-01 GBT LCP 1
70-LCP-02 GBT LCP 2
70-LCP-05 Centrifuge LCP 1
70-LCP-06 Centrifuge LCP 2
70-LCP-07 Centrifuge LCP 3
Remote PLC List
Sky Ridge
Anza
Brighton

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Packet Pg. 130 Attachment: Consultant Services Agreement CCWRP SCADA PLC Upgrade Project Telstar Rev. 2021v2 signed [Revision 1] (5461 : Resolution - ID Task Name Duration Start Finish Predecessors
1 Notice to Proceed 0 days Mon 8/14/23 Mon 8/14/23
2 Kickoff Meeting 1 day Mon 8/14/23 Mon 8/14/23 1
3 Preliminary Design 24 days Tue 8/15/23 Fri 9/15/23
4 Existing SCADA System Review 10 days Tue 8/15/23 Mon 8/28/23 2 5 30% Design Submittals and Construction Drawings 14 days Tue 8/15/23 Fri 9/1/23 2 6 Submittal Review 10 days Mon 9/4/23 Fri 9/15/23 5
7 SCADA Development Workshop 1 day Mon 9/11/23 Mon 9/11/23 6FS-5 days 8 Final Design 185 days Mon 9/18/23 Fri 5/31/24
9 Perform PLC and SCADA programming (30% level) 75 days Mon 9/18/23 Fri 12/29/23 6 10 Procure SCADA Servers and PLC Hardware 120 days Mon 9/18/23 Fri 3/1/24 6 11 60% Design Submittals and Construction Drawings 75 days Mon 9/18/23 Fri 12/29/23 6 12 Submittal Review 10 days Mon 1/1/24 Fri 1/12/24 11
13 SCADA Development Workshop 1 day Mon 1/8/24 Mon 1/8/24 12FS-5 days 14 Perform PLC and SCADA programming (60% level) 60 days Mon 1/15/24 Fri 4/5/24 12 15 90% Design Submittals and Construction Drawings 60 days Mon 1/15/24 Fri 4/5/24 12 16 Submittal Review 10 days Mon 4/8/24 Fri 4/19/24 15
17 SCADA Development Workshop 1 day Mon 4/15/24 Mon 4/15/24 16FS-5 days 18 Perform PLC and SCADA programming (90% level) 20 days Mon 4/22/24 Fri 5/17/24 16 19 100% Design Submittals and Construction Drawings 20 days Mon 4/22/24 Fri 5/17/24 16 20 Submittal Review 10 days Mon 5/20/24 Fri 5/31/24 19
21 Factory Acceptance Test Hardware and Programming 2 days Mon 5/20/24 Tue 5/21/24 18 22 Construction Phase 25 days Wed 5/22/24 Tue 6/25/24
23 PLC Hardware and installation 20 days Wed 5/22/24 Tue 6/18/24 21 24 SCADA, PLC & Alarm Programming Completion 20 days Wed 5/22/24 Tue 6/18/24 21 25 Training 2 days Wed 6/19/24 Thu 6/20/24 23,24
26 As-builts and final documents 5 days Wed 6/19/24 Tue 6/25/24 23,24 8/14
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul
Qtr 3, 2023 Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024 Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress