Pacifica City Council
February 12, 2024

CITY OF PACIFICA

CITY COUNCIL AGENDA
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Sue Vaterlaus
Mayor pro Tem Sue Beckmeyer
Councilmember Mary Bier
Councilmember Tygarjas Bigstyck
Councilmember Christine Boles
City Council Regular Meeting 1 February 12, 2024
February 12, 2024 (MONDAY)
www.cityofpacifica.org
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Alternative Ways to Observe and Participate in the Meeting:

The primary method for observing and participating in the meeting is in-person at the meeting location published in the meeting agenda. However, there are alternative ways to observe and participate:
• Join Zoom Webinar: https://pacifica-gov.zoom.us/j/81156158241 • Watch on TV on Comcast channel 26
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• Live Remote Public Comments (offered on a pilot basis):
• Join Zoom Webinar: https://pacifica-gov.zoom.us/j/81156158241 • OR Dial-in: 1-669-900-6833 | Webinar ID: 811 5615 8241 o Press * 9 to raise your hand to request to speak.
o Press * 6 to unmute when called upon to speak by the last 4-digits of your phone #. • When the Mayor announces the Agenda Item on which you would like to comment, raise your hand in Zoom. You will be called upon my screenname or last 4-digits of phone number if dialing in. Please mute any background sound and state your full name at the start of your comment.

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
• Include the submitter’s full name
Written public comments received by 12:00 p.m. on the meeting date will be provided in their entirety to the City Council and posted to the City’s website prior to the meeting but will not be read verbally at the meeting.

AT THE MEETING: Materials in writing provided at the meeting should provide seven (7) copies to provide for each Councilmember, City Clerk and City staff.

City Council Regular Meeting 2 February 12, 2024
7:00 PM OPEN SESSION
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.

Salute to the Flag led by Councilmember Bier

SPECIAL PRESENTATIONS
A. Proclamation - Pacifica Sports Hall of Fame Week & 2024 Inductees

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.

Public meetings are a limited public forum, meaning that there are rules for commenting at these meetings. Comments on consent agenda items must relate to that specific item.

If comments do not relate to a specific agenda item, then City will provide you with an initial warning to stay on topic. If the warning is not followed, the Mayor will direct the City Clerk to cut off the microphone.

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 Disbursements for 01/01/24 through 01/31/24.

PROPOSED ACTION: Receive and file the Monthly Check Register Report for the month of January 2024.

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the following: (1) January 8, 2024 Special and Regular Meeting of the City Council and (2) January 22, 2024 Special and Regular Meeting of the City Council.

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

PROPOSED ACTION: Accept report and make a determination that conditions of local City Council Regular Meeting 3 February 12, 2024
emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.

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

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

5. Continuation of Proclamation of Local Emergency related to December 28, 2023, High Tide/Large Wave Events
PROPOSED ACTION: Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist related to December 28, 2023 High Tide/Large Wave Events.

6. Resolution to Approve an Additional Operator III – Plant Operation position for Public Works Department
PROPOSED ACTION: Adopt a resolution approving to add a full time Permanent Operator III - Plant Operation position to the position control in Public Works Wastewater Division, at an estimated annual cost of approximately $192,000.

7. Resolution Authorizing Master Consulting Service Agreement, Task Order No. 1 and 2 with S. R. Rose Engineering Inc., Inc. for the On-Call Project Management and Development Review Staff Augmentation Services Project
PROPOSED ACTION: Move to Adopt a Resolution Authorizing Master Consulting Service Agreement, Task Order No. 1 and Task Order No. 2 with S. R. Rose Engineering Inc., in the amount of $458,505 for the On-Call Project Management and Development Review Staff Augmentation Services Project; and Authorize the City Manager to execute all documents related to the project.

8. Resolution to Approve First Amendment to Communications Site Lease Agreement between the City of Pacifica and American Tower Company PROPOSED ACTION: Adopt a Resolution to Approve the First Amendment to the Communications Site Lease Agreement between the City of Pacifica and GTE Mobilnet of California LP d/b/a Verizon Wireless (American Tower Company) for Expanded Lease Space Area at Frontierland Park, 900 Yosemite Drive Site.

9. Resolution Approving the Lease Agreement between the City of Pacifica and Chit Chat Cafe LLC
PROPOSED ACTION: Move to Adopt the Resolution Approving the Lease Agreement between the City of Pacifica and Genevieve Davis, Branden Jenkins of Chit Chat Cafe LLC and Authorize the City Manager to Execute the Lease Agreement for the 2100 Beach Boulevard Location at the Pacifica Pier.

10. Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding with the County of San Mateo Supporting Pacifica Resource Center’s Edible Food Recovery Program
City Council Regular Meeting 4 February 12, 2024
PROPOSED ACTION: Adopt a Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding with the County of San Mateo Supporting Pacifica Resource Center’s Edible Food Recovery Program.

11. Resolution to Approve Purchase Agreement with DXP Enterprises Inc for Purchase of pumps for CCWRP Pump Replacement Project (P004)
PROPOSED ACTION: Adopt a Resolution that:

A. Authorizes the City Manager to award and execute a sole source Purchase Agreement for three KSB pumps with DXP Enterprises Inc. (Authorized distributer of KSB pumps); and
B. Approves a total project budget of $66,461.19; and
C. Authorizes the City Manager to execute all documents related to the purchase agreement.

12. Resolution to Approve a Construction Services Agreement with Armour Fence for Fairway Park Backstops Replacement Project
PROPOSED ACTION: Adopt a Resolution to Approve the Construction Services Agreement with Armour Fence for Fairway Park Backstops Project.

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
This portion of the Agenda is available for the public to address the City Council on any issue that is not on the Agenda. Any person wishing to address the Council shall be recognized by the Mayor during this time, provided, however, that only items not on the Agenda for that meeting may be addressed. Comments on non-agendized items must address matters within the subject matter jurisdiction of the City. If comments do not address matters within the subject matter jurisdiction of the City, the City will provide you with an initial warning to stay within the subject matter jurisdiction of the City. If the warning is not followed, the Mayor will direct the City Clerk to cut off the microphone.

Councilmembers shall not enter into debate with speakers under Public Comments on Items Not on the Posted Agenda. A maximum of three minutes will be allowed for any speaker.

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

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

City Council Regular Meeting 5 February 12, 2024
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 • 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 Laphonza Butler, SD-G10 Dirksen Senate Office Building, Washington DC 20510 (202) 224-3841 • President Joseph R. Biden, 1600 Pennsylvania Ave. NW, Washington DC 20500

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

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
2/12/2024
1 SUBJECT:

Approval of Disbursements for 01/01/24 through 01/31/24.

RECOMMENDED ACTION:

Receive and file the Monthly Check Register Report for the month of January 2024.

STAFF CONTACT:

Lucy Xie, Deputy Finance Director
(650) 738-7395
[email protected]
BACKGROUND/DISCUSSION:

Staff has submitted the following Monthly Check Register Report per California Government Code, Title 4, Division 3, Part 3, Chapter 3, Section 41004:
• Disbursements dated 1/1/24 through 1/31/24 are in the amount of $2,454,002.26. (Attachment 1).

FISCAL IMPACT:

There is no fiscal impact associated with acceptance of the Monthly Check Register Report.

ORIGINATED BY:

Finance Department
ATTACHMENT LIST:

Disbursements -FY 23-24 - 01-01 to 01-31-24 (PDF)
1 Packet Pg. 6
Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY FEB0524 14:38 Page: 1

CITY OF PACIFICA
FOR: 01/01/24 - 01/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 67844 1829.59 01/02/24 OUTSTANDING SYSTEM 05966 ACHIEVEIT ONLINE, LLC 1 67845 73.24 01/02/24 OUTSTANDING SYSTEM 00092 AD BRAKES 1 67846 118.00 01/02/24 OUTSTANDING SYSTEM 04066 ALERT PEST CONTROL COMPANY INC 1 67847 302.59 01/02/24 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 67848 629.94 01/02/24 OUTSTANDING SYSTEM 05556 AMERICAN DEBRIS BOX SERVICE INC. 1 67849 268.60 01/02/24 OUTSTANDING SYSTEM 03895 AMERICAN FIDELITY ADMINISTRATIVE SERVICE 1 67850 314.52 01/02/24 OUTSTANDING SYSTEM 01890 ARROWHEAD SCIENTIFIC, INC. 1 67851 1260.16 01/02/24 OUTSTANDING SYSTEM 03424 AUTO GLASS NOW 1 67852 5523.30 01/02/24 OUTSTANDING SYSTEM 03634 BAY POWER LLC GENERATOR SYSTEM DESIGN AN 1 67853 1265.00 01/02/24 OUTSTANDING SYSTEM 00323 BIG ED'S CRANE SERVICE, INC. 1 67854 200.00 01/02/24 OUTSTANDING SYSTEM 02118 BOOTZIN/ALEX 1 67855 13230.00 01/02/24 OUTSTANDING SYSTEM 05463 BRETT STOLLENWERK 1 67856 3322.50 01/02/24 OUTSTANDING SYSTEM 05658 BSK ASSOCIATES 1 67857 10850.32 01/02/24 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP 1 67858 205.00 01/02/24 OUTSTANDING SYSTEM 00011 C.W.E.A. 1 67859 4264.78 01/02/24 OUTSTANDING SYSTEM 00421 CALIFORNIA DIESEL & POWER 1 67860 128.00 01/02/24 OUTSTANDING SYSTEM 00014 CALIFORNIA STATE OF 1 67861 332.00 01/02/24 OUTSTANDING SYSTEM 01690 CALTEST ANALYTICAL LAB 1 67862 4084.25 01/02/24 OUTSTANDING SYSTEM 02655 CAROLLO 1 67863 77.19 01/02/24 OUTSTANDING SYSTEM 00471 CARPENTER RIGGING & SUPPLY 1 67864 2370.36 01/02/24 OUTSTANDING SYSTEM 00507 CHILDCARE CAREERS 1 67865 1853.11 01/02/24 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 67866 346.43 01/02/24 OUTSTANDING SYSTEM 03246 COAST COUNTIES PETERBILT & COAST COUNTIE 1 67867 1155.00 01/02/24 OUTSTANDING SYSTEM 05082 COLUMN, PBC 1 67868 330.00 01/02/24 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC. 1 67925 1030.04 01/05/24 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC.

Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY FEB0524 14:38 Page: 2

CITY OF PACIFICA
FOR: 01/01/24 - 01/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 67926 7818.98 01/05/24 OUTSTANDING SYSTEM 00217 ASSOCIATION OF BAY AREA GOVERNMENTS 1 67927 569.29 01/05/24 OUTSTANDING SYSTEM 00009 AT&T MOBILITY 1 67928 455.71 01/05/24 OUTSTANDING SYSTEM 00335 BLUE RIBBON SUPPLY COMPANY 1 67929 221.00 01/05/24 OUTSTANDING SYSTEM 00011 C.W.E.A. 1 67930 65.00 01/05/24 OUTSTANDING SYSTEM 00424 CALIFORNIA EMERGENCY SERVICES ASSOCIATIO 1 67931 6000.00 01/05/24 OUTSTANDING SYSTEM 05443 CALIFORNIA SEWER ENGINEERING, INC 1 67932 69152.75 01/05/24 OUTSTANDING SYSTEM 02655 CAROLLO 1 67933 4965.51 01/05/24 OUTSTANDING SYSTEM 00483 CDW GOVERNMENT, INC. 1 67934 22.50 01/05/24 OUTSTANDING SYSTEM 05969 CHAD LAWIE 1 67935 2876.48 01/05/24 OUTSTANDING SYSTEM 00507 CHILDCARE CAREERS 1 67936 442.56 01/05/24 OUTSTANDING SYSTEM 00510 CINTAS 1 67937 1249.42 01/05/24 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 67938 231.00 01/05/24 OUTSTANDING SYSTEM 05082 COLUMN, PBC

http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsEn... 2/5/2024

1.a
Packet Pg. 7
Attachment: Disbursements -FY 23-24 - 01-01 to 01-31-24 (5575 : Disbursements - Dated 1/1/24 through 1/31/24) 1 67939 660.75 01/05/24 OUTSTANDING SYSTEM 02168 COMCAST 1 67940 100.00 01/05/24 REISSUE SYSTEM 01/26/24 03295 COMMISSION ON TEACHER CREDENTIALING 1 67941 13398.78 01/05/24 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC. 1 67942 469.82 01/05/24 OUTSTANDING SYSTEM 03590 DASH MEDICAL GLOVES 1 67943 1400.00 01/05/24 OUTSTANDING SYSTEM 04321 DUBOCE JANITORIAL SERVICES 1 67944 15976.21 01/05/24 OUTSTANDING SYSTEM 01854 DYETT & BHATIA 1 67945 2706.25 01/05/24 OUTSTANDING SYSTEM 04716 EMD MILLIPORE CORPORATION 1 67946 1085.70 01/05/24 OUTSTANDING SYSTEM 00745 ENVIRONMENTAL EXPRESS, INC. 1 67947 1500.00 01/05/24 OUTSTANDING SYSTEM 03930 FREYER & LAURETA, INC. 1 67948 329.63 01/05/24 OUTSTANDING SYSTEM 02213 GARRATT CALLAHAN 1 67949 402.92 01/05/24 OUTSTANDING SYSTEM 00919 HERC RENTALS INC. 1 67950 1097.27 01/05/24 OUTSTANDING SYSTEM 00927 HINDERLITER, DE LLAMAS & ASSOC 1 67951 369.02 01/05/24 OUTSTANDING SYSTEM 04850 HOME DEPOT USA, INC.

Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY FEB0524 14:38 Page: 3

CITY OF PACIFICA
FOR: 01/01/24 - 01/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 67952 200.00 01/05/24 OUTSTANDING SYSTEM 00981 ICMA MEMBERSHIP RENEWALS 1 67953 1727.41 01/05/24 OUTSTANDING SYSTEM 02511 IDEXX LABORATORIES 1 67954 44.66 01/05/24 OUTSTANDING SYSTEM 02252 INTERSTATE ALL BATTERY CENTER 1 67955 101719.89 01/05/24 OUTSTANDING SYSTEM 02113 JM SQUARED ASSOCIATES, INC. 1 67956 6900.78 01/05/24 OUTSTANDING SYSTEM 05470 JMI SOURCING LLC 1 67957 144.43 01/05/24 OUTSTANDING SYSTEM 01018 JOHNSTONE SUPPLY 1 67958 248.91 01/05/24 OUTSTANDING SYSTEM 01027 K 119 OF CALIFORNIA 1 67959 88.63 01/05/24 OUTSTANDING SYSTEM 01812 KBA DOCUSYS 1 67960 1345.57 01/05/24 OUTSTANDING SYSTEM 03700 KIMBALL MIDWEST 1 67961 1446.90 01/05/24 OUTSTANDING SYSTEM 05535 KOSMONT & ASSOCIATES, INC. 1 67962 878.91 01/05/24 OUTSTANDING SYSTEM 04549 NAF SERVICES, INC. 1 67963 522.00 01/05/24 OUTSTANDING SYSTEM 05575 NATIONAL TELEPHONE MESSAGE COPR 1 67964 91.37 01/05/24 OUTSTANDING SYSTEM 01217 OFFICE DEPOT 1 67965 2036.48 01/05/24 OUTSTANDING SYSTEM 02027 OLIVER PACKAGING AND EQUIPMENT COMPANY 1 67966 383.48 01/05/24 OUTSTANDING SYSTEM 01243 PACIFIC MANOR HARDWARE, INC. 1 67967 41559.00 01/05/24 OUTSTANDING SYSTEM 01261 PACIFICA SCHOOL DISTRICT 1 67968 569.87 01/05/24 OUTSTANDING SYSTEM 04139 PET FOOD EXPRESS 1 67969 26534.81 01/05/24 OUTSTANDING SYSTEM 01309 POLYDYNE INC. 1 67970 3180.00 01/05/24 OUTSTANDING SYSTEM 04863 POWERDMS, INC. 1 67971 1588.57 01/05/24 OUTSTANDING SYSTEM 05931 PRINT COPY XPRESS 1 67972 663.86 01/05/24 OUTSTANDING SYSTEM 01336 QUILL CORPORATION 1 67973 7046.42 01/05/24 OUTSTANDING SYSTEM 04026 RANEY PLANNING AND MANAGEMENT, INC 1 67974 18978.00 01/05/24 OUTSTANDING SYSTEM 05774 RINCON CONSULTANTS INC 1 67975 398.00 01/05/24 OUTSTANDING SYSTEM 03950 RJMS CORPORATION 1 67976 78.08 01/05/24 OUTSTANDING SYSTEM 05197 SAN MATEO COUNTY MOSQUITO & VECTOR CONTR 1 67977 731.68 01/05/24 OUTSTANDING SYSTEM 03720 SAN MATEO DAILY JOURNAL Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY FEB0524 14:38 Page: 4

CITY OF PACIFICA
FOR: 01/01/24 - 01/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME

http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsEn... 2/5/2024

1.a
Packet Pg. 8
Attachment: Disbursements -FY 23-24 - 01-01 to 01-31-24 (5575 : Disbursements - Dated 1/1/24 through 1/31/24) 1 67978 135.40 01/05/24 OUTSTANDING SYSTEM 02182 SERVICE PRESS, INC. 1 67979 1159.00 01/05/24 OUTSTANDING SYSTEM 03064 SESAC 1 67980 1788.40 01/05/24 OUTSTANDING SYSTEM 06007 SIMONA BOEHM 1 67981 1000.00 01/05/24 OUTSTANDING SYSTEM 00364 SMCPCSA 1 67982 575.00 01/05/24 OUTSTANDING SYSTEM 06006 STEPHANIE TUCK 1 67983 1319.10 01/05/24 OUTSTANDING SYSTEM 00001 TRAN, HENRY 1 67984 9620.00 01/05/24 OUTSTANDING SYSTEM 05946 TYLER TECHNOLOGIES 1 67985 9521.27 01/05/24 OUTSTANDING SYSTEM 04670 U.S. TELEPACIFIC CORP. 1 67986 263.23 01/05/24 OUTSTANDING SYSTEM 01812 US BANK EQUIPMENT FINANCE 1 67987 2104.80 01/05/24 OUTSTANDING SYSTEM 01673 VWR INTERNATIONAL 1 67988 1370.60 01/05/24 OUTSTANDING SYSTEM 01701 WECO INDUSTRIES 1 67989 5359.94 01/05/24 OUTSTANDING SYSTEM 01729 WITMER-TYSON IMPORTS, INC. 1 67990 44.00 01/16/24 OUTSTANDING SYSTEM 03804 GODSOE, LIZ 1 67991 780.00 01/16/24 OUTSTANDING SYSTEM 03947 GRANICUS, INC. 1 67992 1336.79 01/16/24 OUTSTANDING SYSTEM 00892 HACH COMPANY 1 67993 3553.51 01/16/24 OUTSTANDING SYSTEM 04131 HDL SOFTWARE, LLC 1 67994 38.17 01/16/24 OUTSTANDING SYSTEM 01663 HERITAGE LANDSCAPE SUPPLY GROUP 1 67995 600.00 01/16/24 OUTSTANDING SYSTEM 00927 HINDERLITER, DE LLAMAS & ASSOC 1 67996 312.00 01/16/24 OUTSTANDING SYSTEM 04494 ISIDRO, ALLEN 1 67997 3000.00 01/16/24 OUTSTANDING SYSTEM 01005 JEFFERSON UNION HIGH SCH DIST 1 67998 196.50 01/16/24 OUTSTANDING SYSTEM 05532 JOAN ARTHUR 1 67999 804.40 01/16/24 OUTSTANDING SYSTEM 01014 JOHN THE SIGN GUY LLC 1 68000 43.93 01/16/24 OUTSTANDING SYSTEM 01027 K 119 OF CALIFORNIA 1 68001 95.00 01/16/24 OUTSTANDING SYSTEM 05333 KASEYA US LLC 1 68002 146.72 01/16/24 OUTSTANDING SYSTEM 00001 KELLY, MATT 1 68003 2438.75 01/16/24 OUTSTANDING SYSTEM 01044 KERMANI CONSULTING GROUP Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY FEB0524 14:38 Page: 5

CITY OF PACIFICA
FOR: 01/01/24 - 01/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 68004 4553.33 01/16/24 OUTSTANDING SYSTEM 03137 KOFFLER ELECTRICAL MECHANICAL 1 68005 635.38 01/16/24 OUTSTANDING SYSTEM 01055 KONE INC 1 68006 785.30 01/16/24 OUTSTANDING SYSTEM 06009 KYLE MARK GALLAGHER 1 68007 783.87 01/16/24 OUTSTANDING SYSTEM 00001 LA, EMILY 1 68008 142.29 01/16/24 OUTSTANDING SYSTEM 00002 MANGIBIN, VIMA (PETTY CASH) 1 68009 409.08 01/16/24 OUTSTANDING SYSTEM 00033 MATTHEW BENDER & CO., INC. 1 68010 285.00 01/16/24 OUTSTANDING SYSTEM 01165 MILLER & O'BRIEN 1 68011 2224.97 01/16/24 OUTSTANDING SYSTEM 02727 MOTOROLA SOLUTIONS, INC. 1 68012 799.00 01/16/24 OUTSTANDING SYSTEM 04549 NAF SERVICES, INC. 1 68013 352.00 01/16/24 OUTSTANDING SYSTEM 03801 NAPIER, NORA 1 68014 11733.13 01/16/24 OUTSTANDING SYSTEM 01206 NORTH COAST COUNTY WATER DIST. 1 68015 424.56 01/16/24 OUTSTANDING SYSTEM 01217 OFFICE DEPOT 1 68016 9568.00 01/16/24 OUTSTANDING SYSTEM 05958 ONE WATER LLC 1 68017 70.00 01/16/24 OUTSTANDING SYSTEM 03803 ORTEGA, SHIRLEY 1 68018 466.19 01/16/24 OUTSTANDING SYSTEM 01240 PACIFIC GAS & ELECTRIC CO. 1 68019 3600.00 01/16/24 OUTSTANDING SYSTEM 01240 PACIFIC GAS & ELECTRIC CO. 1 68020 104.00 01/16/24 OUTSTANDING SYSTEM 03802 PATINO, JOE

http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsEn... 2/5/2024

1.a
Packet Pg. 9
Attachment: Disbursements -FY 23-24 - 01-01 to 01-31-24 (5575 : Disbursements - Dated 1/1/24 through 1/31/24) 1 68021 74.00 01/16/24 OUTSTANDING SYSTEM 02539 PITTSINGER, R JANE 1 68022 635.01 01/16/24 OUTSTANDING SYSTEM 01616 PROFESSIONAL CONTRACTORS SUPPLIES 1 68023 511.58 01/16/24 OUTSTANDING SYSTEM 01336 QUILL CORPORATION 1 68024 90.39 01/16/24 OUTSTANDING SYSTEM 01795 ROSS, LAURIE 1 68025 590.00 01/16/24 OUTSTANDING SYSTEM 00055 SAN MATEO COUNTY FORENSIC LAB 1 68026 9870.00 01/16/24 OUTSTANDING SYSTEM 05124 SCAPES, INC. 1 68027 752.68 01/16/24 OUTSTANDING SYSTEM 05949 SCOTT BUSCHMAN 1 68028 201.66 01/16/24 OUTSTANDING SYSTEM 01498 SMART & FINAL 1 68029 80.00 01/16/24 OUTSTANDING SYSTEM 03856 SMCPCSA Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY FEB0524 14:38 Page: 6

CITY OF PACIFICA
FOR: 01/01/24 - 01/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 68030 336.82 01/16/24 OUTSTANDING SYSTEM 00001 SMITH, WILLIAM 1 68031 9695.00 01/16/24 OUTSTANDING SYSTEM 01531 ST. FRANCIS ELECTRIC, INC. 1 68032 125.00 01/16/24 OUTSTANDING SYSTEM 00044 STATE WATER RESOURCES CONTROL BOARD 1 68033 87.00 01/16/24 OUTSTANDING SYSTEM 05524 STEVEN MICHAEL EVANS JR 1 68034 41955.00 01/16/24 OUTSTANDING SYSTEM 02681 SUN RIDGE SYSTEMS, INC 1 68035 463.00 01/16/24 OUTSTANDING SYSTEM 00044 SWRCB
1 68036 4421.04 01/16/24 OUTSTANDING SYSTEM 01592 TERMINIX PROCESSING CENTER 1 68037 832.00 01/16/24 OUTSTANDING SYSTEM 01602 THOMSON WEST 1 68038 4950.65 01/16/24 OUTSTANDING SYSTEM 01077 TREE MANAGEMENT EXPERTS 1 68039 14301.00 01/16/24 OUTSTANDING SYSTEM 05936 TRIPEPI, SMITH & ASSOCIATES, INC. 1 68040 1611.85 01/16/24 OUTSTANDING SYSTEM 04418 U.S. BANK EQUIPMENT FINANCING, INC. 1 68041 3642.59 01/16/24 OUTSTANDING SYSTEM 01647 ULINE SHIPPING SUPPLY SPECIALISTS 1 68042 2492.66 01/16/24 OUTSTANDING SYSTEM 04576 UNIVAR SOLUTIONS USA INC 1 68043 1111.00 01/16/24 OUTSTANDING SYSTEM 02527 UNIVERSAL BUILDING SERVICES 1 68044 7648.57 01/16/24 OUTSTANDING SYSTEM 03835 US FOODS, INC 1 68045 3328.76 01/16/24 OUTSTANDING SYSTEM 04290 VEGA AMERICAS, INC. 1 68046 7389.46 01/16/24 OUTSTANDING SYSTEM 01684 VERIZON WIRELESS 1 68047 619.57 01/16/24 OUTSTANDING SYSTEM 01673 VWR INTERNATIONAL 1 68048 6000.00 01/16/24 OUTSTANDING SYSTEM 05885 WARWICK GROUP CONSULTANTS, LLC 1 68049 2956.76 01/16/24 OUTSTANDING SYSTEM 01717 WHITE CAP CONST. SUPPLY 1 68050 299.75 01/16/24 OUTSTANDING SYSTEM 02495 YSI INCORPORATED 1 68051 66.63 01/16/24 OUTSTANDING SYSTEM 00009 AT&T
1 68052 334.00 01/16/24 OUTSTANDING SYSTEM 05740 ABBY M. MARGOLIS 1 68053 531.36 01/16/24 OUTSTANDING SYSTEM 00094 ADAM-HILL COMPANY, THE 1 68054 737.62 01/16/24 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 68055 200.00 01/16/24 OUTSTANDING SYSTEM 04434 ANGEL AVINA Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY FEB0524 14:38 Page: 7

CITY OF PACIFICA
FOR: 01/01/24 - 01/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 68056 50.87 01/16/24 OUTSTANDING SYSTEM 00009 AT&T LONG DISTANCE 1 68057 1776.68 01/16/24 OUTSTANDING SYSTEM 00234 AUTOMATIONDIRECT.COM, INC. 1 68058 8414.00 01/16/24 OUTSTANDING SYSTEM 03634 BAY POWER LLC GENERATOR SYSTEM DESIGN AN

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Packet Pg. 10
Attachment: Disbursements -FY 23-24 - 01-01 to 01-31-24 (5575 : Disbursements - Dated 1/1/24 through 1/31/24) 1 68059 95.00 01/16/24 OUTSTANDING SYSTEM 05127 BLEYLE ELEVATOR, INC. 1 68060 472.30 01/16/24 OUTSTANDING SYSTEM 00335 BLUE RIBBON SUPPLY COMPANY 1 68061 218.77 01/16/24 OUTSTANDING SYSTEM 05901 BOB GRAF 1 68062 51.22 01/16/24 OUTSTANDING SYSTEM 00001 BRAUN, LUCIE 1 68063 155.91 01/16/24 OUTSTANDING SYSTEM 00002 BRAUN, LUCIE (PETTY CASH) 1 68064 4756.71 01/16/24 OUTSTANDING SYSTEM 04524 BRUECK, CYNTHIA 1 68065 221.00 01/16/24 OUTSTANDING SYSTEM 00011 C.W.E.A. 1 68066 385.00 01/16/24 OUTSTANDING SYSTEM 01690 CALTEST ANALYTICAL LAB 1 68067 764.50 01/16/24 OUTSTANDING SYSTEM 02655 CAROLLO 1 68068 3908.01 01/16/24 OUTSTANDING SYSTEM 00507 CHILDCARE CAREERS 1 68069 1263.90 01/16/24 OUTSTANDING SYSTEM 00510 CINTAS 1 68070 2990.14 01/16/24 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 68071 900.00 01/16/24 OUTSTANDING SYSTEM 05552 CIVICPLUS, LLC 1 68072 252.00 01/16/24 OUTSTANDING SYSTEM 05296 CLAIRE BREES 1 68073 180.00 01/16/24 OUTSTANDING SYSTEM 00019 COLMA FIREMAN'S SOCIAL CLUB 1 68074 1586.98 01/16/24 OUTSTANDING SYSTEM 00001 COLMENARES, ADRIAN 1 68075 649.13 01/16/24 OUTSTANDING SYSTEM 02168 COMCAST 1 68076 25752.53 01/16/24 OUTSTANDING SYSTEM 00595 COTTON, SHIRES & ASSOCIATES, INC. 1 68077 3540.00 01/16/24 OUTSTANDING SYSTEM 05341 CREATIVE DIGITAL AGENCY INC. 1 68078 44060.09 01/16/24 OUTSTANDING SYSTEM 03121 D.W. NICHOLSON CORPORTATION 1 68079 442.98 01/16/24 OUTSTANDING SYSTEM 00025 DALY CITY/CITY OF 1 68080 9755.00 01/16/24 OUTSTANDING SYSTEM 00645 DAVEY TREE EXPERT COMPANY 1 68081 225.00 01/16/24 OUTSTANDING SYSTEM 05754 DAVID CRIMMEN Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY FEB0524 14:38 Page: 8

CITY OF PACIFICA
FOR: 01/01/24 - 01/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 68082 600.00 01/16/24 OUTSTANDING SYSTEM 04046 DE VERA, ARTHUR 1 68083 709.46 01/16/24 OUTSTANDING SYSTEM 00002 DIETERLE, DANA (PETTY CASH) 1 68084 2000.00 01/16/24 OUTSTANDING SYSTEM 02201 DISCOUNT PLUMBING, INC. 1 68085 6480.09 01/16/24 OUTSTANDING SYSTEM 05965 EILEEN GOODWIN 1 68086 1666.06 01/16/24 OUTSTANDING SYSTEM 00001 ENCARNACION, HOWELL 1 68087 594.36 01/16/24 OUTSTANDING SYSTEM 00745 ENVIRONMENTAL EXPRESS, INC. 1 68088 2802.84 01/16/24 OUTSTANDING SYSTEM 06008 EPICENTER CYCLING PACIFICA, LLC 1 68089 5376.00 01/16/24 OUTSTANDING SYSTEM 03331 EWERS ENGINEERING 1 68090 63.00 01/16/24 OUTSTANDING SYSTEM 03047 FASTRAK INVOICE PROCESSING DEPT 1 68091 12.00 01/16/24 OUTSTANDING SYSTEM 03047 FASTRAK VIOLATION PROCESSING DEPARTMENT 1 68092 21.58 01/16/24 OUTSTANDING SYSTEM 00773 FEDEX
1 68093 2670.75 01/16/24 OUTSTANDING SYSTEM 02767 FLYERS ENERGY, LLC 1 68094 20400.00 01/25/24 OUTSTANDING SYSTEM 06014 SAN FRANCISCO RV RESORT 1 68095 100.00 01/26/24 OUTSTANDING SYSTEM 03295 COMMISSION ON TEACHER CREDENTIALING 1 68096 21.00 01/26/24 OUTSTANDING SYSTEM 03047 FASTRAK INVOICE PROCESSING DEPT 1 68097 12.00 01/26/24 OUTSTANDING SYSTEM 03047 FASTRAK VIOLATION PROCESSING DEPARTMENT 1 68098 6479.37 01/26/24 OUTSTANDING SYSTEM 02767 FLYERS ENERGY, LLC 1 68099 1067.67 01/26/24 OUTSTANDING SYSTEM 00872 GRAINGER 1 68100 84.84 01/26/24 OUTSTANDING SYSTEM 00913 HAYWARD RUBBER STAMP 1 68101 4216.92 01/26/24 OUTSTANDING SYSTEM 00927 HDL COREN & CONE

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Attachment: Disbursements -FY 23-24 - 01-01 to 01-31-24 (5575 : Disbursements - Dated 1/1/24 through 1/31/24) 1 68102 233.09 01/26/24 OUTSTANDING SYSTEM 00919 HERC RENTALS INC. 1 68103 1645.17 01/26/24 OUTSTANDING SYSTEM 04859 HOME DEPOT CREDIT SERVICES 1 68104 410.02 01/26/24 OUTSTANDING SYSTEM 04850 HOME DEPOT USA, INC. 1 68105 265.00 01/26/24 OUTSTANDING SYSTEM 00979 INTERNATIONAL ASSOCIATION OF CHIEFS OF P 1 68106 111.91 01/26/24 OUTSTANDING SYSTEM 02252 INTERSTATE ALL BATTERY CENTER 1 68107 3189.00 01/26/24 OUTSTANDING SYSTEM 00990 INTERSTATE TRAFFIC CONTROL PRODUCTS Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY FEB0524 14:38 Page: 9

CITY OF PACIFICA
FOR: 01/01/24 - 01/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 68108 53571.00 01/26/24 OUTSTANDING SYSTEM 01005 JEFFERSON UNION HIGH SCH DIST 1 68109 871.50 01/26/24 OUTSTANDING SYSTEM 05998 JK COMMERCE INC 1 68110 1179.00 01/26/24 OUTSTANDING SYSTEM 01014 JOHN THE SIGN GUY LLC 1 68111 110.63 01/26/24 OUTSTANDING SYSTEM 01812 KBA DOCUSYS 1 68112 1119.30 01/26/24 OUTSTANDING SYSTEM 05535 KOSMONT & ASSOCIATES, INC. 1 68113 14367.00 01/26/24 OUTSTANDING SYSTEM 00032 LEAGUE OF CALIFORNIA CITIES 1 68114 2565.35 01/26/24 OUTSTANDING SYSTEM 01090 LIFELOC TECHNOLGIES 1 68115 1596.00 01/26/24 OUTSTANDING SYSTEM 05582 LUHDORFF AND SCALMANINI CONSULTING ENGIN 1 68116 696.00 01/26/24 OUTSTANDING SYSTEM 00001 MARTINEZ, ROBERT 1 68117 15410.00 01/26/24 OUTSTANDING SYSTEM 03790 MAZE & ASSOCIATES 1 68118 1840.99 01/26/24 OUTSTANDING SYSTEM 05374 MORENO & ASSOCIATES, INC. 1 68119 1146.16 01/26/24 OUTSTANDING SYSTEM 01183 MUNICIPAL MAINTENANCE EQUIPMENT, INC. 1 68120 1518.11 01/26/24 OUTSTANDING SYSTEM 04549 NAF SERVICES, INC. 1 68121 260.00 01/26/24 OUTSTANDING SYSTEM 05823 NATASIA SCHIBINGER 1 68122 1848.00 01/26/24 OUTSTANDING SYSTEM 04974 NATIONAL FITNESS CAMPAIGN LP 1 68123 4592.00 01/26/24 OUTSTANDING SYSTEM 04632 NICHOLS CONSULTING ENGINEERS, CHTD 1 68124 2649.65 01/26/24 OUTSTANDING SYSTEM 02486 O'REILLY AUTO PARTS 1 68125 498.97 01/26/24 OUTSTANDING SYSTEM 01217 OFFICE DEPOT 1 68126 232.58 01/26/24 OUTSTANDING SYSTEM 01239 PACIFIC FIRE SAFE 1 68127 1200.00 01/26/24 OUTSTANDING SYSTEM 01240 PACIFIC GAS & ELECTRIC CO. 1 68128 320.17 01/26/24 OUTSTANDING SYSTEM 01243 PACIFIC MANOR HARDWARE, INC. 1 68129 1422.01 01/26/24 OUTSTANDING SYSTEM 04418 PACIFIC OFFICE AUTOMATION 1 68130 192.00 01/26/24 OUTSTANDING SYSTEM 00001 PAGAN, JUSTIN 1 68131 93987.39 01/26/24 OUTSTANDING SYSTEM 04349 PAN-PACIFIC SUPPLY COMPANY 1 68132 133.39 01/26/24 OUTSTANDING SYSTEM 00054 PAPE MACHINERY 1 68133 400.00 01/26/24 OUTSTANDING SYSTEM 01297 PARS
Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY FEB0524 14:38 Page: 10

CITY OF PACIFICA
FOR: 01/01/24 - 01/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 68134 119874.61 01/26/24 OUTSTANDING SYSTEM 05118 PAVEMENT COATINGS CO. 1 68135 550.00 01/26/24 OUTSTANDING SYSTEM 03370 PEERY & ASSOCIATES INCORPORATED 1 68136 2943.77 01/26/24 OUTSTANDING SYSTEM 00320 PLAN JPA 1 68137 26534.82 01/26/24 OUTSTANDING SYSTEM 01309 POLYDYNE INC. 1 68138 140.32 01/26/24 OUTSTANDING SYSTEM 01317 PREFERRED ALLIANCE, INC. 1 68139 685.64 01/26/24 OUTSTANDING SYSTEM 01336 QUILL CORPORATION 1 68140 4750.00 01/26/24 OUTSTANDING SYSTEM 03960 R.V. STICH CONSTRUCTION INC

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Attachment: Disbursements -FY 23-24 - 01-01 to 01-31-24 (5575 : Disbursements - Dated 1/1/24 through 1/31/24) 1 68141 2134.70 01/26/24 OUTSTANDING SYSTEM 00022 SAN MATEO COUNTY CONTROLLER 1 68142 78.08 01/26/24 OUTSTANDING SYSTEM 05197 SAN MATEO COUNTY MOSQUITO & VECTOR CONTR 1 68143 1008.00 01/26/24 OUTSTANDING SYSTEM 03720 SAN MATEO DAILY JOURNAL 1 68144 3773.22 01/26/24 OUTSTANDING SYSTEM 04860 SERRA YELLOW CAB 1 68145 300.00 01/26/24 OUTSTANDING SYSTEM 05677 SFO MEDICAL CLINIC 1 68146 696.00 01/26/24 OUTSTANDING SYSTEM 00001 SMITH, BRANDON 1 68147 117.41 01/26/24 OUTSTANDING SYSTEM 00002 SOLIS, ELIZABETH ( PETTY CASH ) 1 68148 9521.00 01/26/24 OUTSTANDING SYSTEM 01531 ST. FRANCIS ELECTRIC, INC. 1 68149 19335.62 01/26/24 OUTSTANDING SYSTEM 03026 STARVISTA 1 68150 16962.25 01/26/24 OUTSTANDING SYSTEM 01570 SYNAGRO WEST, LLC 1 68151 1770.50 01/26/24 OUTSTANDING SYSTEM 01587 TELECOMMUNICATIONS ENGINEERING ASSOCIATE 1 68152 28832.07 01/26/24 OUTSTANDING SYSTEM 05665 TELSTAR INSTRUMENTS 1 68153 150.00 01/26/24 OUTSTANDING SYSTEM 01615 TOM'S AUTO BODY & PAINT 1 68154 883.09 01/26/24 OUTSTANDING SYSTEM 01636 TURBO DATA SYSTEMS, INC. 1 68155 5328.00 01/26/24 OUTSTANDING SYSTEM 05946 TYLER TECHNOLOGIES 1 68156 407.04 01/26/24 OUTSTANDING SYSTEM 01647 ULINE SHIPPING SUPPLY SPECIALISTS 1 68157 284.13 01/26/24 OUTSTANDING SYSTEM 01812 US BANK EQUIPMENT FINANCE 1 68158 1435.52 01/26/24 OUTSTANDING SYSTEM 03835 US FOODS, INC 1 68159 137.30 01/26/24 OUTSTANDING SYSTEM 01673 VWR INTERNATIONAL Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY FEB0524 14:38 Page: 11

CITY OF PACIFICA
FOR: 01/01/24 - 01/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 68160 1100.00 01/26/24 OUTSTANDING SYSTEM 01729 WITMER-TYSON IMPORTS, INC. 1 68161 32.83 01/26/24 OUTSTANDING SYSTEM 00001 XIE, YANHONG 1 68162 1379.51 01/26/24 OUTSTANDING SYSTEM 02495 YSI INCORPORATED 1 68163 411657.67 01/29/24 OUTSTANDING SYSTEM 05495 W.E. LYONS CONSTRUCTION CO. 1 68164 8477.84 01/26/24 OUTSTANDING SYSTEM 00009 AT&T
1 68165 784.87 01/26/24 OUTSTANDING SYSTEM 03962 A & H DOOR AND ACCESS CONTROL 1 68166 107922.46 01/26/24 OUTSTANDING SYSTEM 04584 AECOM TECHNICAL SERVICES INC 1 68167 1486.20 01/26/24 OUTSTANDING SYSTEM 00001 AGUILAR, MARIA 1 68168 229.24 01/26/24 OUTSTANDING SYSTEM 00045 ALBERTSONS / SAFEWAY 1 68169 94.36 01/26/24 OUTSTANDING SYSTEM 00138 ALL INDUSTRIAL ELECTRIC SUPPLY, INC. 1 68170 236.28 01/26/24 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 68171 445.94 01/26/24 OUTSTANDING SYSTEM 05556 AMERICAN DEBRIS BOX SERVICE INC. 1 68172 451.17 01/26/24 OUTSTANDING SYSTEM 06010 ARI STRATAKIS 1 68173 279.00 01/26/24 OUTSTANDING SYSTEM 00265 BAAQMD 1 68174 383.43 01/26/24 OUTSTANDING SYSTEM 00293 BEARING AGENCIES INC 1 68175 2200.00 01/26/24 OUTSTANDING SYSTEM 05414 BEECHER ENGINEERING, INC. 1 68176 1168.05 01/26/24 OUTSTANDING SYSTEM 00001 BIANCULLI, RYAN 1 68177 1302.00 01/26/24 OUTSTANDING SYSTEM 04880 BLADES GROUP, LLC 1 68178 78543.92 01/26/24 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP 1 68179 130747.33 01/26/24 OUTSTANDING SYSTEM 00014 CAL TRANS 1 68180 32.00 01/26/24 OUTSTANDING SYSTEM 00014 CALIFORNIA STATE OF 1 68181 125.76 01/26/24 OUTSTANDING SYSTEM 00001 CALLANAN, FRANCES 1 68182 332.00 01/26/24 OUTSTANDING SYSTEM 01690 CALTEST ANALYTICAL LAB 1 68183 6300.00 01/26/24 OUTSTANDING SYSTEM 04817 CAMACHO'S CONCRETE FLATWORK

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Attachment: Disbursements -FY 23-24 - 01-01 to 01-31-24 (5575 : Disbursements - Dated 1/1/24 through 1/31/24) 1 68184 1428.97 01/26/24 OUTSTANDING SYSTEM 05895 CAPITAL ONE TRADE CREDIT 1 68185 112034.75 01/26/24 OUTSTANDING SYSTEM 02655 CAROLLO Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY FEB0524 14:38 Page: 12

CITY OF PACIFICA
FOR: 01/01/24 - 01/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 68186 193374.11 01/26/24 OUTSTANDING SYSTEM 03745 CASEY CONSTRUCTION, INC 1 68187 78.67 01/26/24 OUTSTANDING SYSTEM 00483 CDW GOVERNMENT, INC. 1 68188 2491.20 01/26/24 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 68189 2633.30 01/26/24 OUTSTANDING SYSTEM 00001 COLMENARES, ADRIAN 1 68190 313.50 01/26/24 OUTSTANDING SYSTEM 05082 COLUMN, PBC 1 68191 416.31 01/26/24 OUTSTANDING SYSTEM 04677 CORODATA RECORDS MANAGEMENT INC 1 68192 1568.22 01/26/24 OUTSTANDING SYSTEM 01204 CRESCO EQUIPMENT RENTALS 1 68193 81860.45 01/26/24 OUTSTANDING SYSTEM 03121 D.W. NICHOLSON CORPORTATION 1 68194 600.00 01/26/24 OUTSTANDING SYSTEM 04046 DE VERA, ARTHUR 1 68195 3000.00 01/26/24 OUTSTANDING SYSTEM 02201 DISCOUNT PLUMBING, INC. 1 68196 1400.00 01/26/24 OUTSTANDING SYSTEM 04274 EMCOR SERVICES 1 68197 13912.23 01/26/24 OUTSTANDING SYSTEM 03458 EOA INC 1 68198 77.24 01/26/24 OUTSTANDING SYSTEM 00758 EXPERIAN 1 68199 599.48 01/26/24 OUTSTANDING SYSTEM 06013 SCOTT COLISON 1 68200 34618.63 01/29/24 OUTSTANDING SYSTEM 04608 TRI COUNTIES BANK BANK: 1 TOTAL # OF CHECKS: 300 FOR A TOTAL AMOUNT OF: $2454002.26 TOTAL # OF REISSUED CHECKS: 1 FOR A TOTAL AMOUNT OF: $100.00 TOTAL # OF ACH CHECKS: 0 FOR A TOTAL AMOUNT OF:

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Attachment: Disbursements -FY 23-24 - 01-01 to 01-31-24 (5575 : Disbursements - Dated 1/1/24 through 1/31/24)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
2/12/2024
1 SUBJECT:

Approval of Minutes
RECOMMENDED ACTION:

Move to approve the minutes for the following: (1) January 8, 2024 Special and Regular Meeting of the City Council and (2) January 22, 2024 Special and Regular Meeting of the City Council.

STAFF CONTACT:

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

Move to approve the minutes for the following: (1) January 8, 2024 Special and Regular Meeting of the City Council (Attachment A) and (2) January 22, 2024 Special and Regular Meeting of the City Council (Attachment B).

FISCAL IMPACT:

Within budgeted operational expenses.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Minutes of 01-08-2024 Special and Regular Council Meeting (PDF) Attachment B: Minutes of 01-22-2024 Special and Regular Council Meeting (PDF) 2 Packet Pg. 15

CITY OF PACIFICA

CITY COUNCIL MINUTES
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Sue Vaterlaus
Mayor pro Tem Sue Beckmeyer
Councilmember Mary Bier
Councilmember Tygarjas Bigstyck
Councilmember Christine Boles
City Council Regular Meeting 1 January 08, 2024

SPECIAL AND REGULAR MEETING
January 08, 2024 (MONDAY)
www.cityofpacifica.org
Mayor Sue Vaterlaus called the meeting to order on January 8, 2024 at 6:30 PM 6:30 PM - CLOSED SESSION
Mayor Vaterlaus called the meeting to order at 6:30 p.m., stating that all councilmembers were present, and announced that the Council would meet in Closed Session.

A. Conference with Legal Counsel – Existing Litigation (§ 54956.9(d)(1)) . Name of Case:

Aronovsky, et al. v. City of Pacifica, Ignatian Corporation, et al. (San Mateo Superior Court Case Nos. 21CIV5904, 21CIV6031).
7:00 PM OPEN SESSION
Call to Order
Mayor Vaterlaus reconvened the meeting to order at 7:03 p.m.

Attendee Name Title Status Arrived
Sue Vaterlaus Mayor Present
Sue Beckmeyer Mayor pro Tem Present
Mary Bier Councilmember Present
Tygarjas Bigstyck Councilmember Present
Christine Boles Councilmember Present
Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Lisa Petersen, PW Director; Yulia Carter, Asst. City Manager; Maria Sarasua, Police Chief; Louis Sun, PW Dep. Director-Wastewater Div.; Roland Yip, PW Dep Director (Field Svcs/Engr); Daniel Patten, Wastewater Engineering Manager; Bob Palacio, PB&R Director; Tara Schiff, Economic Dev.

Manager; Stefanie Cervantes, Sr. Planner; Brianne Harkousha, Sr. Planner; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.

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Packet Pg. 16
Attachment: Attachment A: Minutes of 01-08-2024 Special and Regular Council Meeting (5568 : Approval of Minutes) City Council Regular Meeting 2 January 08, 2024
Reading of Land Acknowledgment
Mayor Vaterlaus read the Land Acknowledgment.

Salute to the Flag led by Mayor Vaterlaus
Closed Session Report
City Manager Woodhouse stated there was no reportable action.

CONSENT CALENDAR
Councilmember Boles pulled Item #5 from the Consent Calendar.

Mayor Vaterlaus asked if there was public comments and, seeing none, closed public comments.

Councilmember Boles referred to Item #2 on the minutes, stating that they received a comment letter from Kimberly Finale wishing to make a correction to the minutes. She clarified Ms. Finale said “to request that the city does not hire a consultant that can provide a biased assessment of the route they need to take” instead of "non-biased assessment." City Clerk Coffey stated, for clarification, that the minutes stated that Ms. Finale requested that they do not hire a consultant that can provide a non-biased assessment and to strike the "non" from "non-biased assessment" on packet p. 24.

Councilmember Boles responded affirmatively.

Mayor Vaterlaus asked if there were any further comments.

Councilmember Boles stated that, on packet page 31, the second sentence said she met with Marian Hinshaw from the PRC but it should read Anita Rees.

Councilmember Bigstyck moved to approve Consent Items 1 through 11, minus Item #5, with the amendments as stated to the minutes (Consent Item #2) by Councilmember Boles; seconded by Mayor pro Tem Beckmeyer.

CONSENT CALENDAR (ITEMS #1-4, 6-11) EXCLUDING ITEM #5
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles

1. Approval of Disbursements for 12/01/23 through 12/31/23.

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

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the following: (1) December 5, 2023 City Council Study Session and (2) December 11, 2023 City Council Regular Meeting.

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Packet Pg. 17
Attachment: Attachment A: Minutes of 01-08-2024 Special and Regular Council Meeting (5568 : Approval of Minutes) City Council Regular Meeting 3 January 08, 2024

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

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

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

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

5. 2022-2023 Mitigation Fee Act Development Fee Review
PROPOSED ACTION: Adopt a resolution entitled "A Resolution of the City Council of the City of Pacifica Approving 2022-2023 Annual and Five-Year Impact Fee Report for the Fiscal Year Ending June 30, 2023.”
Agenda Item #5 Discussion:

Councilmember Boles noticed one error in the development fees that she discussed with the City Manager and City Attorney previously and concluded that the Housing in Lieu fee was missing an amount of about $250,000 that is in that account and it shows a balance of 0. Her understanding was that they can approve it now but with a note that the item will be updated the next time they provide the development fee schedules as this has been posted and there is a deadline coming up soon.

City Attorney Kenyon stated, for clarity, that it was an administrative error, not substantive; thus, they can fix it administratively and will confirm it when the next report comes back for AB1600 next year.

Councilmember Boles highlighted that the amount was from Harmony One in lieu fees specifically for affordable housing. She wanted to be sure they are charging enough to keep up with the capacity of our infrastructure, Fire Department needs, etc. She wants to bring to Council’s attention as they may want to discuss it at goal setting as to whether to put on their agenda for next year. She then moved to approve Consent Item #5; seconded by Councilmember Bier.

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

6. Annual Part-Time Salary Schedule Update
PROPOSED ACTION: Move to adopt the resolution approving the annual parttime salary schedule update that went into effect January 1, 2024.

7. Amendment No. 1 to Agreement between the City of Pacifica and Serra Cab for Senior Transportation Services
PROPOSED ACTION: Move to adopt a Resolution approving Amendment No. 1 to the

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Packet Pg. 18
Attachment: Attachment A: Minutes of 01-08-2024 Special and Regular Council Meeting (5568 : Approval of Minutes) City Council Regular Meeting 4 January 08, 2024
Agreement between the City of Pacifica and Serra Yellow Cab to increase rates for the periods January 1, 2024 to June 30, 2024 and July 1, 2024 to June 30, 2025 for the Senior Transportation Services CaR Program such that the total fees for services under the Agreement shall remain unchanged at $85,0000.

8. Consultant Services Agreement for Housing Related Activities and Assignments Between the City of Pacifica and the Housing Endowment and Regional Trust (HEART) of San Mateo County.

PROPOSED ACTION: Move to adopt a Resolution approving a Consultant Services Agreement with the Housing Endowment and Regional Trust (“HEART”) of San Mateo County for housing related activities assignments and related services with a fixed monthly rate of $3,166.64 until June 30, 2026, for a total of 358 hours of consultants services each year for approximately 30 months and to authorize the City Manager to execute the Agreement.

9. Resolution Authorizing a Contract Extension with Creative Digital Agency for Continuing Marketing Services
PROPOSED ACTION: Move to adopt a Resolution approving a one year extension to consultant services agreement between the City and Creative Digital Agency (CDA) to continue providing marketing services and authorize City Manager to execute the necessary amendments not to exceed the budget authority of $75,000, with an option to extend for two additional years at City Manager's discretion.

10. Resolution - Approving Master Agreement For Consulting Services with Woodard & Curran for Rockaway Pump Station Hydraulic Modeling Project PROPOSED ACTION: Adopt a Resolution that:

A. Authorizes the City Manager to award and execute a Master Agreement For Consulting Services and Task Order No. 1 with Woodard & Curran, Inc. for sole source services and for providing engineering services for the Rockaway Pump Station Hydraulic Modeling Project; and
B. Appropriates $75,070.50 from Fund 34 Wastewater Sewer CIP fund balance to Sewer System Master Plan Project (C007); and
C. Approves a total project budget of $91,953 which includes 15% contingency in the amount of $11,994; and
D. Authorizes the City Manager to execute all documents related to the project and future task orders not to exceed the project budget amount.

11. Ratification of Proclamation of Local Emergency related to December 28, 2023, High Tide/Large Wave Events
PROPOSED ACTION: Adopt a Resolution ratifying the Proclamation of Local Emergency related to a December 28, 2023 High Tide/Large Wave Events by the City Manager acting as Director of Emergency Services issued on January 5, 2024.

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Bryan Reinero, Pacifica, stated that the California Coastal Commission heard a presentation by David Waxsmith, a Canadian researcher, regarding relationship between STRs and affordable housing in the LA area, and he shared data from his study.

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Doreen Cummins-Murphy, Pacifica, stated she was present to thank PB&R and Public Works staff and the city for the brand new playground structure at Driftwood Circle and shared her thoughts on the process.

Bonny O’Connor, Pacifica, stated she was also present to thank the city for the wonderful park of the Saltaire neighborhood. She shared her thoughts on the process as well. She also thanked the Planning Department for all the work they are doing with the Housing Element, LCLUP, etc.

Jeff Guillet, Pacifica, stated that, at the LCLUP roundtable meeting, December 5, staff gave incorrect information regarding roofing materials, and shared his thoughts on follow-up to the city with no response received as well as concerns regarding California Coastal Commission’s re-write of the city’s LCLUP.

Caitlin Quinn, Pacifica, thanked Council on their hard work, and echoed Bryan Reinero’s comment regarding the California Coastal Commission’s sea change on short term rentals, sharing her thoughts.

Cindy Abbott, Pacifica, referred to short term rentals, and shared her thoughts that we must move forward on this as an important element of our Housing Element.

Peter Garenani, Pacifica, stated he walks his dogs every night through Sharp Park and sees someone on every single block living in a vehicle and shared his thoughts on the homeless problem in the area and un-hosted STRs.

COUNCIL COMMUNICATIONS
Mayor Vaterlaus asked, with many people present, if they can make their comments shorter.

Mayor pro Tem Beckmeyer agreed with her, and she would like to keep their comments as brief as possible and, if they need time to share with each other, that they move it to the end of the meeting.

Mayor Vaterlaus stated she would like to bring that before Council to discuss having their communications permanently moved to the end of the meetings.

Councilmember Bier acknowledged the tragedy in her neighborhood in Vallemar where a young man was murdered and she thanked our first responders including Police Chief and also neighbors who came together to have a vigil and fundraiser.

Councilmember Boles was on vacation in Australia where she used to live 33 years ago and shared information on the town where she lived.

Councilmember Bigstyck attended a number of reorganizations and brought back some ideas from Burlingame that he can discuss later. He has worked with Peninsula Division of CalCities through the Legislative Action Committee. He attended the OneShoreline meeting. He stated Peninsula Clean Energy had their last meeting of 2023 and discussed the results of their decisions. He met with a constituent after the king tides. He stated that he will be hosting his last The Mayor’s Office and will be introducing Mayor Vaterlaus and turning the show over to her.

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Mayor pro Tem Beckmeyer asked the City Manager what the city was applying for with the grant funds to cities that are part of PCE.

Councilmember Bigstyck stated that $11.5 million that will be divided between the 20 agencies in the county in terms of the percentage of usage.

Mayor pro Tem Beckmeyer concluded that it is money they have not applied for yet.

Councilmember Bigstyck stated they need to apply but they need to follow certain steps.

Mayor pro Tem Beckmeyer attended the Coastal Commission meeting in Santa Cruz about the short-term rentals. She attended the Council of Cities dinner in Colma and had the opportunity for our first reignited Library Advisory Committee. She stated that there was an open house at Supervisor Mueller’s office which ended up being a celebration of funding for farm worker housing.

Councilmember Bigstyck also mentioned that the One-Day Homeless Count is coming up on January 26. If anyone is interested in volunteering for that day, which happens once every two years, that is how we get funding through the U.S. Department of Housing and Urban Development.

Mayor Vaterlaus stated she and Mayor pro Tem Beckmeyer had a good meeting with Jack Burgett from the Water District. They met with a group of constituents regarding the Local Coastal Plan Update. She attended the Colma Creek meeting. She filmed with former mayor Bigstyck. She and Mayor pro Tem Beckmeyer went to the beach on the day of the king tides and talked to many people about sea wall, city hall, etc. She also thanked our first responders, police, firemen, etc. who were involved in the tragedy in Vallemar.

STAFF COMMUNICATIONS
City Manager Woodhouse followed up regarding the high tide and large wave event: On the consent calendar was the ratification of a Declaration of Local Emergency related to that event as there was a great deal of damage done to the Beach Boulevard area, including a large breach in the sea wall which was repaired very quickly. He added Public Works to the list of first responders and late night work related to the storm damage. He stated that everyone has heard that the pier needs to be closed for three weeks for an expedited assessment on the damage that was caused to the pier, and it is appropriate to declare a local emergency when there is a lot of assessment, work, and repair to be done. He stated that one benefit is making it viable for state or federal funding should those declarations be made at those levels. He stated that there is a lot of clean up to do and they will be working tirelessly on moving sand and repair whatever is necessary in the area. He stated that it is a very difficult situation for first responders in an emergency situation when people come to the scene of the disaster when they are not supposed to be there and they have police trying to take care of real emergencies and having to encourage people to leave an area that is dangerous. He also gave a shout out to the Economic Development program; Economic Development Manager Tara Schiff and Management Analyst Alyssa Barranti have been visiting businesses in town and completed 88 visitations to small businesses and have gotten great response and brought information and resources to those businesses. He stated that program will continue in 2024 and they will look forward to coordinating some of the visits, including Councilmembers, to figure out how to strategize it. He stated that, as it is 2024, he will be serving as the chair of the San Mateo

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County City Managers Association and they have their kick off meeting on January 11. He thinks it will be a great year with a lot of interesting information and dialogue between city managers. He is also the chair of the Library JPA Operations Committee which is good timing related to our kick off of the Library Advisory Committee and library public outreach they will be doing.

Mayor Vaterlaus thanked Public Works for the amazing job they did during the storms.

PUBLIC HEARINGS - NONE.

CONSIDERATION

12. Introduction of an Ordinance Repealing and Replacing Article 2-“Animal Regulation:

Licensing, Vaccinations, Dangerous Animals, and Prohibited Conduct” of Chapter 1, “Animal Control” within Title 6, “Sanitation and Health” to clarify existing definitions, enact additional requirements for animal control and revise animal control service fees”; and finding introduction of Ordinance exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule Exemption)
PROPOSED ACTION: Move to waive the first reading and introduce by title only “An Ordinance of the City Council of the City of Pacifica Repealing and Replacing Article 2- “Animal Regulation: Licensing, Vaccinations, Dangerous Animals, and Prohibited Conduct” of Chapter 1, “Animal Control” within Title 6, “Sanitation and Health” to clarify existing definitions, enact additional requirements for animal control and revise animal control service fees”; and finding introduction of Ordinance exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule Exemption)
City Manager Woodhouse stated that Lori Morton-Feazell, Chief of Animal Control and Licensing in San Mateo County, was on Zoom and available to answer any questions. He then presented the staff report.

Councilmember Bigstyck referred to cats needing to be licensed once the law takes effect, and he asked if current unlicensed cats in Pacifica will be grandfathered in or, if not, what the process to license them would be.

City Manager Woodhouse stated the ordinance requires cats be licensed once the law takes effect, and he asked Chief Morton-Feazell to respond to a possible grace period.

Chief Morton-Feazell stated that, once the ordinance is passed, the licensing company will not apply a late fee for the first 60 days to get a license. There is no mechanism for a grandfathering clause.

Councilmember Bigstyck asked how the residents will know that they need to license their cat to not have a late fee.

Chief Morton-Feazell stated that, generally, when they take their cat for a rabies vaccine, the vaccination certificate is sent to her office; they will send them a notification and they will have a set period of time to register, usually a 30- to 60- day period. If there is a way to put it on the city’s website, she would recommend that.

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Councilmember Bigstyck asked if what triggers that grace period is when they are taken in for a rabies shot.

Chief Morton- Feazell responded affirmatively, stating that, when they get that slip, they alert the owner that they need to license their cat. She stated that they will not be doing any canvassing.

Councilmember Bigstyck stated, if he got his cat vaccinated last week and not for another year, a year from now when they go in, that triggers the alert for licensing.

Chief Morton-Feazell responded affirmatively. She added that another mechanism would be, if their cat were to bite someone and the Humane Society were to come out and quarantine their cat in their home, they would get a voidable license citation giving them a set amount of time to get a license.

Councilmember Bigstyck referred to packet page 211, 6-1.231, regarding the provision of the article “being in effect in the unincorporated areas of the county and are not applicable to any cities”. He thought that it should pertain specifically to the city rather than unincorporated areas.

Chief Morton-Feazell agreed that the county section could be removed or state Pacifica.

City Attorney Kenyon stated that she discussed that with Asst. City Attorney Denise Bazzano who worked on the ordinance. They agree that clarification makes sense and the language they are recommending, if Council is amendable, to insert the sentence, “The provisions of this article shall apply within the geographic boundaries of the city”. She understood that Chief Morton-Feazell would not object to that and is not a substantial deviation from the ordinance.

Councilmember Bier asked if they can explain to her why cats are included.

Chief Morton-Feazell stated there are several reasons. First is rabies: Bats are the highest carrier of rabies and cats are more likely to catch bats than dogs, and they want to make sure that more cats are vaccinated for rabies. The other reason is revenue. She is a Pacifica resident and has three dogs and she thought it should be the same for cat owners that are domestic. If their cats are feral and live outside or they have a cat colony, that does not pertain to those cats, but it does if you have a cat in your home. She stated that, at the end of the year, they look at the total that Pacifica owes for animal control and they subtract the number of licenses sold within the city. Therefore, it is a benefit for the cities to also have cat licenses.

Cat licenses per year, if they are altered, are $9.

Councilmember Boles stated that the staff report says the Supervisors are reviewing and hearing this tomorrow, and she wondered how that works with what they are approving at this meeting.

Chief Morton-Feazell stated they have already passed the ordinance and this is the second reading tomorrow and she does not anticipate any changes to the ordinance.

Councilmember Boles asked if this is the responsibility of everyone who owns a dog to pay the city but they are not given a bill. She asked, if there is a chance that people are not getting their shots but they are not getting notice that they are not paying. She asked if there is some other way that they are monitoring and enforcing the licensing.

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Chief Morton-Feazell stated that it would be through a rabies vaccine. If your animal is vaccinated, they get notification of that and you will receive a letter stating that you need to license your animal. She stated that the other way is through Animal Control if they contact you or go to your home for a complaint or a quarantine.

Councilmember Boles asked if they are enforcing it if they do not pay it.

Chief Morton-Feazell stated that they get a list and they know who has paid and who has not.

Their contractor has data, sends three notices to the owner, and then they get a list. One of the things that can happen is, with the new administrative citations, in the future, you could receive an administrative citation. She stated that they are not at that point now, but they are hoping in the ordinance where there is also a section for an amnesty month where all of the late fees are waived. Once a year, they will have that amnesty month which will be noticed to all of the residents in the county and they hope they increase the licensing that way.

Mayor Vaterlaus opened public comments and, seeing no one, closed public comments.

Councilmember Bigstyck thanked Asst. City Attorney Denise Bazzano as there was a team of five different city attorneys in the 20 jurisdictions and Denise Bazzano was one of them.

Councilmember Bigstyck moved to waive the first reading and introduce by title only “An Ordinance of the City Council of the City of Pacifica repealing and Replacing Article 2-”Animal.

Regulation: Licensing, Vaccinations, Dangerous Animals and Prohibited Conduct” of Chapter 1, “Animal Control: within Title 6, “Sanitation and Health” to clarify existing definitions, enact additional requirements for animal control and revise animal control service fees”; and finding introduction of Ordinance exempt from review under the California Environmental Quality Act *(CEQA) pursuant to Section 15061(b)(3) (General Rule Exemption) with the amended language to 6-1.231 entitled Scope as read by City Attorney; seconded by Councilmember Boles.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Christine Boles, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles

13. Update regarding the community engagement plan for the Local Coastal Land Use Plan (LCLUP) certification process.

PROPOSED ACTION: Consider and approve a revised community engagement plan for Pacifica’s efforts to obtain CCC certification of the LCLUP, and confirm reprioritization of Strategic Plan workplan items assigned to the Planning Department.

City Manager Woodhouse began the introduction to the report, and Sr. Planner Cervantes presented the staff report.

City Manager Woodhouse clarified that this discussion is about the public engagement process for the LCLUP, not substantive policy issues that that process is intended to address.

Councilmember Bigstyck had one question for staff regarding one hour for live Q&A.

City Manager Woodhouse stated that the recommendation is that they encourage the community to submit their questions in advance so staff can spend the time to analyze them

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and come up with good answers. He stated that a lot of these land use and policy applications and questions are very complex. They realize the public will have questions the day of the meeting. They anticipate there will be a lot of time needed in the morning session to talk about questions submitted in advance. They want to allow time in that morning session for questions then and it could be that some of those questions are very complex and staff won’t have the answer right away as it might require some research. He stated that it was a framework, stating that they are trying to work together to be transparent about the information, and submitting questions in advance will allow them to do the appropriate homework to make the meeting run efficiently. If they have questions the day of the meeting, they are free to ask them, but they cannot guarantee that they will have concise answers on all the questions.

Councilmember Bier wanted to be clear about the things they are discussing at this time. She has concerns about the content of what they will be talking about at that third meeting and then the format. She wanted to know if they will be able to ask questions about that and deliberate about that, such as what will be included in the second half of the day.

City Manager Woodhouse stated that the intent of this meeting and the packet that will be prepared over the next few weeks and released in advance of the meeting is to address all of the alternate modifications being considered, not just the special resiliency areas or substantial modifications policy. It is intended to lay it all out on the table, provide examples and case studies that address a host of things. The emphasis is on the major policy issues but the scope of the meeting is to talk about it all and have a draft letter that addresses all the Council can react to and discuss in the afternoon after the Q&A.

Councilmember Bier thought they need to hear from public comments.

Councilmember Boles stated one of her concerns is whether they are talking about the 125 green or white items also, as those affect the whole city except for possibly Rockaway and Sharp Park if they do these SRAs. She stated that it a huge conversation that the community has not had yet and she wants to be sure they have the opportunity at this meeting as well. She watched the December 5 meeting video and appreciated all the work that the city and planning staff have been doing on the SRAs. She referred to the City Manager stating specifically that the SRAs are essential to having a certified LCLUP that is acceptable to the city. What she is hearing from the public so far is whether we really are behind the idea of the SRAs at all. She stated that there are a lot of caveats to them. She wants to be sure they understand what is being requested of us in the 125 modifications and whether they can agree to them or not, where they have room to negotiate on them, as it impacts the whole rest of the city and, if they are going to the SRAs, explain clearly what the benefits of the SRAs and what are the additional policies or potential drawbacks to them. She wants to make sure they can talk about those 125 modifications. They may need some presentations that are more in depth than what they have heard from Planning before.

Mayor pro Tem Beckmeyer has a lot of questions about the timeline and thinks they need some leeway.

City Attorney Kenyon clarified that, when the City Manager says we should not be talking substantive policy issues, that is because they do not have all the staff to answer those type questions, not an issue from a legal perspective. Staff was telling them that, regarding real substantive policy discussions, they want the appropriate staff to fully respond to those questions for accurate answers.

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City Manager Woodhouse gave further clarification regarding some of the various issues that staff is working on following the December 3 meeting in preparation the February meeting, etc..

He stated staff are not prepared at this meeting to go into all the substantive policy discussions.

Councilmember Boles thought they were asking a lot of input for the meeting in February.

Mayor Vaterlaus opened public comments.

Scott McIntosh, Pacifica, shared his thoughts on the positive resolutions connected with past problems of the sea wall and golf course and suggested best decision going forward.

Tisa Yonts, Pacifica, shared her thoughts and concerns on this policy going forward.

Dan Yonts, Pacifica, thanked Council and staff for plans on this topic, and shared his concerns and thoughts on this policy forum going forward.

Clif Lawrence, Pacifica, shared his thoughts and concerns on the process of this policy and acknowledged that it was confusing.

Jeff Guillet, Pacifica, expressed his concerns referring to the timing for addressing the 125 items to read the issue plus explain it, as well as have a Q&A but suggested a more reasonable process with an online Q&A, and another option is an AMA (Ask Me Anything) that would work.

Larry Bothen, Pacifica, stated the description of a roundtable meeting didn’t sound like the one he attended, which he didn’t think was a positive one, and shared his concerns and thoughts on this issue going forward.

Cindy Abbott, Pacifica, stated that the only thing they are all united in is confusion, and she shared her concerns and thoughts on the best future process of this policy.

Mark Stechbart, Pacifica, shared his concerns and thoughts on the process of this policy going forward, possibly moving the meetings forward with a different process.

Frank Vella, Pacifica, referred to the importance of the sea wall, and shared his concerns and thoughts on the process with the Coastal Commission going forward.

Marie Sun, Pacifica, shared her concerns and thoughts on the Coastal Commission’s position on this issue.

Ed Ochi, Pacifica, shared his concerns and thoughts on the fast tracking process of this policy for deadlines he considered artificial.

Samuel Casillas, Pacifica, shared his concerns and thoughts on the city’s process regarding Coastal Commission’s stand on the Coastal Act that Californians approved.

Peter Loeb, Pacifica, stated he agreed with almost everything everyone said, and thanked staff for considering additional meetings and his concerns regarding the opposition to the SRA policy and their process of this issue going forward.

Marianne Osberg, Pacifica, stated she wanted to clarify that SAMCAR and realtors’ mission is to protect property rights and she shared her concerns regarding the data regarding sea level

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rise, etc., and the proposed policy.

Mayor Vaterlaus closed public comments.

Councilmember Bigstyck referred to several public comments that raised the idea of doing an Ask Me Anything online or an online forum for questions and processing answers and asked if staff had any response to that.

City Manager Woodhouse stated that he had not considered it before, but it sounds like a fulltime job for a very long time for staff to monitor that type of a forum but it is a possibility.

Sr. Planner Cervantes added that another reason they want to do this format on February 3 to ensure that Councilmembers are also participating, which is why the special meeting is the preferred format.

Councilmember Bigstyck agreed that Councilmembers are aware of their resources and how they juggle them in terms of what they must accomplish. He thought many citizens are unaware of the process up until now, and the staff report mentioned this started in 2009. He was aware of it in 2012 and in 2018 he was making the decisions. He referred to a gap that exists aside from the 15-year process which is a recurring theme which is COVID-19 preventing many from people to show up if they wanted to. He is hearing them expressing that the city should be sensitive to how they can help people maximize their awareness to bring this long process to completion in the best possible way for our entire community.

Councilmember Boles thought the questions and answers in writing is a good idea, acknowledging that they were going to ask questions ahead of time and staff would prepare responses to give at the meeting. She thought they could still type them so it is all public information; they do not necessarily have to repeat that same information at the meeting and they can go on to further clarifying questions to make better use of their time. She feels that they have been working on it for a long time and they are finally close but they need to do the work to get them over the finish line, as well as address climate change and our environment.

She thought putting the time they need to make sure everyone understands it was really important. She thought the deadline presented is not the Coastal Commission’s deadline but the city’s. They want to give them the input to give them several months and they can prepare for that meeting. If they miss that date, it could be later. She asked for clarification on how much time they have.

City Manager Woodhouse stated that the June timeline was not a statutory requirement but they know Coastal Commission staff are interested in moving this along to get to a decision on Pacifica’s LCLUP. He can only speak to the cascading effect on city staff, not Coastal Commission, and the LCLUP is one of the most important priorities for Council, but there is a robust work plan of many projects and initiatives that Council has directed him to implement and move forward in this timeline to bring to Council. He stated the Sharp Park Specific Plan does not happen until after the LCLUP is certified by the Coastal Commission. Redevelopment of West Sharp Park does not happen until the Sharp Park Specific Plan is certified as part of the LCLUP. Decisions about the Beach Boulevard Infrastructure Resiliency project will be supported by the certification of the LCLUP. He referred to redevelopment of 2212 Beach Boulevard Council Chambers and the long-term financial sustainability of the city is a major project and stated it does not move until we have the General Plan for the coastal zone certified by the Coastal Commission. He stated that they can take as long as they want until the Coastal Commission deadlines kick in, but as the process of the LCLUP is time consuming, the Planning

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Department and he will not get anything else done. He stated that is not delivering on what the Council has directed him to do with the Strategic Plan, such as revising the Short-Term Rental Ordinance, next phase of the Tree Ordinance, etc. He stated that any major initiative that he has been involved in while in Pacifica is a hard push to get it across the finish line and that is where they are with the LCLUP. He stated that it is Council’s prerogative to decide on the priorities and the timeline, which is part of this discussion; i.e., completely revamp, wipe off Strategic Plan priorities and focus on this over the next 6-9 months with more meetings. He wanted to be realistic on what staff resources are, what they can focus on and accomplish, and what is getting backlogged because of that.

Councilmember Bier thought it was apparent how important it is to take their time with this, as she has to understand all of it before she makes a decision and that her community understands as well. She stated, to do that, they have to take the time to go through and see the changes, see what the Coastal Commission wanted them to change, and see the full picture to understand why they asked for these changes. She feels there is a step missing for everyone to understand all of the content of the suggested changes by the Coastal Commission before they even start to address SRAs.

Councilmember Bigstyck stated the staff report lists a notion of an FAQ that goes out prior to the third meeting and he thought it at least partially addresses Councilmember Bier’s concerns. He needs to understand what they are working on (housing, trees, STRs, etc.), that may not be affected by the timing of meetings, but what the LCLUP specifically addresses that will be delayed in terms of larger planning efforts. At the third meeting, they will need a more detailed analysis about timelines with the current LCLUP versus an updated document to have a clear understanding of what planning efforts look like under an old document versus a new document.

He agrees about what we need to understand, as we need to be certain about a substantial structural modification with no lingering detail that we are uncertain about before they send commentary back to Coastal Commission. He referred to the comment about rejecting Coastal Commission recommendations, and he thought direction was given by Council and Coastal Commission’s response was different than the direction that it had previously been given by Council and they are trying to respond to what they were given. He returned to the staff report referencing “other potential alternatives” which applied to the green shaded modifications. He hoped to see, with the special resiliency areas, was what the other potential alternatives are and they can have that discussion about the entire menu and alleviate confusion on what kind of meeting structure we need. He hopes to start to understand from meeting No. 3 how much confusion is stirred up over what the other potential alternatives are which he is not currently aware of. He is aware that the special resiliency areas are one of those potential alternatives.

Once the entire menu of potential alternatives is in front of them, they will have a clearer sense of how deep this discussion needs to be with our community as well as each other. He is optimistic about a third meeting, and he thought the Terra Nova Theater might be the best venue. He is hesitant as he did not know if they can facilitate remote access through that venue. He wondered if they will need a fifth meeting, but he is not yet ready to discuss a fifth because he does not know yet what other potential alternatives are. He acknowledged that the third meeting will be a long day of hard work and they have to be committed to a full day of work to see what they get out of it to be workable in a fourth and fifth meeting in reference to the green modifications.

Mayor pro Tem Beckmeyer referred to them receiving a lot of emails, and she spent time meeting with a few people personally to hear their concerns prior to this meeting and after the December 5 meeting. She agreed with some speakers that they can all agree they are confused or not understanding what is before them and she does not have the confidence to

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explain it to anyone else. She hears a lot of conjecture and questions where SRAs come from, as part of it comes from statewide work in response to many coastal communities questioning the Coastal Commission treating them all the same. She pointed out that most of our businesses are in the coastal zone and is a driver for our economy, and people ask where the money will come from and who will pay for things. She stated that protecting our community and its fiduciary ability to function is our primary responsibility and we have to look at everything we do and ask what it looks like and how does it work. She stated that the SRA concept was the first pass but is never the perfect one at creating something like a neighborhood approach.

She gets the question of what the difference is if you’re in the SRA or not in the SRA. They need to get answers to that and a good deal of the scenarios mentioned by staff of producing to look at what it means. She was asked what she thought of the December 5 meeting, and she responded that she liked it a lot better than the July 2018 meeting at the Community Center.

She acknowledged that they did not walk away completely understanding everything, but they were civil with an opportunity for an exchange of ideas. She acknowledged that it was not the perfect format, and they are constrained by the facilities they have and earlier they heard a request about having hybrid ability. She referred to the problems mentioned earlier regarding the COVID-19 pandemic interrupting them, but they did figure out ways to do business that did not involve everyone showing up at a time and place certain meeting. She acknowledged that Pacifica is more hampered than San Mateo County in its ability to have a hybrid meeting with call-ins but they improved after the first challenging meeting. She thought that was a key aspect of meetings going forward and mentioned the additional option of using vendors. She liked a lot of the ideas brought forward and would like to use the best suggestions that we can do in Pacifica. She also wanted to spend time delving into the timeline aspect and acknowledged that many things have evolved and we have to look to the future and find the timeline, the comfort zone, and ability to predict. She felt that was different than the purview and vision and view of the Coastal Commission. They have the things they need to be responsible for, and we have the things we need to be responsible for. She heard and agreed with 100% that we worked hard to get our 2020 submission done. She stated that a suggestion was made by email this past week that we should consider having a facilitator and support from the Peninsula Conflict Resolution Center and she supports that idea, as they are trained in addressing conflicting viewpoints. She needs to understand the full menu of options and statutory deadlines available to Council as the idea to do this fast to meet the June deadline and move on and focus on other priorities, such as addressing the RHNA numbers and Housing Element. She felt they have to put all these things together and she did not think they can do it on a two-meeting timeline or even four-meeting timeline. She felt they need to have a combination of good ideas to give people a chance to submit questions, staff to respond, and everyone to see those responses.

Mayor Vaterlaus stated that, after the December 5 meeting, she had more questions than answers even after having been briefed. She had questions that no one may be able to answer, such as the SRA, insurance, lending, property values, what is going to happen, but they were important. She agreed that they will need more than the four meetings and with only an hour for question and answer seems too short to her. She thinks they need to have it in a location where the largest possible number of people can attend with the ability for everyone to participate via Zoom, phone, etc. She is now advocating for sending a postcard to every single person who owns any property or lives in Pacifica. She stated that it is very expensive and sometimes it works and sometimes it does not. This is one of the most important issues we have facing the entire town, it is the most important thing they have been doing for years.

Councilmember Bier referred to the AMA (Ask Me Anything) and thought it would be a good idea to have a start and finish to that, and maybe it can be on a postcard so people understand how much time they have to participate in the forum. She stated an important thing to her is to

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be able to understand the comparisons of the tracked modifications next to the original LCLUP to understand what is being changed and why. She stated that there are columns of information that needs to be shared for a full understanding. She suggested they contact PCRC to see if they can be available to help with that, as it is an unbiased agency that can come and help them. She referred to a commenter asking how much sea level rise is there, and she thought about needing updated data. She agreed that they will need an additional couple of meetings plus an online forum. She appreciated the Terra Nova Theater and they could check it out.

Councilmember Bigstyck thought it was the biggest venue he could think of in Pacifica and, regarding technology, he thought it was a good time to talk to Marty Anaya of PCT and ask them what they can or cannot do. He referred to postcards going to every resident and asked if it would be inclusive of every business owner.

Mayor Vaterlaus stated everyone.

Councilmember Boles agreed with all the comments, including the need for postcards and including businesses. She referred to Mayor pro Tem Beckmeyer working with the Coastal Cities working group and the new approach of SRAs. It is groundbreaking for the whole state as these policies have not been tried anywhere. This is our first draft and that may not be where it is going. She thought the first question was understanding the 125 comments. She feels like they have jumped ahead as they need to understand what they have, what they can work with, what they cannot, and then start to craft the policies and what we need. She is seeing a lot of resistance to those. She was concerned about asking staff to put so much time into providing all these examples now until we know that is the path we are interesting in going down. They may have more than one meeting and they start with the 125 modifications and understand where it is missing and go from there. She stated that we are tight on money and tight on staff time, but these are critical discussions and we are seeing the damage that has happened just in the last few weeks on Beach Boulevard and Rockaway. She felt these were pressing issues in Pacifica and they need to address them and find the path forward, spending the time educating ourselves as well as the community. She thinks the community is on board with wanting to understand and move this forward.

Mayor pro Tem Beckmeyer stated, even within what we already have received, we already have some questions that need to be resolved. There is a big question about roofs, and that alone could be a deal breaker. She said one point that was brought to her attention was what about disaster replacement: If you’re in the SRA and if you have a catastrophic loss, can you rebuild? If you are outside the SRA, can you rebuild? If you can, what are the constraints or requirements that are put on but wouldn’t have been under the 1980 LCLUP? She stated that we need to know that to be able to make an informed best decision on behalf of the community.

She stated that they have to take as much time as they need to figure them out.

City Manager Woodhouse stated he is hearing interest in potentially more than four meetings and he asked Council if they want to say potentially five dependent on how four go. He stated one of the variables is Coastal Commission staff and he will ask Sr. Planner Cervantes, as there is a timeline: Once their resubmitted LCLUP is accepted for completion, there is statutory timeline of possibly three months within which they have to act to give themselves a year extension, thus a 15-month period at most for Coastal Commission action. That was the deadline they faced in December. He asked if that was a correct summary.

Sr. Planner Cervantes responded affirmatively.

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City Manager Woodhouse stated that one aspect of the timeline is that the city can take more time to get to the point of submitting alternate modifications in a letter to Coastal staff. Until they get to that point and submit that letter, they do not know how Coastal staff is going to react to that which may trigger more meetings and more work or maybe they are on board and take it to Coastal Commission which acts and that triggers it coming back to Council. He stated that there is an element that is like turning in a draft to get feedback on it to know what the next step or revisions might need to be. He is hearing that they are suggesting is we delay the due date or extend out the due date for turning in that draft before we even have any feedback from Coastal staff about it. He reminded Council and the public that the only certain feedback from Coastal Commission staff is when they publish their recommendation to the Commission.

Feedback from staff conversation is not an official position and they do not know what staff is going to recommend until they get to that publishing of their recommendations. He stated those are important variables in how we strategize submittal milestones and the work to do. He reiterated that part of this discussion is that he needs Council’s authority to revise the Planning Department and City Manager’s department work plan to accommodate these extra meetings; some of the delays have already been mentioned, i.e., the Short-Term Rental Ordinance is not going to get worked on, the Heritage Tree Ordinance is not going to get worked on, the Outside Commercial Permit Ordinance revision is not going to get worked on, and Phase 2 of Housing Element Rezoning is going to get delayed. He stated one of the real priorities they have in parallel to the LCLUP work is the Housing Element and the Phase 1 Rezonings but implementation of the Housing Element and work on affordable housing projects, etc., are all coming out of a 4-person Planning Department and him in the city with our resources, and those are going to get delayed. He wanted to be very clear with Council about what the impacts on other strategic plan priorities are for Council. He will memorialize those in a report to Council about the impact of the work plan. As they start the mid-year budget process and the Strategic Plan update, they can talk about that. He stated that all of that is going to slow down in order to extend meetings on this in order to get to a point where they can submit the city’s best ideas to Coastal staff and see where it goes. He stated that he is hearing the idea of spending time on developing some sort of rolling online Q&A for a start and finish period of time. He also referenced Peninsula Conflict Resolution Center as that is one specific facilitation/mediation resource, but he would ask Council’s flexibility in selecting the mediator/facilitator they would need for the next meeting based on availability. He stated looking at a venue like Terra Nova Theater, there are vendors that do full blown portable Zoom hybrid meetings and his guess would be $20K to run a meeting for a vendor like that, based on what he has seen before. At this point, he does not think he needs to bring anything back to Council for that. He then thought postcards has staff time to develop it at around $5,000-$6,000 of postage to do the postcard citywide as they have done it for the LCLUP process and for BBIRP, and they can do that again. They will not know for certain about actual meeting dates so they could pick the next meeting date and note how they get on the mailing list. He asked if there is more input about venues, as he has no idea what internet connection is like at Terra Nova High School as a Zoom hybrid has to run off their system unless the vendors bring their own system.

Mayor pro Tem Beckmeyer wanted to mention one other venue for consideration is Skyline.

City Manager Woodhouse stated that you cannot have a Council meeting outside the city.

Mayor pro Tem Beckmeyer understood that it has to be within the city limits.

Councilmember Bigstyck stated that they are referencing PCRC because they are generally trusted by the community, but he thinks, if they work with City Manager to pick the right facilitator with the understanding that we know and trust PCRC and ultimately they trust his

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decision. He thinks a quick conversation with Marty Anaya of PCT might be very helpful and it would be good to see if he could figure out an arrangement for less than $20K. He attended the Half Moon Bay City Council reorganization and he saw how that was set up in a community room and PCT had it rigged up in such a way that it worked as smoothly as it does for us.

Regarding the AMA session, he thought they work as a live person on the other end of the forum for whatever the period of time is and understood between hours of X-Y and whomever is on the other line, this is the time to get those questions going.

Mayor Vaterlaus did not think they can have a live person doing it. She thought the public can submit questions and get answered, but only for a short time.

City Attorney Kenyon added that most of the questions that staff is answering will have legal review which they will not be able to have on real time.

Councilmember Boles wanted to throw out an idea that they do this mostly on Zoom with one place for people who do not have Zoom access. She stated that it takes away the whole complications of the space and remote viewing. She stated that they are meeting to get questions answered and understand. She referred to the schedule. She stated that they will get to the point where they write the letter to the Coastal Commission and they will be rewriting our LCP and the staff report that goes to the Commissioners will have a lot of changes to our LCP to incorporate their changes; there may be some back and forth with staff before that happens and will be a delay within their 2-3 months to a year plus process. She stated that all this is happening between our staff, mostly Coastal Commission staff, but she understands we are not looking at the final version that goes to the Coastal Commission. She stated that, until it goes to the Coastal Commission and they approve it or make changes, then it comes back to us. She wondered if they might need another step in between there to make sure we are on board with what the staff is presenting to the Commission.

Mayor pro Tem Beckmeyer stated that, in light of the analogy he gave before, she asked if he can throw that in terms of the idea of more time to resubmit or extending the deadline without knowing what they need to change. She referred to the deadline to submit our draft, when he was using the analogy of the draft that he submitted.

Councilmember Boles stated that they are not resubmitting the draft, just the letter.

City Manager Woodhouse stated that they are working on this concept and getting some feedback on it before really developing that concept in a paper and then submitting it to get feedback that may have been the same as what they would have received upon submitting earlier. He stated that is similar to the way the feedback from Coastal Commission staff works.

He referred to the point Councilmember Boles was making about another visitation of what Coastal staff recommends. If they recall with the last submittal, they published their recommendations to Coastal Commission with a hearing that was two weeks after that publication point; we could have had a special emergency Council meeting scheduled in order for Council to make comments on their recommendation and he thought that was the only way you can provide input at that time. They would have to hold the meeting, make quick comments to officially be in the record to say that the City Council agrees with X, Y and Z and disagrees with A, B and C in what their staff is recommending, and it goes to the Coastal Commission. It does not change anything and the process, as it still goes to the Coastal Commission.

Councilmember Boles stated that what is a little bit different when the last one was submitted in 2020 was that there were letters that went back and forth between our staff and Coastal

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Commission staff and even the letters before our hearing very clearly laid out from Coastal Commission staff the areas of disagreement. She agreed they redlined and we only had two weeks, but she thinks most of those redlines were pretty clear from previous letters that we should know how they felt about those things. She stated that was what was missing now and other people have said that we are not getting.

Mayor pro Tem Beckmeyer did not agree with that. She stated that she read the letters too, and she did not agree with that assessment. She stated that, what she saw in that redline was much more far-reaching than what she read in those letters. She agreed along a theme, but it was seriously marked up and she did not think she got that from the letter.

Councilmember Boles thinks she has to agree that they were not what we submitted and they had made their objections before it was submitted.

Mayor pro Tem Beckmeyer thought that was possible, but she did not know. She stated that, on some level, she has to say that it is our plan and that is the challenge. We have to make sure it works for Pacifica, not for the Coastal Commission per se. She questioned who we are doing this for.

Councilmember Boles understood that, and that is where she is confused. Some of it is the Coastal Act which is law and other parts are more subject to interpretation and we have some leeway. She is hoping that they do not get through this process and then the Coastal Commission staff changes everything that we have done and then they have something they cannot approve again. She wants to make sure they are working toward a path where they actually have a chance to get this approved and whatever they can do to have more of those conversations and more back and forth; if it needs to come back to Council, as staff is talking to staff, then come back to them instead of just letting them put forth what they think is best.

Councilmember Bigstyck stated that this seems to be a quasi-iterative process as they seem to have some momentum going between our staffs versus whether or not the Coastal Commission staff will simply turn around and make a final recommendation to the Coastal Commission at which point the presumed iterative process ceases to be. Regarding timeline issues, he stated he is not looking for infinite meetings but trying to wrap his head around information he does not currently have but will be a big conversation for the community, which he thinks are other potential alternatives. He thinks they need to have a conversation about the special resiliency areas to have clarity among ourselves, which has not happened, but they need to know what other potential alternatives look like to begin that robust conversation. He presumes a fourth meeting might be enough time but a fifth meeting would probably be enough time, and he is looking to seeing the menu to figure out if they need the meeting beyond the fourth.

City Manager Woodhouse stated, for planning purposes, he needs to know if it is 4 or 5 meetings but Council always has the prerogative to decide at a meeting whether they are not ready to make a decision and do another meeting. Regarding other potential alternatives, he wanted to make sure Sr. Planner Cervantes could chime in as he is not aware of other potential alternatives that have been discussed that are as significant as the neighborhoods approach, represented by the special resiliency areas, to get this across the finish line.

Sr. Planner Cervantes agreed that, at this time, staff does not have other alternative modifications besides what is included in the SRAs. She stated that they have ideas of what that would look like and there are some suggested modifications that are easy to say that it is an alternative modification, such as a typo or something that was not completely understood,

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leading to a revision. She stated, on the big policy items, they do not have alternative modifications finalized.

Councilmember Boles asked if, while not finalized, there might be some modifications that staff perceives happening in this process. She is thinking about the substantial structural modifications, and one thing she is stuck on is the permits to define the 50%, you go back to when the building was built. She asked staff what they are presenting and who was suggesting some things and how and when does that happen.

Sr. Planner Cervantes stated that she has heard two different things: 1) they want to discuss the alternative modifications of meeting 3 which staff can draft some alternative modifications to present to Council to react and look at or 2) do more robust suggested modifications again and they provide the alternative modifications.

Councilmember Bier thinks they are mixing up terms as she thought they were talking about reviewing the green-coded modifications at the next meeting so there might be some confusion on what they were talking about.

Councilmember Bigstyck thought there were a couple of different references on packet page 218, i.e., “due to complexity and implications of SRAs, it was not possible to discuss other potential alternative modifications at the December 5 meeting,” and then another paragraph about agenda packet for meeting 3 “would include the draft, including all potential alternative modifications and will be eventually discussed by Council at meeting 4”. He feels that he will have a full and robust sense of what the entire menu of options are at the next meeting and he feels that, depending on what that menu looks like and where the conversation goes at the next meeting, that will be able to decide whether he will need to untangle more questions that come up or be more comfortable going into a 4th meeting as it feels that the SRAs have been discussed at meeting 3 and the other options may or may not exist may or may not be relatively straightforward. He is very curious as to what meeting 3 reveals.

City Manager Woodhouse wanted to clarify that the goal as recommended in the staff report is meeting 3, when they say alternative modifications, Coastal Commission staff have recommended modifications and we are working on the alternative modifications we want to recommend back. He stated that SRA is one of the alternative modifications that is a large concept with ramifications for a lot of the other 125 comments. He stated that the scope of meeting 3 is, of the 125 comments, how much time they need to spend on those. They are on the table to talk about if Council needs to talk about them, but they are focused on all of them.

He stated that staff’s concept is that they want an initial draft letter that addresses everything so Council can react and discuss it which includes a draft related to the 125 comments; at that meeting, they are using the results of case studies that help explain the policies, which is selecting types of projects, like a house remodel, that is in an SRA evaluated under Coastal Commission modifications or in an SRA evaluated under Council recommended alternative modifications or is not in an SRA or is evaluated based on the 1980 LCLUP. Thus, there are four scenarios for one house remodel and what is practically different about those which is the concept they are going for in the case studies as it demonstrates in storybook fashion what the impact of these policies would be.

Sr. Planner Cervantes agreed and stated that staff is considering the case studies different types of projects that they might see in different areas of the cities under those four different scenarios, i.e., the 1980 LCLUP, 2020 city draft, and SRA alternative modifications.

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City Manager Woodhouse stated the scope of meeting 3 is to lay it all out and see what the level of understanding is and whether they need a 5-meeting system or if Council is ready to go with meeting 4, a decision which can be made at meeting 3. If the preliminary reaction is that they will need 5 meetings, that would be good to hear so they can tentatively plan on that timeline. They can take what comes out of meeting 3, plan meeting 4 regarding what is going to required, etc. He stated the last meeting, whether meeting no. 4 or 5, is Council’s vote on the alternative modifications letter that they need to submit to Coastal staff. He added that maybe after 5 meetings they continue on. He stated he will be clear about what they will not be working on during this time.

Mayor pro Tem Beckmeyer stated that it concerns her to hear they are not going to work on the STR ordinance and she thinks they need to figure out where the priorities are. She recognizes there is a 4-person Planning Department but she is not clear on exactly who is doing that work, as she thought that was legal.

City Attorney Kenyon stated that they will review what staff prepares, referring that, in all Goal Setting sessions, when staff gives them all the work they are doing, she emphasizes to Council that City Attorney’s Office has to review all the work they’re doing. City Attorney’s Office does not initiate as it is not a legal project but a Planning staff project. Their job is to prepare the ordinance and then give City Attorney’s staff a draft of the final ordinance and they review it for legality but they do not create it.

City Manager Woodhouse stated that the development analysis of all the options for Short-Term Rental ordinance is a Planning and City Manager’s office function and the time impact is significant. He mentioned that the Heritage Tree Ordinance reworking is going to be extremely time-consuming as well as the STR ordinance work. He stated that every month they extend out the all-consuming LCLUP work combined with and parallel with the Housing Element work extends that out. He stated that he is being transparent as it is not work that hired consultants can do. It is work staff has to do as there are many legal, political, and community nuances.

Councilmember Bier stated her main concern for her to agree is to understand the green sections before she can talk about SRAs. She stated it is two separate things and thinks one has to happen before the next.

City Manager Woodhouse stated there is tricky overlap. The SRA neighborhood approach concept affects the green-coded policies as they are inter-related.

Councilmember Boles asked if they are saying that the green-coded policies might change if they do SRAs because the green-coded sections are for non-SRAs. She previously asked if they do the SRAs, does that mean the 125 other comments do not apply to these areas. She was told that some apply and a lot of the difficult ones do not. Thus, they have no clarity to understand what applies where.

City Manager Woodhouse stated that is the goal of meeting 3, i.e., be able to illustrate and explain that.

Sr. Planner Cervantes stated that the alternative modifications that the city might propose are affected by the SRAs. The SRA may fix problems in the green-coded sections that will dictate what their potential alternative modification is, hence why they are so interlinked.

Councilmember Boles asked if they are saying the SRAs would change policies in the non-SRA

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areas.

Mayor pro Tem Beckmeyer stated that was the way she was reading it but getting clarification from staff would be helpful.

Sr. Planner Cervantes agreed, stating that, for some of the green-coded sections, their proposed approach will be different based on what the SRAs allow and what they do not; thus, it might not be that the potential modifications only apply to non-SRA areas but the pros and benefits citywide and what is going to be affected based on the SRAs is what she is getting at.

Councilmember Bier thought they had to decide if they were even going with SRAs or not.

Sr. Planner Cervantes agreed, adding that they are looking at the pros and cons citywide and coastal wide.

Mayor pro Tem Beckmeyer referred to the postcard issue, and as they are talking about multiple meetings, she questioned when they send the postcards. She also asked if there was an opportunity for more clarity through the form of questions submitted and answers posted prior to the 3rd meeting occurring so everyone has a chance to submit questions and staff has a chance to answer them and the public has a chance to digest those answers and then they have a meeting. She questioned is there is a way to submit scenarios that clarify in advance of the actual meeting. She is wondering if online or website-based work that goes on in advance of the meeting that gets the postcards.

City Manager Woodhouse stated that they committed, in the recommended approach, to being able to address a lot of the questions they received so far, i.e., FAQs, plus case studies that would be published as part of the packet for the February 3 meeting. If they are opening up an online forum of questions, they would not be able to commit to answering all of that before a February 3 meeting. Thus, a clarifying question for Council is are they going to do a February 3 meeting or push that back, understanding there are workload impacts in doing that.

Councilmember Boles referred to the staff report mentioning people asking questions ahead of time and Planning staff preparing a response. She thought they have not established a deadline of when the questions would start and end and responses would start and end and how it relates to a staff report for the meetings. She agreed that the more information we can answer online for everybody to read and have the same understanding would help the meeting go better, and if they cannot make all those things happen by February 3, they may need to delay that meeting.

Councilmember Bigstyck thought, regarding the City Manager’s question, if they agree to a 5th meeting, that makes it easier to have a February 3 meeting, put everything on the table, see what questions remain after they have an all-day session of wrapping their heads around SRA, the draft letter, and every conceivable thing to discuss. Then it makes the timing better to open for the public to send questions that they can answer ahead of a 4th meeting and anticipating the need to process that and be ready for the 5th and final meeting.

Mayor Vaterlaus stated they almost have a month until February 3 and it’s a lot of work for staff, but as far as the public it’s a time period for them to get the questions in.

Councilmember Boles proposed that they do not have to give them two full weeks.

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Mayor Vaterlaus stated it is a cut-off date so they can let them try to submit their questions as they have the questions now.

Councilmember Boles thought staff already has a lot of the questions raised at the meeting and they can be working on them now and may be the answers to a lot of questions that may come up. She stated that, if the meeting is on February 3, the staff report would come out the weekend before, January 26.

Councilmember Bier thought it was too soon and they need to delay it by two weeks because they need more time and suggested having it February 17th instead of the 3rd. She stated that they are asking a lot as it is, and if they are going to get a postcard out saying they have a certain amount of time, there is a lot that has to happen before.

Mayor pro Tem Beckmeyer asked if they have Goal Setting coming up in March.

City Manager Woodhouse stated that they need to schedule that.

Mayor pro Tem Beckmeyer asked if they were front loading Goal Setting in some way, and if they set goals that are unattainable because of this work, she questioned what the point was.

City Manager Woodhouse stated Goal Setting is an update to the Strategic Plan process and they need to pick a date. He would like direction, as all Councilmembers are available on February 3, but they can poll again for mid-February for a Saturday or another alternative.

Councilmember Bier stated that they will need a lot of time on meeting 3 so it needs to be a weekend.

City Manager Woodhouse stated that they can poll for other weekends in February after February 3.

Mayor Vaterlaus thought they are getting closer to consensus.

City Manager Woodhouse heard an idea on the table unofficially thinking that this might be a five-meeting process, stating he was hearing head nods on that. He also thought he understood correctly that Councilmember Boles raised an interesting idea about a venue as to whether, if it is a hybrid meeting, do they need all the space that a Terra Nova Theater would offer or could it occur in the Council Chambers. In terms of staff resources, seeking out and finding vendors to conduct that kind of mobile meeting is a project unto itself that requires time, and if they want to be more efficient, that is an option. He stated that they cannot turn people away in the Council Chambers and they would have to promote that there would be online participation available and hope that works. He thought the final say on looking at locations would be helpful as they need to check those dates against when Council is available and they can look into it if it is a facilitated meeting.

Mayor Vaterlaus stated that they considered the revised community engagement plan and she asked if staff is satisfied with what they said.

City Manager Woodhouse stated he would like to hear input on location, such as Council Chambers or a different venue.

Councilmember Bigstyck stated he is with Terra Nova Theater as it is the biggest venue but he

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does not know what PCT can do for them or if it is an offsite vendor but either way they can do remote. He thinks Terra Nova Theater offers the biggest space, and if they need a satellite space, they can talk about that.

Mayor pro Tem Beckmeyer referred to mention of how much can be done if in a hybrid forum, and asked if that relieves the need for so much space, and she heard him say no.

Councilmember Bigstyck stated he heard the City Manager say no, and in doing the hybrid, they cannot turn people away at the door.

Mayor pro Tem Beckmeyer is okay with that.

Councilmember Bier stated that they can check on Terra Nova Theater availability and, if not, the Community Center is bigger than the Council Chambers. She thought people are going to want to show up.

Councilmember Boles wants to make sure they have Zoom and have decent sound. The Community Center is much harder with the reverberation in the room for people to understand.

She has not been in the Terra Nova Theater.

Councilmember Bigstyck stated it is designed for sound.

Mayor pro Tem Beckmeyer stated that the acoustics are better but what was challenging was the table format with everyone talking at once.

Councilmember Boles stated that they do not need that.

Mayor pro Tem Beckmeyer agreed.

Mayor Vaterlaus confirmed the largest venue possible. She stated that they did rent control meetings at IBL but it does not seem much bigger than the Community Center.

Mayor pro Tem Beckmeyer recalled that Terra Nova Theater is around 400 or 425 capacity.

Councilmember Bier stated that they do not know if it is available.

Mayor Vaterlaus stated that they have to find out and so it is up in the air.

Councilmember Bigstyck stated that they can still prioritize what their preference is.

City Manager Woodhouse recalled that Monday, February 19, is President’s Day, a three-day weekend and probably need to avoid that Saturday. Thus, they are limited on Saturdays in February. They will look at Terra Nova Auditorium, plan on a postcard, look at how to construct an online Q&A process, talk to PCT about remote Zoom help, and if they are limited, do an outside vendor. If Council is in agreement, the other head nod is the recognition that there are numerous other Planning work plan items that are going to get delayed.

Councilmember Boles wants to make sure the public knows about the results of the December 5 meeting of all the different groups will be published online.

City Manager Woodhouse stated that the intent was to publish that as part of the packet and/or

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online for the February 3 meeting or whenever the meeting occurs.

Councilmember Boles agreed that it could go earlier online if they add that to a website discussion. She stated that the more information there that they can all read to understand the community’s concerns ahead of time.

RESULT: NO VOTE REQUIRED

14. 2024 City Council Liaison and Committee Assignments PROPOSED ACTION: Review the list of City Council Liaison and Committee Assignments, make any modifications for the calendar year 2024, and approve the final list.

Councilmember Bigstyck moved to extend the meeting to 11:20 p.m.; seconded by Councilmember Bier.

MOVE TO EXTEND MEETING TO 11:20 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
There were no public comments.

City Clerk Coffey summarized the changes to confirm the following: CCAG alternate changed from Beckmeyer to Bigstyck; Emergency Services Council alternate changed from Bigstyck to Boles; removing the Joint School District/Water District/City Articulation Committee; some discussion about potential change to North Coast County Water District but they ultimately left it the same; some discussion about San Mateo County JPA Advanced Life Support and ultimately leaving that the same.

City Clerk Coffey further confirmed the following: changing Bier to Bigstyck as the alternate for the BAC with Beckmeyer as the primary, removing the 2023 Pride Planning ad hoc subcommittee, and keeping for now the Council Chambers Renovations ad hoc subcommittee; Beach Boulevard Infrastructure Resiliency Project, phase 2, outreach ad hoc subcommittee; and Committee Commission Charter Review ad hoc subcommittee. She stated that concludes the changes proposed for Council Liaison Assignments.

AGENCY Council
Representative(s)
Council
Alternate
ABAG General Assembly Delegate BIGSTYCK BECKMEYER
Airport Community Roundtable BOLES VATERLAUS

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C/CAG Representative VATERLAUS BIGSTYCK
Colma Creek Flood Control Citizens Advisory
Committee VATERLAUS BOLES
Emergency Services Council SMC VATERLAUS BOLES
Fog Fest Committee Liaison VATERLAUS BECKMEYER
Housing Endowment and Regional Trust
(HEART) - Member Agency Committee (MAC) VATERLAUS BIER
Housing Our People Effectively (HOPE) - Inter
Agency Council (IAC) BIER VATERLAUS
North County Fire Authority JPA BIGSTYCK & BOLES
North Coast County Water District (NCCWD) BIER BECKMEYER Pacifica Community Television BIER VATERLAUS
Pacific Beach Coalition BOLES BIER
Pacifica Resource Center BIGSTYCK BIER
Pacifica School Volunteers BIER BECKMEYER
Peninsula Clean Energy JPA BIGSTYCK BOLES
Peninsula Congestion Relief Alliance
(Commute.org) BOLES VATERLAUS
SMC JPA Advanced Life Support / Pre-Hospital
Emergency BECKMEYER BOLES
SMC Library JPA BIGSTYCK BECKMEYER

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* Local Agency Formation Commission (LAFCO) BIGSTYCK NONE * C/CAG Bicycle and Pedestrian Advisory
Committee BIER
* C/CAG Legislative Committee VATERLAUS
* C/CAG Resource Management & Climate
Protection Committee (RMCP) BECKMEYER
* Housing Endowment and Regional Trust
(HEART) - Regular Member Board of Directors BIER
*LCC Coastal Cities Group (CCG) Leadership
Committee, North Central Representative &
Chair (through mm/dd/yyyy)

BECKMEYER
*San Mateo County Recovery Council VATERLAUS

CITY OF PACIFICA COMMITTEES /
COMMISSIONS:

Beautification Advisory Committee BECKMEYER BIGSTYCK
Economic Development Committee BECKMEYER & BIER
Emergency Preparedness & Safety Comm. BOLES VATERLAUS
Library Advisory Committee BECKMEYER BOLES
Open Space Parkland Advisory Committee BIGSTYCK BECKMEYER * Representative selected by listed Agency not City Council Councilmember Bigstyck moved to review the list of City Council Liaison and Committee Assignments, make any modifications for the calendar year 2024 and approve the final list; seconded by Mayor pro Tem Beckmeyer.

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RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles

ADJOURN
Mayor Vaterlaus adjourned the meeting at 11:05 p.m.

Transcribed by Barbara Medina, Public Meeting Stenographer.

Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Sue Vaterlaus, Mayor

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CITY OF PACIFICA

CITY COUNCIL MINUTES
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Sue Vaterlaus
Mayor pro Tem Sue Beckmeyer
Councilmember Mary Bier
Councilmember Tygarjas Bigstyck
Councilmember Christine Boles
City Council Regular Meeting 1 January 22, 2024

SPECIAL AND REGULAR MEETING
January 22, 2024 (MONDAY)
www.cityofpacifica.org
Mayor Sue Vaterlaus called the meeting to order on January 22, 2024 at 5:30 PM 5:30 PM - CLOSED SESSION
Mayor Vaterlaus called the meeting to order at 5:30 p.m. 00a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Pursuant to Government Code section 54956.8. Property: APN: 022-320-180; JPN: 022-032-320-18. Agency negotiator: Kevin Woodhouse, City Manager. Negotiating parties: City of Pacifica and ATC Sequoia LLC, a Delaware limited liability company (American Tower) on behalf of GTE Mobilnet of California LP d/b/a Verizon Wireless. Under negotiation: Price and terms of payment of lease.
6:00 PM OPEN SESSION - SPECIAL AND REGULAR MEETING
Call to Order
Mayor Vaterlaus reconvened the meeting at 6:10 p.m.

Attendee Name Title Status Arrived
Sue Vaterlaus Mayor Present
Sue Beckmeyer Mayor pro Tem Present
Mary Bier Councilmember Present
Tygarjas Bigstyck Councilmember Present
Christine Boles Councilmember Present
Staff Present: Kevin Woodhouse, City Manager; Karen Murphy, Asst. City Attorney; Lisa Petersen, PW Director; Yulia Carter, Asst. City Manager; Maria Sarasua, Police Chief; Bob Palacio, PB&R Director; Christian Murdock, Planning Director; Brianne Harkousha, Sr. Planner; Lucy Xie, Dep. Finance Director; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.

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Reading of Land Acknowledgment
Mayor Vaterlaus read the Land Acknowledgment.

Salute to the Flag led by Mayor pro Tem Beckmeyer
Closed Session Report
Asst. City Attorney Murphy stated there was no reportable action.

SPECIAL PRESENTATIONS
A. Proclamation - Raymund Donguines
Mayor Vaterlaus read the proclamation honoring Raymund Donguines’ retirement in 2023 from Pacifica Public Works Department after 25 years of service.

Mayor pro Tem Beckmeyer acknowledged his efforts and wished him a wonderful life.

Councilmember Bier congratulated his 25 years of service and wished him well.

Councilmember Bigstyck acknowledged all his accomplishments mentioned and thanked him for his service.

Councilmember Boles appreciated hearing about all his accomplishments and thanked him for all he has done for the city.

Mayor Vaterlaus thanked him and appreciated how much he did for the city.

PW Director Petersen mentioned all of the things he has done for the city, the people he has touched, and the projects he has done; he helped on every emergency in the city, willing to do whatever he needed to do to help the city. She thought he was one of the most committed employees she has ever met. She added that he was the backbone of the Engineering Department and pointed out all the people who came to honor him, i.e., bosses, coworkers, etc.

She then stated she wanted to give him something that shows the city’s appreciation for his 25 years of service, as well as a picture of him on the Esplanade Plaza during the high tide with 45- foot waves.

Mr. Donguines’ wife expressed the pride of his children and family for working with Pacifica and being part of the city family, as well as being a wonderful husband and father.

Mayor Vaterlaus opened public comments.

Sam Bautista, Pacifica, stated he was former Dep. Director of PW and he wished Mr.

Donguines a great life in his retirement. He remembered his first day in Pacifica and he was the first person for him to go to as he had the knowledge and knew everyone in town. He congratulated him.

Van Ocampo, Pacifica, stated he was a former Pacifican public servant. He shared how he brought Mr. Donguines in as an intern and gave him projects until he moved back to Guam and then hired him when he applied for Asst. Civil Engineer in Pacifica. He mentioned that they

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worked together as a team with some of the projects mentioned in the proclamation. He praised him for his abilities and he congratulated on his well-deserved retirement. He then mentioned that another retiree of Public Works is Maria Suzuki, who did not meet the required minimum years of service and therefore did not receive a proclamation, but her hard work and dedication for more than seven years in Field Services is well worth acknowledging, as she always gave priority to the needs of Pacificans. He thanked her for her more than seven years to Pacifica.

Mayor Vaterlaus thanked him and Maria Suzuki for her years of service. She then closed public comments and asked Ray Donguines to speak.

Mr. Donguines thanked everyone who came to celebrate his retirement. He admitted it has been a long 25-year journey; he started as an intern and the rest is history. He thanked everyone from Pacifica in all departments that always supported him and Public Works in their projects. He thanked his past and present PW colleagues and everyone present for their support and their dedication and commitments to all the challenging times with the city and all their projects. He thanked his family, including his kids who inspired him to be great. He thanked his wife who has been his life partner, love of his life, and biggest supporter.

Mayor Vaterlaus invited him to come and take a picture.

CONSENT CALENDAR
Mayor Vaterlaus asked if any Councilmembers wished to pull anything from the consent calendar. She then opened up for public comments, and seeing no one, she brought it back to Council.

Councilmember Bigstyck had comments for Item #1, ACFR. He thanked staff for their work and reminded everyone that the last two years we had the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officer’s Association. He then referred to Item #2, Re-roofing on the Community Center, which clears the way for photovoltaics to be put on the roof that PCE has been helping them and the savings on the power bill is what ultimately pays it off. He looks forward to the update when the project gets underway.

Councilmember Boles has a couple of questions on the Annual Comprehensive Financial Report (ACFR) and thanked all staff for the long hours and hard work, especially with a new audit team. She knew there was a housing in lieu fund with about $250,000 and asked about the housing fund with the balance of $623,394.

Asst. City Manager Carter thanked her for all the kind words as her team worked hard to put this document together. She noted that the $623,394 is listed as a restricted portion of the fund balance and is designated for ongoing obligations for the Redevelopment Agency.

Councilmember Boles concluded it is restricted and not something they can use for housing.

She was also trying to find what the total revenue was for Transit Occupancy Taxes.

Asst. City Manager Carter stated that they can find the information and the specific page and provide them to her at a later time.

Councilmember Boles also appreciated the answers about the pension fund questions.

Asst. City Manager Carter agreed it was very complicated and they will have to have more

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communication on this.

Mayor Vaterlaus thanked her for the comprehensiveness of this report.

Asst. City Manager Carter appreciated that and has fingers crossed for the next award.

CONSENT CALENDAR:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles

1. Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2023 PROPOSED ACTION: Accept the City of Pacifica Annual Comprehensive Financial Report (ACFR), Independent Auditor’s Report, and other related documentation for the fiscal year ended June 30, 2023.

2. Notice of Completion for the Community Center Roof Coating 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 Community Center Roof Coating Project; and authorize the City Manager to release the retention funds to the contractor.

3. Lease Agreement between City of Pacifica and Stephen Johnson Photography PROPOSED ACTION: Move to Adopt the Resolution titled, "A Resolution of the City Council of the City of Pacifica Approving the Lease Agreement Between the City of Pacifica and Stephen Johnson Photography for the Premises Located at 1220-C Linda Mar Boulevard (Located in the Sanchez Art Center)."

4. Adoption of an Ordinance Repealing and Replacing Article 2-“Animal Regulation:

Licensing, Vaccinations, Dangerous Animals, and Prohibited Conduct” of Chapter 1, “Animal Control” within Title 6, “Sanitation and Health” to clarify existing definitions, enact additional requirements for animal control and revise animal control service fees”; and finding introduction of Ordinance exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule Exemption)
PROPOSED ACTION: Move to waive the second reading and adopt “An Ordinance of the City Council of the City of Pacifica Repealing and Replacing Article 2-“Animal Regulation: Licensing, Vaccinations, Dangerous Animals, and Prohibited Conduct” of Chapter 1, “Animal Control” within Title 6, “Sanitation and Health” to clarify existing definitions, enact additional requirements for animal control and revise animal control service fees”; and finding introduction of Ordinance exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule Exemption)

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Caitlin Quinn, Pacifica, stated that this is a big night for the Housing Element, and as part of that she wants to keep banging the drum about the ongoing issue of short-term rentals in Pacifica, and shared her thoughts and concerns on the connection to housing issues.

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Anita Rees, Pacifica Resource Center, shared some updates on their opening times, tax preparation appointment information, Temporary Safe Parking Program, new outreach staff and schedules.

Peter Gorenani, Pacifica, referred to the challenge of housing in the city and how STRs impact that, and shared his thoughts and concerns on the housing problems.

Chris Redfield, Pacifica, stated he was a reporting a theft of opportunity from the people of Pacifica and visitors to teach, acknowledge and learn from history and shared his thoughts and concerns on the action of a state agency’s disposition of the depiction of Portola.

Michael Vernazza, Pacifica, stated the recent comments are part of the same problem, and shared his concerns on various issues such as AirBnB and VRBO, which impacts our community, and candidates running for office.

COUNCIL COMMUNICATIONS
Councilmember Bigstyck shared, regarding the Portola statue, that State Senator Josh Becker’s office would investigate it thoroughly and let CalTrans know how we feel. He spoke to Assemblymember Marc Berman in person and was in communication with County Supervisor Ray Mueller who will be looking into where the statue is stored. He was reaching out to the San Mateo Historical Society to see if they can get it in the museum in Redwood City. He attended the reorganization meetings for Pacifica School District, Millbrae, Brisbane, Half Moon Bay, Atherton and Burlingame. He attended the North Coast County Water District meeting and worked with the Peninsula Division Legislative Action Committee of CalCities to plan various events. He met with Half Moon Bay Councilmember Debbie Ruddock to talk about common issues. He attended the PRC meeting and asked anyone with info of available office or food storage spaces to reach out to them. He attended the former County Supervisor Don Horsley memorial which was moving. He attended a Lion’s Club meeting to ask them to contribute to the Communities Overcoming Relationship Abuse (CORA) to the $10,000 for the service providing training businesses to look out for signs of domestic abuse and what to do if they see the signs. The Rotary Club gave $1,000; Pacificans Care gave $1,000; and PRC gave $1,000 to contribute to this and make it a community service. He stated that the Lion’s Club contacted him after he spoke to them and said they were contributing $3,000 to it. He attended the LAFCO meeting and the OSPAC meeting where they discussed the charter update. He and Councilmember Bier met for the Commission and Committee Charter Ad Hoc earlier today. He attended the City’s Democrat candidate forum for State Assembly.

Councilmember Bier appreciated that people take time to make sure Council gets all the information they need. She attended the Economic Development Committee meeting and she encouraged members of the public to attend. They are also considering an event on April 27, “Brews and Blues,” and looking to collaborate with our Business Improvement District. She thanked Economic Development Manager Tara Schiff and Management Analyst Alyssa Barranti for doing a great job. She attended the Age-Friendly Coalition meeting and there is a survey on City of Pacifica Senior Services site to talk about how to make our city more age-friendly. She thanked Economic Development Committee Member Lauren Smith who is heading up our Pride Committee and and appreciated her efforts. She attended the NCCWD meeting and appreciated that President Burgett kept her involved in that meeting. She stated that part of the Art for a Peaceful and Just Community, a collaboration between Sanchez Art Center and Pacifica Collaborative, is there will be a sing along at the Mildred Owens Theater, Leap into

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Kindness, on Leap Day, February 29, from 7-9 pm for the community to come together in kindness and fun and sing. She thanked Cindy Abbott of the Art Center for bringing forward such a beautiful project and there will be different sectors of the community participating. She attended the Beach Boulevard Infrastructure Resiliency Project community outreach meeting and they are working on the next meeting. She thanked the PRC and LifeMoves, an agency overseeing the shelter system in the county. She referred to a public comment about people sleeping in their cars and to let anyone sleeping in their cars know that there are services available. She asked that everyone support our core service agencies.

Councilmember Boles met with Anita Rees and the Unhoused on the Coast group; there used to be a 90-day residency policy for people to live in the county before they could get services, but now there is only a one-day notice as the goal is to get people into housing shelter right away. She stated that there is money coming from the County for encampments including more money for mental health. She stated that, regarding PRC, the Pirates of Manor are having a fundraiser for the PRC at Winters on February 3, and there are a couple of bands, live music, food, and raffle. She thanked the Pacific Beach Coalition for doing Linda Mar cleanup and planting and highlighted their yearly movie fundraiser on February 9. She met with the Emergency Preparedness and Safety Commission. At their next meeting on February 21, they have agendized talking about beach safety after a tragic death. She stated the virtual BBIRP meeting has been scheduled for February 22, and she encouraged everyone to attend it as the last design meeting to review the consultant’s proposals before going to environmental review.

At the San Mateo County Leadership Council meeting in Half Moon Bay, they focused on Human Services and they heard from some county leaders from non-profits; these included Thrive, an overall agency giving support to non-profits that helps with capacity building, fundraising, etc. Her group went to Coast House, our only transitional housing shelter on the coast from Pacifica to Pescadero; she stated that two of her cohorts run non-profits in the county and have some job training opportunities that they want to bring to Pacifica, i.e., construction workers and health workers, etc. She shared that Pacifica’s Environmental Family is hosting a talk about the Coastal Act and the formation of the Coastal Commission and their mission at Mildred Owens Concert Hall.

Mayor pro Tem Beckmeyer mentioned, in terms of the Economic Development Committee, one of the subcommittees shared early work on a concept for a community-wide events calendar in terms of art, music, and theater. She attended the Library Advisory Committee meeting, and she stated that Council will be very excited to hear that our student, Maya Sinapuelas, stepped up to be the secretary of the committee and the Chair is Tina Wehrmeister. She thought it was excited to see Maya get so engaged quickly and the committee was fortunate to hear and engage with Evette from BergDavis who had done some work in the past with the Library Foundation on materials, social media outreach, messaging, etc. They had an update from San Mateo County Library staff on the 24/7 kiosk presently being constructed at the Sanchez Library. She stated the Coastal Commission Local Government Working Group met and discussed the work plan for the year, and the first item is to dig into Senate Bill 272 which was carried by Senator Laird and signed by the Governor, which establishes the Coastal Commission and Bay Conservation Development Commission (BCDC) as the two entities in California that will be regulating and overseeing and establishing the need for sea level rise adaptation plans in every jurisdiction by a date certain. This year, both agencies are developing the guidance and we want to have a chance to dig into the specifics of the bill and understand how the working group, which is comprised of League of California Cities, California Counties, and two Coastal Commissioners and Coastal Commission staff to work together on looking at the issues for local jurisdictions and learn what will be coming in terms of guidance and helping to give input into that problem. She attended former County Supervisor Don Horsley’s memorial

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which was very moving. She referred to the County Resource Management and Climate Protection Commission, gave an update on water conservation and the status of our reservoirs; there was discussion about the state requirement that specifically refers to fleets for organizations like cities and the requirement to convert a certain amount of our fleet to nonfossil fuel equipment. She also attended the Pre-Hospital Emergency Services Joint Powers Agreement meeting which is our ambulance services. Even with last winter’s rain and flooding in more outlying areas, they were able to meet the targets almost 100% of the time within the range they are allowed. She stated that the last item is the Pacifica Democrats meeting, which was very well attended with Assembly candidates present, and there will be a congressional forum next month on February 17.

Mayor Vaterlaus attended the former County Supervisor Don Horsley memorial, the Democrats Forum, and the NCCWD closing. She also met with the Fog Fest board who have been working to reduce their costs to continue Fog Fest which is an important issue. She met with constituents regarding STRs and she talked to many people online and emails. She is on the San Mateo County Emergency Services Council and they are getting a new system called Integrated Public Alert Warning and it is used only for emergencies, emergency alerts, and nonweather emergencies. Zone Haven was recently purchased by a new company called Genasys. She stated that will be a much more elaborate program than it was in the past.

Councilmember Bigstyck asked, with that new system, if they plan to have an app.

Mayor Vaterlaus stated that there is an app called Genasys Protect. She talked to them about beach safety and we have a new director there and they asked us about each of our issues; they talked about posting the flags for warning based on tides and all the other problems.

Mayor pro Tem Beckmeyer added that they all want to be basing policies and plans that they make around sea level rise on the best available science, and there are many sources of scientific data in California. Something called the Ocean Protection Council (OPC) is the agreed upon best available science and they are charged with updating their sea level rise projections for California every five years; the last time it was done was 2018 and their goal was to be done and have it adopted by now, but there was a delay. She stated that, if interested in going to their website, it is opc.ca.gov, State of California Sea Level Rise Guidance 2024 Science and Policy Update. It will be open for public comment until March 4.

STAFF COMMUNICATIONS
City Manager Woodhouse stated he has one main announcement about the Committee and Commission Charter Ad Hoc committee. He stated that the committee met today and prioritized the sequence of upcoming committee and commission charter reviews as part of our ongoing major Council priority for that. The next committee for review will be the Economic Development Committee followed by the Beautification Advisory Committee, followed by Emergency Preparedness and Safety Commission. They will be getting that work now as they wrap up the OSPAC charter review and bring that back to Council. The other item he wanted to announce is that the Parks, Beaches and Recreation Department, under the leadership of Director Bob Palacio, has redone their logo and branding; over the course of coming weeks, the public will see that new logo as the department plans on a rebranding campaign and an actual launch to that. He stated it was a very exciting logo, included input from the PB&R Commission and lots of staff, etc.

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PUBLIC HEARINGS

5. General Plan Amendment GPA-106-24 for Adoption of the 2023-2031 Housing Element of the General Plan (File No. 2023-025). Recommended California Environmental Quality Act (CEQA) Action: Adoption of an Initial Study/Negative Declaration.

PROPOSED ACTION: Move to adopt the attached Resolution to:

A. Adopt an Initial Study/Negative Declaration;
B. Approve the 2023-2031 Housing Element of the General Plan; and C. Incorporate all maps and testimony into the record by reference.

Planning Director Murdock introduced their full Housing Element team: Asst. City Attorney Karen Murphy; Consultants Nick Hamilton, Aaron Aknin, Carol Johnson, Sabina Mora, and Sandy Council from Good City Company; Planning Department Sr. Planner Brianne Harkousha; and Planning Commissioner liaison Greg Wright. He then presented the staff report.

Councilmember Bigstyck expressed appreciation to Good City and city staff on all the work they have put into this item. He asked Planning Commissioner Wright if he could give them the Commission’s perspective.

Planning Commissioner Wright appreciated staff and the consultants as they had a ton of detail needed to put into this document to conform with the state mandate and represent the values of Pacificans. He mentioned the various details of what they studied to come up with the document they sent to Council.

Councilmember Bigstyck stated that it has been a joy working with the Planning Commission through this process. He stated that they received an email from Cindy Abbott who recommended a small change in the document, and he wanted to verify that, if they make a small change in relation to STRs, it won’t derail the process.

Planning Director Murdock stated, related to STRs, the Housing Element does mention them and explains there is pressure in their assessment of potential displacement in order to convert some number of long-term housing units to short-term rental use. He stated that the best data they have is that less than 1% of the housing units in Pacifica. In regards to the purpose of analyzing and demonstrating potential impacts to housing from a variety of sources, the Housing Element is adequate and does identify short-term rentals in that policy context. He stated that the concern staff would have now is that inserting new language or amplifying certain polices at this time or particular issues such as short-term rentals beyond what is already in the document does have the potential for HCD on its next review to dig deeper into those issues we highlighted that were not subject to their prior comments. He stated staff’s goal for preparing this response is to address comments already put forth by HCD, try to check them off the list, and get to certification in substantial compliance. He stated that there is a risk to make a change of the sort requested that HCD could look at it and ask staff to tell them more about that, and it would trigger a new line of comment and response that could elongate the Housing Element process, thereby a risk with making that amendment at this stage in the process.

Councilmember Bigstyck concluded that adding language that may seem benign but might actually cause HCD to dig deeper into the document and prolong the process.

Planning Director Murdock responded affirmatively.

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City Manager Woodhouse added to what Planning Director Murdock said i.e., that it is important to acknowledge when it comes to short-term rentals that it is addressed and the city will be working on new regulations which are mentioned in the Housing Element; but for Council, outside of the Housing Element, the state compliance document is not the end all, be all of Council initiatives and Council has established a strategic priority to work on short-term regulations in Pacifica. Regarding a balancing question for Council, he asked if they want to risk opening up a new issue in HCD and delay the process of certification.

Councilmember Bigstyck appreciated that they are working fervently to the degree possible.

Councilmember Boles appreciated everything and all their work. She referred to the overall schedule and asked if staff can tell them a bit more about what is to come, and she knows the CEQA process is underway and will continue and she asked when they might see a draft.

Planning Director Murdock stated that he would address her question in two parts, the projected remainder of the Housing Element update process and the question of implementation programs. He stated the remaining Housing Element process is out of the city’s control now:

After Council adopts the Housing Element, they will submit it to HCD and they will have a 60- day review period and determine if they have further comments on the city’s draft Housing Element. The city’s goal is to get a letter from them indicating substantial compliance, but they may have further comments which will trigger further consideration by staff and return to Planning Commission and Council depending on the nature of changes needed. He stated it could be as soon as 60-90 days to have a certified Housing Element or a longer time based on HCD’s comments that come out of this next review. He stated that they are not planning to delay further work on the rezoning program that they know they need to complete and are waiting for HCD’s certification. He stated a critical outcome of Housing Element adoption is solidifying the sites Council has identified so they can finally advance formally the environmental review work to prepare the Environmental Impact Report for the rezoning program. It may be 2- 3 months to get a public review draft out to the community and the best projection is the middle of the year, June-July time frame, to have public hearings for the rezoning program contemplated in program No. 1. He stated that a lot of variables could affect the timelines, but that is a realistic and slightly optimistic timeline on those items.

Councilmember Boles wanted clarification on objective design standards. She understood there is a first phase as part of the rezoning and the EIR, and the second phase is later. She asked for an explanation of the differences between the documents and the two phases.

Planning Director Murdock referred to the Housing Element implementation timeline, and the first priority is to complete the rezoning program; they are obligated under the law to do that and establish the capacity to comply with our Regional Housing Needs Allocation (RHNA). The second program identified in the Housing Element immediately follows and it is approximately a year timeline to do the comprehensive zoning update to come up with a broad range of objective development and design standards; that is a very time- and resource- intensive process and something the city has not done in decades. He stated that they need to go beyond what is traditionally entailed there because of changes in state law limiting the city to applying objective zoning standards that are adopted for most types of housing projects. He stated that the concern expressed earlier in this process is that there is a gap in time where the rezonings might be completed but all the standards to regulate projects would not be in place.

Interim direction was given to prepare a subset of development standards. He stated that they are trying to put those into the phase 1 rezoning program to be in the EIR and be adopted in the middle of 2024 timeframe while we take the better part of another year to come up with a much

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more comprehensive and detailed sweep going beyond those six criteria.

Mayor Vaterlaus opened the public hearing.

Nick Kosla, Pleasanton, stated he is with Toll Brothers, a national homebuilding firm active in 26 states with their Bay Area office in Pleasanton, and he lives in the East Bay and understands this is a special community. He referred to the sale of the Sea Bowl and shared detailed information on their plans for 81 townhomes, 10 duplexes, and 22 affordable accessory dwelling units, and that plan represents 12% of the city’s above moderate RHNA and 7% of its lower income RHNA requirements and agreements to make the area better. He requested that they put the Sea Bowl site back into the Housing Element.

Judy Hanson, Pacifica, stated her main goal is to represent the frogs, and shared her thoughts on a topic in the 70s in connection with preserving the land on the ocean side of the freeway between Rockaway and Vallemar then and now.

Kimberly Finale, Pacifica, stated she is reminded of the garbage she picks up on the beach and shared her thoughts on suggesting the city ask new developers to set up refill water bottle stations.

Cindy Abbott, Pacifica, referred to her ongoing comments on concerns regarding short-term rentals and appreciated Council and the community’s concerns about the impact to the community and offered her information and suggestion of adding “not permitting unhosted rentals” as part of the Housing Element in the short-term rental portion.

Michael Vernazza, Pacifica, stated he appreciated Mr. Kosla’s comments and he shared his thoughts on representing our community and offer to help on this issue.

Mayor Vaterlaus closed the public hearing.

Councilmember Boles referred to the CEQA review and to page 42 of the redlined version of the Housing Element. She asked if it is another CEQA analysis or left over. She stated it is Section H-I-2, No. 14, “initiating any required CEQA environmental analysis for comprehensive zoning modernization programs by January 2026”.

Planning Director Murdock stated that there is quite possibly a need to do further CEQA on the comprehensive zoning update, all the new objective standards and other zoning modernizations, and the potential exists for that to be necessary as part of program No. 2.

Councilmember Boles referred to her question in her email about ministerial review, same page, No. 8, and she asked if he can explain what happens with the CEQA review process. Once this is adopted and they have projects that are only ministerial review, she understands staff does an analysis of whether it is a negative declaration or some other review is required, but she did not think this was anything that goes to the public in terms of environmental review.

Planning Director Murdock agreed. He began with what ministerial review means. The most ready example he has is the regular single family homeowner wants to do an addition to their home or build a new home on a vacant lot, and in many places in Pacifica, that is subject to ministerial review and approval; they can come to the Planning Department, apply for a building permit, go through the staff level review process (ministerial component), and get the permit once they meet all the standards on the books relative to that type of development. He stated

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ministerial approvals are not subject to further environmental review (no CEQA process) and they meet the requirement adopted and get the permit and carry out the building project. He stated that many of these programs result in much larger types of projects being subject to ministerial review and is relatively uncommon in Pacifica; but, to comply with state law in a variety of circumstances, the city is obligated to adopt new regulations that do allow approval by ministerial process, such as certain types of affordable housing projects with 20% lower income units being one of the qualifying criteria. He stated that the process to amend the city’s regulations to put that type of ministerial process in place is subject to CEQA review, but subsequent to that, those projects will not be subject to further environmental review if they meet all the criteria and are eligible for a building permit only.

Councilmember Boles asked, if there is a big project with 40 units and 20% are affordable but there is a wetland on the site, what kind of CEQA review process, if any, would be required and is there any public input on that.

Planning Director Murdock thought likely no CEQA review, given it is a ministerial project, but other applicable state and federal laws, like wetland permitting requirements through the US Army Corp of Engineers or CA Dept. of Fish and Wildlife or Water Resources all remain applicable, and those individual property owners would be obligated to comply with those state and federal laws regarding sensitive resource protections.

Councilmember Boles concluded that there is no opportunity for the public to be involved at all.

Planning Director Murdock stated, to the extent those permitting processes have a public component, there is, but, through the city with a public hearing locally, the answer is almost certainly no.

Councilmember Boles also asked about infrastructure capacity improvement and appreciated the technical memorandum that was sent about the Rockaway Pump Station. She noted that the analysis looked at the three sites that are in that area between Rockaway and Vallemar that are core sites in the RHNA and it lists surplus buffer of 21 units. She stated, in their last meeting, they ended up having more buffer sites there and she was wondering if that needs adjusting in the analysis.

Planning Director Murdock thought the answer is no, as the tasks they were setting out to demonstrate to HCD, relative to the infrastructure constraint capacity, was to meet the core RHNA. That is why they documented the infrastructure capacity that would result to implement the RHNA. He thought staff felt like the analysis for Housing Element adoption purposes is adequate. In the environmental review process, infrastructure capacity is something that requires analysis, and they may have additional data at that time, such as including additional flow data as Council approved by separate action recently approve a contract for that. They might learn more about that and perhaps confirm that there is more capacity than anticipated now or will result in the future infrastructure improvements in the area. He stated this is the best information available based on the data available to be analyzed currently.

Councilmember Boles stated that this report says the 200 units meet our RHNA in this area and are permissible after the sewer work is done. She thought there was a limitation.

Planning Director Murdock agreed, as it was staff’s assessment that, given the 8-year period, they are obligated to analyze. Given the estimated scheduling of those capital improvements, roughly in the middle of that period, thinking of the subsequent processes for rezoning and any

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project of that scale to come in most are likely to be subject to discretionary review and subject to further environmental review. He stated that, given the things they can control and reasonably foresee, they feel comfortable with this estimation and relationship of that capital improvement to replace the sewers in Rockaway and Vallemar relative to the timing of the housing units potentially coming online.

Councilmember Boles stated she saw a reference to 1000 units which the NCCWD had analyzed and decided it was okay within their capacity. She thought that was shy of what they are zoning for. She thought all of this was being reviewed as part of the EIR if there are other capacity improvements they need in other infrastructure.

Planning Director Murdock thought that was a fair statement. He stated that they will make further contact with NCCWD as our water provider. His sense is that they looked primarily at what single family residential development would look like and calculated estimated water usage for those types of developments. The much denser multi-family development that they are anticipating through the Housing Element typically uses far less water. It is not clear that it is an apples-to-apples comparison of the 900 units or so of Water District forecast capacity relative to multi-family housing units forecast in the Housing Element.

Councilmember Boles referred to short-term rentals and stated she was disappointed that there is not more data in the document. She sees that HCD is concerned about the 51 units we lost in Esplanade and wanted to know information about that and low-income residents that were displaced. When she first brought the issue of STRs to the Council, it was an affordable unit and a person being displaced for that conversion; she feels like they are missing data to understand the impact to our affordable housing. Reading all the comment letters from the public now are all related to short-term rentals. She thought it was something the community cares about and she did not feel that they know the impact. As they are starting to work on policies, that would be important to understand. She asked if staff has not heard from HCD asking for any of that information. She knows they quoted certain letters from the public, and she asked if we know for sure that they are not looking for more information for that at this point.

Planning Director Murdock stated that staff has not assessed that HCD requires further analysis of that issue relative to the Housing Element. Regarding her broader range of concerns, he hears that and staff understands, and City Manager has expressed that we are bringing more information to Council outside of the Housing Element process. To the extent she wants that information to support some sort of policy action, he thought the Housing Element will not be a good place to have that information. Short-term rental statistics are dynamic; to dig deeper and stratify that across income levels and displacement will take a fair amount of time, and that information can be put together to support Council action on an ordinance outside of the Housing Element process and serve the purpose of supporting a decision relative to a policy action. He stated that a good place to do that is in the Short-Term Rental Ordinance process.

Councilmember Bigstyck thought their priorities look something like Housing Element, LCLUP, and short-term rentals. He stated that, when he got Cindy Abbott’s letter, he thought that would not cause a problem if they put it in. In his mind he wants to put it in there, and another part of his mind hears that we are trying to get this thing through. He would not mind collaborating with the state in such a way under normal circumstances. He could be convinced otherwise if there is consensus, but he feels that he wants to get this through as he is having trouble with the way the state has conducted the process.

Councilmember Bier is committed to look at our STR ordinance and thinks they are all

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committed to that. She appreciates all the hard work. She had a question outside of the STR, i.e., why there is not a category for extremely low-income.

Planning Director Murdock can say where it fits in. He stated that the RHNA allocations as provided include moderate all the way down to very low-income. What the state allows them to do and what the city has done is use a methodology to allocate for extremely low by splitting the very low 50% to very low and 50% extremely low and that is what they have done and where the figures they see for extremely low-income are coming from.

Councilmember Bier understands there are a lot of questions on CEQA and they will be doing the EIR moving forward for the next phase, rezoning phase 1. She asks, if something goes wrong within that process, whether they have to go back and change the Housing Element.

Planning Director Murdock thought they will not and they would not want to. They would want to exhaust every other option short of doing that because of the risks of reopening the Housing Element, no longer having a certified Housing Element. etc. For the type of EIR that will be prepared for the rezoning program, this type of major rezoning could lead to impacts including potentially air quality issues, greenhouse gas issues, and vehicle miles traveled issues; they are also doing a biological reconnaissance assessment of the sites to see if there are critical resources that cannot be avoided or would be impacted by housing to be developed on those sites. The tools are there to acknowledge and disclose the impacts and still put into place the rezonings that are required without changing the sites. He thought that was ultimately something Council could do, as they can change any policy document. Staff’s strenuous recommendation, except for the most extreme environmental impact that could not be mitigated, while keeping the site, is that they would not recommend reopening the sites after adoption.

Mayor pro Tem Beckmeyer wants go back to the issue of short-term rentals. She agrees with statements that other councilmembers have made and others that the community seems to be looking for a commitment from Council that would seal the deal for the community that has communicated with them many times and will continue to do so on this issue. She knows it is not the agendized topic and asked the Asst. City Attorney if it is within the scope.

Asst. City Attorney Murphy agreed that she was discussing its inclusion in the Housing Element.

Mayor pro Tem Beckmeyer thought she concurs with Councilmember Bier that this Council has indicated a support for discussing this issue at length and implementing an update to our ordinance. She was not sure putting those words into the document equates to studying the impact of not permitting unhosted rentals. She was not comfortable making that sweeping of a policy commitment when they have not had an opportunity to have our staff vet it. Even within the documents presented to Council at this meeting and through email and public comment, not every community in San Mateo County is not permitting unhosted rentals. She understands, as she has been pushing this issue for a while and did call for a moratorium on short-term rentals and was informed by our City Attorney that it is not a great strategy to accomplish what they want to accomplish. She stated that Council is very committed to addressing this issue due to the fact that they already have an ordinance and already in practice with permitted folks doing work with short-term rentals unhosted. She stated that reality is unfortunately before them, and she is pushing staff all the time about this. She referred to 27 words presently in the document and referred to other planned documents, stating there is a time element in the creation of these documents and there is an arc over which they are working. She referred to agenda packet page 458, Section B6, referenced by Cindy Abbott’s email, and the phrase specifically refers to the city putting additional regulations such as a cap on short-term rentals; she stated that is a

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future action they are going to take, and when this was written, that was probably true, but as of a specific date, there has been a vote for a cap and there is a cap. She asked if it is triggering if we stated that fact in our document. She understands the issue and appreciates everyone’s urgency on this of not triggering a review and opening up a big issue. She concurs with the sentiment that at the end of the day HCD is not worried about this issue.

City Manager Woodhouse appreciated her comment, and he pointed out that the short-term rental cap is a work in progress and not implemented in the coastal zone and is under review by the Coastal Commission. The way that it is worded, that they are working on that option now and is not done, is accurate.

Mayor pro Tem Beckmeyer concluded it has not been approved by the Coastal Commission.

They submitted it, and they gave a response about getting back more information to them, and then it will be scheduled as an item.

City Manager Woodhouse responded affirmatively.

Councilmember Boles referred to amendments, etc., and she shows the Planning Commission does that in terms of changing the Emergency Shelter Ordinance we just had, and she asked the City Attorney previously if they wanted to make any changes but not complicate things and have to go back to Planning Commission, as long as it was something clearly directed and deliberated before, legally that is okay. Whether HCD picks up on it or not is a different question. She was looking at some of that language and she understood that the cap is still in progress. She stated that clause “the growing popularity of short-term rental market contributes to displacement pressure” bothers her as it makes it sound like something out of our control and part of the popularity is that we are on the coast and people like places with ocean views, etc., and other cities like Half Moon Bay have passed limitations. She stated that, in the data from other cities, almost all of them limited unhosted to either somewhere between 0 and 120 days.

She stated that it does not mean that the house has to be empty all the time but somebody has to live there part of the year or it is vacant. She agrees that it needs to come back. She thinks they have not done the analysis and the market conditions that contribute to our problem are because a lot of the other cities have passed regulations and it is more popular to buy and convert places to short-term rentals here, where we are more lenient and allow rentals all year long. She is missing the data she wished they had.

Mayor Vaterlaus stated that this is something they are looking at in the future. They cannot add something that is not in our ordinance into the Housing Element as it is arbitrarily felt like in the public that they should add that but is not in our ordinance. They are discussing the ordinance further down the line and they keep discussing the Short-Term Rental Ordinance which has nothing to do with the Housing Element at this time because our regulations we have are what we have and not what we are going to look at in the future.

Councilmember Boles added that the analysis of the impact to our housing is not here. That is her comment, not that she is advocating to changing the wording, as she thinks it needs a bigger conversation. She stated she was going to suggest adding instead, as they have had discussion, and Planning Commission has given specific policies to look at and think about, that we are not just working on the cap but considering imposing limitations on unhosted rentals.

Mayor Vaterlaus asked why she is being that specific, as they are going to look at the whole STR ordinance, not just hosted and unhosted.

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Councilmember Boles again wished they had the data as they do not know how many of ours are unhosted versus hosted.

Mayor pro Tem Beckmeyer agreed and wished they had the data as well. She stated that the good news on that is that it is coming.

Councilmember Bier agreed we need it.

City Manager Woodhouse stated that at least 95%, if not 100%, of STRs in Pacifica are unhosted. There is a significant number, and it creates a significant policy issue with a lot of other factors; that is the intent of undertaking the robust holistic look at all the data and study about the STR ordinance. It is going to be very complex. Council will make very informed policy decisions in the future, based on all of that data. He stated, going back to the Housing Element, any change to the language, even the four simple words where it uses the word unhosted, one of the questions it could be is that HCD staff could ask how you define unhosted, and that raises the question, as we do not know because Council has not had that policy discussion to define for Pacifica what unhosted means. The balancing question they are expressing is that it is a very triggering issue and a triggering phrase. He is recommending that they do not invite additional discussions on STRs, although HCD could in the next go-around comment if they choose to.

Councilmember Boles stated she had one more question on short-term rentals. On page 51 of the redline version, on fair housing issues, before HE-I-8, it says “no loss of existing deed restricted affordable units in the planning period” and “no net loss of affordable housing units following any construction, redevelopment or demolition project resulting in the removal of affordable housing units”. She asked if that language applies to short-term rental conversions as well.

Planning Director Murdock stated, to the extent of the loss of a deed restricted affordable housing unit was the result of short-term rentals, that would be a connection.

Councilmember Boles thought it would apply. She is thinking of the people who were displaced for construction projects and then the project was converted from a unit of housing to a shortterm rental. She stated that, if they are saying it is a metric, how are they measuring that for short-term rentals.

Planning Director Murdock thought it would be likely challenging to do that within the current policy framework and the types of information that the ordinance requires them to collect in the current ordinance. He stated figuring out the best ways to address short-term rentals that might be proposed in a deed restricted affordable housing unit seems like a sensible part of the broader STR discussion to have at the time when they are talking about the ordinance.

Mayor Vaterlaus stated that the deed restricted units for low-income housing have a deed restriction.

Councilmember Boles stated that the second sentence does not say deed restriction.

Councilmember Bier stated that Councilmember Boles’ advocacy will be important in our next conversation. She is looking forward to that and counting on her for that.

Councilmember Boles asked staff to talk more about deed restrictions. They are planning all

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these extremely low-income, very low-income, low-income, etc. and she asked if the Housing Element describes any of that. If those types of units are proposed, what are the deed restrictions, rental rates, terms of the restrictions, and where is all that defined.

Planning Director Murdock stated that it is currently in the city’s inclusionary zoning program where affordability requirements are set forth based on ownership of rental units; that is one place where you will find some of those criteria currently in the city’s regulations. He thought Consultant Sandy Council could elaborate more on 100% affordable housing projects that would not be subject to the city’s BMR ordinance and how, in her experience, those are worked through between the city and the developer and put into place.

Consultant Council stated that, to count all the affordable units, once you start doing your annual reports and evaluating the Housing Element, the state asks whether the low-income units you’re counting are deed restricted or not. She stated it was typical, especially on 100% affordable housing project that has many layers of financing, and every layer has its own criteria, and there are definitely recorded documents that call out the different rent levels and all of the affordability related requirements. She asked if, on the inclusionary units, there are deed restricted documents that are reported.

Planning Director Murdock responded affirmatively.

Asst. City Attorney Murphy stated that any density bonus projects that are counted as affordable units would have deed restrictions or any projects that come in with 20% affordable, seeking by right approval, would also have deed restrictions. There are a number of different vehicles by which the city could require deed restrictions.

Councilmember Boles asked if they can point them to inclusionary ordinance and is it something they are suggesting that they review in the next few years.

Planning Director Murdock stated that the inclusionary zoning is in Article 47, Chapter 4, Title 9 of the Municipal Code. One of the programs (HE-I-6) in the Housing Element does indicate revisiting the program, considering the city’s current inclusionary zoning standards and determining whether they should be modified, such as going from 15% to 20% requirement, placing a greater emphasis on fee payment rather than on site construction, or changing the required income levels of the units that are provided. There are a number of different policy levers for Council to consider modifying, all of which have different tradeoffs, relative to incentivizing or disincentivizing housing construction, and so on. That is something contemplated in the Housing Element currently to have that broad discussion of whether to make those types of ordinance updates.

Councilmember Bigstyck thought the deed restrictions usually up to about 45 years. He was interested in that part of our Housing Element that says that once this gets passed, in the next couple of years, they will have the opportunity to talk about boosting our inclusionary ordinance from 15% to 20%, let alone going from a 45-year deed restriction to in perpetuity, which he was inspired by an ABAG conference about protecting and preserving, and they were talking about how some cities have actually figured out that they can do it in perpetuity rather than capping it at 45.

Planning Director Murdock stated that it was an opportune time to do it because the Housing Element is setting the conditions for many more projects to be subject to the BMR inclusionary zoning ordinance. Historically they have had more allowable densities, smaller projects sites,

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and as a result many projects coming in below the 8-unit minimum. It was a great time to consider revisiting that and applying best practices to get the best outcome for our community in such an ordinance update.

Councilmember Boles stated, as they go from here to goal setting, she thought there was so much on the plate in the Planning Department and hiring consultants with work that they are all going to be doing and she hopes that it will be brought to Council in detail in terms of whether they need other staff support, etc., to help but also to talk about some of the priorities because she thinks they will be getting some bigger projects and what is critical to make sure we are getting the right kind of housing. She stated HE-G-2 talks about supporting preservation and affordability in mobile home communities and she wanted to clarify that is just Pacific Skies Estates property on Palmetto.

Planning Director Murdock stated it is just the Cottages at Seaside, the last name of the mobile homes.

Councilmember Boles thought Pacific Skies is the new one.

Mayor Vaterlaus thought Cottages is the new name.

Councilmember Boles stated no, they changed it again recently. She thought maybe they preserve that community but it is not affordable housing anymore. She is not sure this is a good example of protection from displacement and preserving affordable housing. She referred to page 50 on the redlined document where it talks about developing an inventory of extremely low-income owned and rented units, and she wanted to confirm that was for the whole city, not just the coastal zone. She asked how we are planning to do that, and if it is possible to expand it beyond extremely low-income to very low-income and low-income.

Planning Director Murdock stated that the program, HE-I-7, is referring to the city’s obligation to keep track of these units and try to prevent their conversion or loss to non-lower income housing units. He thinks they are trying to specifically beef up the information they have on extremely low-income units by making contact to those properties where they believe they may be present, like Casa Pacifica or some of the other senior affordable housing they have.

Otherwise, new extremely low-income units will be coming on line potentially through new policies and programs in the Housing Element, and they will have the opportunity at that time to also track their creation on a city maintained list.

Councilmember Boles stated that we are assuming that we know through deed restrictions or something which units are extremely low-income.

Planning Director Murdock is suggesting that they may not know all of them, and that is part of the outreach process to these operators. They know they are, in general, lower income units, primarily in our community serving seniors for example, all of the particular income levels we may not know in every case. This is committing to building up that information through inquiry to those operators.

Councilmember Boles referred to Section HE-I-8 which talks about rehabilitation of homes in lower resource and coastal zone areas, and number 6 has coastal housing preservation program. She wondered why that was only for the coast and not other lower resource areas.

She wondered what other lower resources areas are defined as.

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Planning Director Murdock stated that the lower resource areas are mapped and the map packet is part of the Housing Element.

Councilmember Boles stated the north end of town mostly.

Planning Director Murdock agreed. He stated that the coastal housing rehabilitation program or preservation program reflects the analysis of impacts to our housing, reflecting the coastal environment and recognizing that those properties closest to the coast are most impacted by the severe weather and the deleterious effects of the salt air; they tend to have more of those maintenance needs than properties further inland in our community. That is where it is coming from, i.e., identified impact and trying to put something in place to address it to preserve those housing units for the long term.

Councilmember Boles stated that this was also about helping seniors age in place and making sure people can stay in their homes longer. She knows that is specifically an issue in Westview where there are more affordable homes now and people do not have those resources. She wondered if they can expand that policy beyond the coastal zone to lower resource areas since that is the category that this discussion is.

Planning Director Murdock thought, within that program, looking at items 3 and 5, they essentially address that. One target group are lower income individuals, those that may not have the means to proactively maintain their property, and trying to connect them with resources, in addition to targeting the coastal areas that are subject to the most severe property maintenance challenges, given their proximity to the shoreline.

Councilmember Boles stated she had a few questions about ADUs. She asked if we currently have a minimum square footage requirement.

Planning Director Murdock stated state law requires the city to allow efficiency units as small as 150 square feet, and that is functionally the minimum that the city must allow.

Councilmember Boles thought that was about the size of a tiny home so that is permissible as an ADU.

Planning Director Murdock states, regarding a unit meeting the criteria square footage-wise, you might equate it to what it is like to operate in a tiny home.

Councilmember Boles referred to page 46 on the redlined document where it talks about monitoring the affordability of ADUs, and she asked how we do that.

Planning Director Murdock stated it was quite challenging. They are contemplating to partner regionally with 21 Elements and others to put a regional system in place to come up with a common methodology to do that, but ultimately it is going to be less than 100% perfect, given the challenges. There is no obligation for a private property owner who has an ADU to even respond to our request for that kind of information and it is the best attempt to learn more about the income levels of the individuals occupying those units.

Councilmember Boles stated it was troubling because we are counting a lot of our housing and assuming ADUs are more affordable because they are smaller but we have no way of knowing how many of those are rented.

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Planning Director Murdock stated that the assumptions of the income levels contained in the Housing Element are based on data of regional surveys of actual income levels from those survey responses received. He questioned if Pacifica’s experience will be exactly the same.

He stated that we have available data on ADU income levels in our region and that was used to inform the income breakdowns assumed for our RHNA in the ADU strategy.

Councilmember Boles thought there might be a typo on the back up action item, page 46 of the redline, page 36 of the Housing Element, and thought it should say “less than”.

Consultant Aknin agreed and stated that the intention is that it is “less than”.

Councilmember Boles referred to Councilmember Bigstyck mentioned increasing from 15% to 20%, but if they did that, she asked if it would mean that is required for all of our projects and everything would be in the ministerial review.

Planning Director Murdock thought that was possibly correct. He stated that it is a little more qualified than that, but many more sites would be subject to ministerial approval on that characteristic alone. It would not necessarily be every project on every site but they have a lot of rezoning sites and those would be subject to that in most cases. Thinking about the objective of policies is that you create affordable housing, that is a strong incentive to create affordable housing when there is a ministerial approval process that is more certain faster and less costly and a lot of what the Housing Element is intended to do.

Asst. City Attorney Murphy added that the program, where there is a discussion of requiring a minimum of 20%, that is going to be analyzed in the study and the program is to prepare a study making recommendations on that and will come back when this program is implemented.

Mayor Vaterlaus stated that cities do not build housing, but that other people do.

Councilmember Bier stated it will be important for them to figure out inventorying residences.

Councilmember Bigstyck asked if there was additional updated language to incorporate into the motion not reflected in the staff report.

Planning Director Murdock restated that it was renaming program HE-I-3 to say “public” instead of “school”.

Councilmember Bier moved to adopt the Initial Study/Negative Declaration, revise the Draft Housing Element to rename Program HE-I-3 to “Master Planning and Implementation for Public Sites”; Approve the 2023-2031 Housing Element of the General Plan, and incorporate all documents and testimony into the record by reference; seconded by Councilmember Bigstyck.

Councilmember Bigstyck wanted to take one more opportunity to thank Consultants Carol Johnson, Sabina Mora, Sandy Council, Aaron Aknin, and Nick Hamilton; Sr. Planner Brianne Harkousha, Asst. City Attorney Karen Murphy, Planning Director Christian Murdock and Commissioner Greg Wright; as well as City Manager Woodhouse, City Clerk Sarah Coffey, and Dep. City Clerk Emily La for over two years of work.

Mayor Vaterlaus and Mayor pro Tem Beckmeyer agreed.

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Attachment: Attachment B: Minutes of 01-22-2024 Special and Regular Council Meeting (5568 : Approval of Minutes) City Council Regular Meeting 20 January 22, 2024
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Mary Bier, Councilmember
SECONDER: Tygarjas Bigstyck, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
CONSIDERATION - NONE.

ADJOURN
Mayor Vaterlaus adjourned the meeting at 9:41 p.m.

Transcribed by Barbara Medina, Public Meeting Stenographer.

Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Sue Vaterlaus, Mayor

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Attachment: Attachment B: Minutes of 01-22-2024 Special and Regular Council Meeting (5568 : Approval of Minutes)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
2/12/2024
1 SUBJECT:

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

RECOMMENDED 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.

STAFF CONTACT:

Roland Yip, Deputy Director of Public Works/City Engineer 650-738-3767
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

On January 22, 2016, the Director of Emergency Services proclaimed the existence of a local emergency along the Pacifica coastline from Westline Drive to the end of Beach Boulevard due to El Nino storm activity. Extreme wave heights for extended periods of time caused top-of-bluff retreat at several locations along the Pacifica coast and damage to City infrastructure. Since this date, the Director of Emergency Services has proclaimed the existence of other local emergencies along this same stretch of coastline. These emergencies are described below:
• Failure of the sea wall and promenade on Beach Blvd. (in the vicinity of Santa Maria Avenue), which have been repaired, from the January 22, 2016 storm. • The 300 & 400 block of Esplanade experience episodic bluff erosion. In recent years (2016-2018), the bluff erosion has progressed to a point where the erosion is now threatening public infrastructure and utilities.
• Undermining of a eight-foot diameter storm drain outfall and concrete headwall for the discharge of Milagra Creek into the Pacific Ocean in the vicinity of 700 Palmetto Avenue from the January 22, 2016, storm. The project was completed on April 24, 2023. • A failure of the seawall and promenade on Beach Blvd. in the vicinity of Santa Rosa Avenue and the Pier was discovered on December 16, 2020. Ocean waves, king tides, and high swells undermined a portion of the sea wall and created a large void (25’x25”) between the pier abutment seawall connection, affecting the sidewalk and promenade.

City staff and contractors stabilized and repaired the large void on January 22, 2021.

The sidewalk and promenade restoration were completed on February 22, 2021.

Monitoring of the repaired area is on-going.
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• On December 29, 2020, another failure of the seawall occurred approximately 150-200 feet north of the intersection of Beach Blvd. and Santa Rosa Avenue. A void, approximately 10’ deep by 15’ long, was found behind the seawall and was repaired with geotextiles and concrete slurry on January 5, 2021. Full restoration of this section was complete in February 2021. Monitoring of the repaired area is on-going. • On January 14, 2021, a combination of high tides and large waves damaged a forty-foot section of the Pacifica Municipal Pier’s west facing deck and concrete railing. Following this event, the Pier was closed due to safety concerns. City staff requested a structural engineering assessment of the above deck pier elements and a proposed repair and associated cost from a local engineering consultant. This information was provided to the City at the end of March 2021. The pier was reopened on April 2, 2021, but the damaged portion was fenced off for safety reasons. The City is currently moving forward with a repair project and is designing the repair. Construction will be funded by grant money provided through a Senate Bill 129. The City Council approved a resolution on December 13, 2021, to approve the application of the state grant funds for the repair of the pier and the application has been sent to the State Department of Parks and Recreation for processing. On May 13, 2022, the City received a Coastal Development Permit waiver from the California Coastal Commission to perform this work. A bid opening for the repair was held on June 9, 2022, and the City received one bid, which was $2 million above the project budget. Council rejected the bid and authorized the project to be rebid. The rebid for replacing the guardrails in need of immediate repair came in over $1.4 million and all of the guardrails at $4 million. As the project was beyond what had been funded for the project, the City pivoted to do further inspections on the pier before a sizable investment is made in fixing the guardrails, since it was prudent for the City to understand the full needs of the pier. The 2023 Pier Condition Assessment Report has been finalized and is able to be viewed at www.cityofpacifica.org/pier. In summary, the 2023 report notes that the end of the main pier and L-section of the pier is in serious condition and should be fixed within the next two years. The remaining area of the main pier is considered in poor condition and should be repaired within four years. This report does not include the new damage sustained during the Dec. 28, 2023, high tide/big wave event. The structural engineers determined there was additional damage to the piles, handrails, and deck. The structural engineers recommended limiting public access on the pier to approximately half of the main pier deck until a complete assessment be made after the winter storms. • In November of 2023, a failure behind the seawall was discovered at the intersection of Beach Blvd. and Salada Ave. A void approximately 40’ long and 12’-15’ deep (2’-7’ in width) was found behind the seawall and was repaired with concrete and cement slurry.

The final sidewalk replacement was completed at the end of December 2023. • On Friday, December 29, 2023, another failure behind the seawall was discovered at Beach Blvd. and San Jose Ave. and was temporarily plugged. The final repair was completed on January 3, 2024, with the final sidewalk section and wall completed a week later. The total repair area was approximately 300 sf.

The City Council first ratified this proclamation (Attachment 1) at its regular meeting of January 25, 2016. Since that date, additional damage had occurred along Beach Boulevard and Esplanade Avenue as noted above.
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Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on January 25, 2016, and since that time staff has brought the continuance of Proclamation confirming the existence of local emergency exists within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard every 30 days with January 8, 2024, being the most recent.

The City is using a combination of city staff, contractors, and consultants to manage the discussed emergency work. Staff will bring recommendations to the Council to end the emergency designation for projects on the list once conditions stabilize and the projects are no longer in need of the emergency designation.

The City Manager recommends that the City Council make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.

FISCAL IMPACT:

None.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (PDF)
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"ATTACHMENT 1"

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Attachment: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (5566 : Continuation of "ATTACHMENT 1"

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Attachment: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (5566 : Continuation of

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
2/12/2024
1 SUBJECT:

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

RECOMMENDED 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.

STAFF CONTACT:

Lisa Petersen, P.E., Director of Public Works
(650) 738-3767
[email protected]
Louis Sun, P.E., Deputy Director of Public Works - Wastewater (650) 738-4660
[email protected]
BACKGROUND/DISCUSSION:

On Monday, March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at Pacifica State Beach. After Public Works staff investigated the report, it was determined that the storm drain pumping system and roof/bathrooms were damaged during the fire. The engines were destroyed, and the pumps needed to be replaced.

The damage to the pump station threatened and continues to threaten the safety of persons and properties within the watershed due to the risk of flooding without an operational pump station.

The City of Pacifica’s Emergency Plan and Section 4-2.01 et seq. of the Pacifica Municipal Code empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when there is an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and properties within this City.

The proclamation is subject to ratification by the City Council within 7 days, pursuant to the Pacifica Municipal Code. The proclamation of the existence of a local emergency further designates the City Manager or designated representative to act on behalf of the City for public assistance and for individual assistance for purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain available State and Federal assistance.

Additionally, pursuant to Section 3-15.09 (A) of the Pacifica Municipal Code, in cases of an emergency the City Manager is authorized to proceed at once to replace or repair any public facility without adopting plans, specifications, or working details, or giving notice for bids to let contracts. The City must comply with Public Contract Code Section 22050, which provides a process for City Council’s review of the emergency action if notice of bids to let contracts for public projects will not be given because of the emergency.

In this case, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure, which 4 Packet Pg. 68
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requires immediate attention and constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code Section 1102.

Such conditions are, or are likely to be, beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency design and repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contracts. Immediate action is, and continues to be necessary, due to the clear and imminent danger presented by any storm event that could occur during the time the storm water pump station is non-functional. Flooding could occur to areas upstream of the pump station, causing health and safety issues, as well as extensive property damage. As such, on April 8, 2020, the City Manager did proclaim the existence of a local emergency within the City and the need to continue the emergency action continues as the repair will take approximately 8-14 months or longer. The Proclamation of Local Emergency is attached to this staff report as Attachment 1.

City staff contracted with the civil engineering firm of Schaaf & Wheeler of San Jose, California to assist the City with the rehabilitation of the pump station. On July 13, 2020, the City Council approved construction services agreement for rebuild and re-installation of a pump and gear drive, the renovation of bathrooms, purchase and installation of new stainless-steel doors, and repair pump station wet-well grates. As part of the on-going maintenance for the pump station, staff purchased a new pump which was approved by the Council at the August 9, 2020, City Council meeting. An emergency purchase agreement with Herc Rental for a temporary rental engine was also approved on September 1, 2020, and will remain in place until the pump station is operational. On October 12, 2020, temporary measures were completed to allow for a nonstandard system of pumping at the Anza Pump Station until final repairs are completed. This work included a new pump, transfer switch, temporary roof, portable generator connections, and exterior double doors have been installed. Staff is continuing to evaluate and monitor storm water flows and purchased two new sump pumps to accommodate flows.

On May 10, 2021, City Council approved the purchase of two new Caterpillar engines utilizing the City’s established Sourcewell Cooperative Purchase Agreement. The rehabilitation plan is currently 100% completed, and staff has completed the engineering review. The roofing plan was approved by the Building Department. The City entered into an agreement with PG&E to tap the gas main and install a new gas meter.

During a storm event on the morning of December 16, 2021, the City experienced some flooding in the lower Linda Mar area due to the temporary nonstandard pumping system that has been in use at Anza pump station due to the fire damaged pump station engines in March of 2020. This temporary system has been in place because the City had been working to reach agreement with the California Coastal Commission on the remaining permitting requirements for the permanent pumping system. The City faced several significant stormwater related events from October 2021 through December 2021 and will face more with the continuing storm season. Replacement of this temporary system is considered an emergency and staff is moving forward with construction of the permanent system. To further improve operations between now and when the Anza Pump Station Repair Project is completed, the City recently purchased a small diesel engine that will be used to drive one of the existing smaller stormwater pumps, thereby improving pump station resiliency in the interim.

The City Council approved an agreement for DW Nicholson (DWN) to construct the Anza Pump Station Repair Project. Construction began on May 1, 2022. Ghirardelli and Associates were also approved to manage the construction work. The two new gas engines were delivered and installed in December 2022; the third new gas engine was installed in June 2023 and the new 2- inch PG&E gas service line for the new gas engines was completed May 2, 2023; All Anza Pump Station bathrooms were opened by August 25, 2023. Startup and testing of the new 4 Packet Pg. 69
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Engine#1 and Engine#4 have been completed and are now in service. Pump #3 was installed in early January 2024, and Peterson (the engine vendor) is currently startup and testing for Engine#3. The electronic control panel for automatic operations was also installed in late December 2023. City staff installed a temporary level control system in December 2023 which will remain in place until the automatic operations work is completed. The mechanical portion of this project is near completion. The remaining work is programming for the automatic operations, and complete Engine#3 startup and testing. The estimated completion of the remaining work is in mid-March 2024.

Pursuant to Government Code Section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on April 13, 2020, and since that time staff has brought the continuance of Proclamation confirming the existence of local emergency at the Anza Pump Station every 30 days with January 8, 2024, being the most recent.

The City is using a combination of city staff, consultants, and contractors to manage the emergency work related to the Anza Pump Station repair project. The City Manager recommends that the City Council make a determination that conditions of local emergency continue to exist at the Anza Pump Station at the Pacifica State Beach. Staff will continue to update the Council on the progress of this emergency work monthly through the emergency declaration Council reports.

FISCAL IMPACT:

There is no fiscal impact to continue this local emergency.

ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:

Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (PDF)
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RESOLUTION NO. 19-2020

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY AT THE

ANZA PUMP STATION AT THE PACIFICA STATE BEACH
______________________________________________________
WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code (“PMC”) designate the City Manager as the Director of Emergency Services; and
WHEREAS, Government Code section 8630 and PMC section 4-2.05(a) empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by an emergency, subject to ratification by the City Council; and
WHEREAS, Section 4-2.02 of the PMC defines "emergency" as the “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as earthquake, hazardous materials, plane crash, landslide, tsunami, epidemic, flood, riot, fire, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat”; and
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council; and WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated the report, it was determined that the storm drain pumping system was damaged during the fire and that the engine and the motors would need to be replaced; and
WHEREAS, the damage to this pump station threatens the safety of persons and properties within the watershed due to the risk of flooding that can occur without an operational pump station; and WHEREAS, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure due to the risk of flooding and requires immediate attention and repair and as such constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code section 1102; and WHEREAS, such conditions are beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contract, ATTACHMENT 1

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5562 : Continuance pursuant to Public Contract Code 22050; and
WHEREAS, on April 8, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the damaged condition of the Anza Pump Station is likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and WHEREAS, in accordance with Government Code section 8630 and PMC section 4-2.05(a) the City Council must take action to confirm the proclamation within 7 and in accordance with Public Contract Code section 22050 which requires confirmation by 2/3 of Council within 14 days of the emergency action.

NOW, THEREFORE, BE IT RESOLVED that said Proclamation of Existence of Local Emergency, as issued by said City Manager in his capacity as Director of Emergency Services, which is attached hereto as Attachment “A”, is hereby ratified and approved by the City of Pacifica City Council.

BE IT FURTHER RESOLVED that said local emergency is confirmed to exist and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Pacifica.

BE IT FURTHER RESOLVED that during the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services, and the emergency organization of the City of Pacifica shall be those prescribed by state law, by the existing ordinances and resolutions of the City of Pacifica, as well as this resolution and any subsequent emergency orders of the City Council. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of April 2020, by the following vote:

AYES, Councilmembers: Martin, Beckmeyer, Vaterlaus, Bier, O’Neill NOES, Councilmembers: None.

ABSENT, Councilmembers: None.

ABSTAIN, Councilmembers: None.

CITY OF PACIFICA
Deirdre Martin, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5562 : Continuance

PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council at the earliest possible time; and
WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a call regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated, and determined that the storm drain pumping system was damaged during the fire; and
WHEREAS, the damage to the pump system threatens the safety of persons and property, including critical public infrastructure; and
WHEREAS, such conditions are or are likely to be beyond the handling capabilities of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair; and
WHEREAS, the City provides this written notification to the San Mateo County and State CalEMA’s Regional and Headquarter offices of a proclamation of local emergency; and WHEREAS, such proclamation shall be subject to confirmation by the Pacifica City Council at the earliest possible time.

NOW, THEREFORE, BE IT PROCLAIMED that, in accordance with State Law and the City of Pacifica Municipal Code, the Director of Emergency Services proclaims the existence of a local emergency for the Anza Pump Station.

DATED: April 8, 2020
By:_____________________________
Kevin Woodhouse
Director of Emergency Services
Attachment 1

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5562 : Continuance

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5562 : Continuance

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
2/12/2024
1 SUBJECT:

Continuation of Proclamation of Local Emergency related to December 28, 2023, High Tide/Large Wave Events
RECOMMENDED ACTION:

Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist related to December 28, 2023 High Tide/Large Wave Events.

STAFF CONTACT:

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

On January 5, 2024, the City Manager, acting in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency pursuant to PMC 4-2.05(a) and executed the "Proclamation of the Existence of a Local Emergency" ("Proclamation"). The proclamation was ratified by the City Council on January 8, 2024.

The storm event that occurred on December 28, 2023, resulted in dangerous conditions and public safety concerns and caused damage to Pacifica’s coastline. The events brought large waves combined with high tide that damaged coastal access amenities at Beach Boulevard and Rockaway Beach. Damage included destroying bollards, trash cans, public benches, light posts, and protective railings. Additionally, the Pacifica Pier was damaged, requiring closure for public health and safety until assessment and repair can be completed. The event also created a hole in the seawall at Beach Blvd. and San Jose Ave., requiring 300 square feet of area behind the wall to be temporarily repaired to protect public infrastructure. Additionally, the event created flooding on streets and adjacent properties. Finally, the event brought significant amounts of sand onto the streets and parking lots that will need to be cleared for safe public access.

The Public Works, Fire, and Police Departments, worked diligently through the high tide/large wave event to keep the public safe.

FISCAL IMPACT:

To be determined. The Proclamation of Local Emergency is a prerequisite for requesting state or federal assistance. The City will seek to recover expenses related to preparation, repair, and recovery from this event.

ORIGINATED BY:

Public Works
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ATTACHMENT LIST:

Attachment A: Resolution No. 07-2024 - Ratifying Proclamation Local Emergency Dec 28,2023 High Tide / Large Wave Event (PDF)
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Attachment: Attachment A: Resolution No. 07-2024 - Ratifying Proclamation Local Emergency Dec 28,2023 High Tide / Large Wave Event (5576

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Attachment: Attachment A: Resolution No. 07-2024 - Ratifying Proclamation Local Emergency Dec 28,2023 High Tide / Large Wave Event (5576

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Attachment: Attachment A: Resolution No. 07-2024 - Ratifying Proclamation Local Emergency Dec 28,2023 High Tide / Large Wave Event (5576

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Attachment: Attachment A: Resolution No. 07-2024 - Ratifying Proclamation Local Emergency Dec 28,2023 High Tide / Large Wave Event (5576

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
2/12/2024
1 SUBJECT:

Resolution to Approve an Additional Operator III – Plant Operation position for Public Works Department
RECOMMENDED ACTION:

Adopt a resolution approving to add a full time Permanent Operator III - Plant Operation position to the position control in Public Works Wastewater Division, at an estimated annual cost of approximately $192,000.

STAFF CONTACT:

Irene Camarena, HR Manager
650-738-7303
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

The City of Pacifica has continued to struggle with maintaining appropriate staff levels for the critical operators of the City’s Calera Creek Water Recycling Plant (Plant). To operate the Plant alone, the State of California requires a minimum of an Operator Grade II certification.

There are a limited number of qualified operators with this certification in the area.

Additionally, Pacifica has only two positions for Operator III, making any required after-hour work due to maintenance issues or large storm events difficult to schedule without overloading the existing staff. Recent unanticipated, yet necessary, operator staff leave has also left the Plant in a difficult position to stay functioning during these circumstances. With both an aging Plant that often requires oversight in operations after hours due to maintenance issues and continued significant storm events, it is critical that the Plant has adequate coverage, and an additional Operator III position is needed.

Additionally, the City experienced an unusually high number of resignations in the Plant operations section following the extraordinary storm season of 2022/23, and that experience also demonstrated the need to have adequate Plant operator coverage. Wastewater management has worked with Human Resources (HR) to fill these critical vacant spots, but filling these vacancies is often a slow and difficult process. Another complication to the operator staffing at the Plant is that the typical training period for an operator is longer because of the unique nature of the Plant.

Because of these challenges, staff explored and evaluated the possibility of adding an Operator III - Plant Operation position. Staff reached out to Bartle Wells Associate (BWA), the City’s financial consultant for sewer rate studies, and requested a review of current rates for supporting an added position . BWA concluded this review and confirmed the current 6 Packet Pg. 81
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sewer rates can support the added position.

To assist Wastewater with the plant operator staffing challenges, on October 9, 2023, the City Council approved a contract for an Operator III Wastewater Plant position in the amount not to exceed $200,000 with Aqua Staffing. The contract operator's help started in November of 2023. During the following two months, staff spent time and resources training the consultant wastewater operator, but unfortunately, he decided to pursue other employment opportunities and quit unexpectedly at the end of December, and Aqua Staffing was unable to identify another contract worker to move into the position. Based on this and the other factors noted in this report, staff believes to provide effective and continuing Plant operational support, especially throughout storm season, an additional full-time permanent Operator III - Plant Operation position is necessary.

Article 4, Section 2-4.401 - Establishment of the Municipal Code establishes the procedures for the City Manager, as Personnel Officer, to create and revise a position classification plan.

Any new or revised classification is officially established upon adoption by the City Council. If the Council approves the addition of this Operator III position to the position control, the City will proceed with the recruitment. There is no change to the job description and compensation schedule.

Therefore, the City Manager is recommending the approval to hire a full-time permanent Operator III - Plant Operation classification position (See Attachment 1) for the Public Works Department Wastewater Division at an estimated annual cost of approximately $192,000 which includes the full spectrum of benefits, including Grade V certification pay, driver’s license pay, and with family level health coverage.

FISCAL IMPACT:

The actual fiscal impact will be dependent on the future employee’s placement salary step with the organization and benefits selection.

POSITION BARGAINING UNIT CURRENT SALARY SCALE
Operator III (Attachment 2
- Job Description)
Teamsters 856 - WW $7,334- $9,325
There is a sufficient budget approved by the City Council on October 9, 2023, for the contract wastewater. This budget will be sufficient to cover the cost of this additional Operator III - Plant Operations position this year, and BWA’s updated sewer rate review and report confirmed the current sewer rate can support adding a Wastewater Operator III. Upon the City Council’s approval, this additional position will be included in the position control, and staff will make necessary adjustments for the mid-year budget and the upcoming FY 2024-25 base Wastewater Fund budget.

ORIGINATED BY:

Human Resources
Public Works - Wastewater Division
ATTACHMENT LIST:

Operator III_FT_04.04.1999 (PDF)
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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING TO HIRE

AN ADDITIONAL OPERATOR III - PLANT OPERATIONS IN PUBLIC WORKS DEPARTMENT

WASTEWATER DIVISION
WHEREAS, Article 4, Section 2-4.401 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, an additional full-time Permanent Operator III-Plant Operation position is needed to provide sufficient operational support and improve the service level provided by the Public Works Department-Wastewater Division, and this classification already exists within the organizational structure of the Wastewater division.

NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica, California, that the additional Full Time Permanent Operator III position is hereby approved in the Public Works Department and added to the Classification Plan with the existing job description and salary.

POSITION BARGAINING UNIT CURRENT SALARY SCALE
Operator III Teamsters 856 - WW $7,334- $9,325
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of February 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 6 Packet Pg. 83

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Attachment: Operator III_FT_04.04.1999 (5574 : Additional Operator III position - WWTP)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
2/12/2024
1 SUBJECT:

Resolution Authorizing Master Consulting Service Agreement, Task Order No. 1 and 2 with S.

R. Rose Engineering Inc., Inc. for the On-Call Project Management and Development Review Staff Augmentation Services Project
RECOMMENDED ACTION:

Move to Adopt a Resolution Authorizing Master Consulting Service Agreement, Task Order No. 1 and Task Order No. 2 with S. R. Rose Engineering Inc., in the amount of $458,505 for the OnCall Project Management and Development Review Staff Augmentation Services Project (Project); and Authorize the City Manager to execute all documents related to the project.

STAFF CONTACT:

Daniel Patten, P.E., Engineering Manager - Wastewater
(650) 922-7248
[email protected]
Roland Yip, P.E. Deputy Director of Public Works - City Engineer (650) 738-3771
[email protected]
Louis Sun, P.E. Deputy Director of Public Works - Wastewater - CPO (650) 738-4662
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

The Public Works Department requires engineering staff to manage capital improvements projects and provide engineering services to the City. The City requires engineering staff to provide project management services for both Public Works Engineering and Wastewater Engineering. Recruitments for full-time City senior level engineering employees is ongoing, however, recruitments in the last year have not produced a qualified final applicant to fill these positions. Because of this, and the urgent need to fill these positions, at the time the City was recruiting for a Principal Engineer position in the fall, staff also issued a RFP for engineering consultant services in case the recruitment again failed. On November 9, 2023, the City advertised a Request for Proposals (RFP) to solicit engineering consultant staff augmentation and on December 14, 2023, fourteen consultants submitted proposals. The fall recruitment failed to find qualified engineering staff to hire, so PW staff assessed the consultant engineering proposals submitted.
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As required by the California Government Code, the RFP utilized a qualifications-based selection (QBS) approach to ensure the City selected the most qualified Consultant for this critical Project. From December 15, 2023 to January 11, 2024, Staff reviewed the proposals and conducted interviews based on the following criteria:
• Fees / Staff Hourly Rates
• Staff Qualifications relating to project management for Public Works and Wastewater Engineering
S. R. Rose Engineering Inc. provided a qualified team per the scope of work in the RFP.

Candidates presented by S.R. Rose Engineering have extensive experience in private development review, and delivery of capital improvements projects in both public and private sector roles that incorporates all aspects of Public Works and Wastewater Engineering. The consultant staff selected have significant engineering experience working in the Bay Area and working with issues faced by the City of Pacifica, including sea level rise, aging infrastructure and coordination across multiple agencies. S. R. Rose Engineering Inc. has experience in wastewater collection systems, pump stations, road, bridge and park projects, and federal grant projects, which will help the Public Works Department deliver capital improvements projects and provide engineering services to the City.

The work under this agreement is divided into two tasks:

Task 1 - Wastewater Project Management Staff Augmentation Consultant shall assist Wastewater Division staff in managing capital improvements projects (CIP). Consultant staff shall manage Calera Creek Water Recycling Plant, sewer collection system and pump station CIP projects and assist the Engineering Manager and Deputy Public Works Director in managing ongoing projects. Typical tasks will include project management, project planning, development of RFPs, writing staff reports and review of engineering drawings, specifications, and reports.

Task 2 - Principal Civil Engineer Staff Augmentation
Consultant shall assist the Deputy Director of Public Works/City Engineer with the management and supervision of the Engineering Division. Consultant shall conceptualize, develop, design, and implement all phases of difficult design and engineering projects. Typical tasks will include contract administration, project schedule coordination, management of consultants and staff, making presentations to the City Council and other boards or commissions.

The following table summarizes the schedule anticipated for the On-Call Project Management and Development Review Staff Augmentation Services Project:

Description Date
Council Approval of Engineering Agreement February 12, 2024 Notice to Proceed February 19, 2024
Agreement Complete March 1, 2025
This proposed schedule will allow the consultant engineering assistance to begin in Spring 2024.

ALTERNATIVE ACTION:

Council may choose not to approve the Master Consultant Services Agreement and Task 7 Packet Pg. 86
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February 12, 2024
Orders No. 1 and 2; however, this will result in the slower and/or delayed delivery of capital improvement projects and engineering services by the Public Works Department. Staff does not recommend this alternate action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the Annual Purchase Orders is consistent with the following Council adopted Goals:
• Improve and steward City infrastructure, streets and facilities:

The consultant engineering assistance will improve the City’s ability to deliver City capital improvements projects and land development projects and complete engineering work more efficiently.

FISCAL IMPACT:

The cost of Task Orders No. 1 and 2 are $458,505. The Source and Use of Funds spreadsheet is shown below. The funds will come from both Wastewater Fund 18 (for Wastewater Engineering work) and the General Fund from FY 2023/24 salary savings and on-going saving while the City is unable to fill budgeted staff engineering positions. It is anticipated that consultant services will average approximately 20 to 24 hours per week individually for Public Works and Wastewater Engineering to align costs with current and on-going salary savings.

Use of Funds (FY 23/24 Salary Savings and On-going Salary Savings)
Task Order No. 1 - Wastewater Project
Management Staff Augmentation
$227,000
Task Order No. 2 - Principal Civil Engineer Staff
Augmentation
$231,505
Total Use of Funds $458,505
Project Fund Source
Enterprise Fund (Fund 18) (Task 1) $113,500
Account No 18.940741.51200.0000.000
Enterprise Fund (Fund 18) (Task 1) $113,500
Account No 18.940742.51200.0000.000
General Fund (Fund 1) (Task 2) $231,505
Account No 01.700723.52800.0000.000
Total Project Fund Source $458,505
Estimated Project Fund End Balance $0
No additional budget authority is necessary as sufficient funds have been allocated in the Wastewater Enterprise Fund 18 and General Fund 1 budgets to fund engineering positions.

ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:

Agreement_1_30_24_SR_Rose_Engineering_Staff_Augmentation-Signed (PDF) 7 Packet Pg. 87
Pacifica City Council 4
February 12, 2024
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

AUTHORIZING A MASTER CONSULTANT SERVICES AGREEMENT AND TASK ORDERS NO. 1 AND 2 WITH S.R. ROSE ENGINEERING INC. FOR ENGINEERING AND PROJECT

MANAGEMENT SERVICES FOR THE ON-CALL PROJECT MANAGEMENT AND

DEVELOPMENT REVIEW STAFF AUGMENTATION SERVICES PROJECT
WHEREAS, the Public Works Department requires staff augmentation to provide engineering and project management services; and
WHEREAS, on November 19, 2023 the City advertised a Request for Proposal (RFP) to solicit proposals for staff augmentation for the Project. Then on December 14, 2023, fourteen consultants provided proposals for the Project; and
WHEREAS, as required by state Government Code, the RFP utilized a qualificationsbased selection (QBS) approach to ensure the City selected the most qualified Consultant for this critical Project; and
WHEREAS, City staff ranked S. R. Rose Engineering Inc. first and determined that they are the most qualified to perform the engineering design of the Project; and WHEREAS, the City Council has considered the City Manager’s recommendation to Authorize the Master Consultant Services Agreement, Task Orders No. 1 and 2 with S. R. Rose Engineering Inc.; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to Authorize the Master Consultant Services Agreement, Task Orders No. 1 and 2 with S. R. Rose Engineering Inc. for engineering and project management services in the amount of $458,505 for the On-Call Project Management and Development Review Staff Augmentation Services Project; and Authorizing the City Manager to execute all documents related to the Project. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of February 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 7 Packet Pg. 88

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
2/12/2024
1 SUBJECT:

Resolution to Approve First Amendment to Communications Site Lease Agreement between the City of Pacifica and American Tower Company
RECOMMENDED ACTION:

Adopt a Resolution to Approve the First Amendment to the Communications Site Lease Agreement between the City of Pacifica and GTE Mobilnet of California LP d/b/a Verizon Wireless (American Tower Company) for Expanded Lease Space Area at Frontierland Park, 900 Yosemite Drive Site.

STAFF CONTACT:

Bob Palacio, Director - Parks, Beaches & Recreation Department 650 738-7382
[email protected]
BACKGROUND/DISCUSSION:

The City of Pacifica and d/b/a Verizon Wireless, by Cellco Partnership entered into an an executed agreement on December 12, 2011 giving permission to construct, maintain, repair and operate a communications facility (cell tower/tree) at 900 Yosemite Drive, Pacifica, CA.

On March 27, 2015 Verizon Wireless entered into a management agreement with American Tower Company to sublease, manage, operate and maintain the premises. ATC has limited power of attorney to prepare, negotiate, execute, deliver and record certain file documents on behalf of the tenant.

On March 10, 2023 American Tower Company, who operates the cell tower for GTE Mobilnet and Verizon, was granted permission to install a 15’ extension to the existing cell tower and make modifications within the footprint of the existing fenced area beneath the tower. That work has since been completed and was necessary prep work to be done prior to the Dish and AT&T installations which ATC is now requesting.
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ATC is now proposing a first amendment to the original agreement. The amendment would allow for two projects to occur. The first is to allow for AT&T to be installed at the premises, which would require an additional 381.58 square feet of ground space to be used for an AT&T equipment installation (expanded lease space area). The second project is a DISH installation project that will require boring beneath the existing Frontierland Parking lot. This will allow a fiber connection from the tower to Yosemite Drive to take place. There would be 3 access covers (see blue dots on construction document photo)
On March 17,2022, American Tower Company submitted a Nonionizing Electromagnetic Radiation Study (NIER). This study is done to evaluate emissions from the tower location and included the proposed new equipment. The results of the study (see page 4 of the attached NIER Study) state “This site “IS” in compliance with FCC OET-65 MPE limits. American Tower Company will have an additional study done when the new equipment is installed to ensure compliance with FCC standards.

ALTERNATIVE ACTION:
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Deny the amendment and give staff alternative direction RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• Enhance organizational stability.
• Improve and steward City infrastructure, streets and facilities.

FISCAL IMPACT:

Revenue, both current and future, are as follows:

Current monthly rent for the Frontierland Tower is $2486.27. The DISH project will bring an additional $940 per month. The AT&T ground extension project will bring in an additional $1100 per month. That will bring the monthly total lease revenue to $4526.27 per month. That overall total is then subject to a 3% escalator annually.

Monthly Rent
Current $2486.27
DISH $940
AT&T $1100
NEW TOTAL $4526.27 + 3% annual increase
ORIGINATED BY:

Parks, Beaches & Recreation Department
ATTACHMENT LIST:

American Tower Company Ammendment (1) 102423 (PDF)
413839 NIER SAN PEDRO VALLEY EAST CA (PDF)
Final DISH_ SFSFO00759A_ ATC 413839 (13705093)_ AE(CD)_ REV9 (PDF) 8 Packet Pg. 114
Pacifica City Council 4
February 12, 2024
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA TO APPROVE THE

FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF PACIFICA AND GTE MOBILNET OF CALIFORNIA LP d/b/a VERIZON WIRELESS
(AMERICAN TOWER COMPANY)
WHEREAS, Landlord (City of Pacifica) and Tenant (or its predecessor-in-interest) entered into that certain Communications Site Lease Agreement dated December 12, 2011 (the “Lease”), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and utilities, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the “Leased Premises”), which Leased Premises are also described on Exhibit A; and
WHEREAS, Tenant has granted American Tower a limited power of attorney (the “POA”) to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA; and WHEREAS, Landlord and Tenant desire to amend the terms of the Lease to modify the Lease as expressly provided herein.

NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and
RESOLVED by the City Council of the City of Pacifica, California, that the First Amendment to the Communications Lease Agreement between the City of Pacifica and GTE Mobilnet of California d/b/a Verizon Wireless, American Tower Company be approved • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of February 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney

EXHIBIT A
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Site No: 413839
Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)

THE FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT This First Amendment to Communications Site Lease Agreement (this “First Amendment”) is made effective as of the latter signature date hereof (the “Effective Date”) by and between City of Pacifica, a municipal corporation, (“Landlord”) and GTE Mobilnet of California LP d/b/a Verizon Wireless, a Delaware limited partnership (“Tenant”) (Landlord and Tenant being collectively referred to herein as the “Parties”).

RECITALS
WHEREAS, Landlord owns the real property described on Exhibit A attached hereto and by this reference made a part hereof (the “Parent Parcel”); and
WHEREAS, Landlord (or its predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain Communications Site Lease Agreement dated December 12, 2011 (the “Lease”), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and utilities, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the “Leased Premises”), which Leased Premises are also described on Exhibit A; and
WHEREAS, Tenant, Verizon Communications Inc., a Delaware corporation, and other parties identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of March 27, 2015 and both with ATC Sequoia LLC, a Delaware limited liability company (“American Tower”), pursuant to which American Tower subleases, manages, operates and/or maintains, as applicable, the Leased Premises, all as more particularly described therein; and
WHEREAS, Tenant has granted American Tower a limited power of attorney (the “POA”) to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA; and
WHEREAS, Landlord and Tenant desire to amend the terms of the Lease to modify the Lease as expressly provided herein.

NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. One-Time Payment. Tenant shall pay to Landlord a one-time payment in the amount of One Hundred and No/100 Dollars($100.00), payable within thirty (30) days of the Effective Date and subject to the following conditions precedent: (a) Tenant’s receipt of this First Amendment executed by Landlord, on or before April 15, 2023; (b) Tenant’s confirmation that Landlord’s statements as further set forth in this First Amendment are true, accurate, and complete, including verification of Landlord’s ownership; (c) Tenant’s receipt of any documents and other items reasonably requested by Tenant in order to effectuate the transaction and payment contemplated herein; and (d) receipt by Tenant of an original Memorandum (as defined herein) executed by Landlord.

2. Additional Ground Space.
a. For good and valuable consideration, the receipt adequacy and sufficiency of which are hereby acknowledged, effective as of the Commencement Date (as defined below) Landlord hereby leases to

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Tenant an additional approximately three hundred eighty one and 58/100 (381.58) square feet of land (the “Expanded Lease Area”). The Expanded Lease Area is described, depicted and/or designated on Exhibit B attached hereto and by this reference made a part hereof. Tenant may use the Expanded Lease Area in the same manner that Tenant is permitted to use the Leased Premises. On and after the occurrence of the Commencement Date, the Expanded Lease Area shall be (and shall be deemed to be for all purposes), without further action of the Parties hereto, part of the Leased Premises and any references to the Leased Premises in the Lease, as amended hereby, shall include (and shall be deemed to include for all purposes) the Expanded Lease Area.
b. Landlord hereby grants to Tenant, American Tower, its officers, agents, employees, customers, and/or independent contractors the right and privilege to enter upon the Parent Parcel, Leased Premises, and/or the Expanded Lease Area at any time on or after the Effective Date, to perform or cause to be performed test borings of the soil, environmental audits, sampling, and/or tests, engineering studies and to conduct a survey of the Parent Parcel, Leased Premises and/or the Expanded Lease Area.

Further, at any time on and after the Effective Date, Landlord hereby grants to Tenant, American Tower, its officers, agents, employees, customers, and/or independent contractors the right and privilege to enter upon and reasonably use the portions of the Parent Parcel immediately adjacent to the Leased Premises and Expanded Lease Area for the purposes of accessing, constructing, installing, repairing, maintaining, and/or removing improvements within the Leased Premises and/or Expanded Lease Area. Landlord will not unreasonably interfere with Tenant’s use of the Parent Parcel, Leased Premises and/or the Expanded Lease Area in conducting these activities. c. “Commencement Date” shall be the earlier of: (i) the date that one of Tenant’s (or American Tower’s) customers commences payment to Tenant (or American Tower) under a sublease, license or other form of collocation agreement that grants said customer use of the Expanded Lease Area; (ii) the date that Tenant (and/or American Tower) issues a written ‘Notice To Proceed’ to one of Tenant’s (or American Tower’s) customers for the purpose of commencing said customer’s installation of equipment on all or a portion the Expanded Lease Area; (iii) if no written ‘Notice to Proceed’ is issued, then the date that Tenant, American Tower, or a customer, licensee, or sublessee thereof commences to install its equipment or other personal property at, on, or within the Expanded Leased Area; (iv) the date that Tenant (and/or American Tower) issues a written notice to Landlord evidencing its intent to commence leasing the Expanded Lease Area; or (v) in the event Tenant (and/or American Tower) commences payment of the additional rent described in Section 3 below (notwithstanding the fact that such payment was not obligated to be made at the time of such payment), the date that such payment commences.
d. Notwithstanding the foregoing, Tenant, American Tower, (or its customers, licensees, and sublessees) shall have twenty-four (24) months following the Effective Date to commence under the immediately preceding clauses (i), (ii), (iii), (iv) or (v) of Subsection 2(c) above (such period, the “Commencement Period”).
e. Effective as of the Commencement Date, the total rent payable under the Lease, as amended hereby, shall be increased by a sum of One Thousand One Hundred and 00/100 Dollars ($1,100.00) per month with a 3% escalator each year . The Parties hereby acknowledge and agree that all applicable increases and escalations to the rent authorized pursuant to the Lease shall continue in full force and effect.

3. Rent and Escalation. The Parties hereby acknowledge and agree that all applicable increases and escalations to the rental payments under the Lease (the “Rent”) shall continue in full force and effect through the Renewal Term. The Parties affirm the applicability of the revenue share as described in Section

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17 of the Lease specifically as it relates to New Cingular Wireless PCS, LLC (“AT&T”) and that the Rent will not otherwise increase as it relates to the collocation by AT&T. Notwithstanding anything to the contrary contained in the Lease, all Rent and any other payments expressly required to be paid to Landlord under the Lease shall be paid to The City of Pacifica by Tenant. Provided, however, in the event that any current sublessee, licensee or any other collocator of Tenant is paying said Rent or any other payments to The City of Pacifica directly as of the Effective Date of the First Amendment, Tenant shall not be obligated to make such payments to The City of Pacifica.

4. Landlord and Tenant Acknowledgments. Except as modified herein, the Lease and all provisions contained therein remain in full force and effect and are hereby ratified and affirmed. In the event there is a conflict between the Lease and this First Amendment, this First Amendment shall control. The Parties hereby agree that no defaults exist under the Lease. By entering into this First Amendment Landlord consents to and approves of the installation of equipment by AT&T at and within the Leased Premises and Additional Lease Area. Upon request by Tenant and at Tenant’s sole cost and expense but without additional consideration owed to Landlord, Landlord hereby agrees to promptly execute and return to Tenant building permits, zoning applications and other forms and documents, including a memorandum of lease, as required for the use of the Leased Premises and/or Expanded Lease Area by Tenant and/or Tenant’s customers, licensees, and sublessees. Landlord hereby appoints Tenant as Landlord’s attorneyin-fact coupled with an interest to prepare, execute and deliver land use and zoning and building permit applications that concern the Leased Premises and/or Expanded Lease Area, on behalf of Landlord with federal, state and local governmental authorities, provided that such applications shall be limited strictly to the use of the Leased Premises and/or Expanded Lease Area as a wireless telecommunications facility.

The terms, provisions, and conditions of this Section shall survive the execution and delivery of this First Amendment.

5. Proprietary and Governmental Roles; Actions by Landlord. Except where clearly and expressly provided otherwise in this Lease, the capacity of the Landlord in this Lease shall be as owner and lessor of property only (“Proprietary Capacity”), and any obligations or restrictions imposed by this Lease on the Landlord shall be limited to that capacity and shall not relate to, constitute a waiver of, supersede or otherwise limit or affect its governmental capacities, including enacting laws, inspecting structures, reviewing and issuing permits, and all of the other legislative and administrative or enforcement functions pursuant to federal, state or local law (“Governmental Capacity”). When acting in its Proprietary Capacity, discretionary actions may be undertaken by the City Manager or other designees as designated by the City Manager to the extent otherwise provided for in this Lease. In addition, nothing in this Lease shall supersede or waive any discretionary or regulatory approvals required to be obtained from the Landlord under applicable law, nor guarantee that the Landlord, in its Governmental Capacity, will grant any particular request for a license, permit or other regulatory approval. Lessee understands that the Landlord may grant or deny such request in accordance with the terms of the Landlord’s codes and regulations, and may impose such terms and conditions as it deems consistent with that discretion and applicable laws.

6. Landlord Statements. Landlord hereby represents and warrants to Tenant that: (i) to the extent applicable, Landlord is duly organized, validly existing, and in good standing in the jurisdiction in which Landlord was organized, formed, or incorporated, as applicable, and is otherwise in good standing and authorized to transact business in each other jurisdiction in which such qualifications are required; (ii) Landlord has the full power and authority to enter into and perform its obligations under this First Amendment, and, to the extent applicable, the person(s) executing this First Amendment on behalf of Landlord, have the authority to enter into and deliver this First Amendment on behalf of Landlord; (iii) no consent, authorization, order, or approval of, or filing or registration with, any governmental authority or other person or entity is required for the execution and delivery by Landlord of this First Amendment; (iv)

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Project No: 13638596 (MB)
Landlord is the sole owner of the Leased Premises and all other portions of the Parent Parcel; (v) to the best of Landlord’s knowledge, there are no agreements, liens, encumbrances, claims, claims of lien, proceedings, or other matters (whether filed or recorded in the applicable public records or not) related to, encumbering, asserted against, threatened against, and/or pending with respect to the Leased Premises or any other portion of the Parent Parcel which do or could (now or any time in the future) adversely impact, limit, and/or impair Tenant’s rights under the Lease, as amended and modified by this First Amendment; (vi) so long as Tenant performs its obligations under the Lease, Tenant shall peaceably and quietly have, hold and enjoy the Leased Premises, and Landlord shall not act or permit any third person to act in any manner which would interfere with or disrupt Tenant's business or frustrate Tenant or Tenant’s customers’ use of the Leased Premises and (vii) the square footage of the Leased Premises is the greater of Tenant’s existing improvements on the Parent Parcel or the land area conveyed to Tenant under the Lease. The representations and warranties of Landlord made in this Section shall survive the execution and delivery of this First Amendment. To the extent permissible under the law, Landlord hereby does and agrees to indemnify Tenant for any damages, losses, costs, fees, expenses, or charges of any kind sustained or incurred by Tenant as a result of the breach of the representations and warranties made herein or if any of the representations and warranties made herein prove to be untrue. The aforementioned indemnification shall survive the execution and delivery of this First Amendment.

7. Notices. The Parties acknowledge and agree that Section 21 of the Lease is hereby deleted in its entirety and is of no further force and effect. From and after the Effective Date the notice address and requirements of the Lease, as modified by this First Amendment, shall be controlled by this Section of this First Amendment. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: Attn.: City Manager, 170 Santa Maria Avenue, Pacifica, CA 94004; to Tenant at: Network Real Estate, 180 Washington Valley Road, Bedminster, NJ 07921; Attn.: Land Management 10 Presidential Way, Woburn, MA 01801, with copy to: Attn.: Legal Dept., 116 Huntington Avenue, Boston, MA 02116. Any of the Parties, by thirty (30) days prior written notice to the others in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice.

8. Counterparts. This First Amendment may be executed in several counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument, even though all Parties are not signatories to the original or the same counterpart. Furthermore, the Parties may execute and deliver this First Amendment by electronic means such as .pdf or similar format. Each of the Parties agrees that the delivery of the First Amendment by electronic means will have the same force and effect as delivery of original signatures and that each of the Parties may use such electronic signatures as evidence of the execution and delivery of the First Amendment by all Parties to the same extent as an original signature.

9. Conflict/Capitalized Terms. The Parties hereby acknowledge and agree that in the event of a conflict between the terms and provisions of this First Amendment and those contained in the Lease, the terms and provisions of this First Amendment shall control. Except as otherwise defined or expressly provided in this First Amendment, all capitalized terms used in this First Amendment shall have the meanings or definitions ascribed to them in the Lease. To the extent of any inconsistency in or conflict between the meaning, definition, or usage of any capitalized terms in this First Amendment and the meaning, definition, or usage of any such capitalized terms or similar or analogous terms in the Lease , the meaning, definition, or usage of any such capitalized terms in this First Amendment shall control.

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Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)
[SIGNATURES COMMENCE ON FOLLOWING PAGE]

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Project No: 13638596 (MB)
LANDLORD:

City of Pacifica
a municipal corporation,
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
Attest:

Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
APPROVED AS TO FORM:

Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
[SIGNATURES CONTINUE ON FOLLOWING PAGE]

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Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)
TENANT:

GTE Mobilnet of California LP d/b/a Verizon Wireless
a Delaware limited partnership
By: ATC Sequoia LLC, a Delaware limited liability company Title: Attorney-in-Fact
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________

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Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)

EXHIBIT A
This Exhibit A may be replaced at Tenant’s option as described below.

PARENT PARCEL
Tenant shall have the right to replace this description with a description obtained from Landlord’s deed (or deeds) that include the land area encompassed by the Lease and Tenant’s improvements thereon.

The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below.

PARCEL ONE:

A PORTION OF THE LANDS OF CHALLENGE DEVELOPMENTS, INC., AS DESCRIBED IN PARCEL SEVEN OF THAT CERTAIN DEED FROM HIGGINS PROPERTIES, INC. TO CHALLENGE DEVELOPMENTS, INC., RECORDED MARCH 25, 1965 IN BOOK 4919 AT PAGE 469 OF OFFICIAL RECORDS OF SAN MATEO COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF "PARK PACIFICA NO. 2", SAID POINT BEING THE SOUTHWESTERLY CORNER OF LOT 2, BLOCK 1, AS DESIGNATED ON THE MAP ENTITLED, "PARK PACIFICA NO. 2, PACIFICA, CALIFORNIA", RECORDED FEBRUARY 7, 1969 IN VOLUME 69 OF MAPS AT PAGES 1, 2, 3, 4 & 5, RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE EASTERLY ALONG LAST SAID BOUNDARY LINE ALONG THE FOLLOWING COURSES:

NORTH 89° 07' 56" EAST 282.46 FEET; NORTH 82° 00' 00" EAST 309.94 FEET; SOUTH 88° 05' 18" EAST 81.72 FEET; SOUTH 81° 00' 00" EAST 315.00 FEET; SOUTH 74° 25' 33" EAST 85.64 FEET; SOUTH 65° 55' 38" EAST

48.65 FEET; SOUTH 68° 53' 40" EAST 58.16 FEET; SOUTH 71° 41' 07" EAST 56.28 FEET; SOUTH 75° 22' 04" EAST 55.79 FEET; SOUTH 76° 30' 00" EAST 350.00 FEET; SOUTH 76° 22' 30" EAST 48.53 FEET; SOUTH 69° 26' 18" EAST 91.93 FEET TO THE REAR COMMON CORNER OF LOTS 36 AND 37 IN SAID BLOCK 1, SAID POINT

BEING ALSO A POINT ON THE NORTHWESTERLY LINE OF THE LANDS OF THE CITY OF PACIFICA AS SAID LANDS ARE DESCRIBED IN THAT CERTAIN DEED RECORDED JANUARY 31, 1969 IN VOLUME 5592 AT PAGE 614 OF OFFICIAL RECORDS OF SAN MATEO COUNTY; THENCE ALONG THE BOUNDARY OF SAID LANDS OF THE CITY OF PACIFICA SOUTH 35° 33' 54" WEST 878.74 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE LANDS OF THE CITY OF PACIFICA AS DESCRIBED IN THAT CERTAIN DEED RECORDED JUNE 17, 1965 IN VOLUME 4972 AT PAGE 522 OF OFFICIAL RECORDS OF SAN MATEO COUNTY; THENCE ALONG LAST SAID NORTHEASTERLY LINE NORTH 64° 20' 53" WEST 582.48 FEET; THENCE ALONG LAST SAID LINE AND ITS NORTHWESTERLY PROLONGATION NORTH 45° 49' 00" WEST 987.47 FEET TO THE POINT OF BEGINNING.

PARCEL TWO:

A PORTION OF THE LANDS OF CHALLENGE DEVELOPMENTS, INC., AS DESCRIBED IN PARCEL SEVEN OF THAT CERTAIN DEED FROM HIGGINS PROPERTIES, INC. TO CHALLENGE DEVELOPMENTS, INC., RECORDED MARCH 25, 1965 IN BOOK 4919 AT PAGE 569 OF OFFICIAL RECORDS OF SAN MATEO COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF LAST SAID LANDS, SAID POINT BEING THE MOST EASTERLY CORNER OF LOT "D", BLOCK 6, AS DESIGNATED ON THE MAP ENTITLED, "PARK PACIFICA

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Project No: 13638596 (MB)
HIGHLANDS NO. 1, PACIFICA, CALIFORNIA", RECORDED OCTOBER 5, 1965 IN VOLUME 63 OF MAPS AT PAGES 13, 14 AND 15, RECORDS OF SAN MATEO COUNTY; THENCE ALONG LAST SAID LINE SOUTH 45° 49' 00" EAST 855.00 FEET AND SOUTH 64° 20' 53" EAST 582.48 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG LAST SAID LINE SOUTH 64° 20' 53" EAST 200.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE SAN PEDRO RANCHO; THENCE ALONG LAST SAID LINE NORTH 57° 24' 15" EAST 1032.75 FEET; THENCE LEAVING LAST SAID LINE ALONG THE FOLLOWING COURSES:

NORTH 32° 35' 45" WEST 35.00 FEET, NORTH 67° 30' 00" WEST 563.30 FEET, SOUTH 35° 33' 54" WEST 878.74 FEET TO THE POINT OF BEGINNING.

PARCEL THREE:

BEGINNING AT A POINT DISTANT SOUTH 62° 04' 35" EAST 454.16 FEET FROM THE CENTERLINE INTERSECTION OF YOSEMITE DRIVE AND ODDSTAD BOULEVARD, AS DESIGNATED ON THE MAP ENTITLED, "PARK PACIFICA NO. 1, PACIFICA, CALIFORNIA", FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON SEPTEMBER 30, 1964 IN BOOK 60 OF MAPS AT PAGES 48, 49 AND 50; THENCE FROM SAID POINT OF BEGINNING SOUTH 54° 51' 00" EAST 360.00 FEET AND SOUTH 31° 06' 00" EAST 786

FEET, MORE OR LESS, TO A POINT ON THE SOUTHEASTERLY LINE OF THE LANDS OF STERLING DEVELOPMENT COMPANY, AS SAID LANDS ARE DESCRIBED IN THAT CERTAIN DEED FROM A. BERNARDI TO SAID COMPANY, DATED JANUARY 24, 1963 AND RECORDED JANUARY 30, 1963 IN BOOK 4381 OFFICIAL RECORDS OF SAN MATEO COUNTY AT PAGE 552 (56590-F); THENCE ALONG LAST SAID LINE NORTH 57° 59' 30" EAST 800 FEET MORE OR LESS TO THE POINT OF BEGINNING OF THE LANDS OF HIGGINS PROPERTIES, INC., AS SAID LANDS ARE DESCRIBED IN THAT CERTAIN DEED FROM CAROL J. PAKAFSKI TO SAID PROPERTIES, DATED AUGUST 27, 1962 AND RECORDED SEPTEMBER 24, 1962 IN BOOK 4297 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 365 (15765-Y); THENCE ALONG THE SOUTHEASTERLY LINE OF LAST SAID LANDS NORTH 57° 59' 30" EAST 722.06 FEET; THENCE LEAVING LAST SAID LINE NORTH 64° 20' 53" WEST 678 FEET, MORE OR LESS, TO A POINT WHICH IS DISTANT NORTH 43° 15' 00" EAST 1120.00 FEET AND SOUTH 45° 49' 00" EAST 855.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 45° 49' 00" WEST 855.00 FEET AND SOUTH 43° 15' 00" WEST 1120.00 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED TO LAGUNA SALADA UNION SCHOOL DISTRICT, RECORDED SEPTEMBER 24, 1968, IN BOOK 5535 OFFICIAL RECORDS, PAGE 226.

ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE STREETS AND LOTS SHOWN ON THE MAP OF PARK PACIFICA ESTATES NO. 3, FILED OCTOBER 22, 1970, IN VOLUME 71 OF MAPS, PAGE 30, SAN MATEO COUNTY RECORDS.

APN: 022-320-180; JPN: 022-032-320-18

LEASED PREMISES
Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as-built survey conducted by Tenant, subject to Landlord’s prior written approval of any replacement description.

The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements. The square footage of the Leased Premises shall be the greater of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant’s (and Tenant’s customers) existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any).

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Packet Pg. 124 Attachment: American Tower Company Ammendment (1) 102423 (5570 : American Tower Company First Amendment to Agreement) Site No: 413839
Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)

A PORTION OF THE CITY OF PACIFICA TRACT LYING AND BEING SITUATED IN THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "A REVERSION TO ACREAGE OF A PORTION OF TRACT NO. 732 FAIRWAY PARK NO. 2, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, IN VOLUME 46 OF MAPS AT PAGE 41, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND SURVEY MONUMENT AT THE INTERSECTION OF YOSEMITE DRIVE AND HUMBOLDT COURT; SAID MONUMENT HAVING CALIFORNIA 3 STATE PLANE COORDINATES OF N:2041608.77, E:5991939.47; THENCE N 19°23'21" E A DISTANCE OF 719.57 FEET TO THE POINT OF BEGINNING; THENCE N 09°45'48" W A DISTANCE OF 43.16 FEET TO A POINT; THENCE N 80°14'12" E A DISTANCE OF 20.08 FEET TO A POINT; THENCE S 09°45'48" E A DISTANCE OF 43.16 FEET TO A POINT; THENCE S 80°14'12" W A DISTANCE OF

20.08 FEET TO THE POINT OF BEGINNING; CONTAINING 0.02 ACRES (866.7 SQ. FT.) MORE OR LESS.

ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Parent Parcel currently utilized by Tenant (and Tenant’s customers) for ingress, egress and utility purposes from the Leased Premises to and from a public right of way including but not limited to:
12' ACCESS & UTILITY EASEMENT:

A PORTION OF THE CITY OF PACIFICA TRACT LYING AND BEING SITUATED IN THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "A REVERSION TO ACREAGE OF A PORTION OF TRACT NO. 732 FAIRWAY PARK NO. 2, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, IN VOLUME 46 OF MAPS AT PAGE 41, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND SURVEY MONUMENT AT THE INTERSECTION OF YOSEMITE DRIVE AND HUMBOLDT COURT; SAID MONUMENT HAVING CALIFORNIA 3 STATE PLANE COORDINATES OF N:2041608.77, E:5991939.47; THENCE N 19°23'21" E A DISTANCE OF 719.57 FEET TO A POINT; THENCE N 09°45'48" W A DISTANCE OF 37.16 FEET TO THE POINT OF BEGINNING OF AN EASEMENT 12 FEET IN WIDTH AND LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE S 80°14'12" W A DISTANCE OF

6.00 FEET TO A POINT; THENCE S 09°45'48" E A DISTANCE OF 116.06 FEET TO A POINT; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00, AN ARC LENGTH OF 19.31, AND HAVING A CHORD BEARING AND DISTANCE OF S 21°27'22" W, 18.57 FEET; THENCE S 45°53'56" W A DISTANCE OF 31.29 FEET TO A POINT; THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 24.38, AN ARC LENGTH OF 15.67, AND HAVING A CHORD BEARING AND DISTANCE OF S 13°22'18" W, 15.40 FEET; THENCE S 05°00'29" E A DISTANCE OF 189.37 FEET TO A POINT; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 26.00, AN ARC LENGTH OF 8.13, AND HAVING A CHORD BEARING AND DISTANCE OF S 05°35'18" W, 8.10 FEET; THENCE S 12°54'16" W A DISTANCE OF 51.87 FEET TO A POINT; THENCE S 16°45'12" W A DISTANCE OF 247.58 FEET TO A POINT; THENCE S 16°45'12" W A DISTANCE OF 35.12 FEET TO A POINT; THENCE S 14°12'13" W A DISTANCE OF 29.16 FEET TO A POINT; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00, AN ARC LENGTH OF 22.48, AND HAVING A CHORD BEARING AND DISTANCE OF S 61°03'20" W, 20.43 FEET; THENCE N 79°55'37" W A DISTANCE OF 65.19 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF YOSEMITE DRIVE AND HUMBOLDT COURT AND THE POINT OF ENDING.

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Packet Pg. 125 Attachment: American Tower Company Ammendment (1) 102423 (5570 : American Tower Company First Amendment to Agreement) Site No: 413839
Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)
5' UTILITY EASEMENT #1:

A PORTION OF THE CITY OF PACIFICA TRACT LYING AND BEING SITUATED IN THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "A REVERSION TO ACREAGE OF A PORTION OF TRACT NO. 732 FAIRWAY PARK NO. 2, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, IN VOLUME 46 OF MAPS AT PAGE 41, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND SURVEY MONUMENT AT THE INTERSECTION OF YOSEMITE DRIVE AND HUMBOLDT COURT; SAID MONUMENT HAVING CALIFORNIA 3 STATE PLANE COORDINATES OF N:2041608.77, E:5991939.47; THENCE N 19°23'21" E A DISTANCE OF 719.57 FEET TO A POINT; THENCE N 09°45'48" W A DISTANCE OF 43.16 FEET TO A POINT; THENCE N 80°14'12" E A DISTANCE OF 20.08 FEET TO A POINT; THENCE S 09°45'48" E A DISTANCE OF 16.90 FEET TO THE POINT OF BEGINNING OF AN EASEMENT 5 FEET IN WIDTH AND LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE N 53°47'52" E A DISTANCE OF 62.56 FEET TO THE POINT OF ENDING. CONTAINING 0.01 ACRES (312.8 SQ. FT.) MORE OR LESS. 5' UTILITY EASEMENT #2:

A PORTION OF THE CITY OF PACIFICA TRACT LYING AND BEING SITUATED IN THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "A REVERSION TO ACREAGE OF A PORTION OF TRACT NO. 732 FAIRWAY PARK NO. 2, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, IN VOLUME 46 OF MAPS AT PAGE 41, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND SURVEY MONUMENT AT THE INTERSECTION OF YOSEMITE DRIVE AND HUMBOLDT COURT; SAID MONUMENT HAVING CALIFORNIA 3 STATE PLANE COORDINATES OF N:2041608.77, E:5991939.47; THENCE N 19°23'21" E A DISTANCE OF 719.57 FEET TO A POINT; THENCE N 09°45'48" W A DISTANCE OF 37.16 FEET TO THE POINT OF BEGINNING OF AN EASEMENT 12 FEET IN WIDTH AND LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE S 80°14'12" W A DISTANCE OF

6.00 FEET TO A POINT; THENCE S 09°45'48" E A DISTANCE OF 116.06 FEET TO A POINT; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00, AN ARC LENGTH OF 19.31, AND HAVING A CHORD BEARING AND DISTANCE OF S 21°27'22" W, 18.57 FEET; THENCE S 45°53'56" W A DISTANCE OF 31.29 FEET TO A POINT; THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 24.38, AN ARC LENGTH OF 15.67, AND HAVING A CHORD BEARING AND DISTANCE OF S 13°22'18" W, 15.40 FEET; THENCE S 05°00'29" E A DISTANCE OF 189.37 FEET TO A POINT; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 26.00, AN ARC LENGTH OF 8.13, AND HAVING A CHORD BEARING AND DISTANCE OF S 05°35'18" W, 8.10 FEET; THENCE S 12°54'16" W A DISTANCE OF 51.87 FEET TO A POINT; THENCE S 16°45'12" W A DISTANCE OF 247.58 FEET TO THE POINT OF BEGINNING OF AN EASEMENT 5 FEET IN WIDTH AND LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE S 72°13'11" W A DISTANCE OF 113.91 FEET TO A POINT; THENCE N 76°23'33" W A DISTANCE OF 48.72 FEET TO A POINT; THENCE S 13°36'27" W A DISTANCE OF 7.63 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF YOSEMITE DRIVE AND THE POINT OF ENDING. CONTAINING

0.02 ACRES (851.9 SQ. FT.) MORE OR LESS.

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Packet Pg. 126 Attachment: American Tower Company Ammendment (1) 102423 (5570 : American Tower Company First Amendment to Agreement) Site No: 413839
Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)

EXHIBIT B

DESCRIPTION, DESIGNATION AND/OR DEPICTION OF EXPANDED LEASE AREA Expanded Lease Area:

A PORTION OF THE CITY OF PACIFICA TRACT LYING AND BEING SITUATED IN THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "A REVERSION TO ACREAGE OF A PORTION OF TRACT NO. 732 FAIRWAY PARK NO. 2, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, IN VOLUME 46 OF MAPS AT PAGE 41, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND SURVEY MONUMENT AT THE INTERSECTION OF YOSEMITE DRIVE AND HUMBOLDT COURT; SAID MONUMENT HAVING CALIFORNIA 3 STATE PLANE COORDINATES OF N:2041608.77, E:5991939.47; THENCE N 19°23'21" E A DISTANCE OF 719.57 FEET TO THE POINT OF BEGINNING; THENCE N 80°14'12" E A DISTANCE OF 20.08 FEET TO A POINT; THENCE S 09°45'48" E A DISTANCE OF 19.00 FEET TO A POINT; THENCE S 80°14'12" W A DISTANCE OF 20.08 FEET TO A POINT; THENCE N 09°45'48" W A DISTANCE OF 19.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.01 ACRES (381.5 SQ. FT.) MORE OR LESS.
[END OF EXHIBIT B]

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Packet Pg. 127 Attachment: American Tower Company Ammendment (1) 102423 (5570 : American Tower Company First Amendment to Agreement) Site No: 413839
Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)

MEMORANDUM OF LEASE
This Memorandum of Lease (the “Memorandum”) is entered into as of the latter signature date hereof, by and between City of Pacifica, a municipal corporation, (“Landlord”) and GTE Mobilnet of California LP d/b/a Verizon Wireless, a Delaware limited partnership (“Tenant”).

WHEREAS, Tenant, Verizon Communications Inc., a Delaware corporation, and other parties identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of March 27, 2015 and both with ATC Sequoia LLC, a Delaware limited liability company (“American Tower”), pursuant to which American Tower subleases, manages, operates and/or maintains, as applicable, the Leased Premises, all as more particularly described therein; and WHEREAS, Tenant has granted American Tower a limited power of attorney (the “POA”) to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA; and
NOTICE is hereby given of the Lease (as defined and described below) for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute an amendment of any such prior recorded notice(s).

1. Parent Parcel and Lease. Landlord is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof (the “Parent Parcel”). Landlord (or its predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain Communications Site Lease Agreement dated December 12, 2011 (as the same may have been amended from time to time, collectively, the “Lease”), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and utilities, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the “Leased Premises”), which Leased Premises is also described on Exhibit A.

2. American Tower. Tenant, Verizon Communications Inc., a Delaware corporation, and other parties identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of March 27, 2015 and both with ATC Sequoia LLC, a Delaware limited liability company Prepared by and Return to:

American Tower
10 Presidential Way
Woburn, MA 01801
Attn: Land Management/Megan Bertino, Esq.

ATC Site No: 413839
ATC Site Name: SAN PEDRO VALLEY EAST CA
Assessor’s Parcel No(s):

Prior Recorded Lease Reference:

Document No: 2012-007550
State of California
County of San Mateo

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Packet Pg. 128 Attachment: American Tower Company Ammendment (1) 102423 (5570 : American Tower Company First Amendment to Agreement) Site No: 413839
Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)
(“American Tower”), pursuant to which American Tower subleases, manages, operates and maintains, as applicable, the Leased Premises, all as more particularly described therein. In connection with these responsibilities, Tenant has also granted American Tower a limited power of attorney (the “POA”) to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA.

3. Expiration Date. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise by Tenant of all renewal options contained in the Lease, the final expiration date of the Lease would be May 31, 2038. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any option to renew the term of the Lease.

4. Leased Premises Description. Tenant shall have the right, exercisable by Tenant at any time during the original or renewal terms of the Lease, to cause an as-built survey of the Leased Premises to be prepared and, thereafter, and subject to Landlord’s prior written approval, to replace, in whole or in part, the description(s) of the Leased Premises set forth on Exhibit A with a legal description or legal descriptions based upon such as-built survey. Upon Tenant’s request, Landlord shall execute and deliver any documents reasonably necessary to effectuate such replacement, including, without limitation, First Amendments to this Memorandum and to the Lease.

5. Expanded Lease Area. The Landlord has granted to Tenant an Expanded Lease Area by approximately three hundred eighty one and 58/100 (381.58) square feet as depicted and/or described on Exhibit B attached hereto and by this reference made a part hereof.

6. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions and conditions contained in the Lease. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. Landlord hereby grants the right to Tenant to complete and execute on behalf of Landlord any government or transfer tax forms necessary for the recording of this Memorandum. This right shall terminate upon recording of this Memorandum.

7. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: Attn.: City Manager, 170 Santa Maria Avenue, Pacifica, CA 94004; to Tenant at: Attn: Network Real Estate, 180 Washington Valley Road, Bedminster, NJ 07921 Attn.:

Land Management 10 Presidential Way, Woburn, MA 01801, with copy to: Attn.: Legal Dept., 116 Huntington Avenue, Boston, MA 02116. Any of the parties hereto, by thirty (30) days prior written notice to the other in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice.

8. Counterparts. This Memorandum may be executed in multiple counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.

9. Governing Law. This Memorandum shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Leased Premises is situated, without regard to the conflicts of laws provisions of such State or Commonwealth. [SIGNATURES COMMENCE ON FOLLOWING PAGE]

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Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)
IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day and year set forth below.

LANDLORD
City of Pacifica,
a municipal corporation,
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
2 WITNESSES
Signature: _____________________________
Print Name: ____________________________
Signature: _____________________________
Print Name: ____________________________

ALL CAPACITY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ________________________
On ______________________, before me, __________________________, Notary Public, personally (print name of notary)
appeared __________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of officer [SEAL]
[SIGNATURES CONTINUE ON FOLLOWING PAGE]

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Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)
TENANT
GTE Mobilnet of California LP d/b/a Verizon
Wireless
a Delaware limited partnership
By: ATC Sequoia LLC, a Delaware limited liability
company
Title: Attorney-in-Fact
Signature: _____________________________
Print Name: _____________________________
Title: _________________________________
Date: _________________________________

WITNESS
Signature: _____________________________
Print Name: ____________________________
Signature: _____________________________
Print Name: ____________________________

WITNESS AND ACKNOWLEDGEMENT
Commonwealth of Massachusetts
County of Middlesex
On this ____ day of _____________________, 202___, before me, the undersigned Notary Public, personally appeared _________________________________________________ who proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Notary Public
Print Name: _________________________
My commission expires: _______________ [SEAL]

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Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)

EXHIBIT A
This Exhibit A may be replaced at Tenant’s option as described below.

PARENT PARCEL
Tenant shall have the right to replace this description with a description obtained from Landlord’s deed (or deeds) that include the land area encompassed by the Lease and Tenant’s improvements thereon.

The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below.

PARCEL ONE:

A PORTION OF THE LANDS OF CHALLENGE DEVELOPMENTS, INC., AS DESCRIBED IN PARCEL SEVEN OF THAT CERTAIN DEED FROM HIGGINS PROPERTIES, INC. TO CHALLENGE DEVELOPMENTS, INC., RECORDED MARCH 25, 1965 IN BOOK 4919 AT PAGE 469 OF OFFICIAL RECORDS OF SAN MATEO COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF "PARK PACIFICA NO. 2", SAID POINT BEING THE SOUTHWESTERLY CORNER OF LOT 2, BLOCK 1, AS DESIGNATED ON THE MAP ENTITLED, "PARK PACIFICA NO. 2, PACIFICA, CALIFORNIA", RECORDED FEBRUARY 7, 1969 IN VOLUME 69 OF MAPS AT PAGES 1, 2, 3, 4 & 5, RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE EASTERLY ALONG LAST SAID BOUNDARY LINE ALONG THE FOLLOWING COURSES:

NORTH 89° 07' 56" EAST 282.46 FEET; NORTH 82° 00' 00" EAST 309.94 FEET; SOUTH 88° 05' 18" EAST 81.72 FEET; SOUTH 81° 00' 00" EAST 315.00 FEET; SOUTH 74° 25' 33" EAST 85.64 FEET; SOUTH 65° 55' 38" EAST

48.65 FEET; SOUTH 68° 53' 40" EAST 58.16 FEET; SOUTH 71° 41' 07" EAST 56.28 FEET; SOUTH 75° 22' 04" EAST 55.79 FEET; SOUTH 76° 30' 00" EAST 350.00 FEET; SOUTH 76° 22' 30" EAST 48.53 FEET; SOUTH 69° 26' 18" EAST 91.93 FEET TO THE REAR COMMON CORNER OF LOTS 36 AND 37 IN SAID BLOCK 1, SAID POINT

BEING ALSO A POINT ON THE NORTHWESTERLY LINE OF THE LANDS OF THE CITY OF PACIFICA AS SAID LANDS ARE DESCRIBED IN THAT CERTAIN DEED RECORDED JANUARY 31, 1969 IN VOLUME 5592 AT PAGE 614 OF OFFICIAL RECORDS OF SAN MATEO COUNTY; THENCE ALONG THE BOUNDARY OF SAID LANDS OF THE CITY OF PACIFICA SOUTH 35° 33' 54" WEST 878.74 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE LANDS OF THE CITY OF PACIFICA AS DESCRIBED IN THAT CERTAIN DEED RECORDED JUNE 17, 1965 IN VOLUME 4972 AT PAGE 522 OF OFFICIAL RECORDS OF SAN MATEO COUNTY; THENCE ALONG LAST SAID NORTHEASTERLY LINE NORTH 64° 20' 53" WEST 582.48 FEET; THENCE ALONG LAST SAID LINE AND ITS NORTHWESTERLY PROLONGATION NORTH 45° 49' 00" WEST 987.47 FEET TO THE POINT OF BEGINNING.

PARCEL TWO:

A PORTION OF THE LANDS OF CHALLENGE DEVELOPMENTS, INC., AS DESCRIBED IN PARCEL SEVEN OF THAT CERTAIN DEED FROM HIGGINS PROPERTIES, INC. TO CHALLENGE DEVELOPMENTS, INC., RECORDED MARCH 25, 1965 IN BOOK 4919 AT PAGE 569 OF OFFICIAL RECORDS OF SAN MATEO COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF LAST SAID LANDS, SAID POINT BEING THE MOST EASTERLY CORNER OF LOT "D", BLOCK 6, AS DESIGNATED ON THE MAP ENTITLED, "PARK PACIFICA HIGHLANDS NO. 1, PACIFICA, CALIFORNIA", RECORDED OCTOBER 5, 1965 IN VOLUME 63 OF MAPS AT PAGES

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Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)
13, 14 AND 15, RECORDS OF SAN MATEO COUNTY; THENCE ALONG LAST SAID LINE SOUTH 45° 49' 00" EAST 855.00 FEET AND SOUTH 64° 20' 53" EAST 582.48 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG LAST SAID LINE SOUTH 64° 20' 53" EAST 200.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE SAN PEDRO RANCHO; THENCE ALONG LAST SAID LINE NORTH 57° 24' 15" EAST 1032.75 FEET; THENCE LEAVING LAST SAID LINE ALONG THE FOLLOWING COURSES:

NORTH 32° 35' 45" WEST 35.00 FEET, NORTH 67° 30' 00" WEST 563.30 FEET, SOUTH 35° 33' 54" WEST 878.74 FEET TO THE POINT OF BEGINNING.

PARCEL THREE:

BEGINNING AT A POINT DISTANT SOUTH 62° 04' 35" EAST 454.16 FEET FROM THE CENTERLINE INTERSECTION OF YOSEMITE DRIVE AND ODDSTAD BOULEVARD, AS DESIGNATED ON THE MAP ENTITLED, "PARK PACIFICA NO. 1, PACIFICA, CALIFORNIA", FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON SEPTEMBER 30, 1964 IN BOOK 60 OF MAPS AT PAGES 48, 49 AND 50; THENCE FROM SAID POINT OF BEGINNING SOUTH 54° 51' 00" EAST 360.00 FEET AND SOUTH 31° 06' 00" EAST 786

FEET, MORE OR LESS, TO A POINT ON THE SOUTHEASTERLY LINE OF THE LANDS OF STERLING DEVELOPMENT COMPANY, AS SAID LANDS ARE DESCRIBED IN THAT CERTAIN DEED FROM A. BERNARDI TO SAID COMPANY, DATED JANUARY 24, 1963 AND RECORDED JANUARY 30, 1963 IN BOOK 4381 OFFICIAL RECORDS OF SAN MATEO COUNTY AT PAGE 552 (56590-F); THENCE ALONG LAST SAID LINE NORTH 57° 59' 30" EAST 800 FEET MORE OR LESS TO THE POINT OF BEGINNING OF THE LANDS OF HIGGINS PROPERTIES, INC., AS SAID LANDS ARE DESCRIBED IN THAT CERTAIN DEED FROM CAROL J. PAKAFSKI TO SAID PROPERTIES, DATED AUGUST 27, 1962 AND RECORDED SEPTEMBER 24, 1962 IN BOOK 4297 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 365 (15765-Y); THENCE ALONG THE SOUTHEASTERLY LINE OF LAST SAID LANDS NORTH 57° 59' 30" EAST 722.06 FEET; THENCE LEAVING LAST SAID LINE NORTH 64° 20' 53" WEST 678 FEET, MORE OR LESS, TO A POINT WHICH IS DISTANT NORTH 43° 15' 00" EAST 1120.00 FEET AND SOUTH 45° 49' 00" EAST 855.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 45° 49' 00" WEST 855.00 FEET AND SOUTH 43° 15' 00" WEST 1120.00 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED TO LAGUNA SALADA UNION SCHOOL DISTRICT, RECORDED SEPTEMBER 24, 1968, IN BOOK 5535 OFFICIAL RECORDS, PAGE 226.

ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE STREETS AND LOTS SHOWN ON THE MAP OF PARK PACIFICA ESTATES NO. 3, FILED OCTOBER 22, 1970, IN VOLUME 71 OF MAPS, PAGE 30, SAN MATEO COUNTY RECORDS.

APN: 022-320-180; JPN: 022-032-320-18

LEASED PREMISES
Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as-built survey conducted by Tenant.

The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements. The square footage of the Leased Premises shall be the greater of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant’s (and Tenant’s customers) existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any).

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Packet Pg. 133 Attachment: American Tower Company Ammendment (1) 102423 (5570 : American Tower Company First Amendment to Agreement) Site No: 413839
Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)

A PORTION OF THE CITY OF PACIFICA TRACT LYING AND BEING SITUATED IN THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "A REVERSION TO ACREAGE OF A PORTION OF TRACT NO. 732 FAIRWAY PARK NO. 2, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, IN VOLUME 46 OF MAPS AT PAGE 41, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND SURVEY MONUMENT AT THE INTERSECTION OF YOSEMITE DRIVE AND HUMBOLDT COURT; SAID MONUMENT HAVING CALIFORNIA 3 STATE PLANE COORDINATES OF N:2041608.77, E:5991939.47; THENCE N 19°23'21" E A DISTANCE OF 719.57 FEET TO THE POINT OF BEGINNING; THENCE N 09°45'48" W A DISTANCE OF 43.16 FEET TO A POINT; THENCE N 80°14'12" E A DISTANCE OF 20.08 FEET TO A POINT; THENCE S 09°45'48" E A DISTANCE OF 43.16 FEET TO A POINT; THENCE S 80°14'12" W A DISTANCE OF

20.08 FEET TO THE POINT OF BEGINNING; CONTAINING 0.02 ACRES (866.7 SQ. FT.) MORE OR LESS.

ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Parent Parcel currently utilized by Tenant (and Tenant’s customers) for ingress, egress and utility purposes from the Leased Premises to and from a public right of way including but not limited to:
12' ACCESS & UTILITY EASEMENT:

A PORTION OF THE CITY OF PACIFICA TRACT LYING AND BEING SITUATED IN THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "A REVERSION TO ACREAGE OF A PORTION OF TRACT NO. 732 FAIRWAY PARK NO. 2, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, IN VOLUME 46 OF MAPS AT PAGE 41, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND SURVEY MONUMENT AT THE INTERSECTION OF YOSEMITE DRIVE AND HUMBOLDT COURT; SAID MONUMENT HAVING CALIFORNIA 3 STATE PLANE COORDINATES OF N:2041608.77, E:5991939.47; THENCE N 19°23'21" E A DISTANCE OF 719.57 FEET TO A POINT; THENCE N 09°45'48" W A DISTANCE OF 37.16 FEET TO THE POINT OF BEGINNING OF AN EASEMENT 12 FEET IN WIDTH AND LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE S 80°14'12" W A DISTANCE OF

6.00 FEET TO A POINT; THENCE S 09°45'48" E A DISTANCE OF 116.06 FEET TO A POINT; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00, AN ARC LENGTH OF 19.31, AND HAVING A CHORD BEARING AND DISTANCE OF S 21°27'22" W, 18.57 FEET; THENCE S 45°53'56" W A DISTANCE OF 31.29 FEET TO A POINT; THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 24.38, AN ARC LENGTH OF 15.67, AND HAVING A CHORD BEARING AND DISTANCE OF S 13°22'18" W, 15.40 FEET; THENCE S 05°00'29" E A DISTANCE OF 189.37 FEET TO A POINT; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 26.00, AN ARC LENGTH OF 8.13, AND HAVING A CHORD BEARING AND DISTANCE OF S 05°35'18" W, 8.10 FEET; THENCE S 12°54'16" W A DISTANCE OF 51.87 FEET TO A POINT; THENCE S 16°45'12" W A DISTANCE OF 247.58 FEET TO A POINT; THENCE S 16°45'12" W A DISTANCE OF 35.12 FEET TO A POINT; THENCE S 14°12'13" W A DISTANCE OF 29.16 FEET TO A POINT; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00, AN ARC LENGTH OF 22.48, AND HAVING A CHORD BEARING AND DISTANCE OF S 61°03'20" W, 20.43 FEET; THENCE N 79°55'37" W A DISTANCE OF 65.19 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF YOSEMITE DRIVE AND HUMBOLDT COURT AND THE POINT OF ENDING.

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Packet Pg. 134 Attachment: American Tower Company Ammendment (1) 102423 (5570 : American Tower Company First Amendment to Agreement) Site No: 413839
Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)
5' UTILITY EASEMENT #1:

A PORTION OF THE CITY OF PACIFICA TRACT LYING AND BEING SITUATED IN THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "A REVERSION TO ACREAGE OF A PORTION OF TRACT NO. 732 FAIRWAY PARK NO. 2, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, IN VOLUME 46 OF MAPS AT PAGE 41, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND SURVEY MONUMENT AT THE INTERSECTION OF YOSEMITE DRIVE AND HUMBOLDT COURT; SAID MONUMENT HAVING CALIFORNIA 3 STATE PLANE COORDINATES OF N:2041608.77, E:5991939.47; THENCE N 19°23'21" E A DISTANCE OF 719.57 FEET TO A POINT; THENCE N 09°45'48" W A DISTANCE OF 43.16 FEET TO A POINT; THENCE N 80°14'12" E A DISTANCE OF 20.08 FEET TO A POINT; THENCE S 09°45'48" E A DISTANCE OF 16.90 FEET TO THE POINT OF BEGINNING OF AN EASEMENT 5 FEET IN WIDTH AND LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE N 53°47'52" E A DISTANCE OF 62.56 FEET TO THE POINT OF ENDING. CONTAINING 0.01 ACRES (312.8 SQ. FT.) MORE OR LESS. 5' UTILITY EASEMENT #2:

A PORTION OF THE CITY OF PACIFICA TRACT LYING AND BEING SITUATED IN THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "A REVERSION TO ACREAGE OF A PORTION OF TRACT NO. 732 FAIRWAY PARK NO. 2, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, IN VOLUME 46 OF MAPS AT PAGE 41, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND SURVEY MONUMENT AT THE INTERSECTION OF YOSEMITE DRIVE AND HUMBOLDT COURT; SAID MONUMENT HAVING CALIFORNIA 3 STATE PLANE COORDINATES OF N:2041608.77, E:5991939.47; THENCE N 19°23'21" E A DISTANCE OF 719.57 FEET TO A POINT; THENCE N 09°45'48" W A DISTANCE OF 37.16 FEET TO THE POINT OF BEGINNING OF AN EASEMENT 12 FEET IN WIDTH AND LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE S 80°14'12" W A DISTANCE OF

6.00 FEET TO A POINT; THENCE S 09°45'48" E A DISTANCE OF 116.06 FEET TO A POINT; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00, AN ARC LENGTH OF 19.31, AND HAVING A CHORD BEARING AND DISTANCE OF S 21°27'22" W, 18.57 FEET; THENCE S 45°53'56" W A DISTANCE OF 31.29 FEET TO A POINT; THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 24.38, AN ARC LENGTH OF 15.67, AND HAVING A CHORD BEARING AND DISTANCE OF S 13°22'18" W, 15.40 FEET; THENCE S 05°00'29" E A DISTANCE OF 189.37 FEET TO A POINT; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 26.00, AN ARC LENGTH OF 8.13, AND HAVING A CHORD BEARING AND DISTANCE OF S 05°35'18" W, 8.10 FEET; THENCE S 12°54'16" W A DISTANCE OF 51.87 FEET TO A POINT; THENCE S 16°45'12" W A DISTANCE OF 247.58 FEET TO THE POINT OF BEGINNING OF AN EASEMENT 5 FEET IN WIDTH AND LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE S 72°13'11" W A DISTANCE OF 113.91 FEET TO A POINT; THENCE N 76°23'33" W A DISTANCE OF 48.72 FEET TO A POINT; THENCE S 13°36'27" W A DISTANCE OF 7.63 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF YOSEMITE DRIVE AND THE POINT OF ENDING. CONTAINING

0.02 ACRES (851.9 SQ. FT.) MORE OR LESS.

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Site Name: SAN PEDRO VALLEY EAST CA
Project No: 13638596 (MB)

EXHIBIT B
Expanded Lease Area
This Exhibit B may be replaced at Tenant’s option as described below.

A PORTION OF THE CITY OF PACIFICA TRACT LYING AND BEING SITUATED IN THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "A REVERSION TO ACREAGE OF A PORTION OF TRACT NO. 732 FAIRWAY PARK NO. 2, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, IN VOLUME 46 OF MAPS AT PAGE 41, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND SURVEY MONUMENT AT THE INTERSECTION OF YOSEMITE DRIVE AND HUMBOLDT COURT; SAID MONUMENT HAVING CALIFORNIA 3 STATE PLANE COORDINATES OF N:2041608.77, E:5991939.47; THENCE N 19°23'21" E A DISTANCE OF 719.57 FEET TO THE POINT OF BEGINNING; THENCE N 80°14'12" E A DISTANCE OF 20.08 FEET TO A POINT; THENCE S 09°45'48" E A DISTANCE OF 19.00 FEET TO A POINT; THENCE S 80°14'12" W A DISTANCE OF 20.08 FEET TO A POINT; THENCE N 09°45'48" W A DISTANCE OF 19.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.01 ACRES (381.5 SQ. FT.) MORE OR LESS.

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Packet Pg. 136 Attachment: American Tower Company Ammendment (1) 102423 (5570 : American Tower Company First Amendment to Agreement) NIER Study Report
SITE NAME:
413839 SAN PEDRO VALLEY EAST CA
ATC Customer:

Dish
LOCATION:

Pacifica, California
COMPANY:

American Tower
Woburn, Massachusetts
March 17th, 2022

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Contents

DISCLAIMER NOTICE ...............................................................................................................................2 INTRODUCTION..........................................................................................................................................3 SITE AND FACILITY CONSIDERATIONS...........................................................................................3 POWER DENSITY CALCULATIONS.....................................................................................................4 APPENDIX 1 SATELLITE PHOTO.......................................................................................................5 APPENDIX 2 FCC OET-65 MPE LIMIT STUDY..............................................................................6 APPENDIX 3 INFORMATION PERTAINING TO MPE STUDIES .............................................7 APPENDIX 4 MPE STANDARDS METHODOLOGY......................................................................9

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Disclaimer Notice
This work is based upon our best interpretation of available information.

However, these data and their interpretation are constantly changing.

Therefore, we do not warrant that any undertaking based on this report will be successful, or that others will not require further research or actions in support of this proposal or future undertaking. In the event of errors, our liability is strictly limited to replacement of this document with a corrected one. Liability for consequential damages is specifically disclaimed. Any use of this document constitutes an agreement to hold Tower Engineering Professionals and its employees harmless and indemnify it for all liability, claims, demands, and litigation expenses and attorney’s fees arising out of such use.

Work product documents released prior to account settlement remain the sole property of Tower Engineering Professionals and must be returned on demand. Underlying work notes and data relating to this document remain the property of Tower Engineering Professionals. This document shall not be reproduced in whole or part without permission of Tower Engineering Professionals. Any dispute hereunder shall be adjudicated in North Carolina. Any use or retention of this document constitutes acceptance of these terms, the entire work product, and all charges associated therewith.

COPYRIGHT © 2021 BY

TOWER ENGINEERING PROFESSIONALS

KINSTON, NORTH CAROLINA

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NIER STUDY REPORT
413839 SAN PEDRO VALLEY EAST CA
Pacifica, CA

INTRODUCTION
Tower Engineering Professionals (TEP) of Raleigh, NC has been retained by American Tower (ATC) of Woburn, Massachusetts to evaluate the RF emissions of an existing tower at this location.

SITE AND FACILITY CONSIDERATIONS
Site 413839 SAN PEDRO VALLEY EAST CA is located at in Pacifica CA at coordinates 900 Yosemite Dr. The support structure is a 55’ stealth monopole.

The installation consists of six wireless antenna levels with radiation centers of 55’, 8’, 35’, 34’, 33’, & 19’ above ground level. All antennae will have a radiation center as described above. All data used in this study was provided by one or more of the following sources:

1. ATC furnished data

2. Compiled from carrier and manufacturer standard configurations

3. Empirical data collected by TEP
A satellite view of the study area is located in Appendix 1.

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POWER DENSITY CALCULATIONS
Graphs of the power density at different distances from the transmitter, compared to FCC MPE general population and occupational limits, may be seen in Appendix

2. These limits are based upon the Information Relating to MPE Standards found in Appendix 3. Study methodology may be seen in Appendix 4, which describes the Non-Ionizing Radiation Prediction Models. This site IS in compliance with FCC OET-65 MPE limits.

Prepared By:

March 17th 2022 Adam Carlson MS, CBRS, CPI CBRE
Program Manager
Tower Engineering Professionals
Approved By:

Andrew T Haldane P.E.

Tower Engineering Professionals
License No. 77052

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APPENDIX 1 Satellite Photo

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APPENDIX 2 FCC OET-65 MPE Limit Study
Maximum Power Density (@80’): 0.8900mW/cm²
General Population MPE (@80’): 184.5603%
Occupational MPE (@80’): 32.8926%

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APPENDIX 3 Information Pertaining to MPE Studies
In 1985, the FCC first adopted guidelines to be used for evaluating human exposure to RF emissions. The FCC revised and updated these guidelines on August 1, 1996, as a result of a rule-making proceeding initiated in 1993. The new guidelines incorporate limits for Maximum Permissible Exposure (MPE) in terms of electric and magnetic field strength and power density for transmitters operating at frequencies between 300 kHz and 100 GHz.

The FCC's MPE limits are based on exposure limits recommended by the National Council on Radiation Protection and Measurements (NCRP) and, over a wide range of frequencies, the exposure limits were developed by the Institute of Electrical and Electronics Engineers, Inc., (IEEE) and adopted by the American National Standards Institute (ANSI) to replace the 1982 ANSI guidelines. Limits for localized absorption are based on recommendations of both ANSI/IEEE and NCRP.

The FCC's limits, and the NCRP and ANSI/IEEE limits on which they are based, are derived from exposure criteria quantified in terms of specific absorption rate (SAR). The basis for these limits is a whole-body averaged SAR threshold level of 4 watts per kilogram (4 W/kg), as averaged over the entire mass of the body, above which expert organizations have determined that potentially hazardous exposures may occur. The MPE limits are derived by incorporating safety factors that lead, in some cases, to limits that are more conservative than the limits originally adopted by the FCC in 1985. Where more conservative limits exist, they do not arise from a fundamental change in the RF safety criteria for whole-body averaged SAR, but from a precautionary desire to protect subgroups of the general population who, potentially, may be more at risk.

The FCC exposure limits are also based on data showing that the human body absorbs RF energy at some frequencies more efficiently than at others. The most restrictive limits occur in the frequency range of 30-300 MHz where whole-body absorption of RF energy by human beings is most efficient. At other frequencies, whole-body absorption is less efficient, and consequently, the MPE limits are less restrictive.

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MPE limits are defined in terms of power density (units of milliwatts per centimeter squared: mW/cm2), electric field strength (units of volts per meter:

V/m) and magnetic field strength (units of amperes per meter: A/m). The far-field of a transmitting antenna is where the electric field vector (E), the magnetic field vector (H), and the direction of propagation can be considered to be all mutually orthogonal ("plane-wave" conditions).

Occupational/controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. Occupational/controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general population/uncontrolled limits (see below), as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means.

General population/uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public would always be considered under this category when exposure is not employment-related, for example, in the case of a telecommunications tower that exposes persons in a nearby residential area.

Additional details can be found in FCC OET 65.

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Packet Pg. 145 Attachment: 413839 NIER SAN PEDRO VALLEY EAST CA (5570 : American Tower Company First Amendment to Agreement) RF Design & Services |Tower Engineering Professionals, Inc. (www.tepgroup.net) 105 W Caswell Street | Kinston, NC 28501 9
APPENDIX 4 MPE Standards Methodology
This study predicts RF field strength and power density levels that emanate from communications system antennae. It considers all transmitter power levels (less filter and line losses) delivered to each active transmitting antenna at the communications site. Calculations are performed to determine power density and MPE levels for each antenna as well as composite levels from all antennas.

The calculated levels are based on where a human (Observer) would be standing at various locations at the site. The point of interest where the MPE level is predicted is based on the height of the Observer.

Compliance with the FCC limits on RF emissions are determined by spatially averaging a person’s exposure over the projected area of an adult human body, that is approximately six-feet or two-meters, as defined in the ANSI/IEEE C95.1 standard. The MPE limits are specified as time-averaged exposure limits. This means that exposure is averaged over an identifiable time interval. It is 30 minutes for the general population/uncontrolled RF environment and 6 minutes for the occupational/controlled RF environment. However, in the case of the general public, time averaging should not be applied because the general public is typically not aware of RF exposure and they do not have control of their exposure time. Therefore, it should be assumed that any RF exposure to the general public will be continuous.

The FCC’s limits for exposure at different frequencies are shown in the following Tables.

Limits for Occupational/Controlled Exposure
Frequency
Range
(MHz)
Electric Field
Strength (E)
(V/m)
Magnetic
Field
Strength (H)
(A/m)
Power
Density (S)
(mW/cm2)
Averaging
Time |E|2,
|H|2 or S
(minutes)

0.3 - 3.0 614 1.63 100* 6

3.0 - 30 1842/f 4.89/f 900/F2 6
30 - 300 61.4 0.163 1.0 6
300 - 1500 -- -- f/300 6
1500 -
100,000
-- -- 5 6
f = frequency
* = Plane-wave equivalent power density

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Packet Pg. 146 Attachment: 413839 NIER SAN PEDRO VALLEY EAST CA (5570 : American Tower Company First Amendment to Agreement) RF Design & Services |Tower Engineering Professionals, Inc. (www.tepgroup.net) 105 W Caswell Street | Kinston, NC 28501 10
Occupational/controlled limits apply in situations in which persons are exposed as a consequence of their employment provided those persons are fully aware of the potential for exposure and can exercise control over their exposure. Limits for occupational/controlled exposure also apply in situations when an individual is transient through a location where occupational/controlled limits apply provided he or she is made aware of the potential for exposure.
f = frequency
* = Plane-wave equivalent power density
General population/uncontrolled exposures apply in situations in which the general public may be exposed or in which persons that are exposed as a consequence of their employment may not be fully aware of the potential for exposure or cannot exercise control over their exposure.

It is important to understand that these limits apply cumulatively to all sources of RF emissions affecting a given area. For example, if several different communications system antennas occupy a shared facility such as a tower or rooftop, then the total exposure from all systems at the facility must be within compliance of the FCC guidelines.

The field strength emanating from an antenna can be estimated based on the characteristics of an antenna radiating in free space. There are basically two field areas associated with a radiating antenna. When close to the antenna, the region is known as the Near Field. Within this region, the characteristics of the RF fields are very complex and the wave front is extremely curved. As you move further from the antenna, the wave front has less curvature and becomes planar. The wave front still has a curvature but it appears to occupy a flat plane in space (plane-wave radiation).

This region is known as the Far Field.

Limits for General Population/Uncontrolled Exposure
Frequency Range
(MHz)
Electric Field
Strength (E)
(V/m)
Magnetic Field
Strength (H)
(A/m)
Power Density
(S)
(mW/cm2)
Averaging Time
|E|2, |H|2 or S
(minutes)

0.3 - 1.34 614 1.63 100* 30

1.34 - 30 824/f 2.19/f 180/F2 30
30 -300 27.5 0.073 0.2 30
300 -1500 -- -- f/1500 30
1500 -100,000 -- -- 1.0 30

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Packet Pg. 147 Attachment: 413839 NIER SAN PEDRO VALLEY EAST CA (5570 : American Tower Company First Amendment to Agreement) RF Design & Services |Tower Engineering Professionals, Inc. (www.tepgroup.net) 105 W Caswell Street | Kinston, NC 28501 11
Two models are utilized to predict Near and Far field power densities. They are based on the formulae in FCC OET 65. As this study is concerned only with Near Field calculations, we will only describe the model used for this study. For additional details, refer to FCC OET Bulletin 65.

Cylindrical Model (Near Field Predictions)
Spatially averaged plane-wave equivalent power densities parallel to the antenna may be estimated by dividing the antenna input power by the surface area of an imaginary cylinder surrounding the length of the radiating antenna. While the actual power density will vary along the height of the antenna, the average value along its length will closely follow the relation given by the following equation:

Where:

S = Power Density
P = Total Power into antenna
R = Distance from the antenna
L = Antenna aperture length
For directional-type antennas, power densities can be estimated by dividing the input power by that portion of a cylindrical surface area corresponding to the angular beam width of the antenna. For example, for the case of a 120-degree azimuthal beam width, the surface area should correspond to 1/3 that of a full cylinder. This would increase the power density near the antenna by a factor of three over that for a purely omni-directional antenna. Mathematically, this can be represented by the following formula:

Where:

S = Power Density
θBW = Beam width of antenna in degrees (3 dB half-power point) P = Total Power into antenna
R = Distance from the antenna
L = Antenna aperture length
If the antenna is a 360-degree omni-directional antenna, this formula would be equivalent to the previous formula.

S = P ÷ 2πRL
S = (180 / θBW) P ÷ πRL

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Spherical Model (Far Field Predictions)
Spatially averaged plane-wave power densities in the Far Field of an antenna may be estimated by considering the additional factors of antenna gain and reflective waves that would contribute to exposure.

The radiation pattern of an antenna has developed in the Far Field region and the power gain needs to be considered in exposure predictions. Also, if the vertical radiation pattern of the antenna is considered, the exposure predictions would most likely be reduced significantly at ground level, resulting in a more realistic estimate of the actual exposure levels.

Additionally, to model a truly "worst case" prediction of exposure levels at or near a surface, such as at ground-level or on a rooftop, reflection off the surface of antenna radiation power can be assumed, resulting in a potential four-fold increase in power density.

These additional factors are considered and the Far Field prediction model is determined by the following equation:

Where:

S = Power Density
EIRP = Effective Radiated Power from antenna
Rc = Reflection Coefficient (2.56)
R = Distance from the antenna
The EIRP includes the antenna gain. If the antenna pattern is considered, the antenna gain is relative based on the horizontal and vertical pattern gain values at that particular location in space, on a rooftop or on the ground. However, it is recommended that the antenna radiation pattern characteristics not be considered to provide a conservative "worst case" prediction. This is the equation is utilized for the Far Field exposure predictions herein.

S = EIRP × Rc ÷ 4πR2

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SHEET INDEX VICINITY MAP

DIRECTIONS

SITE INFORMATION PROJECT DIRECTORY
11"x17" PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTED

GENERAL NOTES

SITE PHOTO

SCOPE OF WORK
xxxxxxxxxxxxxxxxxxxxxx

UNDERGROUND SERVICE ALERT

UTILITY NOTIFICATION CENTER OF CALIFORNIA
(800) 642-2444
WWW.CALIFORNIA811.ORG
DISH Wireless L.L.C. SITE ID:

SFSFO00759A
DISH Wireless L.L.C. SITE ADDRESS:
900 YOSEMITE DR.

PACIFICA, CA 94044

CALIFORNIA CODE OF COMPLIANCE

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4 1
2 3

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147258
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12 3
4 5
6 78

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147258
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1472
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’

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147258
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AMPS
POLES
15/1 2 #12, 1 #12G

PANEL NAME LOCATION

EQUIPMENT PAD

WIRE & CONDUIT TYPE R

DESCRIPTION KVA
INTERNAL GFCI 0.18
CKT1
VOLTAGE: 240/120 1Ø
MAIN C/B: 200 AMPS
BUS RATING: 200 AMPS
MOUNTING/ENCLOSURE: SURFACE/NEMA 3R
AVAIL. FAULT CURRENT:

SHORT CIRCUIT RATING: 65,000 / 10,000 SERIES RATED
A

2.18 B CKT2KVA

2.00 AMPS
POLES
SEE ONE LINE 20/2

TYPE WIRE & CONDUIT
EQ

DESCRIPTION

RECTIFIER
15/1 SEE ONE LINE CONVENIENCE OUTLET R 0.183
SPACE5 2.00
R
SPACE
SPACE
SPACE
SPACE
SPACE
SPACE
SPACE
SPACE
SPACE
79 11
13 15
17 19
21 23

2.00 2.00
4 2.00 EQ 6 2.00 RECTIFIER EQ SEE ONE LINE 20/2 8 2.00 EQ 10 2.00 RECTIFIER EQ SEE ONE LINE 20/2
12 2.00 EQ
14 2.00 EQ
16 1.00 EQ
18 20
22 SPACE
24 SPACE

9.2 2.18

2.00 2.00

1.00 PHASED LOAD 8.2 KVA

TOTAL CONNECTED LOAD

TOTAL DEMAND LOAD

17.4 kVA

17.4 kVA
72 A
72 A
LOAD

TYPE LR
DESCRIPTION CONN. LOAD

KVA AMPS
DEMAND
FACTOR

DESIGN LOAD

KVA AMPS
MH
AC
EQE

LIGHTING

RECEPTACLE
MOTOR

HEATING
HVAC

EQUIPMENT

EXISTING

0.0 0.4

0.0 0.0

0.0 17.0

0.0 0.0

1.5 0.0

0.0 0.0

70.8 0.0

1.25 NEC
NEC

1.00 1.00

1.00 1.25

0.0 0.4

0.0 0.0

0.0 17.0

0.0 0.0

1.5 0.0

0.0 0.0

70.8 0.0
*ALL EQUIPMENT LOADS CONSIDERED CONTINUOUS LOADS

GEN HEATER

GEN BATT CHARGER
RECTIFIER SEE ONE LINE 20/2

1.00 EQ
EQ
2 #12, 1 #12G, 1/2"C 20/1
2 #12, 1 #12G, 1/2"C 20/1

1.00 1.00 1.00

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12 3
”

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xxxxxxx

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
2/12/2024
1 SUBJECT:

Resolution Approving the Lease Agreement between the City of Pacifica and Chit Chat Cafe LLC
RECOMMENDED ACTION:

Move to Adopt the Resolution Approving the Lease Agreement between the City of Pacifica and Genevieve Davis, Branden Jenkins of Chit Chat Cafe LLC and Authorize the City Manager to Execute the Lease Agreement for the 2100 Beach Boulevard Location at the Pacifica Pier.

STAFF CONTACT:

Bob Palacio, Director - Parks, Beaches & Recreation Department 650 738-7382
[email protected]
BACKGROUND/DISCUSSION:

The 2100 Beach Boulevard location at the Pacifica Pier has been leased by the City of Pacifica to the Chit Chat Café since 2005. In late 2023, The Chit Chat Café LLC was sold, and a new ownership group has stepped in with the intention of continuing and improving the café at the Pacifica Pier.

The new ownership group of Chit Chat Café LLC consists of two owners, Genevieve (Ginger Davis and Branden Jenkins. Genevieve and Branden also are the new owners of the Chit Chat Café Manor location. Their Pacifica business license number is EIN: 93-3136887 and is current.

Both Genevieve and Brandon have previous experince with the Chit Chat Café and are aware of the importance of this longstanding amenity here in the City of Pacifica. They will continue to operate as a café the 2100 Beach Blvd location, and will look to improve the overall customer experience. They will also continue to sell bait to local fisherman.

The premises consist of approximately 623 Square feet of the southerly half of that certain building located on the inland portion of the Rev. Herschell Harkins Memorial Pacifica Pier (commonly known as the Pacifica Pier),
9 Packet Pg. 178
Pacifica City Council 2
February 12, 2024
The term of the this agreement is for three (3) years with two (2) optional extensions, each for an additional one-year term, if both parties agree to such extensions.

The initial monthly rent shall be $1,900, for a total of $22,800 per year. To the extent one or more options to extend are exercised, rent will increase $100 annually on the anniversary of the Lease Commencement Date. Tenant is separately responsible for paying for utilities and services (including electric, water and sewer).

ALTERNATIVE ACTION:

Do not approve the agreement and provide staff with alternative direction.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• Enhance organizational and fiscal stability.
• Improve and steward City infrastructure, streets and facilities.

FISCAL IMPACT:

Anticipated annual revenues from the Lease will total:

Year 1: $22,800
Year 2: $22,900
Year 3: $23,000
Year 4: $23,100
Year 5: $23,200
ORIGINATED BY:

Parks, Beaches & Recreation Department
ATTACHMENT LIST:
2024 Genevieve Davis Branden Jenkins Chit Chat Cafe Lease (PDF) 9 Packet Pg. 179
Pacifica City Council 3
February 12, 2024
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF PACIFICA AND CHIT CHAT CAFÉ, LLC, GENEVIEVE DAVIS AND BRANDEN JENKINS FOR THE PREMISES AT 2100 BEACH BLVD, PACIFICA, CA 94044
WHEREAS, the City of Pacifica (City) is the owner of the property (premises) located at 2100 Beach Blvd, Pacifica, California; and
WHEREAS, Genevieve (Ginger) Davis and Branden Jenkins, Chit Chat Café LLC wish to lease the premises from the City for three (3) years with two (2) options to extend, each for an additional one-year term, if both parties agree; and WHEREAS, the City desires to implement the lease with Chit Chat Café and requests that City Council authorize the City Manager to execute the Tenant Lease and take all steps necessary to carry it into effect.

RESOLVED by the City Council of the City of Pacifica, California, that the Lease Agreement between the City of Pacifica and Chit Chat Café LLC, Genevieve Davis and Branden Jenkins for the premises at 2100 Beach Blvd, Pacifica, CA, 94044 (Pier) be approved this day February 12, 2024.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of February 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 9 Packet Pg. 180
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TENANT LEASE
By and Between

CITY OF PACIFICA
a municipal corporation of the State of California
("Landlord")
and
, Chit Chat Café LLC
(collectively, "Tenant")
Dated: January 22, 2024

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TENANT LEASE

BASIC LEASE INFORMATION

1. Tenant: Chit Chat Café LLC
2100 Beach Boulevard
Pacifica, California 94044
Phone: (650) 703-7386/ (415) 368-6801

2. Landlord: City of Pacifica, a California municipal corporation 170 Santa Maria Avenue
Pacifica, CA 94044
Phone: (650) 738-7301
Facsimile: (650) 359-6038
Attention: City Manager

3. Premises: Approximately 623 Square feet of the southerly half of that certain building located on the inland portion of the Rev.

Herschell Harkins Memorial Pacifica Pier (commonly known as the Pacifica Pier), 2100 Beach Boulevard, Pacifica,
California, as depicted in Exhibit B attached hereto

4. Use: Café (e.g., beverages and light fare), ancillary sale of gift and souvenir items consistent with a retail café operation (e.g., postcards, mugs, tee shirts), and sale of frozen bait

5. Term: Three (3) years, with two optional extensions, each for an additional one-year term, if both parties agree to such extensions

6. Lease Commencement
Date:

February 12, 2024 ("Commencement Date").

7. Rent Commencement
Date:

February 12, 2024 ("Rent Commencement Date").

8. Base Rent: The initial monthly rent shall be $1,900, for a total of $22,800 per year. To the extent one or more options to extend are exercised, rent will increase $100 annually on the anniversary of the Lease Commencement Date. Tenant is separately
responsible for paying for utilities and services (including electric, water and sewer).

The Basic Lease Information set forth above and the Exhibits attached hereto are incorporated into and made a part of the following Lease. Each reference in this Lease to any of the Basic Lease Information shall mean the respective information above and shall be construed to

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incorporate all of the terms provided under the particular Lease section pertaining to such information. In the event of any conflict between the Basic Lease Information and the provisions of the Lease, the latter shall control.

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This Lease Agreement (this “Lease”) is made and entered into effective as of February 12, 2024 (“Effective Date”) by and between the City of Pacifica, a California municipal corporation (“Landlord”) and Chit Chat Cafe LLC, a California limited liability company (“Tenant”).

1. PREMISES.

1.1 Premises. Landlord is the owner of a ground leasehold interest in certain real property situated in San Mateo County, State of California, and legally described and depicted in Exhibit A (“Property”) attached hereto and incorporated herein by this reference, pursuant to that certain [DESCRIBE STATE LANDS COMMISSION GROUND LEASE] (the “State Lease”). The Property is improved with certain public infrastructure owned by Landlord and named the Rev. Herschell Harkins Memorial Pacifica Pier, with a street address of 2100 Beach Boulevard, Pacifica, California 94044, commonly known as the Pacifica Pier. The Property is also improved with a building owned by Landlord and located adjacent to Beach Boulevard (the “Building”). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, on the terms and subject to the covenants, conditions and uses stated herein, approximately 623 square feet of gross floor space located within the northerly portion of the building,”), attached hereto and incorporated herein by this reference. The Premises are leased to Tenant in their “as is” condition. The Premises shall not include the public restroom facilities located on the south facing side of the building. The Premises are leased on an “AS-IS” basis, “WITH ALL FAULTS,” with all furniture, fixtures and equipment located within the Premises as of the Commencement Date (except such as are already owned by Tenant), also being subject to this Lease. Landlord reserves the use of the roof and exterior walls, together with the right from time to time to install, maintain, use and replace utility lines, pipes, conduits, ducts, wires and the like under, over or through the Premises in locations which will not materially interfere with Tenant’s use thereof.

1.2 Public Area. Tenant may, subject to rules made by Landlord, and on a nonexclusive basis, use those areas on the Property exterior to the Building designated by Landlord from time to time for the common use of Landlord and members of the public, such as patio and other public areas adjacent to the Building (the “Public Area”). Landlord has sole discretion to determine the design and location of the Public Area and to determine the manner in which the Public Area is maintained and operated. The Public Area does not include space within Tenant’s Premises.

1.3 Reserved Rights.

1.3.1 Landlord’s Right of Entry. Landlord reserves the right to enter the Premises upon reasonable notice to Tenant (except that advance notice shall not be required in case of an emergency) for the following purposes: (i) to inspect the condition of the Premises; (ii) to ascertain the performance by Tenant of the terms and conditions hereof; (iii) to respond to an emergency at the Premises; (iv) to maintain, inspect and repair the Premises to the extent required or permitted under this Lease; (v) to post notices of non-responsibility for alterations, additions or repairs undertaken by Tenant; and (vi) to show the Premises to prospective tenants or purchasers or persons acting on their behalf; (vii) to post a leasing sign in or about the Premises; and (viii) to perform any other right or duty of Landlord under this Lease. Landlord

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may exercise this right of entry without any rent credit to Tenant for any loss of occupancy or quiet enjoyment of the Premises.

1.3.2 Building Alteration. Landlord reserves the right to redesign, reconstruct, expand, enlarge, reconfigure, or otherwise alter the Building during Tenant’s occupancy (“Building Alteration”). Landlord shall provide Tenant with no less than thirty (30) days’ prior written notice of the expected start date for the Building Alteration, together with a copy of the general contractor’s construction schedule. Landlord will also provide Tenant with updated construction schedule(s) as received from the general contractor. Landlord and Tenant acknowledge that the Building Alteration and related work will result in such noise, dust, debris, and other inconveniences normally associated with construction projects of that type. In order to diminish such inconveniences, Landlord will add language to the Building Alteration construction contract requiring the general contractor to use its good faith best efforts to minimize disruptions to Tenant, and to require its subcontractor(s) to do the same. Building Alteration or related work shall not constitute a default of Landlord under this Lease, nor be considered or construed as an unreasonable interference with Tenant’s use, enjoyment or occupancy of the Premises. This section does not create any obligation on Landlord’s part to make any efforts to undertake, construct, substantially complete, market or lease the Building Alteration premises, or any portion thereof.

1.3.3 Additional Reserved Rights. In addition, Landlord reserve(s) the right upon reasonable notice to Tenant (except that advance notice shall not be required in case of an emergency) to undertake the following: (i) install, use, maintain, repair, alter, relocate or replace any improvements in the Public Area; (ii) grant easements encumbering the Property which do not unreasonably interfere with Tenant’s use of the Premises and dedicate for public use portions thereof; and (iii) affix reasonable signs and displays.

1.4 Compliance with ADA. Notwithstanding anything to the contrary contained in this Lease, Landlord and Tenant agree that responsibility for compliance with the Americans With Disabilities Act of 1990, as amended (the “ADA”) shall be allocated as follows: (i) Landlord shall be responsible for compliance with the provisions of Title III of the ADA for all Common Areas, including exterior and interior areas of the Building not included within the Premises or the premises of other tenants; (ii) Landlord shall be responsible for compliance with the provisions of Title III of the ADA for any construction, renovations, alterations and repairs made within the Premises if such construction, renovations, alterations or repairs are made by Landlord, its employees, agents or contractors, at the direction of Landlord or done pursuant to plans and specifications prepared or provided by Landlord or Landlord’s architect or space planner; (iii) Tenant shall be responsible for compliance with the provisions of Title III of the ADA for any construction, renovations, alterations and repairs made within the Premises if such construction, renovations, alterations and repairs are made by Tenant, its employees, agents or contractors, at the direction of Tenant or done pursuant to plans and specifications prepared or provided by Tenant or Tenant’s architect or space planner.

1.4.1 Accessibility Disclosure. Landlord hereby advises Tenant that the Premises has not undergone an inspection by a certified access specialist, and except to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make

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any repairs or modifications to the Premises in order to comply with accessibility standards. The following disclosure is hereby made pursuant to applicable California law:

A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of constructionrelated accessibility standards within the premises.” [Cal. Civ.

Code Section 1938(e)]. Any CASp inspection shall be conducted in compliance with reasonable rules in effect at the Building with regard to such inspections and shall be subject to Landlord’s prior written consent.

2. TERM.

2.1 Lease Commencement Date. The initial term of this Lease shall be for a period of three years commencing on the Effective Date (“Initial Term”). Any reference to “Term” in this Lease shall include the Initial Term and Extension Terms where Tenant and Landlord have extended the Lease pursuant to Section 2.2.

2.2 Optional Extensions.

2.2.1 Provided that (i) Tenant is not in default under the terms of this Lease at the time each optional extension is exercised or at the commencement of the applicable Extension Term (defined below), and (ii) Tenant has not been in default more than twice in any 12-month period, Landlord and Tenant may mutually agree to renew this Lease for an additional one-year period (each, an “Extension Term”), for a total of two Extension Terms. The first Extension Term shall commence, if at all, upon the expiration of the Initial Term and end twelve months later (“First Extended Term”). The second Extension Term shall commence, if at all, upon the expiration of the First Extended Term and end twelve months later (“Second Extended Term”). There shall be no additional extension terms beyond the two Extension Terms set forth herein.

2.2.2 Each Extension Term shall be on all the terms and conditions of this Lease.

2.2.3 Base Rent for each Extension Term shall be determined as set forth in section 3.5 below.

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2.2.4 Tenant must exercise its option to extend this Lease by giving Landlord a minimum of six (6) months written notice prior to the end of the Initial Term and, if applicable, First Extended Term to exercise its extension option. If Tenant fails to give notice in a timely manner, Tenant shall lose the ability to exercise its extension option. Landlord may in its discretion waive such failure. If any Extension Term does not commence, then all further options to extend shall automatically terminate.

2.2.5 The extension option set forth herein is personal to Tenant and shall not be included in any assignment of this Lease without prior written approval from Landlord.

2.2.6 Landlord’s City Manager, or his or her designee, may exercise the City’s rights relating to whether to agree to any Extension Term.

3. RENT.

3.1 Rent Commencement Date. Tenant’s obligation to pay Rent under this Lease shall commence as of the Effective Date. Rent shall be paid as set forth in this Section 3.

3.2 Base Rent; Rent. The monthly Base Rent for the Initial Term shall be $1,402.67, for a total of $16,832.04 per year. Base Rent shall be adjusted as set forth in Section 3.5, below.

Tenant shall pay to Landlord, at Landlord’s Address designated in Item 2 of the Basic Lease Information, or at such other address as Landlord may from time to time designate in writing to Tenant for the payment of Rent, the Base Rent herein defined, without notice, demand, offset or deduction, in advance, on the first day of each calendar month. Upon the execution of this Lease, Tenant shall pay to Landlord the first month’s Base Rent due as of the Rent Commencement Date. All sums other than Base Rent which Tenant is obligated to pay under this Lease shall be deemed to be additional rent (“Additional Rent”) due on the same date as Base Rent unless otherwise specified hereunder or otherwise requested by Landlord. Notwithstanding the foregoing, late charges under Section 3.2.2 shall be due and payable immediately as incurred.

The term “Rent” means the Base Rent and all Additional Rent payable hereunder. If Rent is due for a period of less than a full month, it shall be prorated for such partial month on the basis of a thirty (30) day month.

3.2.1 Application of Payments. All payments received by Landlord from Tenant shall be applied to the oldest obligation owed by Tenant to Landlord. No designation by Tenant, either in a separate writing, on a check or money order, or otherwise shall modify this clause or have any force or effect.

3.2.2 Late Charge and Interest. The late payment of any Rent will cause Landlord to incur additional costs, including administration and collection costs and processing and accounting expenses and increased debt service (“Delinquency Costs”). If Landlord has not received any installment of Rent within five (5) calendar days after such amount is due, Tenant shall pay a late charge in the amount of One Hundred Twenty Five Dollars ($125.00) immediately. This late charge represents a reasonable estimate of the Delinquency Costs incurred by Landlord. In addition, all delinquent amounts shall bear interest from the date such amount was due until paid in full at a rate per annum (“Applicable Interest Rate”) equal to the lesser of (a) the maximum interest rate permitted by law, or (b) five percent (5%) above the rate publicly

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announced by JPMorgan Chase Bank, N.A. (or if JPMorgan Chase Bank, N.A. ceases to exist, the largest bank then headquartered in the United States of America) (“Bank”) at its “Reference Rate.” If the use of the announced Reference Rate is discontinued by the Bank, then the term Reference Rate shall mean the announced rate charged by the Bank which is, from time to time, substituted for the Reference Rate. Landlord and Tenant recognize that the damage which Landlord shall suffer as a result of Tenant’s failure to pay such amounts is difficult to ascertain and said late charge and interest are the best estimate of the damage which Landlord shall suffer in the event of late payment. Landlord’s acceptance of late Rent, partial Rent and late charges does not equate with a waiver of Tenant’s default with respect to the overdue amount, or prevent Landlord from exercising any rights and remedies available under this Lease and/or by operation of law.

3.3 Additional Rent. In addition to paying the Base Rent specified in Item 8 of the Basic Lease Information and in Section 3.2, and pursuant to any Addendum or Amendment to this Lease that Landlord and Tenant may execute, Tenant shall pay as Additional Rent the amounts defined and described in Section 3.4, and all Utilities and Services, defined and described in Section 4, not directly paid by Tenant to the utility company, and any other amounts of any kind that become due or payable by Tenant to Landlord under the terms of this Lease.

Unless Landlord elects otherwise pursuant to this Lease, all amounts due under this section as Additional Rent are payable for the same periods and in the same manner, time and place, as the Base Rent. Tenant’s obligation to pay Rent under this Lease survives the Term to the extent such obligation has not been fulfilled during that Term.

3.4 Base Rent Adjustments. Beginning on the commencement of the Extension Terms, if any, the Base Rent for the ensuing twelve (12) month period shall increase $100 from the prior term as follows:

3.4.1 First Extended Term: $2,000 per month, for a total of $24,000 per year.

3.4.2 Second Extended Term: $2,100 per month, for a total of $25,200 per year.

4. UTILITIES AND SERVICES.

4.1 Utilities and Services. Tenant shall be solely responsible for contracting for, and shall promptly pay any and all shall pay when due any and all water, heat, gas, electricity, telephone and other utilities and services (“collectively, “Services”) provided to or for the Premises, including taxes thereon. Tenant shall establish its own accounts for all utility Services, including garbage collection services, to the extent such Services can be separately metered and billed. In the case of any Services that are not separately metered and billed directly to Tenant, but are metered jointly with other premises, Tenant shall pay Landlord upon demand a pro rata share, as determined by Landlord, of all charges. Landlord shall bill Tenant its pro rate share of any Services that are not separately metered within one hundred twenty (120) days of the date that Landlord receives such bills from the Service provider (e.g., utility company).

4.2 Exculpation of Liability. Landlord shall not be liable for any loss or damage suffered by Tenant or others, by reason of Landlord’s failure to furnish any of the Services, or

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furnishing reduced Service; no such failure or reduction shall constitute or be construed as a constructive or other eviction of Tenant, nor shall Landlord be liable for loss of business or injury to property however occurring, through or in connection with or incidental to such failure to furnish or reduction of any of the Services. Should Landlord elect to provide a security patrol or system, Landlord shall not be responsible for any damage or injury to Tenant, Tenant’s officers, agents, employees, independent contractors, invitees, customers, visitors, licensees, assignees or subtenants (individually and collectively, “Tenant’s Parties”), or the Premises or property due to failure, action or inaction of such patrol or system. Landlord reserves the right to stop Services when necessary, by reason of accident or emergency or for inspection, repairs, alterations, decorations, additions or improvements which, in the judgment of Landlord, are desirable or necessary to be made, until same shall have been completed, and shall further have no responsibility or liability for failure to supply any Services in such instance. Landlord shall use reasonable efforts to minimize the inconvenience to Tenant from any such disruptions or interruptions of Services and shall provide Tenant with reasonable notice of such disruptions or interruptions to the extent that Landlord is aware of or has been provided with advance notice of the disruptions or interruptions. The exculpation of liability under this Section shall not apply to the extent claims are caused by Landlord’s sole or active negligence.

4.3 No Representation. Landlord makes no representation with respect to the adequacy or fitness of any heating, air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant other than normal fractional horsepower office equipment, and Landlord shall have no liability for loss or damage suffered by Tenant or others in connection therewith.

4.4 Conservation and Use Policies. In the event of imposition of federal, state, or local governmental controls, rules, regulations, or restrictions on the use or consumption of ‘energy or other utilities during the Term, both Landlord and Tenant shall be bound thereby. In the event of a difference in interpretation by Landlord and Tenant of any such controls, the interpretation of Landlord shall prevail, and Landlord shall have the right to enforce compliance therewith, including the right of entry into the Premises to effect compliance.

5. TAXES.

5.1 Taxes. As used in this Lease “Taxes” means Possessory Interest Taxes and Personal Taxes. Tenant’s obligations for Taxes for the last full or partial year of the Term and for any prior unpaid Taxes shall survive the expiration or earlier termination of this Lease.

5.2 Statement Regarding Possessory Interest Tax. This Lease creates a possessory property interest in Tenant. Tenant’s property interest may be subject to property taxation, and Tenant or the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on the interest. Such taxes are referred to herein as “Possessory Interest Taxes”.

5.3 Personal Taxes. Tenant shall pay directly to the taxing authority all taxes and assessments levied upon trade fixtures, alterations, additions, improvements, inventories and other personal property located and/or installed on the Premises by Tenant. Such taxes are referred to herein as “Personal Taxes”.

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5.4 Payment of Taxes. Tenant shall pay all Taxes prior to delinquency. To the extent any such taxes are not separately assessed or billed to Tenant by the taxing authority, Landlord shall deliver to Tenant copies of the assessment and tax bill together with Landlord’s proposed allocation between Landlord and Tenant. Tenant shall pay the amount reasonably allocated to Tenant no later than ten (10) business days prior to the date on which such Taxes are due. Taxes attributable to any of Tenant’s personal property situated within the Public Area shall be charged to Tenant. Should Tenant fail to pay its Taxes, Landlord may elect to do so on Tenant’s behalf.

Tenant will thereafter be required to reimburse Landlord for such Taxes together with interest at the Applicable Interest Rate, from the date Landlord tendered payment, until the date Tenant fully reimburses Landlord.

6. INSURANCE.

6.1 Landlord. Landlord may elect to maintain insurance or an insurance equivalent (including but not limited to, e.g., that offered to a municipality through and by a joint powers authority, a self-insurance pool of liability coverage authorized pursuant to California Government Code Section 6500, or similar collective) insuring the Building on an occurrence basis against fire and extended coverage (including, if Landlord elects, “all risk” coverage, earthquake/volcanic action, flood and/or surface water insurance) similar in type and coverage limits to that carried by Landlord on its other properties. Landlord may also carry such other insurance as Landlord may deem prudent or advisable, in such amounts and on such terms as Landlord shall determine.

6.2 Tenant. Tenant shall, at Tenant’s expense, obtain and keep in force at all times the following insurance, and shall be liable for all premiums, deductibles, and self-insured amounts, if any, in connection therewith:

6.2.1 Commercial General Liability Insurance (Occurrence Form). A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) annual aggregate, providing coverage for, among other things, blanket contractual liability, premises, products/completed operations and personal injury, death and advertising injury coverage, with deletion of (a) the exclusion for operations within fifty (50) feet of a railroad property (railroad protective liability), if applicable, and (b) the exclusion for explosion, collapse or underground hazard, if applicable, and, if necessary, Tenant shall provide for restoration of the aggregate limit.

6.2.2 Workers’ Compensation and Employer’s Liability Insurance. Workers’ compensation insurance that complies with all applicable state statutes and regulatory requirements, and, if Tenant hires any employees, employer’s liability insurance coverage in the amount of at least One Million Dollars ($1,000,000).

6.2.3 Property Insurance. “All risk” property insurance including boiler and machinery comprehensive form, if applicable, covering damage to or loss of any improvements, personal property, fixtures and equipment of Tenant (collectively “Tenant’s Property”) (and coverage for the full replacement cost thereof including business interruption of Tenant), together with, if the property of Tenant’s invitees is to be kept in the Premises, warehouser’s

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legal liability or bailee customers insurance for the full replacement cost of the property belonging to invitees and located in the Premises.

6.3 General.

6.3.1 Insurance Companies. Insurance required to be maintained by Tenant shall be written by companies licensed to do business in California and having a “General Policyholders Rating” of at least A:VIII (or such higher rating as may be required by a lender having a lien on the Premises) as set forth in the most current issue of “Best’s Insurance Guide.”

6.3.2 Certificates of Insurance. Tenant shall deliver to Landlord certificates of insurance for all insurance required to be maintained by Tenant pursuant to this Lease, in the form of the ACORN standard certificate of insurance, prior to the Commencement Date. Tenant shall, at least ten (10) days prior to expiration of the policy, furnish Landlord with certificates of renewal or “binders” thereof. Each certificate shall expressly provide that such policies shall not be cancelable or otherwise subject to modification except after sixty (60) days’ prior written notice to the parties named as additional insureds as required in this Lease (except in the case of cancellation for nonpayment of premium in which case cancellation shall not take effect until at least ten (10) days’ notice has been given to the parties named as additional insureds). If Tenant fails to maintain any insurance required in this Lease, Tenant shall be liable for all losses and cost resulting from said failure.

6.3.3 Additional Insureds. Landlord shall be named as an additional insured on the policy as required by Section 6.2.1. An additional insured endorsement naming such parties as additional insured(s) shall be attached to the certificate of insurance.

6.3.4 Primary Coverage. All insurance to be maintained by Tenant shall be primary without right of contribution from insurance of Landlord.

6.3.5 Umbrella/Excess Insurance. Any umbrella liability policy or excess liability policy (which shall be in “following form”) shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of insurance maintained by Tenant shall not limit Tenant’s liability under this Lease,

6.3.6 Waiver of Subrogation. Tenant waives any right to recover against Landlord for claims for damages to Tenant’s Property to the extent covered (or required by this Lease to be covered) by Tenant’s insurance. The coverage obtained by Tenant pursuant to this Lease shall include a waiver of subrogation endorsement attached to the certificate of insurance.

6.3.7 Notification of Incidents. Tenant shall notify Landlord within twenty four (24) hours after the occurrence of any accident or incident in/at Property or any portion thereof which could give rise to a claim against Landlord, its coverage, Tenant or Tenant’s insurance. Tenant’s notice shall be accompanied by a copy of any accident/incident form prepared by Tenant, reporting and/or relating to the accident/incident.

7. INDEMNITY; LIABILITY EXEMPTION.

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7.1 Indemnity. Except with respect to claims solely caused by Landlord’s active negligence or willful misconduct, Tenant shall indemnify, protect, defend, and hold harmless Landlord and its elected and appointed officers, officials, employees, volunteers, lenders, agents, and contractors and each of their successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the Term directly or indirectly as a result of or in connection with (i) any default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease; (ii) Tenant’s use of the Premises or the Property, including the conduct of Tenant’s business or any activity, work or things done, permitted or suffered by Tenant in or about the Building, the Premises, the Public Area, or other portions of the Property; (iii) any act, error or omission of Tenant or of any invitee, licensee or guest of Tenant, in or about the Building, the Premises, the Public Area, or other portions of the Property; (iv) loss of, injury, or damage to or destruction of property (including loss of use resulting from that loss, injury, damage or destruction); (v) all resulting economic losses, consequential and/or exemplary damages; and (vi) any subleases, assignments and related activities, (all of the foregoing, collectively, the “Indemnification”). Tenant shall provide such Indemnification by and through counsel reasonably acceptable to Landlord. The obligations of Tenant under this Section shall survive the expiration or sooner termination of this Lease.

7.2 Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s fixtures, equipment, furniture and alterations or injury to persons in, upon or about the Building, the Premises, the Public Area, or other portions of the Property arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct, Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s Parties or any other person in or about the Building, the Premises, the Public Area, or the Property, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising upon the Building, the Premises, the Public Area, or other portions of the Property or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant, if any, of the Building, the Premises, the Public Area or other portions of the Property or Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.

8. REPAIRS AND MAINTENANCE.

8.1 Landlord’s Obligations.

8.1.1 At Landlord’s Election on Tenant’s Behalf, Landlord shall not be required to make or bear the costs of any repair resulting from (i) any alteration or modification to the Premises or to mechanical equipment within the Premises performed by, for or because of

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Tenant or to special equipment or systems installed by, for or because of Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Premises, the Building, or the Property, or in and about the Premises, (iv) Tenant’s use or occupancy of the Premises in violation of Section 10 of this Lease or in the manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or Tenant’s Parties, (vi) fire and other casualty, except as provided by Section 12 of this Lease, (vii) condemnation, except as provided in Section 13 of this Lease, or (viii) or any condition which might require repair. If Landlord elects to undertake repairs and maintenance necessitated by causes set forth in the preceding sentence, then Tenant shall pay as Additional Rent, Landlord’s actual costs paid or incurred in connection therewith.

8.1.2 Tenant’s Waiver. Notwithstanding anything to the contrary, whether stated or implied in this Lease, Tenant waives and releases its rights to make repairs at Landlord’s expense or deduct such expenses from Rent, except as expressly stated in this Lease.

8.2 Tenant’s Obligations. Tenant, at Tenant’s expense, shall maintain the Premises in good order, condition and repair, including, without limitation, interior floor surfaces and floor coverings, interior walls and wall coverings, Signs and Graphics, and any items required for compliance with applicable laws, rules and regulations. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in good order, condition and repair, Landlord shall, upon five (5) days’ written notice to Tenant, have the right to perform such maintenance, repairs or refurbishing at Tenant’s expense, provided Tenant fails to do so within that five-day period.

9. ALTERATIONS.

9.1 Condition of Premises. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Building, Premises, Public Area, or Building except as specifically stated in this Lease.

9.1.1 Landlord Improvements to Premises. The Premises are leased in an as-is condition.

9.2 Tenant Improvements to Premises. Tenant, at Tenant’s sole cost and expense, may install interior improvements, subject to Landlord’s prior written approval (“Work”). Plans, specifications, and drawings for the Work shall be subject to prior written approval by Landlord’s Public Works Director, and Tenant shall be responsible for obtaining any and all required permits. Tenant may perform those components of the Work which constitute minor cosmetic alterations (i.e., painting), are non-structural, do not require a permit, and are not typically performed by a licensed contractor or tradesperson. Any other Work shall be performed by licensed contractors and in accordance with all applicable laws, including without limitation, any applicable State laws regarding prevailing wage requirements. In no event shall Tenant undertake any structural, electrical or plumbing work in connection with, or work on the exterior of, the Building, the Property or the Premises without Landlord’s advance written consent.

9.3 Trade Fixtures: Alterations. Subject to Section 9.6, Tenant may install necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and

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are removable without structural or material damage to the Premises. For purposes of this Lease, the term “trade fixture” shall mean specialty fixtures or equipment used in Tenant’s trade or business as identified by Tenant and agreed to by Landlord in writing. Tenant shall not construct, or allow to be constructed, any alterations or physical additions in, about or to the Premises without the prior written consent of Landlord.

9.4 Standard of Work. All work to be performed by or for Landlord or Tenant pursuant hereto shall be performed diligently and in a first-class, workmanlike manner, and in compliance with all Laws applicable to the Premises and insurance carrier requirements.

Landlord shall have the right, but not the obligation, to inspect periodically the Work, and Landlord may require changes in the method or quality of the Work. In no event shall the Work obstruct access to the Property, Building, Premises and/or Public Area or interfere with the operations of the Building Alteration activities, or related work.

9.5 Damage; Removal. Tenant shall repair all damage to the Property, the Building, and the Premises caused by the installation or removal of Tenant’s fixtures, equipment, furniture and alterations. Upon the termination of this Lease, Tenant shall remove any or all alterations, additions, improvements and partitions made or installed by Tenant and restore the Premises to their condition existing prior to the construction of any such items and perform any closure work, investigation and environmental remedial work required by any Hazardous Materials Laws (as hereinafter defined) or by any other applicable laws, ordinances, regulations or permits by any governmental authority having jurisdiction; provided, however, Landlord may require, upon written notice to Tenant no less than fifteen (15) days before the expiration of the Term, any such items (except trade fixtures) designated by Landlord to remain on the Premises, in which event they shall be and become the property of Landlord upon the termination of this Lease. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to cause any damage to the Building, the Premises, the Public Area, or the Property whatsoever and in strict accordance with all applicable laws, regulations and governmental orders.

9.6 Liens. Tenant shall promptly pay and discharge all claims for labor performed, supplies furnished, and services rendered at the request of Tenant and shall keep the Property, the Building, and the Premises free of all mechanics’ and materialmen’s liens in connection therewith. Tenant shall provide at least ten (10) days’ prior written notice to Landlord before any labor is performed, supplies furnished or services rendered on or at the Premises and Landlord shall have the right to post on the Premises notices of non-responsibility. If any lien is filed, Tenant shall cause such lien to be released and removed within ten (10) days after the date of filing, and if Tenant fails to do so, Landlord may take such action as may be necessary to remove such lien, without the duty to investigate the validity of it (unless Tenant has commenced an action to contest, dispute or defend the claims of lienholders and has provided Landlord with written notice of the pendency of the action), and Tenant shall pay Landlord such amounts expended by Landlord together with interest thereon, at the Applicable Interest Rate, from the date of expenditure.

9.7 Satellites and Antennae. Notwithstanding anything in this Lease to the contrary, Landlord and Tenant agree that it shall be reasonable for Landlord to withhold its consent to (i) installation in or about the Premises, Building, or Property of equipment comprising or relating to relays, monopoles, satellite dishes, antennae, wireless telecommunications devices,

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transmitters, roof mounts, two-way radios, or similar apparatus (collectively, “Transmission Devices”) or (ii) any assignment or subletting which permits or contemplates installation of such Transmission Devices.

10. USE.

10.1 Usage. The Premises will be used as a café serving specialty coffees and teas, sandwiches and other light menu items and for the ancillary sale of gift and souvenir items that are consistent with a retail café operation (including postcards, mugs and tee shirts), sale of frozen bait, of the type used for fishing, to the extent such practice is consistent with any applicable federal, state or local regulations, and for no other uses without the prior written consent of Landlord, which may be granted or withheld in Landlord’s sole discretion. Subject to Tenant obtaining all required permits from the State and City, Tenant may serve beer and wine (but no other alcoholic beverages). Tenant acknowledges that neither Landlord nor any of Landlord’s agents has made any representation or warranty with regard to the Premises, the Building, the Public Area, or the Property with respect to their suitability for the conduct of Tenant’s business. Tenant’s execution of this Lease and entry of the Premises hereunder shall conclusively establish that the foregoing were at such time in satisfactory condition. Tenant, at Tenant’s expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state, county and municipal authorities now in force or which may hereafter be in force (“Laws”), which shall impose any duty upon Landlord or Tenant with respect to the use, occupancy, or alteration of the Premises. Tenant shall be responsible for obtaining any permit or business license required by any governmental agency permitting Tenant’s use of the Premises. Tenant shall comply with the rules and regulations, including observance of prohibited uses, attached hereto as Exhibit C and incorporated by reference, together with such reasonable additional rules and regulations as Landlord may from time to time prescribe. Tenant shall not commit waste, overload the floors or structure of the Building, subject the Property or any portion thereof to any use which would damage the same or increase the risk of loss or violate any insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises, take any action which would constitute a nuisance or would disturb, obstruct or endanger any other tenants, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Landlord shall not be responsible for non-compliance by any other tenant or occupant with, or Landlord’s failure to enforce, any of the rules and regulations or any other terms or provisions of such tenant’s or occupant’s lease. Tenant shall promptly comply with the reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Property or any portion thereof

10.2 Quiet Enjoyment. Tenant, upon paying Rent and performing all of its obligations under this Lease, shall peaceably and quietly enjoy the Premises, subject to the terms of this Lease, and any mortgage, deed of trust, lease, or other agreement to which this Lease may be subordinate or affecting all or any portion of the Building or any of the areas used in connection with the operation of the Building. Tenant acknowledges that the Premises are adjacent to a Cityowned pier. Tenant acknowledges that Tenant is leasing the Premises with full awareness of this adjacent use.

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10.3 Access. Tenant shall be permitted 24 hour a day access to the Premises. During Building Alteration activities, Landlord shall require its contractor to use good faith efforts to minimize any interference with Tenant’s right of access.

11. ENVIRONMENTAL MATTERS.

11.1 Environmental Compliance. Tenant shall, at its sole cost and expense, comply with all federal, state and local laws from time to time in effect (“Hazardous Materials Laws”) concerning the management, use, generation, storage, transportation, presence, discharge or disposal of hazardous, toxic, radioactive or carcinogenic materials, substances or wastes (“Hazardous Materials”). Neither Tenant nor its agents, employees, contractors, sublessees, assignees or invitees shall use, handle, store, transport, release or dispose of any Hazardous Materials anywhere in, on, under or about the Premises or the Building. Tenant shall cause any and all Hazardous Materials brought onto, used, generated, stored or discharged in the Premises to be removed from the Premises and transported for disposal in accordance with applicable Hazardous Materials Laws. Landlord shall have the right to enter the Premises from time to time to conduct tests, inspections and surveys concerning Hazardous Materials and to monitor Tenant’s compliance with its obligations concerning Hazardous Materials and Hazard Materials Laws. Tenant shall immediately notify Landlord in writing of any voluntary clean-up or removal action instituted or proposed by Tenant, any enforcement, clean-up, removal or other governmental or regulatory action instituted or threatened, or any claim made or threatened by any person against Tenant, the Premises, or the Building relating to Hazardous Materials or Hazardous Materials Laws, Tenant shall also supply to Landlord as promptly as possible, and in any event within five (5) business days after Tenant receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Premises or Tenant’s use thereof and concerning Hazardous Materials or Hazardous Materials Laws.

11.2 Tenant’s Indemnification. Except to the extent caused by Landlord’s sole or active negligence, Tenant shall indemnify, defend and hold Landlord harmless from any claims, causes of action, liabilities, losses, damages, injunctions, suits, fines, penalties, costs or expenses (including attorneys’ fees and expenses) caused or alleged to have been caused by the presence, use or release of Hazardous Materials in or about the Premises, including, without limitation, any personal injury, death, property damage, decrease in value of the Premises or Building, caused or alleged to have been caused by the use, storage, generation, presence or release of Hazardous Materials, whether such claims, causes of action or liabilities are first asserted during the Term or thereafter, and including without limitation, claims made against Landlord with respect to personal injury, death or property damage sustained by third parties caused or alleged to have been caused by the use, storage, generation, presence or release of Hazardous Materials in violation of Tenant’s obligations under this Lease. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease.

12. DAMAGE AND DESTRUCTION.

12.1 If, during the Term, the Building and other improvements that are part of the Premises are totally or partially destroyed from any cause, rendering the Premises totally or partially inaccessible or unusable, and at least one (1) year of the Term remains, Landlord shall restore said Building and improvements to substantially the same condition as they were in

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immediately before destruction, if the restoration can be made under then existing laws and can be completed within 180 working days after obtaining all necessary permits therefore, and if the cost of such repairs does not exceed the amount of insurance proceeds received by Landlord from Tenant’s Insurance pursuant to Section 6 above, on account of such damages. Such destruction shall not terminate this Lease. In case of destruction, there shall be an abatement or reduction of Rent, between the date of destruction and the date of completion of restoration if restoration takes place, based on the extent to which the destruction actually interferes with Tenant’s use of the Premises. Tenant hereby waives the provisions of Sections 1932, Subdivision 2, and 1933, Subdivision 4, of the Civil Code of California. If the restoration cannot be made in the time stated in this paragraph, then within 15 days after the parties determine that the restoration cannot be made in the time stated in this paragraph, Tenant can terminate this Lease immediately by giving written notice to Landlord. If Tenant fails to terminate this Lease and if restoration is permitted under the existing laws, Landlord, at its election, can either terminate this Lease or restore the Building and other improvements that are part of the Premises within a reasonable time and this Lease shall continue in full force and effect. If the existing laws do not permit the restoration, either party can terminate this Lease immediately by giving notice to the other party. In the event of the giving of such notice of termination by Landlord or Tenant as provided herein, this Lease and all interest of Tenant in the Premises shall terminate 15 days after receipt of such notice by the other party.

12.2 Uninsured or Underinsured Casualty. In the event that the Building or the Premises are (i) damaged to the extent Tenant is unable to use the Premises and such damage is not covered by insurance proceeds received by Landlord, (ii) the Building or the Premises are damaged to the extent that the estimated repair cost exceeds the insurance proceeds, if any, available for such repair (not including the deductible(s), if any, on Landlord’s property and other applicable insurance) plus any amount that Tenant is obligated or elects to pay for such repair, (iii) the estimated repair cost, even though covered by insurance, exceeds fifty percent (50%) of the full replacement cost of the Premises, or (iv) in the event that the holder of any indebtedness secured by the Building or the Premises requires that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right at Landlord’s option either (a) to repair such damage as soon as reasonably possible at Landlord’s expense, or (b) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage.

12.3 Tenant’s Fault; Repair Limitation. If the Premises are damaged resulting from the negligence or breach of this Lease by Tenant or any of Tenant’s Parties, Rent shall not be reduced during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair caused thereby to the extent such cost is not covered by insurance proceeds.

Notwithstanding anything in this Lease to the contrary, and except to the extent caused by Landlord’s sole or active negligence, Landlord shall not be required to repair any injury or damage, by fire or other cause to the property of Tenant or to make repairs or replacements of any decorations, or any improvements installed on the Premises by or for Tenant, unless Landlord has received insurance proceeds from Tenant’s property insurance as provided in Section 6.2.3 above, and neither Tenant nor Landlord have opted to terminate this Lease as provided in Section 19.1.

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13. EMINENT DOMAIN.

13.1 Effect on Rights and Obligations. If any portion of the Premises is permanently taken by condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if 15% or more of the total number of square feet in the Premises is taken or if the remaining portion of the Premises is rendered unsuitable for Tenant’s continued use. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving written notice to Landlord within 30 days after the nature and the extent of the taking have been finally determined, as of the date of termination, which date shall not be earlier than 30 days nor later than 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the date of taking if the date of taking falls on a date before the date of termination as designated by Tenant. If Tenant does not terminate this Lease within the 30-day period, this Lease shall continue in full force and effect, except that the monthly Rent thereafter to be paid shall be reduced on a pro-rata basis. Tenant shall notify Landlord in writing of any condemnation or threatened condemnation within ten (10) days after Tenant receives notice of said action or threatened action.

14. DEFAULT.

14.1 Events of Default. When used in this Lease with reference to Tenant, the term “default” refers to any breach of Tenant’s obligations under this Lease, however brief. When any such default continues for the applicable period specified below, such default shall constitute an Event of Default hereunder, entitling Landlord to exercise the remedies set forth in Sections 14.2 and 14.3 of this Lease. The occurrence of any of the following events shall constitute an “Event of Default”:

14.1.1 Failure to comply with Assignment and Subletting provisions as set forth in Section 15.1;

14.1.2 Abandonment of or vacating the Premises for a period of thirty (30) consecutive days;

14.1.3 Failure to pay Rent on the date when due and the failure continuing for a period of ten (10) days after such payment is due;

14.1.4 Failure to perform Tenant’s covenants and obligations hereunder (except default in the payment of Rent) where such failure continues for a period of thirty (30) days;

14.1.5 The making of a general assignment by Tenant for the benefit of creditors; the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing; the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold; Tenant’s insolvency or inability to pay Tenant’s debts or failure generally to pay Tenant’s debts when due; any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant’s assets; Tenant taking any action toward the dissolution or winding up of Tenant’s affairs; the cessation or suspension of

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Tenant’s use of the Premises; or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold; or

14.1.6 The making of any material misrepresentation or omission by Tenant or any successor in interest of Tenant in any materials delivered by or on behalf of Tenant to Landlord or Landlord’s lender pursuant to this Lease.

14.2 Remedies.

14.2.1 Termination. In the event of the occurrence of any Event of Default, Landlord shall have the right to give a written termination notice to Tenant and, on the date specified in such notice (which date is at least two (2) business days following the date of delivery of such notice), this Lease shall terminate unless on or before such date all arrears of Rent and all other sums payable by Tenant under this Lease and all costs and expenses incurred by or on behalf of Landlord hereunder shall have been paid by Tenant and all other Events of Default at the time existing shall have been fully remedied to the satisfaction of Landlord.

A. Repossession. Following termination, without prejudice to other remedies Landlord may have, Landlord may (i) peaceably re-enter the Premises upon voluntary surrender by Tenant or remove Tenant therefrom and any other persons occupying the Premises, using such legal proceedings as may be available; (ii) repossess the Premises or re-let the Premises or any part thereof for such term (which may be for a term extending beyond the Term), at such rental and upon such other terms and conditions as Landlord in Landlord’s sole discretion shall determine, with the right to make reasonable alterations and repairs to the Premises; and (iii) remove all personal property therefrom.

B. Unpaid Rent. Landlord shall have all the rights and remedies of a landlord provided by applicable law, including the right to recover from Tenant: (a) the worth, at the time of award, of the unpaid Rent that had been earned at the time of termination, (b) the worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after the date of termination until the time of award exceeds the amount of loss of rent that Tenant proves could have been reasonably avoided, (c) the worth, at the time of award, of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided, and (d) any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant’s default. The phrase “worth, at the time of award,” as used in (a) and (b) above, shall be computed at the Applicable Interest Rate, and as used in (c) above, shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).

14.2.2 Continuation. Landlord shall have the remedy described in California Civil Code section 1951.4 (as amended from time to time, and successor statutes thereto) and Landlord may continue the Lease in effect after Tenant’s breach and abandonment and recover Rent as it becomes due. In the event and for so long as Landlord elects this remedy, Tenant shall have the right to sublet its Premises, assign its interest in the Lease, or both, subject to Landlord’s prior written consent, which shall not be unreasonably withheld. In addition, even though an Event of Default may have occurred, this Lease shall continue in effect for so long as

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Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all of Landlord’s rights and remedies under this Lease, including the right to recover Rent as it becomes due. Landlord, without terminating this Lease, may, during the period Tenant is in default, enter the Premises and re-let the same, or any portion thereof, to third parties for Tenant’s account and Tenant shall be liable to Landlord for all costs Landlord incurs in re-letting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises and like costs. Re-letting may be for a period shorter or longer than the remaining Term. Tenant shall continue to pay the Rent on the date the same is due. No act by Landlord hereunder, including acts of maintenance, preservation or efforts to lease the Premises or the appointment of a receiver upon application of Landlord to protect Landlord’s interest under this Lease, shall terminate this Lease unless Landlord notifies Tenant that Landlord elects to terminate this Lease. In the event that Landlord elects to re-let the Premises, the rent that Landlord receives from re-letting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent and Additional Rent; second, all costs, including maintenance, incurred by Landlord in re-letting; and, third, Base Rent and Additional Rent. After deducting the payments referred to above, any sum remaining from the rental Landlord receives from re-letting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent received from the re-letting is less than the Rent due on that date, Tenant shall pay to Landlord, in addition to the remaining Rent due, all costs, including maintenance, which Landlord incurred in re-letting the Premises that remain after applying the rent received from re-letting as provided hereinabove. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the Applicable Interest Rate from the date of such expenditure.

14.3 Remedies Cumulative. Each right and remedy of Landlord provided for herein or now or hereafter existing at law, in equity, by statute or otherwise shall be cumulative and shall not preclude Landlord from exercising any other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity, by statute or otherwise. No payment by Tenant of a lesser amount than the Rent nor any endorsement on any check or letter accompanying any check or payment as Rent shall be deemed an accord and satisfaction of full payment of Rent; and Landlord may accept such payment without prejudice to Landlord’s right to recover the balance of such Rent or to pursue other remedies.

14.4 Default of Landlord. Except to the extent caused by reasons beyond Landlord’s reasonable control, Landlord’s failure to perform any obligation required of it pursuant to the terms of this Lease within thirty (30) days following written notice from Tenant or, in the case of any obligation which cannot reasonably be performed within thirty (30) days, Landlord’s failure to commence such performance within said thirty (30) day period and thereafter diligently pursue such performance to completion, shall constitute a default by Landlord under the terms of this Lease. In the event of a default by Landlord, Tenant shall have the right to seek any and all remedies provided for in this Lease or otherwise existing at law.

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15. ASSIGNMENT AND SUBLETTING.

15.1 Landlord’s Consent. Tenant shall not assign, sublet or otherwise transfer, whether voluntarily or involuntarily or by operation of law, the Premises or any part thereof, without Landlord’s prior written approval, which shall not be unreasonably withheld. Any sublease or assignment or other transfer agreements shall be subject to Landlord’s prior written approval.

Tenant’s attempted assignment/subletting without first obtaining Landlord’s written consent shall be void at Landlord’s election. Landlord’s consent to one assignment or subletting shall not be deemed a consent to subsequent assignments and/or sublettings. The parties agree that it shall be reasonable for Landlord to withhold its consent to a proposed assignment or subletting if the proposed assignee or sublessee or the nature of its business would require Landlord to incur additional expense in construction work or other work to the Premises that would not otherwise be required if Tenant remained, for example, if the proposed assignee or sublessee is subject to compliance with additional requirements of the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) (including related regulations) beyond those requirements which are applicable to the tenant desiring to assign or sublease, if the proposed assignee’s or sublessee’s activities in, on or about the Premises or the Property involve the use, analysis, handling, storage, transport, discharge, release, generation or disposal of any Hazardous Materials, or if the proposed assignment or subletting would violate any section of this Lease.

15.2 Notice. If Tenant desires to assign this Lease or sublet any or all of the Premises, Tenant shall give Landlord written notice thereof (“Tenant’s Transfer Request”) with copies of all related documents and agreements associated with the assignment or sublease, including without limitation, a description of the space Tenant proposes to assign or sublet, the anticipated effective date of the assignment or sublease, the financial statements of any proposed assignee or sublessee, at least forty-five (45) days prior to the anticipated effective date of the assignment or sublease. A condition to Landlord’s consent to any Transfer of this Lease will be the delivery to Landlord of a true copy of the fully executed instrument of assignment, sublease, transfer or hypothecation, in form and substance reasonably satisfactory to Landlord. Landlord shall have a period of thirty (30) days following receipt of Tenant’s Transfer Request and all related documents and agreements to notify Tenant in writing of Landlord’s election to disapprove the Sublease or Assignment. In any event, if Landlord fails to notify Tenant in writing of Landlord’s election, Landlord shall be deemed to have disapproved such assignment or subletting, nor shall failure by Landlord to approve a proposed tenant shall cause a termination of this Lease. This Lease may not be assigned by operation of law. Any purported assignment or subletting contrary to the provisions hereof shall be void at Landlord’s election and shall constitute an Event of Default hereunder.

15.3 Subject to Lease. Any assignments or sublets must be subject to and in accordance with the terms and conditions of this Lease, and must be consistent with the use requirements provided in Section 10 herein. In no event may any sublessee encumber this Lease.

Tenant shall remain fully liable under this Lease and shall not be released from performing any of the terms, covenants and conditions of this Lease.

15.4 [Intentionally omitted.]

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15.5 Indemnification. Tenant shall ensure that any sublessees or assigns through their subleases or assignment agreements shall indemnify, protect, defend, and hold harmless Landlord and its elected and appointed officers, officials, employees, volunteers, lenders, agents, contractors and each of their successors and assigns to the same extent that Tenant shall so indemnify Landlord as set forth in this Lease.

15.6 Relocation Waiver. Each sublease or rental agreement shall contain a relocation waiver in substantially the following form: “Relocation Waiver. Sublessee fully releases and discharges the City of Pacifica (in its capacity as Landlord and otherwise as a municipal corporation) from all and any manner of rights, demands, liabilities, obligations, claims, or cause of actions, in law or equity, of whatever kind or nature, whether known or unknown, whether now existing or hereinafter arising, which arise from or relate in any manner to the sale of the Property, Building, Premises, or the Subleased Premises, the full or partial termination of Sublessee’s leasehold interest as permitted under this Sublease, or the relocation of Sublessee’s business operations or the relocation of any person or persons, business or businesses, or other occupant or occupants located on the Subleased Premises, including, without limitation, the specific waiver and release of any right to any relocation benefits, assistance and/or payments under Government Code sections 7260 et seq. (“Relocation Assistance Law”), notwithstanding that such relocation assistance, benefits and/or payments may be otherwise required under the Relocation Assistance Law or other state or federal law. Sublessee acknowledges and agrees that the release and waiver set forth in this section is material consideration for Landlord’s consent to the sublease by Sublandlord of the Subleased Premises to Sublessee on the terms set forth herein and that, but for this release and waiver, Landlord would not have consented to the sublease of the Subleased Premises by Sublandlord to Sublessee. It is hereby intended that the above release relates to both known and unknown claims that the Sublessee may have, or claim to have, against the Landlord or the City of Pacifica with respect to the subject matter contained herein or the events relating thereto. By releasing and forever discharging claims both known and unknown which are related to or which arise under or in connection with the items set out above, the Sublessee expressly waives any rights under California Civil Code section 1542, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.”

15.7 Liability. Landlord may, without waiving any rights or remedies, collect rent from the assignee, sublessee or occupant and apply the net amount collected to the Rent herein reserved and apportion any excess rent so collected in accordance with the terms of the preceding sentence. Tenant (and successor tenants) shall continue to be liable as a principal and not as a guarantor or surety to the same extent as though no assignment or subletting had been made. In addition, Tenant shall make all legally required disclosures to the proposed assignee or sublessee. Landlord may consent to subsequent assignments or subletting of this Lease or amendments or modifications to the Lease by assignees of Tenant without notifying Tenant or any successor of Tenant and without obtaining their consent; Landlord’s consent shall not be construed as relieving Tenant or any successor tenant of any liability or obligation under the

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Lease. No transfer shall be effective until there has been delivered to Landlord a counterpart of the transfer instrument in which the transferee agrees to be and remain jointly and severally liable with Tenant (and if applicable, successor tenants) for the payment of Rent pertaining to the Premises and for the performance of all the terms and provisions of this Lease relating thereto arising on or after the date of the transfer. No transfer will release Tenant of Tenant’s obligations under this Lease or alter the primary liability of Tenant to pay the rent and to perform all other obligations to be performed by Tenant hereunder. In the event of default by any transferee of Tenant or any successor of Tenant in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such transferee or successor. Notwithstanding any contrary provision of this Lease, if Tenant or any proposed transferee claims that Landlord has unreasonably withheld or delayed its consent to a proposed transfer or otherwise has breached its obligations under this Section, Tenant’s and such transferee’s only remedy shall be to seek a declaratory judgment and/or injunctive relief, and Tenant, on behalf of itself and, to the extent permitted by law, such proposed transferee waives all other remedies against Landlord, including without limitation, the right to seek monetary damages or to terminate this Lease.

16. ESTOPPEL, ATTORNMENT AND SUBORDINATION.

16.1 Estoppel. Within ten (10) days after request by Landlord, Tenant shall deliver an estoppel certificate duly executed (and acknowledged if required by any lender or purchaser) to any proposed mortgagee, purchaser or Landlord, in a form substantially similar to that requested by the proposed mortgagee, purchaser or Landlord. Tenant’s failure to deliver said estoppel certificate in such time period shall be an Event of Default hereunder and shall be conclusive upon Tenant that (a) this Lease is in full force and effect, without modification except as may be represented by Landlord; (b) there are no uncured defaults in Landlord’s performance and Tenant has no right of offset, counterclaim or deduction against Rent hereunder; and (c) no more than one month’s Base Rent has been paid in advance. In addition, except to the extent caused by Landlord’s sole or active negligence, Tenant shall indemnify and hold Landlord harmless from and against any and all damages, penalties, fines, taxes, costs, liabilities, losses and expenses (including, without limitation, reasonable attorneys’ fees and court costs) which Landlord may sustain or incur as a result of or in connection with Tenant’s failure or delay in delivering such estoppel certificate. Landlord reserves the right to substitute a different form of estoppel certificate upon the request of any proposed mortgagee or purchaser. If any financier should require that this Lease be amended (other than in the description of the Premises, the Term, the Permitted Uses, the Rent or as will substantially, materially and adversely affect the rights of Tenant), Landlord shall give written notice thereof to Tenant, which notice shall be accompanied by a Lease supplement embodying such amendments. Tenant shall, within ten (10) days after the receipt of Landlord’s notice, execute and deliver to Landlord the tendered Lease supplement,

16.2 Subordination. This Lease shall be subject and subordinate to all ground leases, and the lien of all mortgages and deeds of trust which now or hereafter affect the Premises or the Property or Landlord’s interest therein, and all amendments thereto, all without the necessity of Tenant’s executing further instruments to effect such subordination; provided, however, that Tenant’s rights hereunder shall not be disturbed, except in accordance with the terms and provisions of this Lease. If requested, Tenant shall execute and deliver to Landlord within ten

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(10) days after Landlord’s request, whatever documentation that may reasonably be required to further effect the provisions of this section.

Notwithstanding anything to the contrary set forth herein, Tenant acknowledges and agrees that this Lease is subordinate and subject to any ground lease, license, or other property right or permission the Landlord has obtained from the Commission authorizing the occupancy and use of the Property and the Premises by the Landlord. In the event of a conflict between this Lease and any lease, license, or other similar document between the Landlord and the Commission, the document between the Landlord and the Commission shall control.

16.3 Attornment. In the event of a foreclosure proceeding, the exercise of the power of sale under any mortgage or deed of trust or the termination of a ground lease, Tenant shall, if requested, attorn to the purchaser thereupon and recognize such purchaser as Landlord under this Lease. The transferee shall not be liable for any acts, omissions or defaults of Landlord that occurred before the sale or conveyance, or the return of any security deposit except for deposits actually paid to transferee, and except as reduced as expressly provided for by operation of law.

17. RELOCATION.

17.1 Tenant fully releases and discharges Landlord (in its capacity as Landlord and otherwise as a municipal corporation) from all and any manner of rights, demands, liabilities, obligations, claims, or cause of actions, in law or equity, of whatever kind or nature, whether known or unknown, whether now existing or hereinafter arising, which arise from or relate in any manner to the sale of the Property, Building, or Premises, the full or partial termination of Tenant’s leasehold interest as permitted under this Lease, or the relocation of Tenant’s business operations or the relocation of any person or persons, business or businesses, or other occupant or occupants located on the Premises including, without limitation, the specific waiver and release of any right to any relocation benefits, assistance and/or payments under Government Code sections 7260 et seq. (“Relocation Assistance Law”), notwithstanding that such relocation assistance, benefits and/or payments may be otherwise required under the Relocation Assistance Law or other state or federal law. Tenant acknowledges and agrees that the release and waiver set forth in this section is material consideration for Landlord’s lease of the Premises to Tenant on the terms set forth herein and that, but for this release and waiver, Landlord would not have leased the premises to Tenant. It is hereby intended that the above release relates to both known and unknown claims that the Tenant may have, or claim to have, against the Landlord or the City of Pacifica with respect to the subject matter contained herein or the events relating thereto. By releasing and forever discharging claims both known and unknown which are related to or which arise under or in connection with the items set out above, the Tenant expressly waives any rights under California Civil Code section 1542, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.”

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18. MISCELLANEOUS.

18.1 General.

18.1.1 Entire Agreement. This Lease sets forth all the agreements between Landlord and Tenant concerning the Property, the Premises, the Building and the Public Area; and there are no agreements either oral or written other than as set forth herein.

18.1.2 Time of Essence. Time is of the essence of this Lease.

18.1.3 Attorneys’ Fees. In any action or proceeding which either party brings against the other to enforce its rights hereunder, the unsuccessful party shall pay all costs incurred by the prevailing party, including reasonable attorneys’ fees, which amounts shall be a part of the judgment in said action or proceeding.

18.1.4 Severability. If any provision of this Lease or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, the remaining provisions of this Lease and the application thereof shall remain in full force and effect and shall not be affected, impaired or invalidated.

18.1.5 Governing Law; Venue. This Lease shall be construed and enforced in accordance with the laws of the state of California without regard to principles of conflicts of laws. Any action filed to enforce or interpret this Lease shall be filed and heard exclusively in the Superior Court of San Mateo County or the federal district court for the Northern District of California.

18.1.6 No Option. Submission of this Lease to Tenant for examination or negotiation does not constitute an option to lease, offer to lease or a reservation of, or option for, the Premises; and this document shall become effective and binding only upon the execution and delivery hereof by Landlord and Tenant.

18.1.7 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the successors and assigns of Landlord and, subject to compliance with the terms of Section 15, Tenant.

18.1.8 Third Party Beneficiaries. Nothing herein is intended to create any thirdparty benefit.

18.1.9 Memorandum of Lease. Landlord may elect to have either this either this Lease or a short form memorandum hereof recorded pursuant to the requirements of California Government Code section 37393. Tenant shall cooperate with Landlord in executing and acknowledging any such memorandum of lease. Upon the expiration or other termination of this Lease, Tenant shall immediately execute and deliver to Landlord a quitclaim deed to the Premises, Building, and/or Property, as required, in recordable form, designating Landlord as transferee or grantee.

18.1.10 No Agency, Partnership or Joint Venture. Nothing contained herein nor any acts of the parties hereto shall be deemed or construed by the parties hereto, nor by any third

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party, as creating the relationship of principal and agent or of partnership or of joint venture by the parties hereto or any relationship other than the relationship of landlord and tenant.

18.1.11 Merger. The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof or a termination by Landlord shall not work a merger and shall, at the option of Landlord, terminate all or any existing sub tenancies or may, at the option of Landlord, operate as an assignment to Landlord of any or all of such sub tenancies.

18.1.12 Headings. Section headings have been inserted solely as a matter of convenience and are not intended to define or limit the scope of any of the provisions contained herein.

18.2 Signs. All signs and graphics of every kind visible in or from public view or corridors, the exterior of the Premises, the exterior of the Building, or on monuments installed or caused to be installed by, for the benefit of, or at the request of Tenant (“Signs and Graphics”) shall be subject to Landlord’s prior written approval, shall be in keeping with the character of the Building and shall be subject to any applicable governmental laws, ordinances, and regulations and in compliance with Landlord’s signage program, Tenant shall remove all such Signs and Graphics prior to the termination of this Lease. Such installations and removals shall be made in such manner as to avoid injury or defacement of the Premises; and Tenant shall repair any injury or defacement, including without limitation, discoloration caused by such installation or removal.

Tenant shall be responsible for all fees, costs and expenses associated with installation and removal of Signs and Graphics. In the event any such fees, costs or expenses are incurred by Landlord (whether directly or indirectly), Landlord shall deliver to Tenant an invoice, with reasonable supporting documentation, and Tenant shall reimburse Landlord for those amounts within fifteen (15) days after receipt of such invoice. Notwithstanding anything in this Lease to the contrary, Landlord is not required to provide Signs and Graphics beyond the standards set forth in the Rules and Regulations. Under no circumstances shall Tenant install or operate lighted signage.

18.3 Proprietary and Governmental Roles; Actions by City. Except where clearly and expressly provided otherwise in this Lease, the capacity of the City in this Lease shall be as owner and lessor of property only (“Proprietary Capacity”), and any obligations or restrictions imposed by this Lease on the City shall be limited to that capacity and shall not relate to, constitute a waiver of, supersede or otherwise limit or affect its governmental capacities, including enacting laws, inspecting structures, reviewing and issuing permits, and all of the other legislative and administrative or enforcement functions pursuant to federal, state or local law (“Governmental Capacity”). When acting in its Proprietary Capacity, discretionary actions may be undertaken by the City Manager or other designees as designated by the City Manager to the extent otherwise provided for in this Lease. In addition, nothing in this Lease shall supersede or waive any discretionary or regulatory approvals required to be obtained from the City under applicable law, nor guarantee that the City, in its Governmental Capacity, will grant any particular request for a license, permit or other regulatory approval. Lessee understands that the City may grant or deny such request in its sole discretion and may impose such terms and conditions as it deems consistent with that discretion and applicable law.

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18.3 Waiver. No waiver of any default or breach hereunder shall be implied from any omission to take action on account thereof, notwithstanding any custom and practice or course of dealing. No waiver by either party of any provision under this Lease shall be effective unless in writing and signed by such party. No waiver shall affect any default other than the default specified in the waiver and then such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant shall not be construed as a waiver of any subsequent breach of the same.

18.4 Limitation of Liability. The obligations of Landlord under this Lease are not personal obligations of the individual officials, officers, agents or employees of Landlord, and Tenant shall look solely to the Premises for satisfaction of any liability of Landlord and shall not look to other assets of Landlord nor seek recourse against the assets of the individual officials, officers, agents or employees of Landlord. Whenever Landlord transfers its interest, Landlord shall be automatically released from further performance under this Lease and from all further liabilities and expenses hereunder and the transferee of Landlord’s interest shall assume all liabilities and obligations of Landlord hereunder from the date of such transfer.

18.5 Notices. All notices to be given hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or delivered by personal or courier delivery, or sent by facsimile (immediately followed by one of the preceding methods), to Landlord’s Address and Tenant’s Address, as applicable, as set forth in Item 1 and 2 of the Basic Lease Information, or to such other place as Landlord or Tenant may designate in a written notice given to the other party. Notices shall be deemed served upon the earlier of receipt or three (3) days after the date of mailing.

18.6 Brokerage Commission. Landlord and Tenant each represents that neither has been represented by any broker in connection with this Lease, and that no real estate broker’s commission, finder’s fee or other compensation (“Commission”) is due or payable. Tenant agrees to indemnify and hold harmless Landlord from any claims or liability, including reasonable attorneys’ fees, in connection with a claim by any person for a Commission based upon any statement, representation or agreement of Tenant.

18.7 Authorization. Each individual or entity executing this Lease on behalf of Tenant represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of Tenant and that such execution is binding upon Tenant.

18.8 Holding Over; Surrender.

18.8.1 Holding Over, If Tenant holds over the Premises or any part thereof after expiration or earlier termination of the Term, such holding over shall constitute a month-tomonth tenancy, at a rent equal to two hundred percent (200%) of the Base Rent in effect immediately prior to such holding over and shall otherwise be on all the other terms and conditions of this Lease. This section shall not be construed as Landlord’s permission for Tenant to hold over. Acceptance of Rent by Landlord following expiration or termination shall not constitute a renewal of this Lease or extension of the Term except as specifically set forth above.

If Tenant fails to surrender the Premises upon expiration or earlier termination of this Lease, Tenant shall indemnify and hold Landlord harmless from and against all loss or liability resulting

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from or arising out of Tenant’s failure to surrender the Premises, including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after the expiration or earlier termination of this Lease and any related attorneys’ fees and brokerage commissions.

18.8.2 Surrender. Upon the termination of this Lease or Tenant’s right to possession of the Premises, Tenant will surrender the Premises, together with all keys, in good condition and repair, reasonable wear and tear excepted. Conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements shall not be deemed “reasonable wear and tear.”

18.9 Joint and Several. If Tenant consists of more than one person, the obligation of all such persons shall be joint and several.

18.10 Compliance with Law. Tenant and its officers, employees, agents and assigns shall be bound by and comply with all applicable federal, state and local laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations, rights and performance under the terms of this Lease.

18.11 Covenants and Conditions. Each provision to be performed by Tenant hereunder shall be deemed to be both a covenant and a condition. This Lease shall be construed as though the covenants between Landlord and Tenant are independent and not dependent. Tenant expressly waives the benefit of any statute to the contrary, and agrees that even if Landlord fails to perform its obligations under this Lease, Tenant shall not be entitled to make repairs or perform any acts at Landlord’s expense, or to any setoff against Rent or other amounts owing under this Lease against Landlord.

18.12 Force Majeure. A Party shall not be considered to be in default or breach of this Agreement, and shall be excused from performance or liability for damages to the other Party, if and to the extent it shall be delayed in or prevented from performing or carrying out any of the provisions of this Lease, arising out of or from any action, inaction, order, ruling, moratorium, regulation, statute, condition or other decision of any governmental agency having jurisdiction over any portion of the Property, over the construction anticipated to occur thereon or over any uses thereof, or by fire, flood, inclement weather, strikes, lockouts or other labor or industrial disturbance (whether or not on the part of agents or employees of either party hereto engaged in the construction of the Premises), civil disturbance, epidemic, pandemic, quarantine, order of any government, court or regulatory body claiming jurisdiction or otherwise, acts of terrorism, act of public enemy, war, riot, sabotage, blockade, embargo, failure or inability to secure materials, supplies or labor through ordinary sources by reason of shortages or priority, discovery of hazardous or toxic materials, earthquake, or other natural disaster, or any cause whatsoever beyond the reasonable control (excluding financial inability) of the party whose performance is required, or any of its contractors or other representatives, whether or not similar to any of the causes hereinabove stated.

Any Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of its obligations in any greater scope or for any longer duration than is required by the Force Majeure event. Each

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Party shall use its best efforts to mitigate the effects of such Force Majeure event, remedy its inability to perform, and resume full performance of its obligations hereunder. A Party suffering a Force Majeure event (“Affected Party”) shall notify the other Party (“Non-Affected Party”) in writing (“Notice of Force Majeure Event”) as soon as reasonably practicable specifying the cause of the event, the scope of commitments under the Agreement affected by the event, and a good faith estimate of the time required to restore full performance. Except for those commitments identified in the Notice of Force Majeure Event, the Affected Party shall not be relieved of its responsibility to fully perform as to all other commitments in the Agreement. If the Force Majeure event continues for a period of more than 90 days from the date of the Notice of Force Majeure Event, the Non-Affected Party shall be entitled, at its sole discretion, to terminate the Agreement.

For the avoidance of doubt, Force Majeure shall not include a party’s financial inability to perform its obligations hereunder. Notwithstanding the preceding, upon the occurrence of a Force Majeure event, Landlord may, at Landlord’s sole discretion, reduce the amount of rent due during the Force Majeure event, provided, however, that the amount of any such reduction shall be repaid in monthly installments during the remainder of the term of the Lease following the cessation of the Force Majeure event. Any unpaid balance at the end of the term of the Lease shall be due and payable in full. In the event of a Force Majeure event that limits or prevents Tenant’s access to the Premises, Rent shall be abated for the duration of such Force Majeure event.

18.13 Rights to Terminate. Both Tenant and Landlord may terminate this Lease upon sixty (60) days’ prior written notice, only on the grounds of a material default of the Lease.

Notwithstanding the foregoing, Landlord may terminate this Lease absent a material default in the event that Landlord determines that the Premises require repair or restoration, Landlord may terminate this Lease upon sixty (60) days prior written notice to Tenant. In the event that the Lease obligations become a demonstrable financial burden on Tenant, Tenant and Landlord agree to negotiate an alternative rent structure or lease termination. Landlord shall also have the right to terminate this Lease upon thirty (30) days prior written notice to Tenant in the event that the Commission (i) prohibits commercial activity on the Property or (ii) takes any other action that would materially conflict with Tenant’s use of the Premises. [Signatures on Following Page]

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IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date, City of Pacifica, a municipal corporation , Chit Chat Café, LLC, a California limited liability company
Name:________________________
City Manager By:___________________________
Genevieve Davis
Title:_________________________
By:___________________________
Branden Jenkins
Title:_________________________
Attest:

By:

City Clerk
Approved as to form:

By:

City Attorney

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EXHIBIT A

PROPERTY/PREMISES DESCRIPTION AND DEPICTION
2100 Beach Blvd, Pacifica California, 94044. Pier Location Approximately 623 square feet of gross floor space located within the northerly portion of the Building. The Premises does not include the southern restrooms.

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EXHIBIT B
(Intentionally Omitted)

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EXHIBIT C

RULES AND REGULATIONS
Tenant shall comply with the following Rules and Regulations. Landlord shall not be responsible to Tenant for the nonperformance of any of these Rules and Regulations.

1. Locks; Keys. Tenant shall not alter any lock or install any new or additional locks or bolts on any doors or windows of the Premises without obtaining Landlord's prior written consent. Tenant shall bear the cost of any lock changes or repairs required by Tenant. Two keys shall be furnished by Landlord for the Premises, and any additional keys required by Tenant must be obtained from Landlord at a reasonable cost to be established by Landlord.

2. Admission to Building. Landlord and its agents shall not be liable for damages for any error concerning the admission to, or exclusion from, the Building of any person. Landlord reserves the right, in the event of invasion, mob, terrorist event, riot, public excitement, or other commotion, to prevent access to the Building or Property during the continuance of that event by any means it considers appropriate for the safety and protection of life and property.

3. Requirements of Tenant. Any special requirements of Tenant not set forth as an obligation of Landlord under the Lease will be considered only upon written application to Landlord at Landlord's address set forth in the Lease. Landlord's employees shall not perform any work or do anything outside their regular duties unless under special instructions from Landlord.

4. Use of Plumbing Facilities: Responsibility for Damage. The plumbing facilities (including but not limited to any and all restrooms, toilets, urinals, wash bowls, drains, and other apparatus) shall be used for no purpose other than that for which they were constructed, and no foreign substance of any kind shall be thrown into them. The expense of any breakage, stoppage, or damage resulting from violation of this rule shall be borne by the tenant who caused, or whose employees or agents caused, the breakage, stoppage, or damage.

5. Inflammable or Combustible Fluids or Materials: Foul or Noxious Gases or Substances:

Nontoxic Materials. Tenant shall not use, or keep, or allow to be used or kept, in or on the Property or any portion thereof, any foul or noxious gas or substance, kerosene, gasoline, or other inflammable or combustible fluid or material, except those used in the normal course of a' café use, stored and disposed of in compliance with all applicable Hazardous Materials Laws. All . materials, fabrics, and products used in Tenant's furnishings, wall and floor coverings, and ceiling installations shall be nontoxic and subject to the prior approval of Landlord's architect or engineer. Nothing contained here is intended or shall be construed to alter or diminish any obligations of Tenant under any portion(s) of its Lease addressing environmental matters and compliance, indemnities, Hazardous Materials Laws, Hazardous Materials, or similar matters, or compliance with laws, ordinances, regulations, codes and other governmental requirements.

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6. Exclusion or Expulsion. Landlord reserves the right to exclude or expel from the Property or any portion thereof any person who, in Landlord's judgment, is under the influence of alcohol or drugs or commits any act in violation of any of these Rules and Regulations.

7. Smoking; Illegal Substances. Smoking of tobacco products and use of illegal substances is strictly prohibited in or within 20 feet of the doors of the Premises or any portion thereof as per state law.

8. Operation of Electricity, Water and Air-Conditioning. Tenant shall not waste electricity, water, or air-conditioning and shall cooperate fully with Landlord to ensure the most effective operation of the Building's heating and air-conditioning system, if any.

9. Compliance With Safety Regulations. Tenant shall comply with all safety, fire protection, and evacuation procedures and regulations established by Landlord or by any government agency. Nothing contained here is intended or shall be construed to alter or diminish any obligations of Tenant under any portion(s) of its Lease addressing compliance with laws, ordinances, regulations, codes and other governmental requirements.

10. Extermination. Tenant agrees not to permit the extermination of vermin to be performed in, on or about the Property or any portion thereof except by a person or company reasonably designated by Landlord and at times reasonably designated by Landlord.

11. Obstructions. Tenant and Tenant's employees shall not in any way unreasonably obstruct any sidewalks, entry passages, pedestrian passageways, driveways, entrances and exits to the Building or Property, and they shall use the same only as passageways to and from the Premises. At no time shall Tenant, its employees or agents be permitted to conduct work activity (except for normal loading and unloading of vehicles) nor store wooden pallets, boxes, goods or other materials outside the confines of Tenant's Premises.

12. Compliance With Insurance Requirements, Warranties. Tenant shall not do anything in the Premises, or bring or keep anything therein, which will in any way increase or tend to increase the risk of fire or the rate of fire insurance or similar coverage carried or available to Landlord as set forth in Section 6.1 of the Lease, or which shall conflict with the regulations of the fire department or the law or with any insurance policy on the Premises or any part thereof, or with any rules or regulation established by any administrative body or official having jurisdiction. Tenant shall promptly comply with the reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Tenant shall not take any action which would abrogate any warranties.

13. Title Encumbrances. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Property or any portion thereof.

14. Disposal of Trash and Garbage. Tenant shall store all trash and garbage within the interior of the Premises, except with Landlord's consent. Tenant shall not place or have placed in the trash boxes or receptacles any material that may not or cannot be disposed of in the ordinary and customary manner of removing and disposing of trash in the vicinity of the Building. In disposing of trash and garbage, Tenant shall comply fully with any law or

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ordinance governing that disposal. All trash, garbage, and refuse disposal shall be made only through routes and at times designated by Landlord.

15. Provision of Information to Tenant's Employees. Tenant shall comply with requests by Landlord that Tenant inform Tenant's employees and agents of items of importance to Landlord.

16. Prohibited Uses and Activities.

16.1 Any use, operation or activity which causes or produces any discharges of noxious, toxic, hazardous or corrosive fumes or gases into the air;

16.2 Any use, operation or activity which causes or produces any noise or sound that, because of excessive or unusual volume, duration, intermittence, beats, frequency, or pitch is objectionable to Occupants, customers or visitors to the Property or any portion thereof;

16.3 Any use, operation or activity which causes or produces any excessive smoke emission;

16.4 Any use, operation or activity which causes or produces the attraction of flies, insects, rodents or other animals, or the creation or emission of dust or dirt, except for normal and reasonable café use;

16.5 Any use, operation or activity which causes or produces any emission of any air pollutants in violation of any state or federal standards, or the discharge of toxic substances or hazardous waste material into any sewer system or storm drain serving the Property in a manner that will result in any leaching into the soil, or release into the atmosphere or water table;

16.6 Hazardous or unsafe uses by reasons of danger of fire or explosion, or uses that will increase the fire hazard rating on the Property or other properties, or uses objectionable or offensive to the Property or adjoining properties;

16.7 Uses in violation of any applicable laws, orders, rules or regulations of any governmental authority, including applicable zoning and land-use laws and ordinances of the City;

16.8 Any construction, erection, or placement of ornamentation or other objects or equipment, permanently or temporarily, on the outside portions of the Property, whether such portion is improved or unimproved, except as specifically permitted by Landlord; and

16.9 Additional prohibited uses as determined by Landlord from time to time.

17. Conflict. In the event of any conflict between these Rules and Regulations or any further or modified Rules and Regulations from time to time issued by Landlord and the Lease provisions, the Lease shall govern and control.

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
2/12/2024
1 SUBJECT:

Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding with the County of San Mateo Supporting Pacifica Resource Center’s Edible Food Recovery Program RECOMMENDED ACTION:

Adopt a Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding with the County of San Mateo Supporting Pacifica Resource Center’s Edible Food Recovery Program.

STAFF CONTACT:

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

In December of 2021, the City Council adopted an ordinance titled “Mandatory Organic Waste Disposal” to comply with state-mandated regulations surrounding SB 1383. SB 1383 refers to state regulations specific to solid waste reduction in California with the goal of reducing methane emissions. The focus of the law is to establish requirements for recycling organic waste and recovering edible food from residential and commercial waste generators to help fight climate change and improve public health and the environment.

Recology assists the city on implementation of components of the SB 1383 law such as pickup/processing of organic waste, monitoring of organic waste disposal and reporting. Also, San Mateo County (County) has assisted San Mateo cities in some of the more difficult requirements of the law such as the Edible Food Recovery Program (i.e. recovering food from facilities such as grocery stores for redistribution). Related to Pacifica, the County has contracted with Pacifica Resource Center (PRC) to expand PRC’s Edible Food Recovery Program and distribution capacity within the City to comply with SB 1383. Through this contact, the County provides PRC with funding to purchase refrigerated vehicles, hire drivers and admin staff, pick up surplus edible food from grocery stores and wholesalers and distribute collected food to community members in need.

In addition, the County is assisting San Mateo County cities with the SB 1383 requirement related to developing a procurement program for recycled organic waste products. Due to the inability for most cities to find a place to store the quantity of recycled products required by SB 1383 and the prohibitive cost, the County has developed an organic procurement program that supports farms and ranches and an educational outreach program that San Mateo cities can join to assist with meeting their SB 1383 procurement requirement. Recently, Pacifica received credit for our SB 1383 procurement requirement by contributing to this program through a $54,428 grant Pacifica received from CalRecycle in April of 2022. The City provided approximately 50% ($26,918.78) of the grant to the County for their SB 1383 programs and kept the remaining amount of $27,509.22 for procurement of mulch and compost for the City. The City is given credit from CalRecycle in working towards implementation of the SB 1383 10 Packet Pg. 216
Pacifica City Council 2
February 12, 2024
requirements whether the City makes these efforts on its own or through the County. The grant can be used to pay for eligible SB 1383 implementation expenses, including edible food recovery program development.

Staff has made approximately $8,000 in purchases related to mulch and compost from the $27,509.22 grant portion kept by the City. However, the City does not have the space to purchase and store the large quantity of mulch/compost that would be needed to use the remainder of the grant by the grant deadline of May 2, 2024. Staff is recommending that the surplus of $19,052.55 of the City’s portion of the SB 1383 Local Assistance Grant Program from 2022 be transferred to the County for their use to support PCE’s Edible Food Recovery Program as described above. The budget modifications must be submitted by the County to CalRecycle no later than March 1, 2024.

To secure use of these funds towards Pacifica’s obligation under SB 1383, the City Manager recommends adopting a Resolution authorizing the City Manager to enter into a Memorandum of Understanding with the County of San Mateo supporting PCE’s Edible Food Recovery Program through transfer of these funds.

ALTERNATIVE ACTION:

The Council may choose not to adopt the Resolution. This could result in the City not meeting the mandated requirements of SB 1383 and losing this grant funding. Staff does not recommend this alternative action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• Pursue climate change adaptation and mitigation: The CalRecycle grant funds will be used to support reduction of methane gas emissions through support of the PCE’s Edible Food Recovery Program.

FISCAL IMPACT:

The fiscal impact of this action is the City will provide the County of San Mateo with $19,052.55 in surplus grant funding from CalRecycle’s 2022 SB 1383 Local Grant Assistance program to be used to support PCE’s Edible Food Recovery Program.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (PDF) Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (PDF) 10 Packet Pg. 217
Pacifica City Council 3
February 12, 2024
RESOLUTION NO. ___

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

THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN MATEO SUPPORTING PACIFICA RESOURCE CENTER’S

EDIBLE FOOD RECOVERY PROGRAM
WHEREAS, Public Resources Code sections 48000 et seq. authorized the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in December of 2021, the City Council adopted an Ordinance titled “Mandatory Organic Waste Disposal” to comply with state-mandated regulations surrounding SB 1383; and
WHEREAS, in April of 2022, the City received a grant of $54,428 from CalRecycle for implementation of SB 1383 with the City contributing $26,918.78 from the grant to the County of San Mateo to help with the City’s SB 1383 implementation requirements and keeping $27,509.22 for procurement of mulch and compost; and
WHEREAS, the City does not have the space to store the large quantity of mulch/compost that would be needed to use the remainder of the grant by the grant deadline of May 2, 2024 and desires to transfer the surplus of $19,052.55 of to the County of San Mateo for their use to support PCE’s Edible Food Recovery Program; and WHEREAS, the City Manager must enter into a Memorandum of Understanding with the County of San Mateo for this fund transfer to occur.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pacifica authorizes the City Manager to enter into a Memorandum of Understanding with the County of San Mateo supporting Pacifica Resource Center’s Edible Food Recovery Program through the transfer of $19,052.55 in CalRecycle 2022 grant funds to the County. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of February, 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:

Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 10 Packet Pg. 218
Agreement No. Resolution No. 077217

AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND

PACIFICA RESOURCE CENTER
This Agreement is entered into this 28th day of January 2020, by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called "County," and Pacifica Resource Center, hereinafter called "Contractor."
* * *
Whereas, pursuant to Section 31000 of the California Government Code, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof; and
Whereas, it is necessary and desirable that Contractor be retained for the purpose of increasing the capacity and infrastructure for grocery rescue and redistribution as part of the Edible Food Recovery Program as required under CA SB 1383.

Now, therefore, it is agreed by the parties to this Agreement as follows:

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A-Services
Exhibit 8-Payments and.Rates

2. Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for County in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.

3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit 8. County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. In no event shall County's total fiscal obligation under this Agreement exceed two hundred nineteen thousand one hundred sixty-three dollars �219, 163.00).
0 In the event that the County makes any advance
payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from January 28, 2020, through June 30, 2022.

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