Agenda — Pacifica City Council, March 25, 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 March 25, 2024

SPECIAL AND REGULAR MEETING
March 25, 2024 (MONDAY)
www.cityofpacifica.org
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Please note that Alternative platforms for participation are subject to underlying technology functionality and may be modified or interrupted at any time without notice. • Written Public Comments:

BEFORE THE MEETING: Written public comments may be submitted in advance by 12:00 p.m. on the meeting date by email to: [email protected]. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public Comment on Item Not on Agenda” in the Subject Line
• 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 March 25, 2024
6:00 PM - JOINT STUDY SESSION CITY COUNCIL & ECONOMIC DEVELOPMENT

COMMITTEE
Joint Study Session of City Council and the Economic Development Committee (EDC) regarding survey input and potential EDC charter revisions.

PROPOSED ACTION: Provide direction to the City Manager for the Economic Development Committee charter revisions.

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

Salute to the Flag led by Councilmember Bier

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 Minutes
PROPOSED ACTION: Move to approve the minutes for the March 11, 2024 City Council Regular Meeting.

City Council Regular Meeting 3 March 25, 2024

2. Update to authorizing resolution for Open Space & Parkland Advisory Committee (OSPAC).

PROPOSED ACTION: Adopt the attached resolution to update the authorizing resolution for the Open Space & Parkland Advisory Committee (OSPAC) and to rescind the prior authorizing resolution (City Council Resolution No. 44-2015).

3. Notice of Completion for the Construction of the Anza/Arguello Interim Storm Drain Project in Lower Linda Mar
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 completion of the Anza/Arguello Interim Storm Drain Project.

4. Move to adopt a Resolution to approve Amendments to City Agreements and associated Task Orders adding funding
PROPOSED ACTION: Move to adopt a Resolution to approve the following Amendments to the City Agreements and associated Task Orders adding funding:
1) First Amendment to Task Order 1 of the Consultant Services Agreement (upon approval of FY 2023/24 mid-year budget adjustment) between the City of Pacifica and Nichols Consulting Engineers (NCE) to the contract for design services for the Sharp Park Priority Development Area Pedestrian Improvement Project in the amount of $52,600 increasing the overall cost to an amount not to exceed $208,400.
2) Second Amendment to the Construction Services Agreement (upon approval of FY 2023/24 mid-year budget) between the City of Pacifica and Chesterworks to the contract for construction management services for the Civic Center Project in the amount of $40,000 increasing the overall cost to an amount not to exceed $175,960.
3) Second Amendment to Task Order 2 of the Consultant Services Agreement between the City of Pacifica and NCE for On-Call Arborist Services in the amount of $8,830.49 increasing the overall cost to an amount not to exceed $103,830.49. 4) Second Amendment to Task Order 1 of the Consultant Services Agreement (upon approval of FY 2023/24 mid-year budget adjustment) between the City of Pacifica and NCE for design services for the Priority Parks Project in the amount of $20,400 increasing the overall cost to an amount not to exceed $318,355.

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.

City Council Regular Meeting 4 March 25, 2024
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.

PUBLIC HEARINGS - NONE.

CONSIDERATION

5. Midyear budget review and adoption of a resolution to adjust the fiscal year 2023-24 Budget.

PROPOSED ACTION: Adopt a resolution authorizing the midyear FY 2023-24 Operating and Capital Budget adjustments.

6. Appointments to the Beautification Advisory Committee; Open Space and Parkland Advisory Committee; Parks, Beaches and Recreation Commission; and Planning Commission
PROPOSED ACTION:
1) Move to appoint one (1) applicant to the Beautification Advisory Committee for one full term to expire March 2028;
2) Move to appoint two (2) applicants to the Open Space and Parkland Advisory Committee for one partial term to expire May 2025 and one partial term to expire May 2026;
3) Move to appoint one (1) applicant to the Parks, Beaches and Recreation Commission for one partial term to expire May 2025;
4) Move to appoint two (2) applicants to the Planning Commission each for full terms to expire March 2028.

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.

City Council Regular Meeting 5 March 25, 2024
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
3/25/2024
1 SUBJECT:

Joint Study Session of City Council and the Economic Development Committee (EDC) regarding survey input and potential EDC charter revisions.

RECOMMENDED ACTION:

Provide direction to the City Manager for the Economic Development Committee charter revisions.

STAFF CONTACT:

Tara Schiff, Economic Development Manager
(650) 501-6007
[email protected]
BACKGROUND/DISCUSSION:

I. EDC’s Requested Modifications to Its Charter
The EDC voted 6-0 (with three absences) at its regular meeting on March 12, 2024, to transmit the draft charter amendments in Attachment A to City Council. Key provisions in the draft charter amendments not in the EDC’s current charter are summarized as follows:

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Pacifica City Council 2
March 25, 2024
• A statement that “The committee may be presented with additional opportunities as requested by the City Council to provide input on the economic impact of activities within the City.”
• Add that the requirements for “The EDC members will be:
o Residents of the City of Pacifica;
o Possess knowledge of business and/or local economic development; o Have a passion for the local community.”
• Amend the committee membership by stating that “The EDC will be comprised of the City Manager or designee (Ex Officio, non-voting), at least one City Council member as liaison, and nine community members appointed by the City Council plus one non-voting, Ex-Officio member as designated by the Board of the Pacifica Chamber of Commerce.” The former resolution stated that the EDC would be comprised of eight (8) community members plus one additional voting member designated by the Board of the Pacifica Chamber of Commerce. The Charter Amendment changes the appointed members to nine (9), plus a non-voting, Ex-Officio member as designated by the Board of the Pacifica Chamber of Commerce.

City Council Creation of the EDC
In 2013, the City Council created the Economic Development Committee to be a supportive arm of and bring a community perspective to the City’s Economic Development Division.

The Economic Development Committee exists to support the development of current local businesses and their interface with the City of Pacifica, improve aging business districts, and bring new businesses to Pacifica.

The objectives of the committee are to:

1. Work with the Economic Development Program, the community and visitors in the identification of new businesses that fill a neighborhood business market gap;

2. Provide a forum for exchanging ideas, education, information, and addressing the business and economic needs of the business community and its residents and visitors; and

3. Reach out to the business community, residents, and visitors to promote business development and support the implementation of the City’s Economic Development Plan.

II. Survey of EDC Members
The City Council has directed that the charter update process include a survey of the commission/committee members. The process outlined by the ad hoc subcommittee includes a survey of the commission/committee collectively, discussed at a regular meeting thereof, and an individual member survey completed privately using an online survey tool. The surveys are intended to gauge the opinions of commission/committee members about their service to the City and opportunities to improve the functioning of their commissions/committees. A summary of each survey is provided below:

Collective Survey
The EDC discussed the collective survey questions at its regular meeting on February 13, 2024.

The collective survey included seventeen (17) questions addressing various aspects of the EDC, including the role of the EDC, how the workplan is serving the committee and input the EDC should provide to staff and City Council. Eight of the EDC’s nine members were present for the discussion.

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Pacifica City Council 3
March 25, 2024
Some common themes in the EDC’s discussion included members’ beliefs that the EDC provides an important role in economic development by providing resources for business growth including networking events and other projects that attract visitors, and support and increase business in the City. Opinions varied on whether the current EDC workplan adequately serves the Council's Strategic Plan with some members believing there was room for improvement and others feeling the workplan could be better aligned with economic development. There were many suggestions on how to improve the workplan, including focusing more on business attraction and retention, infrastructure improvement, and new business development. The survey results also indicated a need for an increased budget that would support implementing the projects in the workplan.

When asked about the size and makeup of the EDC, the responses suggest that the current size of nine members for the EDC is appropriate, though challenges with absenteeism and meeting quorum are noted. Recommendations included moving specific positions like the Chamber of Commerce to a non-voting, ex-Officio position. One of the survey questions also asked about requirements for committee members. Some emphasized residency requirements, while others highlight the importance of availability, understanding the needs of local business owners, and familiarity with local politics.

When asked about supporting the City Council’s strategic plan, suggestions include linking the physical beauty of Pacifica to local businesses and enhancing fiscal stability through increasing spending in the local economy, while aligning committee activities with the workplan and focusing more on implementing projects highlighted in the Economic Opportunities Study.

There were also suggestions about the EDC meetings, which included improving the efficiency of EDC meetings by cutting down the time to maintain efficiency. Others include prepopulating the agenda with inputs to streamline discussions, and setting tangible goals and metrics for progress measurement. Many of the respondents felt that onboarding was limited or insufficient, describing it as "trial by fire" or receiving zero training. Others express mixed feelings, but still feel unsure about certain aspects like the Brown Act. Suggestions for improvement include providing more robust onboarding with an overview of the strategic plan and pertinent city issues. When asked about the role of the City Council’s EDC Liaison, suggestions included focusing on 3-4 actionable items per year, while others propose providing updates on council activities and facilitating connections with relevant individuals.

Overall, the role is seen as proactive, collaborative, and centered on fostering economic growth and prosperity in Pacifica. Some express satisfaction and pride in contributing to Pacifica's community and economy. The responses indicate a willingness among EDC members to make a greater contribution to the local economy.

III. Staff Analysis
The EDC’s suggested amendments in Attachment A involves three key revisions:

1. The committee may be presented with additional opportunities as requested by the City Council to provide input on the economic impact of activities within the City;

2. Members shall be selected based on the following:
a. Residents of the City of Pacifica
b. Possess knowledge of business and/or local economic development c. Have a passion for the local community

3. The EDC will be comprised of the Economic Development Manager (Ex Officio, non-- voting), at least one City Council member as liaison, and nine community members appointed by the City Council plus one non-voting, Ex-Officio member as designated by Packet Pg. 8
Pacifica City Council 4
March 25, 2024
the Board of the Pacifica Chamber of Commerce.;
IV. Recommendation and Next Steps
The City Manager recommends supporting the EDC’s recommended charter amendments.

Following discussion in the joint study session and Council direction, the City Manager will return to City Council at a future meeting with an amended EDC resolution reflecting the amendments or alternative direction from the City Council.

ALTERNATIVE ACTION:

An alternative action would be to not approve the EDC’s Charter Amendment request, which would retain the 2019 Charter as the current governing document.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

City Council’s Priority Work Plan for Fiscal Year (FY) 2022-23 included Item No. 13 – Review City Commission and Committee Charters.

FISCAL IMPACT:

No direct fiscal impact from this study session item.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Exhibit A: Amending EDC Charter Resolution (PDF)
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EXHIBIT A
Economic Development Committee
Duties
The objectives of the Economic Development Committee (EDC) are to:

1. Work with the Economic Development Program, the community and visitors in the identification of new businesses that fill a neighborhood business market gap;

2. Provide a forum for exchanging ideas, education, information, and addressing the business and economic needs of the business community and its residents and visitors;

3. Reach out to the business community, residents, and visitors to promote business development and support the implementation of the City’s Economic Development Plan; and

4. The committee may be presented with additional opportunities as requested by the City Council to provide input on the economic impact of activities within the City.

Membership
The EDC will be comprised of the Economic Development Manager (Ex Officio, non-voting), at least one City Council member as liaison, and nine community members appointed by the City Council plus one non-voting, Ex-Officio member as designated by the Board of the Pacifica Chamber of Commerce.

Members shall be selected based on the following:
 Residents of the City of Pacifica
 Possess knowledge of business and/or local economic development  Have a passion for the local community
Terms and General Provisions
Members of the EDC shall be appointed by the City Council to represent a broad cross-section of the community. No compensation is awarded to members for their services.

The Committee shall select one of its members to act as Chair and another to act as Vice Chair on an annual cycle each July. City staff or a designated Committee member shall serve as secretary to the Committee. One Councilmember shall be appointed by the City Council as Committee liaison and one Councilmember may be designed as the Alternate liaison.

The Committee shall hold open meetings subject to the Brown Act and shall abide by the rules set out in the Commission and Committee Handbook as amended from time to time.

The Council may remove at any time by majority vote any committee member. a
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Attachment: Exhibit A: Amending EDC Charter Resolution [Revision 1] (5601 : Joint Study Session with EDC to Discuss Work Plan and Survey

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/25/2024
1 SUBJECT:

Approval of Minutes
RECOMMENDED ACTION:

Move to approve the minutes for the March 11, 2024 City Council Regular Meeting.

STAFF CONTACT:

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

Move to approve the minutes for the March 11, 2024 City Council Regular Meeting (Attachment A).

FISCAL IMPACT:

Within budgeted operational expenses.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Minutes of 03-11-2024 City Council Meeting (PDF) 1 Packet Pg. 11

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 March 11, 2024
March 11, 2024 (MONDAY)
www.cityofpacifica.org
Mayor Sue Vaterlaus called the meeting to order on March 11, 2024 at 7:03 PM 7:00 PM OPEN SESSION
Call to Order
Mayor Vaterlaus called 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
City Clerk Coffey took a verbal roll call.

Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Lisa Petersen, PW Director; Yulia Carter, Asst. City Manager; Christian Murdock, Planning Director; Maria Sarasua, Police Chief; Scott Leslie, Acting PB&R Director; Gino Assereto, Field Services Manager; Michael Pham, Parks & Building Maintenance Supt.; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.

Reading of Land Acknowledgment
Mayor Vaterlaus read the Land Acknowledgment
Salute to the Flag led by Mayor pro Tem Beckmeyer

SPECIAL PRESENTATIONS
A. Pacifica Resource Center Annual Report
Pacifica Resource Center (PRC) Exec. Director Anita Rees and PRC Board President Marj Davis gave the annual report.

PRC President Davis provided an update on the PRC Strategic Plan, stressing their goals of being inclusive, respectful, compassion and kindness. They are coming up on their 50-year anniversary of providing economic security services and supporting families in Pacifica.

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Attachment: Attachment A: Minutes of 03-11-2024 City Council Meeting (5605 : Approval of Minutes) City Council Regular Meeting 2 March 11, 2024
Director Rees stated that this annual report was meant to show the breadth of their works. She gave statistics on what PRC provided for the community, such as groceries, tax services, backto-school programs, holiday joy programs, housing assistance, financial assistance, etc., to help the community stay housed, and the number of families and people serviced has increased from the past year.

Councilmember Boles asked about the demand for their services for the last five years.

Director Rees stated that demand centers mostly on groceries and food and emergency financial assistance to stay housed. She mentioned that almost everything in terms of their work is about helping people stay housed.

Councilmember Bier thought it was incredible that PRC housed 17 people out of the Unhoused on the Coast program as it can take months to years and more to get someone housed. She felt it was important that they emphasize hope and optimism. She also commended Director Rees and her staff. She understood the coordinated entry system was complicated and she thought it would be great to work with the County to track data. She stated that people coming through the system need transitional care.

Director Rees stated that, when they get somebody into housing, they do provide support for at least three months as they know that that period is more challenging. It is easier when they are local, but they still try to connect with them if they are not local.

Mayor pro Tem Beckmeyer asked them what kind of advocacy or assistance they need from Council, and how can they help bring resources or attention to programs. She also asked about their expanding programs along the coast.

Director Rees stated that their core services are only Pacifica and the only service that is beyond Pacifica along the coast is their Unhoused on the Coast outreach work; they connect with their sister agencies in other cities and acknowledged work happening elsewhere. They are not trying to duplicate services, just supplement.

Mayor pro Tem Beckmeyer asked if there was a need for practical support.

Director Rees stated that they do not have a lot of room to store things, but when they have a specific need, they try to do better at reaching out to community members. She stated that ongoing needs includes diapers of different sizes, baby wipes, socks, underwear, etc. and they are always key things that cycle on and off. They are trying to tap into those community groups better when they have a specific need.

Mayor pro Tem Beckmeyer stated she was thinking about the immediate call. Then, she asked about the pantry replenishment process.

Director Rees stated that they are running low with regard to groceries in general by Wednesdays. One thing they are trying to explore is doing a call-out for Thursday/Friday. Once they are able to move into another space, they will have much more room to store and will be able to replenish more often.

Mayor Vaterlaus thanks them for everything they do and thanked Pacificans for their support.

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Attachment: Attachment A: Minutes of 03-11-2024 City Council Meeting (5605 : Approval of Minutes) City Council Regular Meeting 3 March 11, 2024
Director Rees stated that they feel like they are not alone as community members are supporting them. When someone is unhoused, they often feel invisible and when they are housed and get the support from the community, they are seen which makes a huge difference.

Councilmember Bigstyck stated that he thought half of the Pacifica population could qualify for services. He asked if that is accurate.

Director Rees stated that is still accurate. Nearly half would be eligible for their services as they use 80% of median income.

Councilmember Bigstyck stated that he is grateful that PRC exists and he gets to spend time or contribute in any manner. He thought it was good to see the updated strategic plan. He appreciated all PRC has done to destigmatize the notion of getting help. He encouraged anyone who thinks they need assistance to connect with PRC.

Councilmember Boles thanked them for all they do, especially in such small space. She was excited that they will be able to expand the food program. She stated that it is an amazing opportunity for community members and kids to help our community, and she was pleased to talk with them about their dreams. She congratulated them on 50 years.

Director Rees stated that they will celebrate their 50th anniversary on September 21 at Palm-aPalooza! at Skyline. She thanked Council and the city for all the support they provided over the years as they could not be where they are without their support.

CONSENT CALENDAR
Mayor Vaterlaus asked if any councilmembers wish to pull any items from consent. She asked if there were any public comments and, seeing no one, closed public comments.

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

1. Approval of Disbursements for 02/01/24 through 02/29/24.

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) February 12, 2024 City Council Regular Meeting and (2) February 26, 2024 City Council Regular Meeting.

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.

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Attachment: Attachment A: Minutes of 03-11-2024 City Council Meeting (5605 : Approval of Minutes) City Council Regular Meeting 4 March 11, 2024
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 the December 2023 High Tide/Large Wave Events

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Tokuko Hirano, Pacifica, thanked the city for removing debris in a yard when she had informed them in a previous meeting. She then shared a story during a traffic stop wherein she and the police officer shared their appreciation of Pacifica’s Taco Bell cantina.

Lynn Adams, Pacifica, thanked the city for sponsoring Earth Day on April 20 and was excited to say they are honoring whales this year and having a whale fest in the Linda Mar lot. She shared specifics with government officials attending that day and cleanup prior to the event.

Flo Chang, Pacifica, stated she was speaking on behalf of Pacifica Peace People and urging support of the ceasefire in Palestine.

Cindy Abbott, Pacifica, stated that, on March 4, several Pacifica groups sponsored a slide presentation, “Pacifica Against the Sea?” by the Pacifica Climate Committee, Pacifica’s Environmental Family and Pacifica Historical Society, which focused on impacts of erosion and flooding in Pacifica and shared some of the details and thoughts on the opportunity to see it again through PCTV.

Rick Nahass, Pacifica, read a poem from a Palestinian poet and shared his personal concerns and thoughts on this subject, urging support of a resolution calling for ceasefire in Gaza.

Delia McGrath, Pacifica, stated she is a member of Pacifica Peace People and she shared their goal to cultivate a culture of peace in Pacifica, sharing her thoughts and details of personal losses from what is happening in Gaza, urging support of a resolution calling for ceasefire in Gaza.

COUNCIL COMMUNICATIONS
Mayor pro Tem Beckmeyer referred to all the meetings that Council, staff and members of the public attended. She estimated 12-15 hours for the LCLUP meeting in terms of preparations, actual meeting, and action items. She reminded the public that all the Councilmembers have jobs and, if the public does not get a response by email, she asked that they understand why that might be the case. She attended the Rosanna Xia and Gary Griggs event, which will be available on PCT. She attended a Rotary Club dinner meeting with the District Attorney Steve Wagstaffe, who spoke on the solving of cold cases. She then went to Palo Alto to meet with congressional candidate Joe Simitian. She stated the Beautification Advisory Committee met the next day and there will be a work day coming up soon. She met with constituents about the LCLUP, the tree ordinance, and the quarry.

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Attachment: Attachment A: Minutes of 03-11-2024 City Council Meeting (5605 : Approval of Minutes) City Council Regular Meeting 5 March 11, 2024
Councilmember Bier shared her thoughts in response to the call-in speakers and the Pacifica Peace People. She completed 20 scoring sheets for our Bicyclist and Pedestrian Advisory Commission (BPAC) Transportation Development Act (TDA) Article 3 funding, which provides funding annually for bicycle and pedestrian projects. She attended the Housing Endowment Regional Trust Heart (HEART) of San Mateo County meeting, where they accepted a grant from San Mateo County for $2 million to establish a mobile home loan program which will allow people living in mobile homes that have been severely damaged by storms to get a fixed rate loan for a brand new mobile home. They spent all day on March 2 on the LCLUP and March 9 on their strategic plan, as well as hours put in by staff. She attended the Coast Pride meeting, and unfortunately the building at Coast Pride was vandalized. She was happy being on the board to help repair the building and morale, as Coast Pride brings a lot of services to our young people and families in Pacifica including with the school district. She referred to the sing along and thanked Bill Michaelis in Pacificans Care and Cindy Abbott from Sanchez Art Center for hosting and supporting that event. She attended the San Mateo County Women’s Hall of Fame. She thanked Delia McGrath and the Pacifica Peace People for their contributions at the Pacifica Collaborative. She attended the PRC staff meeting to talk about the “Art for a More Peaceful and Just Community” project to see how they could participate. They will be bringing a Narcan training to the outreach workers at the Pacifica Resource Center.

Councilmember Boles stated the last two weeks involved getting ready for the long meetings, meeting with many constituents, and studying the issues. She met with the Pacifica Climate Committee who was helping to organize the Rosanna Xia event and is planning another building electrification event in May as a follow up to last year. She stated that the sing along was so much fun with so much energy in the room and she thought it was fun in the LCLUP meeting when they started singing. She stated there is so much that unites us in this town. She attended the Rosanna Xia event and encouraged people to watch it. She had a meeting with Supervisor Dave Pine and Len Materman from OneShoreline and is trying to learn about the Sharp Park Golf Course. She had a San Mateo County Leadership training with the focus on healthy communities and received a presentation by Get Healthy San Mateo County. Lastly, she congratulated the 19 new CERT numbers as that was the first training offered since COVID19.

Councilmember Bigstyck shared his thoughts in response to the call-in speakers and the Pacifica Peace People as well. He stated the past week has involved many preparations, meetings with constituents and staff, and reading about insurance for the LCLUP. He understands that Mayor Vaterlaus taped an episode of The Mayor’s Office and he thought she will tell them more about that. He listened in on Council on Foreign Relations regarding responses to immigration influx in the United States. He attended the Hong Kong Economic and Trade Office spring reception held at the Academy of Sciences. He took constituent meetings regarding goal setting and a ceasefire. He talked with Seth Miller, staffer for CalCities, about the logistics for the upcoming leader summit in April. He watched the Planning Commission meeting and attended the Rotary Club meeting. There was a Freemason event, and he thought it was nice to see interaction between our police department and a community organization. He referred to goal setting on March 9. He stated there was a LAFCO budget committee meeting before this Council meeting as well as an RNA Foundation celebration. He noticed additionally that our “Pacifica Stands United Against Hate” and “Pacifica Stands United In Love” posters were framed on the dias.

Mayor Vaterlaus stated that she met Rosanna Xia and Gary Griggs by Zoom before their event and discussed Pacifica’s sea level rise and coastal erosion problem. She taped an episode of The Mayor’s Office featuring City Manager Woodhouse and it will be available on March 22.

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She loved the sing along, and she read to children at Vallemar. She was at the all-day LCLUP and strategic planning meetings. She attended the Pacifica Against the Sea event. She is on the Shared Prosperity Council (formerly COVID Recovery Council) and met with business owners. She also responded to previous comments regarding councilmember follow-up and asked the public to understand councilmembers’ schedules with jobs.

Councilmember Bier added that there is a Youth Summit this weekend at IBL.

STAFF COMMUNICATIONS
City Manager Woodhouse referred to the Youth Summit and noted that Police Chief Sarasua will be speaking at the summit. He stated that they found out that our application last year for federal funding for Community Project Funding through Congresswoman Eshoo’s office was signed by the president as part of the Consolidated Appropriations Act and we will be receiving $963,000 towards pier repair. He stated that application was made last year before they completed the overall assessment and they know now the funding challenges are estimated to be $19 million. He stated that every cent helps and they are and thankful for to Congresswoman Eshoo’s commitment to seeing that through. He then referred to Councilmembers who mentioned that last two Saturdays with the LCLUP and annual Strategic Planning meetings. He stated that both of those meetings were facilitated by different moderators, i.e., at the LCLUP meeting, Ryder Todd Smith from Tripepi Smith, who was blown away at the level of public engagement at the meeting the city is doing on this as well the extent of Council engagement and staff work. He stated that continued over to our facilitator for the strategic planning session, Greg Larson, who worked with Council last year and emphasized the level of work that the Council is engaged in with strategic planning and staff is engaged in with the “AchieveIt” software platform tool to report out on progress on the strategic plan. He thought it was great to hear from experts outside our normal circles about the success of this type of engagement that the city is doing and Council is directing be done.

PUBLIC HEARINGS - NONE.

CONSIDERATION

6. Add Minerva Avenue Tree Removal and Maintenance Project to CIP and Award Project PROPOSED ACTION: Adopt a Resolution to:
1) Add the Minerva Avenue Tree Removal and Maintenance Project (Project) to the City’s Capital Improvement Program (CIP);
2) Find the Project categorically exempt pursuant to Sections 15304 of the State CEQA Guidelines (Class 4) applicable to Minor Alterations to the Condition of Land; 3) Approve Construction Services Agreement between the City of Pacifica and Bay Area Tree Specialists in the amount of $144,900 and authorize a budget authority for construction in the amount of $159,390, which includes a 10% contingency of $14,490; 4) Authorize the City Manager to execute future Change Orders not to exceed the contingency amount;
5) Approve a budget transfer into the Project for $159,390 from Fund 38 (Disaster Accounting Fund) to fund the project.

PW Director Petersen began the staff report by introducing her team, Field Services Manager Gino Assereto, Supt. for Parks Michael Pham, and Tree Management Experts Consultants Roy Leggitt and Aaron Wang. She then completed the presentation.

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Councilmember Bigstyck stated that he asked in advance how much it would cost to remove all the trees and the response was about $160,000 to remove 8 and an extra $65,000 to remove all

16. He added that these reports indicate that the trees do not look to be in good condition and seem to be in sensitive areas where they can do substantial damage. He asked about their conclusions for the trees that should be removed and those that could be postponed.

PW Director Petersen stated that the report recommends to remove all of the trees in the alternative recommendation. They felt that, from their perspective, they had to remove those trees that were imminent and the two trees that were root bound with those other trees. She agreed it would be more cost-effective to remove all the trees at one time, but they came down the middle on the recommendation. The arborist report also said there was a possibility that there could be some mitigation through substantial pruning.

Councilmember Bier thanked her for the attention they paid in her neighborhood and meeting with the neighbors on Minerva. She stated that she was concerned about the replanting plan, which was important to her.

PE Director Petersen thought their ultimate goal was to try to plant as many trees as possible on the street. She stated that there are some requirements related to how far apart you need to plant trees. They use the arborist team to point them in the right direction of what is appropriate for replanting. Their goal is always to try to put them on the street.

Councilmember Boles asked, in conversations with the neighbors, if there was a preference to take out all the trees or try to keep some of them.

PW Director Petersen she believes somebody may have expressed interest in having all the trees out and some of them are present at this meeting and they can let them know.

Councilmember Boles stated that the staff report stated the cost of the contract included replanting eight trees and there would be a subsequent change order for eight more. She asked if there was a rough idea of how much that would be.

PW Director Petersen thought for eight trees they were looking at $6,000.

Mayor pro Tem Beckmeyer asked her to explain the general concept of cabling and how that process relates to the eight trees that would be sustained under the current proposal.

PW Director Petersen stated that there was one tree recommended for cabling out of the remaining eight trees and the recommendation for cabling came from the arborist team with the tree removal company and referred to their consultant.

Consultant Roy Leggitt stated that both he and Aaron Wang are tree risk assessment qualified and certified arborists. They recommend mitigation options on each one of those tree risk assessments forms whenever possible. He explained cabling as a mitigation option which uses trees with solid integrity to provide support.

PW Director Petersen noted the cabling work would cost $900 and they can discuss that more with their arborist.

Mayor pro Tem Beckmeyer asked, for clarification for the public, what is the purpose of cabling.

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Consultant Leggitt stated that the purpose of cabling is to hold different parts of a tree together so they move together in the wind and are reinforced during storm conditions.

Mayor Vaterlaus opened public comments.

Steve Manis, Pacifica, stated he was at Dir. Petersen’s meeting last week and he spoke in 2020 when they turned in that petition signed by residents, and he shared his concerns and problems caused because of these trees and suggested options.

Dave Premenko, Pacifica, shared his thoughts on this being a great plan and he thought all of the trees being removed was probably the best issue for safety in the future.

Don Hurter, Pacifica, stated he loved the canopy of the trees, and he shared his concerns on this issue, and his personal preference for more trees and asked what the process was for replacement trees and options for homeowners’ input.

Mayor Vaterlaus closed public comments.

Councilmember Bigstyck referred to the possibility of homeowners wanting to augment with additional trees and could that work.

PW Director Petersen stated that they are talking about putting in a lot of trees and they need to be spaced appropriately, and there could be an issue of getting any additional trees. She thought, the way it works out, even if they take out all the trees, they could be using up all the space as they are planting 2-1 (32 trees). She is thinking there may not be space related to that, but they can entertain it if there happens to be.

Councilmember Bigstyck stated that there are questions around carbon sequestration and, as they choose the trees, asked if carbon sequestration is taken into account. He mentioned the speaker who would like additional trees on top of the 32 being replanted, and he asked if there would be a process for reaching out to the community to coordinate with them and help them understand where the additional trees will be planted, if not in the neighborhood.

PW Director Petersen stated that they generally get recommendations from the city’s arborist team, including trees that are likely to be the most successful, most appropriate street trees that will help from a maintenance perspective. She reiterated that they look to the arborist team to provide 3 or 4 tree species for diversity along the street.

Consultant Roy Leggitt stated, as far as the additional considerations they are putting into municipal tree plantings presently, one is water-conscious landscape and trees that are droughttolerant so they are climate ready. They have a statewide resource, i-Trees, that can get a metric on things like carbon sequestration and mitigation of heat. He thinks, going forward, they will need different kinds of trees for a number of reasons, and they will probably want to have a canopy which is a little lower and closer to the streets and houses. He stated that changing their species composition and diversifying it is a good idea and making it climate ready in a lot of new ways will be very important.

Councilmember Bigstyck emphasized that carbon is a big consideration for him and would love it if that is one of the criteria considered when choosing the new trees.

Councilmember Bier referred to the history of Pacifica and the trees at Vallemar. She stated

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that having a plan in place is important and she appreciated that the city is caring about our community by having that kind of a plan. She is in favor of removing the 16 trees and understanding the replanting and being a part of it. She stated that Tree City Pacifica has been talking about an Adopt-a-Tree program for a long time, and it is good to start with residents who care about the trees. She suggested they reach out to Tree City Pacifica to have those conversations.

Councilmember Boles stated that she reached out to Tree City Pacifica, who is aware that the trees slated for removal on Minerva have been determined to be high risk trees on the ISA basic tree assessment forms and they are not questioning the removal of those trees. She thanked Mr. Hurter for his comments regarding the community building they did around planting trees and giving residents a choice in San Francisco. She would love the idea of giving the residents a choice. She asked, if people wanted to plant some in their front yards as opposed to just on the street, whether that was an option they could consider. At that point, those people would be responsible for the maintenance of the tree and it could be a win-win for the city not having to maintain so many in perpetuity.

PW Director Petersen agreed that people should plant trees in their yard and encouraged them to do so.

Councilmember Boles stated that she was asking specifically if some of these replacement trees could be located in their yards instead of in the public right-of-way.

PW Director Petersen stated that these would need to be in the public right-of-way. Ultimately she has not seen it be done as that would be the city gifting public funds to private property owners. She thought there would be some concerns about that. She stated that typically, if it is in the right-of-way and it’s a city tree, it should stay in the city property area.

Councilmember Boles thought this would come up more where there is not enough room in the particular neighborhood and she is thinking about what is happening in Sharp Park. She thought it would be great for them to get a sense or a plan of where else trees might go and have a voice in prioritizing some of that.

PW Director Petersen stated that they have already been developing that in Public Works and will be happy to share that and where they have been planting some trees.

Councilmember Boles asked if there were any native trees.

Consultant Roy Leggitt stated that there are a few native to Pacifica, including coast live oak, golden chinkapin, manzanitas, alders, and willows.

Councilmember Boles thought it would be great to think about those wherever they can so we are supporting the native habitat of other insects, birds, etc.

Mayor pro Tem Beckmeyer would like to know what they anticipate the useful remaining life of the eight trees that were recommended to stay and have substantial framing, and if there is a way to give them some guideline or understanding of the cost of maintaining those trees over that useful life.

PW Director Petersen stated that the trees in the report were all recommended for removal and they all have high risk but there were some that were imminent. From the arborist perspective,

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she thought they should take out all the trees. The question is more do we take out all the trees now or do we take them out over a period of years. She thought it gets back to Councilmember Bigstyck’s comment regarding the cost, as it is obviously more cost-effective to do them all at one time.

Consultant Leggitt thought it was a bit of an unknown as to how long these trees will be able to remain without having a catastrophic failure. He stated that the cost for emergency work is a lot higher, and doing it piecemeal, one by one, during storms can become more expensive. He did not think the trees are dying anytime soon but they are falling apart soon. It is the risk they are incurring and the potential for significant property damage or harm to people that concerns them the most.

Mayor Vaterlaus asked what the size is of the new trees that are being planted.

Councilmember Boles stated 15 gallons.

Mayor Vaterlaus asked if they have the available amount in their disaster accounting fund for the removal of all 16 trees.

City Manager Woodhouse responded affirmatively, stating that the current balance of the Fund 38 disaster accounting fund is in the $8 million range. He added that there is a lot of burden on that fund for potential big emergencies, but the additional $65,000 that would be required for all 16 trees is affordable out of that fund.

Mayor Vaterlaus thought it would change the character of that street tremendously to have all 16 trees down but they were dangerous. She thinks that the 16 trees coming down at one time was the best option.

Councilmember Boles asked if the city was liable for city trees falling on people’s houses.

City Attorney Kenyon stated that the city would be liable and that is one of risk analyses that Council should take into account. In the event there is a branch that falls or especially a tree that falls, that does create liability for the city.

Councilmember Boles asked the arborist if the trees are all Monterey Cypresses, and do they ever recommend the Monterey Cypress as a street tree.

Consultant Leggitt thought it has limited use as a street tree with the current urban density on most properties. Where there are larger multiple acre parcels, they work well, and they are suited to the extreme coastal environment.

Councilmember Boles concluded not next to a sidewalk.

Consultant Leggitt stated that, if a tree were to fall on Minerva, it would have nowhere to go except onto something and it would do a lot of harm.

Councilmember Bier asked if the cypress need branches that are lower to keep it holding up.

Consultant Leggitt thinks what has happened with the street trees is that branches have broken and the stub that was broken was taken off to look cleaner and tidier but they lose all those low branches and look more like a stock of broccoli.

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Mayor pro Tem Beckmeyer asked what impact removing the trees has on the neighborhood immediately and how long does that take and what is the process to access homes.

PW Director Petersen stated that there is a lot of coordination that needs to happen with PG&E and another reason that it can be beneficial from that perspective to remove all the trees at the same time as that coordination happens at the same time instead of constantly over a period of time. It does require the electricity to be turned off. Sometimes they can turn that off at the property line and then turn it back on after the day’s work is done, but it depends on that particular situation. She stated that it is a lot of coordination with the PG&E to figure out when we can do this. She would think it will be a few months in trying to coordinate with PG&E and getting everything organized so it goes smoothly.

Consultant Leggitt thought that the day-to-day logistics of removing trees is going to shut the street down for access during the middle part of the day. That will be for the safety of the site and it will limit the ability for people to get in and out of their garages and homes without having some special accommodation for them. He stated that workers doing tree service are used to accommodating access, but there may be a waiting period of a few minutes before that can happen. He stated that it will be inconvenient until it is complete, but there is no other effective way to deal with big trees like this.

Mayor pro Tem Beckmeyer asked how long does he anticipate it will take besides the PG&E coordination piece.

Consultant Leggitt asked Dir. Petersen if they have had a conversation with the bidder about how long this will take them.

Supt. Mike Pham stated that it will be about 11 days for eight trees.

Consultant Leggitt concluded it would be about a month’s worth of work.

Councilmember Bigstyck stated he is in favor of 16 trees.

Mayor Vaterlaus asked if someone would like to make a motion.

City Attorney Kenyon stated that they need to figure out what the motion is going to be.

Mayor Vaterlaus asked if they want a 15-minute break and come back.

Councilmember Bigstyck asked if they have consensus for removal of 16 trees.

Councilmembers acknowledged support for this option.

Mayor Vaterlaus called a break. She then reconvened the meeting.

PW Director Petersen stated that they bid it for both removal of 8 trees and 16 trees and subsequent replanting. She stated that the numbers that would change in the resolution: the contract amount for Bay Area Tree Specialist would change to $203,800; the 10% contingency would change to $20,380; and the total budget authority for construction would change to $224,180.

City Attorney Kenyon stated that Council would just have to make a motion to approve the

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resolution as amended by staff.

Councilmember Bier moved to adopt the resolution as amended by staff; seconded by Councilmember Bigstyck.

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

7. Annual Process for City Council Consideration of Non-Governmental Organization Grant Funding
PROPOSED ACTION: Provide direction to the City Manager on draft guidelines for an annual process for City Council consideration of City grant funding to non-governmental organizations.

City Manager Woodhouse began the staff report, and Asst. City Manager Carter completed the staff report.

Councilmember Bigstyck referred to City Manager Woodhouse’s remark that one of the potential outcomes of passing a policy of this nature is that we could wind up having more applications from NGOs yearly than we are currently getting.

City Manager Woodhouse stated that is what he would anticipate because the city would be officially signaling that there is this process that any nonprofit serving Pacifica can apply for which, in the past, has not been the signal the city has given.

Councilmember Bigstyck thought it was a noteworthy bookmark that a part of our considerations might be whether or not this will cause more applications. He stated that they had an opportunity over the past year, CORA specifically, in which through Council of Cities put forward this training program for our community. He advocated strongly for adopting it and there was a lot of community buy-in which contributed to the $10,000 associated with CORA ($4,000 from the City). He asked how this would affect those instances in which opportunities arise outside of the April window that they might wish to consider as Council.

City Manager Woodhouse thought one of the goals of this process is to discourage off-cycle applications. Even if it is a service that is being provided, such as various annual services funded through the Police Department budget for StarVista, as well as for CORA, we know, in any given budget process, that is a service that they are wanting us to continue funding for. The goal of this process would be to encourage that to all happen within the context of budget development and discourage off-cycle applications. If there was some program that came up that could not wait for the following year’s budget cycle, Council could always consider that on a one-off, but then it would be taken out of context of considering all the nonprofits that could be funded and they have to consider that as a policy matter.

Councilmember Bigstyck stated, around the score sheet premise, specifically it seems like, when Councilmembers used to deliberate around potential committee and commission assignments, they would have a straw poll system where the City Clerk would, without naming names, give them the result of that. He asked what the difference is.

City Attorney Kenyon stated it is the same process. The concept and the intent is that the

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process would follow the same process that previously used for committee appointments, i.e., Council would be getting sheets where they will put their scoring. After Council fills them out on the dais, they will be handed down to the City Clerk as they do with appointments; the City Clerk would then collate and calculate the scoring and would provide the results of that scoring to Council solely for the purpose of expediting the deliberations, as the effect of the scoring sheets is nothing. What comes out of the scoring sheets will be just an analysis from the City Clerk on what the initial sheet said, but it will go back to Council for a final determination on what action they want to take for purposes of funding. She stated that there are no conclusions rendered from scoring sheets, and they do not have any legal significance after the City Clerk reports out what the sheets say.

Councilmember Bigstyck further asked how the previous process for committee appointments applied to this process differently.

City Attorney Kenyon stated it was a different process that they changed. The process before was essentially a secret vote: the analysis and determinations on the sheets were read out by the City Clerk and that was the determination of Council. That is not what is happening here.

She stated that the purpose of this scoring is simply to help Council winnow down deliberations.

She stated that Council does not have to do it that way and they can change the process.

Councilmember Bigstyck asked if the information for the scoring itself would come strictly from the applications or is there additional information that would come through the staff report aside from the application itself for any given NGO.

City Attorney Kenyon stated that whatever information Council wants to use for scoring will not be limited by the policy. They will be able to make their determinations on the dais regardless of what scoring sheets say.

Councilmember Bigstyck thought the nature of his concern is that, when he is scoring for something such as how well an NGO uses the money they are given, he is concerned about the amount of research he might need to do personally in order to make that decision, apart from the application itself or information staff is providing.

City Attorney Kenyon concluded that he was asking what information does staff intend to provide to Council to assist them in determining how to score the application.

Asst. City Manager Carter stated that, when they discussed the eligibility requirements or criteria, the application will ask the same questions consistently from every entry. The information they have in their packets, the application and supporting information, will be consistent for each organization. If Council wants to ask additional questions, that is the policy direction they are looking for now, and it will include this information on the application form when they bring it back to Council for a formal adoption.

Councilmember Bigstyck asked if this would create more work for organizations that the city has been long time partners with, such as the Resource Center and Beach Coalition.

Asst. City Manager Carter stated that each organization will be required to submit an application and provide the annual report of how the funds were used. That is the difference from the current process, where neither one is required.

Councilmember Bigstyck concluded that there will be additional steps for our long-term partners.

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Asst. City Manager Carter confirmed for all organizations that receive finances.

City Manager Woodhouse added that it will vary depending on the organization because some of the organizations probably have all that information at their fingertips and provide it anyway.

He thought, if it helps, the perspective they have to take is the city is becoming a granting agency and organizations are applying for funding; like when applying for a grant, you do your best to fill out the most complete and competitive application, and that is the information that the grantor processes and makes decisions based on and awards some and not others. He stated that is the role the city is putting itself in with this process.

City Attorney Kenyon added, from a legal perspective, what staff is trying to input into this process is equity and transparency so the scoring or determination of which groups get funded is on a level playing field for all so they know what information they need to provide and Council knows what information they generally want to consider when making these determinations.

She stated that the idea is to create a level playing field so everyone at least understands what is the information that Council is going to use when making this determination. She stated it is fair to the potential grantees to know what Council is going to be basing their decision on.

Councilmember Bigstyck stated that he will be speaking later on about the history of the city as a granting organization towards other long-term partners. He was in agreement with the aspect of equity but felt they may take on too much work whereas right now they have a non-process involved for circumstances in which it rises to the level of an asset to our community. He stated that, as mentioned before, it is rare that organizations with budget constraints issue out funds.

He referred to our long-term partners and the history behind the current funds and stated we would want to see the draft of the forms that they are required to fill out so we understand that, for long-term partners, if it is an added step, it is not a particularly onerous one.

Councilmember Bier asked if this is suggesting that Pacifica opens up a competitive grant application process where there is going to be groups that we are all very familiar with and are going to apply and we will have to score them. She specifically asked if they are talking about a competitive grant process that we are going to offer to our community and then we have to score to decide on the funding.

City Manager Woodhouse stated that she is correct as that is essentially what the process amounts to in order to create the equitable and transparent playing field on Council making nonprofit funding decisions.

Councilmember Bier asked how much money would be part of this.

City Manager Woodhouse stated that the staff report speaks to this: in any given year, the amount of money in the budget process that may or may not be available for funding of nonprofits could vary widely. Part of the budget process is that we go through funding all the essential services. In this proposed process, during April, applications come in, and in May, Council identifies the top five they would like to donate money to this year. During that process, staff will be able to provide some information about the potential funds, and when they come back with a proposed budget, Council will need to decide on what that allocation is for NGO funding and how much is going to each of the top five they ranked in the process. He stated that some years it might be very little and some years it could be more, but the reality of the giving has been that it ranged in that $150,000-$200,000 and it depends on which nonprofits they are counting as a general grant.

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Councilmember Boles stated she would like to understand their relationship with the Pacifica Resource Center (PRC) and the Pacific Beach Coalition (PBC). She asked how long they have been giving money and why are we giving them money. She asked if they count on our money in their budgeting. She referred to Asst. City Manager Carter mentioning that these were not funds for services.

Asst. City Manager Carter stated that the current amounts given to the PRC and PBC are grant funds and not in return for services.

Councilmember Boles confirmed that the Beach Coalition cleans our beaches and receives $5,000 from the city.

City Manager Woodhouse thought one distinction would be if there is a contract for service delivery that the city is engaged in with that nonprofit. He stated that, with general granting to the organization, like $5,000 to the Beach Coalition or the $83,000 or $100,000 to the Resource Center, we do not have a contract saying specifically that the money is being used for a specific item. He stated to contrast that with the $120,000 that we are giving to the PRC for three years for the service for the Temporary Safe Parking Program, as that is a contractual arrangement with that organization for a very specific service being provided. Therefore, it is General Fund granting generally to the organization and we are not mandating or telling them how they should use that funding, which is the distinction they have to draw as the same holds for StarVista Mental Health Services. He stated that the Police Department is obligated through a JPA to provide a certain amount of services per year and most of the cities in the county do that to help that system.

Councilmember Boles stated she is trying to understand the history behind those two key organizations.

Mayor Vaterlaus opened the public comments.

Lynn Adams, Pacifica, stated that she has never considered it a grant to the Pacific Beach Coalition but a sponsorship for the Earth Day event, which is support from the city. Without it, they could not be doing what they do. She shared details on their accomplishments and their concerns on this issue.

Marj Davis, Pacifica, stated she is trying to understand this and shared her thoughts and concerns on this issue in possibly taking the PRC and PBC historic contexts away.

Cindy Abbott, Pacifica, thought this item was put forward with good intentions, but she then shared her concerns on this issue and personal thoughts on working with nonprofits.

John Beckmeyer, Pacifica, stated he misconstrued the purpose when reading the agenda, and shared his thoughts and concerns on allocating funds in our community, including a question of the need and timing of audited financial statements, as well as his suggestions on the process.

City Manager Woodhouse stated that, regarding Mr. Beckmeyer’s comment, the intent is that after a year of funding, the NGOs are reporting back on how the funding was used.

Asst. City Manager Carter agreed, stating the applications that will be due in this current fiscal

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year and the reports will be due in the following year on the funds spent.

Mayor Vaterlaus closed the public comments.

Councilmember Bier understands the reason for this, but she is very concerned about having the city open up an application process to all the nonprofits in our city and seeing the influx of applications for people who are going to expect to be funded and have Council have to score their applications. She stated that, in her experience, all her work is grant funded for 20 years and filling out an application takes at least six weeks. She is seeing that it is a smaller application, but she thought the expectation to be funded is going to outweigh anything else and they will not have enough money to fund people. She appreciates the conversation, but she did not think PRC or the Beach Coalition should be included in this and that the PRC especially should be a line item in our budget. She referred to the Bicyclist and Pedestrian Advisory Commission (BPAC) grants, where CCAG has BPAC score the grants, then they go to CCAG scored to be ranked. She asked how can she not be biased and how can it not affect her personally when she goes into the community and they ask why the city did not fund them. She questioned the idea of open a competitive grant application process for the city. She stated, if this process opens up, they will be getting a lot of people expecting to be funded and she thinks that is a lot for Council to put on their shoulders as well as staff.

Councilmember Bigstyck stated, when he first came to Council Chambers, he did not know what PRC was. Executive Director Rees and members of public advocated for PRC to remain in the General Fund. He then served on the board of PRC and at every budget cycle, the questions came up as to whether PRC was to remain in the General Fund until direction was given that, of the four NGOs that were regularly funded (Beach Coalition, PRC, Chamber of Commerce, and the Library at the time), the Chamber of Commerce and Library were no longer going to be funded because the direction from that Council was so strong that then Assistant City Manager Lorenzo Hines figured out how to keep PRC and Beach Coalition funded through the ERAF program. When that might go away, because of the strength of recommendations of Council, it was presumed a different avenue for funding would occur. He stated that there was a concern on the part of the board that, while PRC was kept in the budget through ERAF, it would have been preferred to be reinstated in the General Fund as it originally had been, as it originally started as a part of the city through PB&R. He thought it was assumed at that time that they were not interested in seeking out more organizations to grant funds. He thought their finances are precarious enough that he is still reticent to invite more organizations to come seeking money from the city no matter how many good organizations are in town. He stated that his personal feelings around process being another matter entirely, he thought the idea of the city opening up to more application requests scares him. When something like CORA came around, and the opportunity was presented to all cities simultaneously as a low-cost service, he thought it was amazing. He had a conversation at CORA saying he was concerned that we do not have a policy to address bringing this on to the budget this late and at that point it was suggested that other community partners could help facilitate that. He ran with that ball to the tune of $6,000 out of $10,000 and this was as high as it was because of recent events in the community that would benefit from the service.

Mayor pro Tem Beckmeyer did some outside research to look at the issue of local government making grants and giving away funds, and she ran into a newsletter from the Institute for Local Government from 2013; there were a few points made in the article to keep in mind, i.e., pointing out every public dollar is the community’s money. She thought we have a very diverse community in terms of interest and she imagines many possible concerns from the community.

As further mentioned in the article, there are a few reasons suggested as being appropriate or

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beneficial, describing them as “complementary service,” “a demonstrable benefit,” or “a service that the agency could provide but does not”. The article gave some examples of a complementary service, like a tree foundation that will enable the planting of more street trees, which our city does; a demonstrable benefit, like an afterschool program that could theoretically reduce police calls; and a service that the agency could provide but does not or does not on an extensive basis, like litter reduction or beach cleaning. She thinks about the relationships we have had with PRC and Beach Coalition for a long time and thought there was rationale for how those are good investments of public funds. She appreciates the need and desire to put something like this in place to enhance transparency; she would like to enhance transparency and see what else can be done besides opening up a competitive grant process. She stated that they have brought up other things they have wanted to fund, like CORA, Coast Pride, and Fog Fest. She recognizes that the list produced as part of the packet is not complete or exhaustive, and there have been many instances where there has been in-kind service and reduction of fees, and she thinks they need to think more on this. She wanted to figure out what they do as she wants there to be room for other groups and have the ability for Council to direct the allocation of funds for reasons that we judge to be appropriate. She stated that the written responses they got for public comment was that the whole process skirts Council’s discretionary powers and that those discretionary powers should be defined. She wants to have the opportunity for another instance like CORA and she recognizes that is not good timing for a budget process. She wondered if there was a way to allocate funds and they debate later when something comes up that they have not seen. She stated that the issues of transparency and equity are important for her. She was reminded as they talked about their situation with the surf camps. Regarding equity, it is in terms of access, such as can a person apply for funds, and another layer of equity is the diversity of the clients being served or benefitting from what the organization does. She wants to think about that when items come before them. She is questioning the use of staff time to make this process. She would defer to the City Manager addressing his sense of urgency on this, as there is a lot of other work that needs to get done.

She knows he is probably thinking about the budget cycle and she asks is there a way to keep doing what they have been doing and are justifiable in all the reasons mentioned.

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

MOVE TO EXTEND MEETING TO 11:30 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Christine Boles, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
Councilmember Boles agreed with all of them as they expressed their thoughts eloquently and thoughtfully. She agreed that she does not want to open up for applications and she does not think their core agencies, Beach Coalition and PRC, should be part of this process. She thinks there should be a way that they can look at other groups and a way to review funding to those organizations every year as part of the budget process. She expressed concern about the amount of work involved in the potential application process for the nonprofit organizations. She would like to have it open so CORA and other things that come up and that may be part of the budget process and see how much money the city has every year and maybe they have a meeting to invite certain nonprofits that they are considering to come and give a presentation as some cities do. She thinks they need to be clear about how much extra money there is, as it is a lot of work to put this application together and make an organization go through those hurdles

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for $500 or similar amount.

Mayor Vaterlaus agreed that opening this up where major numbers of people would apply and she thought many nonprofit organizations were important. When they get into the list of people who could ask for money, she thought it could be overwhelming. She thought possibly receiving a rundown and report from the nonprofits would work, but no audit. She thinks the transparency is important and to do it in a public meeting is important. She thinks this proposed process is too extreme.

Councilmember Boles stated she asked about best practices from other cities and she found online that Half Moon Bay and Foster City and San Mateo County had processes and forms for their grants. She added that none of them asked for an audit, some asked to be in good standing with the IRS, some asked for an IRS forms, i.e. an end of the year financial record.

Mayor Vaterlaus asked if staff has come up with an answer.

City Manager Woodhouse thought he would attempt to synthesize some aspects of the conversation. He stated that the Council discussion hit on all the complexities of this policy decision. He stated, if there was a process in the future, he agrees regarding the audited financial statements as that may be too much. He stated that there are other means to verify that an agency is in good financial status or good bookkeeping. He stated that the question was asked as whether there is a problem here that they are trying to fix. He reminded Council that the reason this came up is because of the off-cycle mid-year request for funding. He stated that the assorted history of funding that the city currently provides does not include any transparency behind this process. Regarding whether it saves staff time, he thought a process could save staff time depending on the alternative, which is that any councilmember can request to agendize an item for Council to discuss at any time of the year; any nonprofit can go to a councilmember and ask if Pacifica can give them money and can they talk about it. Then the city goes through the process and it becomes an ad hoc conversation about city funding for all kinds of good causes that may be requested for Council to approve that the city fund. He stated that it does not happen frequently and came up when they were talking about Coast Pride, and he was concerned because it was an off-cycle process. Then it came up in the CORA conversation and with Sustainable San Mateo County which they historically give $1,000.

These ad hoc conversations raise concerns in terms of transparency and equity and using the public funds, and that is what gives rise to this. If a lot of ad hoc requests come in and become agendized, those add up to a lot of staff time and a lot of Council deliberation that is not in the context of the city’s budget and what the city can afford, and every agency that wants funding has a good cause for why they want the funding. He stated that Council then gets backed into a very difficult decision from the dais. He stated that the alternative in the report is that now is not the right time to consider this and push it off and continue status quo. He referred to the question of competitive funding, and he stated Council is already doing that as they are deciding every budget year on where the city’s funds are going to go and there are a handful of nonprofits that are recipients of that. He reiterated that there is definite concern about inviting applications because they are announcing that there is this process. He referred to Councilmember Boles mentioning that they could invite some nonprofits in, and he thought that it is doing the same thing without a transparent process. There is no process established on paper or a policy when they talk to nonprofits about whether to fund them or not for this fiscal year and that is where they have concerns. He stated that it is a complex issue and why he keyed this up to have an initial conversation and it is okay to not move forward with the process at this time. He has questions that they could bring up during budget about funding organizations outside of PRC and PBC. He thought the Council should be deciding that rather

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than City Manager, so he thought they could clarify that during budget as to what they will or will not fund next year of those agencies but not inviting new ones to apply. He then asked Asst.

City Manager Carter if she had additional thoughts about all that.

Asst. City Manager Carter stated everything had been covered.

Councilmember Bigstyck wanted to give appreciation to staff for calling up this question to have this conversation. He thinks, among those who spoke, he heard more ideas about what to deliberate on from Mayor pro Tem Beckmeyer and he asked if she could restate some of them.

Mayor pro Tem Beckmeyer stated that one area she was going to ask about was under the category of sponsorship, such as the request when there are events in Pacifica and groups sponsoring the events or a group coming into town that is doing an event wants the city to bring assistance like extra trash cans. She thought big events available for the community that need support, rather than money, would consider the city to be a logical place to ask for that support.

She wants to hear more about that as she recognizes that it is not free with staff time, etc., generating a cost for city staff which is a draw on the budget. She would want to hear more about them at budget time or when it is appropriate. She reiterated that the article was from Institute for Local Government from 2013. There was a lot of comments on use of public funds, mentioning the example of adding trees in private yards is a gift of public funds. She mentioned the article was pointing out these are agencies or organizations providing services or doing some kind of benefit or service that the agency could do but does not. She stated that other points that she thinks are important are transparency around it and that some of these are things that Council should make a decision about and not the City Manager. She questioned how they make sure they have an equitable process and are serving all parts of our community.

Councilmember Bier appreciated the difference between a sponsorship of an event and a grant application as they do very different things. She thought, if they have a process for sponsorship, that is a place to start. She still thinks PRC and the Beach Coalition should not be a part of these conversations.

Councilmember Boles asked, when talking about events, are they also talking about permit fees that the city would be reviewing and approving. She is thinking of the parade and the Historical Society and their permit for their train car, etc., which might be a benefit to the city. She assumed the standard cost basis includes more overhead, etc., that may not be total costs.

She thought, if there was a way to reduce things and not losing money and not making a big profit. She asked if that is something that can be considered.

Mayor Vaterlaus mentioned that there are a lot of events, Dog Surfing, Tree Lighting, etc., that happen all year long. She asked what is happening with those, assuming they are not giving them money directly.

Councilmember Boles thought some of them also are not paying enough as they do not tell us how many people are coming.

Mayor pro Tem Beckmeyer would like to propose that they continue status quo and she wants there to be some allocation of funds or earmarked or set aside, etc., so if there are off-cycle requests that they have a place they can go. She thought it would take some analysis to figure out how much they are doing. She does not know if it is a Council agenda item, an ad hoc group, or whatever they think would be best. She does not want them all to spend a ton of time on this or make an extra job function for an already stretched staff.

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Councilmember Bigstyck liked that idea. He stated that something that came out of CORA that was unexpected for him was community partners collaborating with the city to be able to fund this service. He wondered, if a part of the process going forward when unexpected things come up, if the question is intentionally added, could some of our community partners be contacted in terms of aiding what they are trying to accomplish. He thought that, instead of taking it all on Council’s shoulders, if they were to reach out in certain instances, some of their partners might want to pair up with the city in covering costs. He thought that might be an interesting element to add into future discussions.

Mayor Vaterlaus added that the PRC and Beach Coalition were always based on whether or not there was excess ERAF money because that could go away at any time. She thinks they decided at one point that they would continue regardless but they would have to find a place where the money would come from, such as the General Fund, as ERAF could go away.

City Manager Woodhouse stated he is not hearing specific direction to bring something back in the near term. He heard the concept of developing a sponsorship policy that would be a different undertaking, and with the Council during the budget, he thought they could call out where we are providing funding for NGOs and be transparent in the budget recommendation.

He stated that he is getting the sense that they are putting this on hold for now and not doing anything immediately.

Mayor Vaterlaus got a consensus that their answer is yes.

City Manager Woodhouse thought that was sufficient direction.

RESULT: NO VOTE REQUIRED

ADJOURN
Mayor Vaterlaus adjourned the meeting at 11:07 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

COUNCIL AGENDA SUMMARY REPORT
3/25/2024
1 SUBJECT:

Update to authorizing resolution for Open Space & Parkland Advisory Committee (OSPAC).

RECOMMENDED ACTION:

Adopt the attached resolution to update the authorizing resolution for the Open Space & Parkland Advisory Committee (OSPAC) and to rescind the prior authorizing resolution (City Council Resolution No. 44-2015).

STAFF CONTACT:

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

The City Council’s Priority Work Plan for Fiscal Year (FY) 2022-23 included Item No. 13 – Review City Commission and Committee Charters. Staff’s efforts on this item started in the third quarter of FY 2022-23 and have continued into FY 2023-24. The following is a brief outline of efforts on this work plan item both generally and specific to consideration of the “charter” (i.e., authorizing resolution) for the Open Space and Parkland Advisory Committee (OSPAC):
• April 11, 2022: Adoption of FY 2022-23 Priority Work Plan. This action established a review of all commission and committee charters as a priority for the City Council. • March 27, 2023: City Council discussion and direction on order of commission/committee reviews and approach to gathering information from commission/committee members about their work.
• April 10, 2023: City Council creation of an ad hoc subcommittee to work on the review of commission/committee charters. The ad hoc subcommittee, consisting of Councilmembers Bier and Bigstyck, assisted staff with the creation of survey questions for the OSPAC members to gauge their responses on various topics related to their work.
• July 17, 2023: Consistent with the City Council ad hoc subcommittee’s input, staff launched an online survey to seek individual OSPAC member input. • July 19, 2023: Discussion of collective survey questions by committee members at the monthly OSPAC meeting.
• August 16, 2023: OSPAC vote on draft resolution (i.e., charter) for City Council consideration.
• August 28, 2023: Joint study session of City Council and OSPAC to discuss survey results and draft resolution voted on by OSPAC on August 16, 2023. • January 17 and February 21, 2024: OSPAC meetings to consider and request City Council approval of an updated draft authorizing resolution. 2 Packet Pg. 32
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I. OSPAC’s Requested Modifications to Its Charter
Following the joint study session with City Council and OSPAC on August 28, 2023, the OSPAC met on January 17, 2024, to consider revisions made by staff to incorporate City Council feedback to the draft resolution endorsed by OSPAC on August 16, 2023. During deliberation some committee members expressed concern that the proposed resolution omitted important advisory topics such as trail connectivity, biodiversity, and habitat protection, and that additional time was needed in order better compare and evaluate the changes proposed by staff to the draft authorizing resolution OSPAC had previously transmitted to City Council. Ultimately, OSPAC continued its consideration to February 21, 2024.

In advance of the February 21 meeting, a subcommittee of OSPAC focused on the authorizing resolution update met to carefully study the revised draft resolution presented by staff on January 17. The subcommittee transmitted a revised draft resolution with additional revisions to staff on January 21, 2024. Staff evaluated the proposed revisions from the subcommittee, determined that most were substantially compliant with the prior City Council guidance from the joint study session, and made certain further edits to fully align the final revised draft resolution with the City Council’s guidance.

Staff presented the final revised draft resolution to OSPAC on February 21, 2024. The OSPAC voted 6-0 (with one absence and two vacant seats) to request City Council approval of the draft resolution included as Attachment A in the form presented by staff, without modifications.

II. City Council Action Requested & City Manager Recommendation The City Manager requests City Council action to adopt the draft resolution included as Attachment A. Adoption of the draft resolution in Attachment A would rescind OSPAC’s current authorizing resolution (City Council Resolution No. 44-2015) and replace it with the adopted resolution. City Council adoption of the draft resolution included in Attachment A would complete the City Council’s review and update of the authorizing resolution for OSPAC.

ALTERNATIVE ACTION:

The recommended authorizing resolution is the product of a focused public and OSPAC engagement process. No alternative action has been identified.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

The OSPAC authorizing resolution update is consistent with the following item(s) in the Counciladopted Strategic Plan and Priority Work Plan for FY 2023-24:
• Goal 5: Broaden public communications and collaboration. o Previously-initiated projects: Review and update commission/committee authorizing resolutions.

FISCAL IMPACT:

No direct fiscal impact.

ORIGINATED BY:

Planning Department
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ATTACHMENT LIST:
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RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA ADOPTING A

NEW AUTHORIZING RESOLUTION FOR THE OPEN SPACE AND PARKLAND ADVISORY COMMITTEE AND RESCINDING RESOLUTION NO. 44- 2015.

WHEREAS, Resolution No. 44-2015 of the City Council of the City of Pacifica (“Authorizing Resolution”) established the Open Space and Parkland Advisory Committee (“OSPAC”) subject to the criteria contained therein; and WHEREAS, open spaces, parklands, prominent hills, ridgelines, bluffs, beaches, recreational opportunities, and viewsheds are fundamental to Pacifica’s essence. The beauty, character, ecology, history, and quality of life afforded by these natural features provides residents and visitors alike with mental and physical health benefits and contributes to Pacifica’s economy; and
WHEREAS, the Open Spaces and Parklands of Pacifica support a unique coastal flora and fauna that require intact and connected habitats to thrive; and WHEREAS, equitable access to open spaces and parklands is an important component of addressing systemic injustices and inequalities; and WHEREAS, the City Council and OSPAC held a joint study session to review the Authorizing Resolution and consider whether revisions were necessary on August 28, 2023.

NOW THEREFORE BE IT RESOLVED that the OSPAC shall continue to operate and will be comprised of nine (9) members selected by the Council from the community at large; and BE IT FURTHER RESOLVED that the OSPAC shall operate consistent with the duties, responsibilities, goals, and objectives as stated in this Resolution, and shall operate consistently with the City of Pacifica Municipal Code and City of Pacifica Commission and Committee Handbook as both may be periodically amended by the City Council; and BE IT FURTHER RESOLVED, while some of the recommended actions of the Open Space Task Force Report (“OSTF Report”) have been completed, the OSTF Report should remain the basic reference for the OSPAC; and
BE IT FURTHER RESOLVED, the OSPAC shall advise the City Council on issues pertaining to open space and parklands, including advisement on issues of equity, access, safety, trail connectivity, biodiversity and habitat protection, economics, scenic beauty, and effects on adjacent neighborhoods. The OSPAC is uniquely qualified to engage the public, to provide valuable recommendations on these topics, and provide input in a community forum to safeguard the benefits of open spaces and parklands for current and future generations; and BE IT FURTHER RESOLVED, the OSPAC shall advise the City Council on: (1) The Policy and Procedures of the National Park Service ("NPS") as they relate to areas of the Golden Gate National Recreation Area (“GGNRA”) within the City of Pacifica and adjacent communities; (2) Issues surrounding the transfer of ownership of Cattle Hill and the Pedro Point 2 Packet Pg. 35
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Headlands to the NPS or other suitable long-term land stewards; (3) Access to and operation of the San Mateo County Parks in and around the City of Pacifica including the San Pedro Valley County Park and the Devil's Slide Trail County Park; (4) Access to and operation of lands owned by the California Coastal Conservancy; (5) Access to and improvement and operation of open space lands owned or controlled by the City of Pacifica; and (6) Ways in which these areas can contribute to the economy of the City; and
BE IT FURTHER RESOLVED, the OSPAC may assist City staff with identifying sources of funding (e.g., grants, bond or parcel tax measures or community fund raising resources) for open space preservation, acquisition, enhancement, and maintenance; and BE IT FURTHER RESOLVED, the OSPAC may plan and undertake periodic trail improvement social “work days” for trails located on City-owned property in full coordination with the City Manager; and
BE IT FURTHER RESOLVED, the OSPAC may conduct an annual retreat, within the City, to improve organizational capacity and team building when determined necessary by the Chair of OSPAC, in full coordination with the City Manager and subject to available City funding and staff support for the OSPAC; and
BE IT FURTHER RESOLVED, during a future annual review of implementation of the General Plan the City Council will consider whether a General Plan amendment that formally connects the recommendations contained in the OSTF Report to one or more elements in the City’s General Plan is appropriate to ensure a mechanism exists for formal consideration of the OSTF Report in City decision making including development review; and BE IT FURTHER RESOLVED, the OSPAC support staff shall prepare a written staff report describing projects (including maps, site plan, number of units, and related key details of the project relevant to OSPAC) proposed on sites listed in the Open Space Task Force report and summarizing the project’s relationship to the site description in the OSTF Report. Support staff shall present this staff report at the first OSPAC meeting practicable following submission of the application; and
BE IT FURTHER RESOLVED, the OSPAC may advise applicants on properties listed in the OSTF Report if such applicants voluntarily agree to present their projects to the OSPAC.

Recommendations of the committee will be solely advisory. The OSPAC shall be authorized to draft invitation letters that Planning Department staff shall furnish to applicants for projects on properties listed in the OSTF Report, which shall outline the positive outcomes that may result from an application presentation to receive advisory feedback from the OSPAC. OSPAC support staff shall send the OSPAC’s invitation letters as early as practicable in the project review process to maximize the potential for applicants to consider OSPAC’s recommendations before reaching later stages in the project review process; BE IT FURTHER RESOLVED, the OSPAC may from time to time be required to engage and collaborate with City Staff, other City Committees, City Commissions, and Pacifica’s Land Trust in furtherance of its authorized activities; and
BE IT FURTHER RESOLVED that this Resolution is intended to supersede the Authorizing Resolution in its entirety and Resolution No. 44-2015 is hereby rescinded. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of March 2024.
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AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_____________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 2 Packet Pg. 37

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/25/2024
1 SUBJECT:

Notice of Completion for the Construction of the Anza/Arguello Interim Storm Drain Project in Lower Linda Mar
RECOMMENDED ACTION:

Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the completion of the Anza/Arguello Interim Storm Drain Project
STAFF CONTACT:

Matt Kelly, Project Manager
(650) 730-0212
[email protected]
Roland Yip, P.E., DPW Deputy Director
(650) 738-3771
[email protected]
Lisa Petersen, P.E., Director of Public
Works (650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

On October 9, 2023, City Council authorized the City Manager to Award and Execute a Construction Agreement for the Anza/Arguello Interim Storm Drain Project. The project included installation of Two-12” lines to run down Anza Drive, installation of a 15” drainpipe through new backyard easements at 943/951 Anza Drive to the storm drain system that runs along Hwy 1, catch basin upgrades, trench backfill/compaction, and asphalt trench paving. Easements were recorded on 12/7/23. The project was funded by the FY 2023-24 Capital Improvement Budget Fund.

The final contractor construction cost, under a not to exceed contract cost limit of $220,000 based on work completed, was $193,374.11. The fence between 943/951 Anza Drive needed to be replaced after the project and was performed by A-1 Fence Company for $9,290.00 under a separate contract.

As the project is now complete and staff is satisfied with the contractor’s work on the project, it is appropriate to record the formal Notice of Completion with the San Mateo County Recorder's Office. This recorded document is the legal notice that the City considers the project complete and that we intend to pay the contractor for the full and complete contract price. This also puts all subcontractors and suppliers on notice that if they have any claims for payment from the 3 Packet Pg. 38
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contractor, they have 30 days to file claims for payment against the City. This provision of contract law protects subcontractors from contractors who may not pay them properly. It also protects the City from claims against us for any nonpayment on the part of the contractor.

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

FISCAL IMPACT:

The Project Source and Use of Funds spreadsheet is shown below:

Source of Funds
Anza/Arguello Interim Storm Drain Project $ 350,000
Total Source of Fund $ 350,000
Use of Funds
Project Design (Carollo) $ 63,944
Casey Construction Contract $ 193,374.11
Fence Replacement $ 9,290.00
Total Use of Funds ($ 266,608.11)
Estimated Project Source End Balance $ 83,391.89
ALTERNATIVE ACTION:

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

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the Notice of Completion for the Anza/Arguello Interim Storm Drain Project is consistent with the following Council adopted Goals:
• Improve and steward City Infrastructure, streets, and facilities: Construction of the interim storm drain system will improve the storm drain system in the area, allowing for a redundant system to drain excess stormwater.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment 1: Anza/Arguello Interim Storm Drain Project Notice of Completion (PDF) 3 Packet Pg. 39
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RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

ACCEPTING COMPLETION AND DIRECTING THE CITY MANAGER TO FILE

NOTICE OF COMPLETION FOR THE ANZA/ARGUELLO INTERIM STORM DRAIN

PROJECT
RESOLVED by the City Council of the City of Pacifica, California, that WHEREAS, the City Engineer of the said City has filed with the City Clerk of said City, his Certificate as to the completion of all the work provided to be done under and pursuant to the contract between said City and Casey Construction, on October 9, 2023, and WHEREAS, it appears to the satisfaction of this Council that said work under said contract has been fully completed as provided in said contract and the plans and specifications therein referred to,
NOW, THEREFORE, it is ordered as follows:

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

2. That the City Manager is directed to file for record with the County Recorder of the County of San Mateo, Notice of Completion thereof, pursuant to Section 3093 of the Civil Code of the State of California.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of March 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 3 Packet Pg. 40

NOTICE OF COMPLETION

CITY OF PACIFICA

FOR THE ANZA/ARGUELLO INTERIM STORM DRAIN PROJECT
NOTICE IS HEREBY GIVEN, pursuant to Section 3093 of the Civil Code of the State of California, by Roland Yip, City Engineer of the City of Pacifica, California, that the contract awarded to Casey Construction on October 9, 2023, has been completed in accordance with the plans and specifications for said work filed with the City Clerk, and approved by the City Council of said City.

That said work and improvements were actually completed on the 11th day of November 2023 and that acceptance of completion of said work was ordered by the City Council of said City, adopted on the 25th day of March 2024, and that the name of the surety on the contractor's bond for labor and materials on said project is Western National Mutual Insurance Company.

That said work consists, generally of storm drain improvements of the City of Pacifica’s Anza/Arguello Interim Strom Drain Project and other miscellaneous work.

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

City Engineer

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

Roland Yip, P.E.

City Engineer
Executed in Pacifica, California, on March 25, 2024.

ATTACHMENT I

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Attachment: Attachment 1: Anza/Arguello Interim Storm Drain Project Notice of Completion [Revision 1] (5598 : Notice of Completion for the

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/25/2024
1 SUBJECT:

Move to adopt a Resolution to approve Amendments to City Agreements and associated Task Orders adding funding
RECOMMENDED ACTION:

Move to adopt a Resolution to approve the following Amendments to the City Agreements and associated Task Orders adding funding:
1) First Amendment to Task Order 1 of the Consultant Services Agreement (upon approval of FY 2023/24 mid-year budget adjustment) between the City of Pacifica and Nichols Consulting Engineers (NCE) to the contract for design services for the Sharp Park Priority Development Area Pedestrian Improvement Project in the amount of $52,600 increasing the overall cost to an amount not to exceed $208,400.
2) Second Amendment to the Construction Services Agreement (upon approval of FY 2023/24 mid-year budget) between the City of Pacifica and Chesterworks to the contract for construction management services for the Civic Center Project in the amount of $40,000 increasing the overall cost to an amount not to exceed $175,960. 3) Second Amendment to Task Order 2 of the Consultant Services Agreement between the City of Pacifica and NCE for On-Call Arborist Services in the amount of $8,830.49 increasing the overall cost to an amount not to exceed $103,830.49. 4) Second Amendment to Task Order 1 of the Consultant Services Agreement (upon approval of FY 2023/24 mid-year budget adjustment) between the City of Pacifica and NCE for design services for the Priority Parks Project in the amount of $20,400 increasing the overall cost to an amount not to exceed $318,355.

STAFF CONTACT:

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

Several on-gong City Agreements require Amendments to the Agreements or associated Task Orders to allow for additional funding. Three of the necessary Amendment budget adjustments are included in the FY 2023/24 Mid-Year Budget Adjustment report under consideration for this Council meeting. These include the Civic Center Chesterworks Amendment, the Sharp Park Priority Development Project NCE Amendment, and the Priority Parks NCE Amendment. The final Amendment (On-Call Arborist NCE) has sufficient project funds to cover the additional costs. The amendments to the agreements and associated task orders and reasons for the additional costs are listed below:
4 Packet Pg. 42
Pacifica City Council 2
March 25, 2024
Amendment to Agreement Task Order 1 with NCE for the Sharp Park Priority Development Project Design: During the development of the Sharp Park Priority Development Area Pedestrian Improvement Project design, changes were required that were not part of the original scope of work to the NCE design work. These included additional sidewalk, curb and gutter, and driveways. This work requires completion so the project can be finalized for bidding and meet grant requirements. An addition of $52,600 is needed to finalize this design work.

Amendment to the Agreement with Chesterworks for the Civic Center Project Management:

Chesterworks was hired by the city to provide construction management oversight on the Civic Center project. Chesterworks has extensive experience in oversite of public building construction and has been on the project since the start of the job. The Civic Center contractor’s late ordering for the switchgear has pushed out the project schedule and change orders have required additional project time. A continuation of Chesterworks contract for $40,000 is required for the project to continue to receive adequate building project oversight.

Amendment to the Agreement Task Order 2 with NCE for the On-Call Arborist Services: NCE worked for the city as the interim City Arborist while the city was putting out a Request for Proposals to select a long-term contract City Arborist. Dudek Environmental Consultants was selected for the long-term contract and NCE continued to provide arborist services to the city during the transition period until Dudek could take over the arborist services. During this period of time, NCE provided arborist reviews and meetings with Dudek to explain the review process and convey information on outstanding permits. This additional cost is $8,830.49.

Amendment to the Agreement Task Order 1 with NCE for the Priority Parks Project Design:

During the design of the Priority Parks Project, there were additional changes to surface areas, layouts and alternative design work that was not part of the original scope. The Project plans need to be completed so the project can be put out to bid. An additional cost amendment of $20,400 is required to complete the design work and allow the contract to go to bid.

The City Manager recommends that the Council approve a Resolution to approve the following Amendments to the City Agreements and associated Task Orders:
1) First Amendment to Task Order 1 of the Consultant Services Agreement between the City of Pacifica and Nichols Consulting Engineers (NCE) to the contract for design services for the Sharp Park Priority Development Area Pedestrian Improvement Project in the amount of $52,600 increasing the overall cost to an amount not to exceed $208,400. 2) Second Amendment to the Construction Services Agreement between the City of Pacifica and Chesterworks to the contract for construction management services for the Civic Center Project in the amount of $40,000 increasing the overall cost to an amount not to exceed $175,960.
3) Second Amendment to Task Order 2 of the Consultant Services Agreement between the City of Pacifica and NCE for On-Call Arborist Services in the amount of $8,830.49 increasing the overall cost to an amount not to exceed $103,830.49. 4) Second Amendment to Task Order 1 of the Consultant Services Agreement between the City of Pacifica and NCE for design services for the Priority Parks Project in the amount of $20,400 increasing the overall cost to an amount not to exceed $318,355.

Approval of the Resolution will allow for completion of this related work.

ALTERNATIVE ACTION:

Deny, or authorize a different amount for the proposed Amendments to the City Agreements and associated Task Orders. Denying or authorizing a reduced amount will require Public Works Department staff to stop or delay work on these contracts or deny payment for work completed (On-Call Arborist contract). Staff does not recommend these actions. 4 Packet Pg. 43
Pacifica City Council 3
March 25, 2024
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• Improve and Steward City Infrastructure, Streets and Facilities: Includes continuing projects that fix and improve the city infrastructure and includes enforcing the City’s Tree Ordinance to maintain the urban forest.

FISCAL IMPACT:

All adjustments needing additional funding have been incorporated into the FY 2023-24 MidYear Budget Adjustment that is under consideration for this Council meeting. Approval of these transfers will occur upon approval of the FY 2023-24 Mid-Year Budget Adjustment at the end of the March 25, 2024, City Council meeting.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment 1_Sharp Park PDA Budget Amendment No 1 NCE Signed by NCE (PDF) Attachment 2_Agreement-Amendment 2_Chesterwerks_20240325 - signed (PDF) Attachment 3_ Tree Arborist Amendment 2 NCE On-Call Tree Services Signed NCE (PDF) Attachment 4_NCE PO_Amendment 2 to TO 1_Priority Parks NCE Signed (PDF) Attachment 5_Previous_Sharp Park PDA Master Agreement_NCE_20230224 (PDF) Attachment 6_Previous_Sharp Park PDA Agreement_NCE_TO No. 1 (PDF) Attachment 7_Previous_Agreement_Chesterwerks_ 20220613 (PDF) Attachment 8_Previous_Agreement_Amendment 1_Chesterwerks (PDF) Attachment 9_Previous_Tree Arborist Master Agreement (PDF) Attachment 10_Previous_Tree Arborist Agreement_Task Order#1_Tree Permit - signed 2.6.23 (PDF)
Attachment 11_Previous_ Tree Arborist Amendment 1 to Master Agreement (PDF) Attachment 12_Previous_Priority Park Project Master Agreement (PDF) Attachment 13_ Previous_Priority Park Project Task Order No. 1 (PDF) Attachment 14_ Previous_Priority Park Amendment 20231219 (PDF) 4 Packet Pg. 44
Pacifica City Council 4
March 25, 2024
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE FIRST AMENDMENT TO TASK ORDER 1 OF THE CONSULTANT SERVICES AGREEMENT (UPON APPROVAL OF THE FY 2023/24 MID-YEAR BUDGET

ADJUSTMENT) BETWEEN THE CITY OF PACIFICA (CITY) AND NICHOLS CONSULTING

ENGINEERS (NCE) TO THE CONTRACT FOR DESIGN SERVICES FOR THE SHARP

PARK PRIORITY DEVELOPMENT AREA PEDESTRIAN IMPROVEMENT PROJECT IN THE AMOUNT OF $52,600 INCREASING THE OVERALL COST TO AN AMOUNT NOT TO EXCEED $208,400, THE SECOND AMENDMENT TO THE CONSTRUCTION SERVICES AGREEMENT (UPON APPROVAL OF THE FY 2023/24 MID-YEAR BUDGET

ADJUSTMENT) BETWEEN THE CITY AND CHESTERWORKS TO THE CONTRACT FOR

CONSTRUCTION MANAGEMENT SERVICES FOR THE CIVIC CENTER PROJECT IN THE AMOUNT OF $40,000 INCREASING THE OVERALL COST TO AN AMOUNT NOT TO EXCEED $175,960, SECOND AMENDMENT TO TASK ORDER 2 OF THE CONSULTANT

SERVICES AGREEMENT BETWEEN THE CITY AND NCE FOR ON-CALL ARBORIST SERVICES IN THE AMOUNT OF $8,830.49 INCREASING THE OVERALL COST TO AN AMOUNT NOT TO EXCEED $103,830.49, AND THE SECOND AMENDMENT TO TASK ORDER 1 THE CONSULTANT SERVICES AGREEMENT (UPON APPROVAL OF FY 2023/24 MID-YEAR BUDGET ADJUSTMENT) BETWEEN THE CITY AND NCE FOR DESIGN SERVICES FOR THE PRIORITY PARKS PROJECT IN THE AMOUNT OF $20,400 INCREASING THE OVERALL COST TO AN AMOUNT NOT TO EXCEED $318,355.

WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City of Pacifica entered into agreements with NCE for consulting services and Chesterworks for construction management services; and
WHEREAS, the City Council authorized amendments to the City’s agreement with Chesterworks for construction management services on the Civic Center Project in June of 2022, and with NCE for task orders associated with agreements for consulting services for the On-Call Arborist service in October 2023, and for the Priority Parks Project in December 2023; and WHEREAS, on March 25, 2023; the City Council of the City of Pacifica considered the City Manager’s recommendation to approve a second amendment with Chesterworks for construction management services for the Civic Center Project, first amendment to task order 1 with NCE for consultant services for the Sharp Park Priority Development Area Pedestrian Improvement Project, second amendment to task order 2 with NCE for consultants services for the On-Call Arborist services and second amendment to task order 1 with NCE for consultant services for the Priorities Park Project; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica that it approves the First Amendment to Task Order 1 of the Consultant Services Agreement (upon approval of FY 2023/24 mid-year budget) between the City of Pacifica and Nichols Consulting Engineers (NCE) to the contract for design services for the Sharp Park Priority Development Area Pedestrian Improvement Project in the amount of $52,600 increasing the overall cost to an amount not to exceed $208,400.
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Pacifica City Council 5
March 25, 2024
BE IT FURTHER RESOLVED that the Council approves the Second Amendment to the Construction Services Agreement (upon approval of FY 2023/24 mid-year budget) between the City of Pacifica and Chesterworks to the contract for construction management services for the Civic Center Project in the amount of $40,000 increasing the overall cost to an amount not to exceed $175,960.

BE IT FURTHER RESOLVED that the Council approves the Second Amendment to Task Order 2 of the Consultant Services Agreement between the City of Pacifica and NCE for On-Call Arborist Services in the amount of $8,830.49 increasing the overall cost to an amount not to exceed $103,830.49.

BE IT FURTHER RESOLVED that the Council approves the Second Amendment to Task Order 1 of the Consultant Services Agreement (upon approval of FY 2023/24 mid-year budget adjustment) between the City of Pacifica and NCE for design services for the Priority Parks Project in the amount of $20,400 increasing the overall cost to an amount not to exceed $318,355.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of March, 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 4 Packet Pg. 46
Task Order No. 1 FOR CONSULTANT SERVICES
AMENDMENT NO. 1
This AMENDMENT NUMBER 1 is entered into as of the 14th day of March 2024 (“Amendment No. 1”), by and between the CITY OF PACIFICA, herein called the “City,” and NCE hereinafter called the “Consultant.” City and Consultant may be referred to individually as “Party” and collectively as “Parties”.

RECITALS
A. City desired to obtain On-Call Consultant Services to effectively design the Sharp Park PDA Pedestrian Improvements Project and for that purpose entered into an agreement with Consultant dated April 24th, 2023 (“Master Agreement with Task Order 1), by which City hired Consultant to perform civil and pavement engineering services; and B. Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in this Amendment No.1 to Task Order 1; and C. The City desires to authorize Consultant to modify the services described in this Amendment No. 1 of the subject project per the attached scope and budget.

AGREEMENT
A. Amendment. The Parties agree that the Task Order No. 1 shall be amended as set forth below.
a. Section 2 “Scope of Services”. All scope of services remain unchanged with the addition of work in attached hereto as Exhibit A shall be incorporated by reference (“Modified Work”).
b. Section 3 “Compensation and Payment”.

A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules set forth in this Amendment No.1 and Exhibit A. The total combined compensation for the Original Agreement this Amendment No.1 shall be changed to Two Hundred Eight Thousand and Four Hundred dollars ($208,400.00).

1. Agreement in Effect. All other provisions of the original Task Order 1, except as amended herein, shall remain in full force and effect. [Signatures on Next Page]
Consultant Services Agreement
NCE
Amendment No.1 Page 1
ATTACHMENT 1

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Attachment: Attachment 1_Sharp Park PDA Budget Amendment No 1 NCE Signed by NCE (5602 : Resolution - Adopt a Resolution to approve IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No.1 as of the date first written above.

CITY OF PACIFICA
By: ______________________________ Date
Kevin Woodhouse, City Manager
Attest:

By: ______________________________ Date
Sarah Coffey, City Clerk
Approved As To Form:

By: ______________________________ Date
Michelle Marchetta Kenyon, City Attorney
CONSULTANT: NCE
By: ______________________________ Date
J. Ryan Shafer, Principal
Consultant Services Agreement
NCE
Amendment No.1 Page 2
OAK #4817-6120-9406 v3
3-18-2024

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Attachment: Attachment 1_Sharp Park PDA Budget Amendment No 1 NCE Signed by NCE (5602 : Resolution - Adopt a Resolution to approve Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
Mr. Ray Donguines, P.E. Revised February 21, 2024
Senior Civil Engineer Project No: 1004.19.55
City of Pacifica
151 Milagra Drive,
Pacifica, CA 94044
RE: Budget Amendment No. 1
Sharp Park PDA Pedestrian Improvement Project – Additional Civil Design Services Dear Mr. Donguines,
This letter provides formal documentation of NCE’s discussions with the City of Pacifica (City) regarding a budget amendment for the Sharp Park PDA Pedestrian Improvement Project. The budget amendment reflects budget needed to design additional driveway, sidewalk, and curb and gutter improvements requested by the City during our initial field walk on June 15, 2023 with City staff.

Amended Project Understanding
The Sharp Park PDA Pedestrian Improvement Project includes curb ramp, driveway, sidewalk, curb and gutter improvements, base repair, and surface sealing work with a total estimate construction budget of 1.8 million. The initial proposed improvements (appended) were sent to NCE by the City and these improvements were used to provide a design fee to the City initially. After our field walk with the City in June, additional driveway, sidewalk, and curb and gutter improvements were requested by the City as shown in the attached additional improvements map.

The total project construction cost now stands at approximately 2.3 million. Since then we have completed a draft design of all the improvements that resulted in additional effort beyond our existing scope of work. Therefore, we are requesting our budget be amended to the following tasks.

Amended Scope of Work
The scope of work that requires to be amended would be as follows:
3C) 60% PS&E, 3D) 90% PS&E, and 3E) Final (100%) PS&E ($52,600 with approved 307.5 hours for design and QA/QC review)
We have prepared a table and map linework that shows the additional improvements (attached and shown in the additional locations map) that were designed or will need to be further refined to provide construction documents.

Per City’s requests, an addition of two (2) driveways at 44 Carmel Ave and 60 Carmel Ave will also be included. The requested amendment reflects time for design, quality check and quality assurance, City review, and preparation of 60%, 90% and Final PS&E. At all levels of design, the PS&E will include plan view of the improvements, typical cross sections, finish grade elevations at top back of curb, summary tables of major work items, and estimated quantities on the respective plan sheets. All design elements will be per City Standards and items will be reviewed by our chief engineer to ensure the completeness of design.

Fee Estimate:

To complete Additional Civil Design Services scope of work we are requesting our budget be amended by $27,300 for Task 3C, $16,100 for Task 3D, and $9,200 for Task 3E as shown in the attached detailed fee estimate on a lump sum basis. We trust that this provides the information required at this time. If you have any questions or would like to discuss this request, please contact the undersigned at (510) 215-3620.

EXHIBIT A

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Attachment: Attachment 1_Sharp Park PDA Budget Amendment No 1 NCE Signed by NCE (5602 : Resolution - Adopt a Resolution to approve 2 | P a g e
Sincerely,
NCE
Ryan Shafer, PE, GE
Principal

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Attachment: Attachment 1_Sharp Park PDA Budget Amendment No 1 NCE Signed by NCE (5602 : Resolution - Adopt a Resolution to approve Task Description Principal
Project
Manager
Senior
Engineer
Project
Engineer
Staff
Engineer
Construction
Inspector Clerical
Total
Labor
Hours
Labor
Expenses
Topographic
Surveying
Reimbursable
Expenses Total Cost
Rate $310 $245 $205 $180 $155 $140 $105

1. Project Management & Meetings
1A. Project Kick-off and Progress Meetings $ - $ -
Sub-Total 0 0 0 0 0 0 0 $ - $ - $ - $ -

2. Pavement Design
2A. Pavement and C&G Condition Survey $ - $ -
2C. Pavement Design Recommendation $ - $ -
Sub-Total 0 0 0 0 0 0 0 $ - $ - $ - $ -

3. Plans, Specifications & Estimates (PS&E)
3A. Design Data Gathering $ - $ -
3B. Topographic Surveying $ - $ -
3C. 60% PS&E 4 8 24 124 160 $ 27,340 $ 27,300
3D. 90% PS&E 1.5 6 16 70 93.5 $ 16,065 $ 16,100
3E. Final (100%) PS&E 4 10 40 54 $ 9,230 $ 9,200
Sub-Total 5.5 18 50 0 234 0 0 307.5 $ 52,635 $ - $ - $ 52,600

4. E-76 for Construction
4A. Environmental (NEPA) Clearance and Field Review $ - $ - 4B. Right-of-Way Certification $ - $ -
4C. Request for Authorization to Proceed with Construction $ - $ - Sub-Total 0 0 0 0 0 0 0 $ - $ - $ - $ -
Total 5.5 18 50 0 234 0 0 307.5 $ 52,635 $ - $ - $ 52,600 City of Pacifica
Sharp Park PDA Pedestrian Improvement Project - Additional Civil Design Services Budget Amendment No. 1
Revised February 21, 2024
Labor Hours

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Attachment: Attachment 1_Sharp Park PDA Budget Amendment No 1 NCE Signed by NCE (5602 : Resolution - Adopt a Resolution to approve CITY OF PACIFICA PEDESTRIAN IMPROVEMENT PROJECT TITLE SHEET SHARP PARK PDA 1 6 PALOMA AVENUE CITY OF PACIFICA SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT DEPARTMENT OF PUBLIC WORKS LOCATION MAP ENGINEERING DIVISION CARMEL AVENUE SANTA MARIA AVENUE GENERAL NOTES INDEX OF DRAWINGS SCOPE OF WORK LEGEND & ABBREVIATION 4.a Packet Pg. 52
Attachment: Attachment 1_Sharp Park PDA Budget Amendment No 1 NCE Signed by NCE (5602 : Resolution - Adopt a Resolution to approve Amendments to City Agreements for various contr) CITY OF PACIFICA PEDESTRIAN IMPROVEMENT PPOJECT PALOMA AVE. SITE PLAN SHARP PARK PDA 2 6 4.a Packet Pg. 53
Attachment: Attachment 1_Sharp Park PDA Budget Amendment No 1 NCE Signed by NCE (5602 : Resolution - Adopt a Resolution to approve Amendments to City Agreements for various contr) CITY OF PACIFICA PEDESTRIAN IMPROVEMENT PROJECT CARMEL AVE. SITE PLAN SHARP PARK PDA 3 6 4.a Packet Pg. 54
Attachment: Attachment 1_Sharp Park PDA Budget Amendment No 1 NCE Signed by NCE (5602 : Resolution - Adopt a Resolution to approve Amendments to City Agreements for various contr) CITY OF PACIFICA PEDESTRIAN IMPROVEMENT PROJECT SANTA MARIA AVE. SITE PLAN SHARP PARK PDA 4 6 4.a Packet Pg. 55
Attachment: Attachment 1_Sharp Park PDA Budget Amendment No 1 NCE Signed by NCE (5602 : Resolution - Adopt a Resolution to approve Amendments to City Agreements for various contr)

CONSTRUCTION SERVICES AGREEMENT
AMENDMENT NO. 2
This AMENDMENT NUMBER 2 is entered into as of the 25th day of March, 2023, by and between the CITY OF PACIFICA, herein called the “City,” and CHESTERWERKS, herein called the “Consultant.”

RECITALS
A. City desired to obtain Project/Construction Management Services in connection with the design and construction of the Civic Center Campus Facilities Project, and for that purpose entered into an agreement with Consultant dated February 10, 2022 (“Original Agreement”).

B. Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in this Amendment NO. 2.

C. City desires to authorize Consultant to provide the additional services described in this Amendment NO. 2. AGREEMENT

1. Scope of Services. The services to be provided are as outlined in the proposed Amendment NO.2 provided to City by Consultant, dated March 15, 2023, and attached hereto as Exhibit A “Scope of Amendment NO. 2” and incorporated by reference (“Additional Work”). Consultant shall perform such Additional Work as requested by City through its staff from time to time.

2. Time of Performance. The services of Consultant are to commence upon direction to proceed from City staff and shall be undertaken and completed by July 30, 2024 for the City to comply with requirements imposed upon by the City.

3. Compensation and Method of Payment.

However, in no event shall the amount of Consultant’s compensation for the Additional Work exceed an additional forty thousand dollars ($40,000). The total combined compensation for the Original Agreement, Amendment NO. 1 and this Amendment NO. 2 shall not exceed one-hundred seventy-five thousand nine hundred sixty dollars ($175,960). Payment by City under the Original Agreement, as amended, or Amendment NO. 1 shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. The 5% retention does not apply to Consultant’s compensation.

B. Method of Payment.
i. Monthly Statements. As a condition precedent to any payment to Consultant under the Original Agreement, as amended, Consultant shall submit monthly to ATTACHMENT 2

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Attachment: Attachment 2_Agreement-Amendment 2_Chesterwerks_20240325 - signed (5602 : Resolution - Adopt a Resolution to approve the City a statement of account that clearly sets forth the designated items of work for which the billing is submitted. Each statement of account shall also include a detailed record of the month's actual reimbursable expenditures. ii. Timing of Payment. City shall review and approve Consultant's monthly statement and pay Consultant for services rendered hereunder if acceptable to the satisfaction of the City at the rates and in the amounts provided hereunder on a monthly basis in accordance with the approved monthly statements.

C. Changes in Compensation. Consultant shall not undertake any work on the Additional Work that will incur costs in excess of the amount of forty thousand dollars ($40,000) or any work under the Original Agreement, as amended by this Amendment NO. 2, or Amendment NO. 1 in excess of the amount of one- hundred seventy-five thousand nine hundred sixty dollars ($175,960) without further written amendment to the Original Agreement.

4. Agreement in Effect. All other provisions of the Original Agreement, as amended, shall remain in full force and effect.

IN WITNESS WHEREOF, the City and Consultant have executed this Amendment NO. 2 as of the date first written above.

CITY OF PACIFICA CONSULTANT

CHESTERWERKS
By: ________________________ By: _____________________
Kevin Woodhouse Brett Stollenwerk
City Manager President
ATTEST:

By: __________________________
Sarah Coffey
City Clerk
APPROVED AS TO FORM:

By: ______________________
Michelle M. Kenyon
City Attorney

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Attachment: Attachment 2_Agreement-Amendment 2_Chesterwerks_20240325 - signed (5602 : Resolution - Adopt a Resolution to approve Amendments to City Agreements for various

EXHIBIT A
SCOPE OF AMENDMENT NO. 2

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Attachment: Attachment 2_Agreement-Amendment 2_Chesterwerks_20240325 - signed (5602 : Resolution - Adopt a Resolution to approve Chesterwerks Project Management

PROPOSAL
Provide project Management
Center as follows.

Manage all furniture placement in P&E and City Hall
Manage Security and excess system placement for City Hall and P&E building
Not exceed $40,000 unless approved by City.

Thank you
March 15th 2024

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Attachment: Attachment 2_Agreement-Amendment 2_Chesterwerks_20240325 - signed (5602 : Resolution - Adopt a Resolution to approve

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Attachment: Attachment 2_Agreement-Amendment 2_Chesterwerks_20240325 - signed (5602 : Resolution - Adopt a Resolution to approve Consultant Services Agreement
NCE
Amendment No.1 Page 1
OAK #4817-6120-9406 v3

CONSULTANT SERVICES AGREEMENT
AMENDMENT NO. 2 TO TASK ORDER NO.2
This AMENDMENT NUMBER 2 is entered into as of the 19th day of March 2024, by and between the CITY OF PACIFICA, herein called the “City,” and NCE, herein called the
“Consultant.”

RECITALS
A. City desired to obtain On-Call Certified Arborist Services to effectively administer the new tree preservation ordinance and for that purpose entered into an agreement with Consultant dated July 26th, 2023 ("Master Agreement with Task Order No.2), by which City hired Consultant to perform tree review services.

B. Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in this Amendment No.2.

C. City desires to authorize Consultant to modify the services described in this Amendment No. 2 of the subject project per the attached scope.

AGREEMENT
A. Amendment. The Parties agree that Task Order No. 2 shall be amended as set forth below.

1. Section 2 “Scope of Services”. All scope of services remain unchanged with the addition of work in attached hereto as Exhibit A shall be incorporated by reference (“Modified Work”).

2. Section 3 “Compensation and Payment”.

A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules set forth in this Amendment No.2. The total combined compensation for the Original Agreement Task Order No. 2, Amendment No.1 and this Amendment No.2 shall be changed to One Hundred Five Thousand, Five Hundred dollars ($105,500.00).

3. Agreement in Effect. All other provisions of Task Order No. 2 as amended, shall remain in full force and effect.

IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No.2 as of the date first written above.

ATTACHMENT 3

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Attachment: Attachment 3_ Tree Arborist Amendment 2 NCE On-Call Tree Services Signed NCE (5602 : Resolution - Adopt a Resolution to Consultant Services Agreement
NCE
Amendment No.1 Page 2
OAK #4817-6120-9406 v3

CITY OF PACIFICA CONSULTANT
NCE
By: By:

Kevin Woodhouse J. Ryan Shafer
City Manager Principal
ATTEST:

By: __________________
Sarah Coffey
City Clerk
APPROVED AS TO FORM:

By:

Michelle M. Kenyon
City Attorney

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Attachment: Attachment 3_ Tree Arborist Amendment 2 NCE On-Call Tree Services Signed NCE (5602 : Resolution - Adopt a Resolution to Consultant Services Agreement
NCE
Amendment No.1 Page 3
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EXHIBIT A
SCOPE& COMPENSATION OF AMENDMENT NO. 2

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Attachment: Attachment 3_ Tree Arborist Amendment 2 NCE On-Call Tree Services Signed NCE (5602 : Resolution - Adopt a Resolution to Oakland, CA
5253 College Ave, Suite B
Oakland, CA 94618
(510) 250-9189
March 18, 2024
Roland Yip
Engineering Division
City of Pacifica
151 Milagra Drive
Pacifica, CA 94044
Proposal – Tree Preservation Ordinance Implementation Assistance- Budget Amendment #3 Dear Mr. Yip:

Per your email, please find following a request for a budget amendment of $10,500.00 to NCE’s current agreement to provide assistance with the interpretation and enforcement of the City’s Tree Preservation Ordinance, Chapter 12 of the Municipal Code.

This budget amendment includes services NCE providing during the transition of the phase of the project from NCE to Dudek.

Specific tasks that were provided include1) Meetings with Dudek and the City to review the application process and pending applications 2) On going review, response to and approval of tree permit applications 3) Correspondence with City staff
4) Transmittal of correspondence with applicants
The terms of this Budget Amendment will be under NCE’s existing Master Agreement for Civil Engineering. As a principal with NCE, Matthew Gaber is authorized to sign contracts on behalf of NCE and will be the point of contact for this proposal. He can be reached via phone at (510) 250-9189 or via email at [email protected] or via mail at NCE 5253 College Avenue, Oakland CA 94618. This proposal is valid for 120 calendar days from the date of its submittal. NCE looks forward to your favorable review of our proposal and the opportunity to continue our work with the City.

Sincerely,
Matthew S. Gaber RLA

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CONSULTANT SERVICES AGREEMENT
AMENDMENT No. 2 to TASK ORDER No. 1
This AMENDMENT NUMBER 2 to Task Order No. 1 is entered into as of the 15th day of February 2024, by and between the CITY OF PACIFICA, herein called the “City,” and NCE, herein called the “Consultant.”

RECITALS
A. City desired to obtain professional landscape architecture services for the Priority Parks Project (“Project”), and for that purpose entered into a Master Agreement with Consultant dated January 24, 2022 (“Original Agreement”), by which City hired Consultant to provide landscape architectural, community outreach/engagement and civil design services for the Project.

B. On January 24, 2022, the City and Consultant executed Task Order No. 1 for a total maximum compensation amount not to exceed $274,540 (“Task Order No. 1”).

C. On December 19, 2023, the City and Consultant executed Amendment No. 1 to Task Order No. 1 which increased the total maximum compensation amount not to exceed $297,955 (“Amendment No. 1”).

D. City desires to amend the Scope of Services, Compensation, and Time of Performance sections of Task Order No. 1.

E. Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in this Amendment No. 2.

F. City desires to authorize Consultant to modify the services described in this Amendment No. 2 of the subject project per the attached scope.

AGREEMENT
A. Amendment. The Parties agree that Task Order No. 1 shall be amended as set forth below.

1. Section 2 “Scope of Services”. All scope of services remain unchanged with the addition of work attached hereto as Exhibit A, which shall be incorporated herein by reference (“Modified Work”).

2. Section 3 “Compensation and Payment”.

A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules set forth in this Amendment No. 2. The total combined compensation for the Original Agreement and Task Order No. 1 shall be increased by $20,400 for a maximum not to exceed amount of three hundred eighteen thousand three hundred and fifty five dollars ($318,355.00).

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3. Section 4 “Time of Performance”. The services described in Task Order No. 1 along with the addition of work attached hereto as Exhibit A shall be completed by June 30, 2025.

4. Agreement in Effect. All other provisions of the Original Agreement and Task Order No. 1 not specifically amended herein shall remain in full force and effect. [Signatures on Next Page]
IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 2 to Task Order No. 1 as of the date first written above.

CITY OF PACIFICA CONSULTANT
NCE
By: By:

Kevin Woodhouse J. Ryan Shafer, P.E., GE
City Manager Principal
ATTEST:

By: __________________
Sarah Coffey
City Clerk
APPROVED AS TO FORM:

By:

Michelle M. Kenyon
City Attorney

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EXHIBIT A
SCOPE & COMPENSATION OF AMENDMENT NO. 2

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Attachment: Attachment 4_NCE PO_Amendment 2 to TO 1_Priority Parks NCE Signed (5602 : Resolution - Adopt a Resolution to approve Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
Mr. David Harvey February 27, 2024
Project Manager
Engineering and Field Services
151 Milagra Drive
Pacifica, CA 94044 Project No: 1004.14.55
RE: Budget Amendment No. 2
Pacifica Four Priority Parks Preparation of Planting and Irrigation Plans Dear Mr. Harvey,
This letter provides formal documentation of NCE’s discussions with the City of Pacifica (City) regarding the requested Budget Amendment No. 2 for Revisions to the Layout and Grading Plans and Details. The budget amendment reflects the following additional scope items requested by the City and NCE’s understanding of the scope of work:
1) The City has requested that NCE substitute the Rubber Play Surfacing with Fibar Play Surfacing for all of the play areas at Brighton, Imperial, Marvilla and Skyridge Parks. 2) Revise layout and grading plans and details to incorporate Fibar Play Surfacing 3) Provide alternatives for the 5-12 play structure at Brighton Park which are taller, have more play value and more visual appeal.
4) Revise the Brighton Park site plan to accommodate an alternative 2-5 play structure.

ADDITIONAL SCOPE:

The budget amendment scope will be per the following tasks that are defined in detail within Task Order #1 dated January 24th, 2022.

Task 8: 100% Construction Documents-Imperial and Skyridge Parks Task 8.1: 100% Construction Documents-Brighton and Marvilla Parks FEE ESTIMATE:

To accommodate the additional work, we are requesting our budget be amended on a time and materials basis by $20,400.00.

We trust that this provides the information required at this time. If you have any questions or would like to discuss this request, please contact the undersigned at (510) 289.9325.

Sincerely,
Matthew S. Gaber, PLA, Principal

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Approval and Acceptance of this Amendment is acknowledged by the undersigned, an Authorized Representative.

THE CITY OF PACIFICA
Signature:___________________________________________________ Date: ____________________________ Print Name: __________________________________________________

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MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 24th of April 2023 by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and NCE (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as Party and collectively as the Partie

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

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

ARTICLE 1 - SCOPE OF SERVICES

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

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

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

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

CONSULTANT agrees that the Services shall be performed consistent with the professional skill and care ordinarily provided by engineers practicing in the same or similar locality under the same or similar circumstances. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.

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

ATTACHMENT 5

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

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

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

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

ARTICLE 2 - COMPENSATION

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

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

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

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

ARTICLE 3 - TIME OF PERFORMANCE

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

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

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

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

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

ARTICLE 4 - DESIGNATED CONTACTS

4.1. CITY Contact. CITY designates Roland Yip, P.E., its Deputy Director of Public Works, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY s representative, CITY will notify CONSULTANT of the change in writing.

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

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ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense except as allowed by law pursuant to Civil Code section 2782.8. The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

To the extent that CONSULTANT, is a design professional, as that term is defined in Civil Code section 2782.8(c)(3), the Consultant shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney s and expert witness fees, awards, fines, penalties, or judgments (collectively Claims , defend, indemnify and hold harmless CITY, its officials, officers, employees and agents ( CITY Parties ) from those Claims that are caused by the negligence, recklessness, or willful misconduct of the Consultant. In no event shall the cost to defend charged to the Consultant exceed the Consultant s proportionate percentage of fault.

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

The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

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

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

A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against

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

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

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

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

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

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:

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

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Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.

It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

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

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

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

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

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Facsimile: (650) 359-6038
Email: [email protected]

If to CONSULTANT: J. Ryan Shafer, P.E., GE, Principal
501 Canal Boulevard, Suite I
Pt. Richmond, CA 94804
Phone: (510) 215-3620
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS

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

7.2. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section

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

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

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

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

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

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

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

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

7.10. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.

7.11. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT s Services hereunder are being performed solely for the benefit of CITY.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
CONSULTANT: NCE
By: Date
J. Ryan Shafer, P.E., GE, Principal
By: Date
4-18-2023

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EXHIBIT A

TASK ORDER
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EXAMPLE OF
TASK ORDER NO. 1

CITY OF PACIFICA
AND

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

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

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

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

Approved this ________ day of ________ , 20___

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CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:

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

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ATTACHMENT

SCOPE OF SERVICES

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ATTACHMENT

COMPENSATION
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Attachment: Attachment 5_Previous_Sharp Park PDA Master Agreement_NCE_20230224 [Revision 1] (5602 : Resolution - Adopt a Resolution to TASK ORDER NO. 1

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

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

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

Approved this 24th day of April 2023.

CITY OF PACIFICA
By: Date: _________________
Kevin Woodhouse, City Manager
Approved As To Form
By: Date: __________________
Michelle Marchetta Kenyon, City Attorney
CONSULTANT: NCE
By: Date: _______________________
J. Ryan Shafer, P.E., G.E. Principal
4-18-2023
4/27/2023
ATTACHMENT 6 4.f
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Attachment: Attachment 6_Previous_Sharp Park PDA Agreement_NCE_TO No. 1 [Revision 1] (5602 : Resolution - Adopt a Resolution to

SCOPE OF SERVICES

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Attachment: Attachment 6_Previous_Sharp Park PDA Agreement_NCE_TO No. 1 [Revision 1] (5602 : Resolution - Adopt a Resolution to City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
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PROJECT UNDERSTANDING AND APPROACH
NCE understands that the City of Pacifica (City) is seeking for professional services to provide engineering design and develop plans, specifications and estimate (PS&E) for Citys Sharp Park PDA Pedestrian Improvement Project. It will include the installation of new ADA compliant driveways and curb ramps, curb and gutter to improve storm water conveyance, concrete sidewalk to close existing sidewalk gaps and sidewalk widening, and bicycle striping along Paloma Avenue, Carmel Avenue and Santa Maria Avenue from Beach Boulevard to Francisco Boulevard (see project locations on the map). In addition, a surface seal treatment will be applied with remove and replace failed pavements on project sections with approximately $1.8 million construction costs. We understand that the City would like to begin design to complete construction documents for bidding in Spring 2024 and begin construction in Summer 2024.

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

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

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

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

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

4. Provide City Standard Provisions and Standard Design Criteria.

5. Provide electronic files of Citys cover sheet template, if preferred.

6. Provide Front End specifications.

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

8. Provide funding information.

Pavement Design

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

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

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

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Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
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an optional task. Assume same criteria of marking base repairs form Citys annual resurfacing and rehabilitation projects will be utilized in this project. Base repair depths will be assumed based on street functional classification, unless otherwise directed by City staff.

Topographic Surveying, Base Maps, and Right of Way

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

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

Utility Coordination and Location

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

2. NCE will prepare and distribute utility notification letters to collect facility maps and as builts, confirm utility planned work, and notify utilities of the Citys utility cut moratorium on improved streets.

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

Traffic Striping

1. Traffic striping is assumed to match existing striping.

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

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

Traffic Control Plans

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

Curb Ramps

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

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

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Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
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aside from the four locations identified in Citys preliminary improvement plan. . Further clarification on curb ramp replacement included in this scope of work is as follows:
a. Replaced/retrofitted/added curb ramps are assumed to be readily constructed with only minor grade adjustments.
b. Utility relocations (e.g. utility poles, utility boxes, and drainage inlets, for example) required to
construct curb ramps are not included in this
scope of work.
c. All ramp construction shall be within City ROW.
d. For curb ramps within hills or steepened grades,
curb ramp design shall only extend up to 15 feet in
the uphill direction, beyond which is considering
chasing the grade.

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

Curb and Gutter and Sidewalk

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

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

E 76 for Construction

1. Federal funding will be provided for this project.

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

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

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

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

6. Improvements will be constructed within the Citys ROW.

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

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

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

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

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Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
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11. City will provide and NCE will coordinate and assist the City with the following LAPM forms: Exhibit 6 A Preliminary Environmental Study (PES), Exhibit 13 B Right of Way Certification, and Exhibit 3 A Project Authorization/Adjustment Request.

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

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

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

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

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

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

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

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

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

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Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
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2A) Pavement and Curb & Gutter Condition Survey:

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

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

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

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

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

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

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

Task Deliverables: Draft & Final Pavement Design Tables.

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

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

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Scope of Work
Date: April 5, 2023
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photographs of the City; as built street improvement and infrastructure plans, Bike and Ped Master Plan, as built plans from utility providers, including any preliminary plans for future work that may conflict with this project. The gathered information will be compiled and included in the base map used for design, if any this information is missing from the topographic survey. It shall be noted that available record data (e.g., utilities, right of way) used to supplement the survey for streets in this project will only be shown in their approximate location and that the depth of utilities will not be indicated.
3B) Topographic Surveys:

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

The mapping area shall be a corridor along each of the street sections between the existing back of walk to opposite back of walk, starting and stopping at the designated cross street locations and including through the returns of the terminating streets. In the absence of an existing sidewalk, the survey will extend to 5 feet behind the curb or edge of pavement, or up to the first substantial barrier (wall, fence, etc.), whichever occurs first. Lastly, the mapping will extend 25 feet beyond the curb return up each intersecting side street. In addition to the limits above, and in reference to the City of Pacific preliminary plan mentioned above, the survey limit will extend to approximately 10 behind the back of walk in those cross hatched areas identified for driveway replacement or new sidewalk installation. The topographic data to be collected is more specifically defined as:

Cross sections at 50 intervals along with detailed surface topography and/or additional spot elevations as required defining the longitudinal slope/grade breaks. Typically, the cross section will include back of walk, top of curb, flowline and lip of gutter, a pavement elevation approx. 5 from the lip of gutter, and the pavement centerline.

Surveyed locations for significant surface features, such as curbs, gutters, sidewalks, curb or sidewalk drain outlets, driveways, misc. concrete, pavement, striping, fences, surface utilities, trees, signs, street lights and signals will be included.

Location of all surfaces evident street monumentation within the mapping corridor (for preservation and Record R/W purposes).

ADA level survey of the four curb returns/ramps identified on the preliminary plan for upgrade.

Provide a finish drafted topographic survey for each area of work, per NCE CAD drafting standards.

Provide Triangular Irregular Network (TIN) surface for each street section.

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

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

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

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Scope of Work
Date: April 5, 2023
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and schedules, thus resulting in more competitive bids, and to the City for verifying pay quantities during construction.

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

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

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

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

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

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

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

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

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

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

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Scope of Work
Date: April 5, 2023
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submitted similar to the 90% PS&E unless directed otherwise. It is assumed that the City will require a 5 day review/comment period once the final (100%) PS&E package is submitted.

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

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

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

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

Deliverables:

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

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

3. Field Review Form (Exhibit 7 B)

4. Roadway Data Sheets (Exhibit 7 C)

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

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

7. A Visual Resource Assessment Questionnaire

8. Geotracker Hazardous Waste Information

9. Equipment Staging Technical Memo

10. Water Quality Technical Memo

11. Hazardous Materials Technical Memo

12. Right of Way Information Technical Memo

13. Traffic Technical Memo

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

15. Summary Floodplain Encroachment Report

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

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If in fact easements or ROW acquisition will be necessary, NCE can provide these services for an additional scope and fee. NCE will complete the below exhibits for the City to provide to utility owners and to Caltrans to facilitate ROW Certification:

Deliverables:

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

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

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

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

Deliverables:

1. Copy of FTIP/FSTIP Project Detail Report

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

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

4. Finalized PES Form (Exhibit 6 A)

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

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

7. PS&E Checklist (Exhibit 12 D)

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

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

FEE ESTIMATE
NCE will provide the defined scope of work for a not to exceed fee of $1 , 00 and $ , 00 with optional Task in accordance with the attached schedule of charges. Further cost detail is provided in the attached fee estimate.

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SHARP PARK IMPROVEMENTS PROJECT STREET LIST

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Attachment: Attachment 6_Previous_Sharp Park PDA Agreement_NCE_TO No. 1 [Revision 1] (5602 : Resolution - Adopt a Resolution to City of Pacifica
Sharp Park Improvement Project Street List
Street ID
Section
ID
Street Name From To Ln
F
C
Length
(ft)
Widt
h
(ft)
Area
(sf)
2022
PCI
Treatment
PALOMA 2425A Paloma Avenue - 2425 PALMETTO AVE BEACH BLVD 2 R 592 30 17,760 34 Surface Seal PALOMA 2425B Paloma Avenue - 2425 PALMETTO AVE FRANCISCO BLVD 2 R 565 33 18,645 58 Surface Seal CARMEL 2110A Carmel Avenue - 2110 BEACH BLVD PALMETTO AVE 2 R 577 29 16,733 70 Surface Seal CARMEL 2110B Carmel Avenue - 2110 PALMETTO AVE FRANCISCO BLVD 2 R 518 24 12,432 15 Surface Seal SANTAM 2490A Santa Maria Avenue - 2490 PALMETTO AVE BEACH BLVD 2 R 583 29 16,907 63 Surface Seal SANTAM 2490B Santa Maria Avenue - 2490 FRANCISCO BLVD PALMETTO AVE 2 R 519 25 12,975 12 Surface Seal 1 April 2023

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COMPENSATION

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FEE ESTIMATE

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Attachment: Attachment 6_Previous_Sharp Park PDA Agreement_NCE_TO No. 1 [Revision 1] (5602 : Resolution - Adopt a Resolution to Task Description Principal
Project
Manager
Senior
Engineer
Project
Engineer
Staff
Engineer Clerical
Labor
Expenses
Topographic
Surveying
Reimbursable
Expenses Total Cost
Rate $310 $245 $205 $180 $155 $105

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

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

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

4. E-76 for Construction
4A. Environmental (NEPA) Clearance and Field Review 1 4 50 1 $ 10,170 $ 200 $ 10,400 4B. Right-of-Way Certification 1 3 32 1 $ 6,725 $ 200 $ 6,900 4C. Request for Authorization to Proceed with Construction 2 3 50 1 $ 10,210 $ 100 $ 10,300 Sub-Total 0 4 10 132 0 3 27,105 $ - $ 500 $ 27,600 $
Total 22 44 110 154 312 13 117,595 $ 28,710 $ 2,000 $ 148,300 $ . Optional Task
. As Needed Professional Services 2 8 16 16 7,490 $ - $ 7,500 $ Sub-Total 0 2 8 16 16 0 7,490 $ - $ - $ 7,500 $
Total with Optional Task 22 46 118 170 328 13 125,085 $ 28,710 $ 2,000 $ 155,800 $ City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Fee Estimate
April 5, 2023
Labor Hours

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ATTACHMENT
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Appendix A to Construction Services Agreement

SCOPE OF WORK

CHESTERWERKS PROJECT MANAGEMENT SERVICES
Hourly rate is $135 an hour and travel time when necessary. -Provide support for staff design decisions during finalization of PS&E -Conduct value engineering and constructability reviews -Outreach to contractors during pre-qualification process -Review of design consultant schedule and cost estimates -Make recommendations for design delivery

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Appendix B to Construction Services Agreement

GENERAL CONDITIONS
ARTICLE 1 TERMS OF PERFORMANCE

1.01 Construction Services Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and Owner regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall be a part of the parties’ agreement. The Agreement and other Contract Documents shall govern the Work (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and Owner, and any proposal, with respect to the Work.

1.02 Construction Performance Bond; Construction Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account. A. If Contract Sum under the Agreement exceeds (or is expected to exceed) $25,000, Contractor shall provide (i) a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix D – Construction Labor and Materials Payment Bond, and (ii) a construction performance bond in form attached hereto as Appendix E – Construction Performance Bond. Contractor may not substitute cash in lieu of the required bond(s).

B. If the Agreement specifies performance retention, Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference).

1.03 Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which Owner shall make payment within 30 days. Upon Owner’s written request, Contractor shall make available to Owner, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to Owner, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Contract Documents, and invoices, payrolls, timecards, records and all other data related to matters covered by the Contract Documents. Contractor shall furnish to Owner, its authorized agents, officers, or employees, such other evidence or information as Owner may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least 30 years.

Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from such records.

The State of California or any federal agency having an interest in the subject of the Contract Documents shall have the same rights conferred to Owner by this section. Such rights shall be specifically enforceable.

1.04 Use of Contract Documents and Other Information. Drawings, Specifications, and other Contract Documents are made available to Contractor solely for Contractor’s use under the Contract Documents. Further, all tangible and intangible property developed, produced and/or provided by Contractor under the Contract Documents, and all such items (other than Contract Documents) provided by Owner to Contractor in connection with the Contract Documents including, without limitation, drawings, specifications, sketches, models, samples, tools, computer programs, technical information, confidential business information, scripts, customer or personnel information and data, whether written, oral or otherwise (all hereinafter referred to as Information) shall be Owner’s sole property.

Contractor may not use Contract Documents or Information for any purpose unrelated to Contract Documents without Owner’s prior written consent. All copies of Information in written, graphic or other tangible form shall be delivered to Owner upon completion of Work, or earlier if otherwise provided in Contract Documents.

1.05 Performance of Work/No Assignment. Time is of the essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by Owner, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any

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property unless specifically part of the scope of the Contract Documents. Contractor shall not contract any portion of the Work or otherwise assign the Contract Documents without prior written approval of Owner. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) Contractor shall permit Owner (or its designees) access to the work area, Contractor’s shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any Owner representative, or certification by any governmental entity, shall in no way limit or relieve Contractor from its obligations under the Contract Documents. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof. Owner shall have, at all times, set-off rights with respect to any payment and Contractor’s failure to perform the terms of the Contract Documents.

1.06 Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to Owner for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so within five days of Owner’s written notice (or other time period specified in the notice), Contractor shall pay all of the Owner’s resulting claims, costs, losses and damages. Where Contractor fails to timely correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.

1.07 Earthwork and Underground Facilities. If the Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify Owner in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Public Contract Code Section 7104. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and Owner (or a registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.

ARTICLE 2 LEGAL

2.01 Compliance with Laws; Conflict of Interests. Contractor shall comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, antikick-back, collusion, prevailing wages, labor compliance, and the provisions of the Americans with Disability Act.

Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained, or will be employed or retained, to solicit or obtain any contract with Owner, upon an agreement or understanding for a contingent fee, except a bona fide employee or agency.

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2.02 Licenses, Patents, Permits. Before commencing Work, Contractor shall apply for, obtain and maintain in current status, at its own expense, any license, permit or approval required from any agency for the performance of Work.

To the greatest extent permitted by law, Contractor shall not be entitled to any compensation for any Work performed while not properly licensed, etc.

2.03 Employee Wages; Records; Apprentices. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by regulation.

Contractor shall pay prevailing wages to its employees on any Order in excess of $1,000.00. Copies of the prevailing rate of per diem wages are on file at Owner’s principal office. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed. The payroll records shall be certified and submitted as required by law, including Labor Code Section 1771.4 and 1776, including (if the Agreement is awarded on or after April 1, 2015 or continues on or after January 1, 2016) to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If Contract Sum exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.

2.04 Mandatory Contractor and Subcontractor Registration. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

2.05 Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the Owner and each of its officers, directors, representatives, agents and employees, against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor’s negligence in performing the Work pursuant to the Contract Documents. Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Contract Documents or other applicable law, shall be cumulative and not subject to limitation.

2.06 Worker’s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work.

ARTICLE 3 MISCELLANEOUS

3.01 No Modification or Waiver; Severability. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Owner and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents. Should any part of the Contract Documents be declared invalid, void or unenforceable, all remaining parts, terms and provisions of the Contract Documents shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby.

3.02 Independent Contractor. Contractor is an independent Contractor and does not act as Owner’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that Owner provides to Owner employees including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor’s provision of Work not the means, methods, or scheduling of the Contractor’s Work.

Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other taxes not specifically identified in the Contract Documents as Owner’s responsibility.

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3.03 Termination; Suspension; Disputes. Owner may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as Owner may determine in its sole discretion.

Owner will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor’s fault. Owner will compensate Contractor for extra costs resulting from such directives only to the extent that Owner issues such directives for its convenience and not due to Contractor’s fault (but Owner shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for Owner’s convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor’s failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against Owner shall be submitted in writing to Owner, and shall be governed by Public Contract Code Sections 20104 – 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein.

3.04 Notices. All notices between the parties hereto shall be in writing and may be served by commercial express/overnight courier service or by depositing the same in the United States mail, postage prepaid and certified receipt requested, and addressed as indicated beneath each party’s signature in the Master Agreement, or as either party may otherwise provide to the other.

3.05 Dispute Resolution. All Contractor claims not otherwise subject to Public Contract Code Sections 20104 et seq shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be confidential, non-binding, pursuant to the construction mediation procedures of JAMS in San Francisco, California, and utilize the services of a mediator mutually acceptable to the parties. If the parties are unable to agree, the mediator will be selected by JAMS from its panel of approved construction industry mediators, having a minimum of 10 years’ experience in the construction industry. The cost of mediation shall be equally shared by all parties to the mediation. The parties shall, prior to the commencement of a mediation pursuant to this Paragraph, upon notice of the other party, exchange relevant, non-privileged project documents in compliance with Code of Civil Procedure Sections 2031.010 et seq. Additionally, the parties may agree mutually to engage in additional discovery prior to mediation.

Should the parties proceed with additional discovery, they shall, unless mutually agreed otherwise, comply with Code of Civil Procedure Sections 2019, et. seq. The Mediator will undertake to resolve any discovery disputes relating to the Mediation.

3.06 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in San Mateo County, California. Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities other than Owner and Contractor. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Owner’s issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.

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[DRAFT FOR REVIEW AND APPROVAL BY OWNER’S RISK MANAGER] Appendix C to Construction Services Agreement

INSURANCE

1. Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than [$1,000,000] general aggregate and [$1,000,000] each occurrence, subject to a deductible of not more than [$1,000] payable by Contractor.

2. Business Automobile Liability Insurance with limits not less than [$1,000,000] each occurrence including coverage for owned, non-owned and hired vehicles, subject to a deductible of not more than [$1,000] payable by Contractor.

3. Workers’ Compensation Employers’ Liability limits not less than [$1,000,000] each accident, [$1,000,000] per disease and [$1,000,000] aggregate. Contractor’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation against the City of Pacifica, its officers, directors, officials, agents, employees and volunteers. In the event Contractor is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California.

4. [If applicable] Builder’s Risk Insurance including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the Work, excluding the cost of excavations, of grading and filling of the land. [Alternatively, if applicable] An Installation Floater including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, vandalism, malicious mischief, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of the Work. [If either Builder’s Risk or an Installation Floater is required, continue] Such insurance may be subject to deductible clauses not to exceed [$10,000] for any one loss. Such insurance will not cover loss or damage to Contractor’s equipment, scaffolding or other materials not to be consumed in the performance of the Work. The insurer shall waive all rights of subrogation against Owner.

5. Insurance policies in Appendix C shall contain an endorsement containing the following terms:

5.01 City of Pacifica, its officers, directors, officials, agents, employees, and volunteers, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and additional insured.

5.02 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

5.03 Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to Owner thirty (30) days in advance of the effective date thereof.

5.04 Insurance shall be primary insurance and no other insurance or self-insured retention carried or held by any named or additional insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named insured.

6. Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation described in clause

5.03 above.

7. All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for workers’ compensation) must have an A. M.

Best Company rating of [A-,VII] or better. Required minimum amounts of insurance may be increased should conditions of Work, in the opinion of Owner, warrant such increase. Contractor shall increase required insurance amounts upon direction by Owner.

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Appendix D to Construction Services Agreement (NOT APPLICABLE)

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, the City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to _______ as Principal a Construction Services Agreement, dated the ______ (Agreement), _____ located at _______ (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows: ____________

2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

3. NOW, THEREFORE, we, the undersigned Principal and ______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($25,651.71), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

5. This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

6. Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.

7. Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

8. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this __________ day of ____________________, 20___.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature

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Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

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Appendix E to Construction Services Agreement (NOT APPLICABLE)

CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to_______ as Principal a Construction Services Agreement, dated the _____(Agreement), titled _______in the amount of _____ (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows: __________________________

2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;

3. NOW, THEREFORE, we, the undersigned Principal and _________________________ as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.

5. No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.

6. Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:

6.01 Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or

6.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.

7. Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others. Surety may not use Contractor to complete the Agreement absent Owner’s written consent.

8. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.

9. Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.

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10. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this _________ day of ________________, 20___.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

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Appendix F to Construction Services Agreement

SUPPLEMENTAL CONDITIONS

1. Plans
No project plans for this project.

2. Shop Drawings
Shop drawings shall not be required on this project.

3. Dust Control and Cleanup
During the construction period, the dust level shall be kept at a minimum. The premises shall also be kept free from the accumulation of waste material or rubbish. Failure to meet this requirement may result in project shutdown.

The final cleaning shall leave the facilities ready for use with no additional cleanup. Use no cleaning materials which will contaminate the ocean. At the completion of the contract, the Contractor shall remove all remaining litter, debris, materials, temporary structures and equipment from the site. The premises shall be left in a clean and orderly condition acceptable to the City Engineer.

In the event Contractor leaves the job overnight in an unclean condition, City may take action to provide necessary requirements and will deduct the cost of doing so from subsequent Contractor payments.

4. Public Safety
Contractor shall be responsible during all phases of work to provide for public safety and convenience.

It shall be the Contractor’s responsibility to provide adequate provisions to assure the safety of the general public throughout the duration of the project, including periods when no work is being performed. The site shall be thoroughly fenced-off when work is not actively in progress, and lighted barricades shall be placed around any obstructions not encompassed by this fence.

In the event Contractor leaves the job overnight in an unsafe condition, or fails to provide for public safety and convenience, City may take action to provide necessary requirements and will deduct the cost of doing so from subsequent Contractor payments.

All applicable safety regulations shall be complied with to protect the public and the Contractor’s employees. Strict compliance with Cal/OSHA safety requirements in doing the work is required.

5. Prevailing Wage Rates
The Contractor shall post, in a location on the job site, the prevailing wage rate Determination which is applicable to this project.

6. Discrimination
No discrimination shall be made in the employment of persons upon public works because of the race, sex, age, color, national origin, creed, sexual orientation or marital status of such persons and every

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contractor for public works violating this section is subject to all the penalties imposed for a violation of Section 1735 of the California Labor Code.

7. Employment of Apprentices
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1967) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.

The Contractor and any subcontractor shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

8. Materials and Supplies
All materials and supplies called for by contractor’s scope and proposal and shall be new unless otherwise specified.

9. Protection
The Contractor shall provide adequate protection for the site and surroundings throughout the work. All damage done to existing property shall be neatly repaired or replaced at the Contractor’s expense.

Work shall be executed in a careful and orderly manner with the least possible disturbance to public and occupants of the area.

The Contractor shall conduct his operations in such a manner as to avoid damage to existing improvements and adjacent property. The Contractor shall, at its sole cost and expense, repair or replace any damage occurring from his operations to pursue completion of the contract. The repairs and replacement shall be to the satisfaction of the Engineer and according to City standards and practices. The minimum repair or replacement shall be equal to surrounding existing conditions or better, and the Engineer’s decision as to acceptable repair or replacement shall be final. The burden of proof as to whether there was existing damage by the Contractor shall rest with the Contractor.

The site shall be maintained in a neat and orderly manner at all times. All existing facilities shall be protected and, if they are damaged or destroyed by the Contractor, shall be restored or replaced in kind at his expense, to their original conditions, or better, as approved by the City or other owner thereof.

The site shall be secured at the conclusion of each work day.

10. Inspections
Inspectors, employed by the City, shall be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work on the project and to the preparation, fabrication or manufacture of the materials to be used. An inspector is not authorized to revoke, alter or waive any requirements of the specifications. He is authorized to call the attention of the Contractor to any failure of the work or materials to conform to the specifications and contract. He shall have the authority to reject materials or suspend the work until any question at issue can be referred to and decided by the Engineer.

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An inspector will in no case act as foreman or perform other duties for the Contractor, nor interfere with the Contractor’s management of the work.

In case the Contractor refuses to suspend operations on verbal order, the inspector giving such verbal order will then issue the order in writing. After placing the order in the hands of the person in charge of the work for the Contractor, the inspector will immediately leave the job. Work done during the absence of the inspector will not be accepted or compensated.

The Contractor shall prosecute work only in the presence of an authorized inspector or authorized representative of the Engineer, and any work done without such inspection shall be at the Contractor’s risk and be subject to rejection.

The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work, as performed, is in accordance with the requirements and intent of the specifications and contract. The Contractor shall at all times and for any purpose permit the Engineer and any of his representatives and representatives of the City to have access to the work and the premises used by the Contractor.

11. Defective Materials
Any materials condemned or rejected by the Engineer as not meeting the requirements of these specifications may be branded or otherwise marked by the Engineer and shall, on demand, be at once removed by the Contractor to a satisfactory distance from the work.

If the Contractor does not remove such material within a reasonable time, fixed by written notice, the City may remove and store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal and storage within ten days thereafter, the City may, upon ten days’ written notice, sell such materials at auction or at private sale. The City will account for the net proceeds thereof after deducting all the costs and expenses that should have been borne by the Contractor.

No partial payment, inspection, taking possession of, or other act made or done by the Engineer or the City with respect to the work prior to the final completion and acceptance thereof shall relieve Contractor from performing the Work in accordance with this contract, and shall not affect or prejudice the right of the Engineer or the City to reject any defective work or material or to require the Contractor complete fulfillment of all the provisions of the contract.

If the Engineer deems it expedient and not in the best interests of the City to correct work injured or done not in accordance with the contract, the defective work may be accepted subject to an equitable deduction from the contract price which may be made therefor by the City upon certificate from the Engineer.

12. Temporary Suspension of Work and Extension of Time for Performance When conditions at the site of the proposed work are unsatisfactory for the prosecution of a part or all of the work as adjudged by the Contractor and he is forced to suspend such work until reasonable conditions for its prosecution exist, he may request, in writing, that the Engineer authorize such suspension of work. Without the Engineer’s approval, any suspensions violate this specification.

Unsatisfactory conditions may include, but not limited to: inclement weather, excessively high surf and/or tides, strikes, excessive high or low ambient temperature and inability of delivery of materials by suppliers for good reason.

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When, in the opinion of the Engineer, suspensions of work are beyond the control of both the Contractor and the City (including, without limitation, adverse weather, conditions, earthquakes, force majeure events), the time of performance as set forth in the Agreement will be extended by the Engineer, in writing, by a period of time equal to that lost due to the delay occasioned by the allowed suspension, all at no additional cost to the City and without waiver of remedies for nonproliferation of the work. Such allowed suspension of work shall not relieve the Contractor of his contractual responsibilities.

13. Laws and Regulations
The Contractor shall comply with all local, regional, State and Federal laws and regulations at all times.

In addition, the Contractor shall meet the standards set by the Air Quality Act for Noise and Pollution.

If there is any conflict between these specifications and provisions and any laws or regulations, the matter shall be brought to the attention of the Engineer immediately.

14. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.

Each internal combustion engine, used for any purposes on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

15. Air Pollution Control
The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract, involving any air pollution control rules, regulations, ordinances and statutes specified in Section 11017 of the Government Code.

16. Water Pollution
General:

Contractor shall take all measures necessary to prevent debris or contamination from entering the ocean. Best Management Practice (BMP) shall be enforced at all times.

Correction of Inadequate Pollution and Erosion Control Measures:

If the measures being taken by the Contractor are inadequate to control water pollution effectively, the City Engineer may direct the Contractor to revise operations. The directions will be in writing and will specify the items of work for which the Contractor’s water pollution control measures are inadequate.

No further work shall be performed on those items until the water pollution control measures are made adequate.

Abatement of Other Water Pollution:

The cleanup of water pollution by chemicals, petroleum products, cement or by the escape of any other material that is harmful or potentially harmful, from the work site as a result of the Contractor’s operations, into drainage systems or the ocean shall be the financial responsibility of the Contractor.

The means of cleanup and the party or parties to be engaged to perform the cleanup work shall be determined by the Engineer in consultation with appropriate hazardous materials, pollution control,

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safety, health and wildlife authorities and officials. The Contractor shall immediately carry out cleanup orders issued to him through or by the Engineer and shall make the work site accessible to personnel and equipment from outside pollution control resources called in by the Engineer. The cost of cleanup action called for by the Engineer and performed by outside resources shall be deducted from any monies due or become due the Contractor.

Compensation:

Full compensation for conforming to the requirements of this section shall be considered as included in the Contract Sum paid for the various items of work and no additional compensation will be allowed therefor.

17. Environmental Protection Requirements
Source Reduction and Recycling
The California Integrated Waste Management Act of 1989 (AB 939) mandates that 25 percent of the waste stream in the City of Pacifica be diverted from landfill by 1995 and that this diversion increase to 50 percent by 2000. AB 939 also required the City of Pacifica to prepare and adopt a Source Reduction and Recycling Element (SRRE) outlining recommended programs to meet the above noted diversion goals. One of the approved SRRE programs is to require the utilization of recycled construction materials for City projects. All work performed under this contract and all contractors and their associates and/or employees shall utilize recycled materials and recycle construction materials where feasible. Construction/Demolition Recycling Resources Lists are available from the Pacifica Planning Department and the California Integrated Waste Management Board.

Contractor shall reuse or recycle any useful construction materials generated during the project.

Disposal
At the end of each working day, the Contractor shall collect all scrap, debris and waste material and dispose of such materials properly.

Hazardous Material/Waste Management
A. Storage
The Contractor shall label and store all hazardous materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil and antifreeze; in accordance with the City of Pacifica Hazardous Materials Storage Ordinance and all applicable State and Federal regulations.

The Contractor shall store all hazardous materials and all hazardous wastes in accordance with secondary containment regulations, and it is recommended that these materials and wastes be covered, as needed, to avoid potential management of collected rain water as a hazardous waste.

The Contractor shall keep an accurate, up-to-date inventory, including Material Safety Data Sheets (MSDSs), of hazardous materials and hazardous wastes stored on-site, to assist emergency response personnel in the event of a hazardous materials incident.

B. Disposal

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The Contractor shall use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed or poured.

The Contractor shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on site.

The Contractor shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, as described in the section above.

The Contractor shall not wash any spilled material into streets, gutters, storm drains or creeks and shall not bury spilled hazardous materials.

The Contractor shall report any hazardous materials spill to the City of Pacifica Building Division at (650) 738-7344.

The Contractor shall inspect vehicles and equipment arriving on site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made.

C. Activity-Specific Requirements
The following requirements shall be met on all projects within the City of Pacifica that include the listed activities.

Concrete, Grout and Mortar Waste Management
Material Management:

The Contractor shall store concrete, grout, and mortar away from drainage areas and ensure that these materials do not enter the storm drain system or the ocean waters.

Concrete Truck/Equipment Wash Out:

The Contractor shall not wash out concrete trucks or equipment into streets or gutters.

The Contractor shall perform washout of concrete trucks or equipment off-site or in a designated area on-site where the water will flow onto dirt or into a temporary pit in a dirt area. The Contractor shall let the water percolate into the soil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, then the Contractor shall collect the wash water and remove it off-site.

18. Layout of Work
Layout of work shall be done by the Contractor. Contractor shall mark the work area limits and facilities to be removed and replaced. All layout shall be approved by the City.

19. Substitutions

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Substitutions in material or methods of construction, when necessary because of material shortages or in order to avoid serious delay may be made only after they are approved by the City Engineer in writing.

20. Traffic Control and Public Access
The Contractor shall be responsible for proper traffic control to assure public safety and convenience.

Continuous safe public access shall be maintained to residential structures at all times.

21. Material and Workmanship
All materials and workmanship are to be the best of their respective kinds. The terms “or equal,” “approved,” “selected” and so forth shall mean as approved, etc. by the City Engineer. All materials and equipment used should be in accordance with the manufacturer’s printed directions.

Use adequate numbers of skilled workmen who are thoroughly trained and experienced in necessary crafts and who are completely familiar with the specified requirements and methods needed for proper performance of work specified. Use equipment adequate in terms of size, capacity and numbers to accomplish work in a timely manner.

22. Drug-Free Workplace
The Contractor is required to comply with the Drug-Free Workplace Act of 1988. The requirements of the Drug-Free Workplace Policy are described in City of Pacifica Administrative Policy Number 46.

23. Harassment and Discrimination
The Contractor is required to comply with City of Pacifica Administrative Policy Number 33, Harassment and Discrimination in the Workplace.

24. Payroll Records
Contractor and each Sub-Contractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him in connection with the public work. All payroll records shall be certified and maintained by the Contractor and be made available to auditors and managers from the City upon request.

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A. City desired to obtain Project/Construction Management Services in connection with the design and construction of the Civic Center Campus Facilities Project, and for that purpose entered into an agreement with Consultant dated February 10, 2022 (“Original Agreement”).

B. Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in this Amendment #1.

C. City desires to authorize Consultant to provide the additional services described in this Amendment #1.

AGREEMENT

1. Scope of Services. The services to be provided are as outlined in the proposed Amendment No.1 provided to City by Consultant, dated June 1, 2022, and attached hereto as Exhibit A “Scope of Amendment #1” and incorporated by reference (“Additional Work”). Consultant shall perform such Additional Work as requested by City through its staff from time to time.

2. Time of Performance. The services of Consultant are to commence upon direction to proceed from City staff and shall be undertaken and completed by September 30, 2022 for the City to comply with requirements imposed upon by the City.

3. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules set forth in the Original Agreement and this Amendment #1. However, in no event shall the amount of Consultant’s compensation for the Additional Work exceed an additional one-hundred twenty thousand nine hundred sixty dollars ($120,960). The total combined compensation for the Original Agreement and this Amendment #1 shall not exceed one-hundred thirty-five thousand nine hundred sixty dollars ($135,960). Payment by City under the Original Agreement, as amended, shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. The 5% retention does not apply to Consultant’s compensation.

B. Method of Payment.
i. Monthly Statements. As a condition precedent to any payment to Consultant under the Original Agreement, as amended, Consultant shall submit monthly to ATTACHMENT 8

CONSTRUCTION SERVICES AGREEMENT
AMENDMENT NO. 1
This AMENDMENT NUMBER 1 is entered into as of the 13th day of June, 2022, by and between the CITY OF PACIFICA, herein called the “City,” and CHESTERWERKS, herein called the “Consultant.”

RECITALS

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EXHIBIT A
SCOPE OF AMENDMENT #1
SCOPE OF WORK dated June 1, 2022
CHESTERWERKS PROJECT MANAGEMENT SERVICES ($15,000)
Hourly rate is $135 an hour and travel time when necessary. -Provide support for staff design decisions during finalization of PS&E -Conduct value engineering and constructability reviews -Outreach to contractors during pre-qualification process -Review of design consultant schedule and cost estimates -Make recommendations for design delivery
CHESTERWERKS CONSTRUCTION MANAGEMENT SERVICES ($120,960) Hourly rate is $135 an hour and travel time when necessary. -Provide support for staff design decisions during construction -Conduct in-field value engineering and constructability -Coordinate with contractors during the construction phase -Review of RFI, submittal, substitutions
-Make recommendations for construction delivery
-Up to 896 hours during the construction phase.

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ATTACHMENT
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Packet Pg. 140 Attachment: Attachment 9_Previous_Tree Arborist Master Agreement [Revision 1] (5602 : Resolution - Adopt a Resolution to approve SECTION 1 PURPOSE
The purpose of this Task Order is to authorize and direct NCE to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica and NCE hereto dated October 25, 2021 R A
SECTION 2 SCOPE OF WORK
Scope of Services, which is attached
hereto and incorporated by this reference.

SECTION 3 COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed Forty-Five Thousand ($45,000
SECTION 4 TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by December 31, 2023, or as extended in writing by the City Manager.

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

Approved this 20th day of January 2023.

CITY OF PACIFICA
By: ______________________________ Date
Kevin Woodhouse, City Manager
Approved As To Form:

By: ______________________________ Date
Michelle Marchetta Kenyon, City Attorney
CONSULTANT: NCE
By: ______________________________ Date
J. Ryan Shafer, Principal
1-25-2023
February 6, 2023
ATTACHMENT 10
TASK ORDER NO. 1

CITY OF PACIFICA
AND
NCE

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SCOPE OF SERVICES

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Packet Pg. 142 Attachment: Attachment 10_Previous_Tree Arborist Agreement_Task Order#1_Tree Permit - signed 2.6.23 [Revision 1] (5602 : Resolution - Oakland, CA
5253 College Ave, Suite B
Oakland, CA 94618
(510) 250-9189
January 19th, 2023
Raymund Donguines, Senior Civil Engineer
Engineering Division
City of Pacifica
151 Milagra Drive
Pacifica, CA 94044
Proposal – Tree Preservation Ordinance Implementation Assistance Dear Mr. Donguines:

Thank you for the opportunity to provide the following Scope of Work to assist the City of Pacifica with the interpretation and enforcement of the City’s Tree Preservation Ordinance, Chapter 12 of the Municipal Code that was adopted in October 2022.

Based on phone conversations with City staff and review of the Chapter 12, NCE understands that City staff is seeking a professional with experience reviewing and interpretating arborist reports, construction processes adjacent to existing trees, familiarity with the interpretation and implementation of tree preservation ordinances and is able to provide professional opinions for the protection of trees. NCE also understands that tree preservation applications will be done on-line, review will occur during the permitting process and the City has two weeks for the initial response and one week for any resubmittal response. Lastly NCE understands that tree protection will be required for all private and public trees 12” dbh or larger, typical project types include residential/commercial/public construction, utility undergrounding and tree pruning to maintain views and eliminate hazards.

Specific tasks that will be required include1) Review and interpretation of Chapter 12- Tree Preservation Ordinance 2) Site visits as necessary to review existing conditions at project sites 3) Preparation of written reports summarizing the findings of NCE’s review of the applications 4) Assistance with the determination of construction bonds and valuation of trees 5) Review of arborist reports, applications for tree removals, tree pruning/encroachment permits, tree protection and preservation plans
6) Assist with the creation of a standard checklist for applications NCE also understands that the City has allocated $45,000 The terms of this task order will be under NCE’s existing Master Agreement for Civil Engineering. As a principal with NCE, Matthew Gaber is authorized to sign contracts on behalf of NCE and will be the point of contact for this proposal. He can be reached via phone at (510) 250-9189 or via email at [email protected] or via mail at NCE 5253 College Avenue, Oakland CA 94618. This proposal is valid for 120 calendar days from the date of its submittal. NCE looks forward to your favorable review of our proposal and the opportunity to continue our work with the City.

Sincerely,
Matthew S. Gaber RLA

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COMPENSATION

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5253 College Ave, Suite B
Oakland, CA 94618
(510) 250-9189
January 19th, 2023
Raymund Donguines, Senior Civil Engineer
Engineering Division
City of Pacifica
151 Milagra Drive
Pacifica, CA 94044
Proposal – Tree Preservation Ordinance Implementation Assistance Dear Mr. Donguines:

Sincerely,
Matthew S. Gaber RLA

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MASTER AGREEMENT FOR CONSULTANT SERVICES
AMENDMENT NO. 1
This AMENDMENT NUMBER 1 is entered into as of the 31st day of January 2023 NCE hereinafter called the

RECITALS
A. WHEREAS, City and Consultant entered into a Master Agreement for Consultant Services on October 25, 2021, for civil engineering, geotechnical engineering, pavement engineering, landscape architecture, biological resources, and water resources consultant B. WHEREAS the Master Agreement identified an end of term date in Section 3.1 as December 31, 2022; and
C. WHEREAS, the Parties desire to extend that date to December 31, 2023.

AGREEMENT
A. Amendment. The Parties agree that the Master Agreement shall be amended as set forth below.

1. Section 3.1 Effective Date . This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and Consultant. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.

2. Agreement in Effect. All other provisions of the original Master Agreement, except as amended herein, shall remain in full force and effect. [Signatures on Next Page]
Consultant Services Agreement
NCE
Amendment No.1 Page 1
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ATTACHMENT 11

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Packet Pg. 147 Attachment: Attachment 11_Previous_ Tree Arborist Amendment 1 to Master Agreement [Revision 1] (5602 : Resolution - Adopt a Resolution to IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No.1 as of the date first written above.

CITY OF PACIFICA
By: ______________________________ Date
Kevin Woodhouse, City Manager
Attest:

By: ______________________________ Date
Sarah Coffey, City Clerk
Approved As To Form:

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RECITALS
Scope of Services
Compliance with Law
Time is of the Essence
Professional Competence
Independent Contractor

MASTER AGREEMENT FOR CONSULTANT SERVICES
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Ownership of Material
Documentation
Testimony
Compensation
Invoices

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Withholding
Effective Date
Termination
Final Payment
Other Remedies

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CONSULTANT Contact
Indemnification

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Insurance

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No Assignment

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Packet Pg. 156 Attachment: Attachment 12_Previous_Priority Park Project Master Agreement (5602 : Resolution - Adopt a Resolution to approve Amendments Severability
Counterparts
Choice of Law
Waiver
Mediation
Attorney’s Fees
Interpretation
Authority
Third Parties.

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CITY OF PACIFICA
CONSULTANT:

NCE
1-11-2022

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EXHIBIT A

TASK ORDER

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Packet Pg. 160 Attachment: Attachment 12_Previous_Priority Park Project Master Agreement (5602 : Resolution - Adopt a Resolution to approve Amendments

EXAMPLE OF
TASK ORDER NO. 1

CITY OF PACIFICA
AND

CONSULTANT
SECTION 1 – PURPOSE
SECTION 2 – SCOPE OF WORK
SECTION 3 – COMPENSATION AND PAYMENT
SECTION 4 – TIME OF PERFORMANCE
SECTION 5 – ITEMS AND CONDITIONS

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Packet Pg. 161 Attachment: Attachment 12_Previous_Priority Park Project Master Agreement (5602 : Resolution - Adopt a Resolution to approve Amendments

CITY OF PACIFICA

CONSULTANT
NCE

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Packet Pg. 162 Attachment: Attachment 12_Previous_Priority Park Project Master Agreement (5602 : Resolution - Adopt a Resolution to approve Amendments ATTACHMENT “A”

SCOPE OF SERVICES

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COMPENSATION

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Packet Pg. 164 Attachment: Attachment 12_Previous_Priority Park Project Master Agreement (5602 : Resolution - Adopt a Resolution to approve Amendments ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO- POLICY LOC JECT PRODUCTS - COMP/OP AGG
OTHER: $

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$
OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
5/14/2021
License # 0E67768
(858) 754-0063 50233 (619) 574-6288
13056
Nichols Consulting Engineers, CHTD
1885 S. Arlington Ave., #111
Reno, NV 89509
22829
A 1,000,000
X X PSB0003222 5/17/2021 5/17/2022 1,000,000
Cont Liab/Sev of Int 10,000
1,000,000
2,000,000
2,000,000
Deductible 0
A 1,000,000
PSA0001184 5/17/2021 5/17/2022
Comp.: $500 Coll.: $500
A 5,000,000
PSE0003030 5/17/2021 5/17/2022 5,000,000
0 A
X PSW0001955 5/17/2021 5/17/2022 1,000,000
1,000,000
1,000,000
B Professional Liab. USF00807821 5/17/2021 Per Claim 5,000,000 B Ded.: $50k Per Claim USF00807821 5/17/2021 5/17/2022 Aggregate 5,000,000 Re: All Operations
City of Pacifica, its City Council, boards, commissions, committees, officers, employees and agents are Additional Insureds with respect to General Liability per the attached endorsement as required by written contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability and Workers' Compensation.
30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions.

City of Pacifica
Engineering & Field Services
151 Milagra Drive
Pacifica, CA 94044
NICHCON-02 MCGRAWM
IOA Insurance Services
4370 La Jolla Village Drive Suite 600
San Diego, CA 92122
Erica Wilson
[email protected]
RLI Insurance Company
Interstate Fire & Casualty Company
X
5/17/2022
X
X
X
X
X
X X
X
X
X

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Packet Pg. 169 Attachment: Attachment 12_Previous_Priority Park Project Master Agreement (5602 : Resolution - Adopt a Resolution to approve Amendments TASK ORDER NO. 1

CITY OF PACIFICA
AND

CONSULTANT
SECTION 1 – PURPOSE
SECTION 2 – SCOPE OF WORK
SECTION 3 – COMPENSATION AND PAYMENT
$274,540 (Two hundred seventy-four thousand five
hundred forty dollars)
SECTION 4 – TIME OF PERFORMANCE
SECTION 5 – ITEMS AND CONDITIONS
ATTACHMENT 13

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Packet Pg. 170 Attachment: Attachment 13_ Previous_Priority Park Project Task Order No. 1 (5602 : Resolution - Adopt a Resolution to approve Amendments

CITY OF PACIFICA

CONSULTANT
NCE
1-11-2022

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Packet Pg. 171 Attachment: Attachment 13_ Previous_Priority Park Project Task Order No. 1 (5602 : Resolution - Adopt a Resolution to approve Amendments ATTACHMENT “A”

SCOPE OF SERVICES

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Packet Pg. 172 Attachment: Attachment 13_ Previous_Priority Park Project Task Order No. 1 (5602 : Resolution - Adopt a Resolution to approve Amendments P a g e | 1
SCOPE OF WORK: CITY OF PACIFICA, FOUR PRIORITY PARKS

PROJECT UNDERSTANDING
The City of Pacifica (City) intends to upgrade and renovate four parks-Marvilla, Brighton, Skyridge and Imperial.

The renovations will include replacement of non-ADA compliant play equipment, safety surfacing, pathways and ramps, replacement/addition of new site furnishings and new curb, gutter, curb ramps, and storm water infrastructure if necessary. To assist with the implementation of these improvements, the City has requested NCE provide landscape architectural, community outreach/engagement and civil design services. Based on the City’s comments on NCE’s RFP dated December 3rd, 2021, NCE understands the extent, goals, and criteria for the Park Renovation Projects (project) to include the following:

Park play structures and flatwork have deteriorated and are not code compliant. The City of Pacifica (City) plans to replace the existing play equipment and play surfacing with new play equipment, play surfacing, and flatwork that conforms to current ADA and play safety codes and responds to current park use patterns.

The Parks will be renovated per the City’s and State of California standards and regulations.

The City would like NCE to create and lead a community outreach and engagement process that gathers community input, facilitates discussion, and incorporates the community’s preferences into the design of each park.

NCE shall prepare master plans for each Park and construction documents for Imperial and Skyridge Parks.

The City has requested that NCE provided construction documents for Brighton and Marvilla Parks as optional tasks.

KEY ASSUMPTIONS
In order to deliver the most successful design process, we have made the following key assumptions:

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

1. Provide information regarding utilities (i.e., water, sanitary sewer, electrical, and storm drain), boundary, right-of-way, and property limits, easements, tree locations, site furnishings, and existing construction as available.

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

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

4. Provide City Standard Provisions and Standard Design Criteria.

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

6. Provide City review at the various stages of project delivery and completion from both Public Works and Park and Recreation Commission.

7. City’s arborist to provide recommendations for tree removals, pruning, construction protection or rooting pruning necessary to implement the Park renovations.

8. City to assist and participate in all public engagement meetings.

9. City to provide environmental clearance as needed, if required NCE can provide for additional scope and fee.

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Pavement Testing and Design

1. No pavement testing and/or design is anticipated as the Park is not anticipated to have traffic loading.

However, two bulk samples of subgrade will be obtained from shovel test pits within landscape areas for laboratory testing including plasticity index (PI) and moisture content determinations to support subgrade preparation recommendations, particularly with respect to subgrade soils that may have a tendency to yield/pump and may require stabilization measures.

Topographic Surveying, Base Map, and Right-of-Way

1. A topographic survey will be completed for each park site to establish a base map sufficient for developing contract documents. This will also include record data location of the existing right of way for the mapping corridor.

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

Utility Coordination and Location

1. Assumes no significant park renovations requiring lowering or relocation of utilities and therefore no utility coordination is included in this scope of work.

Drainage

1. The park renovations will be designed to facilitate positive drainage away from the play areas, but it may be necessary to construct a catch basin/s within the parks with a lateral connection to the street stormwater main. For the purposes of this proposal it is assumed there will not be utility relocation or conflicts.

Curb, Gutter, Curb Ramps and Sidewalks

1. New curb, gutter, curb ramp and sidewalk will be required for Skyridge Park. For the other park sites, the curb, gutter, curb ramp and sidewalk will only be replaced to the extent that they are damaged, do not conform to ADA or required to accommodate renovations.

Irrigation Design

1. This scope of work includes irrigation design, and the system will be designed to conform to the State of California’s water use regulations and building codes.

PROJECT SCOPE
Task 1: Kick-off Meeting
NCE will facilitate and lead a Kick-off Meeting with City staff, the meeting will be the initiation of the design process.

The purpose of the meeting will be to:
1) confirm the scope and limit of work for each park
2) establish goals for the renovation of each park
3) develop a schedule and milestones
4) assign roles and responsibilities
5) identify key stakeholders
6) review maintenance, safety and use requirements for each park

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Task 2: Background Research
NCE will conduct a detailed and thorough process to review relevant background information and identify additional necessary information. The process will be as follows:
1) prepare topo, utility mapping, and boundary surveys
2) review existing background information (i.e., as-builts, aerial photography, existing survey info, GIS data) if available
3) coordinate with playground equipment manufacturer to review play equipment options As part of the background research, NCE will conduct site visits to each park, key elements that will be inventoried include:
existing play structures, surfacing, and ADA access
location of existing underground and overhead utilities existing grading, drainage patterns, pedestrian circulation, site furnishings, pavements, and irrigation existing trees and vegetation for potential hazards, vitality, and maintenance needs boundaries of each park
opportunities for amenities and activities
viewsheds, privacy issues, access points, and potential personal safety concerns Deliverables: topo, utility mapping, and boundary surveys Task 3.1: Community Engagement Plan
NCE will work closely with City staff to create a Community Engagement Plan that identifies goals of the engagement process, key stakeholders, and methods of engagement. The Community Engagement Plan may include pop-up events, stakeholder/park user interviews, an on-line survey, a Zoom community meeting and/or social media postings (Twitter, Next Door). Exact methods, schedule, and goals will be developed in consultation with the City during Task 1: Kick-off meeting. Deliverables: community engagement plan Task 3.2: Community Engagement
Once the Community Engagement Plan is developed, NCE will collaborate with City staff on implementation. NCE will interview stakeholders (maximum of 4), lead pop-ups, create an on-line survey and provide content/digital media for social media postings. The City will advertise the projects, post project information on social media, participate in Community Zoom meetings and create press releases. Deliverables: memorandum summarizing community engagement process and community preferences for each park
Task 4: Conceptual Design
Based on background information gathered during Task 2 and community input during Task 3.2, NCE will prepare two conceptual designs for each park that will present options based on varying levels of improvement and modification of the existing play areas, park uses, and amenities. The first Option will include the replacement of play equipment, installation of ADA compliant play surfacing, and paths of travel from public right-of-way to play structures. The second Option will propose new locations for activities such as moving play areas closer to entry points, providing space for new recreational opportunities such as informal play, walking paths, and a range of seating elements. The concepts will be presented in plans with imagery of proposed features/activities and hand drawn visualizations.

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Deliverables: conceptual designs with two options for each park Tasks 5: Review and Approvals
NCE will present the options for each park to City staff for their initial comments and suggestions. Based on the input received from City staff, NCE will prepare a preferred alternative plan for each park which may include elements from both the conceptual alternatives. The preferred alternatives will be presented to the PB&R commission, and neighbors within 500-feet of the project site will be notified of the proposed park renovations.

NCE assumes presenting all parks at one meeting. Based the extent and types of comments received from the community and PB&R, NCE will either incorporate the comments into the plans, or resubmit plans for a second review by the PB&R.

Deliverables: preferred alternative plan for each park
Task 6: 60% Construction Documents-Imperial and Skyridge Parks The master plans for Imperial and Skyridge Parks will be revised per the comments of the PB&R Commission and City staff received during Task 4. NCE will meet with the City to review these comments, from which the 60% plans, specifications, and estimate (PS&E) will be prepared. NCE will provide a response to each comment in a table. The 60% PS&E will include additional design information and details typically expected at this stage of completion including layout, materials, grading and drainage plans, types, and extent of pedestrian pavements, play equipment, safety surfacing, site furnishings, railings, plantings, finishes, planting palette, irrigation equipment, and prototypical landscape details. Drawings will be drafted in digital format using AutoCAD and printed at 1/8” = 1’-0”. NCE will prepare and continue to refine drawings:

The technical specifications will be prepared in MS Word format, follow the City’s formatting conventions, reference the City’s standard provisions, Caltrans 2018 Standards where applicable (including subsequent updates) and will be in in Construction Specification Institute format.

The Cost Estimate will be prepared in MS Excel format and will be based on the most recent construction cost data available to NCE from recent projects of this type. This initial estimate will then be updated and refined as the design effort progresses.

It is assumed that the City will require a 15-day review/comment period once the 60% PS&E package is submitted.

Deliverables: 60% PS&E with technical specifications, Cost Estimate, and a response to comment table Optional Task 6.1: 60% Construction Documents-Brighton and Marvilla Parks The master plans for Brighton and Marvilla and Parks will be revised per the comments of the PB&R Commission and City staff received during Task 4 and NCE will provide construction documents as described in Task 6.

Deliverables: 60% PS&E with technical specifications, Cost Estimate, and a response to comment table Task 7: 90% Construction Documents-Imperial and Skyridge Parks The 60% PS&E will be revised to incorporate comments by the City. NCE will again meet with the City to review these comments, from which the 90% PS&E will be prepared. NCE will provide a response to each comment in a table. The 90% PS&E will include notes and details necessary for construction. The Cost Estimate will be updated and refined as based on changes to the design concept.

It is assumed that the City will require a 10-day review/comment period once the 90% PS&E package is submitted.

Deliverables: 90% PS&E with technical specifications, Cost Estimate, and a revised response to comment table Optional Task 7.1: 90% Construction Documents-Brighton and Marvilla Parks NCE will provide construction documents for Brighton and Marvilla Parks as described in Task 7

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Deliverables: 90% PS&E with technical specifications, Cost Estimate, and a response to comment table Task 8: 100% Construction Documents-Imperial and Skyridge Parks The 90% PS&E will be revised to incorporate final comments by the City. One reproducible copy of the 100%PS&E will then be packaged and submitted similar to the 90% PS&E unless directed otherwise. It is assumed that the City will require a 10-day review/comment period once the 100% PS&E package is submitted.

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

A final quantity calculation will be tabulated and entered into the final Cost Estimate for each park. The final documents will be reviewed, stamped, and signed by NCE’s registered landscape architect and the final PS&E will be delivered to the City in both hard copy and electronic formats.

Deliverables: One wet-signed and one electronic file of the final plans, technical specifications, and Cost Estimate.

The electronic files for the final construction plans, specifications, and engineer’s estimate will be in AutoCAD 2022, Microsoft Word, and Microsoft Excel, respectively.

Optional Task 8.1: 100% Construction Documents-Brighton and Marvilla Parks NCE will provide construction documents for Brighton and Marvilla Parks as described in Task 8.

Deliverables: One wet-signed and one electronic file of the final plans, technical specifications, and Cost Estimate.

The electronic files for the final construction plans, specifications, and engineer’s estimate will be in AutoCAD 2022, Microsoft Word, and Microsoft Excel, respectively.

Task 9: Bidding Support Services-Imperial and Skyridge Parks NCE will provide the City with assistance during the advertisement and bidding periods for each bid package. This will include attending the pre-bid conference, responding to questions, and preparation of up to one addendum and clarifications that are deemed necessary. NCE can assist the City in determining the responsiveness of bids received, checking and tabulating bid results.

Optional Task 9.1: Bidding Support Services-Brighton and Marvilla Parks NCE will provide bidding support services for Brighton and Marvilla Parks as described in Task 9 Task 10: Construction Observation Services
NCE will provide services to the City during the construction of the projects. These services will include attendance at the pre-construction conference, reviewing submittals and responding to requests for information, field verification, recommendations for necessary construction changes due to unforeseen field conditions, assisting with the review of Contract Change Orders, and reviewing construction for acceptance. This task does not provide any field inspection services and we understand that the City will provide construction inspection.

Optional Task 10.1: Construction Observation Services-Brighton and Marvilla Parks NCE will provide bidding support services for Brighton and Marvilla Parks as described in Task 10 Fees
NCE will provide the aforementioned services per the following summary1) Skyridge and Imperial Parks Tasks 1-10- $137,740.00 2) Brighton and Marvilla Parks Tasks 1-5- $75,000.00
3) Brighton and Marvilla Parks Optional Tasks 6.1, 7.1, 8.1, 9.1 and 10.1- $61,800

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COMPENSATION

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Packet Pg. 178 Attachment: Attachment 13_ Previous_Priority Park Project Task Order No. 1 (5602 : Resolution - Adopt a Resolution to approve Amendments Pacifica Four Priority Park Fee Estimate 1.10.22 NCE
Cost by Staff
Hours Rate Cost Hours Rate Cost Hours Rate Cost Hours Rate Cost Principal Landscape
Architect 96 270 $ 25,920 $ 96 270 $ 25,920 $ 50 270 $ 13,500 $ 50 270 $ 13,500 $ $ 102,600 Associate Engineer 6 215 $ 1,290 $ 6 215 $ 1,290 $ 8 215 $ 1,720 $ 8 215 $ 1,720 $ $ 6,020 Senior Landscape
Architect 88 185 $ 16,280 $ 88 185 $ 16,280 $ 58 185 $ 10,730 $ 58 185 $ 10,730 $ $ 62,900 CAD Technician 160 120 $ 19,200 $ 160 120 $ 19,200 $ 40 120 $ 4,800 $ 40 120 $ 4,800 $ $ 76,920 Subtotal 350 62,690 $ 350 62,690 $ 156 30,750 $ 156 30,750 $ $ 248,440 Reimbursables $ 6,000 6,000 $ 4,000 $ 4,000 $ 26,100 $
Grand Total $ 68,690 68,690 $ 34,750 $ 34,750 $ 274,540 $ Hours Rate Cost Hours Rate Cost
44 270 $ 11,880 $ 44 270 $ 11,880 $
$ - 215 $ 215 $ - $
24 185 $ 4,440 $ 24 185 $ 4,440 $
120 120 $ 14,400 $ 121 120 $ 14,520 $
188 30,720 $ 189 30,840 $
$ 4,050 2,050 $
$ 34,890 32,770 $
Brighton Park
Marvilla Park Optional Brighton Park Optional
Skyridge Park Imperial Park Marvilla Park

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Packet Pg. 183 Attachment: Attachment 14_ Previous_Priority Park Amendment 20231219 (5602 : Resolution - Adopt a Resolution to approve Amendments to Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
Mr. David Harvey October 13, 2023
Project Manager
Engineering and Field Services
151 Milagra Drive
Pacifica, CA 94044 Project No: 1004.14.55
RE: Budget Amendment No. 1
Pacifica Four Priority Parks Preparation of Planting and Irrigation Plans Dear Mr. Harvey,
This letter provides formal documentation of NCE’s discussions with the City of Pacifica (City) regarding the requested Budget Amendment No. 1 for the Preparation of Planting and Irrigation Plans. The budget amendment reflects the following additional scope items requested by the City and NCE’s understanding of the scope of work:
1) The City has requested that NCE prepare Planting and Irrigation Plans for each of the park sites, Brighton, Imperial, Marvilla and Skyridge.
2) Plantings will consist of a mix of trees and groundcovers with wood chip mulch. 3) Irrigation Design is required, all new planted areas will be watered by an automatic irrigation system. 4) Within Marvilla and Brighton Parks all new planting will be within the boundaries of the existing fences.

Existing trees shall be protected and existing shrubs evaluated for their suitability for preservation. 5) For all Parks the new plantings and irrigation will be located within the area as shown on the attached Limit of Work Diagrams.

ADDITIONAL SCOPE:

The budget amendment scope will be per the following tasks that are defined in detail within Task Order #1 dated January 24th, 2022.

Task 6: 60% Construction Documents-Imperial and Skyridge Parks Task 6.1: 60% Construction Documents-Brighton and Marvilla Parks Task 7: 90% Construction Documents-Imperial and Skyridge Parks Task 7.1: 90% Construction Documents-Brighton and Marvilla Parks Task 8: 100% Construction Documents-Imperial and Skyridge Parks Task 8.1: 100% Construction Documents-Brighton and Marvilla Parks Task 9: Bidding Support Services-Imperial and Skyridge Parks Task 9.1: Bidding Support Services-Brighton and Marvilla Parks Task 10: Construction Observation Services
Task 10.1: Construction Observation Services-Brighton and Marvilla Parks FEE ESTIMATE:

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To accommodate the additional work we are requesting our budget be amended on a time and materials basis by $23,415.00.

We trust that this provides the information required at this time. If you have any questions or would like to discuss this request, please contact the undersigned at (510) 289.9325.

Sincerely,
Matthew S. Gaber, PLA, Principal
Approval and Acceptance of this Amendment is acknowledged by the undersigned, an Authorized Representative.

THE CITY OF PACIFICA
Signature:___________________________________________________ Date: ____________________________ Print Name: __________________________________________________ Kevin Woodhouse, City Manager 01/24/2024

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/25/2024
1 SUBJECT:

Midyear budget review and adoption of a resolution to adjust the fiscal year 2023-24 Budget.

RECOMMENDED ACTION:

Adopt a resolution authorizing the midyear FY 2023-24 Operating and Capital Budget adjustments.

STAFF CONTACT:

Kevin Woodhouse, City Manager
650-738-7409
[email protected]
Yulia Carter, Assistant City Manager
650-738-7301
[email protected]
BACKGROUND:

The Finance staff has completed a Midyear Budget review and is proposing adjustments to the FY 2023-24 Adopted Budget.

The purpose of the midyear budget review is to analyze the year-to-date revenues and expenditures to review assumptions made before the budget cycle and make necessary adjustments to reflect changes in the City's financial conditions. The midyear budget review is also a segue to the next fiscal year's budget development process, as the midyear analysis is used to develop the base budget assumptions for the new year.

On June 26, 2023, the City Council adopted a balanced FY 2023-24 Budget that reflected the Council's Strategic Plan and priorities for the upcoming fiscal year. This FY 2023-24 Midyear Budget report will focus on the following key objectives:

1. Updating City Council on the status of revenues and expenditures within the FY 2023-24 General Fund Revised Budget and requesting a decrease to the FY 2023-24 General Fund revenue of $2.2 million or 5% (Attachment 4) and net appropriation decrease of $19,500 (Attachment 5), including all midyear adjustments and previously approved by the Council expenditures throughout the year (Attachment 5).

2. Updating City Council on the status of revenues and expenditures within the FY 2023-24 Non-General Fund Revised Budget and requesting a decrease to the FY 2023-24 nongeneral (Other) Funds Revenues totaling $97,000 or 0.2% from the Total Other Funds Adopted Budget of $44.8 million (Attachment 4). The Other Funds Expenditures adjustments total $55.3 million, an increase of $2.1 million or 4% (Attachment 4), most of which were the result of previously approved and recommended capital projects appropriations (Attachments 2-3).
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3. Updating Council on the projected fund balance for all City Funds through June 30, 2024 (Attachment 6).

The FY 2023-24 Operating and Capital Budget was adopted as a balanced budget, meaning that the City's operating expenditures did not exceed operating revenues. The FY 2023-24 Revised General Fund budget is $46.7 million in revenue, $47.3 million in total General Fund operating expenditures, and $1.3 million in capital project expenditures. The unbalanced difference between the operating revenues and expenditures of negative $593,161 will be covered by a one-time reduction of the assigned 10% General Fund emergency reserves, reducing this reserve to 8.7% this year.

Staff used the following methodology for the midyear budget analysis: the year-end estimates in operating revenues and expenditures exceeding the adopted budget by 5% and $25,000 in each revenue and expense category or cost center were considered material in nature and are being proposed for a budget adjustment.

1. Status of General Fund Revenues and Expenditures in FY 2023-24 Revised Budget FY 2023-24 General Fund Revenues
The General Fund is the City’s primary operating fund and is used to account for most day-today activities. It receives unrestricted revenues and provides the City’s general administrative services, public safety, parks, beaches and recreation, public works, and community development-related activities such as planning, building, and engineering. Revenue sources include but are not limited to property tax, sales tax, transient occupancy tax (TOT), business tax registration, and current fees and charges for services.

The revised estimates for General Fund revenues are projected to be $46.7 million or $2.2 million (5%) lower than the Adopted Budget of $48.9 million, mainly due to the revenue reduction in the Vehicle License Fees category ($1.7 million), which was not expected when the budget was adopted. The revised revenue projections also include reductions in Sales Tax (including Measure Y) that are offset by increases in TOT, Business License Tax, and Investment Income categories, based on the actual data analysis as of the quarter ending December 31, 2023.

The following table demonstrates General Fund revenues for the FY 2022-23 actuals, FY 2023- 24 adopted budget, and revised FY 2023-24 budget projections:
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FY 2023-24 General Fund Revenues Adjustments for Council Approval The following revenues are projected to reflect material changes over the FY 2023-24 Adopted Budget and recommended for budget adjustment:
• Vehicle License Fee has been a long-standing traditional source of funding through the state for local government, funding general operating fund services. It comprises approximately 11% of Pacifica’s General Fund revenue. Traditionally collected by the state from vehicle registration fees, in 2004, the state revised the VLF framework to be remitted to local government through a complex property tax swap mechanism. Now called the “in-lieu” VLF payment, this new complex VLF framework is also entangled with the state’s creation of the Educational Revenue Augmentation Fund (ERAF). The state devised ERAF to shift local property taxes from cities, counties, and special districts to meet the state’s funding obligations to certain school districts whose local property tax revenues are not sufficient to meet the minimum amount of per-student funding (as determined by another complicated calculation, called the Local Control Funding Formula). Importantly, in this 2004 compromise, the state guaranteed counties and cities that their lost VLF revenues would be covered by the “in-lieu” VLF payment.

However, over recent years, unique property tax circumstances in San Mateo County related to this VLF framework have resulted in a shortfall of revenue in the funding source the state traditionally used to cover its in-lieu VLF obligation to cities and counties. When this happened, the state began back-filling this shortfall with other state revenue sources to meet their obligation and keep the cities and counties whole. This back-filling approach creates a 2-year delay in an important revenue source for counties and cities, however at least the revenue has been received. For example, during this Fiscal Year 2023-24, Pacifica received its FY 2021-22 shortfall revenue payment of $681,567.

This back-fill payment mechanism has been a year-by-year negotiation with the state, and this year, the state has thus far taken the position that they do not expect to pay the back-fill for the FY 2022-23 shortfall amount of $1,452,355, plus the FY2023-24 shortfall amount of $2,338,803 is also at risk. As a result of the state’s take-away of this funding, a midyear reduction adjustment of $1,689,000 is needed.

Based on the state’s continuing position, it appears that the on-going future receipt of 5 Packet Pg. 198
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these revenues is in jeopardy. The San Mateo County City Managers and Finance Officers are working together on a unified response to this economic stability threat. This is an evolving matter that may have a major impact on the FY 2024-25 Budget and beyond and could dramatically impact City services. Staff will be monitoring this issue closely and plans to provide more information and a more in-depth briefing to the City Council during the budget development process for FY2024-25. • Business License Tax shows an increase of $50,000 or 8.8% to $570K, based on the actual revenue collected in the first half of this fiscal year. This increase reflects the efforts made by staff and HdL to identify businesses operating without a business license and bring them into compliance.
• Sales Tax is the City’s second-largest revenue source. Based on the current year’s activity and the most recent projections from HdL, the City’s sales tax advisor, staff is proposing a decrease of $170,000 or 5.3% in sales tax revenues from the Adopted budget of $3.4 million. Unfortunately, the local sales tax is showing decreases in all nine industry groups compared to the prior year, with the largest percentage decreases occurring in the Building & Construction and Business & Industry groups based on yearto-date revenue trends. In addition, the Measure Y ½ cent transactions and use tax revenues category projections include a decrease of $300,000 from $2.8 to $2.5 million.

There is an approximately two-months lag of when the City received sales tax revenues from the State. The calendar year’s quarter 4, as of December 31, 2023, will be available in the next few weeks for staff to review and develop reasonable assumptions for the upcoming FY 2024-25 budget.
• Transient Occupancy Tax (TOT). The revised FY 2023-24 TOT revenues are projected at $2.9 million, an additional $250,000 or 8.6% increase over the Adopted Budget. The increase is mostly attributable to recent efforts by HdL, the City’s tax consultant, to identify short-term rentals (STRs) and bring them into compliance. Approximately $1.5 million, or approximately 50% of the total TOT revenues, comes from STRs. • Other revenue category is projected to increase by $230,000 or 27.5%, mainly due to an increase in investment earnings resulting from prudent investment strategies recently initiated by the Finance Department to invest in Certificates of Deposit. • Charges for Services are projected to decrease by $564,850 or -7.0%, mainly due to an $800,000 budget decrease in Planning fees for cost-reimbursable services. There is a corresponding decrease in the cost-reimbursable expenditures, making this a net $0 change, but more in line with the anticipated cost-reimbursable activities throughout the fiscal year. The net adjustment figure of this category also includes revenue increase from the swim and day camp programs in PB&R.

FY 2023-24 General Fund Expenditures
Expenditure projections were reviewed based on three categories: personnel costs, general government program budget in contract services, and materials & supply categories as listed below.
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Previously Approved Changes to the FY 2023-24 Budget
At every Council meeting, staff brings agenda items for the Council's consideration and approval. Some of these items require amendments to the original budget. During the midyear budget review process, Finance staff incorporated all previously approved budget amendments year-to-date into the FY 2023-24 Revised Budget. These adjustments increased the General Fund appropriation by $95,000, as further described in Attachment 2. Previously approved personnel-related adjustments like approval of the new labor agreements and additional positions are included in the attachment but not being entered into the revised budget, as the FY2023-24 cost is anticipated to be covered by projected salary savings. These adjustments will be included in the FY 2024-25 Base Budget.

Staff Adjustments to Budget
During the midyear budget review process, staff makes a number of minor cleanup changes and adjustments within the department's budgets. Money is moved from various individual line items with savings to other line items within a department budget. This is done when a line item may go over its original budget amount. These changes are considered routine as they have minimal effects on the overall budget and remain within the FY 2023-24 Council-approved funding level. Again, only the year-end estimates in expenditures categories in excess of the adopted budget by 5% and $25,000 in each cost center are being proposed for a midyear budget adjustment.

FY 2023-24 General Fund Operating Expenditures Adjustments for Council Approval Salaries and Benefits and Position Control
Personnel cost projections are based on the most current payroll cost and projected for the remainder of the fiscal year after factoring in all expected personnel changes. Over the past two years, the City has been hampered by a high vacancy rate and challenges in recruiting and retaining talent. These challenges are currently widespread in the local government sector, especially in highly competitive and costly labor markets like the Bay Area. Some recruitments had to be repeated multiple times without success. Because of these trends, staff is projecting substantial salary savings in the General Fund created by ongoing high vacancy rates and, in some cases, new employees coming in at a lower salary step than the incumbents leaving due to retirements and/or promotional opportunities elsewhere.

Staff is not recommending any budget adjustments related to the salary savings as part of the midyear budget review. However, it is important to understand the City’s ongoing staffing challenges, as the projected salary savings are substantial enough to cover the impacts of the previously approved new labor agreements that were not included in the Adopted Budget but went into effect in July.
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Position Control Changes
As part of the midyear budget review, staff is requesting adjustments to the current FY 2023-24 position control. In the efforts to strengthen the organizational capacity and improve staff retention, the City Manager recommends removing limited-term position designations from previously approved positions funded over the last two years by one-time ARPA funds in order to make them permanent. Although the City has managed to successfully recruit and fill some of these limited-term positions, making these positions permanent will help retain these employees, who would otherwise likely begin looking for other opportunities.

1. HR Analyst (Administration - HR)
The limited-term ARPA-funded HR Analyst position was created in FY 2022-23. The City was able to fill this position at the entry level to provide critical support to the HR division and all city departments, assisting with ongoing recruitments, benefits administration, and labor negotiations. As the position’s term was scheduled to expire in December 2024, understandably, the incumbent was on a lookout for other opportunities and just accepted a permanent job with another public agency. Successful recruitment for this position for less than a one-year remaining term is very unlikely. However, continuing HR support of the City workforce is especially critical given the upcoming retirement of the HR Manager and ongoing implementation of the Human Resources Management System module of the ERP. Therefore, making this position permanent is critical to the success of the recruitment. There is no FY 2023-24 fiscal impact to this action as the position is already included in the salaries and benefits projections and, if approved, will continue to be funded in the FY 2024-25 Base Budget ($148,600).

2. Records Clerk (Police)
The limited-term ARPA-funded Records Clerk position was created in the FY2022-23 budget and the term ends in May, 2025. The position has recently become vacant and the City was not able to attract qualified candidates to backfill this vacancy, likely due to its limited-term. In the meantime, the current workload in the records unit is unsustainable due to recent unfunded state mandates (PRA, RIPA, CIBRS), resulting in challenges in meeting Department of Justice reporting requirements and unsustainable overtime costs for the Records Supervisor, posing an ongoing threat to staff retention.

Therefore, the City Manager recommends converting this position to a permanent Records Clerk position to ensure successful recruitment. There is no FY 2023-24 fiscal impact to this action as the position is already included in the salaries and benefits projections and, if approved, will continue to be funded in the FY 2024-25 Base Budget ($119,000).

3. Community Services Officer (Police)
The limited-term ARPA-funded CSO position was created in the FY2021-22 budget to compensate for previously cut permanent CSO position. However, this limited-term position was not filled until the following year, and was vacated since. Due to the same challenges of filling the vacancy on a reduced limited basis-term, this position remained vacant while the department continued using two part-time grant-funded CSO positions.

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prioritize emergency calls and crimes in progress ($111,800).

4. Assistant Planner (Planning)
The limited-term ARPA-funded Assistant Planner position was created in the FY2021-22 budget. The position was filled but became vacant shortly after and then was refilled again. Like other City departments, Planning is understaffed. Considering ongoing operational demands and increased workload related to major undertakings, including the Housing Element and Local Coastal Land Use Plan updates, losing this limited-term position would impact the entire department, hampering progress on the City’s strategic priorities and initiatives. Therefore, the City Manager recommends converting this position to a permanent Assistant Planner position to help with staff retention and ensure the continuity of the Planning Department’s operations. There is no FY 2023-24 fiscal impact to this action as the position is already included in the salaries and benefits projections and, if approved, will continue to be funded in the FY 2024-25 Base Budget ($127,200).

5. Restore Senior Accountant position (Finance)
The two-year limited-term Sr. Accountant classification was created and approved by the Council in the FY 2022-23 budget in preparation for the ERP implementation. Staff was not able to fill the position and, later that year, requested unfunding this classification and reallocating funds towards a consulting services agreement to proceed with the ERP implementation. The City is currently in the process of implementing a new Enterprise Resource Planning system to modernize it's financial and human resources systems, which is a major organization-wide undertaking and requires focused project management expertise to roll out over an 18-month to two-year period. Although staff is using an outside consultant for the Project Management work related to the implementation, Finance recently lost two staff members, and although their replacements are in-progress or underway, it will take time for the new staff members to get fully onboarded and trained, and it is critical that the City has adequate resources to continue the project implementation and critical daily operations, including accounts payable, receivable, and payroll in addition to bank reconciliation, quarterly closures, mandated reporting and annual year-end process and interim and final audit cycles. A Senior Accountant classification would provide the right skill set in governmental accounting to help manage these functions and possibly assist with project management and systems implementation to ensure successful ERP implementation on time and within the budget. Therefore, the City Manager recommends restoring this position on an ongoing permanent basis to ensure the success of the ERP implementation and continuity of the Finance division’s day-to-day financial operations. There is no FY 2023- 24 fiscal impact to this action as the recruitment will likely take a few months to complete, but if the incumbent is hired before the end of the fiscal year, this cost will be covered by the salary savings. If approved, the position will continue to be funded in the FY 2024-25 Base Budget ($183,000).

6. Add two “Over-hire” Police Officer positions.

In addition to converting the aforementioned limited-term positions into permanent ones, there is an urgent need within the Police Department to address the ongoing Police Officer recruitment crisis, which is resulting in unsustainable overtime burdens and costs. This situation will be further exacerbated by the expected retirements of six eligible individuals in FY2024-25. The Police Department's current staffing level is approximately 30% lower than that of similar-sized San Mateo County agencies. The existing minimum staffing requirements and mandated overtime have led to one 5 Packet Pg. 202
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resignation and two workers' compensation injuries, stemming from both mental health issues and physical injuries.

To support staff retention and prioritize the health and safety of officers, while also accommodating sick leave, vacation, comp time, court, or training, and adequately addressing current public safety issues such as traffic, substance abuse, and rising property crimes, the City Manager recommends authorizing two over-hire positions in the Police Department. If approved, this option would allow the Police Department to recruit for two additional officer positions to fill current vacancies and absences (e.g., officers on workers' compensation). Additionally, once other permanent positions become vacant (e.g., due to retirements), their replacements will be filled with already onboarded and trained over-hire positions, rather than initiating a new recruitment process at that time.

If approved, due to the timing of police recruitments, the over-hire positions will likely be brought onboard in the FY2024-25 budget, resulting in no impact on the FY2023-24 Budget. However, there will be an additional FY 2024-25 cost of $248,200 (fully burdened cost of an entry-level Police Officer is $124,100 per). This additional cost will be partially offset by the corresponding reduction in overtime).

To reiterate, there is no FY 2023-24 fiscal impact for any of these position control-related items as the cost is either already included in the FY 2023-24 Adopted Budget or will be covered by the salary savings or overtime reductions. However, restoring these positions will have an ongoing impact in the future years’ budget. Some of them are already included in the current salaries and benefits projections (e.g. HR Analyst, Assistant Planner and Records Clerk) and some are not (e.g. Sr. Accountant and two Police over-hires) If approved, the ongoing costs will be included in the FY 2024-25 Base Budget and will continue in the future years.

Contract Services
• GIS Software - An additional allocation of $36,500 in the Public Works department budget is being added as a mid-year budget adjustment to cover the cost of the GIS system citywide. The corresponding implementation work will be conducted by employing a retired annuitant at the estimated additional one-time cost of $75,000, which will be partially covered by the FY2023-24 salary savings this year, and the remaining cost will be included in the FY2024-25 Base Budget based on the implementation schedule.
• Planning Cost-reimbursable Contractual Services - is being decreased by $800,000 related to reimbursable contractual services for development projects based on the revised estimate of the projected activity level by the end of the year. There is a corresponding decrease in Planning fees for those reimbursable services, so the net effect on the General Fund is zero. At midyear, the Planning Department is projecting to not incur these reimbursable services through the end of the fiscal year.

Overall, FY 2023-24 General Fund operating expenditures are proposed to be amended by a net increase of $19,500 or less than 0.5%, which includes the above-mentioned changes and additional $95,000 of previously approved Council adjustments throughout the year (Attachment 2).

2. Status of Non-General Fund Revenues and Expenditures in FY 2023-24 Revised Budget
Non-General Funds include the following categories.
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• Enterprise Funds, including Sewer Operating and Capital and Beach Parking funds • Special Revenue and Capital Funds, including Gas Tax and Street funds, Drainage, General Capital, Housing and Park in lieu funds, PB&R Roy Davies Trust fund, Disaster Accounting and others.
• Internal Service Funds, including Motor Pool Operating and Replacement funds, Dental Benefit funds, and Risk Management (Workers' Comp and General Liability) funds. • Debt Service Fund
Non-General Fund FY 2023-24 Revenues and Transfers In
In the Adopted FY 2023-24 Budget, these revenues comprise $44.8 million or 47.8% of the City's $94.7 million total revenue budget. The non-general fund revenues are projected to decrease by a net of $97,000 or 0.2% to $44.6 million, as listed in Attachment 4.

FY 2023-24 Non-General Fund Revenues Adjustments for Council Approval The following non-General Fund revenues are projected to reflect material changes over the FY 2023-24 Adopted Budget and are recommended for budget adjustment:

Special Revenue and Capital Funds:
• Measure A (Fund 09) revenues are proposed to be decreased by $240,000. The Development Impact Fees account is proposed to decrease by $200,000 due to drop-in development fees. Although several developments may be in progress throughout the City, collection of this fee is based on applicant receiving the permit for the work. Also, the adjustment includes the removal of the Local Roadway Safety grant of $40,000 carried over in the FY2023-24 Budget in error.
• Gas Tax Maintenance Fund (Fund 10) revenues are proposed to decrease by $30,000 from $180,000 to $150,000, per a refined estimate of the Measure M revenues received from the County. Also included in the midyear budget is the $130,000 transfer in from the Disaster Account Fund (fund 38) related to replacing damaged crash cushions on Sharp Park Road. The department request form provides more details. • Highway 1 Improvement Fund (Fund 12) revenues are projected to decrease by $25,000 in the Highway 1 Improvement Fees based on analysis of actual revenues received through February 29, 2024, and projected through the remainder of the year.

This fee is tied to development around the Highway 1 area and a drop-in developments receiving permits has caused the $25,000 decrease.
• Planned Local Drainage Fund (Fund 19) The Recoveries and Settlement account revenues are reduced by $450,000. This was a previously established fund to received insurance reimbursements related to the Sierra Drive Outfall and Milagra Outfall projects, completed in the previous fiscal years and this account was inadvertently carried over into this fiscal year. No insurance reimbursements will be received this year. • General Capital Improvement Fund (Fund 22) The Transfer In of $688,000 from the undesignated General Fund balance for additional under-budgeted needs to complete the Civic Center project. The expense side of the budget increase if reflected in the next section of this report below and more details are provided in the department request form for this project.
• Park In-Lieu Capital Improvement (Fund 26) The Parkland Dedication Fees revenue account is proposed to be reduced by $120,000 based on updated projections at 5 Packet Pg. 204
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Midyear. Parkland Dedication Fees are paid when developments are approved. The fee has been reduced due to less development approvals than the prior year. • Beach Parking Fund (Fund 35) revenues are proposed to be decreased by $50,000 from $450,000 to $400,000 based on prior and current year trends and updated projections at Midyear.

Additional information on individual non-general fund revenue categories is presented in Attachment 3.

FY 2023-24 Non-General Fund FY 2023-24 Expenditures and Transfers Out Adjustments for Council Consideration
Non-General Fund FY 2023-24 Adopted expenditures comprise $53.2 million, or 52.3% of the City's $101.8 million total expenditure budget. These expenditures are proposed to be amended by the net of $2.1 million or 4%, which includes all below-mentioned adjustments and $496,300 previously approved by the City Council as listed in Attachment 2. • Sewer Charge Fund (Fund 18): An additional $306,000 appropriation is needed to fund a significant increase in the electric cost to operate the Wastewater enterprise. PG&E rates have gone up significantly, increasing the electric utility cost. Although this increase is still consistent with the user rate study assumptions, this new trend of the rising cost of utilities will continue to be monitored. • Sewer Facility Construction Fund (Fund 34): An additional $113,278 is requested for the Anza Pump Station Repair Project. The department request form in Attachment 3 provides more details.
• Gas Tax Maintenance Fund (Fund 10) $130,000 is requested for the replacement of damaged crash cushions on Sharp Park Road as mentioned above, plus $50,000 is requested for the ongoing Signal and Streetlight program to cover current electric/lighting maintenance needs. More details are provided in the department request form for both requests in Attachment 3.
• Street Improvement Fund (Fund 13) $75,000 is requested for emergency asphalt repairs as further described in the department request form in Attachment 3. • General Capital Improvement Fund (Fund 22) $688,000 is requested for the additional needs to complete the Civic Center project. Also, $52,600 is requested for the Sharp Park Priority Development Area Pedestrian Improvement Project. More details are provided in the department request form presented in Attachment 3. • Park In-Lieu Capital Improvement (Fund 26) Additional $20,400 is requested to for oncall certified arborist services for priority parks project. More details are provided in the department request form.
• Roy Davies Trust (Fund 27) Additional $40,000 is being requested for the Little League Fencing project as further described in the department request form presented in Attachment 3.
• Disaster Accounting Fund (Fund 38) An additional $130,000 budget adjustment is recorded as transfer out of the Disaster Accounting fund for funding the replacement of damaged crash cushions on Sharp Park Road, respectively. More details are provided in the department request form.
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Capital expenditures will be further reviewed by staff during the FY 2024-25 CIP Budget development process that is now being prepared by the Public Works Department.

3. Projected Fund Balance Structure
The negative impact of the midyear budget review on the General Fund includes a $2.2 million reductions in revenue that together with net of reductions in operating expenditure and additional contribution towards CIP resulted in negative $2.3 million change to the General Fund. Despite this significant reduction in General revenues, the projected structural deficit (the net operating revenue less operating expenses, excluding capital one-time transfers) is projected to be only $593,161 due to some budget surplus projected at the budget adoption.

The City Manager recommends covering this deficit with a one-time reduction of 10% emergency fund balance reserve, which will be respectively reduced to 8.7% this year with the intent to be restored back to 10% for the FY2024-25.

Adopted
2023-24
Revised
2023-24
(Midyear)
Change
(Revised vs.

Adopted)
Total Revenue 48,941,100 46,695,600 (2,245,500)
Total Operating Expenditures 47,957,261 47,288,761 (668,500) FY 2023-24 Surplus (Deficit) 983,839 (593,161) (1,577,000) FY2023-24 REVISED BUDGET (MID-YEAR)
NET GENERAL FUND FY 2023-24 PROJECTED SURPLUS (DEFICIT) The FY 2023-24 revised budget amounts have been updated from the adopted budget figures following the independent audit of FY 2022-23. Under GASB 54, this balance consists of the following components: non-spendable items or portions of fund balance that cannot be liquidated, restricted amounts for use by outside agencies, committed amounts by Council action such as emergency/contingency reserves, and assigned balances to pay off unfunded liabilities and fund infrastructure improvements.

At the midyear budget review, these restricted reserves and operating contingencies are at $9.7 million, leaving an unassigned projected balance of $8.9 million, which equates to 19% of the General Fund operating expenditures (excluding one-time and capital transfers). This is a decrease of $1.6 million or 15% from the Adopted Budget (adjusted by the beginning fund balance), primarily due to a reduction in the General Fund revenues, including VLF and Sales Tax and additional allocation towards the capital program.

However, the General Fund balance still complies with the Government Finance Officers Association of the US and Canada (GFOA) recommendation for government entities to meet the minimum unassigned reserve recommendation of at least two months of operating revenues or expenditures ($7.9 million or 16.7%). This minimum reserve recommendation is being met before considering any additional assigned reserves previously set aside by Council policy, as listed in the table below.
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A major contributing factor to the healthy unassigned fund balance is prudent fiscal management by the City Council and demonstrated financial discipline by the City Manager and all City Departments in keeping their operations within their limited budget means. This projected General Fund balance will be used as a starting point in preparation for the new FY 2024-25 Budget.

Staff will continue monitoring remaining fund balances and reevaluate strategies for future use of these funds as part of the FY2024-25. Please refer to the attached summary schedule presented in Attachment 5 for additional information on the City's Revised FY 2023-24 projected fund balances across all funds.

The City of Pacifica prides itself on an open, inclusive, and comprehensive budget process. This process traditionally takes place over the course of several months and involves several Council study sessions in which the public has been invited to participate. The City Council held a Strategic Planning workshop on March 9, 2024, which provided a critically important roadmap for the organization as it established the framework for the City's short and long-term priorities and objectives. Over the next few months, staff will translate the Council’s vision into the workplan for the upcoming year to be reflected in the City Manager’s Recommended FY 2024- 25 Budget.

ALTERNATIVE ACTION:

The City Council is being asked to adopt a resolution amending the FY 2023-24 Budget. No reasonable alternative action is identified.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

A balanced and structurally sustainable budget is consistent with all the City Council's goals.

FISCAL IMPACT:

As part of the FY 2023-24 midyear review, General Fund revenues are amended to $46.7 million, a decrease of $2.2 million or 5%, and General Fund operating expenditures are amended to $48.6 million, a net increase of $19,500 over the FY 2023-24 Adopted budget. The non-general fund revenue decrease of $97,000 or 0.2% and non-general fund appropriation 5 Packet Pg. 207
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increase of $2.1 million or 4% are also included in the midyear budget adjustments as described above and in the supporting attachments.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Attachment 2 - FY 2023-24 Previously Approved Budget Amendments (PDF) Attachment 3 - FY 2023-24 Department Mid-Year Budget Request Forms (PDF) Attachment 4 - FY 2023-24 Summary of Revenues and Transfers by Fund (PDF) Attachment 5 - FY 2023-24 Summary of Expenditures and Transfers by Fund (PDF) Attachment 6 - FY 2023-24 Fund Balance Summary by Fund (PDF) 5 Packet Pg. 208
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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA ADOPTING THE FISCAL YEAR 2023-2024 MID-YEAR BUDGET ADJUSTMENTS
WHEREAS, the City Council adopted the FY 2023-24 Operating and Capital Budget on June 26, 2023; and
WHEREAS, the Adopted FY2023-24 budget was a balanced expenditure plan that ensured the maintenance of adequate reserves; and
WHEREAS, City Staff has completed a midyear budget review to validate budget assumptions and conduct an analysis of the year-to-date revenues and expenditures; and WHEREAS, the City Council has reviewed the Mid-Year Budget analysis and requested budget adjustments; and
WHEREAS, the City of Pacifica now desires to adopt the FY 2023-24 Mid-Year adjustments to the FY 2023-24 budget.

NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES: The City Council of the City of Pacifica hereby approves the mid-year adjustments to the FY 2023-24 budget:

Section 1. The citywide revenues and appropriations are amended as follows:
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Section 2. The CIP Budget is amended to include additional appropriations for Sharp Park PDA Pedestrian Improvement, Civic Center, Priority Parks, and Anza Pump Station Repair projects as requested at the midyear budget review, and include the corresponding increase in the construction contingency for two projects:
a) Increase the Civic Center contingency by $150,000, or 1% of the construction budget, to a total contingency of $1,387,838, or 12.6%, which will increase the total project construction budget authority to $10,801,966.
b) Increase the Anza Pump contingency by $113,278, or 4% of the construction budget, to a total contingency of $806,611, or 35%, which will increase the total project construction budget authority to $3,132,611.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of March, 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 5 Packet Pg. 210
Action Item Date Department GL Account
Revenues Expenses Transfers Net
Disaster Accounting (Fund38)
330 Esplanade Soil Nail Wall 8/28/2023 PW 38.860000.52800.TBD.000 220,000 220,000 Gray Lake Construction-Manor drive storm
drainpipe 11/27/2023 PW 38.860000.52800.TBD.000 117,000 117,000 Bay Area Tree Specialists 3/11/2024 PW 38.860000.52800.0000.000 159,300 159,300 $ - $ 496,300 $ - $ 496,300
General Fund (Fund 01)
Oncall arborist services contract 10/23/2023 PW 01.700754.52800.0000.000 $95,000 95,000 New MOU contracts are estimated to cost $1.4
million ($1.2m in General Fund and $0.2m in other
funds), which is projected to be covered by salary
savings this year.
7/10/2023 &
10/9/23 Various -
New Aquatics Recreation Coordinator Position at
$115K annual cost. This year's prorated cost is
projected to be covered by the salary savings
10/23/2023 Fund 01 -
$ - $ 95,000 $ - $ 95,000
WW (Fund18)
New Operator III position at $192K annual cost.

This year's prorated cost is projected to be covered
by the salary savings
2/12/2024 PW Fund 18 0
$ - $ - $ - $ -
Total General $ - $ 95,000 $ - $ 95,000
$ - $ 496,300 $ - $ 496,300
$ - $ 591,300 $ - $ 591,300
Attachment 2
Total Non-General:

Total All Funds:

City of Pacifica
FY 2023-24 Mid-Year Budget
City Council Previously Approved Budget Amendments
Fiscal Impact
Total Disaster Accounting Fund
Total General Fund
Total WW Fund

5.a
Packet Pg. 211 Attachment: Attachment 2 - FY 2023-24 Previously Approved Budget Amendments [Revision 1] (5606 :

CITY OF PACIFICA FY 2023-24 BUDGET

MID-YEAR EXPENSE AMENDMENT
PROGRAM: 01.700723.52325.0000.000
REQUEST TITLE: GIS Implementation
Is this a Capital Project? Yes ☐ / No☒ If Yes, is this New ☐ or Previously Approved CIP☐? Is this One-Time ☒ or Ongoing ☒?
Request Summary
The city has been working for several years to install and start a GIS system citywide and this proposal is to kick-start this process. Installation of GIS is critical for many functions throughout the city including public works, planning and police. The cost would be one-time $75k to hire a retired annuitant to “champion” the GIS installation/rollout, and ongoing license fee cost with professional support services of $36.5k for ESRI.

Factors Driving the Request for Change
The city is long overdue to install GIS. Not having GIS makes departments less efficient and less user friendly for the public. This has been put off for many years but the city currently has an opportunity to hire someone who can help champion the installation and rollout of the software.

Impact of Change
The City would move toward installation of GIS which is critical to advance the city and departments.

GIS can be used in numeous ways to message information to the Council and the public and to assist departments in efficiency and tracking needed work tasks. There will be an impact to the GF with this ask. The community will receive the benefits of GIS through better visual messaging by city departments.

Alternatives
To not install GIS.

Cost Summary
The retired annuitant cost will be $75k and the cost of the software $36.5k. GIS installation currently has no budget, it is a new item. This would come from General Fund. For FY 2023-24, the $75k cost will be covered by salary savings but will continue in FY 2024-25 and forward.

Line Item Description Fund GL Code Total Amount
Operating Expense (list detail on lines below) 0
Capital Outlay (list detail on lines below) 36,500
Retired Annutant Help GF 0
ESRI First Year - 01.700723.52325.0000.000 GF 36,500
Total Operating Costs 36,500
Offsetting Costs Savings or Revenues (Enter as a negative number. If there are none, leave this row blank in the table.) Net Operating Costs 36,500

5.b
Packet Pg. 212 Attachment: Attachment 3 - FY 2023-24 Department Mid-Year Budget Request Forms (5606 : FY2023-24 Midyear Budget Review) CITY OF PACIFICA FY 2023-24 BUDGET

MID-YEAR EXPENSE AMENDMENT
PROGRAM: 10.700751. 5251.0000.000
REQUEST TITLE: Amend budget for replacement of damaged crash cushions on Sharp Park Road Is this a Capital Project? Yes ☐ / No☒ If Yes, is this New ☐ or Previously Approved CIP☐? Is this One-Time ☒ or Ongoing ☐?
Request Summary
The proposal is to replace the damaged crash cushions on Sharp Park Road. The crash cushions were damaged due to vehicle accidents and the replacement will achieve proper safety measures needed. The estimated costs is $130k. This will be in effect May 2024. This is a one time expenditure.

Factors Driving the Request for Change
The crash cushions are damaged and replacement of the crash cushion system is needed for safety. The replacement is an immediate need to have appropriate safety measures in place. The damages are unforeseen and safety measures are to be in place as soon as possible.

Impact of Change
The immediate impacts would be improving public and driver safety. This would be measured by improving vehicle and driver safety. This is recommended to come from Fund 38 so there would be no impact to the GF. This impacts to the community would be to have a safer driving experience on Sharp Park Road.

Alternatives
There are no alternatives, as these safety measures are needed.

Cost Summary
The cost is $130k from Fund 38 (disaster accounting fund). There are no off-setting revenues or cost savings from insurance as no vehicles were identified causing the damages.

The project will be spent in 10.700751.5251.0000.000 and transferred from Fund 38 (disaster accounting fund).

Line Item Description Fund GL Code Total Amount
Operating Expense (list detail on lines below) 130,000

10.700751. 5251.0000.000 - Street Repair 130,000

10.900000.49038.0000.000 - TRANSFER FROM DISASTER FUND

38.900000.59910.0000.000 - TRANSFER TO GAS TAX FUND
Capital Outlay (list detail on lines below) 0
Total Operating Costs 130,000
Offsetting Costs Savings or Revenues (Enter as a negative number. If there are none, leave this row blank in the table.) Net Operating Costs 130,000

5.b
Packet Pg. 213 Attachment: Attachment 3 - FY 2023-24 Department Mid-Year Budget Request Forms (5606 : FY2023-24 Midyear Budget Review) CITY OF PACIFICA FY 2023-24 BUDGET

MID-YEAR EXPENSE AMENDMENT
PROGRAM: 10.860751.52308.0000.000
REQUEST TITLE: Additional funds to Traffic Signal and Streetlight account.

Is this a Capital Project? Yes ☐ / No☒ If Yes, is this New ☐ or Previously Approved CIP☐? Is this One-Time ☐ or Ongoing ☒?
Request Summary
A request to adjust the Signal and Streetlight budget to cover current budgetary needs. We are asking for $50,000 to cover current and projected cost for the remainder of this fiscal year. Additionally, we anticipate the budget for the following fiscal year will need to be adjusted up by $50k. This will allow the city to continue to meet lighting maintenance needs. We anticipate there may be additional cost saving in fund 10 related to tree maintenance that could be used to cover this cost.

Factors Driving the Request for Change
Based on discussions with the union, staff stopped completing certain lighting work due to need for safety training. These issues are still being worked out with the union. This work is on-going and needs to happen in a timely manner. The current budget is insufficient and needs to be augmented in order to continue to maintain city streetlights.

Impact of Change
Lighting maintenance in the city would continue to occur. It would be measured through minimzed complaints due to lights being out. This funding should not impact the GF. It will impact the community if lighting is not maintained by causing safety issues around the city.

Alternatives
There are no alternative.

Cost Summary
The current budget is $26,100. As noted, Fund 10 related to tree maintenance could be used to cover this cost.

5.b
Packet Pg. 214 Attachment: Attachment 3 - FY 2023-24 Department Mid-Year Budget Request Forms (5606 : FY2023-24 Midyear Budget Review) CITY OF PACIFICA FY 2023-24 BUDGET

MID-YEAR EXPENSE AMENDMENT
PROGRAM: 13.700751.52800.0000.000
REQUEST TITLE: Emergency Asphalt Repairs
Is this a Capital Project? Yes ☐ / No☒ If Yes, is this New ☐ or Previously Approved CIP☐? Is this One-Time ☒ or Ongoing ☐?
Request Summary
We are proposing emergency pavement maintenance work on city streets to mitigate failed pavement sections that can no longer be maintained through pothole filling. The cost will be $75,000 and the work will be completed this fiscal year. This is one-time funding. Funding can be used from the Street Improvement Fund balance for this cost.

Factors Driving the Request for Change
Many city streets are in poor shape and winter weather compounds the problem with rain causing additional potholes and failed payment sections. There are a number of locations following the winter storms that are in such bad repair, city staff can no longer maintain this small sections. Leavinig the failed pavement sections is a safety issue and should be fixed this fiscal year.

Impact of Change
If the charge is approved, these failed sections of pavement will be fixed. The city will receive fewer calls for maintenance of these failed pavement areas. There is no impact to the GF. The community will have have an improved and safer driving surface.

Alternatives
There are no reasonable alternatives. This work must be completed.

Cost Summary
This is a one-time emergency repair for $75k. There is no budget for this. Balance the Street Improvement Fund can be used to cover this cost.

Line Item Description Fund GL Code Total Amount
Operating Expense (list detail on lines below) 0
Capital Outlay (list detail on lines below) 75,000
Emergency Street Repair - 13.700751.52800.0000.000 13 75,000 Total Operating Costs 75,000
Offsetting Costs Savings or Revenues (Enter as a negative number. If there are none, leave this row blank in the table.) Net Operating Costs 75,000

5.b
Packet Pg. 215 Attachment: Attachment 3 - FY 2023-24 Department Mid-Year Budget Request Forms (5606 : FY2023-24 Midyear Budget Review) CITY OF PACIFICA FY 2023-24 BUDGET

MID-YEAR EXPENSE AMENDMENT
PROGRAM: 22.900000.52800.0353.000
REQUEST TITLE: Amend budget of NCE Contract on Sharp Park PDA Pedestrian Improvement Is this a Capital Project? Yes ☒ / No ☐ If Yes, is this New ☐ or Previously Approved CIP☒? Is this One-Time ☒ or Ongoing ☐?
Request Summary
Amend budget between the City of Pacifica and NCE for design services for the Sharp Park Priority Development Area Pedestrian Improvement Project in the amount of $52,600 increasing the overall cost ceiling to an amount not to exceed $208,400.

Factors Driving the Request for Change
There were additional sidewalk, curb & gutter, curb ramps, and driveways added to the project that were not part of the original scope. The plans need to be completed so that we can go out to bid for the summer and cannot wait for the next budget cycle.

Impact of Change
The additional scope will be added to the project plans. This is a grant funded project and the additional design fees will be reimbursed by Measure M. There is no impact to the General Fund. The budget amendment will also need a Council approval of the contract amendment.

Alternatives
There is no other alternative as we need to complete the Sharp Park PAD Pedestrian Improvement Project Cost Summary
The cost will be paid out of the project budget into the NCE contract.

Line Item Description Fund GL Code Total Amount
Operating Expense (list detail on lines below) 0
Capital Outlay (list detail on lines below) 52,600
NCE Amendment 1 22.900000.52800.0353.000 22 0353 52,600 Total Operating Costs 52,600
Offsetting Costs Savings or Revenues (Enter as a negative number. If there are none, leave this row blank in the table.) Net Operating Costs 52,600

5.b
Packet Pg. 216 Attachment: Attachment 3 - FY 2023-24 Department Mid-Year Budget Request Forms (5606 : FY2023-24 Midyear Budget Review) CITY OF PACIFICA FY 2023-24 BUDGET

MID-YEAR EXPENSE AMENDMENT
PROGRAM: 22.900000.52800.0352.000
REQUEST TITLE: Civic Center IT/AV, Furniture, Alarm, Blinds, Constuction and Construction Management
Is this a Capital Project? Yes ☒ / No☐ If Yes, is this New ☐ or Previously Approved CIP ☒? Is this One-Time ☒ or Ongoing ☐?
Request Summary
The project low bid for the Civic Center project came in slightly less (-1.3% than the City project estimated budget, leaving minimal funds that prevented award of all of the additive alternate bid items, including necessary window coverings. The 4/25/2022 Council Report awarding the Civic Center project notes how the project team worked diligently to refine, value engineer and include project alternatives so the project could be awarded with the available budget. The report also states that information from the project cost estimator noted construction costs could escalate in 2022 up to 5% and following years up to 7%/year, citing the most cost effective approach would be to award the contract at the 4/25/2022 Council meeting with the available budget as delaying the project award would result higher bids. This resulted in the project being awarded with a budget of only $40,000 for FF&E (Furniture Fixture and Equipment and not including budget for the necessary alarm system, mounted A/V equipment (A/V wiring to all conference rooms is included or other needed IT components. Finally, due to unforeseen conditions and the 9 month project delay caused by the contractor’s late ordering of the electrical switch gear, additional construction contingency is needed for the W.E. Lyons contract and Chesterworks construction management contract to allow the construction to continue to move forward.

IT: Replacing end-of-lifetime, out-of warranty IT infrastructure to response modern IT requirements that City of Pacifica needs for daily tasks and additionally new Civic Center project has more conference rooms, which we need Audio/Video equipment. Estimate total cost would be $230,000 one-time purchase.

Alarm System: An alarm system is required for the new Civic Center Campus. Cost will be $88k onetime, including contingency. This standard public building system was anticipated for the project and prelimary designs and wiring infrastructure was included in the project, just not the components due to lack of funding at bid time. The three necessary components to the system include burgler alarm (motion sensors, door contacts and key pads, cameras and access (card readers into building and IT area and one-year of monitoring and maintenance (includes fire alarm too.

Furniture: The $40k FF&E budget in the Civic Center original cost is being applied to the furniture budget but is not enough for the total cost of the furniture for City Hall and P&E buildings that total $120k with contingency. All previously purchased cubicles, desks/chairs that were needed for the temporary move to the Community Center will be used either at the Community Center for staff or moved to the new Civic Center Campus into the P&E and City Hall buildings. This includes cubicles, desks, chairs, small office tables/chairs conference room tables/chairs and breakroom tables/chairs. Only additional necessary furniture is being purchased for the Civic Center Campus buildings. Excluidng the $40k provided in the original budget from the furniture cost an additional $80k will be needed one-time for the remaining furniture needs.

Blinds: Window coverings were anticipated/needed and included in the additive alternate bid but were not awarded due to limited project budget at the time. This will include binds for both the P&E and City Hall buildings. $100k is needed one-time to cover the cost of window coverings that includes contingency.

WEL Construction Contingency: The WEL construction contingency is nearly depleted. An additional $150k (one-time) is needed in the project budget for contingency to prevent the project construction from stopping or delay damages against the city.

5.b
Packet Pg. 217 Attachment: Attachment 3 - FY 2023-24 Department Mid-Year Budget Request Forms (5606 : FY2023-24 Midyear Budget Review) FY 2023-24 Mid-Year Expense Amendment Request Page 2 of 3 Chesterworks Construction Management: Additional money is needed for the project construction management by Chesterworks to allow the City to continue to receive adequate building project oversite.

The one-time cost will be $40k.

Factors Driving the Request for Change
Current IT Infrasturcture including servers, storages devices, backup systems, switches, KVM, endpoints, VoIP devices and cabling are passed their end-of-lifetime. They are out of warranty and no support from manufacturers; that’s why we need to renew the equipments. Besides moving the old equipment to new Civic Center might cause device failures and data loss, which makes this change so crucial. New Civic Center and P&E building has brand conference rooms that require new A/V setup, including TV, sound system, PTZ camera installations and cabling. In many meetings, conference room equipment is essential to success and productivity.

The total furniture cost and cost for blinds and alarm system were not included in the project award and there is a need for these items in order for the new Civic Center Campus to be used. This cannot wait until the next budget cycle as it will prevent the Civic Center from being able to be used by staff once it is complete.

The WEL additional construction contingency is needed to prevent the job from stopping or the city from being assessed delay claims for not paying legitimate change orders due to changed conditions. The Chesterworks contract needs additional funding because of the 9-month project delays caused by the contractor’s late ordering of the switch gear. It cannot wait until the next budget cycle as critical construction oversite of the buildings is required during the on-going building process.

Impact of Change
If change is approved we will have new equipment with warranty and support to enhance our IT productivity and business continuity. It’ll also give us to implement more modern systems and services for the city. New conference rooms will be capable of providing modern interactive meetings via Teams, Zoom, Webex etc.

Funding approval for the furniture, blinds and alarm system will allow the buildings to be occupied before the end of the fiscal year. Funding for additional WEL construction contingency will allow the project to continue to progress and prevent the project from stopping due to the city not paying critical change orders due to changed conditions or being assess delay claim damages. The Chesterworks contract is needed to allow for proper building construction management oversite on the project during the critical final project stage.

Alternatives
Most of the devices are beyond their EOL(end-of lifetime) that we cannot extend their warranties.

Unfortunately, we don’t have much alternatives other than replacing the equipment.

Cost Summary
Funding will be transferred from General Fund to cover these project expenditures.

5.b
Packet Pg. 218 Attachment: Attachment 3 - FY 2023-24 Department Mid-Year Budget Request Forms (5606 : FY2023-24 Midyear Budget Review) FY 2023-24 Mid-Year Expense Amendment Request Page 3 of 3 Line Item Description Fund GL Code Total Amount
Operating Expense (list detail on lines below) 0
Capital Outlay (list detail on lines below) 688,000
2 x New Server 22 352 60,000
2 x L3 + 4 x L2 Switches 22 352 65,000
Audio/Video Conference Rooms 22 352 55,000
Communication, Storage & Other Devices 22 352 50,000
Alarm System 22 352 88,000
Furniture 22 352 80,000
Window coverings 22 352 100,000
WEL construction contingency 22 352 150,000
Chesterworks Construction Management 22 352 40,000
Total Operating Costs 688,000
Offsetting Costs Savings or Revenues (Enter as a negative number. If there are none, leave this row blank in the table.) Net Operating Costs 688,000

5.b
Packet Pg. 219 Attachment: Attachment 3 - FY 2023-24 Department Mid-Year Budget Request Forms (5606 : FY2023-24 Midyear Budget Review) CITY OF PACIFICA FY 2023-24 BUDGET

MID-YEAR EXPENSE AMENDMENT
PROGRAM: 26.900000.52800.0311.000
REQUEST TITLE: Amend budget NCE Contract Priority Parks Project Is this a Capital Project? Yes ☒ / No☐ If Yes, is this New ☐ or Previously Approved CIP☒? Is this One-Time ☒ or Ongoing ☐?
Request Summary
Amend budget between the City of Pacifica and NCE for design services for the On-Call Certified Arborist Services in the amount of $20,400.00 increasing the overall cost ceiling to an amount not to exceed $322,394. This will allow the city to pay for the previous on-call services used.

Factors Driving the Request for Change
There were additional changings of surface areas, layouts, alternative designs, and revision to the project that were not part of the original scope. The plans need to be completed so that we can go out to bid for the summer and cannot wait for the next budget cycle.

Impact of Change
Plans will be revised with the scope changes. There is no impact to the General Fund. The budget amendment will also need a Council approval of the contract amendment.

Alternatives
There’s no reasonable alternative. NCE needed to perform this work to transition the work to Dudek.

Cost Summary
Line Item Description Fund GL Code Total Amount
Operating Expense (list detail on lines below) 0
Capital Outlay (list detail on lines below) $ 20,400.00 NCE Amendment 2 26.900000.52800.0311.000 26 0311 20,400.00 $ Total Operating Costs $ 20,400.00
Offsetting Costs Savings or Revenues (Enter as a negative number. If there are none, leave this row blank in the table.) Net Operating Costs $ 20,400.00

5.b
Packet Pg. 220 Attachment: Attachment 3 - FY 2023-24 Department Mid-Year Budget Request Forms (5606 : FY2023-24 Midyear Budget Review) CITY OF PACIFICA FY 2023-24 BUDGET

MID-YEAR EXPENSE AMENDMENT
PROGRAM: 27.90000.52800.6300.000
REQUEST TITLE: Fairway Park Little League Fencing
Is this a Capital Project? Yes ☐ / No☒ If Yes, is this New ☐ or Previously Approved CIP☐? Is this One-Time ☒ or Ongoing ☐?
Request Summary
Amend budget to allow for repair of the fence at the little league park at Fairway Field. The fencing in this area is damaged and needs to be replaced. The City has a contractor on site working on the backstops that can complete the work, but an additional contract is needed. Using the on-site contractor is likely to be the most cost effective option because the contractor is already mobilized to do the work for the backstops and will not require an additional mobilization charge. Completing this work will allow for the damaged infrastructure to be repaired before the league playing season. The cost will be $40,000 and the work would start immediately. This one-time expense will be from the Roy Davies Fund (Fund 27).

Factors Driving the Request for Change
This will repair damaged fencing related to the Fairway little league field. The work should occur immediately as there is currently a contractor on site who can complete the work and will likely provide a lower cost price because they are already mobilized.

Impact of Change
If the change is approved, the damaged fencing will be repaired ahead of the little league season and will likely cost the city less money because a contractor is currently mobilized on the site. The funding would come from the Roy Davies Fund. The community will be able to enjoy the ungraded fencing that functions as needed. There is no impact to the General Fund as this would come from the Roy Davies Fund.

Alternatives
The fencing repair should not wait. The contractor is currently mobilized and the fencing is in need of repair.

Cost Summary
This is a one-time maintenance cost of $40,000. The funds would come from the Roy Davies Fund.

Line Item Description Fund GL Code Total Amount
Operating Expense (list detail on lines below) 0
Capital Outlay (list detail on lines below) $ 40,000.00 Fairway Park Fencing Repair 27 $ 40,000.00
Total Operating Costs $ 40,000.00
Offsetting Costs Savings or Revenues (Enter as a negative number. If there are none, leave this row blank in the table.) Net Operating Costs $ 40,000.00

5.b
Packet Pg. 221 Attachment: Attachment 3 - FY 2023-24 Department Mid-Year Budget Request Forms (5606 : FY2023-24 Midyear Budget Review) CITY OF PACIFICA FY 2023-24 BUDGET

MID-YEAR EXPENSE AMENDMENT
PROGRAM: 34.940000.52800.C036.000
REQUEST TITLE: Anza Pump Station Repair Project Construction Budget Augmentation Is this a Capital Project? Yes ☒ / No☐ If Yes, is this New ☐ or Previously Approved CIP☒? Is this One-Time ☒ or Ongoing ☐?
Request Summary
Improvements to the instrumentation and control systems, sediment removal and modification to the engine pump cooling systems were needed for a complete pumping system at the Anza Stormwater Pump Station. These four change orders will be a one-time budget increase, costing $113,278 beyond the current project budget.

Factors Driving the Request for Change
As the Anza Stormwater project progressed, several changes to the design were observed and determined to be needed for the project to be successfully completed. This work includes:
• Proposed Change Order (PCO) 20 – The contractor removed sediment from the wet well to facilitate the installation of the engine pumps and cooling systems. The total cost of this PCO was $20,506. The City agreed to split the cost of sediment removal from the wetwell with the contractor per a September 28, 2023, letter. City Share is $10,253. • PCO 21 - The engine cooler system was designed by the contractor as a deferred submittal.

Additional components were required upon review by the City and the City’s consultants. This change was necessary for the engine pumps to function correctly. The total cost of this PCO was $17,880. The City agreed to split the cost of this change with the contractor per a September 28, 2023, letter. City share is $8,940
• PCO 29.1 - Changes to the Tesco Control Panel CP-1 and related systems due to the change in the electrical and instrumentation design when the electrical system was upgraded to effectively work with Engine Pumps 1, 3, and 4. The total cost of this PCO is $54,277. • PCO 46 - Reconfigure e-stops, install magnetic intrusion switches, beacons and alarms. Further changes to the design were identified during construction, and these changes are necessary to for functioning alarms and security systems in the Anza Stormwater Pump Station. The total cost of this PCO is $39,808.

These changes have been identified during the construction of the Anza Stormwater Pump Station.

Change orders resulting from design changes and unforeseen conditions have consumed $692,018.71 of the $697,000 project contingency as approved by City Council on February 13, 2023. It is the City’s intent to address some of the additional charges in a final closeout change order presented to City Council at the end of the project. This funding cannot wait until the next budget cycle as work on the project is ongoing, delays in paying the contractor may result in delay claims and / or the contractor stopping work on the project.

Impact of Change
The impacts of these changes will result in continued payments to the contractor and reduce the risks of claims and delays to the project. Completing the project in a timely manner will reduce risks to the community. Delays to project completion can be measured in staff time spent managing the project, and in PW Field Service staff overtime hours required to operate the pump station before automated control systems are completed.

5.b
Packet Pg. 222 Attachment: Attachment 3 - FY 2023-24 Department Mid-Year Budget Request Forms (5606 : FY2023-24 Midyear Budget Review) FY 2023-24 Mid-Year Expense Amendment Request Page 2 of 2 This change will reduce impacts to the community by reducing the risk of project delays, which will ensure that the Linda Mar neighborhood is protected from flooding.

Approval of this change is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure and Maintaining a Safe Community Alternatives
The alternative approving this budget amendment is waiting until the end of the project to approve all of the outstanding change orders. This may result in delays in the contractor paying sub-contractors and thus affect the completion of the project.

Cost Summary
This $113,278.00 change will represent a 4% increase of the Anza Pump Station Repair Project’s $ 3,132,611 approved construction budget. Some of this cost may be offset by the reduced need for overtime costs of staffing the Anza Stormwater Pump Station 24/7 during wet weather conditions.

All change order cost will be covered through the city’s insurance claim. Funds for the project should come from fund 34.

Line Item Description Fund GL Code Total Amount
Operating Expense (list detail on lines below) 0
Capital Outlay (list detail on lines below) 0
PCO 20- Added Sediment Removal from the Wetwell 34 $ 10,253.00 PCO 21- Added Valves and Vents 34 $ 8,940.00
PCO 29.1 - Tesco Control Panel 1 Changes 34 $ 54,277.00 PCO 46-Reconfigure e-stops, install magnetic intrusion switches, beacons and alarms 34 $
39,808.00
Total Operating Costs 113,278

5.b
Packet Pg. 223 Attachment: Attachment 3 - FY 2023-24 Department Mid-Year Budget Request Forms (5606 : FY2023-24 Midyear Budget Review) Fund Name FY 2022-23 Actual FY 2023-24 Original Budget Previously Approved Mid-Year Adjustments Total Mid-Year Adjustments FY 2023-24 Revised Budget % Change over Adopted 01 GENERAL FUND 50,138,992 $ 48,941,100 $ - $ (2,245,500) $ (2,245,500) $ 46,695,600 $ -5%

ENTERPRISE FUNDS
18 Sewer Charge Fund 18,735,249 19,071,000 - - - 19,071,000 - 34 Sewer Facility Construction Fund 1,806,683 3,000 - - - 3,000 - 35 Beach Parking Fund 390,767 665,000 - (50,000) (50,000) 615,000 -8% Total Enterprise Funds 20,932,699 19,739,000 - (50,000) (50,000) 19,689,000 -

SPECIAL REVENUE AND CAPITAL FUNDS
07 SLES Fund 158,565 130,000 - - - 130,000 -
09 Measure A Fund 2,088,357 1,463,000 - (240,000) (240,000) 1,223,000 -16% 10 Gas Tax Maintenance Fund* 1,906,179 2,245,900 - 100,000 100,000 2,345,900 4% 11 Measure W Fund 584,630 560,000 - - - 560,000 -
12 Highway 1 Improvement Fund 23,967 29,500 - (25,000) (25,000) 4,500 -85% 13 Street Improvement Fund 617,259 1,821,000 - - - 1,821,000 - 14 Manor Drive Improvement Fund 1,374 2,700,000 - - - 2,700,000 - 15 Aircraft Noise Project - - - - - - -
16 NPDES Stormwater Fund 184,379 203,000 - - - 203,000 - 19 Planned Local Drainage Fund 854,324 477,000 - (450,000) (450,000) 27,000 -94% 22 General Capital Improvement Fund 2,133,424 4,391,000 - 688,000 688,000 5,079,000 16% 23 Frontierland Remediation - 75,000 - - - 75,000 -
24 Housing In-Lieu Fund - 1,665,250 - - - 1,665,250 -
25 Parking In-Lieu Fund - - - - - - -
26 Park In-Lieu Capital Improvement 223,439 120,000 - (120,000) (120,000) - -100% 27 PB&R Roy Davies Trust 301,450 - - - - - -
28 PB&R Special Revenue Fund - - - - - - -
29 Tree Special Revenue Fund 1,700 - - - - - -
31 Pacifica Library Fund - 34,000 - - - 34,000 -
38 Disaster Accounting Fund 4,961,412 1,665,250 - - - 1,665,250 - Total Special Revenue & Capital Funds 14,040,459 17,579,900 - (47,000) (47,000) 17,532,900 -

INTERNAL SERVICE FUNDS
65 Self Funded Dental Plan 240,972 248,500 - - - 248,500 - 66 Self-Insurance Fund W/C 1,112,151 1,100,000 - - - 1,100,000 - 67 Self-Insurance Fund Liability 5,000 2,030,300 - - - 2,030,300 - 71 Motor Pool Operations Fund 1,216,900 1,200,000 - - - 1,200,000 - 72 Motor Pool Replacement Fund 609,310 125,000 - - - 125,000 - 74 Fire Equipment Fund 133,300 282,300 - - - 282,300 -
Total Internal Service Funds 3,317,633 4,986,100 - - - 4,986,100 -

DEBT SERVICE FUNDS
40 Debt Service Fund 3,776,003 2,499,800 - - - 2,499,800 - Total Debt Service Funds 3,776,003 2,499,800 - - - 2,499,800 - Total Other Funds (non-General Fund) 42,066,794 44,804,800 - (97,000) (97,000) 44,707,800 -0.2% Total All Funds 92,205,786 $ 93,745,900 $ - $ (2,342,500) $ (2,342,500) $ 91,403,400 $ -2% Attachment 4
City of Pacifica
FY2023-24 Mid-Year Budget
Summary of Revenue & Transfers by Fund

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Attachment: Attachment 4 - FY 2023-24 Summary of Revenues and Transfers by Fund (5606 : FY2023-24 Fund Name FY 2022-23 Actual FY 2023-24 Original Budget Previously Approved Mid-Year Adjustments Total Mid-Year Adjustments FY 2023-24 Revised Budget % Change over Adopted 01 GENERAL FUND 45,883,746 $ 48,607,261 $ 95,000 $ (75,500) $ 19,500 $ 48,626,761 $ -

ENTERPRISE FUNDS
18 Sewer Charge Fund 14,207,159 17,116,168 - 306,000 306,000 17,422,168 2% 34 Sewer Facility Construction Fund 6,554,259 10,488,000 - 113,278 113,278 10,601,278 1% 35 Beach Parking Fund 498,250 462,064 - - - 462,064 -
Total Enterprise Funds 21,259,668 28,066,232 - 419,278 419,278 28,485,510 1%

SPECIAL REVENUE AND CAPITAL FUNDS
07 SLES Fund 73,832 128,300 - - - 128,300 -
09 Measure A Fund 1,993,944 2,626,900 - - - 2,626,900 - 10 Gas Tax Maintenance Fund* 1,946,867 1,763,100 - 180,000 180,000 1,943,100 10% 11 Measure W Fund 952,763 550,000 - - - 550,000 -
12 Highway 1 Improvement Fund 30,812 59,796 - - - 59,796 - 13 Street Improvement Fund - 1,610,000 - 75,000 75,000 1,685,000 5% 14 Manor Drive Improvement Fund 635,822 3,060,000 - - - 3,060,000 - 15 Aircraft Noise Project - - - - - - -
16 NPDES Stormwater Fund 235,141 334,600 - - - 334,600 - 19 Planned Local Drainage Fund 97,332 2,100 - - - 2,100 - 22 General Capital Improvement Fund 7,475,539 4,612,000 - 740,600 740,600 5,352,600 16% 23 Frontierland Remediation - 280,000 - - - 280,000 -
24 Housing In-Lieu Fund - - - - - - -
25 Parking In-Lieu Fund - - - - - - -
26 Park In-Lieu Capital Improvement 694,974 - - 20,400 20,400 20,400 - 27 PB&R Roy Davies Trust 188,388 135,400 - 40,000 40,000 175,400 30% 28 PB&R Special Revenue Fund 168,763 200,583 - - - 200,583 - 29 Tree Special Revenue Fund - - - - - - -
31 Pacifica Library Fund 46,037 23,124 - - - 23,124 -
38 Disaster Accounting Fund 3,576,827 1,455,000 496,300 130,000 626,300 2,081,300 43% Total Special Revenue & Capital Funds 18,117,042 16,840,903 496,300 1,186,000 1,682,300 18,523,203 10%

INTERNAL SERVICE FUNDS
65 Self Funded Dental Plan 211,276 181,100 - - - 181,100 - 66 Self-Insurance Fund W/C 845,888 1,100,000 - - - 1,100,000 - 67 Self-Insurance Fund Liability 64,820 2,380,301 - - - 2,380,301 - 71 Motor Pool Operations Fund 1,228,159 1,190,712 - - - 1,190,712 - 72 Motor Pool Replacement Fund 410,515 570,000 - - - 570,000 - 74 Fire Equipment Fund - 399,378 - - - 399,378 -
Total Internal Service Funds 2,760,658 5,821,491 - - - 5,821,491 -

DEBT SERVICE FUNDS
40 Debt Service Fund 2,458,491 2,499,800 - - - 2,499,800 - Total Debt Service Funds 2,458,491 2,499,800 - - - 2,499,800 - Total Other Funds (non-General Fund) 44,595,858 53,228,426 496,300 1,605,278 2,101,578 55,330,004 4% Total All Funds 90,479,604 $ 101,835,687 $ 591,300 $ 1,529,778 $ 2,121,078 $ 103,956,765 $ 2% Attachment 5
City of Pacifica
FY2022-23 Mid-Year Budget
Summary of Expenses & Transfers by Fund

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Attachment: Attachment 5 - FY 2023-24 Summary of Expenditures and Transfers by Fund (5606 : FY2023- Fund Name Fund Balance 6/30/2023 Revenues & Transfers In Revised Budget Expenditures & Transfers Out Revised Budget Revenue Over (Under) Expenditures Projected Fund Balance 6/30/2024 01 GENERAL FUND 20,547,472 $ $ 48,626,761 46,695,600 $ (1,931,161) $ $ 18,616,311

ENTERPRISE FUNDS
18 Sewer Charge Fund 5,010,397 19,071,000 17,422,168 1,648,832 6,659,229 34 Sewer Facility Construction Fund 28,029,998 3,000 10,601,278 (10,598,278) 17,431,72035 Beach Parking Fund 186,299 615,000 462,064 152,936 339,235 Total Enterprise Funds 33,226,694 19,689,000 28,485,510 (8,796,510) 24,430,184

SPECIAL REVENUE FUNDS
07 SLES Fund 319,276 130,000 128,300 1,700 320,97609 Measure A Fund 1,943,399 1,223,000 2,626,900 (1,403,900) 539,49910 Gas Tax Maintenance Fund (143,689) 2,345,900 1,943,100 402,800 259,11111 Measure W Fund 292,005 560,000 550,000 10,000 302,00512 Highway 1 Improvement Fund 628,642 4,500 59,796 (55,296) 573,34613 Street Improvement Fund 634,630 1,821,000 1,685,000 136,000 770,63014 Manor Drive Improvement Fund* 252,053 2,700,000 3,060,000 (360,000) (107,947)15 Aircraft Noise Project 423 - - - 42316 NPDES Stormwater Fund 281,057 203,000 334,600 (131,600) 149,45719 Planned Local Drainage Fund 294,873 27,000 2,100 24,900 319,77322 General Capital Improvement Fund 5,316,581 5,079,000 5,352,600 (273,600) 5,042,98123 Frontierland Remediation 412,187 75,000 280,000 (205,000) 207,18724 Housing In-Lieu Fund 250,881 1,665,250 - 1,665,250 1,916,131 25 Parking In-Lieu Fund 119,411 - - - 119,41126 Park In-Lieu Capital Improvement 215,682 - 20,400 (20,400) 195,28227 PB&R Roy Davies Trust 2,870,876 - 175,400 (175,400) 2,695,47628 PB&R Special Revenue Fund 2,010,221 - 200,583 (200,583) 1,809,63829 Tree Special Revenue Fund 1,748 - - - 1,74831 Pacifica Library Fund 77,223 34,000 23,124 10,876 88,09938 Disaster Accounting Fund 7,472,999 1,665,250 2,081,300 (416,050) 7,056,949 Total Special Revenue & Capital Funds 23,250,478 17,532,900 18,523,203 (990,303) 22,260,175

INTERNAL SERVICE FUNDS
65 Self Funded Dental Plan 235,301 248,500 181,100 67,400 302,70166 Self-Insurance Fund W/C 856,648 1,100,000 1,100,000 - 856,64867 Self-Insurance Fund Liability 683,759 2,030,300 2,380,301 (350,001) 333,75871 Motor Pool Operations Fund 217,300 1,200,000 1,190,712 9,288 226,58872 Motor Pool Replacement Fund 2,260,632 125,000 570,000 (445,000) 1,815,63274 Fire Equipment Fund 151,375 282,300 399,378 (117,078) 34,297 Total Internal Service Funds 4,405,015 4,986,100 5,821,491 (835,391) 3,569,624

DEBT SERVICE FUNDS
40 Debt Service Fund 2,699,165 2,499,800 2,499,800 - 2,699,165 Total Debt Service Funds 2,699,165 2,499,800 2,499,800 - 2,699,165 Total Other Funds 63,581,352 44,707,800 55,330,004 (10,622,204) 52,959,148 Total All Funds 84,128,824 $ 91,403,400 $ 103,956,765 $ (12,553,365) $ 71,575,459 $ Attachement 6
City of Pacifica
FY 2023-24 Revised Budget (Mid-Year)
Summary of Fund Balances

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Attachment: Attachment 6 - FY 2023-24 Fund Balance Summary by Fund (5606 : FY2023-24 Midyear

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/25/2024
1 SUBJECT:

Appointments to the Beautification Advisory Committee; Open Space and Parkland Advisory Committee; Parks, Beaches and Recreation Commission; and Planning Commission RECOMMENDED ACTION:
1) Move to appoint one (1) applicant to the Beautification Advisory Committee for one full term to expire March 2028;
2) Move to appoint two (2) applicants to the Open Space and Parkland Advisory Committee for one partial term to expire May 2025 and one partial term to expire May 2026; 3) Move to appoint one (1) applicant to the Parks, Beaches and Recreation Commission for one partial term to expire May 2025;
4) Move to appoint two (2) applicants to the Planning Commission each for full terms to expire March 2028.

STAFF CONTACT:

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

The City has recruited applicants for the Beautification Advisory Committee; Open Space and Parkland Advisory Committee; Parks, Beaches and Recreation Commission; and Planning Commission to fill vacancies due to:
1) one expiring term (as of March 2024) on the Beautification Advisory Committee; 2) two vacancies on the Open Space and Parkland Advisory Committee for one partial term to expire May 2025 and one partial term to expire May 2026; 3) one vacancy on the Parks, Beaches and Recreation Commission for one partial term to expire May 2025;
4) two expiring terms (as of March 2024) on the Planning Commission.

Recruitment notices were posted on the City website on January 17, 2024, and published in the San Mateo Daily Journal on January 24, 2024, and January 31, 2024.

The application deadline of February 2, 2024, was extended three times: first to February 9, 2024; second to February 16, 2024; and lastly to February 23, 2024.

The City received one (1) timely application for the Beautification Advisory Committee; four (4) 6 Packet Pg. 227
Pacifica City Council 2
March 25, 2024
timely applications for the Open Space and Parkland Advisory Committee; one (1) timely application for the Parks, Beaches and Recreation Commission; and five (5) timely applications for the Planning Commission. The list of applicants under consideration for each committee and commission are attached.

Interviews were conducted by the City Council at a Special City Council Meeting on March 19, 2024.

Selection Process
Lists of all applicants under consideration for each committee / commission are attached as Attachment A - Beautification Advisory Committee applicants, Attachment B - Open Space and Parkland Advisory Committee applicants, Attachment C - Parks, Beaches and Recreation Commission applicants, and Attachment D - Planning Commission applicants.

Council may choose to deliberate as to the candidates that they would support to nominate for appointments to each of the open Committee or Commission seats. Council should then make a formal motion to appoint named applicants to each committee / commission. Each formal motion should specify which named individual(s) are nominated for appointment to full terms and which named individual(s) are nominated for appointment to a partial term of specified duration, if there are multiple positions to be filled for differing terms.

FISCAL IMPACT:

None associated with this item.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: List of Applicants Beautification Advisory Committee (PDF) Attachment B: List of Applicants Open Space and Parkland Advisory Committee (PDF) Attachment C: List of Applicants Parks, Beaches and Recreation Commission (PDF) Attachment D: List of Applicants Planning Commission (PDF) 6 Packet Pg. 228

CITY COUNCIL REGULAR MEETING
MARCH 25, 2024

APPOINTMENT TO

BEAUTIFICATION ADVISORY COMMITTEE
NEED 1:
• 1 full 4-year term to expire March 2028
Applicant
Daniel Wells

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Packet Pg. 229 Attachment: Attachment A: List of Applicants Beautification Advisory Committee (5599 : Appointments to City Committees / Commissions:

CITY COUNCIL REGULAR MEETING
MARCH 25, 2024

APPOINTMENT TO

OPEN SPACE AND PARKLAND ADVISORY COMMITTEE
NEED 2:
• 1 partial term to expire May 2025
• 1 partial term to expire May 2026
Applicant
Michael Kahn
Annabelle Phillips
Aaron Reif
Sally Treanor

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Packet Pg. 230 Attachment: Attachment B: List of Applicants Open Space and Parkland Advisory Committee (5599 : Appointments to City Committees /

CITY COUNCIL REGULAR MEETING
MARCH 25, 2024

APPOINTMENT TO

PARKS, BEACHES & RECREATION COMMISSION
NEED 1:
• 1 partial term to expire May 2025
Applicant
Peter Banks

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Packet Pg. 231 Attachment: Attachment C: List of Applicants Parks, Beaches and Recreation Commission (5599 : Appointments to City Committees /

CITY COUNCIL REGULAR MEETING
MARCH 25, 2024

APPOINTMENT TO

PLANNING COMMISSION
NEED2:
• 2 full 4-year terms to expire March 2028
Applicant
Marjory Davis
Samantha Hauser
Chris Redfield
Remi Tan
Michael Watkins

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Packet Pg. 232 Attachment: Attachment D: List of Applicants Planning Commission (5599 : Appointments to City Committees / Commissions: BAC, OSPAC,

Pacifica City CouncilMarch 25, 2024

Pacifica City Council
March 25, 2024