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 April 22, 2024
SPECIAL AND REGULAR MEETING
and CONTINUED ADJOURNED SPECIAL MEETING
April 22, 2024 (MONDAY)
www.cityofpacifica.org
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City Council Regular Meeting 2 April 22, 2024
6:00 PM OPEN SESSION - SPECIAL AND REGULAR MEETING
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.
Salute to the Flag led by Councilmember Bier
SPECIAL PRESENTATIONS
A. Preservation Award 2024 by the Open Space & Parkland Advisory Committee to Julie Lancelle
B. Proclamation - Mental Health Month - May 2024
C. Proclamation - Wildfire Preparedness Month - May 2024
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 following: (1) March 25, 2024 City Council Special and Regular Meeting.
2. Adopt a Resolution to Approve a Construction Services Agreement with HFS Systems for installation of the Civic Center Alarm System
PROPOSED ACTION: Adopt a Resolution to Approve a Construction Services City Council Regular Meeting 3 April 22, 2024
Agreement with HFS Systems for installation of the Civic Center Alarm System in the amount of $78,795 with a $9,000 (~11%) contingency for a Total Budget Authority of $87,795.
3. Adopt a Resolution Authorizing the Revisions to the 2019 Economic Development Committee (EDC) Charter
PROPOSED ACTION: Move to adopt a Resolution of the City Council to approve the revisions to the Economic Development Committee (EDC) Charter, per the Joint Study Session on March 25, 2024.
4. Resolution of Intention to Continue the Business Improvement District Program and Levy the Annual Assessments for the Fiscal Year 2024-2025
PROPOSED ACTION: Adopt the resolution entitled "A Resolution of the City Council of the City of Pacifica Confirming the Annual Report of the Advisory Board of the Pacifica Hotels and Business Improvement District (BID) and Declaring the City Council's Intention to Continue the BID Program and Levy the Annual Assessments for the Fiscal Year 2024-2025 at the Same Rate as Levied in the Fiscal Year 2023-2024 Without Change" and set the date of June 24, 2024, for the Public Hearing on the annual levy of assessments on hotels within the BID.
5. Resolution of Intention to Establish the Pacifica Tourism Marketing District PROPOSED ACTION: Adopt the Resolution of Intention to establish the Pacifica Tourism Marketing District (PTMD). Adoption of this Resolution will result in a public meeting on June 10, 2024, and a public hearing on June 24, 2024, on the formation of the Pacifica Tourism Marketing District (PTMD) and the levy of assessments on hotels and short-term vacation rentals.
PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
This portion of the Agenda is available for the public to address the City Council on any issue that is not on the Agenda. Any person wishing to address the Council shall be recognized by the Mayor during this time, provided, however, that only items not on the Agenda for that meeting may be addressed. Comments on non-agendized items must address matters within the subject matter jurisdiction of the City. If comments do not address matters within the subject matter jurisdiction of the City, the City will provide you with an initial warning to stay within the subject matter jurisdiction of the City. If the warning is not followed, the Mayor will direct the City Clerk to cut off the microphone.
Councilmembers shall not enter into debate with speakers under Public Comments on Items Not on the Posted Agenda. A maximum of three minutes will be allowed for any speaker.
COUNCIL COMMUNICATIONS
The purpose of Council Communications is for Councilmembers to inform each other of items of potential interest to other Councilmembers, such as interagency meetings.
City Council Regular Meeting 4 April 22, 2024
STAFF COMMUNICATIONS
The purpose of Staff Communications is for the City Manager to offer announcements as appropriate.
PUBLIC HEARINGS - NONE.
CONSIDERATION
6. Continuation of Adjourned Special Meeting from April 15, 2024 - Modifications to the City of Pacifica’s Revised Certification Draft Local Coastal Land Use Plan (LCLUP), including the Special Resiliency Area policies, and direction to staff regarding transmittal of alternative modifications to the California Coastal Commission PROPOSED ACTION: Continue deliberations from the Adjourned Special Meeting from April 15, 2024 to consider and confirm alternative modifications to the Revised Certification Draft LCLUP to be transmitted to the California Coastal Commission.
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:
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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 City Council Regular Meeting 5 April 22, 2024
• 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
4/22/2024
1 SUBJECT:
Approval of Minutes
RECOMMENDED ACTION:
Move to approve the minutes for the following: (1) March 25, 2024 City Council Special and Regular Meeting.
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
Move to approve the minutes for the following:
(1) March 25, 2024 City Council Special and Regular Meeting (Attachment A).
FISCAL IMPACT:
Within budgeted operational expenses.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (PDF) 1 Packet Pg. 6
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 25, 2024
SPECIAL AND REGULAR MEETING
March 25, 2024 (MONDAY)
www.cityofpacifica.org
Mayor Sue Vaterlaus called the meeting to order on March 25, 2024 at 6:05 PM 6:00 PM - JOINT STUDY SESSION CITY COUNCIL & ECONOMIC DEVELOPMENT
COMMITTEE
Mayor Vaterlaus called the joint study session to order at 6:05 p.m.
City Clerk Coffey took a verbal roll call.
Staff Present: Kevin Woodhouse, City Manager; Denise Bazzano, Asst. City Attorney; Yulia Carter, Asst. City Manager; Tara Schiff, Economic Development Manager; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.
EDC members: Sean Thompson, Chair; Robert Foster, Vice Chair; Brendan Berman; Matthew Dougherty; L. J. Jones; Ed Ochi; Greta Sieglock; Lauren Claire Smith.
Absent: Archie Judan.
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.
Economic Development Manager Tara Schiff presented the staff report.
Councilmember Boles stated the Commission and Committee handbook left open the possibility of people serving who were not residents of the city if they had particular skills or expertise, such as business owners.
Chair Thompson stated that their understanding was that membership required residence in Pacifica. He asked if they could change that.
Committee Member Greta Sieglock stated that she thought it was something they could change in a vacuum for their committee specifically, as she thought, if they open it up generally to business owners in Pacifica, that leaves it open for other committees to have that option; keeping it tied to residents makes sense unless there is an overall change to the way committees for the city are formed.
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 2 March 25, 2024
Mayor Vaterlaus thought the exception was included in the city Municipal Code.
Councilmember Bier thought there was some conversation where business owners could be invited to attend the meetings if not residents for opportunities of input.
Councilmember Bigstyck stated that, on the topic of criteria for selection regarding the EDC, he wondered if there was flexibility in the membership to allow for consumers rather than business owners to apply.
Committee Member L. J. Jones thought, when they originally structured this, there was no hard test of what knowledge of business needs to be, as everyone has some idea of businesses operating in the area and local economic development ideas, but they want to leave it to the committee’s discretion to weigh the factors in determining the ideal candidate.
Mayor pro Tem Beckmeyer stated, as Councilmember appointee to this committee, she is always looking at who is a business owner, and she thought 3 of the 9 presently on the committee are Pacifica business owners.
Councilmember Boles stated that they have been talking about youth positions on some of the other committees and wondered if they would consider or want a high school student to serve (possibly a one-year term) if they have an interest in business or skills to offer.
Committee Member Matthew Dougherty thought that was interesting. He would be in favor of looking into that, but he asked if they were a voting member on those other committees.
Councilmember Boles stated that they are.
Committee Member Dougherty stated that it was something they can look at as a committee.
He stated that, the reason they have in the second section regarding the Chamber of Commerce as an ex officio member, they opened it up for accepting other ex officio members as well and that might be in line with a great resource and committed to coming but not have to be at every meeting to meet a quorum. He stated that is one reason why there are nine community members appointed is so they can get more accomplished as that was one of the problems they have been facing. He agreed that, if there is a business owner outside of Pacifica or other groups in town that key stakeholders, they might be a great resource for them and be designated as ex officio member. Regarding a youth position, he thought it was something they could talk about.
City Clerk Coffey referred to the Pacifica Municipal Code regarding eligibility for committee and commission members, stating if there is something they move forward with that is not within the context of the Municipal Code section as currently stated it may require an ordinance to amend that section, which now states that eligibility for committee and commissions is stated to represent a broad cross section of the entire community to be eligible for appointment to any committee or commission and be a qualified elector of the city except for 1) members who are under the age of 18 years at the time of appointment but are residents of the city and 2) members of committees who are not qualified electors or residents of the city but who may be appointed by the Council where they are deemed to be able to provide expertise or where they may be representative of a section of the community, for example, commercial. She then stated that there was allowance in the Municipal Code currently for youth members under 18 and for non-residents.
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 3 March 25, 2024
Councilmember Bier stated, if we are going to be talking about that, maybe we should talk about it across the board for every committee and commission. She stated that, if we are going to be talking about youth, we should be making sure to include our Director of PB&R in those conversations. She thought there could be liaisons from the Youth Advisory Board to give those leaders an opportunity. She thought there was a lot to talk about but she preferred that we talk about it as a whole instead of which committee or commission.
Councilmember Boles wondered if some committees may have reasons for no youth seats or limited youth seats.
Mayor pro Tem Beckmeyer thought part of the issue was quorum and that is why the terms for the youth seats were shorter. She stated that this committee has experienced some challenges where quorum is concerned. She thought the big adjustment that Economic Development Manager Schiff was explaining about having the Chamber of Commerce seat not be voting but ex officio is a good place to start with their work on a quorum. She thought there were opportunities to bring youth in through the means Councilmember Bier brought forward because those means exist all the time for the city, especially the Youth Advisory Board.
Committee Member Brendan Berman added that they have many volunteering opportunities through the work that EDC does for youth or anyone to participate. He stated that, as mentioned, people who are under 18 are already allowed to join. He thought that the longer terms are nice because it takes some time to get your feet under you and figure out what are the valuable opportunities to go after. He stated that a lot of the things they are trying to do now are long-term plans, i.e., a multi-year vision for how they change Blues and Brews or how do they make Pride bigger or changes to Shop Pacifica. He stated that there is value in longer terms, but he was lightly opposed to shortening the term life.
Committee Member Lauren Claire Smith added they have a lot of programming for volunteer opportunities for youth already. She referred to Councilmember Bier’s intern last year who was really involved in Pride. She thought doing it more with the de facto opportunities we have is effective for everyone. She thought it would be great if they could get more kids involved in these events and finite activities.
Councilmember Bier referred to talking about the Library Advisory Committee regarding the voting seat. She thought it would be nice to have young people voting on all our committees and commissions, but she thought it will take time to structure that.
Councilmember Boles stated that the commission and committee handbook will need updating after review of all committees and commissions and that might be part of that process.
Committee Member Berman added that youth having equal impact of changes, such as the beautification of the city, as they experience the city the same way as adults do, and they experience going to the library the same way, whereas they are not as involved in business ownership or patronizing businesses, and he thinks there are a few committees or commissions which makes more sense where it would line up with the goals of the commissions and people benefitting from the work those committees do.
Mayor Vaterlaus thought about that too, as she could see it on certain committees and not on others because most youth have not had much experience in running businesses, but they might be interested in expressing interest in a specific business to be in Pacifica and the rest of the youth would like to see something like this. She knows it is hard to recruit businesses but it
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 4 March 25, 2024
might give a different perspective that other people haven’t thought of.
Councilmember Boles added that there is no stopping a youth from starting a business. She had a question for Economic Development Manager Schiff about the committee opining on economic input on development.
Economic Development Manager Schiff stated that one of the requests was more input on economic development that could include projects and businesses.
Councilmember Boles asked, if a developer is coming and building a mixed use building with some retail, how did we see our committee being involved.
Economic Development Manager Schiff saw EDC being involved on a whole, as they would like to be more knowledgeable about what we’re doing and have more input on what we’re doing and they can certainly include them and be very transparent on all the projects they are doing.
Asst. City Manager Carter added that they discussed that EDC is an advisory board to the Council, and in the staff report, there is specific language which was “as requested by the Council. If Council refers any specific projects for economic impact back to EDC, they will weigh in on specific projects with specific initiatives for economic impacts. It will be coming from the Council when you ask specific input from the Committee.
Councilmember Boles asked how that works in practice.
City Manager Woodhouse thought the concept would be that, when the city is confronted with significant development project or a specific plan, during the public engagement process that Council usually undertakes and discusses to guide that project or whatever milestone a specific project comes to the Council, the Council could say it has significant economic development aspects to it and we would like the expertise of the Economic Development Committee to review and weigh in on that. Like Council can do for any commission or committee, Council can direct a piece of work to that commission or committee at a point in time. It would be on a case-bycase basis if Council wants the committee to review the economic portion of a project.
Councilmember Boles concluded that they would agendize something for discussion among Council to make sure there are three of them that agree.
City Manager Woodhouse agreed, adding that it may be something already agendized.
Councilmember Boles asked if the Council could request EDC to provide input with city projects, such as the quarry specific plan.
Committee Member Berman stated that this committee could provide their input on what they think would be more or less economically beneficial to the city and the city could use that knowledge however it chooses or on large projects going through the Commission and Council.
If Council would like a view of this committee on what the economic impact might be, they can help provide that and, beyond just development, while less frequently, but in some cases there are code changes or language changes that would lead to an easier environment for people to develop in the city and attracting businesses.
Committee Member Dougherty added that the intent to have this in here was was a reminder that they have this wide skill set sitting regarding businesses. He stated that they are here and
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 5 March 25, 2024
would love to provide some more additional feedback, and they have relationships with students or community members on a regular basis and are conveying new projects to, so it might be worthwhile to tap EDC as a resource.
Councilmember Boles appreciated their talent and resources and thought perhaps the liaison may educate them on what the city is working on and they can opine in their meetings that they might be able to help with that. She stated that it isn’t just Council to EDC but EDC to Council.
Councilmember Bigstyck mentioned opening public comments.
City Manager Woodhouse added that one nuance to this is that, as during the discussion of the OSPAC charter, when talking about review or input on private development projects, that is a very legally nuanced topic limitations on the amount of public meetings that the city can require due process issues that need to be concerned. He pointed out that it is a very different and more complex realm of discussion when it comes to referring private development projects to a committee or commission. He thought the intent here is more the general awareness about the Economic Development input, particularly related to city projects and city activities where there is not the same private development process limitation.
Mayor Vaterlaus opened public comments.
Sue Digre, Pacifica, stated she feels committee and commission members have to be a resident and someone who can vote. She referred to getting the word out and teens, commenting on the process and past history, stating teens want to be heard and she cautioned all committees that we are very careful about hearing residents more than anybody.
Councilmember Bier wanted to thank all of the them for being present. She stated that this group is extremely engaged and will do so much good for our city.
Mayor pro Tem Beckmeyer and Mayor Vaterlaus concurred.
Councilmember Boles stated that in light of their budget that this committee’s work is the most important in the city and they are grateful for their service to build our tax base and provide services to residents and attract more visitors.
Councilmember Bigstyck thanked everyone as well. He appreciated the conversation about the possibility of a youth ex officio member and he deferred to Councilmember Bier as she has the leading expertise followed by Mayor pro Tem Beckmeyer. He wondered if City Manager has direction or does he need further direction.
City Manager Woodhouse stated he is hearing support for the recommended changes to the charter and there is no change regarding youth membership at this time, and they will bring back a resolution that memorializes what is in the presentation at a future Council meeting for adoption.
RESULT: NO VOTE REQUIRED
ADJOURN JOINT STUDY SESSION
Mayor Vaterlaus adjourned the study session at 6:45 p.m.
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 6 March 25, 2024
7:00 PM OPEN REGULAR MEETING
Call to Order
Mayor Vaterlaus reconvened the regular meeting at 7:02 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; Denise Bazzano, Asst. 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; Harun Kiziltug, IT Manager; Louis Sun, PW Dep. Director-Wastewater Div.; Roland Yip, PW. Dep Director (Field Services/Engineering); Daniel Patten, Wastewater Engineering Manager; Matt Kelly, Project Manager; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.
Reading of Land Acknowledgment
Mayor Vaterlaus read the Land Acknowledgement.
Salute to the Flag led by Councilmember Bier
CONSENT CALENDAR
Mayor Vaterlaus asked if Council would like to pull an item from the consent calendar.
Councilmember Boles stated she would like to pull Item #2.
Mayor Vaterlaus asked if there were any who wanted to pull any item and, seeing no one, asked if there were any questions.
Councilmember Boles stated that they received a comment about a potential date error in the minutes.
Mayor Vaterlaus thought it was the staff meeting about the Minerva trees and asked if we can have it corrected later because we do not know the actual date.
Councilmember Bigstyck stated that Chris Redfield is on Zoom so he might be able to offer clarification.
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 7 March 25, 2024
Mayor Vaterlaus opened public comment.
Chris Redfield, Pacifica, stated that the date the meeting with Minerva residents was held was in the future and it was a simple clarification of the date, and he thought the date was supposed to be 2023 or February and added that he could be mistaken on the packet page.
Mayor Vaterlaus closed public comment.
Councilmember Bier moved to approve the consent calendar, excluding Item #2; seconded by Mayor pro Tem Beckmeyer.
(No correction was necessary to the minutes as drafted. The date was included in the agenda staff report and not referenced in the minutes.)
CONSENT CALENDAR (EXCLUDING ITEM #2)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bier, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
1. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the March 11, 2024 City Council Regular Meeting.
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).
Agenda Item #2 Discussion
Councilmember Boles stated she wanted to start with a process question. From the joint study session with OSPAC, she remembered giving clear direction that we wanted to come back and continue a study session after OSPAC had time to think about Council comments and how they wanted to moved forward. The City Manager also suggested that OSPAC choose whether they wanted to come back or not but instead of a study session it could come back under consideration, making sure they had a representative from OSPAC or inviting the whole group if they all wanted to come and have a robust discussion. She stated that the item is now on consent instead of under consideration and she has talked to a few OSPAC members over the weekend and some were specifically told not to come to this meeting. She said that, before them, is to approve or deny and keep the old charter, but there might be some changes that they want to talk about and discuss and she had some questions. She did not think the process as it is on the agenda at this meeting allows that.
Mayor Vaterlaus asked if she was asking to look at this at a later date, not to make it item No. 5 on the agenda.
Councilmember Boles responded affirmatively, as she wanted to be sure OSPAC was invited to be part of that discussion. She talked to two members this afternoon and they were okay with that delay. They have waited a long time to get their charter updated but they thought a short
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 8 March 25, 2024
delay if they can get it on the agenda worked.
City Manager Woodhouse stated that his understanding was that OSPAC considered the charter amendments and voted on them unanimously with the expectation they would be brought to this Council meeting for consideration by Council, as they did not feel that a follow up joint study session was necessary. He was not aware of anything about OSPAC members being told to not come to this meeting; it is a public meeting, and if a consent item is pulled off the agenda, it gets discussed with public input, etc. He then stated Planning Director Murdock may have more insight into the direction that OSPAC did.
Planning Director Murdock stated that OSPAC considered this item at two meetings and at the first meeting indicated they needed more time. Their subcommittee met, went through the proposed resolution staff prepared, came back with some further revisions that staff incorporated for the most part; after further discussion at the second meeting, OSPAC voted unanimously to request Council’s adoption of the resolution as put forth for their consideration in the agenda packet. Regarding coming back or the need to come back, that question was posed to OSPAC specifically, and the consensus was there was not a need to come back as a body to Council; they were ready to move on with the resolution that has been prepared. He added that individual members may have their own opinions, but those were not expressed in the OSPAC meetings that he attended on the subject matter. Regarding them being told not to come, that is not his recollection; as a procedural matter, this would be a consent calendar item and while there was no need for them to come, they were welcome to come and there would not be a Brown Act issue with them attending this noticed meeting of Council.
Councilmember Boles thought that might be true, but as she was reading the agenda item, she had further questions. She spoke with Chair Arlene Patton, Vice Chair JoAnne Arnos, and Committee Member Ellen Natesan, who thought she had good questions and might want to discuss the minor changes to their charter, but that is not given as an option in what is presented to them today.
City Manager Woodhouse stated that, procedurally, there would be an issue. If OSPAC voted and a majority is recommending approval of these changes, that is what we are bringing forward for Council consideration. If there are individual members of OSPAC that had a different opinion and expressed that to Councilmember Boles, the Council can decide to continue the item if they would like, but the recommendation would be the same because OSPAC has taken action on that. Thus, he would not recommend changing or sending it back as that is not what OSPAC directed.
Councilmember Boles asked, if Council wants to make changes, how do they do that and make sure it is okay with OSPAC.
City Manager Woodhouse stated that Council can make any changes they want for any charter for commissions and committees because it is their prerogative to do that and the committees and commissions work at Council’s direction.
Mayor Vaterlaus stated that would have to be brought back at a later meeting for changes.
Asst. City Attorney Bazzano stated that, if Councilmember Boles has recommended edits to the resolution, she can propose those as she would any other resolution before Council and Council can discuss those proposed changes and, if they agree, a majority can support those changes.
She added that, as City Manager Woodhouse said, the charter for OSPAC is within the
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discretion of City Council, as they decide what the contents are of that charter.
City Manager Woodhouse stated that it is the Council’s prerogative to send it back to OSPAC and they could say that they want them to reconsider these changes. He stated that the point he would make is that they will be extending the committee/commission charter review process.
It has been a long process with OSPAC and they voted for recommendation which is what is before them at this meeting.
Planning Director Murdock stated that another factor for Council consideration related to sending it back to OSPAC is that Chair Patton, before the next OSPAC meeting, will be unavailable for a period of several OSPAC meetings. She has been central to this update process and, to the extent it is a factor, she may not be able to participate up to potentially June.
Councilmember Bigstyck stated his understanding of the process was that the subcommittee came to the conclusions they did, brought it back to the full committee, and deliberated to the point of transmittal of this consent item without need of further discussion. His understanding was that the body’s consensus was that what is before them after a great deal of deliberation.
He stated that Vice Chair Arnos reached out to him earlier today with some of the same concerns that Councilmember Boles is expressing, but he has mostly been working with the Chair of OSPAC around any issues that might pertain to the item. He stated that his understanding from the Chair is that their deliberation was thorough and there was satisfaction of what was being transmitted. He stated that the same observation pointed out by City Manager and Asst. City Attorney occurred to him which was this was Council’s opportunity to do whatever they want with the charter. He does not know what recommendations were made to the members, but as this was a publicly held meeting, he hoped that, if any member wished to come out and speak on behalf of the board or as a private citizen, as was their right, this was their opportunity. The Council could ask whatever questions they might have and he encouraged Council to take the opportunity to ask questions and, if they come to the conclusion as a body that there are alterations they would like to make, they can.
Councilmember Boles stated that they could decide if they want to have that conversation.
Councilmember Bigstyck stated that it was agendized now so that, if they feel the need to pull the item, they can discuss it as they wish.
Councilmember Boles stated that she can go over her questions and she wanted to know if anyone from OSPAC or anyone in the audience wants to comment about the process.
Mayor Vaterlaus stated she can bring it back for public comment if anyone in the audience or phone who would like to make a comment.
Asst. City Attorney Bazzano clarified that, if there are any members of OSPAC on the line, she would ask Planning Director Murdock whether or not OSPAC designated a liaison for this meeting or if they would be speaking as a private citizen rather than on behalf of OSPAC.
Planning Director Murdock stated that they did not designate a liaison to Council on this item.
Councilmember Boles asked if they were asked to.
Planning Director Murdock responded that they were not.
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Summer Lee, Pacifica, stated that as a member of the public who has wanted OSPAC to have more review of certain projects in our city as was in their original charter and shared her thoughts on the process and having more open discussion about what the new charter is.
Mayor Vaterlaus stated Ms. Patton was speaking as an individual, not as a member of OSPAC.
Arlene Patton, Pacifica, discussed the process they went through and everyone can read the notes from their last meeting regarding the back and forth which was a good discussion of where they wanted to go with this.
Mayor Vaterlaus closed public comments.
Councilmember Bigstyck asked Asst. City Attorney, when something is put on consent, if that was an opportunity for anyone to speak on the subject.
Asst. City Attorney Bazzano responded affirmatively.
Councilmember Bigstyck asked Asst. City Attorney Bazzano for a quick definition of consent and how it works in relation to it being an agendized item which gives the public the opportunity to comment.
Asst. City Attorney Bazzano stated that an item on the consent calendar is like any other item on the agenda in terms of the public’s or Council’s opportunity to comment upon that item and any member of the public can comment on this consent item in the same way they could with any other agenda item. She stated that it is posted with all the other agenda items 72 hours prior to the meeting so the public is aware of the item and it gets the same treatment as other items in terms of staff report and accompanying documentation so the public can see what the item is about. She stated that items may be placed in a different portion of the agenda based on legal constraints or the complexity of the item but the consent agenda items are just as important as other agenda items.
Councilmember Bigstyck asked Planning Director Murdock about the notion of OSPAC becoming more involved in reviewing or considering development. He asked him if he could remind them of this discussion.
Planning Director Murdock thought it made a lot of sense and may be an appealing idea to have an open dialogue with everyone present at OSPAC to various open space considerations related to development projects. He stated that the reality is that the development review process, in which that discussion would be a part, is a very structured process; there is a record being built with due process rights for applicants and legal liability of the process where due process is not followed appropriately. As outlined previously, there is a number of practical and legal considerations associated with incorporating OSPAC into the formal development review process. Some key points were concern about projects coming early in the process, which makes sense logically to get input early so it can be fully considered, but figuring out later, once the project is deemed complete, that it may be a project subject to some potential processing limitations in terms of number of required meetings. He stated that there are various viewpoints about whether that is before or after the project is complete and when the limitations apply, but there are potential risks associated with that for the city. He stated that there are practical timing considerations to get to a public hearing and review, etc., and there are training and knowledge challenges to get nine OSPAC members up to speed on the very complex development review process and it often takes Planning Commissioners, who meet twice a
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month and consider multiple projects regularly, a considerable amount of time to gain sufficient expertise. He stated that a lot of practical and legal challenges are associated with that change of process and something to be considered very carefully to what extent, limited or extensive, that OSPAC should be incorporated into that development review process.
Councilmember Bigstyck stated that the state has regulated the way they must handle development to a point where the extent that the city is able to leverage OSPAC to help in that review process has become rather time prohibitive.
Planning Director Murdock stated that, generally speaking, the process has become much more restrictive now as compared to 10-20 years ago.
Councilmember Bier reminded the public that it was OSPAC’s request that jump-started their whole process to look at all the charters for all the committees and commissions and that conversation was happening when she was a liaison on OSPAC and she was happy to see that they came to a conclusion with a 6-0 vote. She thanked Ms. Patton for calling in.
Councilmember Bigstyck also thanked Ms. Patton for helping them as they deliberate.
Councilmember Boles stated that she was asking some of these questions to the three people she talked to this weekend, and they felt she had questions that led to other questions from them. She is concerned that, if they are finalizing it, there might be a few words that they want to tweak, and it may be worth taking that time to have joint input. She stated that one thing that is not in the document is about their review of city documents. She stated that there is nothing about them commenting on the General Plan and there was nothing in this document that talks about their participation in city documents. She referred to the specific plan for the quarry and it is in their purview, as a lot of that includes trails and habitat, etc. She would want OSPAC to be involved in creating that plan but there is nothing in the document that says they would be asked to do that. She stated all three members thought those were good points, and Ms.
Natesan gave her some specific language about “documents generated by Pacifica, including other plans and policies relevant to open space and not part of a specific development project review”.
Mayor Vaterlaus stated that the resolution includes review and implementation of the General Plan, which covers most of the city.
Councilmember Boles understood and stated they can take out the General Plan and talk about the quarry specific plan or any other specific plans.
Mayor Vaterlaus stated that the specific plans relate to the General Plan.
Councilmember Boles stated that they do not, as they are separate plans.
Planning Director Murdock stated, to clarify his understanding of the meaning of the paragraph in question about the annual review implementation, that was meant to be at a subsequent annual review of the General Plan conducted by the Council to consider whether it is relevant and important to direct an amendment to the General Plan to formally incorporate the Open Space Task Force Report or other specific open space issues so there is a connection to the development review process through the city’s policy documents that is more direct. He stated that they have a lot in the General Plan about open space but something more specific to the Open Space Task Force Report was intended with bolstering the voluntary presentation
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opportunity, formalizing the invitation process, and trying to formally connect all the review projects through the Planning Commission process with an amendment to the General Plan to memorialize the Open Space Task Force Report. He thought it was seeking to accomplish something slightly different than what he is understanding from Councilmember Boles’ outlining.
He thought it would seem a reasonable activity for OSPAC to potentially advise on open space issues that are pertinent in the General Plan or other specific plans related to Open Space Task Force Report parcels.
Councilmember Boles asked how he would suggest adding that language.
City Manager Woodhouse pointed out that, in any plan, study or city project coming to Council, the Council has multiple touch points to direct work of that to include committees and commissions; if they take a significant plan update like the General Plan in the future, or a specific plan in the city, Council could say it touches every committee/commission in the City, i.e., Emergency Preparedness and Safety, youth, Economic Development, and PB&R. Council has the prerogative during the process to say they want all the committees and commissions to weigh in. He stated, if Council decided to specifically include plan review in OSPAC’s charter, they are setting it up to include that in every committee and commission’s charter as directed by Council because there will be significant components that relate to every committee and commission. He stated it is not in charters because Council always has the prerogative to direct that in a particular study when Council is deliberating how to go about that process.
Councilmember Boles can understand not being specific about a particular project. She stated that they just reviewed Economic Development and they had a sentence at the end about other work directed by Council and she thought that could be added to the OSPAC resolution.
Councilmember Bier reiterated “as directed by Council” or “other specific plans as directed”.
Councilmember Boles stated that they talked about a lot of things in the study session, but there are things they may want to add later and she wants to understand what the process is to do that. She mentioned that they asked for other sites to be added to the list of sites in the manual, such as all of HPD, certain parcels that were adjacent to existing open space parcels, or particular HPD parcels. She thought they were still interested in that, and she wanted to understand what the process is by which they can add something. She stated she asked before the meeting about the general process for future changes to charters and asked staff to clarify whether this would have another yearly committee report to Council or another process and staff’s answer was that Council must adopt a resolution to amend the authorizing resolutions for commissions and committees and the annual report and work plan approval process is one mechanism they would use to request Council to direct work on a specific topic, but any such work must be consistent with the authorizing resolution. She asked if they can ask for something but it cannot conflict with the resolution we are adopting now and they cannot change the resolution later if they want to add something else.
Mayor pro Tem Beckmeyer stated her impression is that, when there is change brought forward by any body, whether by Council or proposed by the committee itself, if it results in something different than the original resolution says, then it needs to come back to Council with an updated resolution. She mentioned that we went through this with the Beautification Advisory Committee when they changed the Mayor’s Beautification Awards Program. There are due process considerations we have to be mindful about. She senses that Councilmember Boles is trying to make sure there are things in the document for all future possibilities and she thought there are under the prerogative of Council to amend the charters at any point. She stated that we spent a
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 13 March 25, 2024
lot of time on this and she is concerned that they are treading over ground they have already been over. Regarding other parcels, etc., she stated that she was at an OSPAC meeting as an alternate and this issue was discussed specifically regarding to their charter. They talked about whether they want to have an update of the Open Space Task Force Report, and after discussion, they decided they did not want to ask for that. She referred to Council’s review of OSPAC’s original request two years ago and OSPAC’s subsequent reviews and final outcome.
She stated it may be conceivable discussions that may seem to be missing occurred before Councilmember Boles was on Council.
Councilmember Boles stated that she did not know OSPAC had specifically decided on that.
She stated she wants to understand the process, i.e. if a committee wants to make a change later, can they do that without being a part of their yearly meeting or can they come to Council and state they want to add a task and then Council can decide if they should consider that.
Councilmember Bigstyck stated that the reason why they are having this conversation is because OSPAC took the initiative to say they were interested in doing something and asked Council to listen to them and Council heard. He stated that this is a robust process. He stated he had a question around her mention of the quarry specific plan and whether they need to address when something comes up specifically or if it is understood that OSPAC would have a session regarding the quarry specific plan when that time comes.
City Manager Woodhouse stated, regarding quarry specific plan discussion, that is not what is agendized at this meeting and he recommends that it is only appropriate to bring that up when it is agendized.
Councilmember Bigstyck understood.
Mayor Vaterlaus assumed it is for any specific plan.
Councilmember Bigstyck agreed any specific plan or any plan where it does not trigger a state guidelines or restrictions.
City Manager Woodhouse stated he would respond with what he said earlier, i.e., is Council interested in inserting that kind of language in every committee and commission’s charter. He stated that option always exists when we specifically come to that discussion.
Councilmember Bigstyck asked what processes are currently in place where we would not need to worry about adding that language. He asked if it was understood that, if it touches OSPAC’s jurisdiction, with the quarry specific plan as an example, it would naturally find its way there without Council needing to think about putting something into the charter.
City Manager Woodhouse stated any big study, specific plan, etc., in recent years, includes a public engagement plan and Council’s engagement, and Council could speak specifically to committees and commissions. He thought that, in the Sharp Park Specific Plan process, Council specifically pointed out three advisory bodies that were to be part of the review process related to that specific planning process. He stated he is recommending that, rather than be specific on any one committee or commission charter, that is a prerogative that always exists to Council. He also wanted to make the point, connected to Councilmember Bole’s question, was that in the Council Rules and Code of Ethics, the process for agendizing an item or Council discussion is laid out in the rules. Any Councilmember can agendize an item and, if a significant item, there is a minimal amount of staff time used to put the item on the agenda and Council
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discusses what the next step would be on that. He reiterated that, at any given time, if a councilmember wanted to agendize consideration of a charter amendment for a committee or commission, that could be raised. It would be a significant undertaking and would fall under the two-hour rule and be agendized and a majority of Council decides on whether staff resources are going to be spent on revisiting that charter.
Councilmember Bier referred to the 4th “be it further resolved” clause on packet page 36 and asked if they could add “or other specific plan that are appropriate to ensure a mechanism exists” and “as directed by Council”.
Councilmember Bier read, “Be it further resolved during an annual review 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, or other Specific Plans, is appropriate to ensure a mechanism exists for formal consideration of the OSTF Report in City decision making including development review.” Asst. City Attorney Bazzano stated as Planning Director Murdock mentioned earlier, this resolved language is fairly specific to the annual review of the General Plan and it will only come up once a year around this time when Planning staff prepares the annual Housing Element report and General Plan report. It is not a general directive which she thinks Councilmember Boles is looking for.
City Manager Woodhouse asked if Planning Director Murdock can elaborate on that.
Planning Director Murdock stated that staff brings forward to Council each year in February for Council direction the annual report on Housing Element implementation which is one of the elements of the General Plan with a very specific annual reporting and review process and all other elements of the General Plan. He stated that, during that process, there is public input and Council gets to consider the city’s progress on implementation of the General Plan and use that process as an opportunity to elevate any issues we are having in the community that might warrant further work in the General Plan to help address them. He gave the example of a desire to further promote non-vehicular transportation and direction to look at the circulation element to figure out if there are policies they can revise or add to bolster the city’s support for biking, walking, etc., and deprioritizing automobile transportation. He stated that would be an opportunity where issues could be elevated and work on the General Plan directed if there is a need to address an emergent community priority.
Mayor pro Tem Beckmeyer wanted to address the general overall involvement of OSPAC in many things and the second to last “be it resolved” clause on packet page 36 is broad and includes reference to what the City Manager said about Council bringing OSPAC in to “engage and collaborate with city staff, other committees, commissions and Pacifica Land Trust in furtherance of its authorized activities.”
Councilmember Boles thought it seemed that authorized activities may include a list.
Mayor pro Tem Beckmeyer stated it is defined in the charter in the beginning.
Councilmember Boles stated that it does not say specific plans anywhere. She stated that one thing they talked about at the study session was about the purview. She stated that OSPAC’s purview would not be to review the building design or the massing but to look at the site plan, fencing, animal corridors, and connection to trails, and she asked if it would be helpful to have a
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more specific definition of their purview.
Mayor pro Tem Beckmeyer thought there was a discussion of a letter of invitation because it was voluntary and perhaps in the body of the letter, it gives some scope to the developer about what they are talking about.
Planning Director Murdock thought it was almost entirely the intent of that item to address what Mayor pro Tem Beckmeyer outlined, i.e., explain the benefits of an applicant coming to give feedback on those kinds of issues. The specific content has not been developed yet as it is one of the follow-on implementations steps that would come from this charter update if adopted in its current form, to articulate and outline those within the broader framework of what the authorizing resolution is intended to do and the types of issues identified in the Open Space Task Force Report and not an open ended list of issues but issues related to open space, habitat, hillsides, as described in the Open Space Task Force Report primarily and their resolution indicates it should continue to be the guiding document for OSPAC’s work.
Councilmember Boles asked if he feels that it is enough to have it in the letter.
Planning Director Murdock agreed, stating it could be too limiting to do that now and there is a process set up to allow OSPAC to delve into that and staff to offer feedback and suggestions and to craft the letter that they think expresses what they are appointed to do.
Councilmember Boles stated that sometimes an applicant chooses not to come, such as in the quarry. She asked if there was an opportunity on some limited scope item for the committee to discuss this, including a staff presentation of the project that is coming up in the beginning but not necessarily agendized.
Asst. City Attorney Bazzano would defer to Planning Director Murdock on how those things are agendized, as she thought they were agendized.
Planning Director Murdock stated that, on OSPAC’s agenda, there is a staff update on sites within the Open Space Task Force Report. Staff provides a brief informational update, not a deliberation item, and that is why there is limited detail in terms of the extent of that, but a oneway informational update on the status of the projects where they are in the process.
Councilmember Boles concluded that they do not deliberate but they could ask questions and come back and comment as individuals if the project is coming.
Planning Director Murdock stated that the item is not set up to be a deliberative format that directs feedback through staff to applicants but meant to provide a status update on where they are in the process.
Councilmember Boles wanted to make sure there is an opportunity for Planning staff to hear OSPAC feedback if they have a particular concern or question. She stated that, at some point, she sent to them that Woodside has a good Open Space Committee and she thought they required developers to come on particular issues. She stated that the other item they asked about was whether their meetings could be in Zoom again as they have more community members attending. Staff’s answer was allowing hybrid meetings for committees and commissions will need to be determined by Council policy and as allowed by state law. She asked if we saw any reasons not to have OSPAC be available on Zoom if they have the capacity in the meeting room.
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City Manager Woodhouse stated that, as related to OSPAC in this conversation, the Zoom capability will be set up in the conference rooms. The issue of whether committee and commission meetings that are meeting in that room will be hybrid Zoom / in person meetings and the reason he says it will be a future Council policy decision is because there are staff resource impacts to conducting hybrid meetings and orchestrating that technology. State law pertains to the committee or commission members themselves and their attendance on Zoom, which not allowed except under certain exceptions, but public participation will need to be a future Council discussion and part of that discussion will have to be staff analysis about who is staffing those meetings, how much does it take to man the public comment queue, etc.
Councilmember Boles asked if they need to agendize that discussion.
City Manager Woodhouse anticipates that, at some point, Council will need to engage in that when they have the ability to analyze what the impact is and the pros and cons of doing it.
Councilmember Boles stated that she can talk about it again when they talk about the budget.
Mayor Vaterlaus asked if Councilmember Boles was proposing that they bring this back at a different date.
Asst. City Attorney Bazzano stated that, if Councilmembers are interested in continuing the item, they can make a motion to continue the item, either to a date certain or uncertain, and that motion will need to be seconded and supported by a majority of Council.
Councilmember Bier stated that they have been working on this for a very long time and she wouldn’t like to continue it.
Mayor pro Tem Beckmeyer and Councilmember Bigstyck concurred.
Mayor Vaterlaus also concurred, stating that it started in April 2022 and OSPAC voted to approve 6-0. She thought Councilmember Boles had good questions and, in the future, they may consider some of those items and changes.
Mayor pro Tem Beckmeyer moved to approve Consent Agenda Item 2; seconded by Councilmember Bigstyck.
AGENDA ITEM #2
RESULT: ADOPTED [4-0]
MOVER: Sue Beckmeyer, Mayor pro Tem
SECONDER: Tygarjas Bigstyck, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck
ABSTAIN: Boles
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.
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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
Mayor Vaterlaus opened public comments for items not on the posted agenda.
Summer Lee, Pacifica, thanked Councilmember Boles as she thought there should be more transparency and more listening to the public, and she feels Councilmember Boles is the only one advocating for the public.
Irene Lee, Pacifica, thanked Councilmember Boles for bringing up things from the general public and asked that Council keep in mind that they represent the public.
Clif Lawrence, Pacifica, thanked Councilmember Boles for stepping up on issues regarding the charter and he then shared his thoughts on the quarry reclamation.
Sue Digre, Pacifica, commended Councilmember Boles and shared her thoughts on the issue of outreaching to the public.
Ellen Hage, Pacifica, stated she was speaking as a resident of Pacifica and American and calling on Council to support the peace resolution, sharing her thoughts on many issues.
Delia McGrath, Pacifica, expressed the importance of the situation in Gaza, sharing her concerns on this issue as well as what is happening and seeing our connection.
Mayor Vaterlaus closed public comment.
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 18 March 25, 2024
COUNCIL COMMUNICATIONS
Mayor pro Tem Beckmeyer stated she met with Economic Development Committee on March 12 and she referred to the Blues and Brews event on April 27. She did a read aloud at Sunset Ridge School on March 15 and had a community meeting on March 16 in the morning and then went to the IBL Youth Summit in the afternoon where they focused on wellness and self-care.
She stated that they had the committee and commission interviews and she also attended the Heal Project fundraiser on the previous Wednesday. She stated that there was a Sea Level Rise Local Government Working Group meeting that she did not need to attend as it was a working day for staff working to consolidate plans to bring forward at the next meeting.
Councilmember Boles stated that they both attended the Pacifica Education Foundation Gala Fundraiser with Councilmember Beckmeyer. She stated that most of them were at a fun event with the Police Department honoring their officers for heroic measures and swearing in four new hires. She continued meetings with Solutions for Supportive Homes in the Pacifica Resource Center for affordable housing projects and new facilities for PRC. She had a meeting with the Emergency Preparedness and Safety Commission. They talked about beach safety and a desire to have a joint session with PB&R. They were talking about working with non-profits and community-based organizations about coordinating some emergency preparedness and they had a Red Cross liaison who told them afterwards about Half Moon Bay and how well their nonprofits are organized so they know what resources they have and how to call upon things in a disaster. She watched the Planning Commission meeting on the quarry and thanked them and residents who attended and had great questions. On Saturday, she attended Council of Cities dinner at the San Mateo County Regional Operations Center, which is the disaster preparation center for the county, and they got a tour from Dr. Shruti Dhapodkar. She stated that in attendance was Warren Slocum, head of Board of Supervisors, and one report he gave was that they had a financial analyst present to the Board of Supervisors and the economic outlook is good for the county in the year ahead. She stated Dave Pine, another county supervisor, was there and he invited the BCDC staff (Bay Conservation and Development Commission) to do a presentation and they were working on sea level rise planning on the bay side which includes all counties and they encouraged agencies to apply for planning grants for sea level rise. She saw the postcard from the San Mateo Leadership Council and the leadership training program she has been doing for the last eight months is now taking applications for next year’s cohort.
Councilmember Bigstyck attended the officer swearing in ceremony on March 12. He attended the Broadmoor Police Protection District meeting. He attended the PRC meeting on March 13 and Councilmember Bier was giving a presentation about “Art for a More Peaceful and Just Community”. They had a clean audit and are looking for more board members. He stated that they have the date of September 21 for the Palm-a-Palooza fundraising event which will celebrate 50 years of PRC. He attended CCAG on March 14 and enjoyed presentations about storm water and about vehicle miles traveled and greenhouse gas emission and mitigation. He stated Mark Simon presented at the Pacifica Democrat Club, adding that he has good insight.
He attended the Youth Summit that Councilmember Bier’s team managed and Chief Sarasua spoke on the topic of “keep kind on your mind.” He watched the Planning Commission meeting and thanked Planning Director Murdock for running that meeting. He urged the community to learn about the due processes we must undergo to facilitate required meetings and appreciated the public participation. He attended commission and committee interviews and went to the LAFCO meeting where the Broadmoor Police Protection District and Municipal Service review was discussed, and will be brought back at the next meeting along with the San Bruno Municipal Service review. He attended the OSPAC meeting last week; they will be doing tabling at WhaleFest on April 20 and they voted to give the 2024 Preservation Award to Julie Lancelle.
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 19 March 25, 2024
He attended the Skyline President’s breakfast and he got to watch The Mayor’s Office with Mayor Vaterlaus interviewing City Manager Woodhouse. He thanked him for what he does for Pacifica while dealing with unkind critiques.
Councilmember Bier attended many of the same events as fellow councilmembers. She thought the police swearing in and honoring the officers was a special event. She attended the EDC meeting where they talked about the Yiftee data and Shop Pacifica and they finalized changes to the charter and discussed the Blues and Brews. Councilmember Bigstyck mentioned the PRC board where she presented about “Art for a More Peaceful and Just Community” and they were looking for anyone who wanted to help with any projects on kindness. She thanked everyone who helped with the Pacifica Youth Summit, especially Chief Sarasua. She thanked PB&R for letting them borrow microphones and thanked her councilmembers for being there and participating with the youth. She thanked PCT for what they did for them, but also for our youth group and livestreaming their podcast that day. She participated in the committee and commission interviews. She attended the President’s breakfast at Skyline. She watched the Planning Commission meeting and thanked them, especially Chair Hauser for running a tight ship. She attended the grand reopening at Asian American Recovery Services in South San Francisco and her colleague, Councilmember James Coman of South San Francisco, was there to give a certificate to Asian American Recovery Services and she spoke with him. She attended Coast Pride’s board meeting where they are doing important anti-racist work and they had a healing circle which made her think back on the Pacifica Peace People’s resolution. She referred to getting feedback at the Planning Commission about our land acknowledgement. She confirmed that they do mean what they are saying about the land acknowledgement. She also thought it was important for staff to reach out to the Ramaytush Ohlone people and representatives coming to their meetings and she will encourage that moving forward as it is an important part of the work they do.
Mayor Vaterlaus also attended many events that other councilmembers did, and she felt the police awards were amazing. She went to Fairmont Homeowners Association and City & County Association of Governments Legislative where they talked about items being brought forward, i.e., on the Brown Act, complete streets, toll upgrades, and banning chemicals in female products. The regular CCAG board meeting was vehicle miles traveled. She met with Sam Liccardo who is running for assembly in our district and walked him around in Rockaway and talked about our issues of sea level rise, sea wall, and Coastal Commission. She went to the community meeting where Matt Larsen did a quarry update, Ray Mueller talk, Sam Liccardo spoke briefly, and Larry Bothan talked about the sea level rise issues of the Local Coastal Update Plan. She stated she was there for a long time answering questions and only went briefly to the Youth Summit. She stated one of her assignments is the Fog Fest board and they were concerned as Fog Fest is basically volunteer-driven and there were not enough people to go forward which was a concern. She attended the President’s breakfast at Skyline and met with a representative from the quarry with his opinions on the project. She met with the Toll Brothers who is working on the purchase of Sea Bowl and she talked to David Szeto who currently owns the Sea Bowl. She also attended the community involvement in planning.
Mayor pro Tem Beckmeyer added that she was honored to be at the Lion’s Club Police and Fire Awards dinner where Pacifica officers were honored with heroism awards and they were proud of them.
Councilmember Bier thanked all the firefighters who showed up at the Youth Summit as it was impressive that there were so many of them.
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 20 March 25, 2024
STAFF COMMUNICATIONS
City Manager Woodhouse stated Mayor pro Tem Beckmeyer mentioned the award at the Peninsula Council of Lions and he will reiterate that it was mentioned by many councilmembers that the Police Department and Chief Sarasua held an incredible event where our newest police officers were sworn in and several officers received the Medal of Valor locally and the officers were Officer Robert Martinez, Corporal Travis Meyerhoff, and Detective Corporal Brandon Smith who were awarded the Valor Award from the Peninsula Council of Lions. He stated that more information will come out in coming weeks, but they found out last week that Pacifica is one of three grand prize winners from the California Association of Local Economic Development (CALED) for an Economic Development award statewide. He stated there were three grand prize winners and three merit winners in three different categories. Pacifica won in the Programs and Promotions category for the Vision 2025 and Beyond Initiative. He felt that was great recognition of all the hard work by Council and staff in bringing it forward. He thanked Asst. City Manager Carter for her work on that as well as Economic Development Manager Tara Schiff on both working to put the application together. He stated that we will be recognized at the annual conference in Santa Rosa on April 11.
Mayor Vaterlaus called a break then reconvened the meeting.
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.
Asst. City Manager Carter presented the staff report.
Councilmember Bigstyck asked since the recommendation was that they shift out of the undesignated fund balance would the approach be that they would make it whole in the coming year and it would be accounted for in the base budget when it comes back to them for the coming fiscal year.
Asst. City Manager Carter responded affirmatively, adding that was why they have emergency reserves so any budget fluctuations will be covered, unless it is something catastrophic that is projected to have effect over the next few years, which is not the case.
Mayor pro Tem Beckmeyer wanted to double check about the reserves that the recommendation is two months of operating expenditures which is slightly less than $8 million.
Asst. City Manager Carter responded affirmatively, adding that the recommendation to city governments is to maintain the minimum level of reserves which is two months of operating revenues and operating expenditures. In our case it is slightly under $8 million and what we see even with the adoptions is that $9 million is undesignated fund balance and they still have emergency reserves and all the other reserves they can see. She highlighted that the unassigned fund balance reserve is shy of $9 million, and in addition to that, they have 8% reserved for emergencies and all the other assigned reserves remain untouched so we are
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 21 March 25, 2024
meeting and exceeding the minimum reserve requirements.
Councilmember Boles wanted to understand the sales tax on the Measure Y numbers. She thought Asst. City Manager Carter said it was mostly until the end of December but sometimes we project further and she asked if the minus $170,000 and minus $300,000 were Asst. City Manager Carter’s projections for the next six months.
Asst. City Manager Carter responded affirmatively, adding that the HdL Sales Tax Division assisting us with the sales tax projections for the whole year. It is important to note that there is a two-month lag of the data that they received from the state which is why the most available data now is to September 2023. Based on that information, HdL revised the projections for the rest of the year, and we see the most relevant, updated projections through June 30. The number may change once they receive the next quarter.
Councilmember Boles stated they have not included the spending season around Christmas.
Asst. City Manager Carter answered affirmatively. She stated it is fine to reduce the number to have the most accurate information at the time we are making this decision but, for the new year’s projections, we will intend to use a different quarter.
Councilmember Boles stated the sales tax is money people spend in Pacifica and Measure Y includes a tax on purchases from Pacificans but they could be spent elsewhere.
Asst. City Manager Carter responded affirmatively, adding it is transaction use tax.
Councilmember Boles wanted to understand the salaries and benefits. She asked about expenditures and cost savings for many positions not filled now. She asked if that is extra money we have but is not accounted for in these numbers or does it show up somewhere.
Asst. City Manager Carter stated it does not show up in the mid-year report but we do go through this exercise for the projections of the salary statements and what it can cover. She referred to July when they adopted memoranda of understanding with salary increases and with the fiscal impacts identified at that time staff told Council about amending the budget. She stated staff is not asking Council to amend the budget as these increases are fully covered by the salary savings from turnover or understaffing. She stated that is why, when they saw the adjustments and position control, in light of vacancies and recruitment, there will be no fiscal impact this year.
Councilmember Boles stated one of her questions before the meeting was about legal expenses which is currently budgeted at about $1.3 million and is projected to stay on target. She asked where cost-reimbursable legal planning work related to development projects, etc., appears.
Asst. City Manager Carter stated that the cost-reimbursable expenses are not going to show here. She stated it is part of the $800,000 reduction that they discussed. She stated that a portion of it is a legal expense that they probably are not going to realize for the end of the fiscal year, as it is budgeted for every potential. As far as channel legal expenses, they are budgeted at $1.3 million and we do not anticipate this number to exceed at the end of the year.
Councilmember Bier asked if Asst. City Manager Carter could explain the vehicle license fee, as the city does not expect the state to pay the back bill this year.
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 22 March 25, 2024
City Manager Woodhouse stated that this is a very serious issue that San Mateo County primarily is battling with the state and it has to do with local property tax conditions and the funding related to school districts in our county. Napa County is another county that is confronted by this short fall in lieu vehicle license fee. Mono County is another county that is confronted by it. He stated it was not widespread across the state. He stated, as Asst. City Manager Carter mentioned, a vehicle license fee is a significant part of our General Fund at about 11% and all cities across the state always relied on vehicle license fee which used to be tied to registration fees that vehicle owners paid to the state and all cities across the state rely on that significantly. He stated that, in the mid-90s, the state implemented a mechanism called the triple flip to balance their budget deficit and keep school payments whole and borrow property tax revenues from cities in order to do that and, in one of the flips in the triple flip, pay back the cities, so we are obligated the money back. He stated that it has gotten to the point, because of the particular circumstances in San Mateo County, for many years now that it is a year-by-year discussion with the state to have them backfill the short fall amount owed. He stated each year the backfill payment lags by two years and this year we received the backfill payment from the 21-22 or 20-21 fiscal year of $600,000+ and the state is in a budget crisis and the Department of Finance is taking a hard line approach, saying they do not think they owe this backfill money. He stated that it was a $1.95 billion issue over ten years for San Mateo County and if the state continues to take that stance and does not pay what they are obligated to pay the cities, that is the impact it will have on San Mateo County, which is a very significant issue that they are fighting on this week, i.e., the mayor will have a strongly worded letter to sign as we did last year to our legislators and the governor about the importance of this money to Pacifica. He asked if that was the explanation she was seeking.
Councilmember Bier agreed.
City Manager Woodhouse stated, when they finish the letter, he will send it to the Councilmembers and they can use the letter in their conversations with anyone and everyone in the state that they interact with. He stated that our local legislators are on board and taking it seriously, but it is a tough one with the Department of Finance. He reiterated what Asst. City Manager Carter previously said: This is why we have our emergency reserve, which is precisely for unexpected state takeaways or other economic impacts, and the reserve is appropriate to use to fill the gap now. Part of it is strategic in their conversations with the state because, at this point in time, they made decisions to save money through various choices, and he felt they need a hard line approach about how impactful this shortfall is to the city, and we have to use reserves and fall below policy level of 10% in order to do this.
Mayor Vaterlaus knows they cannot rely on this, but she asked if they could possibly increase the funds to us at a later time and we would put the money back in reserves.
City Manager Woodhouse stated down the line in a future year, when budget times are better for the state, could they pay us back what they owed us for previous years, yes, it would be great. He stated that we need it every year to rely on, but if there are some years when we have to use some bridge funding but are guaranteed a pay back in future years, that could be a potential solution.
Mayor pro Tem Beckmeyer stated she has a specific question in packet page 214, and it sounds like we need to move $50,000 from tree maintenance to work on lights. She knows that there is a lot of tree maintenance needed so she wants to understand that better.
PW Director Petersen stated that they are requesting $50,000 to go to our street lighting
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 23 March 25, 2024
program as we have a deficit in that budget because of what was talked about in these expense amendments, i.e., there is some work now that is considered not appropriate for our staff to be doing as some has to do with more electrical work on street lights such as the conversions on Palmetto. Because of that, she stated that they do need the $50,000, and as far as the recommendation in the budget, the amendment related to taking it from Fund 10, this is just a fund we have that we felt we may have some money and it was a recommendation to tap that because it is needed and we are already in a deficit with that particular street lighting fund.
Mayor pro Tem Beckmeyer stated that the work is not going to be done by our staff and asked if it is contracted.
PW Director Petersen stated that their street light contractor they put out with an RFP several years ago is St. Francis Electric and they give us set rates which they provided when they got the contract and we do get good rates from them, but it is additional work we have been giving them in order to make sure that would keep the lights on.
Mayor pro Tem Beckmeyer thought it sounded like it will be an ongoing request next year.
PW Director Petersen agreed that is likely.
Mayor pro Tem Beckmeyer asked if we do not have tree work that we need to do with that money this year.
PW Director Petersen stated that we do have tree work, but they felt they would have some additional funds in that budget that they could put towards this as it was a deficit. Because it comes out of the street maintenance fund and are more maintenance types of tree work such as having issues with clearance or things look like they will fall down on cars, it is more of a maintenance type fund they use in regard to streets.
City Manager Woodhouse thought it was important to recognize that Fund 10 is the gas tax maintenance fund and it is not a designated fund just for tree maintenance but used for street and road maintenance and minor improvements and is limited to that to be used for and not intended to be just a tree maintenance fund.
Mayor pro Tem Beckmeyer appreciated the additional clarification. She stated that street maintenance includes trees and lights.
Councilmember Boles stated that the next item was on emergency street repair work for $75,000 and it does not identify where.
PW Director Petersen stated that we have areas of focus in town and we are having another big street maintenance project that is coming up this summer with a couple of million dollars to help some those areas, and they are looking at some areas that get continuous calls for staff. Staff requested to be able to have a one-time contractor come in and fix some areas that are constant and ongoing as it takes a lot of staff time. She stated that there are a few areas on there and they may be more as well, but she does not have the specific locations, but they are small spots, not the whole street.
There were no public comments.
Councilmember Bigstyck thanked staff for the remarkable amount of work on this, going into our
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 24 March 25, 2024
finances on a constant yearly basis. He emphasized the job positions they need to reinstitute and elongate for permanent positions, including the Planning Department, the Police Department, and the Finance Department. He has faith that, when they create the budget this coming year, we will be able to make whole the undesignated fund balance. He will be happy to vote to put into place this part of it to keep it funded and make sure we are taking every opportunity to augment our staff who work so hard and listen to people who think it is appropriate to talk that way to others.
Councilmember Boles thanked them for their work and finding ways to bring the city forward despite the loss of revenue. She stated it looks good and she was ready to make a motion.
Councilmember Boles moved to adopt a resolution authorizing the midyear FY2023-24 Operating and Capital Budget adjustments; seconded by Councilmember Bier.
Mayor Vaterlaus thanked staff for all the constant work on this.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Boles, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
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.
City Clerk Coffey presented the staff report.
Mayor Vaterlaus opened public comments.
Clif Lawrence, Pacifica, thanked everyone for their services. Regarding the Planning Commission, he expressed concern that Chair Hauser return to the Planning Commission. He hopes that is their intention as she is so thoroughly involved in all issues and understands it.
Mayor Vaterlaus closed public comments.
Mayor pro Tem Beckmeyer nominated Daniel Wells for Beautification Advisory Committee; seconded by Councilmember Boles.
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 25 March 25, 2024
APPOINTMENT TO THE BEAUTIFICATION ADVISORY COMMITTEE:
Daniel Wells (full term to expire March 2028)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Mayor pro Tem
SECONDER: Christine Boles, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
Councilmember Boles nominated Michael Kahn for the term to expire May 2026 and Sally Treanor for the term to expire May 2025 for Open Space and Parkland Advisory Committee.
The motion failed as there was no second.
Councilmember Bigstyck nominated Michael Kahn for the term expiring May 2026 and Aaron Reif for the term expiring May 2025 for Open Space and Parkland Advisory Committee; seconded by Councilmember Bier.
APPOINTMENTS TO THE OPEN SPACE AND PARKLAND ADVISORY COMMITTEE:
Michael Kahn (partial term to expire May 2026)
Aaron Reif (partial term to expire May 2025)
RESULT: ADOPTED [4-1]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Beckmeyer, Bier, Bigstyck, Boles
NOES: Vaterlaus
Councilmember Bier moved to appoint Peter Banks to one partial term expiring May 2025 for Parks, Beaches & Recreation Commission; seconded by Mayor pro Tem Beckmeyer.
APPOINTMENT TO THE PARKS, BEACHES AND RECREATION COMMISSION:
Peter Banks (partial term to expire May 2025)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bier, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
Councilmember Bigstyck moved to reappoint Samantha Hauser to the Planning Commission and appoint Chris Redfield; seconded by Mayor pro Tem Beckmeyer.
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes) City Council Regular Meeting 26 March 25, 2024
APPOINTMENTS TO THE PLANNING COMMISSION:
Samantha Hauser (full term to expire March 2028)
Chris Redfield (full term to expire March 2028)
RESULT: ADOPTED [4-1]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck
NOES: Boles
ADJOURN
Mayor Vaterlaus adjourned the meeting at 10:15 p.m.
Transcribed by Barbara Medina, Public Meeting Stenographer.
Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Sue Vaterlaus, Mayor
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Attachment: Attachment A: Minutes of 03-25-2024 Special and Regular Meeting (5632 : Approval of Minutes)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
4/22/2024
1 SUBJECT:
Adopt a Resolution to Approve a Construction Services Agreement with HFS Systems for installation of the Civic Center Alarm System
RECOMMENDED ACTION:
Adopt a Resolution to Approve a Construction Services Agreement with HFS Systems for installation of the Civic Center Alarm System in the amount of $78,795 with a $9,000 (~11%) contingency for a Total Budget Authority of $87,795.
STAFF CONTACT:
Lisa Petersen, P.E., Director of Public Works
650-738-3770
[email protected]
BACKGROUND/DISCUSSION:
During the March 25, 2024, City Council meeting, the Council considered the budget requests in the Mid-Year Budget Report that included Budget Amendment Forms that detailed these requests. One of these requests was for the installation of an alarm system at the new Civic Center Campus. The alarm is necessary for security at the City Hall and P&E Buildings and grounds on the Civic Center Campus (Campus) and includes motion sensors, cameras, card readers and manual locks. As part of the Mid-Year request, the Council approved necessary funds for the alarm system at the new Campus.
The alarm system to be provided is a standard system that is used currently for public buildings and has been reviewed by the City’s Police Department. Related to the alarm components, the system includes door contacts, interior motion sensors, interior cameras (for entrances only) and exterior cameras on the corners of the buildings. The cameras will have 120-day cloud-backup. Entry doors will have card readers at both City Hall and the P&E building. A separate security entrance is also required for the IT room in City Hall. All doors (interior and exterior) will have a key lock.
Due to the urgency of getting the alarm system installed prior to the buildings being occupied, staff reached out to three companies in the area that can provide the needed system and requested a bid for the work. The following written bids were received:
HFS Systems -$78,795
First Alarm - $80,382
SecureCom- $85,169
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Pacifica City Council 2
April 22, 2024
The project low bid came from HFS systems for $78,795. Staff is requesting $9,000 (~11%) for contingency for a total budget authority of $87,795. References related to HFS have been checked and HFS is considered qualified to complete this work.
The City Manager recommends the City Council adopt a Resolution to approve the Construction Services Agreement with HFS Systems for installation of the Civic Center Alarm System in the amount of $78,795 with a $9,000 (~11%) for a Total Budget Authority of $87,795.
ALTERNATIVE ACTION:
Deny the agreement and give staff alternative direction. This is not recommended as the alarm system is necessary for completion of the Civic Center Campus buildings and will secure the buildings and grounds.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Improve and steward City infrastructure, and facilities: Addition of the alarm system will secure the Civic Center Campus and allow staff to move into the new facility.
FISCAL IMPACT:
During Mid-Year Budget Adoption, Council approved $88,000 towards the Civic Center Alarm System from General Capital Improvement Fund Balance (Fund 22).
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
Attachment 1_Agreement_HFS (Howell Electric)_Civic Center Campus Alarm_20240409 (PDF)
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Pacifica City Council 3
April 22, 2024
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA TO APPROVE THE
CONSTRUCTION SERVICES AGREEMENT WTH HFS SYSTEMS FOR INSTALLATION OF THE CIVIC CENTER ALARM SYSTEM IN THE AMOUNT OF $78,795 WITH A $9,000 (~11%) CONTINGENCY FOR A TOTAL BUDGET AUTHORITY OF $87,795.
WHEREAS, the City of Pacifica is finalizing the Civic Center Campus Project; and WHEREAS, the Civic Center Campus needs an alarm system to be complete; and WHEREAS, HFS Systems was the low bid for the alarm system and is considered qualified to complete the work.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to approve the Construction Services Agreement with HFS Systems for installation of the Civic Center Alarm System in the amount of $78,795 with a $9,000 (~11%) for a Total Budget Authority of $87,795.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 22nd day of April, 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 2 Packet Pg. 35
CITY OF PACIFICA
540 Crespi Drive Pacifica, CA 94044
CONSTRUCTION SERVICES AGREEMENT
Civic Center Campus Alarm System
DATE: April 23, 2024
1. IDENTIFICATION OF CONTRACTOR:
CONTRACTOR: HFS Systems (Howell Electric)
CALIFORNIA LICENSE NO: 700113 CLASS: Electrical
2. SCOPE OF THE WORK
See Scope of Work attached as Appendix A.
COMPENSATION FOR WORK. Contractor’s total compensation for the Work performed under this Agreement (seventy-eight thousand seven hundred ninety five dollars) is $78,795 , to be paid as (check one): (1) lump sum; (2) lump sum with progress payments; (3) per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $78,795. All payments (check one):
shall shall not be subject to a five percent (5%) retention.
3. SCHEDULE OF PERFORMANCE FOR THE WORK. Contractor shall commence and complete the Work by the following dates:
Commencement Date shall be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.
Substantial Completion Date: Within 60 working days of Commencement Date.
Final Completion Date: Within 10 working days of Substantial Completion.
4. TERMS AND CONDITIONS.
4.01 Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):
Appendix A – Scope of Work
Appendix B – General Conditions
Appendix C – Insurance
Appendix D – Construction Labor and Materials Payment Bond Appendix E – Construction Performance Bond
Appendix F – Supplemental Conditions
ATTACHMENT 1
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Attachment: Attachment 1_Agreement_HFS (Howell Electric)_Civic Center Campus Alarm_20240409 [Revision 1] (5627 : Resolution - Approve a
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Attachment: Attachment 1_Agreement_HFS (Howell Electric)_Civic Center Campus Alarm_20240409 [Revision 1] (5627 : Resolution - Approve
Appendix A to Construction Services Agreement
SCOPE OF WORK
Scope of Work (A) – Cloud Based Surveillance
Howell Electric shall provide all labor and materials necessary to provide a Surveillance System at the Civic Center Campus located at 1810 Francisco Blvd and 170 Santa Maria Ave. All wire installation of Cat-6E is supplied by others. The Surveillance System shall consist of the following.
Equipment List:
o Nine (5) AVA QUAD-20MP-30 Dome Cameras
o Three (3) AVA Dome-W-4K-30 Dome Cameras
o Four (4) AVA 5MP Dome Camera (5.0C-H6SL-IR-30
o One (1) AVA 360-W Cameras
o Thirteen (13) Mounts
o Thirteen (13) AVA AWA-CLD-1Y Camera licenses of 120 Days Cloud Storage o One POE Switch
o Labor, Programming
Our Proposed Price for this Work is: $44,670.00
AVA Aware Licensing Acknowledgement
AVA Security Cloud Storage of 120 Days 1-year Licensing - $718/camera (Billed in 1-year Increments)
• Above Install price includes first 1-year Licensing for each Camera (13) • Includes 30-days of Onboard and 120 Days of Cloud Storage • Access to Online viewing of Live and Recording
• 10-year camera warranty with active License
Scope of Work (B) – OpenPath Cloud Based Access Control Howell Electric shall provide all labor and materials necessary to provide an OpenPath Access Control System at the Civic Center Campus located at 1810 Francisco Blvd and 170 Santa Maria Ave. All wire installation of Cat-6E is supplied by others. The system shall consist of the following.
Equipment List:
o One (1) Openpath 8ENT-SYS-1224V Door Controllers
o Seven (7) Openpath OP-R2X Readers (Mullion or Standard will be confirmed) o Openpath SW-BSC-P10 Bulk Reader Licenses (10 Licenses) o Labor, Programming
Our Proposed Price for this Work is: $14,250.00
OpenPath Licensing Acknowledgement
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• Openpath Basic Cloud Services-$1,200/1-year (Billed after 1-year) • Above Install price includes first 1-year license for up to (10) Readers. • Mobile Credential and Card Management Free for first 500 Users Scope of Work (C) – Bosch Security Alarm
Howell Electric shall provide all labor and materials necessary to provide a Bosch Security Alarm with two (2) partitions at the Civic Center Campus located at 1810 Francisco Blvd and 170 Santa Maria Ave. The system shall consist of the following.
Equipment List:
o One (1) Bosch Control Communicator
o Two (2) Partitions
o Four (4) Bosch Command Centers
o One (1) Bosch Cell Communicator
o Twenty (20) Motion Detectors
o Ten (10) Status Contacts
o Labor, Programming
Our Proposed Price for this Work is: $19,875.00
Monthly Monitoring Costs:
Monitoring 1810 Francisco (Partition One) $50.00
Monitoring 170 Santa Maris (Partition Two) $50.00
Cellular $35.00
Total: $135.00
Total Costs Scope (A) $44,670.00
Total Costs Scope (B) $14,250.00
Total Costs Scope (C) $19,875.00
Total Project Costs: $78,795.00
CLARIFICATIONS
o All work will be performed during normal business hours (6:00am to 4:30pm) and normal working conditions.
o All prices are proposed as Prevailing Wage.
o All wiring shall be supplied and installed by others. o All prices quoted are valid for thirty (30) days of issuance, subject to written acceptance if entering into a mutually acceptable subcontract or purchase order. o All existing Network cabling is assumed to be in good working order.
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Attachment: Attachment 1_Agreement_HFS (Howell Electric)_Civic Center Campus Alarm_20240409 [Revision 1] (5627 : Resolution - Approve a
TERMS AND CONDITIONS
Prior to the installation start Howell Electric will invoice 30% for mobilization.
Payment is due Thirty (30) days from the date of invoice.
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Appendix B to Construction Services Agreement
GENERAL CONDITIONS
ARTICLE 1 TERMS OF PERFORMANCE
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.
Construction Performance Bond; Construction Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.
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).
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).
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.
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
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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.
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 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.
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.
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
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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.
LEGAL
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, anti-kick-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.
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.
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.
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.
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
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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.
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.
MISCELLANEOUS
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.
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.
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.
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.
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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.
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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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 SelfInsurance, 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.
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Appendix D to Construction Services Agreement
CONSTRUCTION LABOR AND MATERIAL PAYMENT 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 HFS (Howell Electric) as Principal a Construction Services Agreement, dated the 23rd of April 2024 (Agreement), titled Civic Center Campus Alarm System located at the City of Pacifica in the amount of $78,795.00 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:
Howell Electric shall provide all labor and materials necessary to provide a Surveillance System at the Civic Center Campus located at 1810 Francisco Blvd and 170 Santa Maria Ave. All wire installation of Cat-6E is supplied by others. Howell Electric shall provide all labor and materials necessary to provide an OpenPath Access Control System at the Civic Center Campus located at 1810 Francisco Blvd and 170 Santa Maria Ave. All wire installation of Cat-6E is supplied by others. Howell Electric shall provide all labor and materials necessary to provide a Bosch Security Alarm with two (2) partitions at the Civic Center Campus located at 1810 Francisco Blvd and 170 Santa Maria Ave.
1. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
2. NOW, THEREFORE, we, the undersigned Principal and ______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($_________________), 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.
3. 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.
4. 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.
5. 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.
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6. 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.
7. 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
END OF DOCUMENT
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Appendix E to Construction Services Agreement
CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
2. THAT WHEREAS, City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to HFS (Howell Electric) as Principal a Construction Services Agreement, dated the 23rd of April 2024 (Agreement), titled Civic Center Campus Alarm System located at the City of Pacifica in the amount of $78,795.00 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:
Howell Electric shall provide all labor and materials necessary to provide a Surveillance System at the Civic Center Campus located at 1810 Francisco Blvd and 170 Santa Maria Ave. All wire installation of Cat-6E is supplied by others. Howell Electric shall provide all labor and materials necessary to provide an OpenPath Access Control System at the Civic Center Campus located at 1810 Francisco Blvd and 170 Santa Maria Ave. All wire installation of Cat-6E is supplied by others. Howell Electric shall provide all labor and materials necessary to provide a Bosch Security Alarm with two (2) partitions at the Civic Center Campus located at 1810 Francisco Blvd and 170 Santa Maria Ave.
3. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;
4. 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.
5. 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.
6. 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.
7. Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:
7.01 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
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7.02 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.
8. 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.
9. 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.
10. Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.
11. 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
See Plans, Specifications and Estimates.
2. Shop Drawings
Shop drawings maybe 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.
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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 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
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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.
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
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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.
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:
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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, 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.
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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
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.
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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
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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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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CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
4/22/2024
1 SUBJECT:
Adopt a Resolution Authorizing the Revisions to the 2019 Economic Development Committee (EDC) Charter
RECOMMENDED ACTION:
Move to adopt a Resolution of the City Council to approve the revisions to the Economic Development Committee (EDC) Charter, per the Joint Study Session on March 25, 2024.
STAFF CONTACT:
Tara G. Schiff, Economic Development Manager
(650) 501-6007
[email protected]
Yulia Carter, Assistant City Manager
(650) 501-6004
[email protected]
BACKGROUND:
In 2011, 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 original EDC charter was revised in 2019 by Resolution No. 09-2019.
April 11, 2022: The City Council adopted 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: The City Council had Discussion, directed staff to conduct commission/committee reviews and approach to gathering information from commission/committee members about their work.
January 5, 2024: City Council created 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 EDC members to gauge their responses on various topics related to their work.
January 30, 2024: Consistent with the City Council ad hoc subcommittee’s input, staff launched an online survey to seek individual EDC member input.
February 13, 2024: At the monthly EDC meeting, committee members discussed the survey 3 Packet Pg. 59
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April 22, 2024
question results and the possible revisions of the existing charter.
March 12, 2024: EDC voted on draft amended resolution for charter revisions for City Council consideration (Exhibit A). The vote passed 6-0 (with three absences) to transmit the draft charter amendments in Exhibit A to City Council.
On March 25, 2024, the EDC participated in a joint study session with City Council to discuss the revision of the 2019 Charter. Key provisions in the draft charter amendments to be included in the EDC’s charter are summarized as follows:
· Adding 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.”
· Adding 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.”
· Amending the committee membership by stating that “The EDC will be comprised of nine (9) 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 members asked current Committee members questions about the proposed Charter revisions, such as the requirement for EDC members to be residents of the City of Pacifica. It was determined by current Committee members that they felt residency should be a requirement, as they are representing the City of Pacifica. Another question was regarding the opportunity for EDC members to provide input on the economic impact of activities within the City. The City Manager responded that it is customary for City Council to ask all of the City's committees and commissions to provide input on local government projects as pertinent and relevant.
The revisions to the existing Charter were agreed upon as proposed and summarized above.
Therefore, the City Manager recommends the Council adopt a Resolution approving the revisions to EDC's Charter, per the March 25, 2024 Study Session discussion.
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:
Adoption of the Resolution is consistent with the adopted City Goal to Broaden public communications and collaboration and the following City Council’s Priority Work Plan for Fiscal Year (FY) 2023-24, which included Item No. 13 - Review City Commission and Committee Charters.
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FISCAL IMPACT:
There is no direct fiscal impact from a revision of the charter.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
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April 22, 2024
RESOLUTION NO._______ -2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA RESCINDING RESOLUTION NO. 09-2019 AND ADOPTING REVISIONS TO THE ECONOMIC
DEVELOPMENT COMMITTEE CHARTER
WHEREAS, under the direction of the Pacifica City Council and as administered by the Economic Development Program in the City Manager’s Office, the Economic Development Committee (EDC) exists to support the City’s economic development goals, including the retention of local businesses in Pacifica, the development and expansion of local businesses, and assist in the attraction of new businesses to Pacifica; and WHEREAS, the objectives of the 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 the committee will be provided with additional opportunities to provide input on the economic impact of development within the City; and WHEREAS, the EDC members will be: 1) Residents of the City of Pacifica; 2) Possess knowledge of business and/or local economic development; 3) Have a passion for the local community; and
WHEREAS, the EDC will be comprised of nine (9) 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; and
WHEREAS, the committee shall select one of its members to act as Chair and another as Vice-Chair on an annual cycle each July; and
WHEREAS, the City Manager or designee shall serve as staff liaison to the EDC and at least one City Councilmember shall be appointed by City Council to serve as Committee liaison.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Pacifica does hereby rescind Resolution No. 09-2019 and amend the Economic Development Committee Charter as listed above and further detailed in the attached Exhibit A. • • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 22nd day of April, 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
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April 22, 2024
ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 3 Packet Pg. 63
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April 22, 2024
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. At least one Councilmember shall be appointed by the City Council to serve as Committee 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. 3 Packet Pg. 64
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
4/22/2024
1 SUBJECT:
Resolution of Intention to Continue the Business Improvement District Program and Levy the Annual Assessments for the Fiscal Year 2024-2025
RECOMMENDED ACTION:
Adopt the resolution entitled "A Resolution of the City Council of the City of Pacifica Confirming the Annual Report of the Advisory Board of the Pacifica Hotels and Business Improvement District (BID) and Declaring the City Council's Intention to Continue the BID Program and Levy the Annual Assessments for the Fiscal Year 2024-2025 at the Same Rate as Levied in the Fiscal Year 2023-2024 Without Change" and set the date of June 24, 2024, for the Public Hearing on the annual levy of assessments on hotels within the BID.
STAFF CONTACT:
Yulia Carter, Assistant City Manager
(650) 738-7402
[email protected]
BACKGROUND AND DISCUSSION:
Pursuant to California Streets and Highways Code sections 36500 et. seq., the City Council of the City of Pacifica adopted Ordinance No. 714-C.S creating the Pacifica Hotel Business Improvement District and levying an annual assessment of $1.00 per room per day of occupancy on the hotels in the City.
This agenda item is bringing forward a resolution of intent to continue levying the assessment at the current rate, consistent with the regular annual process brought forward before the Council each year to ensure continuous assessment with no break or interruption.
The attached Pacifica Hotel Business Improvement District (BID) report was filed with the City Clerk on April 17, 2024, detailing proposed assessments and expenditures budget, as required by the California Streets and Highways Code Section 36533 (Attachment 1).
The boundaries of the Pacifica Hotels Business Improvement District will not change this year.
The proposed assessment is intended to be continued at $1.00 per room per day occupancy and is estimated to generate approximately $75,000 in revenues for the BID activities in FY2024-25.
Before levying the assessment for the 2024-2025 fiscal year, the statute requires the City Council to adopt a resolution to 1) review and accept the annual report, 2) declare its intent to levy the annual assessment and the rate at which the assessment will be levied, and 3) set the time and place for a public hearing to receive anyprotests.
Therefore, the City Manager recommends that the Council adopt the resolution of intent to continue the assessment and set the public hearing date for June 24, 2024. 4 Packet Pg. 65
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Written and oral protests to the levy of the annual assessment may be made at the public hearing in the form and manner prescribed in Sections 36625 and 36626 of the California Streets and Highway Code up until the close of the public hearing.
ALTERNATIVE ACTION:
The City Council may elect not to renew the Pacifica Hotel BID assessment for FY2024-25 or delay the adoption of the resolution to levy the assessment until a later date.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
"Enhancing Organizational and Fiscal Sustainability" includes investing in economic development to increase revenues and improve the local economy.
FISCAL IMPACT:
There is no fiscal impact associated with this action. The City does not collect fees for administering the BID assessments.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
BID Annual Report (PDF)
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April 22, 2024
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA CONFIRMING THE
ANNUAL REPORT OF THE ADVISORY BOARD OF THE PACIFICA HOTEL BUSINESS
IMPROVEMENT DISTRICT (BID) AND DECLARING THE CITY COUNCIL'S INTENTION TO
CONTINUE THE BID PROGRAM AND LEVY THE ANNUAL ASSESSMENTS FOR THE FISCAL YEAR 2024-2025 AT THE SAME RATE AS LEVIED IN THE FISCAL YEAR 2023- 2024 WITHOUT CHANGE
WHEREAS, pursuant to California Streets and Highways Code sections 36500 et. seq., the City Council of the City of Pacifica adopted Ordinance No. 714-C.S. in 2004, creating the Pacifica Hotel Business Improvement District and levying an annual assessment of $1.00 per room per day of occupancy on the hotels in the City; and WHEREAS, the Pacifica Hotel Business Improvement District ("BID") has been operating and levying an annual assessment of $1.00 per room per day of occupancy on the hotels in the City continuously since 2004, including the fiscal year 2023-2024; and
WHEREAS, pursuant to Streets and Highways Code section 36533, the Pacifica Hotel Business Improvement District Advisory Committee has prepared and filed with the City Clerk an annual report regarding the District's operations that proposes to continue the program and assessments for the fiscal year 2024-2025 at the same amount as levied for the fiscal year 2023-2024; and
WHEREAS, the City Council desires to adopt this Resolution to acknowledge the Advisory Committee's report and declare its intent to continue the BID program and assessments as levied in the fiscal year 2023-2024 at $1.00 per room per day of occupancy on the hotels in the City without change for the fiscal year 2024-2025.
RESOLVED by the City Council of the City of Pacifica, California, that:
1. Declaration of Intent to Levy Annual Assessment. The City Council hereby declares its intent to continue the BID program and levy and collect the assessment of $1.00 per room per day of occupancy on the hotels in the City of Pacifica without change for the fiscal year 2024-2025.
2. The District shall continue to be called the "Pacifica Hotel Business Improvement District.” The boundaries of the district shall continue to include the city limits of the City of Pacifica.
3. Improvements and Activities. The assessment from the funds levied by the businesses shall continue to be used to promote lodging at the hotels within the district, administer marketing programs that increase overnight lodging, fund related activities, and staffing and administration for the district as directed by the district and filed with the City Clerk.
4. Public Hearing. The City Council hereby sets Monday, June 24, 2024, as the date for the public hearing on the annual levy of assessments on hotels within the BID. The public hearing will be held at 7:00 p.m. or as soon after that as practicable. Public 4 Packet Pg. 67
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Comments may be submitted by email to: [email protected] and clearly indicate the submitter's full name, meeting date, and Agenda Item number. Refer to the meeting agenda to be published within 72 hours in advance of the meeting date to confirm the meeting format and public participation details.
5. Protest Procedures. Written and oral protests to the levy of the annual assessments may be made at the public hearing in the form and manner prescribed in Sections 36624 and 36625 of the California Streets and Highways Code.
6. Notice of Hearing. The City Clerk is directed to provide notice of the public hearing on the proposed annual levy of assessments within the BID in the manner prescribed by California Streets and Highways Code section 36534 and by mailing copies of said notice and this Resolution to each business subject to the assessment.
7. Effective Date and Certification. The City Clerk is directed to certify the adoption of this Resolution. The Resolution shall take effect immediately upon its adoption by the City Council.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 22nd day of April, 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. 68
CITY OF PACIFICA
540 Crespi Drive • Pacifica, California 94044-3422
www.cityofpacifica.org
TO: Sarah Coffey, City Clerk
FROM: Yulia Carter, Assistant City Manager
CC: BID Advisory Board
DATE: April 17, 2024
SUBJECT: Pacifica Hotel Business Improvement Annual Report Pursuant to section 36533 of the Streets and Highways Code, an annual report should be prepared each fiscal year for which assessments are to be levied and collected to pay for the cost of the improvements and activities described in the report. There are no proposed changes to the boundaries of the Pacifica Hotel Business Improvement District (PHBID) this year.
The annual report should include the following information:
1. Any proposed changes in the boundaries of the parking and business improvement area or in any benefit zones within the area.
2. The improvements and activities to be provided for that fiscal year.
3. An estimate of the cost of providing the improvements and the activities for that fiscal year.
4. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
5. The amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
6. The amount of any contributions to be made from sources other than assessments levied pursuant to this part.
The City Council may approve the report as filed by the advisory board or may modify any particular contained in the report and approve it as modified.
FY 2023-24 has been a transitional year for the PHBID, which is reflected in the unusual nature of this annual report. It essentially confirms holding on to the assessment funds pending
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Attachment: BID Annual Report (5630 : Resolution of Intention to Continue the 1989 Business Improvement District Program) upcoming decisions regarding the future of the business improvement district, assessment of funds, subsequent adoption of programs and activities, and allocation of funds.
Last year, the City Council adopted an ordinance to amend Pacifica Municipal Code Section 3-
17.03 to remove the provision for allocating funds within thirty days and replace the Pacifica Chamber of Commerce with the City of Pacifica as the BID's managing agency.
At the BID meeting preceding this Council action, the board discussed the BID Governance structure and whether the BID program and assessment should continue. The following three options were considered by the board:
1. Dissolution of the BID.
2. Continuing the assessment but changing the BID governance structure, such as changing the managing agency from the Chamber of Commerce to the City or any non-profit organization.
3. Continue with the existing assessment and governance structure.
After the open discussion, the majority of the BID hotel representatives voted for option two and expressed their desire to:
1. Continue the assessment at the current rate;
2. For the City of Pacifica to assume the role of the Managing Agency for the BID moving forward and
3. For the City to safeguard the assessed funds in a separate fund without spending them until
a. The City of Pacifica’s ARPA-funded budget for marketing programs and initiatives (including promotions and Workcation campaign) runs out as of the end of FY 2023-24, and
b. The BID fully completes the administrative transition from the Chamber of Commerce, the former managing agency, to the City and develops a comprehensive plan to market Pacifica as a destination in early FY 2024-25.
On July 10, 2023, the City Council adopted an ordinance to amend the Pacifica Municipal Code Section 3-17.03 to replace the Pacifica Chamber of Commerce as the Managing Agency of the BID with the City of Pacifica.
Pursuant to the City Council’s action and BID direction, City staff created a separate fund to secure and safeguard the BID assessment for the remainder of FY 2023-24.
Staff also held subsequent meetings with the BID board and Chamber of Commerce to complete the evaluation of the BID assets and liabilities and worked diligently through the transition with the Chamber of Commerce, which was completed by December 2023.
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Attachment: BID Annual Report (5630 : Resolution of Intention to Continue the 1989 Business Improvement District Program) In early 2024, staff explored various options for creating a sustainable revenue source to help fund ongoing marketing and promotion efforts for all Pacifica lodging businesses. Knowing that a benefit assessment district approach has been successfully used in other destination areas throughout the state to improve tourism and occupancy rates, staff prepared several options for the BID consideration. Over the last several months, staff have worked with the BID members individually and in small group meetings to discuss the hoteliers’ economic development needs, desired marketing programs, activities, and potential funding mechanisms to achieve their goals.
The option that is currently under active consideration of the BID is to convert the current Pacifica Business Improvement District (PHBID) that was formed pursuant to the Parking and Business Improvement Area Law of 1989 (89’ Law). The City of Pacifica and Pacifica lodging businesses now seek to modernize the PHBID by forming a new Pacifica Tourism Marketing District (PTMD) pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. (94 Law) and disestablishing the PHBID formed under the 89 Law.
There will be more discussion in the upcoming Council meeting related to legal differences and benefits of this conversion, but this work is being mentioned in this report because the timing of this decision affected the FY 2023-24 plan of programs and activities, and will significantly impact the BID work plan and funding capacity for the upcoming FY 2024-25 fiscal year.
If the new Pacifica Tourism Marketing District (PTMD) is formed under the 94’ Law, the BID budget for marketing programs, improvements, and activities is projected to increase, and the board will have to define and approve it.
If the new district is not formed in time, the renewal of the existing PHBID will occur in parallel and be in place by July 1, 2024, pursuant to the legal requirement of the Streets and Highways Code section 36600 et.seq.
In any case, staff plans to hold the BID meeting in early July 2024 to discuss and adopt the district’s plan of activities, programs, and budget.
Given the potential transition from a PHBID to a PTMD, the estimated cost to the PHBID of providing the improvements and activities for the next fiscal year, FY 2024-25, is about $140,000.
There will be no change to the method and amount of the assessment for the PHBID for the next fiscal year FY 2024-25.
The amount of any surplus or deficit revenues to be carried over from a previous fiscal year to the next fiscal year, FY 2024-25, is approximately $68,000.
No contributions from sources other than assessments levied are expected.
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Attachment: BID Annual Report (5630 : Resolution of Intention to Continue the 1989 Business Improvement District Program)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
4/22/2024
1 SUBJECT:
Resolution of Intention to Establish the Pacifica Tourism Marketing District RECOMMENDED ACTION:
Adopt the Resolution of Intention to establish the Pacifica Tourism Marketing District (PTMD).
Adoption of this Resolution will result in a public meeting on June 10, 2024, and a public hearing on June 24, 2024, on the formation of the Pacifica Tourism Marketing District (PTMD) and the levy of assessments on hotels and short-term vacation rentals.
BACKGROUND
The PTMD is a benefit assessment district proposed to create a revenue source to help fund marketing and sales promotion efforts for Pacifica hotels and short-term vacation rentals. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed hotels and lodging businesses. The proposed PTMD includes all hotels and all short-term vacation rental businesses (hereinafter referred to collectively as “lodging businesses”), existing and in the future, available for public occupancy located within the boundaries of the City of Pacifica.
Lodging business owners decided to pursue the formation of the PTMD to create a revenue source devoted to marketing Pacifica as a tourist, meeting, and event destination. If established, the PTMD would generate approximately $286,000 on an annual basis for promoting travel and tourism specific to Pacifica.
TOURISM MARKETING DISTRICTS
Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operations in the market-based promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TMD fund the TMD and those funds are used to provide services that are desired by and benefit the lodging businesses within the TMD.
TMD benefits:
➢ Funds cannot be diverted for other government programs; ➢ They are customized to fit the needs of each destination; ➢ They allow for a wide range of services, including: destination marketing, tourism promotion, and sales lead generation;
➢ They are designed, created, and governed by those who will pay the assessment, and ➢ They provide a stable funding source for tourism promotion.
In California, TMDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between TMDs and other special benefit assessment districts is that funds raised are returned to the private nonprofit corporation governing the TMD. 5 Packet Pg. 72
Pacifica City Council 2
April 22, 2024
MANAGEMENT DISTRICT PLAN
The Management District Plan (Plan) includes the proposed boundary of the PTMD, a service plan and budget, and a proposed means of governance. The PTMD will include all lodging businesses, existing and in the future, available for public occupancy, located within the boundaries of the City of Pacifica.
The annual assessment rate is one percent (1%) of gross short-term sleeping room rental revenue. Annually, the Owner’s Association may increase or decrease the assessment rate by a maximum of one-quarter of one percent (0.25%) of gross short-term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days; any officer or employee of a foreign government, which officer or employee is exempt by reason of an express provision of Federal law or international treaty.
The proposed PTMD will have a five (5) year term, beginning July 1, 2024, or as soon as possible thereafter, and ending five (5) years from its start date. The assessment will be implemented beginning July 1, 2024, or as soon as possible thereafter. Once per year, beginning on the anniversary of PTMD formation, there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the PTMD.
The City of Pacifica may enter into a contract with a non-profit organization to serve as the Owners’ Association for the PTMD. The Owners’ Association is charged with managing funds and implementing programs in accordance with the Plan and must provide annual reports to the City Council.
The City will collect the assessment monthly from each assessed lodging business located within the PTMD's boundaries. If the City contracts with an Owner’s Association, the City shall forward the assessments collected to the Owners’ Association, less any estimated costs associated with administering the assessment. If actual costs exceed the estimated amount withheld, then the PTMD shall reimburse the City of Pacifica.
PTMD FORMATION PROCESS
April 22, 2024 RESOLUTION OF INTENTION HEARING
Upon the submission of a written petition, signed by the business owners in the proposed district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the City Council (Council) may initiate proceedings to establish a district by the adoption of a resolution expressing its intention to establish a district.
Petition Status: Petitions in favor of PTMD formation were submitted by the majority of lodging businesses, which represents over 50% of the total PTMD assessment. This majority petition allows the Council to initiate proceedings for PTMD formation at the April 22, 2024 meeting.
No later than
May 10, 2024 NOTICE
The 94 Law requires the City to mail written notice to the owners of all businesses proposed to be within the PTMD. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest PTMD formation.
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Pacifica City Council 3
April 22, 2024
June 10, 2024 PUBLIC MEETING AND INTRODUCTION/FIRST READING OF
ORDINANCE
Allow public testimony on the formation of the PTMD and levy of assessments. No Council action required.
At the public meeting, the Council shall introduce and conduct the first reading of the ordinance forming the PTMD and levying the assessment.
June 24, 2024 FINAL PUBLIC HEARING AND SECOND READING/ADOPTION OF
THE ORDINANCE
If written protests are received from the owners of businesses in the proposed PTMD, which will pay fifty percent (50%) or more of the assessments proposed to be levied, and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council.
If the Council, following the public hearing, decides to establish the proposed PTMD, the Council shall adopt a resolution of formation.
Following a successful public hearing and first reading of the ordinance, the Council shall convene to hold a second reading of the ordinance, forming the PTMD and levying the assessment. Upon successful passage of the ordinance, the PTMD shall be formed, and the ordinance shall go into effect thirty (30) days after successful passage of the ordinance.
ALTERNATIVES
The Council could choose not to adopt the Resolution of Intention. Staff does not recommend this option as it would prevent securing ongoing revenues for marketing programs and activities to promote Pacifica as a destination to benefit Pacifica’s hospitality industry.
FISCAL IMPACT
There is no immediate fiscal impact related to this action. The City of Pacifica will receive the estimated costs associated with administering the assessment. Because the PTMD programs are intended to increase visitation to the City, of Pacifica there may be future increase in transient occupancy tax and sales tax collections.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
5 Packet Pg. 74
Pacifica City Council 4
April 22, 2024
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA DECLARING ITS
INTENTION TO ESTABLISH THE PACIFICA TOURISM MARKETING DISTRICT (PTMD)
AND IDENTIFY THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING
THEREON AND GIVING NOTICE THEREOF
WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City of Pacifica (City) to establish business improvement districts for the purposes of promoting tourism; and WHEREAS, Pacifica lodging business owners and representatives from the City have met to consider the formation of the PTMD; and
WHEREAS, a Management District Plan (Plan) has been drafted which sets forth the proposed boundary of the PTMD, a service plan and budget, and a proposed means of governance; and
WHEREAS, the proposed PTMD includes all hotels and all short-term vacation rental businesses (hereinafter referred to collectively as “lodging businesses”), existing and in the future, available for public occupancy located within the boundaries of the City of Pacifica; and WHEREAS, lodging businesses who will pay more than fifty percent (50%) of the assessment under the PTMD have petitioned the City Council to establish the PTMD.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
1. The recitals set forth herein are true and correct.
2. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the formation of the PTMD. The City Council accepts the petitions and adopts this Resolution of Intention to establish the PTMD and to levy an assessment on all lodging businesses, existing and in the future, within the PTMD boundaries in accordance with the Property and Business Improvement District Law of 1994.
3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code § 36622.
4. The City Council declares its intention to establish the PTMD and to levy and collect assessments on lodging businesses within the PTMD boundaries pursuant to the Property and Business Improvement District Law of 1994.
5. The PTMD shall include all lodging businesses, existing and in the future, located within the boundaries of the City of Pacifica, as shown in the map attached as Exhibit A.
6. The name of the district shall be Pacifica Tourism Marketing District (PTMD). 5 Packet Pg. 75
Pacifica City Council 5
April 22, 2024
7. The annual assessment rate is one percent (1%) of gross short-term sleeping room rental revenue. Annually, the Owner’s Association may increase or decrease the assessment rate by a maximum of one-quarter of one percent (0.25%) of gross shortterm sleeping room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; any officer or employee of a foreign government, which officer or employee is exempt by reason of express provision of Federal law or international treaty.
8. The assessments levied for the PTMD shall be applied toward marketing and sales promotions and destination development programs to market assessed lodging businesses in Pacifica as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which PTMD assessments are levied as long as they are used consistent with the requirements of this resolution, the Ordinance and the Plan.
9. The proposed PTMD will have a five (5) year term, beginning July 1, 2024 or as soon as possible thereafter, and ending five (5) years from its start date unless renewed pursuant to Streets and Highways Code § 36660.
10. Bonds shall not be issued.
11. The time and place for the public meeting to hear testimony on establishing the PTMD and levying assessments are set for June 10, 2024, at 7:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 2212 Beach Blvd., Pacifica, CA 94044. Following the public meeting, the City Council shall move to introduce and conduct the first reading of the Ordinance to establish the PTMD and initiate the levy of assessments.
12. The time and place for the public hearing to establish the PTMD and the levy of assessments are set for June 24, 2024, at 7:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 2212 Beach Blvd., Pacifica, CA 94044. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code § 36623, no later than May 10, 2024.
13. At the public meeting and hearing, the testimony of all interested persons for or against the establishment of the PTMD may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the proposed PTMD that will pay fifty percent (50%) or more of the estimated total assessment of the entire PTMD, no further proceedings to establish the PTMD shall occur for a period of one (1) year.
14. Following a successful public hearing, at the same City Council meeting on May 10, 2024, held at Council Chambers located at 2212 Beach Blvd., Pacifica, CA 94044, the City Council may conduct a second reading of the Ordinance to establish the PTMD and to initiate the levy of assessments. At the conclusion of the second reading of the Ordinance, the City Council may adopt the Ordinance, establishing the PTMD and levying the assessments.
15. The complete Plan is on file with the City Clerk and may be reviewed upon request.
16. This resolution shall take effect immediately upon its adoption by the City Council. 5 Packet Pg. 76
Pacifica City Council 6
April 22, 2024
• • • • •
I HEREBY CERTIFY that the foregoing Resolution of Intention was introduced and adopted at a special and regular meeting of the City Council on the 22nd day of April 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. 77
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
4/22/2024
1 SUBJECT:
Continuation of Adjourned Special Meeting from April 15, 2024 - Modifications to the City of Pacifica’s Revised Certification Draft Local Coastal Land Use Plan (LCLUP), including the Special Resiliency Area policies, and direction to staff regarding transmittal of alternative modifications to the California Coastal Commission
RECOMMENDED ACTION:
Continue deliberations from the Adjourned Special Meeting from April 15, 2024 to consider and confirm alternative modifications to the Revised Certification Draft LCLUP to be transmitted to the California Coastal Commission.
STAFF CONTACT:
Christian Murdock, AICP, Planning Director
(650) 738-7341
[email protected] <mailto:[email protected]>
Stefanie Cervantes, AICP, Senior Planner
(650) 738-7341
[email protected] <mailto:[email protected]> BACKGROUND/DISCUSSION:
This Item is a continuation of the Adjourned Special Meeting of the City Council from April 15, 2024. Please refer to the Staff Report and Attachments published under the Full Agenda Packet from April 15, 2024 available via the following link:
<https://pacificacityca.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1527> California Environmental Quality Act (CEQA):
Adoption of the Revised Certification Draft LCLUP with Alternative Modifications would be exempt from CEQA pursuant to Section 15266 of the CEQA Guidelines (“Adoption of Coastal Plans and Programs”) which provides that “CEQA does not apply to activities and approvals pursuant to the California Coastal Act…by (1) Any local government, as defined by Section 30109 of the Public Resources Code, necessary for the preparation and adoption of a local coastal program…” Section 15265 further provides that “CEQA shall apply to the certification of a local coastal program… by the California Coastal Commission.” ALTERNATIVE ACTION:
No alternative action has been identified.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
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Pacifica City Council 2
April 22, 2024
The Local Coastal Land Use Plan Update is consistent with the following item(s) in the Counciladopted Strategic Plan and Priority Work Plan for FY 2023-24:
• Goal 4: Pursue climate change adaptation and mitigation. o Strategy C: Update Pacifica’s Local Coastal Plan and improve communications and collaboration with the California Coastal Commission.
FISCAL IMPACT:
There is no direct fiscal impact from this item.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
6 Packet Pg. 79