Pacifica City Council
August 12, 2024

CITY OF PACIFICA

CITY COUNCIL AGENDA
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Sue Vaterlaus
Mayor pro Tem Sue Beckmeyer
Councilmember Mary Bier
Councilmember Tygarjas Bigstyck
Councilmember Christine Boles
City Council Regular Meeting 1 August 12, 2024
SPECIAL and REGULAR MEETING
August 12, 2024 (MONDAY) – 6:00 PM
www.cityofpacifica.org
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Vehicles parked without permits are subject to citation. You should obtain a permit from the rack in the lobby and place it on the dashboard of your vehicle in such a manner as is visible to law enforcement personnel.

PLEASE SILENCE CELL PHONES DURING MEETING
Alternative Ways to Observe and Participate in the Meeting:

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

Please note that Alternative platforms for participation are subject to underlying technology functionality and may be modified or interrupted at any time without notice. • Written Public Comments:

BEFORE THE MEETING: Written public comments may be submitted in advance by 12:00 p.m. on the meeting date by email to: [email protected]. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public Comment on Item Not on Agenda” in the Subject Line
• Include the submitter’s full name
Written public comments received by 12:00 p.m. on the meeting date will be provided in their entirety to the City Council and posted to the City’s website prior to the meeting but will not be read verbally at the meeting.

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

City Council Regular Meeting 2 August 12, 2024
6:00 PM OPEN SESSION
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.

Salute to the Flag led by Mayor pro Tem Beckmeyer

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

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

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

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

1. Approval of Disbursements for 07/01/24 through 07/31/24.

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

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the June 10, 2024 City Council Special and Regular Meeting.

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

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

City Council Regular Meeting 3 August 12, 2024

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

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

5. Move to adopt Resolution Terminating Proclamation of Local Emergency at the Carmel Avenue from Vallejo Terrace to Canyon Drive and Accepting Invoices from Pacific Trenchless for emergency repair work at Carmel Avenue from Vallejo Terrace to Canyon Drive covered by the Proclamation of Local Emergency from June 17, 2024.

PROPOSED ACTION: Move to Adopt Resolution for:

A) Terminating Proclamation of Local Emergency (Attachment 1) at the Carmel Avenue from Vallejo Terrace to Canyon Drive
B) Accepting Invoices (Attachment 2) from Pacific Trenchless for emergency repair work at Carmel Avenue from Vallejo Terrace to Canyon Drive covered by the Proclamation of Local Emergency from June 17, 2024, for a total of $298,607.00.

6. Notice of Completion for the Mid-Block Crosswalk Safety Improvement Project PROPOSED ACTION: Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file the Notice of Completion for the Mid-Block Crosswalk Safety Improvement Project; and authorize the City Manager to release the retention funds to the contractor.

7. Approval of Consultant Services Agreement between the City of Pacifica and NCE for Design and Engineering Services related to the FY 2025-26 Pavement Resurfacing Project
PROPOSED ACTION: Adopt a Resolution Authorizing a Consultant Services Agreement with NCE for design and engineering services in the amount of $183,200 in connection to the FY 2025-26 Pavement Resurfacing Project; approve budget authority in the amount of $201,520 which includes 10% contingency and authorize the City Manager to execute all documents related with the project.

8. Approval of Full Trash Capture Design Consultant Services Agreement between the City of Pacifica and Schaaf & Wheeler
PROPOSED ACTION: Move to Approve a Resolution Authorizing an Agreement for Consultant Services with Schaaf and Wheeler, Inc. for engineering design services in the amount of $168,530 for the Full Trash Capture Stormwater Treatment Project; Approve budget authority in the amount of $185,383 which includes 10% contingency in the amount of $16,853; and Authorize the City Manager to execute all documents related to the project.

9. Adopt a Resolution approving the Third Amendment to the Construction Services Agreement between the City of Pacifica and Chesterworks.

PROPOSED ACTION: Move to adopt a Resolution to approve the Third Amendment to the Construction Services Agreement between the City of Pacifica and Chesterworks for construction management services for the Civic Center Project in the amount of $10,000 increasing the overall cost to $185,960.

City Council Regular Meeting 4 August 12, 2024

10. Approval of Annual Agreements for the Department of Public Works - Wastewater Division for FY 2024-2025 for Polydyne, Inc. for $200,000; Trojan Technologies for $100,000, Synagro West, LLC for $180,000, and Centrisys CNP for $175,000 PROPOSED ACTION: Move to adopt the following resolutions to approve Annual Agreements for the Department of Public Works - Wastewater Division for FY 2024- 2025:

1. Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute Purchase Agreement with Polydyne, Inc. In The Amount Of $200,000 For the Calera Creek Water Recycling Plant’s FY 2024-25 Annual Supply of Polymer.

2. Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute Purchase Agreement with Trojan Technologies Group, ULC in The Amount Of $100,000 For the Calera Creek Water Recycling Plant’s FY 2024-25 Annual Supply of Trojan System UV4000 Original Replacement Parts.

3. Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute Amendment 1 for Master Agreement for Biosolids Services and Task Order No. 2 with Synagro West, LLC In the Amount Of $180,000 For the Calera Creek Water Recycling Plant’s FY 2024-25 Annual Biosolids Hauling and Disposal.

4. Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute Master Agreement for Centrifuge Services with Centrisys CNP In the Amount Of $175,000 For the Calera Creek Water Recycling Plant’s FY 2024-25 Annual Centrifuge Services; and Approving Amendment 1 to Extend Term for FY 2023-2024 Master Agreement.

11. Resolution to Approve Master Agreement and Task Order No. 1 with Websoft Developers Inc for the Fund 18 Sewer Collection Computerized Maintenance Management System (CMMS).

PROPOSED ACTION: Adopt a Resolution:

A. Approving a sole source Master Agreement and Task Order No.1 with Websoft Developers Inc. for the Computerized Maintenance Management System (CMMS) in the amount of $127,500; and
B. Authorizing a budget authority in the amount of $146,625.00, which include contingencies in an amount not to exceed fifteen percent (15%) of the Contract amount; and
C. Authorizing staff to execute future change orders not to exceed the contingency amount; and
D. Authorizing the City Manager and Designated Personnel to execute all documents related to the maintenance of CMMS.

12. A Resolution of the City Council of the City of Pacifica Authorizing the Acceptance of $95,042.68 from the State of California’s Cannabis Tax Fund Grant Program for the Education, Prevention, and Enforcement of Impaired Driving Laws PROPOSED ACTION: Adopt a resolution of the City Council of the City of Pacifica authorizing the acceptance of $95,042.68 from the state of California’s Cannabis Tax City Council Regular Meeting 5 August 12, 2024
Fund Grant Program for the education, prevention, and enforcement of impaired driving laws.

13. Consultant Services Agreements for Mapping Update Services Between the City of Pacifica and Environmental Science Associates (ESA)
PROPOSED ACTION: Move to adopt the attached resolution to approve the Agreement for Consultant Services between the City of Pacifica and Environmental Science Associates (ESA) with a total amount of $102,200 for mapping update services associated with the City’s draft Local Coastal Land Use Plan (LCLUP); authorize the City Manager to execute the Agreement and a budget amendment; and finding the action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).

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

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

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

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

PUBLIC HEARINGS

14. 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 alternative modifications.

PROPOSED ACTION: Receive a presentation from staff and discuss and confirm list of alternative modifications to the Revised Certification Draft LCLUP.

City Council Regular Meeting 6 August 12, 2024
CONSIDERATION - NONE.

ADJOURN
NOTICE: If you challenge a city's zoning, planning or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any city administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for litigation, in certain cases 30 days following the date of the final decision The City of Pacifica will provide assistance for disabled citizens upon at least 24 hours advance notice to the City Manager’s Office (650) 738-7301, or send request via email to:
[email protected] if you need sign language assistance or written material printed in a larger font or taped, advance notice is necessary. All meeting rooms are accessible to the disabled.

The Pacifica Municipal Code is available online at the City’s website (www.cityofpacifica.org/municode);

HOW TO OBTAIN CITY COUNCIL AGENDAS
Posted agendas:

Agendas are posted no later than Friday prior to the City Council meeting date, at the entrance to the City Hall location at 170 Santa Maria Avenue, Pacifica.

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, 170 Santa Maria Ave.

Council meetings:

Agendas are available at the City Council meeting

HOW TO REACH YOUR GOVERNMENT OFFICIALS
• Governor Gavin Newsom, State Capitol Building, Sacramento CA 95814 (916) 445-2841 • State Senator Josh Becker, 1528 So. El Camino Real, Suite 303, San Mateo CA 94402 (650) 212-3313 • Assembly Member Marc Berman, 721 Colorado Ave, Suite 101, Palo Alto CA 94303 (650) 324-0224 • Congresswoman Anna Eshoo, 698 Emerson Street, Palo Alto CA 94301 (650) 323-2984 • Senator Alex Padilla, B03 Russell Senate Office Building, Washington DC 20510 (202) 224-3553 • Senator Laphonza Butler, SD-G10 Dirksen Senate Office Building, Washington DC 20510 (202) 224-3841 • President Joseph R. Biden, 1600 Pennsylvania Ave. NW, Washington DC 20500

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

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/12/2024
1 SUBJECT:

Approval of Disbursements for 07/01/24 through 07/31/24.

RECOMMENDED ACTION:

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

STAFF CONTACT:

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

Staff has submitted the following Monthly Check Register Report per California Government Code, Title 4, Division 3, Part 3, Chapter 3, Section 41004:
• Disbursements dated 7/1/24 through 7/31/24 are in the amount of $2,593,434.96. (Attachment 1 and 2).

FISCAL IMPACT:

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

ORIGINATED BY:

Finance Department
ATTACHMENT LIST:

Disbursements -FY 23-24 - 07-01 to 07-31-24 GEMS (PDF)
Disbursements -FY 23-24 - 07-01 to 07-31-24 TYLER (PDF) 1 Packet Pg. 7
Report: RECONCILE Generated: 12DEC22 14:37 Run: WEDNESDAY AUG0724 19:03 Page: 1

CITY OF PACIFICA
FOR: 07/01/24 - 07/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 70145 523.36 07/05/24 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 70146 300.00 07/05/24 OUTSTANDING SYSTEM 06124 CHRISTINE ROSSI 1 70147 1598.43 07/05/24 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 70148 3850.00 07/05/24 OUTSTANDING SYSTEM 00364 CITY 0F BRISBANE 1 70149 408.70 07/05/24 OUTSTANDING SYSTEM 00001 COLLIER, REBECCA 1 70150 130.70 07/05/24 OUTSTANDING SYSTEM 00001 ESTEFANIA CERVANTES 1 70151 300.00 07/05/24 OUTSTANDING SYSTEM 06122 FLORENCE N KORKAMES 1 70152 2203.97 07/05/24 OUTSTANDING SYSTEM 00875 GRANITE ROCK COMPANY #26577 1 70153 295.58 07/05/24 OUTSTANDING SYSTEM 00892 HACH COMPANY 1 70154 2273.09 07/05/24 OUTSTANDING SYSTEM 01014 JOHN THE SIGN GUY LLC 1 70155 36.24 07/05/24 OUTSTANDING SYSTEM 00002 KENT, JENNIFER (PETTY CASH) 1 70156 26.70 07/05/24 OUTSTANDING SYSTEM 03700 KIMBALL MIDWEST 1 70157 1695.87 07/05/24 OUTSTANDING SYSTEM 05964 MOBILE-TECH AUTOMOTIVE INC 1 70158 152.99 07/05/24 OUTSTANDING SYSTEM 01217 OFFICE DEPOT 1 70159 12368.00 07/05/24 OUTSTANDING SYSTEM 05958 ONE WATER LLC 1 70160 864.00 07/05/24 OUTSTANDING SYSTEM 03720 SAN MATEO DAILY JOURNAL 1 70161 3450.00 07/05/24 OUTSTANDING SYSTEM 04646 SCHAAF & WHEELER 1 70162 607.59 07/05/24 OUTSTANDING SYSTEM 01450 SEAVIEW TIRE & BRAKE CENTER 1 70163 6154.00 07/05/24 OUTSTANDING SYSTEM 01362 SLOAN SAKAI YEUNG & WONG LLP 1 70164 300.00 07/05/24 OUTSTANDING SYSTEM 06123 THE PARTY ARTISTS 1 70165 8931.75 07/05/24 OUTSTANDING SYSTEM 01653 UNITED RENTALS (NORTH AMERICA) 1 70166 263.23 07/05/24 OUTSTANDING SYSTEM 01812 US BANK EQUIPMENT FINANCE 1 70167 888.24 07/05/24 OUTSTANDING SYSTEM 03980 VERITIV OPERATING COMPANY 1 70168 2397.32 07/05/24 OUTSTANDING SYSTEM 01684 VERIZON WIRELESS 1 70169 454.00 07/11/24 OUTSTANDING SYSTEM 05740 ABBY M. MARGOLIS 1 70170 339.69 07/11/24 OUTSTANDING SYSTEM 00094 ADAM-HILL COMPANY, THE Report: RECONCILE Generated: 12DEC22 14:37 Run: WEDNESDAY AUG0724 19:03 Page: 2

CITY OF PACIFICA
FOR: 07/01/24 - 07/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 70171 280693.98 07/11/24 OUTSTANDING SYSTEM 04584 AECOM TECHNICAL SERVICES INC 1 70172 1800.64 07/11/24 OUTSTANDING SYSTEM 00045 ALBERTSONS / SAFEWAY 1 70173 85.00 07/11/24 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 70174 200.00 07/11/24 OUTSTANDING SYSTEM 05968 ANTOINETTE M KAUFFMAN 1 70175 1203.13 07/11/24 OUTSTANDING SYSTEM 00234 AUTOMATIONDIRECT.COM, INC. 1 70176 200.00 07/11/24 OUTSTANDING SYSTEM 04561 AVINA, ANGEL 1 70177 15948.00 07/11/24 OUTSTANDING SYSTEM 05415 BAY AREA PAVING CO, INC. 1 70178 600.00 07/11/24 OUTSTANDING SYSTEM 04945 BELL PLUMBING OF SAN MATEO 1 70179 495.43 07/11/24 OUTSTANDING SYSTEM 00335 BLUE RIBBON SUPPLY COMPANY 1 70180 356.86 07/11/24 OUTSTANDING SYSTEM 00365 BROADMOOR LANDSCAPE SUPPLY 1 70181 105420.12 07/11/24 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP 1 70182 339.00 07/11/24 OUTSTANDING SYSTEM 00011 C.W.E.A. 1 70183 217.00 07/11/24 OUTSTANDING SYSTEM 01690 CALTEST ANALYTICAL LAB

http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsEn... 8/7/2024

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Packet Pg. 8
Attachment: Disbursements -FY 23-24 - 07-01 to 07-31-24 GEMS (5729 : Disbursements - Dated 7/1/24 through 7/31/24) 1 70184 1000.00 07/11/24 OUTSTANDING SYSTEM 06127 CAT'S COASTSIDE COOKIES 1 70185 2587.00 07/11/24 OUTSTANDING SYSTEM 04757 CATHOLIC CHARITIES CYO OF THE ARCHDIOCES 1 70186 200.33 07/11/24 OUTSTANDING SYSTEM 06061 CHERIE WIELAND 1 70187 95.81 07/11/24 OUTSTANDING SYSTEM 06130 CINDY BLACKSTONE 1 70188 570.00 07/11/24 OUTSTANDING SYSTEM 05296 CLAIRE BREES 1 70189 1328.07 07/11/24 OUTSTANDING SYSTEM 04536 COMMERCIAL TRANSPORTATION SERVICES INC. 1 70190 719.09 07/11/24 OUTSTANDING SYSTEM 04677 CORODATA RECORDS MANAGEMENT INC 1 70191 1568.22 07/11/24 OUTSTANDING SYSTEM 01204 CRESCO EQUIPMENT RENTALS 1 70192 14287.89 07/11/24 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC. 1 70193 2319.80 07/11/24 OUTSTANDING SYSTEM 00622 CURTIS & SONS, L.N. 1 70194 1054.78 07/11/24 OUTSTANDING SYSTEM 00676 DISCOUNT SCHOOL SUPPLY 1 70195 86.50 07/11/24 OUTSTANDING SYSTEM 00001 DOROTHEA WONG 1 70196 61543.08 07/11/24 OUTSTANDING SYSTEM 02130 DRYCO CONSTRUCTION, INC.

Report: RECONCILE Generated: 12DEC22 14:37 Run: WEDNESDAY AUG0724 19:03 Page: 3

CITY OF PACIFICA
FOR: 07/01/24 - 07/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 70197 5221.00 07/11/24 OUTSTANDING SYSTEM 01854 DYETT & BHATIA 1 70198 1341.29 07/11/24 OUTSTANDING SYSTEM 02793 EAST PENN MANUFACTURING CO., INC 1 70199 1200.00 07/11/24 OUTSTANDING SYSTEM 04277 EASTMAN INVESTIGATIVE SERVICES 1 70200 40.00 07/11/24 OUTSTANDING SYSTEM 06128 ELAINA HONTALAS 1 70201 77.00 07/11/24 OUTSTANDING SYSTEM 03047 FASTRAK INVOICE PROCESSING DEPT 1 70202 27.00 07/11/24 OUTSTANDING SYSTEM 03047 FASTRAK VIOLATION PROCESSING DEPARTMENT 1 70203 3846.26 07/11/24 OUTSTANDING SYSTEM 02767 FLYERS ENERGY, LLC 1 70204 50.00 07/11/24 OUTSTANDING SYSTEM 03804 GODSOE, LIZ 1 70205 3993.65 07/11/24 OUTSTANDING SYSTEM 00871 GRAFIX SHOPPE 1 70206 252.53 07/11/24 OUTSTANDING SYSTEM 00872 GRAINGER 1 70207 3461.84 07/11/24 OUTSTANDING SYSTEM 00875 GRANITE ROCK COMPANY #26577 1 70208 803.49 07/11/24 OUTSTANDING SYSTEM 00001 HARKOUSHA, BRIANNE 1 70209 2860.98 07/11/24 OUTSTANDING SYSTEM 00906 HARRINGTON INDUSTRIAL PLASTICS 1 70210 937.49 07/11/24 OUTSTANDING SYSTEM 00919 HERC RENTALS INC. 1 70211 2842.39 07/11/24 OUTSTANDING SYSTEM 04859 HOME DEPOT CREDIT SERVICES 1 70212 265.78 07/11/24 OUTSTANDING SYSTEM 00990 INTERSTATE TRAFFIC CONTROL PRODUCTS 1 70213 460.00 07/11/24 OUTSTANDING SYSTEM 04494 ISIDRO, ALLEN 1 70214 43.93 07/11/24 OUTSTANDING SYSTEM 00001 JAMES LIN 1 70215 184.25 07/11/24 OUTSTANDING SYSTEM 05532 JOAN ARTHUR 1 70216 1088.00 07/11/24 OUTSTANDING SYSTEM 01029 KAISER PERMANENTE--OHSS 1 70217 42.43 07/11/24 OUTSTANDING SYSTEM 00001 KATELYN SNODGRASS 1 70218 305.84 07/11/24 OUTSTANDING SYSTEM 01812 KBA DOCUSYS 1 70219 278.00 07/11/24 OUTSTANDING SYSTEM 01903 KENNEDY/JENKS CONSULTANTS 1 70220 495.00 07/11/24 OUTSTANDING SYSTEM 03929 KENT CLEANERS 1 70221 100.26 07/11/24 OUTSTANDING SYSTEM 00001 KENT, JENNIFER 1 70222 4797.50 07/11/24 OUTSTANDING SYSTEM 01044 KERMANI CONSULTING GROUP Report: RECONCILE Generated: 12DEC22 14:37 Run: WEDNESDAY AUG0724 19:03 Page: 4

CITY OF PACIFICA
FOR: 07/01/24 - 07/31/24 CHECK RECONCILIATION BANK: ALL ALL

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

http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsEn... 8/7/2024

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Attachment: Disbursements -FY 23-24 - 07-01 to 07-31-24 GEMS (5729 : Disbursements - Dated 7/1/24 through 7/31/24) 1 70223 6717.99 07/11/24 OUTSTANDING SYSTEM 03700 KIMBALL MIDWEST 1 70224 635.38 07/11/24 OUTSTANDING SYSTEM 01055 KONE INC 1 70225 215.07 07/11/24 OUTSTANDING SYSTEM 06129 LAURIE ROSS 1 70226 627.39 07/11/24 OUTSTANDING SYSTEM 06103 LUBE SQUAD OF SFO, LLC 1 70227 402.96 07/11/24 OUTSTANDING SYSTEM 01120 MALLORY COMPANY/THE 1 70228 405.51 07/11/24 OUTSTANDING SYSTEM 01142 MC MASTER-CARR SUPPLY COMPANY 1 70229 866.81 07/11/24 OUTSTANDING SYSTEM 00001 MURDOCK, CHRISTIAN 1 70230 799.00 07/11/24 OUTSTANDING SYSTEM 04549 NAF SERVICES, INC. 1 70231 616.00 07/11/24 OUTSTANDING SYSTEM 03801 NAPIER, NORA 1 70232 24765.00 07/11/24 OUTSTANDING SYSTEM 04632 NICHOLS CONSULTING ENGINEERS, CHTD 1 70233 78.00 07/11/24 OUTSTANDING SYSTEM 03803 ORTEGA, SHIRLEY 1 70234 8918.48 07/11/24 OUTSTANDING SYSTEM 01238 PACIFIC ECORISK 1 70235 1188.96 07/11/24 VOIDED SYSTEM 07/31/24 01239 PACIFIC FIRE SAFE 1 70236 114.00 07/11/24 OUTSTANDING SYSTEM 03802 PATINO, JOE 1 70237 703.14 07/11/24 OUTSTANDING SYSTEM 01289 PENINSULA UNIFORMS & EQUIPMENT, INC 1 70238 154.00 07/11/24 OUTSTANDING SYSTEM 02539 PITTSINGER, R JANE 1 70239 136.20 07/11/24 OUTSTANDING SYSTEM 01317 PREFERRED ALLIANCE, INC. 1 70240 492.60 07/11/24 OUTSTANDING SYSTEM 01336 QUILL CORPORATION 1 70241 8215.27 07/11/24 OUTSTANDING SYSTEM 05561 SAN PEDRO VALLEY LLC 1 70242 3519.08 07/11/24 OUTSTANDING SYSTEM 04875 SCHOOL SPECIALTY, INC. 1 70243 173.67 07/11/24 OUTSTANDING SYSTEM 01498 SMART & FINAL 1 70244 129.00 07/11/24 OUTSTANDING SYSTEM 05524 STEVEN MICHAEL EVANS JR 1 70245 688.69 07/11/24 OUTSTANDING SYSTEM 01550 STEWART AUTOMOTIVE GROUP 1 70246 952.50 07/11/24 OUTSTANDING SYSTEM 00295 SUE BECKMEYER 1 70247 3823.00 07/11/24 OUTSTANDING SYSTEM 06126 SUNRUN INSTALLATIONS SERVICES, INC. 1 70248 553.17 07/11/24 OUTSTANDING SYSTEM 02642 T-MOBILE CORPORATION Report: RECONCILE Generated: 12DEC22 14:37 Run: WEDNESDAY AUG0724 19:03 Page: 5

CITY OF PACIFICA
FOR: 07/01/24 - 07/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 70249 4540.50 07/11/24 OUTSTANDING SYSTEM 06120 THE CONSULTING TEAM, LLC 1 70250 1822.50 07/11/24 OUTSTANDING SYSTEM 05692 TJC AND ASSOCIATES INC. 1 70251 76.38 07/11/24 OUTSTANDING SYSTEM 02663 UNDERWOOD, EILEEN 1 70252 551.36 07/11/24 OUTSTANDING SYSTEM 01667 USA BLUE BOOK 1 70253 614.54 07/11/24 OUTSTANDING SYSTEM 03502 VATERLAUS, SUE 1 70254 4701.24 07/11/24 OUTSTANDING SYSTEM 01684 VERIZON WIRELESS 1 70255 3500.00 07/11/24 OUTSTANDING SYSTEM 06065 AMERICAN TRUCK & BUS DRIVING SCHOOL 1 70256 293.23 07/11/24 OUTSTANDING SYSTEM 04459 ARROWHEAD FORENSICS 1 70257 8385.00 07/11/24 OUTSTANDING SYSTEM 04709 FACILITRON 1 70258 84.42 07/11/24 OUTSTANDING SYSTEM 00002 TIET, MINDAY (PETTY CASH) 1 70259 118.60 07/11/24 OUTSTANDING SYSTEM 01647 ULINE SHIPPING SUPPLY SPECIALISTS 1 70260 418.00 07/05/24 OUTSTANDING SYSTEM 05469 BCC BENEFIT COORDINATORS CORPORATION 1 70261 11841.03 07/05/24 OUTSTANDING SYSTEM 05469 BCC BENEFIT COORDINATORS CORPORATION 1 70262 9416.79 07/05/24 OUTSTANDING SYSTEM 03741 BENEFIT COORDINATORS CORPORATION 1 70263 59.00 07/05/24 OUTSTANDING SYSTEM 01757 CALIFORNIA ASSN OF PROFESSIONAL FIREFIGH 1 70264 242.76 07/05/24 OUTSTANDING SYSTEM 00814 CALIFORNIA STATE DISBURSEMENT UNIT 1 70265 896.00 07/05/24 OUTSTANDING SYSTEM 01757 CLEA

http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsEn... 8/7/2024

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Packet Pg. 10
Attachment: Disbursements -FY 23-24 - 07-01 to 07-31-24 GEMS (5729 : Disbursements - Dated 7/1/24 through 7/31/24) 1 70266 100.00 07/05/24 OUTSTANDING SYSTEM 00814 FRANCHISE TAX BOARD 1 70267 200.00 07/05/24 OUTSTANDING SYSTEM 00814 FRANCHISE TAX BOARD 1 70268 100.00 07/05/24 OUTSTANDING SYSTEM 00814 FRANCHISE TAX BOARD 1 70269 782.67 07/05/24 OUTSTANDING SYSTEM 01758 PACIFICA FIREFIGHTERS UNION 1 70270 840.00 07/05/24 OUTSTANDING SYSTEM 01759 PACIFICA POLICE OFFICERS ASSOCIATION 1 70271 210.00 07/05/24 OUTSTANDING SYSTEM 01760 PACIFICA POLICE OFFICERS SAVINGS 1 70272 420.00 07/05/24 OUTSTANDING SYSTEM 01769 PACIFICA POLICE SUPERVISORS ASSOCIATION 1 70273 92.00 07/05/24 OUTSTANDING SYSTEM 01758 SMC FIREFIGHTERS IAFF L2400-PAC 1 70274 1690.50 07/05/24 OUTSTANDING SYSTEM 01758 SMC FIREFIGHTERS IAFF Local 2400 Report: RECONCILE Generated: 12DEC22 14:37 Run: WEDNESDAY AUG0724 19:03 Page: 6

CITY OF PACIFICA
FOR: 07/01/24 - 07/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 70275 975.00 07/05/24 OUTSTANDING SYSTEM 01768 TEAMSTERS LOCAL #350 1 70276 2849.00 07/05/24 OUTSTANDING SYSTEM 01764 TEAMSTERS LOCAL #856 1 70277 1271.00 07/05/24 OUTSTANDING SYSTEM 01771 TEAMSTERS LOCAL UNION NO.856 1 70278 3776.78 07/05/24 OUTSTANDING SYSTEM 01766 VISION SERVICE PLAN-CA 1 70279 17.32 07/05/24 OUTSTANDING SYSTEM 01766 VISION SERVICE PLAN-CA 1 70280 25.11 07/05/24 OUTSTANDING SYSTEM 01766 VISION SERVICE PLAN-CA 1 70281 5816.92 07/11/24 OUTSTANDING SYSTEM 00009 AT&T
1 70282 71.94 07/11/24 OUTSTANDING SYSTEM 00136 ALHAMBRA 1 70283 851.30 07/11/24 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 70284 82.03 07/11/24 OUTSTANDING SYSTEM 06010 ARI STRATAKIS 1 70285 151.72 07/11/24 OUTSTANDING SYSTEM 01890 ARROWHEAD SCIENTIFIC, INC. 1 70286 17651.00 07/11/24 OUTSTANDING SYSTEM 05415 BAY AREA PAVING CO, INC. 1 70287 2992.00 07/11/24 OUTSTANDING SYSTEM 03634 BAY POWER LLC GENERATOR SYSTEM DESIGN AN 1 70288 1001.38 07/11/24 OUTSTANDING SYSTEM 00293 BEARING AGENCIES INC 1 70289 95.00 07/11/24 OUTSTANDING SYSTEM 05127 BLEYLE ELEVATOR, INC. 1 70290 251.18 07/11/24 OUTSTANDING SYSTEM 00002 BRAUN, LUCIE (PETTY CASH) 1 70291 16195.40 07/11/24 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP 1 70292 3111.00 07/11/24 OUTSTANDING SYSTEM 04757 CATHOLIC CHARITIES CYO OF THE ARCHDIOCES 1 70293 6685.92 07/11/24 OUTSTANDING SYSTEM 00483 CDW GOVERNMENT, INC. 1 70294 43.93 07/11/24 OUTSTANDING SYSTEM 00001 CHING-YUAN LIN 1 70295 4000.00 07/11/24 OUTSTANDING SYSTEM 00567 COMMUNITY OVERCOMING RELATIONSHIP ABUSE 1 70296 5348.50 07/11/24 OUTSTANDING SYSTEM 00595 COTTON, SHIRES & ASSOCIATES, INC. 1 70297 13647.00 07/11/24 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC. 1 70298 32183.78 07/11/24 OUTSTANDING SYSTEM 00025 DALY CITY/CITY OF 1 70299 328.88 07/11/24 OUTSTANDING SYSTEM 03590 DASH MEDICAL GLOVES 1 70300 25325.00 07/11/24 OUTSTANDING SYSTEM 00645 DAVEY TREE EXPERT COMPANY Report: RECONCILE Generated: 12DEC22 14:37 Run: WEDNESDAY AUG0724 19:03 Page: 7

CITY OF PACIFICA
FOR: 07/01/24 - 07/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 70301 29.48 07/11/24 OUTSTANDING SYSTEM 00001 DOROTHEA WONG 1 70302 4591.44 07/11/24 OUTSTANDING SYSTEM 03458 EOA INC 1 70303 9.75 07/11/24 OUTSTANDING SYSTEM 03047 FASTRAK INVOICE PROCESSING DEPT

http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsEn... 8/7/2024

1.a
Packet Pg. 11
Attachment: Disbursements -FY 23-24 - 07-01 to 07-31-24 GEMS (5729 : Disbursements - Dated 7/1/24 through 7/31/24) 1 70304 270.55 07/11/24 OUTSTANDING SYSTEM 00773 FEDEX
1 70305 5073.64 07/11/24 OUTSTANDING SYSTEM 03006 FEHR PEERS 1 70306 17.31 07/11/24 OUTSTANDING SYSTEM 02767 FLYERS ENERGY, LLC 1 70307 33548.30 07/11/24 OUTSTANDING SYSTEM 04369 GHD INC. 1 70308 992.12 07/11/24 OUTSTANDING SYSTEM 05220 GHIRARDELLI ASSOCIATES, INC. 1 70309 95.14 07/11/24 OUTSTANDING SYSTEM 04012 GOLDEN STATE LUMBER 1 70310 3538.59 07/11/24 OUTSTANDING SYSTEM 00872 GRAINGER 1 70311 414.77 07/11/24 OUTSTANDING SYSTEM 00892 HACH COMPANY 1 70312 2359.50 07/11/24 OUTSTANDING SYSTEM 01067 LAKESHORE LEARNING MATERIALS 1 70313 6384.00 07/11/24 OUTSTANDING SYSTEM 05582 LUHDORFF AND SCALMANINI CONSULTING ENGIN 1 70314 1870.00 07/11/24 OUTSTANDING SYSTEM 05533 MCMILLAN ELECTRIC 1 70315 4485.00 07/11/24 OUTSTANDING SYSTEM 04077 METROPOLITAN PLANNING GROUP 1 70316 8234.53 07/11/24 OUTSTANDING SYSTEM 01206 NORTH COAST COUNTY WATER DIST. 1 70317 4366.00 07/11/24 OUTSTANDING SYSTEM 01238 PACIFIC ECORISK 1 70318 538.00 07/11/24 OUTSTANDING SYSTEM 04418 PACIFIC OFFICE AUTOMATION 1 70319 5337.15 07/11/24 OUTSTANDING SYSTEM 04349 PAN-PACIFIC SUPPLY COMPANY 1 70320 8844.94 07/11/24 OUTSTANDING SYSTEM 01309 POLYDYNE INC. 1 70321 542.77 07/11/24 OUTSTANDING SYSTEM 01336 QUILL CORPORATION 1 70322 22655.25 07/11/24 OUTSTANDING SYSTEM 06047 S.R. ROSE ENGINEERING INC 1 70323 6181.00 07/11/24 OUTSTANDING SYSTEM 00055 SAN MATEO COUNTY FORENSIC LAB 1 70324 81.57 07/11/24 OUTSTANDING SYSTEM 00002 SOLIS, ELIZABETH ( PETTY CASH ) 1 70325 564.61 07/11/24 OUTSTANDING SYSTEM 01513 SOUTH CITY LUMBER 1 70326 9784.83 07/11/24 OUTSTANDING SYSTEM 01570 SYNAGRO WEST, LLC Report: RECONCILE Generated: 12DEC22 14:37 Run: WEDNESDAY AUG0724 19:03 Page: 8

CITY OF PACIFICA
FOR: 07/01/24 - 07/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 70327 137806.75 07/11/24 OUTSTANDING SYSTEM 05665 TELSTAR INSTRUMENTS 1 70328 182.00 07/11/24 OUTSTANDING SYSTEM 01592 TERMINIX PROCESSING CENTER 1 70329 416.00 07/11/24 OUTSTANDING SYSTEM 01602 THOMSON WEST 1 70330 220.00 07/11/24 OUTSTANDING SYSTEM 00050 UNITED STATES POSTAL SERVICE 1 70331 506.55 07/11/24 OUTSTANDING SYSTEM 01812 US BANK EQUIPMENT FINANCE 1 70332 3522.02 07/11/24 OUTSTANDING SYSTEM 03835 US FOODS, INC 1 70333 98.10 07/11/24 OUTSTANDING SYSTEM 01684 VERIZON WIRELESS 1 70334 2445.03 07/11/24 OUTSTANDING SYSTEM 01673 VWR INTERNATIONAL 1 70335 6000.00 07/11/24 OUTSTANDING SYSTEM 05885 WARWICK GROUP CONSULTANTS, LLC 1 70336 71.00 07/11/24 OUTSTANDING SYSTEM 05163 WEX HEALTH, INC. 1 70337 30845.09 07/11/24 OUTSTANDING SYSTEM 04832 WOODARD & CURRAN, INC. 1 70338 129531.31 07/11/24 OUTSTANDING SYSTEM 06059 ZARA CONSTRUCTION, INC 1 70339 1399.13 07/26/24 OUTSTANDING SYSTEM 00009 AT&T
1 70340 37.16 07/26/24 OUTSTANDING SYSTEM 00153 ALPINE AWARDS ACCOUNTING 1 70341 215.07 07/26/24 OUTSTANDING SYSTEM 05901 BOB GRAF 1 70342 9180.00 07/26/24 OUTSTANDING SYSTEM 05463 BRETT STOLLENWERK 1 70343 4065.40 07/26/24 OUTSTANDING SYSTEM 05658 BSK ASSOCIATES 1 70344 90000.92 07/26/24 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP 1 70345 10656.82 07/26/24 OUTSTANDING SYSTEM 00421 CALIFORNIA DIESEL & POWER 1 70346 152.51 07/26/24 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464

http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsEn... 8/7/2024

1.a
Packet Pg. 12
Attachment: Disbursements -FY 23-24 - 07-01 to 07-31-24 GEMS (5729 : Disbursements - Dated 7/1/24 through 7/31/24) 1 70347 180.00 07/26/24 OUTSTANDING SYSTEM 01426 CITY OF SAN MATEO 1 70348 82865.55 07/26/24 OUTSTANDING SYSTEM 05255 CORT BUSINESS SERVICES CORP 1 70349 85.00 07/26/24 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC. 1 70350 641.86 07/26/24 OUTSTANDING SYSTEM 00025 DALY CITY/CITY OF 1 70351 6876.50 07/26/24 OUTSTANDING SYSTEM 06101 DIRECT CARRIER SOLUTION, LLC 1 70352 6148.19 07/26/24 OUTSTANDING SYSTEM 05975 DUDEK Report: RECONCILE Generated: 12DEC22 14:37 Run: WEDNESDAY AUG0724 19:03 Page: 9

CITY OF PACIFICA
FOR: 07/01/24 - 07/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 70353 1442.00 07/26/24 OUTSTANDING SYSTEM 03458 EOA INC 1 70354 75.00 07/26/24 OUTSTANDING SYSTEM 00758 EXPERIAN 1 70355 6770.84 07/26/24 OUTSTANDING SYSTEM 02767 FLYERS ENERGY, LLC 1 70356 34103.75 07/26/24 OUTSTANDING SYSTEM 05269 GOOD CITY COMPANY 1 70357 785.28 07/26/24 OUTSTANDING SYSTEM 00875 GRANITE ROCK COMPANY #26577 1 70358 1561.16 07/26/24 OUTSTANDING SYSTEM 01014 JOHN THE SIGN GUY LLC 1 70359 37427.62 07/26/24 OUTSTANDING SYSTEM 06085 K.F. HOWELL ELECTRIC, INC 1 70360 4165.97 07/26/24 OUTSTANDING SYSTEM 03955 MOFFATT & NICHOL 1 70361 8764.00 07/26/24 OUTSTANDING SYSTEM 03656 NORTH AMERICAN FENCE & RAILING 1 70362 5696.88 07/26/24 OUTSTANDING SYSTEM 01206 NORTH COAST COUNTY WATER DIST. 1 70363 33470.50 07/26/24 OUTSTANDING SYSTEM 06105 NORTHLIGHT COLOR 1 70364 423.44 07/26/24 OUTSTANDING SYSTEM 02027 OLIVER PACKAGING AND EQUIPMENT COMPANY 1 70365 129.78 07/26/24 OUTSTANDING SYSTEM 01240 PACIFIC GAS & ELECTRIC CO. 1 70366 217.50 07/26/24 OUTSTANDING SYSTEM 01758 PACIFICA FIREFIGHTERS ASSOCIATION 1 70367 6769.95 07/26/24 OUTSTANDING SYSTEM 03071 PHENOVA 1 70368 26534.82 07/26/24 OUTSTANDING SYSTEM 01309 POLYDYNE INC. 1 70369 34.26 07/26/24 OUTSTANDING SYSTEM 01336 QUILL CORPORATION 1 70370 164000.00 07/26/24 OUTSTANDING SYSTEM 04806 RICHARD SMITH 1 70371 78.08 07/26/24 OUTSTANDING SYSTEM 05197 SAN MATEO COUNTY MOSQUITO & VECTOR CONTR 1 70372 3335.00 07/26/24 OUTSTANDING SYSTEM 05124 SCAPES, INC. 1 70373 3531.95 07/26/24 OUTSTANDING SYSTEM 04860 SERRA YELLOW CAB 1 70374 685.00 07/26/24 OUTSTANDING SYSTEM 05542 STIRLING GOULET 1 70375 112.00 07/26/24 OUTSTANDING SYSTEM 01592 TERMINIX PROCESSING CENTER 1 70376 578.59 07/26/24 OUTSTANDING SYSTEM 04299 THE GOODYEAR TIRE & RUBBER COMPANY 1 70377 6500.00 07/26/24 OUTSTANDING SYSTEM 05487 THE LEW EDWARDS GROUP 1 70378 1425.00 07/26/24 OUTSTANDING SYSTEM 05874 TOLTECMEDIA Report: RECONCILE Generated: 12DEC22 14:37 Run: WEDNESDAY AUG0724 19:03 Page: 10

CITY OF PACIFICA
FOR: 07/01/24 - 07/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 70379 19064.00 07/26/24 OUTSTANDING SYSTEM 05946 TYLER TECHNOLOGIES 1 70380 329.63 07/26/24 OUTSTANDING SYSTEM 01653 UNITED RENTALS (NORTH AMERICA) 1 70381 20219.00 07/26/24 OUTSTANDING SYSTEM 02527 UNIVERSAL BUILDING SERVICES 1 70382 8250.00 07/26/24 OUTSTANDING SYSTEM 05923 URBAN WATERPROOFING 1 70383 1724.36 07/26/24 OUTSTANDING SYSTEM 01684 VERIZON WIRELESS 1 70384 16464.06 07/26/24 OUTSTANDING SYSTEM 06099 WESTERN MACHINERY ELECTRIC 1 70385 10467.50 07/26/24 OUTSTANDING SYSTEM 04832 WOODARD & CURRAN, INC.

http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsEn... 8/7/2024

1.a
Packet Pg. 13
Attachment: Disbursements -FY 23-24 - 07-01 to 07-31-24 GEMS (5729 : Disbursements - Dated 7/1/24 through 7/31/24) 1 70386 162.38 07/26/24 OUTSTANDING SYSTEM 06104 ZEBEDIAH MARTIN 1 70387 550.00 07/26/24 OUTSTANDING SYSTEM 02726 ACE PLUMBING & ROOTER, INC. 1 70388 25.41 07/26/24 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 70389 1488.00 07/26/24 OUTSTANDING SYSTEM 04880 BLADES GROUP, LLC 1 70390 550.00 07/26/24 OUTSTANDING SYSTEM 06132 BLANCA AND ROBERT CONWAY 1 70391 3750.00 07/26/24 OUTSTANDING SYSTEM 02779 BRAGATO PAVING COMPANY INC. 1 70392 76758.65 07/26/24 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP 1 70393 1200.00 07/26/24 OUTSTANDING SYSTEM 05443 CALIFORNIA SEWER ENGINEERING, INC 1 70394 2963.01 07/26/24 OUTSTANDING SYSTEM 05895 CAPITAL ONE TRADE CREDIT 1 70395 156.79 07/26/24 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 70396 1079.19 07/26/24 OUTSTANDING SYSTEM 06131 CITY LUMBER AND HARDWARE, INC 1 70397 6815.00 07/26/24 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC. 1 70398 2465.00 07/26/24 OUTSTANDING SYSTEM 00645 DAVEY TREE EXPERT COMPANY 1 70399 550.00 07/26/24 OUTSTANDING SYSTEM 05381 DEBRA MCNICOLL-WHITE 1 70400 15400.00 07/26/24 OUTSTANDING SYSTEM 02201 DISCOUNT PLUMBING, INC. 1 70401 45584.73 07/26/24 OUTSTANDING SYSTEM 04889 DXP ENTERPRISES, INC. 1 70402 9.39 07/26/24 OUTSTANDING SYSTEM 00773 FEDEX
1 70403 1723.70 07/26/24 OUTSTANDING SYSTEM 02208 FREMONT AUTOMOTIVE 1 70404 1100.00 07/26/24 OUTSTANDING SYSTEM 03930 FREYER & LAURETA, INC.

Report: RECONCILE Generated: 12DEC22 14:37 Run: WEDNESDAY AUG0724 19:03 Page: 11

CITY OF PACIFICA
FOR: 07/01/24 - 07/31/24 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 70405 2322.48 07/26/24 OUTSTANDING SYSTEM 04085 JAMES FORD, INC. 1 70406 2500.00 07/26/24 OUTSTANDING SYSTEM 06134 JAMES LOUDERBACK 1 70407 742.76 07/26/24 OUTSTANDING SYSTEM 01014 JOHN THE SIGN GUY LLC 1 70408 831.33 07/26/24 OUTSTANDING SYSTEM 01378 MUSCIO SECURITY 1 70409 799.00 07/26/24 OUTSTANDING SYSTEM 04549 NAF SERVICES, INC. 1 70410 968.71 07/26/24 OUTSTANDING SYSTEM 01217 OFFICE DEPOT 1 70411 10822.00 07/26/24 OUTSTANDING SYSTEM 05958 ONE WATER LLC 1 70412 594.48 07/26/24 OUTSTANDING SYSTEM 01239 PACIFIC FIRE SAFE 1 70413 292850.69 07/26/24 OUTSTANDING SYSTEM 01240 PACIFIC GAS & ELECTRIC CO. 1 70414 1200.00 07/26/24 OUTSTANDING SYSTEM 01240 PACIFIC GAS & ELECTRIC CO. 1 70415 4170.54 07/26/24 OUTSTANDING SYSTEM 05931 PRINT COPY XPRESS 1 70416 73.60 07/26/24 OUTSTANDING SYSTEM 01336 QUILL CORPORATION 1 70417 2350.27 07/26/24 OUTSTANDING SYSTEM 04026 RANEY PLANNING AND MANAGEMENT, INC 1 70418 42168.25 07/26/24 OUTSTANDING SYSTEM 03281 REGIONAL GOVERNMENT SERVICES 1 70419 8824.93 07/26/24 OUTSTANDING SYSTEM 04211 SAN MATEO COUNTY RESOURCE CONSERVATION D 1 70420 2304.00 07/26/24 OUTSTANDING SYSTEM 03720 SAN MATEO DAILY JOURNAL 1 70421 8850.00 07/26/24 OUTSTANDING SYSTEM 06133 SANTA CRUZ MOUNTAINS TRAIL STEWARDSHIP 1 70422 4403.50 07/26/24 OUTSTANDING SYSTEM 01362 SLOAN SAKAI YEUNG & WONG LLP 1 70423 600.00 07/26/24 OUTSTANDING SYSTEM 01501 SMELLY MEL'S PLUMBING 1 70424 6755.00 07/26/24 OUTSTANDING SYSTEM 01531 ST. FRANCIS ELECTRIC, INC. 1 70425 407.96 07/26/24 OUTSTANDING SYSTEM 02017 STATE LANDS COMMISSION 1 70426 5.00 07/26/24 OUTSTANDING SYSTEM 01592 TERMINIX PROCESSING CENTER 1 70427 359.28 07/26/24 OUTSTANDING SYSTEM 01717 WHITE CAP CONST. SUPPLY BANK: 1 TOTAL # OF CHECKS: 283 FOR A TOTAL AMOUNT OF: $2480714.72

http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsEn... 8/7/2024

1.a
Packet Pg. 14
Attachment: Disbursements -FY 23-24 - 07-01 to 07-31-24 GEMS (5729 : Disbursements - Dated 7/1/24 through 7/31/24) TOTAL # OF REISSUED CHECKS: 0 FOR A TOTAL AMOUNT OF:

TOTAL # OF ACH CHECKS: 0 FOR A TOTAL AMOUNT OF:

http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsEn... 8/7/2024

1.a
Packet Pg. 15
Attachment: Disbursements -FY 23-24 - 07-01 to 07-31-24 GEMS (5729 : Disbursements - Dated 7/1/24 through 7/31/24) City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 08/01/2024 12:57
User: 5234vsahay
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: Cleared and Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 101 07/02/2024 PRINTED 000016 PACIFICA SCHOOL DISTRICT 14,546.00 102 07/12/2024 PRINTED 000074 AMAZON.COM SALES, INC. 463.05 103 07/12/2024 PRINTED 000128 BAYWORK 765.00
104 07/12/2024 PRINTED 000156 PANINI TIME 775.00
105 07/12/2024 PRINTED 000160 BROADMOOR LANDSCAPE SUPPL 1,049.59 106 07/12/2024 PRINTED 000178 NAF SERVICES, INC. 639.20 107 07/12/2024 PRINTED 000203 CINTAS CORPORATION #464 1,332.02 108 07/12/2024 PRINTED 000253 C.W.E.A. 780.00
109 07/12/2024 PRINTED 000377 GRAINGER 345.01
110 07/12/2024 PRINTED 000487 LEXIPOL LLC 4,899.30
111 07/12/2024 PRINTED 000519 MC MASTER-CARR SUPPLY COM 422.18 112 07/12/2024 PRINTED 000587 OFFICE DEPOT 57.50
113 07/12/2024 PRINTED 999998 Angel Castro 153.64
114 07/12/2024 PRINTED 999998 Bryan Romero 197.25
115 07/12/2024 PRINTED 999998 Joseph Gomez 1,096.97
116 07/12/2024 PRINTED 999998 Kevin Contreras 142.02
117 07/12/2024 PRINTED 999998 Matt Lujan 1,755.09
118 07/12/2024 PRINTED 999998 Oakland Zoo 3,819.00
119 07/12/2024 PRINTED 999998 Patricia A. Martin 2,000.00 120 07/12/2024 PRINTED 999998 Robert Martinez 464.50
121 07/12/2024 PRINTED 999998 Suzanne Cunanan 62.50
122 07/12/2024 PRINTED 000794 SOUTH BAY PUBLIC SAFETY T 946.00 123 07/12/2024 PRINTED 000844 US FOODS, INC 2,001.36
124 07/19/2024 PRINTED 000915 ASSOCIATION OF BAY AREA G 4,279.30 125 07/19/2024 PRINTED 000056 ADAM-HILL COMPANY, THE 233.61 126 07/19/2024 PRINTED 000066 ALL INDUSTRIAL ELECTRIC S 186.97 127 07/19/2024 PRINTED 000074 AMAZON.COM SALES, INC. 242.63 128 07/19/2024 PRINTED 000918 ASTORIA-PACIFIC 123.79
129 07/19/2024 PRINTED 000906 BRISA RANCH LLC 926.00
130 07/19/2024 PRINTED 000178 NAF SERVICES, INC. 958.80 131 07/19/2024 PRINTED 000201 CHILDCARE CAREERS 159.80
132 07/19/2024 PRINTED 000203 CINTAS CORPORATION #464 1,231.95 133 07/19/2024 PRINTED 000253 C.W.E.A. 259.00
134 07/19/2024 PRINTED 000281 DISCOUNT SCHOOL SUPPLY 45.78 135 07/19/2024 PRINTED 000293 DUBOCE JANITORIAL SERVICE 1,400.00 136 07/19/2024 PRINTED 000908 EARTHCAPADES 1,150.00
137 07/19/2024 PRINTED 000350 FLYERS ENERGY, LLC 5,824.58 138 07/19/2024 PRINTED 000425 INTERNATIONAL DIOXIDE. IN 9,870.47 139 07/19/2024 PRINTED 000506 MARATHON DISTRIBUTORS, IN 389.67 140 07/19/2024 PRINTED 000916 MCCAMPBELL ANALYTICAL, IN 1,543.50 141 07/19/2024 PRINTED 000522 METRO MOBILE COMMUNICATIO 3,870.89 142 07/19/2024 PRINTED 999998 Julie Mazzetti 2,000.00
143 07/19/2024 PRINTED 999998 Ross Leonard 2,000.00
144 07/19/2024 PRINTED 000674 PUMP REPAIR SERVICE CO., 13,919.05 145 07/19/2024 PRINTED 000679 QUILL CORPORATION 63.70
146 07/19/2024 PRINTED 000730 SERRAMONTE FORD INC. 1,052.39 147 07/19/2024 PRINTED 000837 UNIVAR SOLUTIONS USA INC 5,400.56 148 07/19/2024 PRINTED 000844 US FOODS, INC 4,982.20
149 07/19/2024 PRINTED 000854 VERITIV OPERATING COMPANY 8.24 163 07/26/2024 PRINTED 000062 ALERT PEST CONTROL COMPAN 260.00 164 07/26/2024 PRINTED 000074 AMAZON.COM SALES, INC. 1,214.00 165 07/26/2024 PRINTED 000203 CINTAS CORPORATION #464 1,538.44

1.b
Packet Pg. 16
Attachment: Disbursements -FY 23-24 - 07-01 to 07-31-24 TYLER (5729 : Disbursements - Dated 7/1/24 City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 08/01/2024 12:57
User: 5234vsahay
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: Cleared and Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 166 07/26/2024 PRINTED 000267 DAVID GRANT, INC 2,355.75 167 07/26/2024 PRINTED 000924 ENGRAVING, AWARDS & GIFTS 1,052.67 168 07/26/2024 PRINTED 000928 EVA TONG 145.29
169 07/26/2024 PRINTED 000377 GRAINGER 459.68
170 07/26/2024 PRINTED 000497 LARRY WALKER ASSOCIATES 649.75 171 07/26/2024 PRINTED 000587 OFFICE DEPOT 138.96
172 07/26/2024 PRINTED 999998 Salvador Mendez 1,573.20
173 07/26/2024 PRINTED 000594 ORKIN INC. 283.99
174 07/26/2024 PRINTED 000666 PRINT COPY XPRESS 2,152.45 175 07/26/2024 PRINTED 000863 CALTEST ANALYTICAL LAB 61.00 62 CHECKS CASH ACCOUNT TOTAL 112,720.24 .00

1.b
Packet Pg. 17
Attachment: Disbursements -FY 23-24 - 07-01 to 07-31-24 TYLER (5729 : Disbursements - Dated 7/1/24 City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 08/01/2024 12:57
User: 5234vsahay
Program ID: apchkrcn

UNCLEARED CLEARED
62 CHECKS FINAL TOTAL 112,720.24 .00
** END OF REPORT - Generated by Vivika Sahay **

1.b
Packet Pg. 18
Attachment: Disbursements -FY 23-24 - 07-01 to 07-31-24 TYLER (5729 : Disbursements - Dated 7/1/24

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/12/2024
1 SUBJECT:

Approval of Minutes
RECOMMENDED ACTION:

Move to approve the minutes for the June 10, 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 June 10, 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 06-10-2024 Special and Regular Meeting (PDF) 2 Packet Pg. 19

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 June 10, 2024

SPECIAL AND REGULAR MEETING
June 10, 2024 (MONDAY)
www.cityofpacifica.org
Mayor Sue Vaterlaus called the meeting to order on June 10, 2024 at 6:00 PM 6:00 PM - CLOSED SESSION
Mayor Vaterlaus called the meeting to order at 6:00 p.m., stating that all councilmembers were present, and announced that the Council would meet in Closed Session. 00a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION. Government Code section 54956.9(d)(1)- Coalition of Pacificans for an Updated Plan, et al. v. City of Pacifica, et al.

San Mateo County Superior Court Case No. 20CIV05719
7:00 PM OPEN SESSION
Call to Order
Mayor Vaterlaus reconvened the meeting at 7:03 p.m.

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

Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Lisa Petersen, PW Director; Yulia Carter, Asst. City Manager; Stefanie Cervantes, Interim Dep. Planning Director; Maria Sarasua, Police Chief (Zoom); Scott Leslie, Acting PB&R Director; Louis Sun, PW Dep. Director-Wastewater Div.; Roland Yip, PW Dep. Director (Fields Svcs/Engineering); Irene Camarena, Human Resources Manager; Lucy Xie, Dep. Finance Director; Chris

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Clements, Police Captain; David Harvey, Asst. Civil Engineer; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.

Reading of Land Acknowledgment
Mayor Vaterlaus read the Land Acknowledgment.

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

SPECIAL PRESENTATIONS
A. Proclamation - Dave Peel
Mayor Vaterlaus read a proclamation honoring the retirement of Dave Peel, Asst.

Superintendent-Plant Operation/Wastewater Div.

Mayor pro Tem Beckmeyer thanked him and wished him well in his future endeavors.

Councilmember Bier stated she knows our city cannot run without employees like him and she thanked him for so many years of service.

Councilmember Boles thought he came soon after the new plant in operation and it was amazing technology then and even more so now. She appreciated his service and wished him well in the future.

Councilmember Bigstyck stated that Mr. Dave Peel is doing an amazing job in his field of work and is grateful that we can publicly say thank you for two decades of serving this community.

Mayor Vaterlaus thanked him for everything he had done over 20 years.

PW Dep. Director Sun stated that we have a special service award for Mr. Peel and thanked him for his great contributions and leadership. He stated that, in the last few years, Mr. Peel has been training their new operation staff and maintenance staff. Mr. Peel leads by example, not just in teaching technical knowledge, but sharing about hard work, dedication and public service. He wished Mr. Peel and his wife the best and he knows he will enjoy his retirement.

He stated the PW Director Petersen will present the award.

PW Director Petersen stated that we are eternally grateful to Mr. Peel, who has been an amazing mentor. PW Director Petersen and HR Manager Camarena presented him with a 20- year service award.

Mr. Dave Peel appreciated all their support for the plant. They have paid attention to their work and supported them. He stated that means something because their work can be invisible.

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CONSENT CALENDAR
Mayor Vaterlaus asked if any councilmembers wanted to pull any items from consent.

Councilmember Bigstyck stated he has comments on a couple of items after public comment.

There were no public comments.

Councilmember Bigstyck referred to Item No. 2 (minutes). On packet page 48, where it states “Councilmember Bigstyck referred to […] where he voted no on a property off of Montecito,” he would like to change Montecito to Paloma to accurately reflect the name he could not remember in that moment. Then on packet page 61, where it says “Councilmember Bigstyck did not mind them flushing”, he stated that “flushing” should be “fleshing”. He then has one question on Item #4.

Councilmember Boles stated she has a couple of minute corrections as well. She stated that, on packet page 22, in the middle “Councilmember Boles stated Statistician Jahung Chohu” and stated it should be revised to “Jiaheng Qiu”. On packet page 57, she made a reference to a 4- or 5-story building and it was noted as 50.

Councilmember Bigstyck referred to packet page 76, Item No. 4, and he had a question for staff.

He stated it looks like the Anza Pump Station is about to be complete and asked if that means we will be done by the end of the month.

PW Director Petersen stated that we continue to have some issues with some of the electronic panel components, but we are getting very close, probably in the next couple of months.

Councilmember Bigstyck thought soon we should see completion.

PW Director Petersen responded affirmatively.

Councilmember Bigstyck moved passage of the Consent Calendar with the adjustments to Item #2 made by Councilmembers Bigstyck and Boles; seconded by Councilmember Boles.

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

1. Approval of Disbursements for 05/01/24 through 05/31/24.

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

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the May 23, 2024 City Council Special Meeting.

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

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

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

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

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

6. Cancellation of July 22, 2024 City Council Meeting
PROPOSED ACTION: Move to approve cancellation of the July 22, 2024 regular City Council meeting.

7. Financial Report for the Quarter Ending March 31, 2024 PROPOSED ACTION: Review and accept the Quarterly Financial Report for the Quarter ending March 31, 2024

8. Resolution to Approve a Five-Year Agreement with Badawi & Associates for Financial Audit Services
PROPOSED ACTION: Adopt the attached resolution to authorize the City Manager to execute a five-year agreement with Badawi & Associates to provide financial audit services for the fiscal years ending June 30, 2024, through June 30, 2028.

9. Resolution to Reclassify a Vacant Planning Director position to a Community Development Director and Amend the Planning Director Job Specification, Title, and Salary Accordingly.

PROPOSED ACTION: Adopt the Resolution amending the Planning Director Job Specification, title, and salary to reflect changes to the Community Development Director specification.

10. Agreement to terms with the Pacifica School District for rental space for Child Care services in the amount of $174,552 for the 2024-2025 school year.

PROPOSED ACTION: Move to adopt a resolution to authorize the City Manager to sign the 2024-2025 contract with the Pacifica School District for rental space for Child Care services in the amount of $174,552, an amount which will be included in the 2024-2025 proposed budget.

11. Amendments to Consultant Services Agreements for On-Call Planning Services, Building Division Staff Augmentation, and Related Services Between the City of Pacifica and CSG Consultants, Inc., and Good City Company, as well as Between the City of Pacifica and Dyett & Bhatia for Housing Element Rezoning and EIR.

PROPOSED ACTION: Move to adopt the following resolutions to approve the following agreement amendments:
1) Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute a Seventh Amendment of the Consultant

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Services Agreement With CSG Consultants, Inc. for Building Official, Building Inspection, Plan Review, Current Planning And Related Services” (Attachment A); 2) Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute a Seventh Amendment to the Consultant Services Agreement with Good City Company for Professional Planning and Related Services” (Attachment B); and,
3) Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute a First Amendment to the Consultant Services Agreement with Dyett & Bhatia Urban and Regional Planners for Environmental Review and Related Services” (Attachment C).

12. Adopt Resolution Accepting Invoices from Michael Roberts Construction for emergency work on Beach Boulevard and Milagra Stormwater Outfall
PROPOSED ACTION: Adopt a Resolution accepting invoices (Attachment 1) from Michael Roberts Construction, Inc. for emergency repair work on Beach Boulevard and the Milagra Stormwater Outfall covered by the Proclamation of Local Emergency from the recent high tide/large wave event for a total cost of $269,854.

13. Consideration of (1) a Resolution Calling and Giving Notice for Holding a General Municipal Election on Tuesday, November 5, 2024 for By-District Elections to Elect One Member of the City Council from District 1 and One Member of the City Council from District 4, Each for a Full Four-Year Term; Requesting San Mateo County to Consolidate the City's General Municipal Election with the November 5, 2024 Statewide General Election and to Provide Election Services; Adopting Regulations Pertaining to the Candidates’ Statement of Qualifications; and authorize the City Manager to Execute the Service Agreement for Election Services.

PROPOSED ACTION: Move to adopt a Resolution of the City Council of the City of Pacifica Calling and Giving Notice for Holding a General Municipal Election on Tuesday, November 5, 2024 for By-District Elections to Elect One Member of the City Council from District 1 and One Member of the City Council from District 4, Each for a Full Four-Year Term; Requesting San Mateo County to Consolidate the City's General Municipal Election with the November 5, 2024 Statewide General Election and to Provide Election Services; Adopting Regulations Pertaining to the Candidates’ Statement of Qualifications and authorize the City Manager to Execute the Service Agreement for Election Services.

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Marilyn Peters, Pacifica, stated she lives in Vallemar and recently called PW to report a large limb that had fallen in the creek. She received a written response from PW Dep. Director Yip stating that, according to state law, owners abutting Calera Creek are responsible for the maintenance of these areas, and she asked what it means and shared her concerns on the issue and thoughts on the city’s process.

Margo Meiman, Pacifica, stated she was calling to address Pacifica’s all electric reach codes in light of the Berkeley decision last year, and shared her thoughts on this issue.

Samuel Weissman, Pacifica, stated he was speaking in favor of the potential gas ban and shared his thoughts on this issue.

Taylor-Anne Vaughan, Pacifica, stated she has looked at all the cities and counties in California and not one has recognized that June is Men’s Mental Health Awareness Month and

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she shared her concerns on lack of addressing this issue.

Will Ampschaed, Pacifica, raised objections regarding Pride Month.

City Attorney Kenyon stated, in response to inappropriate language that was used, we need to inform the public commenters that he cannot say those kind of things and, if he persists, we can turn off his microphone.

Mayor Vaterlaus stated that he is not allowed to speak in that regard in a Council meeting. If he says one more derogatory thing, his microphone will be turned off.

Mr. Ampschaed stated that, since Council has chosen to promote Pride Month, he has the right to say that he disagrees with it and shares his concerns and thoughts on this issue.

Mayor Vaterlaus then ended his comments in response to further inappropriate language.

COUNCIL COMMUNICATIONS
Councilmember Bigstyck stated that he usually brings up Israel in his communications and he is proud of the resolution that Council passed a couple of weeks ago. He considered it an opportunity to contemplate how grateful we are to be that we can criticize our government as we see fit. He highlighted the PCT crew who have been filming Council and working with them for at least 6 months and stated we will miss them. He attended Assemblymember Marc Berman’s affordable housing town hall. He attended a meeting with representatives from GGNRA as we are working toward a proper parking lot around Mori Point. He enjoyed Coast Pride on June 1.

He thanked Councilmember Bier for arranging that event and the others who joined in riding around to celebrate love and diversity which is needed to heal people who have been abusedHe attended Sibling Cities, which our colleague in Palo Alto, Councilmember Vicki Veenker, has put together and it is predicated on Sister Cities. He stated that this has to do with finding a city in another part of the country with views that may or may not be different to start dialogue. He stated he will ask City Manager to take a survey of the other councilmembers as he would like to invite Councilmember Vicki Veenker her to talk about the Sibling Cities program and hopes, if Council is interested, perhaps signing up and finding a sibling city in the country and starting that dialogue. He watched the Planning Commission meeting and what was made clear was that, when we talk about the Capital Improvement Program, we will be discussing a small section by the Taco Bell, what will be the coastal trail, that is not quite ADA compliant. He attended the funeral for the son of Half Moon Bay Mayor Joaquin Jimenez. He stated that it was beautiful and amazing to see the entire community come out. He stated present were Councilmember Gina Papan from the City of Millbrae, Councilmember Pranita Venkatesh from the City of San Carlos, County Supervisor Ray Mueller, and Vice Mayor Emily Beach from the City of Burlingame. He attended a Peninsula Division Board Meeting that morning. Later, he hosted Congressional Candidate Sam Liccardo outside the Council Chambers and stated that meant he has met with both him and Congressional Candidate Evan Low.

Councilmember Bier stated, in response to the public comment on Men’s Mental Health Month, as part of the Mayor’s Mental Health Initiative, we did a blanket coverage of mental health for all and she is interested in how we can shine a little more light on men’s mental health. She referred to Councilmember Bigstyck mentioning their meeting with the GGNRA and she thought it was exciting to see the possibilities that will be coming forth for Mori Point and she thanked the Open Space & Park Advisory Committee for listening to the community. She spent a lot of time on the Coast Pride planning events for Pacifica and Half Moon Bay and San Mateo County.

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She thanked everyone on the Coast Pride planning group. She referred to the City of San Mateo’s festival and noticed ADA mats had been placed on the grass and wanted to look into that for usage on our beaches regarding our age-friendly community projects. The Age-Friendly Community Coalition had their meeting about their action plan the week before the City Council meeting and they have the fourth draft coming through. She spent two days in Half Moon Bay honoring Half Moon Bay Mayor Joaquin Jimenez, his family, and his son, and it was one of the most beautiful things she has ever seen. She thanked the Fog Fest group for working hard, and she looks forward to Fog Fest. She stated Pacificans Care is having their fundraiser on June 23 at the Pedro Point Fire House. She encouraged everyone to attend and support Pacificans Care.

Councilmember Boles had her San Mateo County Leadership training final presentations and graduations on the same day as Coast Pride. She stated this Council completely supports their LGBTQIA community and stand united against hate and in love for all people. She stated that includes our Black community and listed inventions made by them. She stated we are better when we are diverse in our communities. She thanked Planning staff for a good meeting about the PRC space and about a potential building with affordable housing for them. She met with the Pacifica Climate Committee and they discussed the Berkeley decision and some of the research being done that will be sent to staff later, as well as planning the next event, “The Nuts and Bolts of Building Electrification.” The event, taking place on July 5, would be hands-on regarding how do you do it, how do you get the money, get contractors, with people who have done it to change water heaters and stoves to induction to talk to and understand the steps.

She stated that the previously mentioned Leadership Council event was their last session and a legislative day; State Senator Weiner and U.S. Representative Kevin Mullin spoke on the importance of relationships in terms of being able to do the political work. She said, wherever we can find ways to communicate on common ground can be helpful for moving our country forward. She attended the Planning Commission meeting that was focused on the Manor Bicycle & Pedestrian Master Plan and she was excited about those improvements to our community on the north end of town. She attended the Airport Roundtable meeting where they learned about supersonics and sonic booms. They talked about the year’s work plan and she volunteered to be on their Strategic Plan Committee.

Councilmember Bier stated she saw Director DeJarnatt in the audience from North Coast County Water District and she thanked him for attending the meeting. She mentioned that she would not be able to be at former Board President Jack Burgett’s memorial but she will be sending her love to the family. She stated that the Pacifica Resource Center still needs food as there has been changes in Second Harvest and asked that people donate rice, beans, etc.

Mayor pro Tem Beckmeyer stated she had a wonderful day at Coast Pride. She thought the amount of effort and energy that went into its planning was very evident. She attended on Zoom the Ocean Protection Council meeting on June 4 where they approved the sea level rise guidance unanimously. She stated that there was quite a bit of public comment and it was interesting to hear two sides of the same issue around use of the high scenario for planning.

She was not able to attend the memorial for Half Moon Bay Mayor Joaquin Jimenez’ son, and she thanked those who were there. She attended the pre-hospital JPA meeting where they need to sort out an issue with CalPERS. There was a vote to approve Tom Piccolotti, the City Manager of Daly City, as part of the management committee of the pre-hospital emergency JPA. She was then out of town and returned yesterday.

Mayor Vaterlaus stated that she went to the dedication of the new Ortega Field. She attended Coast Pride. She went to the San Mateo County Fair and attended the SF Peninsula event

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(previously the Convention and Visitors Bureau). She represented Coast Day and went to the Jimenez funeral, where many people, including district representatives Katrina Rill and Joan Dentler of Congresswoman Anna Eshoo and State Senator Josh Becker’s offices, respectively.

She went to former Planning Director Christian Murdock’s departure event. She had a meeting with the Catalonia delegation where they discussed the statue and shared that the statue in Balaguer had also been removed. She had an interview on Pacifica’s Safe Parking Program talking about specifically her points of view on the Safe Parking Program. She also met with Congressional Candidate Sam Liccardo today before this meeting. She has met both Congressional Candidate Sam Liccardo and Congressional Candidate Evan Low and it is interesting to get to know the people.

STAFF COMMUNICATIONS
City Manager Woodhouse stated he has two exciting communications he wants to emphasize.

The first is about the renovated Civic Center ribbon cutting event on Thursday, June 27, and it will be an exciting day to highlight and show off the new Civic Center and all the great space it will provide for the community. The other, also related to facility construction, is in regards to the Sanchez Library outpost kiosk. The kiosk is installed, and the hardscape and ADA access is being built currently. The library was closed for about a week and reopened on Saturday.

While the ribbon cutting date is not determined for that, the project is nearing completion and it will be a very exciting way for 24/7 use of the kiosk. He was excited to announce those two communications about progress.

Mayor Vaterlaus read an initial public advisement at the beginning of any public comments regarding the guidelines for public comments.

PUBLIC HEARINGS

14. Certification of Final Environmental Impact Report and other associated approvals for 310-330 Esplanade Avenue Infrastructure Preservation Project PROPOSED ACTION: Staff recommends that Council moves to adopt Resolution approving the following:
(1) Certify Final Environmental Impact Report (“EIR”) for 310-330 Esplanade Avenue Infrastructure Preservation Project (“Project”);
(2) Approve Project as defined and analyzed in the EIR and proceed therewith by applying to the California Coastal Commission for permits/approvals; (3) Adopt CEQA Findings and Mitigation and Monitoring Report (“MMRP”); and (4) Direct City staff to file Notice of Determination.

City Manager Woodhouse opened the staff report. He then turned it over to staff.

Interim Dep. Director Cervantes opened with stating she is joined by PW Dep. Director Yip, consultant Mike Campbell with MIG, and consultant David Schrier with Cotton, Shires & Associates. They continued the staff report and then completed the staff report.

Mayor Vaterlaus opened the public hearing.

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Kimberly Finale, Pacifica, shared concerns about a sinkhole in 2016 in the same area that the City proposes new hardening of the shoreline, and how many times and at what cost this must be done.

Clif Lawrence, Pacifica, shared his concerns and thoughts about the process on all the different projects over a long period of time and not seeing a cohesive strategy that deals with the bluff as one bluff. He also stated concerns about losing beach access in the area.

Irene Lee, Pacifica, stated she had sent in a suggestion in written public comments submitted today, and shared her concerns about the project needing a lot of armoring at the lower part as the shotcrete could be undermined by wave action. She stated concerns about doing stuff on the vertical face, and suggested terracing.

Summer Lee, Pacifica, thanked Council and staff for the hard work they do and she echoed the sentiment that it would be nice to see in the plan money going toward long term planning and asked for clarification on the process with the Coastal Commission.

Gabe Church, Pacifica, thought it was a great proposed plan with local and federal funding, and shared some of his concerns and thoughts on the project including living in the area and seeing what happens with erosion, stating that he thinks it is a great project overall trying to protect the bluffs and slow the erosion.

Mayor Vaterlaus closed the public hearing.

Councilmember Bigstyck stated that his appreciation for discussion around sea walls has expanded greatly. He knows the Coastal Commission offered one comment letter so far and he asked if staff can tell us how they responded to that comment letter and what we reasonably can expect upon approval of this project as we interact with Coastal Commission and what the collaboration or discussion might look like when it reaches the Coastal Commission.

PW Dep. Director Yip stated that he can respond on the Coastal Commission permitting and would later pass it to Consultant Mike Campbell to discuss responses to their letter on the EIR.

PW Dep. Director Yip stated, in terms of the Coastal Commission permitting, when we get to that stage, the biggest question in front of us is the option that is discussed in the EIR. He stated that staff will, through the Coastal Commission permitting, study the no project alternative as we have with other Coastal Commission permits, including benefit cost analysis, infrastructure within the road, utilities, etc. He stated, as we go east of Esplanade Avenue, we are going to start looking at additional structures and the erosion rates. All of that will get studied once more with the Coastal Commission permitting. Staff are unsure of what they will approve until we start the process with them. He stated that he will go over some of their comments. Some of the major items he stated he will highlight include B3 in their letter and it says “describe the long-term plans for this area after the 30-year life span of the sea wall has been exceeded, including long-term plans for adapting the infrastructure or development that the armory is proposed to protect”. He stated that this is the 30-life year span and we responded that is outside of the scope of the EIR to go beyond that.

Consultant Campbell stated that the response prepared for that was the imperative to protect coastal infrastructure with armoring arises from the imminent and ongoing thread of erosion along the bluff. That infrastructure, including the street itself, will be continuously exposed to the erosive forces of the coastline; the erosion continues to degrade the coastal environment and jeopardize any critical elements. He stated that, on talking about the rationale as to why the

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armoring is proposed where it is, the idea was to ensure seamless integration with the existing wall that is there on the north and to the south and essentially fill a gap between two existing portions of the sea wall. He stated that there were 14 separate comments in the letter and there are a lot of different issues they touched on, and he asked if there was one particular issue to which they would like him to respond. He asked if he has comments regarding aesthetic resources, biological resources, geology and soils, public services, recreation, and the alternative sections in the EIR.

Councilmember Bigstyck feels like, the more that the issue is fleshed out, the better. He stated that, as comments around 30-year horizons are raised and we think in terms of the long-term planning, what is generally raised in our community is a question such as regarding sewer lines in that area that this would be protecting at the end of the day. He asked if there are sewer lines there.

PW Dep. Director Yip responded affirmatively.

Councilmember Bigstyck stated, within that context that there are roads and major city infrastructure, if we were to look in terms of long-term horizon planning and think that one day the sewer line could be better suited elsewhere, he asked if we have done any analysis in terms of something like cost or time and what that level of planning might look like.

PW Dep. Director Yip stated that relocation and realignment of sewer mains are not typical projects that the city undertakes; with more typical projects, we rehabilitate them but, in terms of this area, if we had to relocate it, a preliminary estimate in cost has been done and we would need to further do that as they get further along with the Coastal Commission permitting. He believes the last time it was undertaken was for a grant application which is a very rough estimate that was done and we would need to look at that more closely.

Councilmember Bigstyck asked if he was able to elucidate on that preliminary number.

PW Dep. Director Yip stated that he wanted to defer to the City Attorney on whether the discussion should be focused on just the certification of the EIR or answering questions.

City Attorney Kenyon stated that it is a question from a Councilmember so, if it can be answered, it should be answered. She stated that they may need the Director to answer more global questions, but if he can answer, then he can go ahead, and if he cannot, then staff does not have any definitive numbers and the Councilmember is just asking if he has an estimate of what the cost would be.

PW Dep. Director Yip stated that the grant application showed that it was around $8 million and it included a cul de sac that was needed and realignment of sewer storm water. The cul de sac is the one part that needs to be looked at a little more closely because the cul de sac requires the property that is of the project. He stated that those costs would likely be higher.

Councilmember Bigstyck asked if that was the cost estimate just for the sewer line.

PW Dep. Director Yip stated the cost would be if we were without a project and then need to realign Esplanade and create a cul de sac, realign all of the infrastructure within it, including the roadway itself, taking in any properties that are necessary in order to accomplish this.

Councilmember Bigstyck asked if it was $8 million.

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PW Dep. Director Yip stated $8 million was on the grant application and it used the number for the apartments which was a little bit lower. It valued the apartment at $1.5 million or so.

Councilmember Bigstyck stated that the numbers would be substantially paid by federal and state which leaves $2 million which would be paid out of a temporary funding through ERAF.

He asked if we have a sense of whether or not the federal and state governments would be willing to supplement us if we were to take that other approach.

PW Dep. Director Yip stated that, in terms of the exact breakdown for the funding, the state budget allocated is in the staff report.

Councilmember Bigstyck thought it was almost $3 million.

PW Dep. Director Yip stated that they allocated $7.5 million between two projects, 400 Esplanade Project and 310-330 Esplanade Project. He stated that these funding sources are constantly changing. Staff received a letter for their CalOES HMGP grant which adjusted it because of some scoping changes before the meeting. He stated that we could adjust the funding but we do not know what 400 Esplanade is going to cost at the moment so that is why we left the city ERAF funds there. He stated that there is a potential that 400 Esplanade will cost less in which case there could be more from the state budget for this project.

Councilmember Bigstyck asked, when we are talking about long-term funding, if eventually this could affect Highway 1 over the long-term horizon.

PW Dep. Director Yip answered affirmatively.

Councilmember Bier saw there is a summary of alternatives and she asked if he could give her a simple rundown of the timeline: If we certify the EIR tonight and it goes to the Coastal Commission, there is an opportunity for them to look over the alternatives and discuss those alternatives with city staff.

PW Dep. Director Yip stated that, for the alternatives, they do request that city staff look at it as part of the Coastal Commission permitting process.

Councilmember Bier asked if that means it will come back to the Council after that.

PW Dep. Director Yip stated that no, the permitting process does not come back for Council approval.

Mayor Vaterlaus referred to the 8,000 pounds of rocks and asked, if we are going to remove them, can we use them somewhere else.

PW Dep. Director Yip stated that the question is can we use the rock in another location, and that would be subject to Coastal Commission permitting as well. Staff can look into that and see if we can get it permitted somewhere.

Mayor pro Tem Beckmeyer wanted to touch on the issue of the removal of the rocks as referenced in staff report. She asked if staff can give a brief explanation for the public. She asked, if we look at the pictures in the staff report, we see all the revetment there, but the proposed project should have the sheet pile and removal of the rocks.

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PW Dep. Director Yip stated that there is a visual and he will point to it while he turns this question over to Consultant David Schrier who is the designer and Geotechnical Engineer on the project.

Consultant Schrier stated that, first, we had several meetings with the Coastal Commission and they are aware of the project and the design and it is not going to come as a shock. The fact that there is an alternative analysis presented is there for their benefit. He stated that we would not have gotten this far if we did not feel that they were on board with it. He stated that their staff have changed and things could change, but there was a time when we were getting positive reinforcement about this design from them. There is documented 8,000 tons of rock placed in our temporary permit, and the Coastal Commission is mandating that, as part of their sign-off on this project, that rock gets removed. He stated that the opportunity to reuse it someplace else on the coast is based on their discretion. He stated that we developed this design to address the main focus of the erosion that has occurred on the bluff and we see undermining from scour down below; the sand comes and goes and, while there may be a lot of sand on the beach now which covers the walls, there are certain times during heavy winter storms where that sand migrates out. He stated that is when we get a lot of erosion underneath and the intent of the sheet pile wall is to mitigate that undermining. On top of the sheet pile wall will be a concrete cap beam and this will all be covered during 11 months of a year; in that one month of a year when sand comes out, we will begin to see portions of the cap beam. He asked if that answered her question.

Mayor pro Tem Beckmeyer responded affirmatively.

PW Dep. Director Yip shared a diagram of how the wall looks like from packet page 356.

Councilmember Boles wanted to follow up on the riprap and asked if the 400 Esplanade Project was primarily a riprap on the beach versus a hard construction.

PW Dep. Director Yip stated that he is the project manager on that project as well. The history behind that project was back in 2016, during the storms, we did some emergency placement of riprap. Cotton, Shires, and Associates has been doing studies of how the riprap is behaving and holding up against the storms, and they have been holding up a lot better than expected.

Now we have put in some applications with the Coastal Commission to get that emergency riprap permitted, and we are on the second submittal for that permit application at the moment.

Councilmember Boles asked if the project being designed adds more riprap and if there may be a chance that we can reuse what we are taking out down the beach for this later on.

PW Dep. Director Yip stated that we would have to see if we can add that to the application at this time as we are far along with the application process to approve the existing riprap there; with anymore we add, there are mitigation fees that are looked at whenever the riprap takes up beach space that people would normally be able to walk on. If it was private party, the Coastal Commission would request for mitigation fees; for Pacifica as a local agency, it is typical that they will request for the city to do some access improvements, which would be the second part of this project if the riprap is approved. He stated that we can look into adding the riprap at this stage, but it might delay the process to continue to add to that project at the second submittal.

Councilmember Boles stated that, besides permitting the existing riprap, she thought we were working on another project at 400 Esplanade that we are getting funding for.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 13 June 10, 2024
Consultant Schrier stated that one of the problems with the riprap that is in front of the 310-330 Esplanade is that it is small in size, between 1 and 2 tons; in 2016-2018, the riprap we were placing at the 400 block was 6-8 tons which is significantly different.

PW Dep. Director Yip stated that the second component of the 400 Esplanade Project is to do trail improvements and the ramp that is washed out and planned to use as a construction access will also get improved along with this project.

Councilmember Boles asked if it was with the permitting of the riprap.

PW Dep. Director Yip stated that, after the riprap is permitted, we will look into doing the trail improvements and the ramp going down to the beach will also be improved.

Councilmember Boles stated she has design questions. She stated this section shows the new armoring and tiebacks at the base of the wall, but it shows the bluff face above staying at the existing angle. She is a little confused because, on the bottom of packet page 627, the top of the bluff would be allowed to erode naturally to 40-50 degrees, which is not reflected in the plan.

Consultant Schrier stated that these are the conceptual drawings at construction condition and the gradual erosion back where the slope looks for equilibrium will take some time to occur. He stated she is correct that the cross-sections do not depict the long-term condition, but the condition immediately after construction.

Councilmember Boles asked how long we expect that erosion to take.

Consultant Schrier stated that it all depends on the weather. He stated, if we look towards the north, beyond OceanAire, they have some similar walls where they are allowing the slope to erode back and we can see that the process is occurring. He stated that it is a gradual process and not linear; it happens significantly during wetter winters. The design we came up with protects the toe and, instead of having the conveyor belt process that we have been seeing over time where the bluff fails, the material that fails is positive at the toe in a non-marine environment would then begin to buttress the toe and the slope would begin to lay back to a stable inclination ultimately, and that material gets washed away by the ocean. The intent of the sea wall toe is to protect the toe and then the upper portion of the bluff will find equilibrium over time.

Councilmember Boles stated this is her district and the last two winters have been brutal and she knows we are doing an investigation of the recent erosion but there has been erosion on top of the same system at the OceanAire complex. She did measurements at 45 degrees for what the stable point is and her calculations put that stable flow at the curb of Esplanade where the dimension is the least (about 60 feet). She asked if he would agree with that.

Consultant Schrier thought he calculated about 15-20 feet from the top of the sea wall going back 40-50 degrees, approximately a 15-20 foot area.

Councilmember Boles stated, looking at packet page 356, the top of the new revetment is just over 30 feet and the top of the bluff is at 90 so that is about a 60-foot rise.

Consultant Schrier thought the top of the sea wall elevation is at 40 feet and the top of the bluff is at 88-90, so a 60-foot wall.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 14 June 10, 2024
Councilmember Boles stated 60-foot rise was what she was calculating and the plan varies but the shortest dimension is 60 feet so a 45 degree angle would put that stable slope past the curb of the street.

Consultant Schrier stated she is right. A 45-degree line is 60 foot back.

Councilmember Boles stated that, if we pull up the plan of the park on packet page 357, if this erosion is allowed to go, we may not have a park by the time the erosion has finished.

Consultant Schrier stated that is a possibility in the long term.

Councilmember Boles stated that, if we look at where the building is at 340 Esplanade to the right, that is right at the top of where the bluff starts to drop and we can see the little dash line of the fence which is the new fence for the trail, showing right at the top of the bluff, and we have the sitting areas that are less than 10 feet from the top of the bluff. She stated that her concern is that we are going to lose this quickly if we are building all this with the bluff possibly retreating all the way to Esplanade over the course of the project.

Mayor pro Tem Beckmeyer asked, when Councilmember Boles says the course of the project, whether she is talking about the 30-year life.

Councilmember Boles stated that we did not commit to how long the erosion would happen.

City Manager Woodhouse stated, to put context on the conversation, he believes it is the case that there will be ongoing monitoring of erosion. Putting it into in bigger perspectives, some commenters earlier asked about the plan citywide, and he stated that our Local Coastal Land Use Plan that we are working on with the Coastal Commission includes a requirement in implementation for shoreline adaptation studies of Pacifica’s coast. He stated that there will be many studies and ongoing monitoring about what is happening on our coastline over years to come. He thought no one is saying, including the Coastal Commission, that installing a park here is a permanent installation for 30 years or beyond. A major point about this project is that it is protecting public health and safety because it is protecting critical infrastructure that runs in the street. The park itself is a potentially temporal public asset that exists. If it can be enjoyed for ten years, there will be a cost-benefit analysis and, as Consultant Schrier mentioned, we cannot predict how much erosion is going to happen year by year. He stated that it could go quickly and the park may not be available and maybe there is a trail there that is still available or it could take 30 years. He stated that we are not here to predict what that timeline is going to be, but to put it in that context, this will be a detailed discussion during permitting with Coastal Commission about this improvement with the acknowledgement that these coastal amenities will change over time as our monitoring program measures erosion that occurs.

Councilmember Bigstyck stated, if recalling correctly, it is the first three years after the major wet season that we evaluate it and, after that, for major storm events, there is a reevaluation.

PW Dep. Director Yip stated the report stated that, “after the first three years, the report will provide each third year following the last annual report for the year in addition inspection reports will be submitted immediately following either an El Nino storm event, comparable to or greater than a 20-year storm or an earthquake of magnitude of 5.5 or greater with an epicenter in San Mateo or San Francisco Counties”.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 15 June 10, 2024
Councilmember Bigstyck stated he is trying to take steps toward long-term planning which is difficult in our community. He stated that with the understanding of what is built in, i.e., the intensive study of what is going on in conjunction erosion-wise with this project, he felt it was a good first step toward being able to have that longer conversation because instead we have a much shorter conversation which is much worse.

Councilmember Boles shared that OceanAire just redid their project and move back their railing this year and the same thing happened at the RV park down the street. She stated that now the fence is overhanging the bluffs at the OceanAire bluff top. Her concern is that the fence is right at the top of the bluff and we are not allowing any erosion to happen without having to spend more money here potentially the next winter after it gets built. Her concern is that we would want to at least build some buffer there where we are not building and having to move things immediately. She did not see budget for maintenance and ongoing work for this project.

PW Dep. Director Yip stated that, with the certification of the EIR, we are not bound to this alignment of the trail, fence alignment or park improvements with what is shown here. This was conceptual and schematic; when we get further into the design process, we can do some additional studies and pull anything back as needed to give the buffer she is requesting.

Councilmember Boles appreciated that. She stated that, on sending this off to the Coastal Commission, they want to see what improvements we are making and there has to be some mitigations for the armoring and she is assuming this counts as some of that. As part of the permitting process, they would want to see these plans for the public amenities on the bluff.

PW Dep. Director Yip agreed, and stated it is likely, with the permitting process for this portion of the project, similar to the 400 Esplanade Project, in lieu of the mitigation fees, they will ask for access improvements and trail improvements, and review that as part of the permitting process.

Councilmember Boles stated that there might be still be other improvements they ask for.

PW Dep. Director Yip stated that it is possible.

Councilmember Bier referred to questions about different projects that came from the public and she asked if he can explain to her why we do not have a more holistic view of this part of the bluff and why we are not doing a regional planning for this area.

PW Dep. Director Yip stated that the projects start off conceptual and can either start off with our CIP planning. He stated that they can either start off there or projects get created through grant applications; this project got started with an HMGP grant and it got funded for the design and environmental. He stated that, in terms of how projects are being created, we look for needs in the city and then we start going after grant applications based on those needs. To get a fuller look at our entire coastline, staff is looking into that with another application. They started with an Army Corp Cap 103 study of the 380 Esplanade area in the hope that it can turn into a general investigation and that is the study of the entire coastline of Pacifica.

Councilmember Bier stated that Supervisor Mueller was also interested in doing a more regional study of the entire coastside so we can see how all these projects are going to affect everything down and she thought it might be a good idea to get in touch with his office to see what their plans are just so we can be a part of that discussion with his staff.

City Manager Woodhouse thanked Councilmember Bier for that comment. He wanted to chime

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 16 June 10, 2024
in specific to this. He stated that PW Dep. Director Yip is correct regarding our inquiries and work with the Army Corp of Engineers about an investigation of the entire coastline. He stated that is a long-term process and takes an act of Congress ten years to move through the process to just do that study. He stated, as a reminder of history on this, this is city property and we have taken the property and have control of it. He stated that it is flanked by two private properties that have soil nail walls in place and this is the consistent treatment with those two properties. He stated that it does take the regional view for the protection of critical infrastructure and public health and safety that is necessary immediately. As he mentioned earlier at the outset of this, we can do the long term adaptation planning that the Coastal Commission will require the city to do through the Local Coastal Plan and work on that over a long period of time which involves lots of economics, financial, legalities, and complex planning that takes decades.

Councilmember Bier stated that is what she was looking for, i.e., that it is sandwiched between two private properties.

Councilmember Boles referred to packet page 356. Her concern is as the bluff erodes, then we have the plane of sand and we would not have any vegetation growing on that slope.

Consultant Schrier stated that he wants to return to their previous conversation where he found his CAD drawing. He stated that, according to the drawings, the slope that would intersect the edge of the sidewalk would be a 33-degree slope and the 45-degree slope would provide a buttress of approximately 20 feet from the back edge of the sidewalk.

Councilmember Boles asked what dimension he was using for his bluff.

Consultant Schrier stated that the 60-foot bluff but it is not vertical and perhaps that was the problem. There is a bluff that is not a vertical face. It is inclined by 70 degrees.

Councilmember Boles asked if we might have 20 feet in terms of a path, etc.

Consultant Schrier stated from the top of the bluff to the top of the wall, there is about a horizontal distance of 20 feet. He asked what her other question was.

Councilmember Boles stated that as the bluff erodes and we lose the landscaping along with it, we cannot plant on that 45-degree slope.

Consultant Schrier stated he is not a biologist or a botanist and would not know.

Councilmember Boles stated she is concerned about more erosion without the plant life to hold it in. She asked to go back to talking about the budget, and she thought it would help to see the plan on packet page 354.

Councilmember Boles stated that this project poses not just protection at the three vacant lots that the city owns but at the two adjacent lots at 340 and 350 Esplanade. She wanted to understand what discussions and agreements are in place with those owners and whether we have talked about any cost sharing since the work we are doing here would help protect their buildings as well.

Consultant Schrier understood the city has had discussions regarding cost sharing with the property owners at 340 and 350 Esplanade.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 17 June 10, 2024
City Manager Woodhouse stated that there have been some conversations with those property owners but whether we were able to negotiate anything with them is separate from this project and the certification of the EIR. He thought PW Dep. Director Yip can speak, more importantly, to the requirement for the longevity of this project that it does tie into the other sea wall. In order to have this project occur, it has to include going all the way and tying into the other sea wall for it to be feasible. There is no requirement for the property owner to contribute funding to it; in order for this to protect city property, this is the design it needs to be.

City Attorney Kenyon stated he is correct and, for clarification, she was involved with staff in 2016 when we first started discussing this with the neighboring property owners and it was her understanding that those discussions were not proving fruitful. She was asked whether or not we could impose this requirement on the property owners to share and our conclusion was that we could not legally require that. She asked staff if this entire project, including the 340 property and beyond, is required to protect those properties as part of this project and the answer was yes, as City Manager indicated. Her next analysis was that we are providing a benefit to this community and is that a gift of public funds and the answer is no it is not because we cannot produce or construct a project without constructing it as one.

Councilmember Boles asked how long we think it will take to permit and build this project.

Consultant Schrier stated that, to build the project, we are estimating that the construction season would be April 15 to October 15; for the permit, he will leave it to staff.

Interim Dep. Director Cervantes stated that we have other permit applications with Coastal Commission that have taken close to two years so it is hard to say. It is based on the required application materials and how quickly city staff can answer their questions, which is the main reason for the extension of time for the application review.

Councilmember Boles stated the building at 340 Esplanade is close to the edge now and, given episodic bluff erosion, in this 2-3 year processing of permitting, as that building is potentially redtagged, that does not change the project.

Consultant Schrier stated it would not. There would be some realignment of walls, but the concept that we have this unprotected section of bluff and the idea is to mitigate that by constructing sea wall between the two existing sea walls.

Councilmember Bier stated we have to be working with Coastal Commission throughout a project and there may not have been discussions with the new staff about this, and that concerns her because she feels that she has learned that this is what we have to do from the very beginning and all the way through. She stated that, even with the GGNRA, we have to start talking to the Coastal Commission right now.

Councilmember Bigstyck stated that, to the best of his knowledge, the GGNRA immediately spoke to them and started getting feedback. He stated that the point is well-taken that we need to make sure that Coastal Commissioners are our partners and we need to know what they are thinking now, not later.

Mayor pro Tem Beckmeyer recognized that staff has changed and we have been having conversations with staff that are in place at this time.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 18 June 10, 2024
Consultant Schrier stated the feedback letter is a recent communication.

City Manager Woodhouse stated we have been working with Coastal staff, and they might have staff changes, but as an organization, they are aware of this project and are on record with their comments. He stated that submittal of the EIR is a requirement to them to begin the permitting process. He stated that we cannot get definitive answers and input from them until we get through this milestone.

Interim Dep. Director Cervantes stated that she was going to add that, although there are new staff at the Coastal Commission, there still are existing staff as well, so there is a continuity of staff at the Coastal Commission that we have contact with.

Councilmember Bigstyck stated that we have received feedback from those who are there now and it is just that new eyes are going to be looking at it also.

Interim Dep. Director Cervantes responded affirmatively.

Mayor Vaterlaus called a break and then reconvened the meeting.

Councilmember Boles stated that the Coastal Commission’s letter is on packet page 621 and staff’s responses are on page 625. She referred to page 621, project description 1 is identified as response B1 in the middle, and it says “provide a written explanation and accompanying graphic to illustrate the infrastructure and/or other development present that the armoring is supposed to protect including anticipating remaining life, date of construction, permit history, etc.” She stated that there is a bit of description but not very much of the permit history that she could find in the response. She explained that her intention in asking these questions is to make sure we have the best application we have so it does not get brought back and we are truly answering their questions. She stated, when they say accompanying graphic, the first thing that came to her mind was what we did for the BBIRP where the surveyor is the one who provides the plan that lays out all the utilities in the street so we know exactly what is in the street; that seems to her what they are asking and she asked if we can clarify if that information is somewhere.

Consultant Campbell stated that we tried to address the history of the development of the infrastructure on Esplanade Avenue and we had a lengthy discussion with Public Works staff in trying to track down subdivision maps and anything that would show when that infrastructure was originally developed. He stated that, as far as diagrams, etc., in response to their comment on the EIR, it did not seem like it was a necessary thing to add when it would not provide enough basis for additional analysis of the impacts and that is why there is no drawing put in there that satisfies that question. He stated that the best we could do was try to track down the history and describe that for them.

Councilmember Boles stated that she disagrees, especially as further down the Coastal Commission talks about the infrastructure and the need to consider managed retreat and really understand the infrastructure there in the street and value and replacement value of that. She stated surveyors locate all the infrastructure in the street and put it on a drawing and it is not impossible to do. She stated that, besides this letter from the Coastal Commission, there was a letter in the Notice of Preparation and a lot of these comments are the same and this is what concerns her that we are not paying close attention to what they are asking for and it might end up causing the city problems if we are not giving them the information they need to fully make their decision.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 19 June 10, 2024
City Manager Woodhouse wanted to mention about process here. The city is considering and submitting an EIR; there are not designs for this project yet. In considering the EIR, to submit the project and apply to the Coastal Commission, that will begin an iterative process for the permitting and project detail discussion with the Coastal Commission. The city would not normally expend extra money on consultants and surveying for a lot of project-related details until we can get to that specific point and requirement in discussion with the Coastal Commission. He stated that they may come back and review our application but we cannot guess what they are going to require; just a comment letter on the EIR is not a requirement for the city to do that. He stated, from a process perspective, he would point that out in terms of project details.

PW Dep. Director Yip stated he would add on to his comments that this is common for city staff to be taking on this type of request with the Coastal Commission permitting. Staff have done so with other projects as they will request similar items, permitting history, utilities as built, etc. and we can look into it further as we get into the permitting phase.

Councilmember Boles stated the importance of this information comes up later in their EIR comment. She stated that we talked about the 30-year life span and what the long-term plans are afterwards. She stated that we have heard from public comments that we are not doing long-term planning, and this comment was in both the NOP and this letter for the Coastal Commission. She wanted to share one insight from the Coastal Cities working group that Mayor Vaterlaus and Mayor pro Tem Beckmeyer attended recently, where the City of Santa Cruz was presenting their coastal projects which included some new armoring for West Cliff Drive; one of the things their Public Works or Planning official stated was, as they came to the Coastal Commission with sea wall hard armoring project on West Cliff Drive, in their input from the Coastal Commission, they were hesitant to look and approve those projects. It was helpful in their permit approvals to be able to say that they were doing longer term projects and planning. She believed it is becoming more and more important. She stated that a lot of community members do not want managed retreat but the truth is that this kind of armoring is, in her view, a tool of managed retreat but we are slowing it down so they can do longer term planning as the ocean is going to keep winning. This project is only being designed for 30 years and it takes a long time to plan and to move infrastructure and buildings and roads. She thinks that is the work we need to be starting soon. She sees Coastal Commission asking for that here and it might come up with that again in discussions.

Mayor pro Tem Beckmeyer stated that her opinion is that we are addressing that longer term planning with our request to the Army Corp for looking at that whole portion of our coastline.

She thinks that is where the detail will come in that project.

Councilmember Boles stated she does not know the full extent of the Army Corp project. She thought telling Coastal Commission in this letter that we are trying to get this Army Corp determination and are hoping to do some more long-term planning could help our permitting.

Mayor Vaterlaus asked if West Cliff Drive has infrastructure underneath.

Mayor pro Tem Beckmeyer stated it is a little different.

Mayor Vaterlaus stated it makes a difference if it is just a roadway for infrastructure.

Councilmember Boles referred to Coastal Commission’s comment noted as B6 about staging

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 20 June 10, 2024
and ESHA that relates to the staging area on the other side at 400 Esplanade. She stated that the first question is, has that staging area been included in the EIR and did we look at ESHA across from Manor.

Consultant Campbell stated that we did discuss that in the EIR, and we identified that as a coastal habitat zone in that area in the south that is proposed for a staging area. The issue of habitat protection or a danger to wildlife was addressed through a mitigation measure that included pre-construction nesting bird surveys. He stated that it covers all types of birds that occur in the coastal areas in the bluffs, and that particular habitat zone could potentially include nesting birds and therefore has mitigation in the EIR that requires pre-construction survey; the preconstruction surveys would be required before anything happens there. He stated that there is some protection built into that particular area.

Councilmember Boles thought a broader question is whether this is an ESHA, and we know as they are updating the Local Coastal Plan now that the Coastal Commission considers dunes as ESHA and she is assuming that this area is officially dunes. She stated that she has seen the analysis of the birds, but the question is this potentially ESHA and has that been analyzed.

Consultant Campbell stated that the biologist on their team did review that but they did not identify that particular stretch as ESHA.

Councilmember Boles asked if he can read their response to the Coastal Commission for that particular item to clarify.

Consultant Campbell stated “south staging area is proposed because of its adjacency to the existing beach trail. Sensitive and critical habitat map contained in the certification draft, Local Coastal Land Use Plan, contains the following disclaimer. The preliminary delineation of ESHA boundaries does not include an exhaustive compilation of the habitat areas that meet the ESHA definition. Site specific biological evaluations and field observations shall be required to identify ESHA’s special status resources that may not have been included in the literature and data base review. The biological assessment prepared for the project site by MIG that was included in the city’s CDP application as appendix H, also included as appendix D in the draft EIR, stating that there are no mapped ESHAs within or nearby the study area. Given the disclaimer in the LCLUP map, precise boundaries of the ESHA designation shown near the proposed southern staging area should not necessarily be interpreted as including the actual staging area which consists of an approximately 7500 square foot area extending from the edge of Esplanade Avenue to approximately 40 feet from the edge of the bluff. This area is devoid of vegetation, although the edge and the face of the bluff are vegetative.” Councilmember Boles stated Coastal Commission will follow up if this analysis is not enough.

Consultant Campbell stated that their biologist will be working directly on the permitting for those areas so we will continue that discussion. For the purpose of the EIR, the biologist did conduct an analysis and that was the conclusion.

Councilmember Boles asked about the EIR options which includes the Coastal Commission comment too, starting on page 290. She stated that one of the comments from the Coastal Commission is that the no project alternative should include the removal of the non-permitted revetment. She thought that means all the rocks in front of these projects were put in with emergency permits but not followed up with the proper Coastal Development Permits and mitigations. She wanted to make sure to include that in the revisions.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 21 June 10, 2024
Consultant Campbell stated for B13 that was a suggestion on behalf of the Coastal Commission and we were agreeable to it.

Councilmember Bigstyck stated, for each “comment noted,” he understood it was taken well.

Councilmember Boles asked if it had been included in the document or not as a revision.

Consultant Campbell stated there was no revision made to the document in response to B13.

Councilmember Boles thought it sounds like the Coastal Commission wants that.

Consultant Campbell acknowledged that.

Councilmember Bigstyck asked, when it says “no comment,” if that means we are ready to address it when this does come before Coastal Commission.

Consultant Campbell stated, when we respond with “comment noted,” it is typically an agreement with the comment, depending on what the comment is saying. If it is something requiring some action, we will either add a revision in the final EIR or, if not, then it does not get included. In this case, that may be something that would require additional discussion, but as far as the no project alternative, that no project alternative basically describes the existing condition as being left as it is. He stated that it was our feeling that did not include removal of the previous sea wall that was there.

City Attorney Kenyon clarified for Councilmember Boles’ questions about what the Coastal Commission asks for and how the EIR consultant responded to it that the EIR consultant only has to respond to the comment to the extent that it is required to assure that the legal adequacy of the EIR document itself. It does not mean that those comments should not be addressed with the Coastal Commission but the EIR consultant and Council’s exercise at this meeting is to determine whether or not we can certify the EIR is based on whether or not the EIR is legally adequate. She stated that comment and that response to comment as it exists today does not impact the legal validity of the EIR.

Councilmember Boles understood and stated her concern is we are certifying this EIR as it is.

City Attorney Kenyon stated that Council is certifying the legal adequacy of the EIR, and as staff has indicated before, this is different than when we normally certify an EIR, as normally when we are certifying an EIR, we are also certifying the EIR in anticipation of approving the project and that is not what is happening at this meeting. She stated that we do not approve the project; the Coastal Commission will approve the project. Council is just certifying the legal adequacy of the EIR for purposes of submitting the project to the Coastal Commission.

Councilmember Bier thanked her for clarifying as she assumed we were certifying the EIR to then approve.

City Attorney Kenyon added that we are not approving the project.

Councilmember Boles stated that we do not have any approval of the project at all, just the budget at the end.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 22 June 10, 2024
City Attorney Kenyon stated that, ultimately, the Coastal Commission is the approver. She stated we are involved as the applicant but permitting comes from the Coastal Commission.

City Manager Woodhouse reminded Council that, in 2018, City Council approved and directed the preferred alternative for this project, and that initiated Cotton, Shires, and Associates’ work and MIG’s work of the EIR development work.

Councilmember Bier stated that, on proposed action No. 2, it says “approve project as defined and analyzed in the EIR and proceed therewith by applying to the Coastal Commission”.

Councilmember Boles stated that she would contradict what was just said.

Councilmember Bier asked if staff can explain the difference between what it is saying here and what she understands.

Interim Dep. Director Cervantes stated that, in the action, essentially we determined that the Council could not certify the final EIR without approving the project description as is defined and analyzed in the EIR. Essentially, when we say approve the project, we are approving the project description that is included in the EIR and was analyzed, and we are not approving the project as in approving permits for the project, as that will be done by the Coastal Commission.

Councilmember Boles asked about the sand nourishment option, wherein the Coastal Commission questions if we gave enough information to consider that as an alternative.

City Attorney Kenyon stated that is a question for the EIR consultant, which he should address.

She emphasized for Council and staff to discuss the same issue when posing questions. She stated that issue, in terms of “is that one alternative adequate for purposes of the EIR,” is what should be asked of the consultant.

Councilmember Boles thanked her. She then stated that the Coastal Commission’s comment on Alternative 3, which is note B14, says “the sand replenishment alternative notes that it is likely infeasible that sand rapidly moved from the beach under winter storm condition. While this may be the case for this alternative, that should be evaluated in more depth for the selected project as well, especially given that the proposed project would cut off sand supplied to the beach fronting the toe of the bluff and thus impact wave dynamics and subsequent bluff erosion.” She stated that the Coastal Commission is asking for more analysis of that option.

She stated the response says that sand replenishment is repetitive and limitless but she knows we have done this for the BBIRP where we estimated how many sand replenishments we would need for that so over a 50-year period of that project. She stated that it seems like we could do this for this analysis too. She thought we had beyond the initial replenishment. She stated that the analysis says that this does not meet the objectives because it does not build a sea wall but page 299 also says the sand nourishment would halt toe erosion so a sea wall may not be needed. She asked if that has been studied as we do sand nourishment. She stated that it also says the staging area and the park could not be built but the staging area is not needed if we are not doing the sand nourishment and there is no prohibition on building the park if we do the sand nourishment. That is a whole separate project that is happening at the end of the sea wall. She was concerned that we have not fully analyzed that as an option, and she knows other cities, having just heard from San Clemente, are pursuing sand nourishment as a top option now over hard armory.

City Attorney Kenyon stated the purpose for the range of reasonable alternatives is so that the

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body can determine whether or not the alternative that is proposed is part of the project description is the appropriate.

Councilmember Boles added the least environmentally damaging solution.

City Attorney Kenyon stated that the appropriate question for the consultant, i.e., is that alternative, the sand nourishment, a reasonable alternative that we have appropriately analyzed. She stated that, in terms of whether or not it is the Council’s preferred alternative, that is something the Council will answer. She stated that, with all of that response or analysis that she just referred to, in terms of the project and what meets the project is based on what that project description is, which is what Interim Dep. Director Cervantes said is what the Council is approving, i.e., we are approving that project description because that is what the reasonable alternatives are geared towards analyzing and do they meet the project objectives as described in the project description. She stated that we should have the EIR consultant answer her question in terms of his analysis and whether or not he feels that the sand nourishment alternative is adequately analyzed for purposes of adequacy of the EIR.

Consultant Campbell stated that, in response to that, another thing to note is that CEQA does not require any fully detailed analysis of each of the alternatives. In this case, we have to rely on experts in the subject matter, and what we did is we went back and revised that discussion based on information provided by Cotton, Shires, and Associates who are experts in this subject and worked on this project a long time. He feels that our response was adequate. The other thing, in an alternative analysis, is that we have to address is how well it addresses the objectives of the project and, for those reasons, it did not come out as the preferred alternative.

He thought, by the terms of CEQA, we did an adequate job of responding to that comment by the Coastal Commission.

Councilmember Boles thought, without knowing how many nourishments he is talking about, repetitive and limitless is not true over certain period of time. She did not agree with the analysis as page 299 states it would halt toe erosion, and that meets the benefits of the sea wall. She stated that the staging area is not needed because we do not have all the equipment we need to get up and down to build the sea wall and the part could be built. She did not think it has been properly analyzed.

City Manager Woodhouse added, in looking at the EIR description on packet page 299, the statement that is made is that “it is unlikely that sand nourishment would be sustainable and sand replenishment would not provide similar lateral support to the bluff that would result from using a structural approach.” He stated that, if we want to spend more time on this, he would ask Consultant Campbell to describe some of the findings regarding it not being sustainable.

Consultant Campbell thought the main reason it was found unsustainable is because there was no way of knowing how many potential trucks could occur in the future, there was no end limit to it, so it was difficult to make a finding on whether it is sustainable or not; we would probably have to assume the worst as a conservative assumption. The consultant did not have enough empirical evidence, and did not have enough studies to look at in order to make that determination, but it seemed reasonable to assume that it could go on endlessly and there was no limit to it which would make it unsustainable.

Councilmember Bigstyck stated that we are looking at a project that totals about $14 million, of which we paid $2 million. His understanding is that each nourishment is not inexpensive; in conjunction with BBIRP, we understand that, with Mori Point, we have a groin and there is some

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mechanism whereby sand retention is more likely than not and it is contained within the context of that project. He stated that, when the conversation happens, he exhibited some level of skepticism over beach nourishment there. He stated that there are members of the community who have reached out in terms of natural adaptive strategies that might aid in sand retention in the long term, including for BBIRP. In terms of what we are looking at here, we are looking at $2 million to gain the city 30 years to figure out long-term planning versus indeterminant sand nourishment to get us 30 years of long-term planning.

Councilmember Boles stated GHD did that analysis for Beach Boulevard and Mori Point does not help it completely because it is too far. She thought it is possible and thought that Coastal Commission is asking for it and that is why she brings this up, as she was not sure they will be happy with this analysis and she will leave it at that. She stated that the more important one the Coastal Commission brings up is whether the EIR needs to analyze the managed retreat option.

She stated that this was noted in their previous comment letter where it talked about retreat of infrastructure on page 623, where it specifically says “Coastal Commission staff is unable to concur with the conclusion that this option does not merit further consideration. Cost analysis of long-term bluff protection versus infrastructure move…” and from what she understands, this is mostly the cost of the sewer, according to the vulnerability assessment. She stated that we were saying that the cost of that, reconfiguring the road and the sewer was an $8 million project and this is now $14 million. She thought we need to analyze that, not necessarily that it is our choice, but that is something they require us to analyze.

City Manager Woodhouse wants to go back and put a caveat on PW Dep. Director Yip’s statement about $8 million, and that was a very limited scope for what infrastructure changes would need to occur. For managed retreat in this area, that would mean moving of streets, takings of houses, water and sewer infrastructure; while the city does not have all those costs, we know from the Beach Boulevard Infrastructure Resiliency Project analysis that the cost impacts are enormous in doing that. That is a very long-term process, and one of the project objectives here is the emergency protection of the infrastructure and the street and access to those houses and the naturally affordable housing that exists there.

Councilmember Boles understood that it is expensive, but the Coastal Commission is asking for the analysis.

City Manager Woodhouse stated that, going back to the sufficiency of this EIR as separate, is it legally sufficient separate from what an agency might comment about it. That would be a potential future conversation and topic with the Coastal Commission during permitting, and the city may need to do some more research or analysis about potential costs, but that is part of the permitting process, not the legal adequacy of the EIR certification.

Consultant Campbell stated that we discussed a few other issues and it was not just the cost of relocating the infrastructure alone: “Stability of the adjacent bluffs could be impacted by making future predictions of how much area would be subject to managed retreat and difficult. If an organized area with existing infrastructure, as well as structures across the relocation and compensation may also be prohibitive and uncertain when geomorphic stability would be achieved under a managed retreat plan and a continued erosion of the over steepened and unstable bluffs would also pose a continued risk to the public, especially on the beach under the bluffs. He stated that the timing for moving infrastructure, such as water and wastewater lines, planning for construction of a new pump station is lengthy and may require acquisition of private easements, the success of which would not be guaranteed.”

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Councilmember Boles asked if he thought the Coastal Commission’s comment that this option does not merit further consideration and detail is not necessary.

Consultant Campbell stated, for the sake of the EIR, he thinks that is an adequate description and adequate analysis by CEQA definition.

Councilmember Boles stated that there is a phrase on page 345 of the EIR, the managed retreat alternative considered but rejected: “Furthermore, the City of Pacifica City Council deemed managed retreat infeasible in the city’s most recent sea level rise adaptation plan for this area.” She would state that it is not true, as the adaptation plan does show managed retreat as a valid long-term option for this area, and she would like a correction to that. She stated that we have been having Local Coastal Plan discussion and in the minutes on packet page 37, Planning Director Murdock specifically says we do not have an anti-managed retreat policy. She asked if it was possible to strike that line.

City Attorney Kenyon stated that we should not be getting into editing the EIR, but that question should be answered by Consultant Campbell.

Consultant Campbell stated that when we wrote that in the EIR was based on the best information we had available at the time. If that is incorrect, then a retraction would be justifiable but, at this stage in the process, he was not sure how we would do that.

City Attorney Kenyon stated that she did not think we can edit the EIR at this point as that document has been circulated and, for approval, we would have to go back and re-analyze whether or not, based on direction at this meeting, that it is adequate analysis for purposes of changing that conclusion that is in the EIR.

Consultant Campbell stated that, particularly in the context of alternative discussion in the EIR, as this is not making any impact statement. The question is if this analysis of this alternative adequate under CEQA, and he believes it is.

City Manager Woodhouse added that the LCLUP adopted by Council is from 2019 or so, regarding possible amendments, and that does exclude managed retreat as alternatives.

Councilmember Boles stated the statement talks about the adaptation plan, not the LCLUP.

Mayor pro Tem Beckmeyer stated that she was going to follow up on that statement, i.e., what was Councilmember Boles’ reference on why the adaptation plan or where the adaptation plan says managed retreat is a reasonable choice for this timeframe.

Councilmember Boles stated she can pull it up as it is in the adaptation strategies by area.

Mayor pro Tem Beckmeyer did not believe it was for this timeframe. She thought it was a longer term consideration.

Councilmember Boles asked if Council cannot change anything on this document at this meeting, and it is voting either yes or no.

City Attorney Kenyon answered affirmatively. She stated Council could direct it back to staff to get more analysis, but she is not comfortable advising the consultants to go ahead and make edits of the EIR that have not been thoroughly analyzed. She would not think that the

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consultant would want to make that kind of change or edit in to the document without doing their own analysis. She stated she is not saying it cannot be done, but it cannot be done at this meeting and would have to go back, and we would have to bring this back to Council for certification at a later date.

Councilmember Boles referred to page 252, where it says, “a mitigation monitoring program would therefore be required for the San Carlos focused General Plan update EIR”.

City Attorney Kenyon stated that referring to San Carlos in the EIR is an administrative error.

The consultant can fix that as it is a typographical error and it does not require more analysis.

Councilmember Boles stated that starting on page 653 there were comment letters from a consultant from the owner of 340 Esplanade. The consultant asked to add a statement that there is a possibility that bluff erosion rates over time normalize to lower rates more consistent with historic rates. She stated she would like to know what evidence we have for that because the new Ocean Protection Council guidance stated “sea level rise when combined with extreme storms and higher tides will result in accelerated cliff and bluff erosion, coastal flooding and beach loss and immobilization of subsurface contaminant”. She said instead of normalizing, it could get worse, and she objects to that statement being added.

Consultant Campbell deferred to Consultant Schrier on the technical validity of that statement.

Consultant Schrier asked if he was being asked to comment on RJR’s letter.

Councilmember Boles stated on the change of bluff erosion rates and whether they would normalize to lower rates or whether they might get worse, as was recently stated in the Ocean Protection Council guidance.

City Attorney Kenyon asked if that was a statement that the EIR consultant makes or a comment.

Councilmember Boles stated that it was added to the errata, and it was changes to the EIR that were made and the comment was incorporated.

Consultant Campbell stated it was in the response and that MIG would refer to their technical experts when they come up with these responses.

Mayor Vaterlaus stated that it could get higher or lower and anything can happen.

Councilmember Boles stated that it has been worse the last two years and it will worsen with the storms we are getting, per the Ocean Protection Council. She stated that she is objecting to the normalization. She is not saying that we have to say it is going to get worse. She does not know scientifically where this information came from and how it was validated.

Councilmember Campbell stated he cannot substantiate the research as MIG typically consults with the project geologist on technical issues like that. He stated he would be happy to get back to her on that.

Councilmember Boles stated that, for the community, she has a couple of other questions that are not EIR-related. Packet page 243 says that the trail to the beach at 100 Esplanade, which is the OceanAire path, is going to have workers and small machinery using that, and she does

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 27 June 10, 2024
not know if that has been studied in the EIR and if there is any specific information we have about effects to public access from using this trail for construction, people, and materials. She stated that EIR says the access would not be affected but page 243 says we would be using this for construction access.

PW Dep. Director Yip referred to packet page 617 that states “the final EIR should make it clear and mention the existing public access trail at 100 Esplanade was added because of the future restorations/passive recreation area proposed by the project bluff top,” which is the reason that area was added to the EIR. He asked if Consultant Campbell can confirm that. He stated one portion is in the Coastal Conservancy’s response letter; he believes there was a similar response to question in A2-1, A2-2, and A2-3 from the Coastal Conservancy letter.

Councilmember Boles thought they did not address 100 Esplanade, more for the other one.

Consultant Campbell stated their response stated, “The existing 100 block access trail provides public access. It was discussed in the aesthetics. It does not impact public access to beach and trails.” He referred to the comment in A2-2 and stated those are difficult questions to answer as they are in response to two different sets of emails from a long time ago. He thought the point of the response is that the comment about the bluff access being impacted by the riprap on the beach did not make sense and was unsubstantiated. He stated that MIG said, “The project includes removal of the riprap in the immediate vicinity of the sea wall which expands from the northern most point of the 100 block to approximately the southern end of the 340 property.” The existing access trail that it is referring to is 1100 feet south of this location and he thinks is being talked about was the access trail opposite Manor Drive and he thinks it was trying to make a clarification there. He stated that, as far as he is aware, the EIR in more than one spot states that the access at the 100 block would not be impacted.

Councilmember Boles asked if the fact that workers and small machinery are going to use that path impacts it.

Consultant Campbell stated that would be the assumption.

Councilmember Boles stated that means the EIR has not assessed those impacts.

Consultant Campbell stated what the EIR is stating is that access to the public would not be impaired even if there are workers or small equipment using it.

City Attorney Kenyon agreed, adding that it is not that the consultant did not analyze it. The consultant is saying is that they did analyze and they did not find any significant impacts to public access even though there will be workers there. She stated that is a conclusion the EIR consultant has made.

Councilmember Boles stated her question was it analyzed for construction impact.

Consultant Campbell stated it was analyzed and that is why the document states what it is.

Councilmember Boles understood. She wanted to understand the impacts are to the community if we are ever closing that trail as we are using it for construction. She asked if we anticipate any closures at all on that path.

Consultant Campbell stated there are no plans to close that path during construction.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 28 June 10, 2024
Councilmember Boles stated packet page 243 says work construction times are Monday through Friday, 7:00 - 7:00, Saturday and Sunday, 9:00 - 5:00, for 260 days. She asked if that is what we are expecting with the construction.

PW Dep. Director Yip stated that there are two conditions. The project is planned to start this during spring, around April, and go into winter time. He stated that there are conditions for rainy days, depending on the type of work that can get impacted as well as the birdnesting season, which is not accounted for in the 260 days, so that could lead to a pause of work depending on those two conditions.

Councilmember Boles thought that is a relatively big impact to the community.

Councilmember Bigstyck stated we are trying to facilitate the community’s greater ability to live in that space.

Councilmember Boles hoped we give the community enough notice to have the opportunity to relocate.

Councilmember Bigstyck understood.

Councilmember Boles asked to explain the noise that we are expecting. She asked to describe the impacts in simple terms for the community and why we thought a noise barrier was needed on Esplanade but not towards the apartment buildings.

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

EXTEND MEETING TO 12:00 AM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
Councilmember Bier stated the work hours concerns her as that is every day of the week and she was surprised to see that.

PW Director Petersen stated that those are our permit hour requirements, but similar to the Civic Center job, we are not working from 7:00 am to 7:00 pm, and not working every weekend.

She stated that contractors have set hours which tend to be 40 hours a week or less, and that just allows those times to be available. She stated, at the Civic Center, there have been some days where they asked if the contractor can work a little later or can they work on a Saturday; that allows that flexibility to provide to the contractor at that time. She stated that we will not be working seven days a week.

Councilmember Boles stated that, with the timeframe of 260 days and not being able to work when it is raining, she is reading into it that we are trying to do as much as we can between April and October so that might be seven days a week so we can get ahead of all the grading and major construction work before the rainy period starts.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 29 June 10, 2024
PW Director Petersen stated that she has never seen a contractor, in her 35 years of working on capital projects, work seven days a week. What will happen is that the project will get extended out, similar to the Civic Center.

Councilmember Boles hoped we can give that good news to the community when the project starts.

Consultant Schrier added that one of the key factors for having that flexibility is taking advantage of tides, especially at the beginning of the job when we are on the beach and we cannot work during high tides.

Mayor pro Tem Beckmeyer stated that is what she figured would happen.

Councilmember Boles asked if someone can answer the question about noise.

Consultant Campbell stated, to summarize the noise impacts, the impacts will result from the construction activities and there are several pieces of equipment that will be necessary to use that do produce a lot of decibels. The analysis measured the ambient conditions out there and, given all the input on the proposed construction equipment and durations of use, modeled what the noise levels would end up being during the construction period; because they exceeded the city’s thresholds, MIG had to propose mitigation. The mitigation measures in there would reduce those levels to below the city’s thresholds. He stated, as far as the physical improvements that would happen, one of the mitigation measures is a wall, essentially a sound barrier along the western side of Esplanade Avenue to protect the residents on the eastern side of the street; those would be directly affected and the ones who could benefit from having a sound barrier on the street. MIG looked at the option for protecting the buildings that are still there on the west side of the street and there was no way to physically build any structure adjacent to those buildings, as there was no way to mitigate the sound impacts directly to those buildings there on the west side of the street. He stated that the mitigation measures that were developed were essentially to create a sound mitigation reporting system, a noise reduction plan that can be reviewed by the community, and a contact person’s name to talk to directly when the noise becomes an issue. He stated that those are the mitigations proposed.

Councilmember Boles stated that we have the width of Esplanade and it is more narrow in the other direction toward the street. She asked if he can explain technically why a sound wall to the south and residents at 350 is not possible.

Consultant Campbell stated that we looked at the ways to bring those sound levels down in those buildings and there was no way to physically attach or construct a wall, as the resulting height would have been too high. He stated that we looked at ways to make that happen and it was not feasible.

Councilmember Boles asked how it is happening on the other side along Esplanade.

Consultant Campbell stated that it is not. The sound barrier would go along the west side of the roadway, and the intent is to protect the sensitive receptors on the opposite side of the street.

He stated that we could not do the same for the building immediately adjacent on the west side of the street.

Mayor pro Tem Beckmeyer stated her understanding is that what is feasible is protecting the east side of the street. However, for the buildings that are adjacent to where the work would be

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taking place, there was not a way to mitigate the sound for those buildings on the west side of the street. She asked if she is correct.

Consultant Campbell stated that it is essentially correct.

Councilmember Boles stated that her understanding is that the sound barriers are happening somehow in parallel to Esplanade Avenue.

Consultant Campbell stated that it is correct.

Councilmember Boles asked how they are supported if they are tall because there is no structure there.

Consultant Campbell stated that, to answer that level of technical question, he could have a conversation with their acoustic experts and get back to her on that.

Councilmember Boles stated she would like to know.

City Manager Woodhouse asked if this was about the project level design of the sound walls.

Councilmember Boles states that it relates to the EIR in the noise. The consultant is saying that the noise exceeds the city’s standards and that we are providing protection for these residents but not for the other residents and she is trying to understand why because we are not meeting our requirements in the EIR for noise.

City Manager Woodhouse thought the consultant was saying that it was not feasible to protect the 340 or 350 Esplanade from project noise but it is feasible to put the sound protection along Esplanade to protect the noise from across the way and the specific project design of that sound wall has yet to be developed during the project design and implementation.

Consultant Campbell stated, regarding the design of the wall, MIG does specify that the material of the wall has to be of a certain density and there are certain specifications that we name in the EIR, but as far as what the foundations look like or how it is anchored to the ground, he would need to talk to their experts. He stated that their experts stated this is standard noise mitigation when proposing a sound barrier: It has to be of a minimum density with no gaps in it and it has to be within a certain range of materials that they can use that are acceptable for that.

Councilmember Boles understood but did not see the difference because it would be hard to install in both locations because there is nothing to attach it to. She would like to consider looking at expanding that because the residents there are even closer to the noise than the people across the street.

City Attorney Kenyon stated that that direction can be given separately to staff. She stated that the consultant is saying that, for the legal adequacy of the EIR, they have done their analysis and their analysis is that, for 340 and 350, it is not feasible. She stated that it does not mean that the city cannot consider it at a later time.

Councilmember Boles thanked her and stated that she would like the city to consider that. She stated that the EIR says to avoid generators if feasible, and she asked if we can confirm what generators would be used for. She thought it was just for lighting but wanted to confirm if there are other tools that need a power and whether the generators, for noise and particulate matter,

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assuming that those are diesel, were analyzed in the EIR.

Consultant Campbell stated that the generator noise and emissions were both analyzed in the EIR in the air quality analysis and in the noise analysis. He stated, as far as the use and how many, those are details that PW Dep. Director Yip can address better. The assumption was that generators would be used and they were built into the modeling for both air emissions and noise output.

PW Dep. Director Yip stated it was cited in the EIR that we shall connect to existing electrical service at the site to avoid the use of stationary power generators if feasible. He stated that there is a mitigation to do that.

Councilmember Boles did not think there is any power at the site.

PW Dep. Director Yip referred to the terms of actual number of generators.

Consultant Campbell stated that, for the purposes of the modeling, they are being conservative and assuming that there would be generators.

Councilmember Boles stated that she would like to ask staff to try to find other ways as there is a great deal of noise. She asked, if there is no other power, perhaps the owners at 340 Esplanade might be willing, since this project is helping them, and the lack of a generator would be beneficial to their residence. She wanted to ask for those conversations to happen. She stated that the planting also talks about hand watering, but there is no water on the site and she asked who would be responsible for hand watering.

Consultant Campbell stated that the EIR re-vegetation plan is very conceptual at this point.

They did not discuss in detail about who was going to do that, but assuming it is a city project, that would be one of the city departments.

Mayor pro Tem Beckmeyer stated she wanted to revisit the last statement that City Attorney made about the request to staff asking for further look at the sound mitigation as a separate action beyond certification of this EIR. She asked how that would be phrased.

City Attorney Kenyon stated that Council would ask staff and City Manager to bring back that item for future consideration.

Councilmember Bigstyck asked if that needs to be a part of the motion.

City Attorney Kenyon stated, if there is a majority of the Council that would like this considered, then they would want staff to comment on what that would look like. She was talking to the City Manager and he said that would most likely happen during the project design. She stated what the direction could be to staff that, during project design, consider extending the sound wall and staff will consider that and bring it back during project design. She stated that the reason there would be a motion is because that direction would require a majority vote due to the amount of staff time and staff work.

Councilmember Bigstyck asked if Council needs a formal motion or merely consensus.

Mayor pro Tem Beckmeyer stated that the recommended action on packet page 239 has four enumerated items and she was trying to ascertain in terms of being able to make a motion is

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how to incorporate that piece. She stated that Councilmember Bigstyck was asking if it would be part of the motion or would it be a separate item.

City Attorney Kenyon stated what Council could do is make a motion to certify or not make any motion if there is no action. If Council is going to certify the EIR, we would make the motion to certify the EIR and after that motion, we would then say that we would like to direct staff to bring this back and see if there is a majority rule for that vote as well. She stated that we do not want to tie it together to the certification of the EIR because there may be Councilmembers who do not want to provide that. She would suggest two separate motions.

Mayor pro Tem Beckmeyer understood.

Councilmember Bigstyck moved to approve the following: (1) Certify Final Environmental Impact Report (“EIR”) for 310-330 Esplanade Avenue infrastructure Preservation Project (“Project”); (2) Approve Project as defined and analyzed in the EIR and proceed therewith by applying to the California Coastal Commission for permits/approvals; (3) Adopt CEQA Findings and Mitigation and Monitoring Report (“MMRP”); and (4) Direct city staff to file Notice of Determination; seconded by Mayor pro Tem Beckmeyer.

Councilmember Bier understood it is necessary to do long-term planning and that is the piece we need to continue to talk about. She mentioned reaching out to Supervisor Mueller because our bluffs are going to keep eroding no matter what they do. She stated that it is about how we can give ourselves enough time to do the planning that it is going to take to address this.

Councilmember Bigstyck stated that, when Supervisor Mueller brought that to the County Office of Emergency Preparedness, he spoke on it in real time. He has been focused on the general investigation from Army Corp and he is looking forward to incorporating both approaches toward long-term planning, with this being step 1 and a powerful tool to facilitate the long-term planning he agrees we desperately need in the long run.

Councilmember Boles encourages us to keep working with the Coastal Commission and having good dialogue to make sure we are submitting projects that they do not have concerns about and we are answering their questions. She stated that they we have gone back and forth for so long on the LCLUP and this is urgent. She told the City Attorney she is still uncomfortable with some of the language like the managed retreat and she wants the project to go ahead and submit this to the Coastal Commission. She asked, if she felt comfortable and chose to abstain, whether that would cause any problems if it is still a Council majority.

City Attorney Kenyon stated it is what Council chooses to do as a majority. If a councilmember chose not to vote to certify the EIR, then we will have to see if there are three other Councilmembers who chose to certify it.

Councilmember Boles assumes that a 4-1 vote would not be seen badly in terms of not having a unified voice for moving the project forward.

City Attorney Kenyon stated that the person who would see the result would be the Coastal Commission and she thought that may beg the question from the Coastal Commission of why there was a no vote. In terms of any other implications, she does not see any, as not all votes need to be unanimous.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 33 June 10, 2024
RESULT: ADOPTED [4 TO 0]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck
ABSTAIN: Boles

CONSIDERATION

15. Fiscal Year 2024-25 Proposed Budget Program Options PROPOSED ACTION: Review and discuss the Fiscal Year 2024-25 Proposed General Fund and Other Funds Budget and provide additional policy direction on the desired budget options and strategies for the upcoming budget.

Asst. City Manager Carter presented the staff report.

Mayor pro Tem Beckmeyer referred to packet page 697, one-time service enhancements, and asked if the proposed service enhancements total $947,000 roughly and if the source of funds for that is the cost savings from the investment.

Asst. City Manager Carter stated the $2 million savings are generated because we are not transferring funds from General Fund to the Debt Service Fund. The proceeds and cash balances in that service bond can pay for the debt service this year. This is only applicable to this year; normally, we would move the money to this fund. Since we do not have to do it this year, it allows us to fund some one-time projects.

Mayor pro Tem Beckmeyer concluded that the remaining $1.152 million is our adjusted surplus.

Asst. City Manager Carter agreed, stating that the remaining balance is, if you approve staff’s recommendations as they stand, it will fall back to the fund balance of the General Fund.

Councilmember Boles referred to the nonprofit discussion and asked if our Fog Fest and Coast Pride are officially nonprofits.

Mayor pro Tem Beckmeyer stated that Fog Fest is working on obtaining a 501(c)(3) but now they are 501(c)(4) non-profit organization.

Councilmember Bier stated “Pride Coast” in the packet should say “Coast Pride”. She stated that we had conversations about nonprofits before, and she is happy to see a one-time allocation for Coast Pride. She stated related to that, as a nonprofit, Coast Pride brings services to our city and she wanted to make sure that people understand that they host high school groups here, older adult groups, mental health services, etc. and they are bringing services to our community.

Councilmember Boles stated that it is more than just about the parade.

Councilmember Bier agreed.

Councilmember Boles was pleased to see the Housing Action Fund set up and separate from the In-Lieu Fees. She asked, since it is a new fund, if we need to define what the fund can be used for officially.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 34 June 10, 2024
Asst. City Manager Carter stated we will include the information in the budget but from her understanding and previous discussions, the prime purpose of the funds is for development for affordable housing.

Councilmember Boles stated that it will be a range of services.

Asst. City Manager Carter stated that, from a fiscal perspective, the purpose of the fund is to allocate funds guided by our policy discussion and separate from the legal restricted revenues.

As far as policy discussion, we have maximum flexibility on how we want to use the funds.

Councilmember Boles is wondering if, somehow in the budget, we have to define it. She stated the Harmony1, now the Ohlone Point Project, had in-lieu housing fees but those fees were used to pay HEART and some other planning things that were not about actual building units. She thought it was important to have a clear definition of what the different funds can be used for.

City Manager Woodhouse added that Council does not need to define that now in this budget as there is something to be said for Council having flexibility about how the Housing Action Fund is used and making the decision on a case-by-case basis, if Council thinks it should be used for something or does not think it should be used for a program when that recommendation were to come forward, as opposed to the housing in-lieu fees which is a development fee which is more legally bound in its definition. He stated that having that flexibility is good and if Council wanted to take that up and specifically define it compared to the housing in-lieu funds, that would be a separate conversation that Council would need to have. Staff would need to do some research and Council can put some parameters around it, but it would be a separate conversation.

Councilmember Boles stated that she likes the idea of the flexibility as long as we know that any money coming out of that fund would come to Council.

City Manager Woodhouse thought the general guidance Council has given is that the Housing Action Fund need to be used for development of affordable housing or the steps that relate to that development. If there were any ambiguities about that, he would probably want to bring it back to Council for clarification.

Councilmember Boles understood. She then wanted to clarify that the in-lieu fees should be for actual construction.

City Manager Woodhouse stated that those were more specifically defined but there is some flexibility there. He stated that some in-lieu fees can be used for the planning that is necessary for development of affordable housing.

Councilmember Boles would like to understand that more in the future. She asked Asst. City Manager Carter how much of the budget for this year is the 5% salary savings.

Asst. City Manager Carter stated that the salary savings with the recommended options together, because we build salary savings to all additional positions, is projected for $1.6 million.

She stated that the 5% policy recommendation was about $1.2 million.

Councilmember Boles asked if we are upping that percentage.

Asst. City Manager Carter stated that we are upping because all the new positions that are

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 35 June 10, 2024
recommended in City Manager’s recommended budget include 25% default salary savings.

Councilmember Boles assumed it was just for this year.

Asst. City Manager Carter agreed just for this year, as she assumed the positions approved on July 1 will take about three months to recruit.

Councilmember Boles stated she appreciates her creativity in all this and finding money for these new positions and her concern is what the impact is for next year and how much we are committing to. Looking at the forecast for next year, we have a projected deficit in 2026, and for next year 2025-26, we only had a $77,000 overage. It looks like we are adding over $1 million in salaries that will roll over to next year, so we may be in trouble already for next year by approving all these this year.

Asst. City Manager Carter stated not necessarily, hence the focus on staffing review and organizational capacity, where we are trying to solve two very serious structural issues. The City is not as competitive as we should be and are lower-staffed than where we should be, thereby leading to more work for less compensation, and that is a difficult problem to solve.

When we suggested building in 5% salary savings, the reality is that we are running 10-15% in any given time throughout the year. She stated that is why, when we discussed it previously, we felt that 5% salary savings is prudent in the next few years as we are not going to solve these structural issues overnight. As far as recommendations, she stated that, if we take $0.7 million recommended on an ongoing basis, it is about 1.6% of the General Fund expenditures.

Staff is confident that in the normal scope of balancing the budget, we will be able to balance $1.6 million even if some assumptions for revenue projections are off in the wrong way. What we are adding is essentially less than 2%.

Mayor Vaterlaus opened public comments.

Remi Tan, Pacifica, stated that, on reviewing the budget, it sounds like this is an ongoing problem as long as he has lived in Pacifica, and shared his concerns and thoughts on all the issues, and hopefully moving forward.

Mayor Vaterlaus closed public comments. She stated that she is in favor of the nonprofits.

Mayor pro Tem Beckmeyer stated she was as well. She commended Asst. City Manager and City Manager on adjusting some of the concerns Council raised about needing more capacity in Planning. She appreciates seeing increased opportunities in Public Works and Wastewater.

She wished it could be more but it is an excellent proposal given the constraints we have.

Councilmember Bigstyck echoed both those sentiments. He felt Asst. City Manager Carter did a job well done and he appreciated that she does it in coordination and harmony with the rest of the department heads. He thanked staff all for their effort and hard work. He thanked Councilmember Bier for pointing out that the contribution to Coast Pride is not merely a charitable contribution but they also provide services to our city and he felt it was right to remunerate them, given the services they provide to our city.

Councilmember Bier thanked him and added that she can bring information about that as well for us to see exactly what those services are.

Mayor pro Tem Beckmeyer suggested for Coast Pride to give us a presentation.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 36 June 10, 2024
Councilmember Bier thought that was a great idea and she thanked Asst. City Manager Carter for all her work.

Councilmember Boles stated, when we talked about Fog Fest, she was hesitant to give that much money because we have already written off a fair amount of money last year as well, but she knows it is a struggle now with the reorganization and it is an important thing for our community. She stated that, if we think it is needed, she is okay with that, as well as the other organizations. She stated that, if we consider this in the future, we might think about, if the city is involved as a sponsor, what the other benefits are or how it works with our businesses.

Councilmember Bigstyck agreed with her hesitation and regarded this as seed money and hopefully we would not have to discuss it next year.

Councilmember Boles stated that she knows there has been great feedback from the Climate Action and Adaptation Committee about the CivicSpark fellow and wanting to keep him for another year, and she was in concerned that we are only funding him for half-time. She asked if that means he is only working for six more months or he is only paid to work part-time.

Councilmember Bigstyck pointed out it is 11:53 pm and made a motion to extend to 12:20 am.

Mayor pro Tem Beckmeyer seconded the motion.

EXTEND MEETING TO 12:20 AM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
City Manager Woodhouse stated that the design of that is from a business need and that is the recommendation that the city wants and needs to keep that going forward and it also matches the interest of the employee. He stated that, in an ideal world, we would have enough to have a permanent position that continues on, but for now, in terms of completion of the Climate Action and Adaptation Plan, that is the business need that is necessary and he recommends for this next year.

Councilmember Boles understood. She stated that the budget for TOTs is about $3 million and half of that is TOT. It gives her hope that staff is saying that the salary things of $1.5 million were not too hard to absorb. She knows we are not deliberating on that now but she wanted to bring that up with a possible later change. She stated that this is the first year we are getting all the Measure Y and she did not think we have gotten an update on the Measure Y Committee and she wondered if staff could tell us how that is going and what their work is with overseeing those funds.

Asst. City Manager Carter stated that we have a committee meeting scheduled where the members will review last year’s actuals and development of the budget.

Councilmember Boles asked if they have any input or just making sure that the goals we stated as Measure Y are being fulfilled in the budget.

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Attachment: Attachment A: Minutes of 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes) City Council Regular Meeting 37 June 10, 2024
Asst. City Manager Carter stated that the Measure Y Committee does not provide input on the budget or on policy decisions, which are Council’s prerogative, but staff will update on how the money will be used for the general services, i.e., staff will update the committee members on all the work that Council has done to date on this.

Councilmember Boles stated that she will make a motion if no one has any other questions.

Councilmember Bigstyck asked if a motion is required in this instance.

City Attorney Kenyon stated no motion is required.

Councilmember Boles thanked staff and appreciated the staff time that has gone into identifying potential projects and enhancements.

Councilmember Bigstyck stated he fully expects, as per Planning Commission’s robust conversation around that one plot of land that would inform the coastal trail by Taco Bell, if he understands it, that there will be questions asked around that, and he asked that staff be prepared to answer those questions when they arrive.

Councilmember Boles agreed.

RESULT: NO VOTE REQUIRED

ADJOURN
Mayor Vaterlaus adjourned the meeting at 11:57 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 06-10-2024 Special and Regular Meeting (5730 : Approval of Minutes)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/12/2024
1 SUBJECT:

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

RECOMMENDED ACTION:

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

STAFF CONTACT:

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

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

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

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

Monitoring of the repaired area is on-going.
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• On December 29, 2020, another failure of the seawall occurred approximately 150-200 feet north of the intersection of Beach Blvd. and Santa Rosa Avenue. A void, approximately 10’ deep by 15’ long, was found behind the seawall and was repaired with geotextiles and concrete slurry on January 5, 2021. Full restoration of this section was complete in February 2021. Monitoring of the repaired area is on-going. • On January 14, 2021, a combination of high tides and large waves damaged a forty-foot section of the Pacifica Municipal Pier’s west facing deck and concrete railing. Following this event, the Pier was closed due to safety concerns. City staff requested a structural engineering assessment of the above deck pier elements and a proposed repair and associated cost from a local engineering consultant. This information was provided to the City at the end of March 2021. The pier was reopened on April 2, 2021, but the damaged portion was fenced off for safety reasons. The City is currently moving forward with a repair project and is designing the repair. Construction will be funded by grant money provided through a Senate Bill 129. The City Council approved a resolution on December 13, 2021, to approve the application of the state grant funds for the repair of the pier and the application has been sent to the State Department of Parks and Recreation for processing. On May 13, 2022, the City received a Coastal Development Permit waiver from the California Coastal Commission to perform this work. A bid opening for the repair was held on June 9, 2022, and the City received one bid, which was $2 million above the project budget. Council rejected the bid and authorized the project to be rebid. The rebid for replacing the guardrails in need of immediate repair came in over $1.4 million and all of the guardrails at $4 million. As the project was beyond what had been funded for the project, the City pivoted to do further inspections on the pier before a sizable investment is made in fixing the guardrails, since it was prudent for the City to understand the full needs of the pier. The 2023 Pier Condition Assessment Report has been finalized. In summary, the 2023 report notes that the end of the main pier and L-section of the pier is in serious condition and should be fixed within the next two years. The remaining area of the main pier is considered in poor condition and should be repaired within four years. On December 28, 2023, a combination of high tides and large waves damaged additional sections of the piles, handrails, and deck. An updated Post Storm Condition Assessment Technical Memorandum was performed to document the damage sustained during the December 28, 2023 event. The structural engineers have recommended until funding is identified to repair the damage, the City limit public access on the Pier several piles from the Lsection. The 2023 Pier Condition Assessment Report and Post Storm Condition Assessment Technical Memorandum can be viewed at www.cityofpacifica.org/pier. • In November of 2023, a failure behind the seawall was discovered at the intersection of Beach Blvd. and Salada Ave. A void approximately 40’ long and 12’-15’ deep (2’-7’ in width) was found behind the seawall and was repaired with concrete and cement slurry.

The final sidewalk replacement was completed at the end of December 2023. • On Friday, December 29, 2023, another failure behind the seawall was discovered at Beach Blvd. and San Jose Ave. and was temporarily plugged. The final repair was completed on January 3, 2024, with the final sidewalk section and wall completed a week later. The total repair area was approximately 300 sf. This also caused damage to the Milagra storm drain outfall and left substantial sand deposits on the Beach Boulevard Prominade and on the southern Beach Boulevard rock revetment. 3 Packet Pg. 58
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• In March of 2024, City staff received an Emergency Coastal Development Permit (ECDP) from the California Coastal Commission (CCC) for removal of the substantial sand deposits left on Beach Boulevard Promenade and southern rock revetment as well as for the repair of the damage to the Milagra outfall. Repair to the outfall and removal of the sand on the Beach Boulevard Promenade was completed in late March/April 2024.

Removal of the sand from the southern Beach Boulevard Rock Revetment is expected to be completed by mid-May 2024, with work starting on May 9, 2024. • In May 2024, a new sink hole (approx. 5’ w x 25’ l) was discovered behind the seawall on Beach Blvd. to the north of Santa Maria. The hole was repaired through an emergency contractor.

The City Council first ratified this proclamation (Attachment 1) at its regular meeting of January 25, 2016. Since that date, additional damage had occurred along Beach Boulevard and Esplanade Avenue as noted above.

Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on January 25, 2016, and since that time staff has brought the continuance of Proclamation confirming the existence of local emergency exists within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard every 30 days with July 8, 2024, being the most recent.

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

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

FISCAL IMPACT:

None.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

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

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Attachment: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (5714 : Continuation of "ATTACHMENT 1"

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Attachment: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (5714 : Continuation of

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/12/2024
1 SUBJECT:

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

RECOMMENDED ACTION:

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

STAFF CONTACT:

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

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

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

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

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

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

In this case, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure, which 4 Packet Pg. 62
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requires immediate attention and constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code Section 1102.

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

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

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

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

The City Council approved an agreement for DW Nicholson (DWN) to construct the Anza Pump Station Repair Project. Construction began on May 1, 2022. Ghirardelli and Associates were also approved to manage the construction work. The two new gas engines were delivered and installed in December 2022; the third new gas engine was installed in June 2023 and the new 2- inch PG&E gas service line for the new gas engines was completed on May 2, 2023; All Anza Pump Station bathrooms were opened by August 25, 2023. Pump #3 was installed in early 4 Packet Pg. 63
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January 2024. Startup and testing of the new Engine#1, Engine#3, and Engine#4 have been completed. Engine#1 and Engine#4 are now in service and operating with automation capabilities. Contractor continues to troubleshoot the electronic controls for Engine#3. The closure of the roof is now completed. Contractor is working to correct a component to the sump pump which is expected to be completed in August. The project will reach substantial completion when the sump pump component is completed.

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

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

FISCAL IMPACT:

There is no fiscal impact to continue this local emergency.

ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

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

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

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5713 : Continuance pursuant to Public Contract Code 22050; and
WHEREAS, on April 8, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the damaged condition of the Anza Pump Station is likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and WHEREAS, in accordance with Government Code section 8630 and PMC section 4-2.05(a) the City Council must take action to confirm the proclamation within 7 and in accordance with Public Contract Code section 22050 which requires confirmation by 2/3 of Council within 14 days of the emergency action.

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

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

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

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

ABSENT, Councilmembers: None.

ABSTAIN, Councilmembers: None.

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

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5713 : Continuance

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

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

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

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5713 : Continuance

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5713 : Continuance

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/12/2024
1 SUBJECT:

Move to adopt Resolution Terminating Proclamation of Local Emergency at the Carmel Avenue from Vallejo Terrace to Canyon Drive and Accepting Invoices from Pacific Trenchless for emergency repair work at Carmel Avenue from Vallejo Terrace to Canyon Drive covered by the Proclamation of Local Emergency from June 17, 2024.

RECOMMENDED ACTION:

Move to Adopt Resolution for:

A) Terminating Proclamation of Local Emergency (Attachment 1) at the Carmel Avenue from Vallejo Terrace to Canyon Drive
B) Accepting Invoices (Attachment 2) from Pacific Trenchless for emergency repair work at Carmel Avenue from Vallejo Terrace to Canyon Drive covered by the Proclamation of Local Emergency from June 17, 2024, for a total of $298,607.00.

STAFF CONTACT:

Kevin Woodhouse, City Manager
(650) 738-7409
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3767
[email protected]
Louis Sun, Deputy Director of Public Works – Wastewater (650) 738-4660
[email protected]
BACKGROUND/DISCUSSION:

On Friday, June 14, 2024, Public Works Wastewater Division staff were conducting CCTV inspections on the 6-inch sewer line on all of Carmel Avenue in preparation for an upcoming resurfacing project, and staff discovered approximately seven Grade 5 defects in three segments of the 6-inch sewer lines that require immediate repair. Upon further investigation, the damaged 6-inch sewer mainlines were in danger of collapsing which would have created a hazardous condition including potential Sanitary Sewer Spills and threaten the safety of persons and property, including critical public infrastructure.

On June 17, 2024, the City Manager, acting in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency pursuant to PMC 4-2.05(a) and executed the "Proclamation of the Existence of a Local Emergency" (Attachment 1). The proclamation was ratified by the City Council on June 24, 2024.

City staff conducted an urgent search and contracted with Pacific Trenchless of Oakland, California to assist the City with the repairs of Carmel Avenue from Vallejo Terrace to Canyon 5 Packet Pg. 69
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Drive. Pacific Trenchless previously worked on and completed the Pedro Point Sewer Rehabilitation project back in August 26, 2019, and they recently also provided bids for the Lower Linda Mar Sewer Rehabilitation project. The City is familiar with Pacific Trenchless’ past performance and is satisfied with their work. The proposal provided by Pacific Trenchless includes the repair of 146 linear feet of open trench sewer replacement for 6-inch PVC pipe, and the repair of 841 linear feet of pipe bursting replacement of 6-inch VCP pipe which was reviewed by staff and considered reasonable for the work performed. City staff also monitored and inspected the Pacific Trenchless work and ensure the quality of this emergency repair work.

Pacific Trenchless started the work on Monday, June 24, 2024, and the work was completed in mid-July. The final cost for this work is $298,607.00.

The situation resulting from the emergency conditions of extreme peril is now deemed to be within the control of the normal protective services, personnel, equipment, and facilities of and within Pacifica. The City Manager, as Director of Emergency Services, and staff now recommend the City Council approve a Resolution of termination of the local emergency and accepting Pacific Trenchless’ invoices for $298,607.00 for the emergency work to the Carmel Avenue from Vallejo Terrace to Canyon Drive.

ALTERNATIVE ACTION:

Council may choose to not approve the termination of local emergency; however, the emergency work has been completed and such action may prolong an unnecessary declaration of an emergency to the public. Staff does not recommend this alternate action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• “Stewardship of City Infrastructure, street, and facilities - This work was to repair and maintain vital infrastructure on Carmel Avenue from Vallejo Terrace to Canyon Drive to protect health and safety.

FISCAL IMPACT:

The fiscal impacts associated with the emergency declared is $298,607 and are covered under Wastewater Enterprise Fund Collection System C005 CIP Projects and no additional budget authority is necessary as sufficient funds have been previously approved in the Wastewater Enterprise Fund for FY 2023-2024 and FY2024-2025.

Total Project Source
Fund 34 FY24-25 34.900000.52800.C005.000 $ 100,000
Fund 34 FY23-24 34.900000.52800.C005.000 $ 250,000
Total Source of Funds $ 350,000
Use of Funds
Construction Cost Carmel Avenue $ (298,607)
Total Use of Funds $ (298,607)
Estimated Project End Balance $ 51,393
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ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:

Attachment 1 - Proclamation of Local Emergency Carmel Avenue (PDF) Attachment 2 - INVOICE_Carmel Ave Sewer Repairs 2024 (PDF) 5 Packet Pg. 71
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RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA TERMINATING

PROCLAMATION OF LOCAL EMERGENCY AT CARMEL AVENUE FROM VALLEJO

TERRACE TO CANYON DRIVE AND ACCEPTING INVOICES FROM PACIFIC TRENCHLESS

FOR EMERGENCY WORK RELATED TO LOCAL EMERGENCY AT CARMEL AVENUE FROM VALLEJO TERRACE TO CANYON DRIVE FOR A TOTAL OF $298,607.00 ______________________________________________________
WHEREAS, a local emergency existed in Pacifica in accordance with the proclamation thereof by the Director of Emergency Services on the 17th day of June, 2024 and its ratification by the City Council on the 24th day of June, 2024 as a result of conditions of extreme peril to the safety of persons and property discovered by Public Works Wastewater Division staff which approximately a nine hundred eighty seven feet section of the 6-inch sewer main Carmel Avenue from Vallejo Terrace to Canyon Drive; and
WHEREAS, these conditions of the damaged 6-inch sewer main in danger of collapsing would create a hazardous condition including potential Sanitary Sewer Spills and threaten the safety of persons and property, including critical public infrastructure; and WHEREAS, time was of essence to repair the damage 6-inch sewer main and as allowed by the Pacifica Municipal Code the City Manager was authorized to proceed at once with emergency repairs without plans, specification or giving notice to let bids; and WHEREAS, Pacific Trenchless has extensive sewer main repair experience and completed the repairs includes the repair of 146 linear feet of open trench sewer replacement for 6-inch PVC pipe, the repair of 841 linear feet of pipe bursting replacement of 6-inch VCP pipe, and the cost for this work is $298,607.00. Pacific Trenchless started this work on Monday, June 24, 2024, and the work was completed on July 12, 2024; and
WHEREAS, the situation resulting from said conditions of extreme peril is now deemed to be within the control of the normal protective services, personnel, equipment, and facilities of and within Pacifica. The City Manager, as Director of Emergency Services, and staff now recommend the City Council approve the Resolution Terminating Proclamation of Local Emergency at Carmel Avenue from Vallejo Terrace to Canyon Drive which is attached to this staff report and accept invoices from Pacific Trenchless for the emergency work related to the local emergency for a total cost of $298,607.00.

NOW, THEREFORE, the City Council of Pacifica, State of California, does hereby proclaim the termination of said local emergency and accept invoices from Pacific Trenchless for the emergency work related to the local emergency on June 17, 2024 for a total cost of $298,607.00.
• • • • •
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of August 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 Marchetta Kenyon, City Attorney 5 Packet Pg. 73

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Attachment: Attachment 1 - Proclamation of Local Emergency Carmel Avenue (5712 : Adopt Resolution Terminating Local Emergency at

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Attachment: Attachment 1 - Proclamation of Local Emergency Carmel Avenue (5712 : Adopt Resolution Terminating Local Emergency at

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Attachment: Attachment 1 - Proclamation of Local Emergency Carmel Avenue (5712 : Adopt Resolution Terminating Local Emergency at

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Attachment: Attachment 1 - Proclamation of Local Emergency Carmel Avenue (5712 : Adopt Resolution Terminating Local Emergency at DATE: 7/15/2024

PROJECT
Sewer Repair Work- Carmel Ave
City of Pacifica
ENGINEER INVOICE # 202402-01
Attn. Rey Mendez
City of Pacifica - Calera Creek
700 Coast Hwy,
Pacifica, CA 94044

ITEM ITEM DESCRIPTION UNIT PRICE TOTAL
Sewer Repair Work - Carmel Ave
1 Mobilization/De-Mobilization 1 LS 5,185.00 $          5,185.00 $ 2 Traffic Control 1 LS 7,250.00 $          7,250.00 $
3 Open Trench Sewer Replacement 6" PVC 146 LF 395.00 $             57,670.00 $ 4 Pipe Bursting Existing 6" VCP Sewer Main 841 LF 187.00 $             157,267.00 $ 5 Install New MH 1 EA 9,945.00 $          9,945.00 $
6 Connect to existing MH 5 EA 885.00 $             4,425.00 $ 6 Replace End of Line Cleanout/Lamphole 2 EA 3,525.00 $          7,050.00 $ 7 Reconnect Sewer Laterals 27 EA 1,090.00 $          29,430.00 $ 8 Abandon Old Sewer Main 6" 1 LS 14,885.00 $        14,885.00 $ 9 Force Account: Separate Combined Lateral (470 & 460 Carmel Ave) - Open 1 LS 5,500.00 $          $5,500.00 Trench. (Includes tie-in which was completed before request to separate) Exclusions:
- Any Slurry Sealing of Asphalt
- Traffic Striping
- Any Contaminated Soil Disposal
Submitted:

Pacific Trenchless Inc. $ 298,607.00

INVOICE

ESTIMATED
QTY
TOTAL
1776 11th St, Oakland CA 94607
(510) 986‐0244

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Attachment: Attachment 2 - INVOICE_Carmel Ave Sewer Repairs 2024 (5712 : Adopt Resolution Terminating Local Emergency at Carmel

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/12/2024
1 SUBJECT:

Notice of Completion for the Mid-Block Crosswalk Safety Improvement Project RECOMMENDED ACTION:

Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file the Notice of Completion for the Mid-Block Crosswalk Safety Improvement Project; and authorize the City Manager to release the retention funds to the contractor.

STAFF CONTACT:

Roland Yip, P.E., DPW Deputy Director/City Engineer
(650) 738-3771
[email protected]
Sean Rose, P.E., S.R. Rose Engineering Inc.
650-738-3767
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

The Mid-Block Crosswalk Safety Improvement Project improved nine crosswalks located around the City in the vicinity of four schools: Ingrid B Lacy Middle School, Ortega Elementary School, Terra Nova High School, and Vallemar Elementary School. Improvements included high visibility striping and signage and painted pedestrian bulb-outs with vertical delineators to enhance visibility, shorten crossing distance, and reduce traffic speeds. Five of the nine crosswalks also received flashing, solar-powered, accessible push-button activated flashing beacons. One crosswalk received new curb ramps. The project was the recipient of funding from the Measure M grant program administered by the City/County Association of Governments of San Mateo County (C/CAG) and the Safe Routes to School program administered by the San Mateo County Office of Education (SMCOE). The scope of the completed project is consistent with the work outlined in the funding agreement and MOU for those programs.

On April 8, 2024 the City Council authorized the City Manager to Award and Execute a Construction Contract with Zara Construction for the project, in an amount not to exceed $307,013 with budget authority up to the amount of $337,714 which included construction contingency not to exceed ten percent (10%).

Construction commenced on May 13, 2024 and was substantially completed on July 24, 2024.

There were 4 change orders for two additional rectangular rapid flashing beacon (RRFB), 6 Packet Pg. 79
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vertical delineator specification change, painting of existing RRFB poles, and relocation of a stop sign. With the change orders and adjustments noted above, the total construction cost was $321,488.

As the project is now complete and staff is satisfied with the contractor’s work on the project, it is appropriate to record the formal Notice of Completion with the San Mateo County Recorder's Office. This document is the legal notice that the City considers the project complete and that we intend to pay the contractor for the full and complete contract price of the work actually completed. This also puts all subcontractors and suppliers on notice that if they have any claims for payment from the contractor, they have 30 days to file claims for payment against the City.

This provision of contract law protects subcontractors from contractors who may not pay them properly. It also protects the City from claims against us for any nonpayment on the part of the contractor.

The City withheld 5% of the contact amount, $16,074.40 as retention to make sure that all subcontractors and suppliers have been paid. The City will release the retention if no claims are received after the noticing period is complete, as above.

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

ALTERNATIVE ACTION:

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

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the Notice of Completion for the Frontierland Park ADA Improvement Project is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level.

FISCAL IMPACT:

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

Total Project Source and Use of Funds
Measure M Grant $200,000
SRTS Small Infrastructure Capital Grant $20,000
City Funds already allocated to project in FY 23-28 Budget $40,000 Measure A (Fund 9) $61,488
Total Source of Funds $321,488
Mid-Block Crosswalk Safety Improvement Project Construction Cost $321,488 Total Use of Funds $321,488
Project End Balance $0
ORIGINATED BY:
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Engineering
ATTACHMENT LIST:

Notice of Completion Midblock Crosswalk (PDF)
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RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

ACCEPTING COMPLETION AND DIRECTING THE CITY MANAGER TO FILE

NOTICE OF COMPLETION FOR THE MID-BLOCK CROSSWALK SAFETY IMPROVEMENT

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

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

2. That the City Manager is directed to file for record with the County Recorder of the County of San Mateo, Notice of Completion thereof, pursuant to Section 3093 of the Civil Code of the State of California.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of August 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

CITY OF PACIFICA
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 6 Packet Pg. 82

NOTICE OF COMPLETION

CITY OF PACIFICA

FOR THE MID-BLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT
NOTICE IS HEREBY GIVEN, pursuant to Section 3093 of the Civil Code of the State of California, by Roland Yip, City Engineer of the City of Pacifica, California, that the contract awarded to Zara Construction on April 8, 2024, has been completed in accordance with the plans and specifications filed with the City Clerk, and approved by the City Council of the City of Pacifica.

The work and improvements were completed on the 26thth day of July, 2024 and acceptance of completion of the work was adopted by the City Council of the City of Pacifica on the 12th day of August 2024.The name of the surety on the contractor's bond for labor and materials on the project is United Surety Insurance Company.

That said work consists of enhancing crosswalks near four schools by adding high visibility striping, signage, painted bulb-outs with vertical delineators, flashing solarpowered beacons, and new curb ramps.

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

City Engineer

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

Roland Yip, P.E.

City Engineer
Executed in Pacifica, California, on August 12, 2024.

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Attachment: Notice of Completion Midblock Crosswalk (5715 : Staff Report - Notice of Completion for the Mid-Block Crosswalk Safety

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/12/2024
1 SUBJECT:

Approval of Consultant Services Agreement between the City of Pacifica and NCE for Design and Engineering Services related to the FY 2025-26 Pavement Resurfacing Project RECOMMENDED ACTION:

Adopt a Resolution Authorizing a Consultant Services Agreement with NCE for design and engineering services in the amount of $183,200 (Attachment 1) for the FY 2025-26 Pavement Resurfacing Project; approve budget authority in the amount of $201,520 which includes a 10% contingency and authorize the City Manager to execute all documents related to the project.

STAFF CONTACT:

Bryan Bautista, Assistant Civil Engineer
(650) 738-3769
[email protected]
Roland Yip, P.E., Deputy Director of Public Works/City Engineer (650) 738-3771
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

The City of Pacifica is responsible for maintaining over 90 centerline miles of street pavement.

In order to complete this street maintenance, the City identifies a budget every year for annual street maintenance projects as part of the Capital Improvement Program (CIP). It is important for the City to complete the annual street maintenance projects each year to prevent Citystreets from falling into more expensive repair categories. One year missed in completing the City’s annual street maintenance projects can escalate the decline of the City’s overall Pavement Condition Index (PCI) and increase the ongoing cost of maintenance.

At the July 8, 2024 City Council meeting, staff discussed a new 5-year Street Maintenance Program for years 2025 through 2029. At this meeting, the City Council approved the new 5- year Street Maintenance Program with identified streets for rehabilitation and resurfacing. The goal of this current 5-year Street Maintenance program is to prevent streets from falling into more expensive repair categories. The City’s approved program does this by using slurry seal treatments to keep good streets in the good condition category (which is the least expensive way to maintain streets and considered best practice) and using a stopgap cape seal treatment on suitable residential and collector streets in the poorer condition categories. The cape seal, along with localized pavement repairs, will provide significant protection to the street surface of these poorer condition category streets for a period of seven to ten years 7 Packet Pg. 84
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preventing further deterioration of the street surface. This will allow time for the City to identify other pavement funding sources for street rehabilitation. In addition to slurry seal and cape seal treatments, theprogram will continue to assign overlay and reconstruction treatments to a limited number of arterial, collector and residential streets based on the extent of pavement deterioration and/or traffic volumes.

Staff worked with a pavement consultant, NCE, to develop the current Five-year Street Maintenance Program for the City’s streets and the previous Five-year Street Maintenance program that increased the City’s Pavement Condition Index (PCI) by 14 points from the poor to the good condition category. NCE is on the City’s on-call consultant list for civil engineering.

Due to the condition of the City’s pavement, it is necessary to choose a consultant who is knowledgeable in specialized pavement design and rehabilitation for cost effective stop gap pavement treatments. NCE has been working in the Bay Area since 1990 and is highly regarded for their expertise in pavement design and rehabilitation and for their work with the pavement research branch of the Federal Highways Administration. Staff requested NCE provide a proposal for engineering services for the design of the FY 2025-26 Pavement Resurfacing Project (Attachment 2) and prepare the construction documents for the project under an Agreement for Consultant Services. Staff reviewed their proposal, and the City Manager recommends approval of Agreement for Consultant Services with NCE in the amount of $183,200 for the FY 2025-26 Pavement Resurfacing Project and approve a budget authority in the amount of $201,520 which includes 10% contingency.

ALTERNATIVE ACTION:

Council may choose not to authorize design of the FY 2025-26 Pavement Resurfacing Project.

However, this will result in continued deterioration of the City’s pavement network. Staff does not recommend this alternate action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of these actions is consistent with the following Council adopted Goals:
• Improve and steward City Infrastructure, streets, and facilities: Approval of these actions will improve the City Street network.

FISCAL IMPACT:

The contract will be a total of $183,200 with a budget authority of $201,520, which includes a 10% contingency that could be used for additional design needs, such as field work. $2.2M of yearly funding was identified for the new 5-year Street Maintenance Program, including the NCE design work, with $1M allocated from SB1 funds, $650K from Measure W funds, and the remaining funds coming from the City’s heavy vehicle impact fees and pavement cut fees.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:
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Attachment 1- NCE Consultant Services Agreement- FY25-26 Pavement Project Signed by

NCE (PDF)
Attachment 2 - Street List for FY 2025-26 (PDF)
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RESOLUTION NO.

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

CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF PACIFICA AND NCE FOR DESIGN AND ENGINEERING SERVICES IN THE AMOUNT OF $183,200 FOR THE FY 2025-26 PAVEMENT RESURFACING PROJECT; APPROVE BUDGET AUTHORITY IN THE AMOUNT OF $201,520 WHICH INCLUDES CONTINGENCIES IN AN AMOUNT NOT TO EXCEED 10% AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL

DOCUMENTS RELATED TO THE PROJECT
______________________________________________________
WHEREAS, the City desires to move forward with the design of the FY 2025- 26 Pavement Resurfacing Project using a portion of funds allocated to street maintenance; and
WHEREAS, the City evaluated NCE’s proposal, and is satisfied they can successfully complete the work and have been satisfied with their services on past City projects; THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica authorizes the City Manager to execute a Consultant Services Agreement with NCE for design and engineering services in the amount of $183,200 for the FY 2025-26 Pavement Resurfacing Project and approve a budget authority in the amount of $201,520 that includes a contingency of 10% and authorize the City Manager to execute all documents related to the project.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of August 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
______________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ _______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 7 Packet Pg. 87
- 1 -

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this _12th of August. 2024_by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and _NCE a corporation (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires civil engineering, pavement engineering, consultant services in connection with the FY 25-26 Pavement Resurfacing Project; WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

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

ARTICLE 1 - SCOPE OF SERVICES

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

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

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

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

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

1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is ATTACHMENT 1 7.a
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Attachment: Attachment 1- NCE Consultant Services Agreement- FY25-26 Pavement Project Signed by NCE [Revision 1] (5724 : Resolution - - 2 -
an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

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

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

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

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

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $183,200.00 ("Cost Ceiling").

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as

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discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

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

2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.

CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete design services by December 31,2024 and construction support by August 30, 2025.

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

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

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

ARTICLE 4 - DESIGNATED CONTACTS

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

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

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.

CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense. The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

To the extent that CONSULTANT, is a design professional, as that term is defined in Civil Code section 2782.8(c)(3), the Consultant shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney’s and expert witness fees, awards, fines, penalties, or judgments (collectively “Claims”), defend, indemnify and hold harmless CITY, its officials, officers, employees and agents (“CITY Parties”) from those Claims that are caused by the negligence, recklessness, or willful misconduct of the Consultant. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

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

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

A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.

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

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

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

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

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;

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• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

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

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

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

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to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to CITY: Kevin Woodhouse
170 Santa Maria Avenue
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: J. Ryan Shafer, P.E., GE, Principal_
1003 W. Cutting Boulevard, Suite 110
Pt. Richmond, CA 94804
Phone: (510) 215-3620
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS

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

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

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

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

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

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

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

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waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.

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

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

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

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

Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT.

CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

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

Michelle Marchetta Kenyon, City Attorney
CONSULTANT: NCE
By: Date
J. Ryan Shafer, P.E., GE, Principal
8-2-2024

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EXHIBIT A

SCOPE OF WORK

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FY 25/26 Pavement Resurfacing and Concrete Improvements Project Scope of Work
Date: July 19th, 2024
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PROJECT UNDERSTANDING AND APPROACH
NCE has recently updated the FY 2025/26 to FY 2029/30
Work Plan with an average of $2.2 million annual
paving budget. The updated 5-year Work Plan was
reviewed and approved by the City Council in early July 2024. Similar to previously completed projects, the 5-
year Work Plan was developed based on City budget,
the desire to have a resurfacing project each year,
grouping projects by neighborhoods for efficiency of
design, construction (less mobilization), future
maintenance or utility works, and to be able to
resurface more streets with a limited paving annual
budget. The City indicated that they wanted to use
conventional and rubberized cape seals, double slurry seals, multi-layer seal with base repairs, or single-layer surface seal in lieu of more costly conventional overlays or reconstruction as a stop gap interim measure until additional funding sources can be identified. Cost-effective cape seal, double slurry seal, or multi-layer seal will be applied on residential and collector streets in generally fair to very poor condition and slurry seals will be applied to residential and collector streets in generally fair to good condition in an effort extend pavement life, address moderately cracked pavement, and improve ride quality.

The City would now like to complete the FY 2025/26 Pavement Resurfacing Project with a total construction cost of approximately $1.8 million, not including design, construction management or construction contingency. The resurfacing street list is attached herein and includes the street sections, limits, and other pertinent street attributes. We understand that the City would like to begin the design and complete construction documents for bidding in early 2025 and begin construction in Summer 2025. An optional task of professional service support is also included per City’s request. We have collected pavement structure information over the past five years and had average existing material thicknesses in various neighborhoods throughout the City. Since all selected streets in FY 2025/26 projects are surface seal candidates without rehabilitation or reconstruction, pavement core samples will not be performed for this project. We have included one (1) day coring as an optional task (up to 12 core samples including 2 bulk samples) for sections with problematic subgrade issues identified in the pavement condition survey if needed.

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

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

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

2. Provide aerial maps for base-mapping information, if necessary.

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

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

5. Provide City Standard Provisions and Standard Design Criteria.

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

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7. Provide Front End specifications.

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

Pavement Testing and Design

1. Pavement design will be based on Caltrans Standards with a combination of coring, pavement condition surveys, laboratory testing of subgrade, and observed field conditions depending on rehabilitation strategy.

2. No core samples will be performed for this project since all selected streets are surface seal candidates.

3. Base and spot repairs will be measured in length and width to estimate bid quantities for all street sections.

It is the intent that base/spot repair quantities will be for bidding quantity purposes only and that actual locations will be re-marked by NCE with the City’s inspectors prior to construction as an optional task. In addition, a field calibration meeting will be setup as needed to identify the best approach to address fatigue cracking, rutting, more severe longitudinal/transverse and block cracking, and poor ride quality. This field meeting might include:
a. Base repairs depth (agree on depth and discuss experience of City staff with likely thickness of existing pavement, agree on 3-inch, 4-inch, or 6-inch base repairs). b. Spot repair or thin mill and fill (Type III microsurfacing spot repair) to address more severe areas of block and longitudinal, transverse cracking, and/or bad pavement seams. c. Microsurfacing leveling course to address ride quality and localized distortions/irregularities. d. Consideration of other pavement treatment technologies such as sandwich seals that may be beneficial to the extent this fits in the City’s budget.

4. A no-fee encroachment permit will be pulled with the City for all pavement testing if required.

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

1. To provide a cost-effective design, preventive maintenance (surface seals) street sections will only include vicinity maps delineating limits of treatment with accurate field inventories for bid quantities and appropriate detail sheets. Plan sheets will include curb and gutter replacement, and base repair schedules only. Plan sheets will not show individual locations on design plans. Base repair and curb repairs will be marked in the field on the pavement in white paint and numbered and verified prior to construction by the City’s CM and NCE.

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

3. Design sheet information will be based on field inventories and approximate field measurements to verify items, such as utility covers, cross-slope, street widths and lengths, medians, and repair candidates for curb and gutter.

4. Again, to provide cost-effective design, our scope does not include any topographic surveys with the assumption that the project will not include significant drainage improvements, complex changes in street geometry or intersection improvements, or full pavement section reconstruction. Should we determine that aerial base maps are not sufficient and topographic information is required for developing drainage improvements and/or for more complex pavement geometries and/or streets that may need to be reconstructed, we can provide topographic survey work at an additional cost.

5. Based on previous project experiences, we will determine which existing curb returns may need a topographic survey to design based on the following criteria: high street grades, utility obstructions, and

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other criteria agreed upon by the City and NCE. Recommended locations will be submitted to the City for further review. Topographic survey and design of these 3D curb ramps could be provided by NCE at additional scope and fee if desired.

Utility Coordination and Location

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

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

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

4. Utility covers will be field located approximately and inventoried for the purposes of placing onto plan sheets and developing bid quantities for adjustment of utility covers if needed.

Traffic Striping

1. Traffic striping is assumed to match existing striping.

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

3. Striping plans will not be developed in this project.

4. As part of the Bike and Pedestrian Master Plan from the City, NCE will incorporate the following striping improvements: class III, and class IIIB bicycle facilities. NCE will identify street lists to receive these improvements as well.

Traffic Control Plans

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

Curb Ramps

1. It is assumed that all non-compliant curb ramps will be replaced or retrofitted (e.g., detectable warning surface embedded in concrete) in accordance with Caltrans standards, which we have estimated to be approximately 20 locations. Curb ramps will be replaced or retrofitted based on guidance from the Department of Justice/Department of Transportation Joint Technical Assistance on the Title II of the ADA Requirements to Provide Curb Ramps when Streets, Roads, or Highways are altered through Resurfacing dated July 8, 2013. For the purposes of developing this scope of work, we have assumed that surface seal streets that will receive slurry seal or double slurry seal applications will not require assessment and/or replacement of curb ramps. Further clarification on curb ramp replacement included in this scope of work is as follows:
a. Replaced/retrofitted/added curb ramps are assumed to be readily constructed with only minor grade adjustments.
b. Utility relocations (e.g. utility poles, utility boxes, and drainage inlets, for example) required to construct curb ramps are not included in this scope of work.

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c. All ramp construction shall be within City ROW.
d. Curb ramp design for the purposes of this scope
of work includes paving conforms up to 4 feet
beyond gutter lip or face of curb.
e. For curb ramps within hills or steepened grades,
curb ramp design shall only extend up to 15 feet
in the uphill direction, beyond which is
considering chasing the grade.

2. Curb ramps will be field verified to determine the appropriate standard case ramp and NCE will develop a curb ramp detail for those that will require a custom curb ramp. Curb ramp details will not be to survey accuracy and not contain elevations, and therefore some adjustments may be required during construction.

Drainage

1. The project will, to the extent possible, and within the context of proposed preventive maintenance, address visible drainage issues or settled curb. However, it should be noted that no topographic survey data will be obtained and therefore drainage improvements will not include detailed flow line surveys.

2. No major drainage improvements are assumed for this project requiring significant stormwater drain and pipe alteration and/or reconstruction.

Curb and Gutter and Sidewalk

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

2. Sidewalk replacement is not included in this scope of work, but can be added if required for additional scope and fee.

Encroachment Permit

1. NCE will apply for no-fee City encroachment permits for all field work, including pavement coring work, if required.

Deliverable Packages

1. NCE will prepare two separate Plans, Specifications & Estimates (PS&E) deliverable packages. One package will include concrete improvements such as curb ramps or curb and gutter repairs and the second package will include pavement resurfacing elements such as surface seal, base/spot repairs, and traffic striping and markings.

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

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

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

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

In addition to City staff (Engineering, Maintenance, etc.), NCE will research and coordinate, as-needed, with other agencies such as PG&E, AT&T, North Coast County Water District, Sewer and Stormwater, Schools, etc., to identify any potential conflicts, requirements, or design issues early to help minimize delays (and costs) later in the design process or during construction. At the Kick-Off Meeting, key deliverables for each Task and the Project Schedule would be reviewed and adjusted accordingly to meet City needs.

NCE is very sensitive to construction costs, particularly the volatile price of materials, which have affected the scope of many similar projects. In order to keep the City aware of overall project costs, NCE will begin developing Preliminary Engineering Cost Estimates as soon as we have developed our engineering design recommendations to closely monitor any potential funding issues, which may develop. During the course of the project, NCE will be seeking to develop the most appropriate and cost-effective pavement surface seal alternatives as we completed in FY 2020/21 to FY 2024/25 pavement resurfacing program to stay within the planned project budget and schedule.

Throughout the project, NCE staff will be available to attend regularly scheduled progress meetings with the City, to maintain good communications for this project to offer up efficiency and reduce the number of design review and coordination meetings. Therefore, we have assumed up to four (4) progress meetings for FY 2025/26 resurfacing project to be included in our scope. The purpose of the progress meetings will be to identify and resolve any design or funding issues that may surface in a timely manner, present design alternatives and recommendations to City staff, and continue coordination with project stakeholders as necessary.

Deliverables: Kick-off/Progress Meeting Agendas and Minutes 1B) Utility Coordination:

NCE will coordinate with utility agencies early in the design process to help avoid potential construction delays and unnecessary disruptions to public services. Utility coordination will be a critical item to keep utility providers informed about the project and schedule. One of the first and earliest items that NCE will complete is sending notification letters to applicable utility providers with a preliminary project schedule for street rehabilitation and surface seal projects for each year of projects. This will allow for the earlier notification to allow utility providers to perform maintenance on their facilities prior to moratorium on the street paving area.

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Date: July 19th, 2024
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NCE will also carefully document all utility coordination notifications, conversations, and meetings with utility contacts and information in a matrix format with dates of contacts and mailing detailed in this matrix. Follow-up calls will be made for each of the above notifications to confirm receipt. NCE will also keep the City informed of any project delays related to utilities.

Deliverables: Utility notification letters
Task 2 – Pavement Design
The scope of work we would perform under this task consists of the following:
2A) Pavement and Curb & Gutter Condition Survey:

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

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

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

Assume curb and gutter replacement criteria will remain the same as previous projects. NCE will meet with the City and establish updated condition criteria for assessment and replacement if needed. Based on the criteria established with the City, NCE will then determine what level of curb and gutter replacement will be pursued for design plans and documents.
2B) Pavement Design Recommendations:

Based on a combination of existing pavement condition, construction consideration and City’s budget, NCE will perform pavement design analysis and design services, and develop pavement preventive maintenance recommendations for each street section. No pavement core sample will be performed for this project. If sections with server problematic subgrade are identified in the pavement condition survey and pavement rehabilitation is needed, NCE will discuss with the City and perform pavement coring as an optional task. NCE will next develop recommendations including, but not limited to, the following:

Slurry Seal
Double Slurry Seal
Rubber Cape Seal
Conventional Cape Seal

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Packet Pg. 102 Attachment: Attachment 1- NCE Consultant Services Agreement- FY25-26 Pavement Project Signed by NCE [Revision 1] (5724 : Resolution - City of Pacifica
FY 25/26 Pavement Resurfacing and Concrete Improvements Project Scope of Work
Date: July 19th, 2024
Page | 7
Multi-layer Surface Seal
Locations and treatments of failed pavement sections (base repairs or spot repairs) NCE will then summarize its recommendations in a pavement design tables to the City that, at a minimum, will include street inventory, pavement structure thickness, base repair percentage, recommended treatments, and lab testing results.

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

Task 2 Deliverables: Draft & Final Pavement Design Tables.

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

NCE will review relevant available data and records from the City as listed in the previous section, public and private utility providers, and other sources that may be appropriate to support the preparation of project contract documents. These may include, but are not limited to, the City drainage structure inventory maps, aerial photographs of the City; as-built street improvement and infrastructure plans, striping and markings, as-built plans from utility providers, including any preliminary plans for future work that may conflict with this project. The gathered information will be compiled and included in the base map used for design. It shall be noted that available record data (e.g., utilities, right-of-way) used to prepare the base map for streets undergoing rehabilitation will only be shown in their approximate location and that the depth of utilities will not be indicated. Based on our review we will identify any data gaps or missing information and provide this information to the City for review and discussion. 3B) 60% PS&E:

NCE will prepare the 60% PS&E for the planned surface seal street sections. The 60% plans for subject street sections will incorporate schematic design elements, localized base repairs (digouts) quantities, striping quantities, curb and gutter repair schedules, and limits of work. On subject street sections to offer the most cost-effective approach, plans will only include vicinity maps delineating limits of treatment with accurate field inventories for bid quantities and appropriate detail sheets with exceptions noted under key assumptions. Plan sheets will include curb and gutter replacement and base repair schedules only, but will not show individual locations on design plans. Base repair and curb repairs will be marked in the field on the pavement in white paint and numbered, and verified prior to construction. Additionally, a table summarizing major work items (e.g. surface seal area, base repair area, etc.) and their estimated quantities will be developed and included on the respective plan sheets. We find that this information is particularly useful to contractors when assembling construction bids and schedules, thus resulting in more competitive bids, and to the City for verifying pay quantities during construction.

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

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Packet Pg. 103 Attachment: Attachment 1- NCE Consultant Services Agreement- FY25-26 Pavement Project Signed by NCE [Revision 1] (5724 : Resolution - City of Pacifica
FY 25/26 Pavement Resurfacing and Concrete Improvements Project Scope of Work
Date: July 19th, 2024
Page | 8
differently than most local agencies, so NCE advocates modifying the Caltrans Standard Specifications to better fit the abilities, needs, and budgets of municipal agencies.

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

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

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

Deliverables: One reproducible copy of 60% plans, technical specifications, and engineer’s estimate. 3C) 90% PS&E:

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

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

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

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

The 90% PS&E will be revised to incorporate comments received from the City. NCE will again meet with the City to review these comments, from which the final (100%) PS&E will be prepared. NCE will provide a response to each comment that is included in a comment table provided by the City. The final (100%) PS&E will include all notes and details necessary for construction. One reproducible copy of the final (100%) PS&E will then be packaged and submitted similar to the 90% PS&E unless directed otherwise. It is assumed that the City will require a 5-day review/comment period once the final (100%) PS&E package is submitted.

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

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

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

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Packet Pg. 104 Attachment: Attachment 1- NCE Consultant Services Agreement- FY25-26 Pavement Project Signed by NCE [Revision 1] (5724 : Resolution - City of Pacifica
FY 25/26 Pavement Resurfacing and Concrete Improvements Project Scope of Work
Date: July 19th, 2024
Page | 9
Task 4 – As Needed Professional Services (Optional)
4A) Additional Design and Construction Supports Services:

NCE will assist the City with as needed professional services that may include surveying additional curb ramps with NCE labor if needed, marking base/spot repairs with the contractor during construction, advising the City during construction regarding pavement treatments, submittals, RFIs, and other items that may come up during the course of design and construction.
4B) Pavement Coring:

NCE will collect pavement section core samples (4” – 8” diameter cores) on streets with problematic subgrade issues identified in pavement condition survey. All coring locations will be marked with white paint for utility location by Underground Service Alert (USA). Our current fee estimate assumes up to 12 core locations (including up to 2 bulk samples) that we estimate will take one (1) day to complete. For each core sample, NCE will measure and record the thickness and material type of each layer encountered in the pavement section, including the presence of any pavement reinforcing fabric.

Bulk samples of subgrade will be obtained at up to two (2) locations. We will collect bulk samples of subgrade materials at the core locations for laboratory testing such as R-value, moisture content and Atterberg Limits (plasticity index) determinations. The thickness of aggregate base (AB) will be measured at the bulk sample location only.

The core holes will penetrate through the pavement section and will then be backfilled with the excavated materials and capped with AC cold patch. NCE will then compile the coring and laboratory data and append it to its pavement design memorandum. Each core sample will be logged and stored at NCE’s office and retained through the duration of the project including construction before they are disposed. Additionally, NCE will apply for and obtain a no-fee encroachment permit from the City prior to starting the coring and provide traffic control in accordance with the same standards discussed in pavement deflection testing.

Additional scope and fee for traffic control will be required for performing any coring activities and laboratory testing if bulk samples of subgrade are performed. NCE can provide additional scope and fee depending on the type of coring to be performed.

SCHEDULE
NCE will provide a detailed design schedule to achieve delivery of construction documents for bidding in early 2025 once we have a notice to proceed and agreement on the revised scope of work. We will discuss further the level of effort and time to complete construction documents given the significant number of curb ramps that may require replacement and/or retrofit.

FEE ESTIMATE
NCE will provide the defined scope of work for a not to exceed fee of $149,400 and $183,200 with optional Task 4 as shown in the attached fee estimate. We will use our 2023 charge rates for this project in the spirit of receiving repeated trust from the City to design these types of projects.

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Packet Pg. 105 Attachment: Attachment 1- NCE Consultant Services Agreement- FY25-26 Pavement Project Signed by NCE [Revision 1] (5724 : Resolution - FY 2025/26 PAVEMENT RESURFACING PROJECT STREET LIST

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Packet Pg. 106 Attachment: Attachment 1- NCE Consultant Services Agreement- FY25-26 Pavement Project Signed by NCE [Revision 1] (5724 : Resolution - City of Pacifica
5-Year Work Plan
FY 2025/26 Street List
StreetID SectionID Street Name Beg Location End Location 2024 PCI
FC Surface
Type
Length
(ft)
Width
(ft)
Area
(sf) Treatment Year
ATHENI 4045 Athenian Way GRAND AVE DEAD END/Driveway 52 R AC 425 21 8,925 Slurry Seal 2025/26 STANLE 4725 Stanley Avenue KENT RD LIVINGSTON AVE 34 R AC 1,148 20 22,960 Double Slurry + 10% BR 2025/26 BLACKB 4075 Blackburn Terrace KENT RD DEAD END 12 R AC 356 22 7,832 Double Slurry 2025/26 OLYMPI 4540A Olympian Way GRAND AVE #304 OLYMPIAN WAY 0 R AC 650 14 9,100 Slurry Seal + 10% BR 2025/26 KATHLE 4375 Kathleen Court PARK PACIFICA CUL DE SAC 59 R AC 1,385 30 41,550 Slurry Seal 2025/26 GRANDT 4330B Grand Teton Drive BIG BEND DR PARK PACIFICA AVE (NORTH INT.) 58 R AC 1,334 31 41,354 Slurry Seal 2025/26 GRANDT 4330A Grand Teton Drive PARK PACIFICA AVE (SOUTH INT.) BIG BEND DR 42 R AC 1,519 31 47,089 Slurry Seal 2025/26 BIGSUR 4060 Big Sur Way PARK PACIFICA AVE CUL DE SAC 41 R AC 508 25 12,700 Slurry Seal 2025/26 ASPEND 4040 Aspen Drive TERRA NOVA BLVD PARK PACIFICA AVE 47 R AC/AC 1,952 30 58,560 Slurry Seal 2025/26 POINTR 4565 Point Reyes Way PARK PACIFICA AVE CUL DE SAC 40 R AC 497 25 12,425 Rubber Cape Seal 2025/26 YOSEMI 4810A Yosemite Drive PARK PACIFICA AVE ODDSTAD BLVD 48 R AC 1,257 30 37,710 Slurry Seal 2025/26 YOSEMI 4810B Yosemite Drive ODDSTAD BLVD HOUSE #945 34 R AC 596 37 22,052 Slurry Seal + 10% BR 2025/26 YOSEMI 4810C Yosemite Drive HOUSE #945 CUL DE SAC 27 R AC 445 31 13,795 Slurry Seal + 10% BR 2025/26 HUMBOL 4355 Humbolt Court YOSEMITE DR CUL DE SAC 2 R AC 1,305 25 32,625 Rubber Cape Seal 2025/26 KINGSC 4520 Kings Canyon Way YOSEMITE DR CUL DE SAC 29 R AC 423 25 10,575 Slurry Seal + 10% BR 2025/26 SEQUOI 4700 Sequoia Way ODDSTAD BLVD CUL DE SAC 45 R AC 172 29 4,988 Slurry Seal 2025/26 BROOKS 4110 Brooks Place LINCOLN PL CUL DE SAC 35 R AC 184 25 4,600 Slurry Seal + 10% BR 2025/26 PARKPA 4455A Park Pacifica Avenue CUL DE SAC JUDSON PL 31 C AC 402 37 14,874 Slurry Seal 2025/26 PARKPA 4455E Park Pacifica Avenue YOSEMITE DR BIG SUR WAY 31 C AC 1,540 29 44,660 Rubber Cape Seal + 50% Spot Repair 2025/26 PARKPA 4455F Park Pacifica Avenue BIG SUR WAY EVERGLADES DR 25 C AC 2,079 29 60,291 Rubber Cape Seal + 50% Spot Repair 2025/26 YELLOW 4805 Yellowstone Way PARK PACIFICA AVE CUL DE SAC 9 R AC 317 25 7,925 Rubber Cape Seal 2025/26 BRYCEC 4085 Bryce Canyon Way PARK PACIFICA AVE CUL DE SAC 9 R AC 256 25 6,400 Rubber Cape Seal 2025/26 MUIRWY 4500 Muir Way ODDSTAD BLVD CUL DE SAC 5 R AC 231 29 6,699 Slurry Seal + 10% BR 2025/26 CRATER 4200 Crater Lake Way ODDSTAD BLVD CUL DE SAC 0 R AC 313 29 9,077 Slurry Seal + 10% BR 2025/26 TIOGAW 4750 Tioga Way ODDSTAD BLVD CUL DE SAC 4 R AC 289 29 8,381 Slurry Seal + 10% BR 2025/26 LINCOL 4400A Lincoln Boulevard PARK PACIFICA AVE BROOKS PL 20 R AC 519 37 19,203 Slurry Seal + 10% BR 2025/26 LINCOL 4400B Lincoln Boulevard BROOKS PL CUL DE SAC 9 R AC 669 25 16,725 Slurry Seal + 20% BR 2025/26 BARTON 4285 Barton Place LINCOLN PLACE CUL DE SAC 18 R AC 544 25 13,600 Slurry Seal + 10% BR 2025/26 RANDOL 4675 Randolf Place LINCOLN PL CUL DE SAC 16 R AC 162 25 4,050 Slurry Seal + 10% BR 2025/26 WOODRO 4800 Woodrow Place LINCOLN PL CUL DE SAC 3 R AC 239 25 5,975 Slurry Seal + 10% BR 2025/26 CARLET 4190 Carleton Pl PARK PACIFICA AVE CUL DE SAC 17 R AC 301 25 7,525 Slurry Seal + 10% BR 2025/26 JUDSON 4370 Judson Place PARK PACIFICA AVE CUL DE SACS 23 R AC 369 29 10,701 Slurry Seal + 10% BR 2025/26 PARKPA 4455C Park Pacifica Avenue HOUSE #943 ODDSTAD BLVD 18 C AC 1,244 37 46,028 Rubber Cape Seal 2025/26 PARKPA 4455D Park Pacifica Avenue ODDSTAD BLVD YOSEMITE DR 13 C AC 1,049 37 38,813 Rubber Cape Seal 2025/26 BIGBEN 4105 Big Bend Drive GRAND TETON DR ODDSTAD BLVD 16 R AC 378 37 13,986 Rubber Cape Seal 2025/26 BIGBEN 4105A Big Bend Drive ODDSTAD BLVD GLACIER AVE 25 R AC 1,099 37 40,663 Rubber Cape Seal 2025/26 BIGBEN 4105B Big Bend Drive GLACIER AVE PRAIRIE CREEK DR 32 R AC 932 29 27,028 Rubber Cape Seal 2025/26 BIGBEN 4105C Big Bend Drive PRAIRIE CREEK DR CUL DE SAC 41 R AC 534 29 15,486 Rubber Cape Seal 2025/26 PRAIRI 4475A Prairie Creek Drive RAINIER AVE GLACIER AVE 55 R AC 675 29 19,575 Rubber Cape Seal 2025/26 PRAIRI 4475B Prairie Creek Drive GLACIER AVE BIG BEND DR 52 R AC 1,168 29 33,872 Rubber Cape Seal 2025/26 GLACIE 4295A Glacier Avenue BIG BEND DR PRAIRIE CREEK DR 66 R AC 249 33 8,217 Rubber Cape Seal 2025/26 GLACIE 4295B Glacier Avenue PRAIRIE CREEK DR ST LAWRENCE DR 76 R AC 1,210 30 36,300 Rubber Cape Seal 2025/26 GLACIE 4295C Glacier Avenue ST LAWRENCE DR CAPE BRETON DR 66 R AC 1,072 33 35,376 Rubber Cape Seal 2025/26 STLAWR 4680 St. Lawrence Court GLACIER AVE CUL DE SAC 0 R AC 335 25 8,375 Rubber Cape Seal 2025/26 STLAWR 4685A St. Lawrence Drive ODDSTAD BLVD GLACIER AVE 43 R AC 588 33 19,404 Rubber Cape Seal 2025/26 ROBERT 3400B Roberts Road 692 ft W/O FASSLER DR FASSLER DR 58 A AC/AC 692 43 29,756 Slurry Seal 2025/26 ROBERT 3400A Roberts Road CRESPI DR 692 ft W/O FASSLER DR 60 A AC/AC 2,960 37 109,520 Slurry Seal 2025/26 CRESPI 4155A Crespi Drive ST HWY 1 LADERA WAY 19 C AC 1,321 65 85,865 Slurry Seal + 10% BR 2025/26 LAMIRA 4835 La Mirada Way CRESPI DR DEAD END NORTH OF ALTA VISTA 22 R AC 654 29 18,966 Double Slurry 2025/26 CORONA 4150A Corona Drive DEAD END NORTHEAST OF ESCALERO ESCALERO AVE 22 R AC 1,509 29 43,761 Double Slurry 2025/26 1/2

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Packet Pg. 107 Attachment: Attachment 1- NCE Consultant Services Agreement- FY25-26 Pavement Project Signed by City of Pacifica
5-Year Work Plan
FY 2025/26 Street List
StreetID SectionID Street Name Beg Location End Location 2024 PCI
FC Surface
Type
Length
(ft)
Width
(ft)
Area
(sf) Treatment Year
CORONA 4150B Corona Drive ESCALERO AVE CUL DE SAC 19
R AC 909 25 22,725 Double Slurry 2025/26
CORDOV 4145 Cordova Court CORONA DR CUL DE SAC 52R AC 294 29 8,526 Double Slurry 2025/26 ESCALE 4270C Escalero Avenue CRESPI DR CORONA DR 57R AC/AC 797 29 23,113 Slurry Seal 2025/26 ESCALE 4270D Escalero Avenue CORONA DR CORONA DR 42
R AC/AC 388 29 11,252 Slurry Seal 2025/26
ORTEGA 4545 Ortega Court LADERA WAY CUL DE SAC 28R AC 477 29 13,833 Multi-Layer 2025/26 2/2

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Packet Pg. 108 Attachment: Attachment 1- NCE Consultant Services Agreement- FY25-26 Pavement Project Signed by

FEE ESTIMATE

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Packet Pg. 109 Attachment: Attachment 1- NCE Consultant Services Agreement- FY25-26 Pavement Project Signed by NCE [Revision 1] (5724 : Resolution - Task Description Principal
Project
Manager
Senior
Engineer
Project
Engineer
Staff
Engineer
Field
Technician Clerical
Labor
Expenses Coring
Traffic
Control
Laboratory
Testing
Reimbursable
Expenses Total Cost
Rate $310 $245 $205 $180 $155 $115 $105

1. Project Management & Meetings
1A. Project Kick-off Meeting/Progress Meetings 6 16 8 $ 7,420 $ 100 $ 7,500 1B. Utility Coordination 2 2 20 2 $ 4,210 $ 100 $ 4,300 Sub-Total 6 18 10 0 20 0 2 $ 11,630 $ - $ - $ - $ 200 $ 11,800

2. Pavement Rehabilitation Design
2A. Pavement and C & G Condition Survey 2 2 24 40 $ 11,420 $ 400 $ 11,800 2B. Pavement Design Recommendations 8 2 24 8 $ 8,530 $ 100 $ 8,600 Sub-Total 8 4 2 48 48 0 0 $ 19,950 $ - $ - $ - $ 500 $ 20,400

3. Plans, Specifications & Estimates (PS&E)
3A. Design Data Gathering 2 24 72 $ 15,970 $ 1,200 $ 17,200 3B. 60% PS&E 16 12 12 16 240 $ 50,440 $ 100 $ 50,500
3C. 90% PS&E 8 6 8 16 155 $ 32,495 $ 100 $ 32,600
3D. Final (100%) PS&E 8 4 8 8 64 2 $ 16,670 $ 200 $ 16,900 Sub-Total 32 24 28 64 531 0 2 $ 115,575 $ - $ - $ - $ 1,600 $ 117,200 Total 46 46 40 112 599 0 4 $ 147,155 $ - $ - $ - $ 2,300 $ 149,400

4. As Needed Professional Services (Optional) $ -
4A. Additional Design and Construction Supports Services 8 16 16 40 16 4 $ 19,780 $ 200 $ 20,000 4B. Pavement Coring 2 8 6 12 $ 4,240 $ 5,000 $ 2,200 $ 1,980 $ 400 $ 13,800 Total With Optional Task 54 64 56 160 621 12 8 $ 171,175 $ 5,000 $ 2,200 $ 1,980 $ 2,900 $ 183,200 City of Pacifica
FY 25/26 Pavement Resurfacing and Concrete Improvements Project Fee Estimate
July 19, 2024
Labor Hours

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Packet Pg. 110 Attachment: Attachment 1- NCE Consultant Services Agreement- FY25-26 Pavement Project Signed by NCE [Revision 1] (5724 : Resolution - - 2 -

EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:

1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.

2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.

3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.

Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.

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Packet Pg. 111 Attachment: Attachment 1- NCE Consultant Services Agreement- FY25-26 Pavement Project Signed by NCE [Revision 1] (5724 : Resolution - City of Pacifica
5-Year Work Plan
FY 2025/26 Street List
StreetID SectionID Street Name Beg Location End Location 2024 PCI
FC Surface
Type
Length
(ft)
Width
(ft)
Area
(sf) Treatment Year
ATHENI 4045 Athenian Way GRAND AVE DEAD END/Driveway 52 R AC 425 21 8,925 Slurry Seal 2025/26 STANLE 4725 Stanley Avenue KENT RD LIVINGSTON AVE 34 R AC 1,148 20 22,960 Double Slurry + 10% BR 2025/26 BLACKB 4075 Blackburn Terrace KENT RD DEAD END 12 R AC 356 22 7,832 Double Slurry 2025/26 OLYMPI 4540A Olympian Way GRAND AVE #304 OLYMPIAN WAY 0 R AC 650 14 9,100 Slurry Seal + 10% BR 2025/26 KATHLE 4375 Kathleen Court PARK PACIFICA CUL DE SAC 59 R AC 1,385 30 41,550 Slurry Seal 2025/26 GRANDT 4330B Grand Teton Drive BIG BEND DR PARK PACIFICA AVE (NORTH INT.) 58 R AC 1,334 31 41,354 Slurry Seal 2025/26 GRANDT 4330A Grand Teton Drive PARK PACIFICA AVE (SOUTH INT.) BIG BEND DR 42 R AC 1,519 31 47,089 Slurry Seal 2025/26 BIGSUR 4060 Big Sur Way PARK PACIFICA AVE CUL DE SAC 41 R AC 508 25 12,700 Slurry Seal 2025/26 ASPEND 4040 Aspen Drive TERRA NOVA BLVD PARK PACIFICA AVE 47 R AC/AC 1,952 30 58,560 Slurry Seal 2025/26 POINTR 4565 Point Reyes Way PARK PACIFICA AVE CUL DE SAC 40 R AC 497 25 12,425 Rubber Cape Seal 2025/26 YOSEMI 4810A Yosemite Drive PARK PACIFICA AVE ODDSTAD BLVD 48 R AC 1,257 30 37,710 Slurry Seal 2025/26 YOSEMI 4810B Yosemite Drive ODDSTAD BLVD HOUSE #945 34 R AC 596 37 22,052 Slurry Seal + 10% BR 2025/26 YOSEMI 4810C Yosemite Drive HOUSE #945 CUL DE SAC 27 R AC 445 31 13,795 Slurry Seal + 10% BR 2025/26 HUMBOL 4355 Humbolt Court YOSEMITE DR CUL DE SAC 2 R AC 1,305 25 32,625 Rubber Cape Seal 2025/26 KINGSC 4520 Kings Canyon Way YOSEMITE DR CUL DE SAC 29 R AC 423 25 10,575 Slurry Seal + 10% BR 2025/26 SEQUOI 4700 Sequoia Way ODDSTAD BLVD CUL DE SAC 45 R AC 172 29 4,988 Slurry Seal 2025/26 BROOKS 4110 Brooks Place LINCOLN PL CUL DE SAC 35 R AC 184 25 4,600 Slurry Seal + 10% BR 2025/26 PARKPA 4455A Park Pacifica Avenue CUL DE SAC JUDSON PL 31 C AC 402 37 14,874 Slurry Seal 2025/26 PARKPA 4455E Park Pacifica Avenue YOSEMITE DR BIG SUR WAY 31 C AC 1,540 29 44,660 Rubber Cape Seal + 50% Spot Repair 2025/26 PARKPA 4455F Park Pacifica Avenue BIG SUR WAY EVERGLADES DR 25 C AC 2,079 29 60,291 Rubber Cape Seal + 50% Spot Repair 2025/26 YELLOW 4805 Yellowstone Way PARK PACIFICA AVE CUL DE SAC 9 R AC 317 25 7,925 Rubber Cape Seal 2025/26 BRYCEC 4085 Bryce Canyon Way PARK PACIFICA AVE CUL DE SAC 9 R AC 256 25 6,400 Rubber Cape Seal 2025/26 MUIRWY 4500 Muir Way ODDSTAD BLVD CUL DE SAC 5 R AC 231 29 6,699 Slurry Seal + 10% BR 2025/26 CRATER 4200 Crater Lake Way ODDSTAD BLVD CUL DE SAC 0 R AC 313 29 9,077 Slurry Seal + 10% BR 2025/26 TIOGAW 4750 Tioga Way ODDSTAD BLVD CUL DE SAC 4 R AC 289 29 8,381 Slurry Seal + 10% BR 2025/26 LINCOL 4400A Lincoln Boulevard PARK PACIFICA AVE BROOKS PL 20 R AC 519 37 19,203 Slurry Seal + 10% BR 2025/26 LINCOL 4400B Lincoln Boulevard BROOKS PL CUL DE SAC 9 R AC 669 25 16,725 Slurry Seal + 20% BR 2025/26 BARTON 4285 Barton Place LINCOLN PLACE CUL DE SAC 18 R AC 544 25 13,600 Slurry Seal + 10% BR 2025/26 RANDOL 4675 Randolf Place LINCOLN PL CUL DE SAC 16 R AC 162 25 4,050 Slurry Seal + 10% BR 2025/26 WOODRO 4800 Woodrow Place LINCOLN PL CUL DE SAC 3 R AC 239 25 5,975 Slurry Seal + 10% BR 2025/26 CARLET 4190 Carleton Pl PARK PACIFICA AVE CUL DE SAC 17 R AC 301 25 7,525 Slurry Seal + 10% BR 2025/26 JUDSON 4370 Judson Place PARK PACIFICA AVE CUL DE SACS 23 R AC 369 29 10,701 Slurry Seal + 10% BR 2025/26 PARKPA 4455C Park Pacifica Avenue HOUSE #943 ODDSTAD BLVD 18 C AC 1,244 37 46,028 Rubber Cape Seal 2025/26 PARKPA 4455D Park Pacifica Avenue ODDSTAD BLVD YOSEMITE DR 13 C AC 1,049 37 38,813 Rubber Cape Seal 2025/26 BIGBEN 4105 Big Bend Drive GRAND TETON DR ODDSTAD BLVD 16 R AC 378 37 13,986 Rubber Cape Seal 2025/26 BIGBEN 4105A Big Bend Drive ODDSTAD BLVD GLACIER AVE 25 R AC 1,099 37 40,663 Rubber Cape Seal 2025/26 BIGBEN 4105B Big Bend Drive GLACIER AVE PRAIRIE CREEK DR 32 R AC 932 29 27,028 Rubber Cape Seal 2025/26 BIGBEN 4105C Big Bend Drive PRAIRIE CREEK DR CUL DE SAC 41 R AC 534 29 15,486 Rubber Cape Seal 2025/26 PRAIRI 4475A Prairie Creek Drive RAINIER AVE GLACIER AVE 55 R AC 675 29 19,575 Rubber Cape Seal 2025/26 PRAIRI 4475B Prairie Creek Drive GLACIER AVE BIG BEND DR 52 R AC 1,168 29 33,872 Rubber Cape Seal 2025/26 GLACIE 4295A Glacier Avenue BIG BEND DR PRAIRIE CREEK DR 66 R AC 249 33 8,217 Rubber Cape Seal 2025/26 GLACIE 4295B Glacier Avenue PRAIRIE CREEK DR ST LAWRENCE DR 76 R AC 1,210 30 36,300 Rubber Cape Seal 2025/26 GLACIE 4295C Glacier Avenue ST LAWRENCE DR CAPE BRETON DR 66 R AC 1,072 33 35,376 Rubber Cape Seal 2025/26 STLAWR 4680 St. Lawrence Court GLACIER AVE CUL DE SAC 0 R AC 335 25 8,375 Rubber Cape Seal 2025/26 STLAWR 4685A St. Lawrence Drive ODDSTAD BLVD GLACIER AVE 43 R AC 588 33 19,404 Rubber Cape Seal 2025/26 ROBERT 3400B Roberts Road 692 ft W/O FASSLER DR FASSLER DR 58 A AC/AC 692 43 29,756 Slurry Seal 2025/26 ROBERT 3400A Roberts Road CRESPI DR 692 ft W/O FASSLER DR 60 A AC/AC 2,960 37 109,520 Slurry Seal 2025/26 CRESPI 4155A Crespi Drive ST HWY 1 LADERA WAY 19 C AC 1,321 65 85,865 Slurry Seal + 10% BR 2025/26 LAMIRA 4835 La Mirada Way CRESPI DR DEAD END NORTH OF ALTA VISTA 22 R AC 654 29 18,966 Double Slurry 2025/26 CORONA 4150A Corona Drive DEAD END NORTHEAST OF ESCALERO ESCALERO AVE 22 R AC 1,509 29 43,761 Double Slurry 2025/26 1/5
ATTACHMENT 2

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Packet Pg. 112 Attachment: Attachment 2 - Street List for FY 2025-26 [Revision 1] (5724 : Resolution - Approve City of
Pacifica
5-Year Work Plan
FY 2025/26 Street List
StreetID SectionID Street Name Beg Location End Location 2024 PCI
FC Surface
Type
Length
(ft)
Width
(ft)
Area
(sf) Treatment Year
CORONA 4150B Corona Drive ESCALERO AVE CUL DE SAC 19R AC 909 25 22,725 Double Slurry 2025/26 CORDOV 4145 Cordova Court CORONA DR CUL DE SAC 52R AC 294 29 8,526 Double Slurry 2025/26 ESCALE 4270C Escalero Avenue CRESPI DR CORONA DR 57R AC/AC 797 29 23,113 Slurry Seal 2025/26 ESCALE 4270D Escalero Avenue CORONA DR CORONA DR 42R AC/AC 388 29 11,252 Slurry Seal 2025/26 ORTEGA 4545 Ortega Court LADERA WAY CUL DE SAC 28R AC 477 29 13,833 Multi-Layer 2025/26 2/5

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Packet Pg. 113 Attachment: Attachment 2 - Street List for FY 2025-26 [Revision 1] (5724 : Resolution - Approve FY 2025/26
City of Pacifica

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Packet Pg. 114 Attachment: Attachment 2 - Street List for FY 2025-26 [Revision 1] (5724 : Resolution - Approve

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/12/2024
1 SUBJECT:

Approval of Full Trash Capture Design Consultant Services Agreement between the City of Pacifica and Schaaf & Wheeler
RECOMMENDED ACTION:

Move to Approve a Resolution Authorizing an Agreement for Consultant Services with Schaaf and Wheeler, Inc. for engineering design services in the amount of $168,530 for the Full Trash Capture Stormwater Treatment Project; Approve budget authority in the amount of $185,383 which includes 10% contingency in the amount of $16,853; and Authorize the City Manager to execute all documents related to the project.

STAFF CONTACT:

Rey Gian Soriano - Assistant Civil Engineer
(650) 676-5608
[email protected] <mailto:[email protected]>
Roland Yip, P.E. - Deputy Director of Public Works/City Engineer (650) 738-3771
[email protected] <mailto:[email protected]>
BACKGROUND/DISCUSSION:

Pacifica and Caltrans staff, with support from the San Mateo Countywide Water Pollution Program and San Francisco Bay Regional Water Quality Control Board, had discussions on the development of a cooperative agreement under the 2020 Funding Contribution Only (FCO) program for a full trash capture stormwater project. The City of Pacifica entered into a Cooperative Agreement for Stormwater Mitigation with Caltrans on January 11, 2024 based on Council approved Resolution 01-2020 that allows the City Manager to sign Caltrans funding agreements and is requested by Caltrans to allow for efficient management of their agreements.

Under this agreement, the City of Pacifica will undertake the design and construction of the proposed Full Trash Capture (FTC) device within its jurisdiction. Caltrans will contribute $1,440,000 from the State Highway Operation and Protection Program (SHOPP) funds to reimburse the City for the project.

The City of Pacifica contacted professional engineering consultants to submit proposals for design of the Full Trash Capture Devices Project, including preparation of the project plans, specifications, and engineering estimate. The project aims to mitigate stormwater pollutants from Caltrans Significant Trash Generation Areas to improve regional stormwater quality.

Caltrans and the City must comply with the Statewide National Pollutant Discharge Elimination System (NPDES) permit, which requires implementation of control measures to reduce stormwater pollutants. This project, undertaken with Caltrans and paid for with grant funds, aims to retain and capture all trash and debris from the below-grade storm drain system to meet both Caltrans and City requirements in the Fairmont Watershed area of Pacifica. 8 Packet Pg. 115
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August 12, 2024
The project will install a stormwater cleaning device called a Baffle Box or Hyrdodynamic separator on a storm drain line that receives flow from a total tributary area of 31.4 acres, which includes runoff from Caltrans roadways and impervious surfaces. The Baffle Box/Hydrodynamic Separator will be installed on Esplanade Avenue at Bill Drake Way to clean the stormwater traveling through a 51” storm drain line on Esplanade Avenue that outfalls at The Bluffs apartment homes.

The city seeks to engage consultants knowledgeable in design/installation of a Baffle Box or Hydrodynamic Separator for this project. The City has reached out to multiple engineering consultants for the project design, which will require in-depth knowledge of stormwater design, stormwater modeling, and design of trash capture devices and stormwater quality management systems. The City issued a Request for Proposals (RFP) on May 8, 2024, with proposals due on June 14, 2024.

The City received proposals from two engineering consulting firms: Schaaf and Wheeler and Freyer and Laureta. After careful review of the proposed scope of work and fee proposals for each consultant, staff recommends awarding the design contract to Schaaf and Wheeler. While both firms’ proposals demonstrated they have the requisite qualifications and experience to successfully complete the project design, staff found Schaaf and Wheeler’s experience as described in the proposal to be more closely aligned with the scope of this project.

The City Manager recommends approving a Resolution authorizing an Agreement for Consultant Services with Schaaf and Wheeler, Inc. for engineering design services in the amount of $168,530 for the Full Trash Capture Stormwater Treatment Project and approving a budget authority in the amount of $185,383 which includes a 10% contingency in the amount of $16,853.

ALTERNATIVE ACTION:

Alternative actions may include rejecting approval of this agreement or modifying the scope.

Either of these actions would result in delay of this project and may cause the city to miss grant funding deadlines that could impact the City’s ability to receive these funds.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the consultant contract is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities, improving streets, stormwater and wastewater infrastructure and responding to impacts of sea level rise and other effects of climate change. Approval of this action will improve the trash capture in the City’s stormwater infrastructure.

FISCAL IMPACT
The City has signed a cooperative agreement with Caltrans where Caltrans will contribute $1,440,000 to the City of Pacifica from the SHOPP fund for the design and installation of the project. The cost of the consultant services is $168,530. City staff recommends including a 10% contingency for any additional unforseen work that may occur for a total of $185,383. The remaining SHOPP funds of $1,254,617 will be used for construction.

ORIGINATED BY:

Public Works
8 Packet Pg. 116
Pacifica City Council 3
August 12, 2024
ORIGINATED BY:

Engineering
ATTACHMENT LIST:

Attachment 1-Schaaf & Wheeler Consultant Services Agreement (PDF) 8 Packet Pg. 117
Pacifica City Council 4
August 12, 2024
RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

AUTHORIZING A CONSULTANT SERVICES AGREEMENT WITH SCHAAF & WHEELER, INC. FOR ENGINEERING DESIGN SERVICES FOR THE FULL TRASH

CAPTURE STORMWATER TREATMENT PROJECT
______________________________________________________
WHEREAS, the City of Pacifica (Pacifica) entered into a Funding Contribution Only (FCO) agreement with the California Department of Transportation (Caltrans) under the 2020 FCO program for full trash capture stormwater treatment; and WHEREAS, Pacifica and Caltrans staff, with support from the San Mateo Countywide Water Pollution Program and the San Francisco Bay Regional Water Quality Control Board, signed the cooperative implementation agreement on January 11, 2024; and WHEREAS, Pacifica issued a Request for Proposals (RFP) on May 8, 2024, and received proposals from two engineering consulting firms: Schaaf and Wheeler and Freyer and Laureta; and
WHEREAS, after review, staff recommends awarding the design contract to Schaaf and Wheeler for their experience alignment with the project scope for a fee of $168,530; and WHEREAS, the project is funded in the city’s FY24-25 adopted budget with an additional 10% contingency amounting to $16,853 for any additional unforeseen work, making the total budget authority $185,383.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to execute a Consultant Services Agreement with Schaaf & Wheeler, Inc. for engineering design services for the Full Trash Capture Stormwater Treatment Project in the amount not to exceed $168,530 and authorize an additional 10% contingency for a total budget authority of $185,383, and authorize the City Manager to execute all documents related to the project.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of August 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 8 Packet Pg. 118

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this 12th day of August, 2024, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and SCHAAF & WHEELER [a corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires Water Resources Services in connection with Caltrans under the 2020 FCO program for the full trash capture stormwater treatment project 04-2AC90; and WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

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

ARTICLE 1 - SCOPE OF SERVICES

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

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

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

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

CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, under the same or similar circumstances as that of CONSULTANT under this Agreement, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.

ATTACHMENT "1"

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Packet Pg. 119 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design

1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

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

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

However, notwithstanding the foregoing, CONSULTANT shall not be responsible for any alterations, modifications or additions made to the Documents by CITY or any reuse of the Documents by CITY or any other party for the projects under this Agreement and applicable Task Orders or any other project without the consent of CONSULTANT.

CITY shall defend, indemnify, and hold harmless CONSULTANT against any claims, damages, or losses arising out of the reuse or distribution of the Documents without the consent of CONSULTANT and arising out of alterations, modifications, or additions to the Documents made by anyone other than CONSULTANT.

Furthermore, third-party content that may be used or incorporated in the Documents shall not become the property of CITY. CONSULTANT shall secure all licenses necessary to any third-party content incorporated into CONSULTANT’s Documents for CITY to utilize CONSULTANT’s services and the Documents for their intended purposes.

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

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

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Packet Pg. 120 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $168,530 ("Cost Ceiling").

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

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

2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.

CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by October 31, 2025.

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

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

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Packet Pg. 121 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design

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

ARTICLE 4 - DESIGNATED CONTACTS

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

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

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.

CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense. The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

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

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

A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial

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Packet Pg. 122 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.

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

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

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

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

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (crossliability endorsement); • Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and

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Packet Pg. 123 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

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

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

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

If to CITY: City Manager
170 Santa Maria Avenue
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]

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Packet Pg. 124 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design If to CONSULTANT: Caitlin J. Tharp, VP
870 Market Street, Suite 1278
San Francisco, CA 94102
Phone: (415) 823-4964
Email: [email protected]

MISCELLANEOUS

6.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.

CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.

Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.

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Packet Pg. 125 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design

6.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.

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

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

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

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

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

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

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

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

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Packet Pg. 126 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design

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

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

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

6.13. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
CONSULTANT: SCHAAF & WHEELER
By: Date
Caitlin J. Tharp, VP
Attest:

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

Michelle Marchetta Kenyon, City Attorney

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Packet Pg. 127 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design

EXHIBIT A

SCOPE OF SERVICES

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Packet Pg. 128 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
1171 Homestead Rd., Ste. 255
Santa Clara, CA 95050
(408) 246-4848
June 14, 2024

PROPOSAL FOR
City of Pacifica
Full Trash Capture Stormwater Treatment Project

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Packet Pg. 129 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Table of Contents
Schaaf & Wheeler
Table of Contents
I. Cover Letter..............................................................................................................................1 II. Organization Chart..................................................................................................................2 III. Firm Statement of Qualifications..........................................................................................3 IV. Staff Statement of Qualifications .........................................................................................5 V. Project Management and Staff Availability ..........................................................................8 VI. Project Approach...................................................................................................................9 VII. Schedule of Work ...............................................................................................................14 VIII. Cost Proposal (included separately) ...............................................................................15 IX. Method of Payment .............................................................................................................16 X. References ............................................................................................................................17 Appendix: Subconsultant Resumes

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Packet Pg. 130 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design (408) 246-4848
Schaaf & Wheeler 1
Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
870 Market Street, Suite 1278
San Francisco, CA 94102
I. Cover Letter
June 14, 2024
Rey Gian Soriano
City of Pacifica
151 Milagra Drive
Pacifica, CA 94044
Subject: Proposal for Full Trash Capture Stormwater Treatment Project Dear Mr. Soriano:

Schaaf & Wheeler is pleased to submit the enclosed proposal to complete the Full Trash Capture Stormwater Treatment Project for the City of Pacifica. Our team is positioned to provide the City with bid documents that mitigate stormwater pollutants from the City and Caltrans Significant Trash Generation Areas to improve regional stormwater quality.

Incorporated in California since 1985, Schaaf & Wheeler has provided numerous public agencies with services related to trash capture during our almost 40-year history, including for the Cities of Hayward, Palo Alto and San Mateo. We have assisted cities with Caltrans cooperative projects, including Emeryville, San Pablo and San Mateo County.

I will be the project manager and principal-in-charge. I have more than 10 years of experience working on large trash capture projects throughout California and am authorized to contractually bind our firm. Robin J. Lee, PE will bring her 17 years of experience to provide QA/QC services to the project.

The enclosed proposal outlines our project approach and team qualifications. We welcome the opportunity to meet with the City to discuss our proposal further. If you need additional information or have any questions, please contact me at (415) 823-4964 or [email protected].

Sincerely,
Schaaf & Wheeler
Caitlin J. Tharp, PE
Vice President

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Packet Pg. 131 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design II. Organization Chart
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II. Organization Chart
Schaaf & Wheeler has assembled a dedicated team of in-house engineers and subconsultants for this project, as outlined in our organizational chart. A summary of individual responsibilities, qualifications, and references is included in Section IV. Resumes for subconsultants are included in the Appendix.

Principal-in-Charge/Project Manager
Caitlin J. Tharp, PE
Project Engineer
Andrea Castro
CAD Designer
Frank Milien
Survey and Utility
Investigation
Kier + Wright
Geotechnical
Investigation
BSK
Potholing
Bess Testlab
CEQA
NCE
QA/QC
Robin J. Lee, PE

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Packet Pg. 132 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design III. Firm Statement of Qualifications
Schaaf & Wheeler 3
III. Firm Statement of Qualifications
Firm Name: Schaaf & Wheeler
Type of Organization: Corporation – Incorporated in California since 1985, in business 39 years
Offices: HQ: 4699 Old Ironsides Drive, Suite 350, Santa Clara, CA 95054 870 Market Street, Suite 1278, San Francisco, CA 94102
2200 Range Avenue, Ste. 201, Santa Rosa, CA 95403
3 Quail Run Circle, Ste. 101, Salinas, CA 93907
10232 Donner Pass Road #4, Truckee, CA 96161
Organization: Employee-owned and operated by 9 principals Professional
Registrations and
Affiliations:

Certified State of California Small Business Enterprise Certification No. 40527
Schaaf & Wheeler is a civil engineering firm focused in water resources. With almost 40 years of commitment to solving flood control, stormwater, wastewater, potable water, and recycled water problems, Schaaf & Wheeler is recognized by public and private sector clients for its valueadded engineering. We are certified as a small business enterprise by the State of California and operate from five locations: Santa Clara, San Francisco, Santa Rosa, Salinas, and Truckee.

Schaaf & Wheeler has 10 areas of focus within the water resources discipline:
▪ Hydrology and hydraulics analyses, including site evaluations and modeling; ▪ Flood control analyses, including floodplain studies and channel design, filing of letters of map revision, and FEMA coordination;
▪ Watershed assessments, erosion and sediment control, and bioengineered channel stabilization;
▪ Water quality, including design or review of best management practices (BMPs) for stormwater treatment and hydromodification flow control facilities; ▪ Stormwater management and drainage services, including master planning, engineering, and design of urban storm drain systems and pump stations; ▪ Wastewater system master planning, engineering, and design of conveyance systems, including lift stations;
▪ Potable water system master planning, modeling, engineering; and design of supply, storage, collection and distribution systems, including tanks and booster stations; ▪ Recycled water systems planning, engineering, and design; including reclamation feasibility studies and customer retrofits;
▪ Construction management, construction site observation, construction inspection services, value engineering, construction cost analysis, and constructability reviews; and ▪ Project management, including management of subconsultants, containment of schedule and cost, and communications with client and stakeholders.

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Schaaf & Wheeler 4
Schaaf & Wheeler has successfully completed many projects similar in size and scope to the City’s proposed project. The below map highlights the breadth of our trash capture experience throughout California, with specific project details and references included in Section X.

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Packet Pg. 134 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design IV. Staff Statement of Qualifications
Schaaf & Wheeler 5
IV. Staff Statement of Qualifications
Schaaf & Wheeler Roles, Resumes, and References
Caitlin J. Tharp, PE, LEED AP, QSD/QSP, CPSWQ, CFM: Principal-inCharge/Project Manager Caitlin is an owner and vice president at Schaaf & Wheeler. She brings more than 15 years of experience in stormwater systems, hydrology and hydraulics, open channel design, and bridge scour analysis. She is accomplished in full trash capture planning and design, NPDES permit compliance, and storm sewer system design.

Caitlin has been assisting municipalities with locating, assessing feasibility and constructability, and designing full trash capture systems for 10 years.

Caitlin augments her skills regularly through training and has provided numerous presentations on trash capture device selection, design, and hydraulics.

Caitlin will be responsible for day-to-day project management for the entire length of the project. She will hold regular team meetings to make sure issues are resolved effectively and to allocate resources to critical tasks. Caitlin will maintain the project schedule and budget and provide overall project oversight. She will attend all critical meetings with City personnel.

Reference Name, Agency, and Relevant Project Contact Information Jarrett Rasmussen, City of Livermore
Trash Capture Design of 8 Devices, 2023 – 2024
(925) 960-4519
[email protected]
Lisa Au, City of Mountain View
Trash Capture Design, 2016 – 2018
(650) 903-6329
[email protected]
Elisa Wilfong, City of Hayward
Trash Capture Project Design, Coordination with Caltrans, and Installation Management, 2021 – 2023
(510) 881-7960
[email protected]
Robin J. Lee, PE: QA/QC
Robin is a senior project manager at Schaaf & Wheeler. She has worked on numerous successful storm drainage and flood control projects throughout the Bay Area. Robin has been working with the City of South San Francisco for the past three years to comply with the Regional Municipal Permit Section C.10 to achieve their trash reduction goals. Robin authored trash capture feasibility reports for both the cities of San Bruno and South San Francisco.

She also assisted both jurisdictions install small scale CPS units to meet trash capture targets.

Robin assisted the San Mateo Countywide Water Pollution Prevention Program in identifying large scale trash capture device implementation opportunities which would capture significant acreage of Caltrans right of way for partnership opportunities.

Robin will perform an internal review of all work products before they are submitted to the City.

Education
MS, Environmental
Engineering, USC
BSCE, Civil and
Environmental
Engineering, Cal
Poly
Licenses
RCE: CA: C76810;
NV: 030525
Education
MS, Civil and
Environmental
Engineering, UC
Berkeley
BS, Civil and
Environmental
Engineering, UCLA
Licenses
RCE: CA C70040;
WA C43587

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Packet Pg. 135 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design IV. Staff Statement of Qualifications
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Reference Name, Agency, and Relevant Project Contact Information Rob Carson, MCSTOPPP Administrator
Trash Capture Feasibility Analysis and Concept Designs, 2021 – 2023 (415) 473-2745
[email protected]
Joel Waxdeck, PE, City of Livermore
Trash Capture Feasibility and Design, 2018 – 2020
(925) 960-4521
[email protected]
Jimmy Vo, City of San Mateo
Trash Capture Feasibility Study and Design, 2016 – 2019 (650) 522-7319
[email protected]
Andrea Castro, EIT: Project Engineer
Andrea is an assistant engineer at Schaaf & Wheeler with 11 years of experience providing engineering services. Her recent experience includes designing full trash capture devices for stormwater systems.

Andrea has developed hydrology models for proposed developments to size basins and provided numerous third-party reviews of Stormwater Management Plans (SWMPs) for agreement with the Municipal Regional Permit (NPDES, 2022) and any applicable local regulations for the SWMP to comply with NPDES C.3 standards.

Andrea will be the engineer developing the construction documents and hydraulic analysis under the guidance of Caitlin.

Reference Name, Agency, and Relevant Project Contact Information Rob Carson, MCSTOPPP Administrator
Trash Capture Feasibility Analysis and Concept Designs, 2021 – 2023 (415) 473-2745
[email protected]
Julie Casagrande, San Mateo County
Douglas Trash Capture, 2023
(650) 599-1457
[email protected]
Milton Wong, San Mateo County
Athlone Trash Capture, 2023
(650) 599-1472
[email protected]
Frank Milien, PE: CAD Designer
Frank is a CAD designer with more than 14 years of experience as a project manager and civil design engineer. In his current role, Frank regularly provides CAD design assistance and tutorials, answers clients questions regarding plan set comments, and manages project files for integrated CAD access. Frank has created stormwater management plans and reports for acquisition of Virginia DEQ general construction permits, utility plans and profiles for layout of underground utilities (stormwater, water, sanitary sewer, etc.), details sheets for reference to project technical specifications, cross sections for quantity calculations, and engineering estimates for bid and award phase services.

Reference Name, Agency, and Relevant Project Contact Information Young Tran, Senior Engineer
Embarcadero Trash Capture, 2023
(650) 329-2160
[email protected]
Julie Casagrande, San Mateo County
Douglas Trash Capture, 2023
(650) 599-1457
[email protected]
Elisa Wilfong, City of Hayward
Trash Capture Project, 2021 – 2023
(510) 881-7960
elisa.wilfong@haywardca.gov
Education
MS, Civil and
Environmental
Engineering, Cornell
BS, Environmental
Resources Engineering,
Humboldt State
Licenses
BCEE: NV 029874; EIT:

CA, 129496
Education
BSCE Virginia
Tech
Licenses
RCE: VA
0402052167

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Packet Pg. 136 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design IV. Staff Statement of Qualifications
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About Our Subconsultants
Survey and Utility Investigation
Kier + Wright (K+W) is a team of civil engineering and land surveying professionals founded in 1972 with nine offices and 230 total employees, including 13 licensed land surveyors. They have over 70 LEED-certified projects and are trusted by many cities to bring their public improvements to life, including the Cities of San Mateo, Hayward, Dublin, Livermore, and the Town of Los Gatos. Their civil engineering and land surveying team is well versed in the varied public agency and local regulatory agency approval processes. Projects include residential, commercial, and industrial developments as well as public facilities and land surveying services throughout the Bay Area.

K+W has teamed with Schaaf & Wheeler for over 15 years on various projects throughout Northern California.

Geotechnical Investigation
Founded in 1966 in Fresno, BSK is a nearly 200-employee strong, California-grown engineering consulting firm providing geotechnical engineering, materials testing and special inspection, environmental engineering, and analytical chemistry laboratory support to primarily public agency clients. Over 75% of their projects in the Bay area are within the public sector. BSK holds a strong resume of soils experience supporting utilities projects throughout the Bay Area and beyond. BSK currently has an on-call contract with the City of Pacifica. BSK is a registered public works contractor with the Department of Industrial Relations (#1000003557).

Potholing
Bess Testlab, Inc. (BESS) is a C-Corporation, privately-owned company based out of Hayward, CA and has been in operation since 1967. BESS provides a complete range of utility solutions to both private and public companies throughout Northern and Southern California. BESS utilizes state-of-the-art electromagnetic and acoustic pipe locators as well as our ground penetrating radar (GPR) systems to designate underground utilities. BESS has 70 trained locating/potholing technicians on staff.

CEQA
NCE is a multi-disciplinary engineering and environmental services firm with 110 employees across eight offices, including two in the Bay Area (Richmond, CA and Oakland, CA). Working with both public and private sector clients, NCE has been intimately involved in environmental planning and permitting, technical resource studies, and stormwater management for more than 25 years. Through this experience, they have developed strong working relationships with federal, state, and local agencies and organizations including the US Forest Service, US Fish and Wildlife Service, US Army Corps of Engineers, National Marine Fisheries Service, Regional Water Quality Control Boards, California Fish and Wildlife, Caltrans, California Coastal Commission, and numerous research institutions. NCE has successfully collaborated on the field work and preparation for many proposed trash capture device locations in the Bay Area, providing the potential environmental issues that might be involved with each site, and providing the regulatory requirements needed to construct the projects.

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Packet Pg. 137 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design V. Project Management and Staff Availability
Schaaf & Wheeler 8
V. Project Management and Staff Availability
Efficient project management will play a critical role in providing a quality service meeting the City’s needs. Schaaf & Wheeler’s project manager, Caitlin Tharp, PE will be the City’s primary point of contact throughout the project. She will be responsible for coordinating and providing all deliverables to the City. She will also be responsible for maintaining all communication and coordination to the project staff, which includes subconsultants. This will limit confusion and miscommunications in the client/consultant relationship.

With experience from several similar projects with multiple stakeholders and subconsultants, Schaaf & Wheeler has developed and will employ several tested tools to assist in adhering to the agreed upon schedules.
▪ Consistent Communication: Bi-weekly conference calls allow Schaaf & Wheeler team to communicate with project staff (including subconsultants) on a consistent, prescheduled basis. This allows project staff to be aware of progress made, needed input, and keeps them involved in the project and decision making. Similar to construction progress meetings, these conference calls are typically very short, providing an update to both parties. If an issue arises, it can be dealt with quickly, limiting the potential impact to schedule and budget. This includes consistent communication regarding hours spent and on-time invoicing. By coordinating frequently, unnecessary expenditures of time of overages of budget can be avoided. ▪ In-Person Meetings: While much communication and coordination can occur through digital means, there is a significant benefit of face-to-face meetings. As such, we include a kick-off meeting and site meetings in our scope. This allows for a collaborative on-site workshop environment to guide the project to the end result desired by the City.

QA/QC Plan
Schaaf & Wheeler (led by Robin Lee) will perform an internal QA/AC review of each progress submittal prior to submission to the City. They will review all documents and work with the project team to identify and correct potential issues and conflicts. This includes review of the hydraulic modeling forming the basis of the design. Robin will coordinate with the design team to assess the constructability of the project as described below:
▪ Initially, the design team, under Caitlin’s guidance, will assess and adjust the design as necessary to mitigate
potential issues.
▪ Following the design team assessment, Robin will
perform an independent constructability review of the
proposed improvements. The constructability review
will focus on identifying potential conflicts and issues with the proposed construction methods and trash device technology. Additionally, the review will focus on maintenance operations and corresponding traffic impacts.
▪ Following the review, the design team will meet to discuss and review the proposed improvements. We will backcheck all QA/QC comments to ensure they have been properly addressed.

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Packet Pg. 138 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Pacifica Esplanade Trash Capture Device Scope
Pacifica Esplanade Trash Capture Device Scope
More specifically, our approach to the Esplanade project will consist of the following tasks, which are arranged to minimize unknowns in design and late significant design changes while providing flexibility when unforeseen conditions arise.

Task 1: Project Management
Quality Control: Schaaf & Wheeler will perform quality control on all deliverables throughout the project tasks outlined herein. Quality control will be conducted by the project manager, Caitlin Tharp, as well as a separate principal engineer within the firm not familiar with the day-to-day activities of the project, to obtain an objective quality assurance analysis.

Monthly Invoicing and Contracting: This scope includes subcontracting and managing the design team. Monthly invoices will be submitted to the City in a timely manner, with billing summaries and project and schedule status.

Coordination With Subconsultants and the City: During the duration of the project, Schaaf & Wheeler will coordinate with the City and subconsultants to monitor timely progress of the project, stay on budget, and resolve issues as they arise.

Deliverables:
 Project schedule updates in MS Project
 Billings summaries for monthly billings, including tasks completed and percent complete  Three progress meetings; including meeting agenda and minutes Task 2: Field Investigations
Task 2.1 Topographic Survey and Boundary Research: A topographic survey will be conducted to determine ground surface information. Manholes will be dipped, and wet and dry utilities will be mapped based on research requests and USA markings.

Utility research will be performed, and local agencies will be coordinated with to confirm available utility information to be included in the base map. Property line research will be performed, resulting in establishment of right-of-way. Easement information will be shown on the topographic survey. Topographic survey will be performed on a known datum.

Task 2.2 Utility Locating: Both USA and private underground utility locating will be performed.

This includes potholing up to three underground utilities to determine exact location, depth and size with a summary report. This includes pothole backfilling per local standards, traffic control, and no-fee encroachment permits in the City ROW.

Task 2.3 Geotechnical Investigation: One geotechnical boring will be completed at the location of the proposed new trash device. The boring will be advanced at least 5 feet below the bottom of the proposed device to a maximum depth of 40 feet. This task includes required local drilling permits and bore hole backfilling per local standards. We assume the encroachment permit will not require us to saw cut the pavement around the boring and backfill with hot mix asphalt.

Otherwise, additional charges beyond what is presented herein would apply.

Based on location, a no-fee encroachment permit and traffic control is included in this scope.

Geotechnical design recommendations will be provided, including bedding, anchoring, and backfilling the device, as well as recommendations for temporary shoring.

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Packet Pg. 139 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Pacifica Esplanade Trash Capture Device Scope
The geotechnical investigation report will include a description of site soils and regional geology.

Private underground utility locating will be performed prior to geotechnical boring. Excess soil cuttings generated during our investigation will be collected, and disposed off-site.

Deliverables
 One site visit with City
 Topographic survey (CAD and PDF)
 Potholing Report
 Draft and Final Geotechnical Report
Task 3: Design Drawings
Task 3.1 Basis of Design Report: A site visit will be conducted to review the location for utility conflicts, drainage, dewatering and/or access for maintenance, accessibility, and constructability.

A basis of design report will be developed to support the project concept. The intent of the report will be to provide sufficient hydrologic and hydraulic data and impacts analysis to resolve City comments and prove compliance with trash capture requirements to Caltrans and the Water Board. Hydrology and hydraulics will be based off the SDMP model by Carollo and assumes the model will be provided. The model will be modified to calculate the 1-year 1-hour flow rate and determined hydraulic impacts in the 10-year event.

Hydraulics will be presented in a report, with appropriate accompanying calculations and figures. This assumes one draft report and one final report based on comments from the City.

Design for mitigation of increases in hydraulic grade is excluded from the base scope and included as an optional task. Submission of the basis of design to the Water Board for conceptual concurrence, as required by Caltrans, is included in this scope. Redesign or water board permits are not anticipated and are not included. Analysis of Caltrans drainage area, as builts, and field verification of Caltrans system is excluded from the scope and included as an optional task to be authorized as needed.

Deliverables:
 Draft and final design report
Task 3.2 60% Design: Design plans will be developed on title block provided by the City. This will include the topographic survey. A technical specification outline will be developed following City standards and previous bid packages. A construction cost estimate will be developed.

This scope includes coordination with the approved device manufacturer for device type and site-specific design. Scope excludes the design of the system for dewatering for maintenance (i.e., stop logs, slides gates, etc.), which is not anticipated based on location. This includes coordinating with utility owners for relocation, as needed.

The following construction sheets will be included:
 Title Sheet
 Notes
 Plan and profile
 Construction details

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Packet Pg. 140 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Pacifica Esplanade Trash Capture Device Scope
Task 3.3 90% Design: Design plans will be developed, including comments by the City on the 60% plans. This includes written responses to comments. The geotechnical study recommendations and potholing data will be incorporated. This includes development of 90% specifications per City standards. The cost estimate will be updated.

Task 3.4 Bid Set: Draft and Final bid set will be developed, incorporating all comments. Includes geotechnical review of the plans and specifications for conformance.

Deliverables
 60%, 90%, and bid set documents (CAD, PDF, Word, Excel)  Stamped and signed bid documents in electronic format Task 4: Bid Support
Task 4.1 Pre-Bid Meeting: Schaaf & Wheeler will attend a pre-bid meeting.

Task 4.2 RFIs and Addenda: Schaaf & Wheeler will review and respond to contractor RFIs.

Scope includes one plan addenda package.

Task 4.3 Construction Bid Review: Scope assumes the review of construction bids and recommendation to the City.

Deliverables
 Pre-bid meeting minutes
 Bid RFI written responses
 One plan addenda
Task 5: Construction Support
Task 5.1 Meetings: Scope includes three on-site visits.

Task 5.2 RFIs, Submittals, and Change Orders: Schaaf & Wheeler will respond to RFIs, review submittals, and change orders. This scope assumes two RFIs, eight submittals and one change order.

Task 5.3 Punch List Walk and Record Drawings: Schaaf & Wheeler will walk the post-project sites and produce a “punch list” of items for the Contractor to complete. Record drawing will be developed based on a compiled set of red lines from the Contractor.

Deliverables
 Three site visits
 Written responses to RFIs
 Stamped submittals
 Written responses to change orders
 Punch list
 Record drawings in AUTOCAD and PDF formats
Task 6: Optional Tasks
Task 6.1 Caltrans Drainage System Verification: This task includes reviewing as-builts, GIS and other readily available information to confirm the Caltrans drainage system and tributary area. This is only expected to be necessary if the Water Board requests it.

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Packet Pg. 141 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Pacifica Esplanade Trash Capture Device Scope
Task 6.2 Mitigation Design: This optional tasks is expected to be necessary if the results of the hydraulic model show there are significant impacts to upstream system capacity as determined by consultation with the City, which cannot be mitigated with trash device type selection. This task includes the design of hydraulic grade line mitigation, which may include: bypass piping, increased pipe sizes of adjacent infrastructure, bypass structures, removable weir structures, etc. This scope does not include electrical or structural engineering, which can be scoped should the preferred mitigation alternative require it but is not anticipated.

Assumptions and Exclusions:
 Excludes development of a SWPPP, which is assumed to be included as a front-end specification requirement for the contractor;
 Excludes post-construction water quality treatment since it is assumed not to be needed;  Excludes development of the front-end specification, which is assumed to be completed by the City except for the schedule of bid items;
 Assumes the devices and diversion structures will be pre-cast and no structural engineering consultant services are needed; and
 Excludes boundary survey. Property lines and easements will be based on research since it is assumed with this scope that both construction and maintenance will occur in the clear City right of way.

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Packet Pg. 142 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design VII. Schedule of Work
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VII. Schedule of Work

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VIII. Cost Proposal (included separately)

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IX. Method of Payment
The basis of payment for this contract will be on time and materials, invoiced to the City on a monthly basis.

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Packet Pg. 145 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design X. References
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X. References
Reference:

Young Tran, City of Palo Alto
(650) 329-2160
[email protected]
Contract Value: $253,636
Size and Scale of Geographic
Area: 189-acre drainage area
Duration: 2022 – 2023
Team Members:

Caitlin J. Tharp, PE; Robin J.

Lee, PE; Cameo Y. Tsui, EIT
Embarcadero Full Trash Capture Device
Schaaf & Wheeler was contracted with the City of Palo
Alto to design a full trash capture device (TCD) at the golf course frontage along Embarcadero Road. Schaaf &
Wheeler completed utility research and topographic survey of the proposed device location. Due to high groundwater and negative elevations of the system, water is expected to be present in the TCD at all times. As such, the project has been designed to include slide gates in the TCD to
isolate the system for maintenance. Our basis of design fulfilled requirements of the Regional Water Quality
Control Board and the Santa Clara County Hydrology and
Hydraulics manual. The device was installed in 2023.

Reference:

Elisa Wilfong, City of Hayward
(510) 881-7960
[email protected]
Contract Value: $163,018
Duration: 2021 – 2023
Size and Scale of Geographic
Area: 431-acre drainage area
Team Members:

Caitlin J. Tharp, PE; Benjamin L.

Shick, PE; Sarah Weinberg, EIT
Trash Capture Project Design, Coordination with
Caltrans, and Installation Management
The City of Hayward contracted Schaaf & Wheeler to
provide preliminary siting and design through construction support for trash capture devices off Tennyson Road in
Caltrans right of way associated with Highway 880, a
project funded by a Caltrans cooperative implementation grant. The site was suitable for underground hydraulic
structures, but required coordination with the property owners and Alameda County Flood Control District and an understanding of the hydraulics, treatment area, traffic control, etc. The project, which included two large offline CDS units with diversion structures, was successfully bid and constructed in 2023. The location includes two offline CDS units with diversion structures on dual 57-inch RCP pipes.

Reference:

Jimmy Vo, City of San Mateo
(650) 522-7319
[email protected]
Contract Value: $104,210
Duration: 2021 – 2023
Size and Scale of Geographic
Area: 333-acre drainage area
Team Members:

Caitlin J. Tharp, PE; Robin J.

Lee, PE
Poplar Golf Course Trash Capture Design
Schaaf & Wheeler provided a detailed design for a large trash capture device at the City’s maintenance yard at
Poplar Golf Course in San Mateo. The design included
plans, structural details and specifications for a GSRD device located in hardened Poplar Creek. The project
accepts drainage from both Caltrans and City right of way for a total of 333 acres. The project was submitted to
Caltrans under a cooperative implementation agreement.

Schaaf & Wheeler worked with the City’s permitting
consultant to complete environmental agency permits and CEQA compliance. The device was constructed in
summer of 2023. We are currently working with the City to improve maintenance operations for the device and will
utilize this experience to improve future designs.

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Packet Pg. 146 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Appendix: Subconsultant Resumes
Schaaf & Wheeler
Appendix: Subconsultant Resumes

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Packet Pg. 147 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Licenses + Registrations
PLS, California, 8134
Years Experience
25 PROJECT EXPERIENCE
Port of Oakland Centerpoint,
Oakland, CA
Schaaf + Wheeler
Broadway Terrace InfiltrationInflow Elimination,
Oakland, CA
Schaaf + Wheeler
One Shoreline Seawalls
Protection + Enhancement
Project, San Mateo, CA
Schaaf + Wheeler
City-Wide Trash Capture
Feasibility Study,
Mountain View, CA
City of Mountain View
Shoreline Pump Station As-Builts
Mountain View, CA
Anderson Pacific Engineering
Construction Inc.

North Bayshore Base Mapping,
Mountain View, CA
Google
Arroyo Pump Station,
Santa Mateo, CA
City of San Mateo
Leong Drive Water + Sewer
Improvements,
Mountain View, CA
City of Mountain View
El Camino Sanitary Sewer
Improvements, Santa Clara, CA
City of Santa Clara
Palo Alto Pump Stations,
Palo Alto, CA
City of Palo Alto
Bell Moon Sanitary Sewer Pump
Station, Half Moon Bay, CA
City of Half Moon Bay
South Trunk Sanitary Sewer
Relief Line, San Mateo, CA
City of San Mateo
42nd Avenue Sanitary Sewer
Pump Station, San Mateo, CA
City of San Mateo
Downtown Sewer Survey
Sunnyvale, CA
City of Sunnyvale
Ryan Amaya’s 25 years of land surveying experience includes surveying and mapping services that have supported the planning and construction of many large-scale developments in San Jose. As the leading Principal in charge of K+W’s Santa Clara survey department, he both mentors and supports a large team of Senior Surveyors, Project Surveyors, Survey Technicians, Survey Coordinators, and Drafters. He is well-known for providing surveying and mapping expertise for regional developments such as the Google Moffett Place planned development in Sunnyvale, Coleman Highline in San Jose, and the dozens of ongoing developments throughout the Bay Area including projects located within the Port of Oakland and throughout the City of Oakland.

As K+W’s contract manager, Ryan is principally responsible for all survey services provided for this project.

RYAN AMAYA, PLS
Principal Surveyor

8.a
Packet Pg. 148 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Carrie L. Foulk, PE, GE – Senior Geotechnical Engineer
Professional Background:

Ms. Carrie Foulk is a licensed Civil and Geotechnical Engineer in the State of California with over 23 years of geotechnical experience in the San Francisco Bay Area, providing geotechnical engineering consulting for public and private sector clients, including cities, counties, municipalities, and school districts. Her expertise covers many levels of project responsibility including scoping, conducting field and laboratory investigations, performing engineering analyses, preparing reports, and coordinating and providing construction services. She has been the main point of contact for BSK’s on-call contracts with the Cities of Pleasanton and Livermore, the Alameda County Public Works Agency, and the Stanislaus County Public Works Department.

Relevant Project Experience:

City of Livermore On-Call Geotechnical and Materials Testing – Ms. Foulk is the project manager of the On-Call Geotechnical Engineering and Materials Testing and Inspection Contract with the City of Livermore. The contract consists of providing materials testing and inspection, geotechnical engineering investigations, and environmental consultation.

City of Hayward, Arf Avenue Trash Capture Device, Hayward, CA – Ms. Foulk was the project manager for the geotechnical investigation for a trash capture device for the City of Hayward. The device will be approximately 40 feet by 40 feet in plan view with about 23 feet of the device extending below existing ground surface.

Recommendations consisted of providing temporary shoring, dewatering, and lateral earth pressures.

City of San Leandro, Secondary Effluent Line Replacement and Davis Street Manhole Replacement Project, San Leandro, CA – Ms. Foulk conducted a paper study and provided geotechnical recommendations for the replacement of a 36-inch SE line within the existing Water Treatment Plant in San Leandro, construction of a new access vault to the 36-inch SE Line, and replacement of two manholes within the treatment plant and two manholes within Davis Street adjacent to the treatment plant. The paper study addressed mapped geologic and seismic hazards and provided general recommendations for manholes, pipes, and excavation and backfill of trenches.

City of Millbrae, Water Pollution Control Plant Cogeneration System Replacement, Millbrae, CA – Ms. Foulk conducted a paper study and provided geotechnical recommendations for the installation of a new Cogen system at the Millbrae WPCP.

The site is underlain by fill over Bay Mud. The paper study addressed mapped geologic and seismic hazards and provided foundation recommendations for the Cogen building and the appurtenant electrical duct bank.

Dublin San Ramon Services District, Wineberry/Canterbury Waterline Replacement, Dublin, CA – Ms. Foulk served as the lead geotechnical engineer and Project Manager for BSK’s geotechnical investigation to support the replacement of approximately 12,000 linear feet of potable water pipeline in the Wineberry and Canterbury neighborhoods, installation of new service laterals, fire hydrants, and appurtenances within neighborhood streets.

City of Vallejo, Water Main Replacement FY 22-23 Project, Vallejo, CA – Ms. Foulk served as the lead geotechnical engineer and Project Manager for BSK’s geotechnical investigation to support the replacement of water mains within three different neighborhoods within the City of Vallejo as part of their annual water main replacement project. BSK’s scope included drilling five borings, conduction laboratory testing, and Qualifications
Registrations:
- Geotechnical
Engineer, California,
No. 3016, 2013
- Civil Engineer,
California, No. 62240,
2001
Education:
- MS, Civil
Engineering,
University of
California, Berkeley,
2002
- BS, Civil Engineering,
University of
Washington, 1996
Experience:
- BSK Associates,
Livermore, California
2013 to Current
- Kleinfelder,
Pleasanton, California
2011 to 2013
- Independent
Consultant,
Livermore, California
2006 to 2011
- Kleinfelder,
Pleasanton, California
1998 to 2006

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Packet Pg. 149 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Carrie L. Foulk, PE, GE – Senior Geotechnical Engineer
providing a report with geotechnical recommendations including recommendations for manholes, pipes, and insertion and receiving pits.

City of San Bruno, Avenues 2-1 & 2-2 Sewer and Water Replacement Project, San Bruno, CA – Ms. Foulk conducted an environmental investigation for the planned replacement of about 8,000 linear feet of sewer and about 6,000 linear feet of water lines. BSK’s services consisted of drilling soil borings to about 10 feet below the ground surface within residential streets to collect soil samples for analytical testing to provide recommendations for disposal of contaminated soil during construction.

City of San Bruno, Avenues 1-1 & 1-2 Sewer and Water Replacement Project, San Bruno, CA – Ms. Foulk conducted an environmental investigation for the planned replacement of about 12,400 linear feet of sewer and about 250 linear feet of water lines. BSK’s services consisted of drilling soil borings to about 10 feet below the ground surface within residential streets to collect soil samples for analytical testing to provide recommendations for disposal of contaminated soil during construction.

Central Contra Costa Sanitary District, Austin Lane Sewer Line Replacement, Alamo, CA – Ms. Foulk served as senior reviewer for the geotechnical investigation of this project. The project involved the replacement of approximately 600 lineal feet of an existing 8-inch diameter vitrified clay pipe sewer line with a 10-inch diameter HDPE piping using conventional open-cut trenching and trenchless excavation consisting of horizontal directional drilling.

Contra Costa Water District, Pumping Plants 2, 3, & 4 Improvements, Oakley and Antioch, CA – As Project Manager, Ms. Foulk conducted a geotechnical investigation for new equipment pads designed to support large excavators at three pumping plants within the Contra Costa Water District service area. The pads were constructed on sloping ground, and the design took into consideration the adjacent pumping plants and existing canal walls, as well as loose sands and expansive near surface soils.

City of Daly City, Sewer Replacement Project, Daly City, CA – Ms. Foulk conducted a geotechnical investigation for the installation of approx. ½ mile of new sewer pipe within four different City streets.

Recommendations for cut and cover and trenchless methods were provided.

City of Los Altos, Sewer System Repair Program, Project WW0100117, Los Altos California (2016) – Ms.

Foulk conducted a paper study for the replacement of approximately 2,700 lineal feet of sanitary sewer pipe within five different streets in the downtown Los Altos area. Existing sewer pipes included 6- to 10-inch diameter pipes. The paper study addressed mapped geologic and seismic hazards and provided general recommendations for manholes, pipes, and excavation and backfill of trenches. General recommendations for trenchless alternatives were also provided. No geotechnical investigation was performed for the project, saving over $20,000 in project costs.

Alameda County Flood Control and Water Conservation District, Water Channel Zone 12, Line M Improvements, Oakland, CA – Ms. Foulk conducted a geotechnical investigation for the widening of a trapezoidal-shaped, unlined channel. The widening will be achieved using cantilever walls. Challenges for the project included liquefiable layers throughout the subsurface, as well as nearby existing buildings that increased the axial and lateral design loads on the proposed wall. The project will include construction of a prefabricated bridge adjacent to existing UPRR tracks. BSK is the prime design consultant on this project.

BSK’s team worked closely with the District, UPRR, and the adjacent property owners while also addressing the difficult subsurface conditions.

City of Patterson, Water Quality Control Facility/2018 North Activated Sludge Treatment System Upgrade, Patterson, CA – Ms. Foulk served as the lead geotechnical engineer and Project Manager for the geotechnical investigation for the upgrade at the City’s Water Quality Control Facility. The project included the construction of a concrete Anoxic treatment tank approximately 40 x 40 wide and 16 feet tall, as well as an attached pump station and bypass box.

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Packet Pg. 150 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Education
Indiana
State
University
Construction
Management
2019 - Current
Mission
Community
College
AA/Science &
Math
Skills
Utility Locating
Potholing
CCTV
Surveying
Traffic Control Planning
With 14 years of hands-on experience here at Bess Testlab, Inc., Michael Bohorquez, has utilized his attained skills and experience off and on the field for a handful of both public and private projects. As a Project Manager, he has proven his skills in a variety of services Bess Testlab, Inc. has to offer; Potholing & Utility Locating services, Excavation, Traffic Control and Traffic Control Plan Design, CCTV Sewer & Storm Camera Inspection. He is a diligent in his work and ensures that projects are scheduled, maintained and executed from start to finish.

He is unyielding in the entirety of the project making sure that all budgets, deadlines, client requirements and safety standards are met.
.

Professional Experience
2009– Present Bess Testlab, Inc.

Project Manager
Michael Bohorquez is responsible for the technical project execution, including overseeing crews, equipment, project progress, safety and quality control. Supervisor of field crews and experienced in Utility Locating, Hydro & Air Vac excavation, CCTV Sewer Camera inspection, Traffic control, Utility Mapping & Surveying.

Related Experience
Tutor Perini-Zachry-Parsons (California High Speed Rail CP1 Project) Performed SUE engineering services: Utility Locating, Potholing and Survey and mapping of existing underground utilities prior to design. Supervised and managed crews making sure all data collected is accurate and meets project schedule, budget and deadlines.

Role – Project Manager
PG&E Gas Transmission and Distribution, California
Locating Master Service Agreements –Provided underground locating services throughout PG&E territory of Northern and Central California. Crews performed utility investigation services using industry acceptable methods (i.e., electronic pipe and cable locating equipment, Ground Penetrating Radar (GPR), Pipeline Current Mapper (PCM), etc.) to determine the approximate horizontal position and count of existing utilities within the scope of work for design and construction purposes.

Role-Project Manager
ARB Inc. – Northern California
Perform utility investigation services using industry acceptable methods (i.e., electronic pipe and cable locating equipment, Ground Penetrating Radar (GPR), Hydro Vac and Air Vac to determine the approximate horizontal position and count of existing utilities within the areas designated by ARB. We have been performing locating services for ARB since 2012 and Hydro Vac services since 2020 throughout Northern and Central California Role – Project Manager
Hayward (Corporate) | Fresno | Los Angeles |Sacramento| T. (408) 988-0101 | F. (408) 988-0103 www.besstestlab.com Michael Bohorquez
Project Manager - 2463 Tripaldi Way, CA 94545

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Packet Pg. 151 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Education
BS, Biology/Environmental
Science, University of
Dubuque, 1995
Affiliations
Association of
Environmental
Professionals
Society for Ecological
Restoration
Society of Wetland
Scientists
The Wildlife Society
Joined NCE
2022
Total Years of Experience
29 years
Cord Hute
Senior Scientist/Project Manager
Cord Hute has 29 years of experience in environmental permitting, planning, biological surveys, biological monitoring, and project management. His expertise includes environmental planning and project permitting; aquatic and terrestrial ecological surveys; endangered species surveys; Environmental Impact Reports (EIRs) and Environmental Impact Statements (EISs) under CEQA and NEPA; Biological Assessments and Environmental Assessments (EAs); environmental oversight/monitoring of construction projects; state and federal Endangered Species Act (ESA) consultations; wetland delineation and permitting; and wetland mitigation. He has provided services to both the private and public sectors— including telecommunications, utilities, oil and gas, public transportation projects, and residential and commercial development.

Representative Projects
Bayview Avenue Large Trash Capture Installation Project City of Richmond, CA
Project Manager/Senior Scientist. NCE led the environmental planning and permitting for the installation of a state approved full trash capture system at the end of a triple box culvert within Baxter Creek at the northwest corner of Carlson Boulevard and Bayview Avenue to treat a local watershed. Creek flow from the two westerly culverts will be separated from the easterly culvert. The two westerly culverts, which will be carrying the stormwater flow, will be directed toward the trash capture unit for treatment. Once the trash capture structure is installed, each screen would capture solids as water passes through. The system will trap particles 4.6 mm and greater and trash debris in channel flows in the watershed, complying with state trash discharge prohibitions and water quality objectives. NCE supported the project by completing environmental technical studies to inform project design, California Environmental Quality Act (CEQA) compliance, and Project permitting. NCE’s work included completing a Biological Resource Assessment (BRA), Cultural Resource Assessment, and Aquatic Resources Delineation. Our team conducted background research and database searches, developed comprehensive base maps, performed field investigations, developed models, and prepared technical studies for each of the resource areas. NCE completed Clean Water Act (CWA) Section 404/401 and California Department of Fish and Wildlife (CDFW) Lake and Streambed Alteration permits for the Project and successfully secured the permits. NCE prepared the CEQA environmental document for the project.

Piper Lane Drainage Channel Trash Capture Device Project City of Oakley, CA
Project Manager/Senior Scientist. NCE is providing environmental technical studies and permitting for the Piper Lane Drainage Channel Full Trash Capture Device project. With the adoption of the Trash Amendments by the State Water Resources Control Board in April 2015, the implementation of stormwater trash control programs has become a high priority compliance issue for owners/operators of Municipal Separate Storm Sewer Systems throughout the State of California. Trash control programs are designed to demonstrate reduction in trash and litter discharged from storm sewer systems and to protect the water quality and beneficial uses of local receiving water bodies (e.g., creeks, rivers, lakes and the Pacific Ocean) from the impacts of trash. The project site is located in a highly urbanized and modified area in the City. The City intends to install a trash capture system at the end of two corrugated metal pipe culverts at the northwest corner of Piper Lane and Vintage Parkway to treat a local watershed. NCE supported the project by completing environmental technical studies to inform project design, California Environmental Quality Act (CEQA) compliance, and Project permitting. NCE’s work included completing a Biological Resource Assessment (BRA),

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Packet Pg. 152 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Cord Hute
2 | P a g e
Cultural Resource Assessment, and Aquatic Resources Delineation. Our team conducted background research and database searches, developed comprehensive base maps, performed field investigations, developed models, and prepared technical studies for each of the resource areas. NCE completed Clean Water Act (CWA) Section 404/401 and California Department of Fish and Wildlife (CDFW) Lake and Streambed Alteration permits for the Project and successfully secured the permits. NCE prepared the CEQA environmental document for the project.

Terminal 4 Wharf and Pier Removal Project
City of Richmond, CA
Senior Scientist/Project Manager. The deteriorating warehouse, piles, decking, and debris at Terminal 4 currently pose a marine debris problem, navigation hazard, and continued degradation and impairment of water and habitat quality in and around Terminal 4, located just south of the tip of Point San Pablo in Richmond. The project will remove the remains of the wharf, warehouse, and associated pilings and structures. NCE conducted pre-construction biological surveys and is currently supporting the City with biological monitoring and turbidity monitoring during active demolition. The site has marine mammals, eelgrass, and nesting ospreys, and NCE’s qualified biologist and biological monitors are on site daily to ensure the City maintains compliance with project permits. Cord is the project manager on the project and is coordinating environmental monitoring activities, coordinating with the City, the City’s Construction Manager, the project contractor, and regulatory agencies to ensure that all environmental regulatory permit conditions are complied with during project implementation. Cord performed pre-construction bat surveys, nesting bird surveys, and rare plant surveys and prepared the respective biological survey reports.

Kennefick Road Flood Control Project
San Joaquin County, CA
Senior Scientist. This section of Kennefick Road in rural San Joaquin County was heavily damaged by flooding in 2017.

NCE completed planning, design, and environmental compliance for the Project with funding provided by the Federal Emergency Management Agency (FEMA). Design included a permanent road and culvert repair with an updated hydrological design to prevent any future road damage from flooding. The culvert repair consists of three reinforced concrete box culverts installed at the reconstructed roadway, consisting of six modular sections, a cutoff wall, headwalls at both ends, and four wingwalls. The culverts will be placed at streambed depth of the water course with minimal impact to the water surface elevation level at the design storm event. In support of environmental compliance, NCE conducted biological and archeological field studies, developed technical studies, and coordinated communication with regulatory agencies including the US Army Corps of Engineers, California Department of Fish and Wildlife, and the Central Valley Regional Water Quality Control Board. Permit applications were prepared and submitted for Section 404 of the Clean Water Act, 401 Water Quality Certification, and Section 1600 Streambed Alternation Agreement.

Iron Horse Nature Park and Open Space
City of Dublin, CA
Environmental Scope Project Manager. NCE is providing civil engineering services to prepare PS&E for the construction of a trail and recreational amenities. The first phase of the design process will include Preliminary Coordination, Schematic Design, Environmental Studies and Documentation. Environmental testing of the railroad embankment has found that the Project contains arsenic contaminates as a result of former railroad activities. The Project will remove approximately one to three feet of the existing soil and base rock making up the former railroad alignment containing arsenic contaminates along the embankment and dispose of the soils off site at an appropriate disposal facility. For the new AC trail alignment, after the arsenic contaminated soil is removed, approximately one additional foot of existing clayey subgrade soil will be removed and replaced with geogrid fabric and approximately one foot of crush rock material. This will provide a stable subbase for the new AC trail. The gathering spaces and/or seating area concrete pads will also require approximately one foot of over-excavation, installation of geogrid fabric, and stabilization crush rock material. The shade structures are anticipated to have approximately 30-inch diameter concrete foundation piers excavated up to eight feet deep. NCE supported the project by completing environmental technical studies to inform project design, California Environmental Quality Act (CEQA) compliance, and Project permitting. NCE’s work included completing a Biological Resource Assessment (BRA), Cultural Resource Assessment, and Aquatic Resources Delineation.

8.a
Packet Pg. 153 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design

EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:

1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.

2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.

3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.

Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.

8.a
Packet Pg. 154 Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution - Approval of Full Trash Capture Design Principal Project
Manager
Senior Project
Manager
Assistant
Engineer
CAD Technician
$295 $270 $200 $160
Task 1 Project Management and Coordination 38 6 6 0 $14,030 $0 $0 $0 $0 $0 $14,030 24 $7,080 $0 $7,08014 6 6 $6,950 $0 $6,950
Task 2 Site Investigation 6 2 6 0 $3,510 $11,700 $28,400 $0 $18,000 $5,810 $67,420 2 2 $940 $0 $940
2 $590 $10,200 $1,020 $11,8102 4 $1,390 $1,500 $18,000 $1,950 $22,8402 $590 $28,400 $2,840 $31,830 Task 3 Plans, Specifications, and Estimates 6 24 136 52 $43,770 $0 $3,600 $0 $0 $360 $47,730 2 8 40 $10,750 $0 $10,7502 8 40 32 $15,870 $0 $15,8701 4 32 12 $9,695 $0 $9,6951 4 24 8 $7,455 $3,600 $360 $11,415 Task 4 Bid Support 2 4 10 0 $3,670 $0 $0 $0 $0 $0 $3,670 2 2 $940 $0 $940
2 2 8 $2,730 $0 $2,730
Task 5 Engineering Services During Construction 2 12 36 4 $11,670 $0 $2,000 $0 $0 $200 $13,870 1 2 8 $2,435 $2,000 $200 $4,635
4 16 $4,280 $0 $4,280
1 2 8 4 $3,075 $0 $3,075
4 4 $1,880 $0 $1,880
TOTAL 54 48 194 56 $76,650 $11,700 $34,000 $0 $18,000 $6,370 $146,720 Task 6 Optional Tasks 6 12 52 40 $21,810 $0 $0 $0 $0 $0 $21,810 2 12 $2,990 $0 $2,9904 12 40 40 $18,820 $0 $18,820
Total with Optional Tasks 60 60 246 96 $98,460 $11,700 $34,000 $0 $18,000 $6,370 $168,530

NCE - CEQA

5.1 Respond to RFIs3.1 Basis of Design and Modeling
Hourly Rates
10% Markup
Total

1.1 Billings and Monthly Updates1.2 Meetings (kick-off, monthly, submittal milestones) Cost Proposal
Schaaf & Wheeler
Total
Kier + Wright:

Survey and Utility
Investigation
Geotechnical
Investigation
Potholing

3.3 90% PS&E3.4 Draft and Final Bid Documents4.1 Pre-bid Meeting6.1 Caltrans System Verification6.2 Mitigation Design2.1 Site Visits2.1 Topographic Survey2.3 Geotechnical Investigation3.2 60% PS&E2.2 Utility Locating and Potholing5.2 Review Contractor Submittals5.3 Prepare Design Change Documents5.4 Provide Field Inspection4.2 Response to Questions

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Packet Pg. 155
Attachment: Attachment 1-Schaaf & Wheeler Consultant Services Agreement (5716 : Resolution -

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/12/2024
1 SUBJECT:

Adopt a Resolution approving the Third Amendment to the Construction Services Agreement between the City of Pacifica and Chesterworks.

RECOMMENDED ACTION:

Move to adopt a Resolution to approve the Third Amendment to the Construction Services Agreement between the City of Pacifica and Chesterworks for construction management services for the Civic Center Project in the amount of $10,000 increasing the overall cost to $185,960.

STAFF CONTACT:

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

During the 2023/24 Mid-Year Budget Adjustment report, Council approved additional funding for the Civic Center project for the furniture, alarm system, window coverings, project contingency, IT needs and construction management. The mid-year budget added an additional $40,000 to the Chesterworks Civic Center construction management contract through mid-June to address the continuing construction of the Civic Center.

Chesterworks was hired by the city to provide construction management oversite on the Civic Center project. Chesterworks has extensive experience in oversite of public building construction and has been on the project since the start of the job. The Civic Center contractor’s late ordering for the switchgear pushed out the project schedule into August of 2024. Additional assistance from Chesterworks was needed to assess/manage final punchlist work, the alarm system installation, window coverings and Cort furniture installation. To address these needs a third amendment is needed to the Chesterworks agreement for an additional $10,000 for a total contract cost since spring of 2022 of $185,960 for construction management services. As the final completion of the Civic Center campus is anticipated shortly, no future additional funding will be required for the Chesterworks agreement.

The City Manager recommends that the Council approve a Resolution to approve the Third Amendment to the Construction Services Agreement between the City of Pacifica and Chesterworks for construction management services for the Civic Center Project in the amount of $10,000 increasing the overall cost to $185,960.

ALTERNATIVE ACTION:

Deny the proposed amendment to the Chesterworks agreement. This is not recommended as the work is required for final completion of the Civic Center campus. 9 Packet Pg. 156
Pacifica City Council 2
August 12, 2024
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• Improve and Steward City Infrastructure, Streets and Facilities: Includes continuing projects that fix and improve the city infrastructure.

FISCAL IMPACT:

Funding needed for the Amendment was included previously in the FY 2023-24 Mid-Year Budget Adjustment approved by the City Council at the March 25, 2024 Council meeting.

Consequently, there is no fiscal impact to this action and no additional funding needed.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment "1"-Agreement Chesterwerk Project Management Services (PDF) Attachment "2"- Agreement Amendment 1 Chesterwerks (PDF) Attachment "3"- Agreement Amendment 2 Chesterwerks (PDF) Attachment "4" -Agreement Amendment 3 Chesterwerks (PDF) 9 Packet Pg. 157
Pacifica City Council 3
August 12, 2024
RESOLUTION NO. ___

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

THIRD AMENDMENT TO THE CONSTRUCTION SERVICES AGREEMENT BETWEEN THE

CITY AND CHESTERWORKS FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CIVIC CENTER PROJECT IN THE AMOUNT OF $10,000 INCREASING THE OVERALL COST TO $185,960
______________________________________________________
WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City of Pacifica entered into agreement with Chesterworks for construction management services; and
WHEREAS, on August, 2024; the City Council of the City of Pacifica considered the City Manager’s recommendation to approve a third amendment with Chesterworks for construction management services for the Civic Center Project;
NOW THEREFORE BE IT RESOLVED that the Council approves the Third Amendment to the Construction Services Agreement between the City of Pacifica and Chesterworks to the contract for construction management services for the Civic Center Project in the amount of $10,000 increasing the overall cost to $185,960. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of August, 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 9 Packet Pg. 158
ATTACHMENT "1" 9.a
Packet Pg. 159 Attachment: Attachment "1"-Agreement Chesterwerk Project Management Services [Revision 1] (5718 : Resolution - Approving Third

9.a
Packet Pg. 160 Attachment: Attachment "1"-Agreement Chesterwerk Project Management Services [Revision 1] (5718 : Resolution - Approving Third Construction Services Agreement 00 5205 - 3
OAK #4836-0105-9886 v2
05620-0129
4/1/20
Appendix A to Construction Services Agreement

SCOPE OF WORK

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

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Packet Pg. 161 Attachment: Attachment "1"-Agreement Chesterwerk Project Management Services [Revision 1] (5718 : Resolution - Approving Third Construction Services Agreement 00 5205 - 4
OAK #4836-0105-9886 v2
05620-0129
4/1/20
Appendix B to Construction Services Agreement

GENERAL CONDITIONS
ARTICLE 1 TERMS OF PERFORMANCE

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

1.02 Construction Performance Bond; Construction Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 2 LEGAL

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

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

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

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

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

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

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

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

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

ARTICLE 3 MISCELLANEOUS

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

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

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

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

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

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

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

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

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

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

INSURANCE

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

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

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

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

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

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

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

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

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

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

5.03 above.

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

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

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Appendix D to Construction Services Agreement (NOT APPLICABLE)

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

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

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

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

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

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

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

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

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

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

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

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

END OF DOCUMENT

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Appendix E to Construction Services Agreement (NOT APPLICABLE)

CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Appendix F to Construction Services Agreement

SUPPLEMENTAL CONDITIONS

1. Plans
No project plans for this project.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16. Water Pollution
General:

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

Correction of Inadequate Pollution and Erosion Control Measures:

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

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

Abatement of Other Water Pollution:

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

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

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

Compensation:

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

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

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

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

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

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

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

B. Disposal

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

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

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

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

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

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

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

Concrete, Grout and Mortar Waste Management
Material Management:

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

Concrete Truck/Equipment Wash Out:

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

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

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

19. Substitutions

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

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

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

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

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

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

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

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

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