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 October 14, 2024
SPECIAL and REGULAR MEETING
October 14, 2024 (MONDAY)
www.cityofpacifica.org
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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:
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• Live Remote Public Comments (offered on a pilot basis):
• Join Zoom Webinar: https://pacifica-gov.zoom.us/j/81156158241 • OR Dial-in: 1-669-900-6833 | Webinar ID: 811 5615 8241 o Press * 9 to raise your hand to request to speak.
o Press * 6 to unmute when called upon to speak by the last 4-digits of your phone #. • When the Mayor announces the Agenda Item on which you would like to comment, raise your hand in Zoom. You will be called upon my screenname or last 4-digits of phone number if dialing in. Please mute any background sound and state your full name at the start of your comment.
Please note that Alternative platforms for participation are subject to underlying technology functionality and may be modified or interrupted at any time without notice. • Written Public Comments:
BEFORE THE MEETING: Written public comments may be submitted in advance by 12:00 p.m. on the meeting date by email to: [email protected]. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public Comment on Item Not on Agenda” in the Subject Line
• Include the submitter’s full name
Written public comments received by 12:00 p.m. on the meeting date will be provided in their entirety to the City Council and posted to the City’s website prior to the meeting but will not be read verbally at the meeting.
AT THE MEETING: Materials in writing provided at the meeting should provide seven (7) copies to provide for each Councilmember, City Clerk and City staff.
City Council Regular Meeting 2 October 14, 2024
6:00 PM - 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.
California Court of Appeal Case No. A17074.
7:00 PM OPEN SESSION
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.
Salute to the Flag led by Mayor pro Tem Beckmeyer
Closed Session Report
SPECIAL PRESENTATIONS
A. Special Presentation - CoastPride Services & Programs B. Proclamation - Domestic Violence Awareness Month - October 2024
CONSENT CALENDAR
Persons wishing to address the Council on any Consent Calendar item may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any item listed on the agenda should submit a speaker card to the City Clerk.
Public meetings are a limited public forum, meaning that there are rules for commenting at these meetings. Comments on consent agenda items must relate to that specific item.
If comments do not relate to a specific agenda item, then City will provide you with an initial warning to stay on topic. If the warning is not followed, the Mayor will direct the City Clerk to cut off the microphone.
Items on the consent calendar will be adopted by one motion unless a Councilmember requests, before the vote on the motion, to have an item discussed. Time limit on comments is three minutes or less.
City Council Regular Meeting 3 October 14, 2024
1. Approval of Disbursements for 09/01/24 through 09/30/24.
PROPOSED ACTION: Receive and file the Monthly Check Register Report for the month of September 2024.
2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the August 26, 2024 City Council Regular Meeting.
3. Continuation of Proclamation of Local Emergency of the Pacifica Coastline from Westline Drive to the End of Beach Boulevard.
PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.
4. Continuation of Proclamation of Local Emergency at the Anza Pump Station.
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. Quarterly Treasurer’s Reports for the quarter ending June 30, 2024 PROPOSED ACTION: Review and accept the Quarterly Treasurer’s Reports for the quarter ending June 30, 2024.
6. Adopt a Resolution to Authorize Continued Funding Applications for FY 2024-25 with State of California Dept of Education and California Dept of Social Services for Child Care and Development Services
PROPOSED ACTION: Adopt a Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving Agreement to This Transaction with the California Department of Education and the California Department of Social Services for the Purpose of Providing Child Care and Development Services and to authorize the Designated Personnel to Sign Contract Documents for Fiscal Years 2024-25.”
7. Adopt a Resolution to Authorize Continued Funding Applications for FY 2024-25 with San Mateo County Office of Education for Child Care programs PROPOSED ACTION: Adopt the Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving Agreement to This Transaction with the San Mateo County Superintendent of Schools for the Purpose of Providing Child Care and Development Services and to Authorize the Designated Personnel to Sign Contract Documents for Fiscal Year 2024/25” and authorize staff to pursue future one-time only funds, State funds, QRIS Quality Rating and Improvement Grants, and any amendments, or County support if they become available during fiscal year 2024-2025.
8. Adopt Resolution Authorizing Application and Administration of the CalRecycle Beverage Container Recycling Grant Program Grant
PROPOSED ACTION: Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Authorizing a submittal of an Individual Grant application for the Beverage Container Recycling Grant Program” City Council Regular Meeting 4 October 14, 2024
9. Approval of Construction Services Agreement for Traffic Signal and Street Light Services between the City of Pacifica and St. Francis Electric, LLC.
PROPOSED ACTION: Adopt a Resolution Authorizing a Construction Services Agreement for Traffic Signal and Street Light Services between the City of Pacifica and St. Francis Electric, LLC in the amount of $52,355.00 annually ($209,420.00 for four (4) years) from Gas Tax Maintenance Fund, Fund 10; Establish a budget authority of $57,590.50, which includes a 10% contingency; and Authorize the City Manager to execute all necessary documents.
10. Resolution Approving Task Order No. 2 with Woodard & Curran for Rockaway Pump Station Hydraulic Modeling Project
PROPOSED ACTION: Adopt a Resolution that:
A. Authorizes the City Manager to execute Task Order No. 2 with Woodard & Curran, Inc. for an amount of $38,530 for providing engineering services for the Rockaway Pump Station Hydraulic Modeling Project; and
B. Authorizes a 15% contingency in the amount of $5,780 and approves a total of $44,310 for this project; and
C. Authorizes the City Manager to execute all documents related to the project and future task orders not to exceed the project budget amount.
11. 2024 July 4th Activities Report
PROPOSED ACTION: Accept the staff report on the July 4th 2024 activities.
12. Consideration of a Resolution: 1) Denying Appeals of Baylands Soil Pacifica LLC and Dan Stegink, of the Planning Commission’s Effective Denial of Various Actions to Approve the Rockaway Quarry Reclamation Plan; and 2) Denying the Rezoning RZ-210- 22, Development Plan DP-86-22, Specific Plan SP-179-22, Quarry Use Permit UP-71- 16, Variance PV-531-22, and Tree Permit TP-1-22 (File No. 2016-001) (APN 018-150- 120 and 018-150-150) CEQA: Exempt under CEQA Guidelines Section 15270 (Denial of a project)
PROPOSED ACTION: Adopt a Resolution: 1) Denying the Appeals by Baylands Soil Pacifica LLC and Dan Stegink, of the Planning Commission’s Effective Denial of Various Actions to Approve the Rockaway Quarry Reclamation Plan; and 2) Denying Rezoning RZ-210-22, Development Plan DP-86-22, Specific Plan SP‐179‐22, Quarry Use Permit UP‐71‐16, Variance PV‐531‐22, and Tree Permit TP‐1‐22 (File No. 2016‐001)
13. FY 2024-25 Budget Amendment to increase the legal budget by allocating additional funds from the unassigned General Fund
PROPOSED ACTION: Approve the FY 2024-25 Budget Amendment, allocating additional funds of $150,000 and appropriating an existing assigned legal reserve of $100,000 to cover legal expenses related to the potential appeal of the denial of the Rockaway Quarry Reclamation Plan project.
PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
This portion of the Agenda is available for the public to address the City Council on any issue that is not on the Agenda. Any person wishing to address the Council shall be City Council Regular Meeting 5 October 14, 2024
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 - NONE.
CONSIDERATION
14. Pacifica Police Department Militarized Equipment Ordinance and Policy, and 2023 Annual Military Equipment Use Report.
PROPOSED ACTION: Move to 1) Waive the First Reading of and Introduce by Title an Ordinance of the City Council of the City of Pacifica Repealing and Replacing Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code Renewing the Military Equipment Policy; and 2) Approve the Pacifica Police Department 2023 Annual Military Equipment Use Report.
15. Appointments to the Economic Development Committee, Emergency Preparedness and Safety Commission, Library Advisory Committee, and Open Space and Parkland Advisory Committee
PROPOSED ACTION: Move to appoint
a) three (3) applicants to the Economic Development Committee each for a full 4-year term to expire October 2028;
b) two (2) applicants to the Emergency Preparedness and Safety Commission each for a full 4-year term to expire October 2028;
c) up to two (2) applicants to at-large positions on the Library Advisory Committee, specifying the term for each; and
d) one (1) applicant to the Open Space and Parkland Advisory Committee for a partial term to expire May 2028.
ADJOURN
NOTICE: If you challenge a city's zoning, planning or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public City Council Regular Meeting 6 October 14, 2024
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
10/14/2024
1 SUBJECT:
Approval of Disbursements for 09/01/24 through 09/30/24.
RECOMMENDED ACTION:
Receive and file the Monthly Check Register Report for the month of September 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 9/1/24 through 9/30/24 are in the amount of $5,874,338.84. (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 - 09-01 to 09-30-24 GEMS (PDF)
Disbursements -FY 24-25 - 09-01 to 09-30-24 TYLER (PDF) 1 Packet Pg. 7
Report: RECONCILE Generated: 12DEC22 14:37 Run: TUESDAY OCT0124 22:20 Page: 1
CITY OF PACIFICA
FOR: 09/01/24 - 09/30/24 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 70553 1174.56 09/13/24 OUTSTANDING SYSTEM 04029 ALAMEDA COUNTY FIRE DEPARTMENT 1 70554 259.38 09/13/24 OUTSTANDING SYSTEM 00009 AT&T MOBILITY 1 70555 4415.84 09/13/24 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP 1 70556 282.52 09/13/24 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 70557 33958.07 09/13/24 OUTSTANDING SYSTEM 00025 DALY CITY/CITY OF 1 70558 1042.83 09/13/24 OUTSTANDING SYSTEM 00745 ENVIRONMENTAL EXPRESS, INC. 1 70559 1886.25 09/13/24 OUTSTANDING SYSTEM 03006 FEHR PEERS 1 70560 7320.00 09/13/24 OUTSTANDING SYSTEM 05269 GOOD CITY COMPANY 1 70561 695.00 09/13/24 OUTSTANDING SYSTEM 00927 HDL COREN & CONE 1 70562 3166.64 09/13/24 OUTSTANDING SYSTEM 00936 HEART OF SAN MATEO COUNTY 1 70563 5399.39 09/13/24 OUTSTANDING SYSTEM 04859 HOME DEPOT CREDIT SERVICES 1 70564 10630.76 09/13/24 OUTSTANDING SYSTEM 01183 MUNICIPAL MAINTENANCE EQUIPMENT, INC. 1 70565 12311.53 09/13/24 OUTSTANDING SYSTEM 01206 NORTH COAST COUNTY WATER DIST. 1 70566 4602.28 09/13/24 OUTSTANDING SYSTEM 04418 PACIFIC OFFICE AUTOMATION 1 70567 21.96 09/13/24 OUTSTANDING SYSTEM 01336 QUILL CORPORATION 1 70568 1935.52 09/13/24 OUTSTANDING SYSTEM 01461 SERRAMONTE FORD INC. 1 70569 51.00 09/13/24 OUTSTANDING SYSTEM 02017 STATE LANDS COMMISSION 1 70570 109.54 09/13/24 OUTSTANDING SYSTEM 00001 SUNNY MAHER 1 70571 665.08 09/13/24 OUTSTANDING SYSTEM 01667 USA BLUE BOOK BANK: 1 TOTAL # OF CHECKS: 19 FOR A TOTAL AMOUNT OF: $89928.15 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:\GemsE... 10/1/2024
1.a
Packet Pg. 8
Attachment: Disbursements -FY 23-24 - 09-01 to 09-30-24 GEMS (5772 : Disbursements - Dated 9/1/24 through 9/30/24) City of Pacifica
AP CHECK RECONCILIATION REGISTER
Report generated: 10/01/2024 22:15
User: 5234vsahay
Program ID: apchkrcn
FOR CASH ACCOUNT: 101 10001 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 426 09/06/2024 PRINTED 001005 A & H DOOR AND ACCESS CON 3,250.00 427 09/06/2024 PRINTED 000039 AVINA, ANGEL 200.00
428 09/06/2024 PRINTED 000046 ABBY M. MARGOLIS 424.00
429 09/06/2024 PRINTED 000990 AED BRANDS LLC 4,675.33
430 09/06/2024 PRINTED 000074 AMAZON.COM SALES, INC. 2,312.22 431 09/06/2024 PRINTED 000091 ARROWHEAD FORENSICS 266.52 432 09/06/2024 PRINTED 000096 AT&T LONG DISTANCE 48.40
433 09/06/2024 PRINTED 000096 AT&T 5,676.34
434 09/06/2024 PRINTED 000981 BAY AREA JUMP 2,369.08
435 09/06/2024 PRINTED 000998 BETTS TRUCK PARTS & SERVI 2,838.04 436 09/06/2024 PRINTED 000906 BRISA RANCH LLC 233.00
437 09/06/2024 PRINTED 000166 BURKE WILLIAMS AND SORENS 2,834.00 438 09/06/2024 PRINTED 000179 CALIFORNIA TEACHER COMMIS 100.00 439 09/06/2024 PRINTED 000178 NAF SERVICES, INC. 1,166.61 440 09/06/2024 PRINTED 000007 CCAG - CITY OF SAN CARLOS 125,305.00 441 09/06/2024 PRINTED 000203 CINTAS CORPORATION #464 2,739.98 442 09/06/2024 PRINTED 000208 CIVICPLUS, LLC 900.00
443 09/06/2024 PRINTED 000217 COAST COUNTIES PETERBILT 2,363.43 444 09/06/2024 PRINTED 000224 COMCAST 565.15
445 09/06/2024 PRINTED 000224 COMCAST 189.35
446 09/06/2024 PRINTED 001012 CORE & MAIN LP 499.25
447 09/06/2024 PRINTED 000931 CORODATA RECORDS MANAGEME 997.37 448 09/06/2024 PRINTED 000321 ENVIRONMENTAL EXPRESS, IN 1,430.28 449 09/06/2024 PRINTED 000335 FASTRAK VIOLATION PROCESS 22.75 450 09/06/2024 PRINTED 000335 FASTRAK INVOICE PROCESSIN 55.75 451 09/06/2024 PRINTED 000377 GRAINGER 4,227.24
452 09/06/2024 PRINTED 000378 GRANICUS, INC. 819.00
453 09/06/2024 PRINTED 000380 GRANITE ROCK COMPANY #265 3,474.48 454 09/06/2024 PRINTED 000390 HACH COMPANY 1,048.11
455 09/06/2024 PRINTED 000399 HERC RENTALS INC. 398.52
456 09/06/2024 PRINTED 000430 IPS GROUP INC. 1,049.39
457 09/06/2024 PRINTED 000432 ISIDRO, ALLEN 484.00
458 09/06/2024 PRINTED 001003 KAISER PERMANENTE--OHSS 527.00 459 09/06/2024 PRINTED 000457 KBA DOCUSYS 197.76
460 09/06/2024 PRINTED 000462 KIMBALL MIDWEST 2,702.39
461 09/06/2024 PRINTED 000474 LAKESHORE LEARNING MATERI 1,833.88 462 09/06/2024 PRINTED 000999 LUBE SQUAD OF SFO, LLC 1,252.57 463 09/06/2024 PRINTED 000916 MCCAMPBELL ANALYTICAL, IN 1,800.00 464 09/06/2024 PRINTED 000519 MC MASTER-CARR SUPPLY COM 3,632.73 465 09/06/2024 PRINTED 000520 MCMILLAN ELECTRIC 1,888.00 466 09/06/2024 PRINTED 999998 Amy Hanley 2,000.00
467 09/06/2024 PRINTED 999998 Brad Rangell 2,000.00
468 09/06/2024 PRINTED 999998 Jenna Lillibridge 2,000.00 469 09/06/2024 PRINTED 000636 PEERY & ASSOCIATES INCORP 550.00 470 09/06/2024 PRINTED 000642 PET FOOD EXPRESS 355.16
471 09/06/2024 PRINTED 000644 PETERSON 1,494.91
472 09/06/2024 PRINTED 000645 PETERSON TRUCKS,INC. 1,494.91 473 09/06/2024 PRINTED 000647 PACIFIC GAS & ELECTRIC CO 283,722.03 474 09/06/2024 PRINTED 000649 PITTSINGER, R JANE 164.00 475 09/06/2024 PRINTED 000679 QUILL CORPORATION 76.41
476 09/06/2024 PRINTED 000021 SAN MATEO COUNTY PUBLIC S 2,005.75 477 09/06/2024 PRINTED 000021 SAN MATEO COUNTY CONTROLL 7,934.00
1.b
Packet Pg. 9
Attachment: Disbursements -FY 24-25 - 09-01 to 09-30-24 TYLER (5772 : Disbursements - Dated 9/1/24 City of Pacifica
AP CHECK RECONCILIATION REGISTER
Report generated: 10/01/2024 22:15
User: 5234vsahay
Program ID: apchkrcn
FOR CASH ACCOUNT: 101 10001 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 478 09/06/2024 PRINTED 000021 SAN MATEO COUNTY ENVIRONM 1,713.00 479 09/06/2024 PRINTED 001004 SLOAN SAKAI YEUNG & WONG 3,879.00 480 09/06/2024 PRINTED 000993 SOUTHWEST STRATEGIES LLC 7,367.50 481 09/06/2024 PRINTED 000764 STEPFORD INC. 3,420.00
482 09/06/2024 PRINTED 000805 T-MOBILE CORPORATION 1,074.70 483 09/06/2024 PRINTED 000791 TERMINIX PROCESSING CENTE 282.00 484 09/06/2024 PRINTED 000807 TOM'S AUTO BODY & PAINT 335.00 485 09/06/2024 PRINTED 000995 TOWN OF WOODSIDE 390.00
486 09/06/2024 PRINTED 000827 TYLER TECHNOLOGIES 16,280.00 487 09/06/2024 PRINTED 000828 U.S. BANK 3,300.00
488 09/06/2024 PRINTED 000828 U.S. BANK EQUIPMENT FINAN 2,174.41 489 09/06/2024 PRINTED 000829 UNIVERSAL BUILDING SERVIC 30.00 490 09/06/2024 PRINTED 000830 ULINE SHIPPING SUPPLY SPE 21.00 491 09/06/2024 PRINTED 000837 UNIVAR SOLUTIONS USA INC 2,351.33 492 09/06/2024 PRINTED 000841 HERITAGE LANDSCAPE SUPPLY 1,995.88 493 09/06/2024 PRINTED 000855 VERIZON WIRELESS 5,084.75 494 09/06/2024 PRINTED 000863 CALTEST ANALYTICAL LAB 106.00 495 09/06/2024 PRINTED 000865 WASTEWATER TECHNOLOGY TRA 550.00 496 09/06/2024 PRINTED 000929 WESTERN MACHINERY ELECTRI 4,101.22 497 09/06/2024 PRINTED 001007 RAIN FOR RENT 6,656.80
498 09/10/2024 PRINTED 001014 CALIFORNIA RIVER WATCH 48,000.00 499 09/13/2024 PRINTED 000915 ASSOCIATION OF BAY AREA G 4,279.30 500 09/13/2024 PRINTED 000056 ADAM-HILL COMPANY, THE 403.10 501 09/13/2024 PRINTED 001017 ADRIAN COLMENARES 63.63
502 09/13/2024 PRINTED 000074 AMAZON.COM SALES, INC. 4,315.93 503 09/13/2024 PRINTED 000079 AMERICAN SCALE CO., INC 115.36 504 09/13/2024 PRINTED 000084 ANTOINETTE M KAUFFMAN 200.00 505 09/13/2024 PRINTED 000091 ARROWHEAD FORENSICS 211.80 506 09/13/2024 PRINTED 000096 AT&T LONG DISTANCE 96.80
507 09/13/2024 PRINTED 000096 AT&T 312.59
508 09/13/2024 PRINTED 000096 AT&T OF CALIFORNIA 2,950.00 509 09/13/2024 PRINTED 000906 BRISA RANCH LLC 203.00
510 09/13/2024 PRINTED 000166 BURKE WILLIAMS AND SORENS 1,643.20 511 09/13/2024 PRINTED 000177 CALIFORNIA SEWER ENGINEER 600.00 512 09/13/2024 PRINTED 000179 CALIFORNIA TEACHER COMMIS 300.00 513 09/13/2024 PRINTED 000168 CABLECOM LLC 6,600.00
514 09/13/2024 PRINTED 000178 NAF SERVICES, INC. 982.81 515 09/13/2024 PRINTED 000194 CENTRISYS 2,066.98
516 09/13/2024 PRINTED 000201 CHILDCARE CAREERS 9,839.67 517 09/13/2024 PRINTED 000203 CINTAS CORPORATION #464 1,276.42 518 09/13/2024 PRINTED 000203 CINTAS 291.09
519 09/13/2024 PRINTED 000011 CITY OF DALY CITY 7,098.93 520 09/13/2024 PRINTED 000210 CLAIRE BREES 492.00
521 09/13/2024 PRINTED 000224 COMCAST 1,540.37
522 09/13/2024 PRINTED 000931 CORODATA RECORDS MANAGEME 604.84 523 09/13/2024 PRINTED 000240 COTTON, SHIRES & ASSOCIAT 4,113.25 524 09/13/2024 PRINTED 000253 C.W.E.A. 478.00
525 09/13/2024 PRINTED 000272 DELL MARKETING L.P. 87,032.52 526 09/13/2024 PRINTED 000944 DIRECT CARRIER SOLUTION, 2,176.00 527 09/13/2024 PRINTED 000946 DUANE WACHTELBORN 105.40
528 09/13/2024 PRINTED 000302 EASTMAN INVESTIGATIVE SER 1,200.00 529 09/13/2024 PRINTED 000967 EVANS, STEVEN 135.00
1.b
Packet Pg. 10
Attachment: Disbursements -FY 24-25 - 09-01 to 09-30-24 TYLER (5772 : Disbursements - Dated 9/1/24 City of Pacifica
AP CHECK RECONCILIATION REGISTER
Report generated: 10/01/2024 22:15
User: 5234vsahay
Program ID: apchkrcn
FOR CASH ACCOUNT: 101 10001 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 530 09/13/2024 PRINTED 000335 FASTRAK VIOLATION PROCESS 17.00 531 09/13/2024 PRINTED 000335 FASTRAK INVOICE PROCESSIN 185.00 532 09/13/2024 PRINTED 000350 FLYERS ENERGY, LLC 5,596.39 533 09/13/2024 PRINTED 000969 GIBSON JR., EUGENE 100.00 534 09/13/2024 PRINTED 000368 GODSOE, LIZ 36.00
535 09/13/2024 PRINTED 000373 THE GOODYEAR TIRE & RUBBE 4,704.30 536 09/13/2024 PRINTED 000373 THE GOODYEAR TIRE & RUBBE 2,707.02 537 09/13/2024 PRINTED 000377 GRAINGER 447.96
538 09/13/2024 PRINTED 001030 GRIDIRON TRAINING 1,300.00 539 09/13/2024 PRINTED 000390 HACH COMPANY 990.64
540 09/13/2024 PRINTED 000952 HARDY DIAGNOSTICS 493.46
541 09/13/2024 PRINTED 000455 KASEYA US LLC 149.32
542 09/13/2024 PRINTED 000457 KBA DOCUSYS 77.40
543 09/13/2024 PRINTED 000462 KIMBALL MIDWEST 1,674.60
544 09/13/2024 PRINTED 000464 KIRBY POLYGRAPH AND INVES 350.00 545 09/13/2024 PRINTED 000978 LASHLEY, MARK 150.00
546 09/13/2024 PRINTED 000487 LEXIPOL LLC 798.00
547 09/13/2024 PRINTED 000935 LUCIE BRAUN 138.93
548 09/13/2024 PRINTED 001025 MATT KELLY 188.64
549 09/13/2024 PRINTED 001028 MATT LUJAN 186.45
550 09/13/2024 PRINTED 000519 MC MASTER-CARR SUPPLY COM 1,054.20 551 09/13/2024 PRINTED 000520 MCMILLAN ELECTRIC 980.00
552 09/13/2024 PRINTED 001027 MICHAEL TREVIZO 585.92
553 09/13/2024 PRINTED 000529 MILLER & O'BRIEN 100.00
554 09/13/2024 PRINTED 000534 MISSION VALLEY FORD TRUCK 250.23 555 09/13/2024 PRINTED 000536 MUNICIPAL MAINTENANCE EQU 28.92 556 09/13/2024 PRINTED 000537 MOFFATT & NICHOL 3,182.75 557 09/13/2024 PRINTED 000551 MUSCIO SECURITY 285.00
558 09/13/2024 PRINTED 000553 NAPIER, NORA 594.00
559 09/13/2024 PRINTED 000561 NICHOLS CONSULTING ENGINE 2,065.00 560 09/13/2024 PRINTED 000587 OFFICE DEPOT 924.77
561 09/13/2024 PRINTED 001002 OIL CHANGERS 138.00
562 09/13/2024 PRINTED 999998 Julie Nakatani 2,000.00
563 09/13/2024 PRINTED 000594 ORKIN INC. 567.98
564 09/13/2024 PRINTED 000595 ORTEGA, SHIRLEY 82.00
565 09/13/2024 PRINTED 000604 PACIFIC NURSERIES 445.37
566 09/13/2024 PRINTED 001026 PARSONSKELLOGG, LLC 495.38 567 09/13/2024 PRINTED 000629 PATINO, JOE 132.00
568 09/13/2024 PRINTED 000634 PDQ IMTERMEDIATE INC 3,150.00 569 09/13/2024 PRINTED 000647 PACIFIC GAS & ELECTRIC CO 297,814.73 570 09/13/2024 PRINTED 000972 PLAN JPA 851.20
571 09/13/2024 PRINTED 000662 PRECISION TREE CARE 12,750.00 572 09/13/2024 PRINTED 000679 QUILL CORPORATION 432.13
573 09/13/2024 PRINTED 000021 SAN MATEO COUNTY ENVIRONM 2,751.00 574 09/13/2024 PRINTED 000717 SAN MATEO DAILY JOURNAL 4,388.16 575 09/13/2024 PRINTED 000731 SERVICE PRESS, INC. 77.94 576 09/13/2024 PRINTED 000744 SMART & FINAL 226.25
577 09/13/2024 PRINTED 000993 SOUTHWEST STRATEGIES LLC 4,278.75 578 09/13/2024 PRINTED 000029 STATE WATER RESOURCES CON 170.00 579 09/13/2024 PRINTED 000766 STERICYCLE 547.75
580 09/13/2024 PRINTED 000757 SOUTHWEST VALVE & EQUIPME 1,706.99 581 09/13/2024 PRINTED 000805 T-MOBILE CORPORATION 16.00
1.b
Packet Pg. 11
Attachment: Disbursements -FY 24-25 - 09-01 to 09-30-24 TYLER (5772 : Disbursements - Dated 9/1/24 City of Pacifica
AP CHECK RECONCILIATION REGISTER
Report generated: 10/01/2024 22:15
User: 5234vsahay
Program ID: apchkrcn
FOR CASH ACCOUNT: 101 10001 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 582 09/13/2024 PRINTED 000802 THOMSON WEST 416.00
583 09/13/2024 PRINTED 000817 TREE MANAGEMENT EXPERTS 960.00 584 09/13/2024 PRINTED 000830 ULINE SHIPPING SUPPLY SPE 1,760.26 585 09/13/2024 PRINTED 000837 UNIVAR SOLUTIONS USA INC 4,090.33 586 09/13/2024 PRINTED 000844 US FOODS, INC 5,419.65
587 09/13/2024 PRINTED 000854 VERITIV OPERATING COMPANY 927.04 588 09/13/2024 PRINTED 000855 VERIZON WIRELESS 2,396.32 589 09/13/2024 PRINTED 000855 VERIZON WIRELESS SERVICES 2,214.74 590 09/13/2024 PRINTED 000863 CALTEST ANALYTICAL LAB 58.00 591 09/13/2024 PRINTED 000864 WARWICK GROUP CONSULTANTS 6,000.00 592 09/13/2024 PRINTED 001031 WILLIAM FERREIRA 250.00
593 09/13/2024 PRINTED 000917 BROADMOOR POLICE DEPARTME 1,767.75 594 09/13/2024 PRINTED 000280 DISCOUNT PLUMBING, INC. 2,366.80 595 09/13/2024 PRINTED 000304 EAST BAY MUNI UTILITY DIS 2,581.00 596 09/13/2024 PRINTED 000448 JOINT VENTURE: SILICON VA 3,500.00 597 09/13/2024 PRINTED 000587 OFFICE DEPOT 164.80
598 09/13/2024 PRINTED 999998 Arthur Cecchin 2,000.00
599 09/13/2024 PRINTED 999998 Carol F. Martinez 2,000.00 600 09/13/2024 PRINTED 999998 Decedents Trust 2,000.00
601 09/13/2024 PRINTED 999998 Douglas D. Homon 2,000.00 602 09/13/2024 PRINTED 999998 Joseph Torrigino 22,300.00 603 09/13/2024 PRINTED 999998 Keith Stuart 2,000.00
604 09/13/2024 PRINTED 999998 Linda Quan 2,000.00
605 09/13/2024 PRINTED 999998 Russ Teasdale 2,000.00
606 09/13/2024 PRINTED 999998 Yvonne Duncan 2,000.00
607 09/13/2024 PRINTED 000016 PACIFICA SCHOOL DISTRICT 14,546.00 608 09/13/2024 PRINTED 000019 SAN MATEO COUNTY FORENSIC 21,185.09 609 09/20/2024 PRINTED 000066 ALL INDUSTRIAL ELECTRIC S 96.88 610 09/20/2024 PRINTED 000074 AMAZON.COM SALES, INC. 4,880.17 611 09/20/2024 PRINTED 000091 ARROWHEAD FORENSICS 255.12 612 09/20/2024 PRINTED 000096 AT&T 109.85
613 09/20/2024 PRINTED 000110 BAAQMD 288.00
614 09/20/2024 PRINTED 000146 BLEYLE ELEVATOR, INC. 95.00 615 09/20/2024 PRINTED 001044 BRYAN CLARK 250.00
616 09/20/2024 PRINTED 000166 BURKE WILLIAMS AND SORENS 2,450.24 617 09/20/2024 PRINTED 000184 TOLTECMEDIA 1,325.00
618 09/20/2024 PRINTED 000189 CATHOLIC CHARITIES CYO OF 8,419.00 619 09/20/2024 PRINTED 000191 CREATIVE DIGITAL AGENCY I 577.50 620 09/20/2024 PRINTED 000203 CINTAS CORPORATION #464 3,167.86 621 09/20/2024 PRINTED 000205 CITY AUTO SUPPLY 339.24
622 09/20/2024 PRINTED 001013 CONSENSUS CLOUD SOLUTIONS 33.99 623 09/20/2024 PRINTED 001012 CORE & MAIN LP 418.65
624 09/20/2024 PRINTED 000240 COTTON, SHIRES & ASSOCIAT 1,720.75 625 09/20/2024 PRINTED 000244 CRESCO EQUIPMENT RENTALS 1,568.22 626 09/20/2024 PRINTED 000247 CRYSTAL CLEAR CLEANING CO 1,150.00 627 09/20/2024 PRINTED 000253 C.W.E.A. 893.00
628 09/20/2024 PRINTED 000277 DIAL GLASS AND WINDOW CO 1,643.00 629 09/20/2024 PRINTED 000280 DISCOUNT PLUMBING, INC. 4,200.00 630 09/20/2024 PRINTED 000287 DOOLEY ENTERPRISES, INC. 699.28 631 09/20/2024 PRINTED 000293 DUBOCE JANITORIAL SERVICE 1,400.00 632 09/20/2024 PRINTED 000335 FASTRAK INVOICE PROCESSIN 7.00 633 09/20/2024 PRINTED 000339 FEDEX 26.07
1.b
Packet Pg. 12
Attachment: Disbursements -FY 24-25 - 09-01 to 09-30-24 TYLER (5772 : Disbursements - Dated 9/1/24 City of Pacifica
AP CHECK RECONCILIATION REGISTER
Report generated: 10/01/2024 22:15
User: 5234vsahay
Program ID: apchkrcn
FOR CASH ACCOUNT: 101 10001 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 634 09/20/2024 PRINTED 001041 CAL STEAM 2,492.77
635 09/20/2024 PRINTED 000350 FLYERS ENERGY, LLC 3,993.44 636 09/20/2024 PRINTED 001039 FRANK WALLACE DRIVESHAFTS 1,112.00 637 09/20/2024 PRINTED 000377 GRAINGER 7,050.35
638 09/20/2024 PRINTED 000381 GREASE TRAP CLEANERS, LLC 875.00 639 09/20/2024 PRINTED 000947 K.F. HOWELL ELECTRIC, INC 20,390.50 640 09/20/2024 PRINTED 000427 INTERSTATE TRAFFIC CONTRO 650.29 641 09/20/2024 PRINTED 001042 JOHN MULLINS 244.60
642 09/20/2024 PRINTED 000446 JOHN THE SIGN GUY LLC 779.35 643 09/20/2024 PRINTED 001043 JOSEPH GOMEZ 250.00
644 09/20/2024 PRINTED 000457 KBA DOCUSYS 167.64
645 09/20/2024 PRINTED 000462 KIMBALL MIDWEST 1,396.16
646 09/20/2024 PRINTED 000480 LIEBERT CASSIDY WHITMORE 6,165.00 647 09/20/2024 PRINTED 000522 METRO MOBILE COMMUNICATIO 87.50 648 09/20/2024 PRINTED 000537 MOFFATT & NICHOL 1,190.75 649 09/20/2024 PRINTED 000546 MUNICIPAL POOLING AUTHORI 1,042,994.00 650 09/20/2024 PRINTED 001001 METROPOLITAN TRANSPORTATI 4,000.00 651 09/20/2024 PRINTED 000574 NORLAB, INC. 299.00
652 09/20/2024 PRINTED 000587 OFFICE DEPOT 348.89
653 09/20/2024 PRINTED 999998 Buchalter 450.00
654 09/20/2024 PRINTED 000670 PROFORCE LAW ENFORCEMENT 7,054.69 655 09/20/2024 PRINTED 000679 QUILL CORPORATION 97.44
656 09/20/2024 PRINTED 001050 RANGER PIPELINES 907,250.00 657 09/20/2024 PRINTED 000691 RICE LAKE WEIGHING SYSTEM 185.00 658 09/20/2024 PRINTED 000021 COUNTY OF SAN MATEO 725.00 659 09/20/2024 PRINTED 000021 SAN MATEO COUNTY ENVIRONM 3,266.52 660 09/20/2024 PRINTED 000717 SAN MATEO DAILY JOURNAL 1,056.00 661 09/20/2024 PRINTED 000731 SERVICE PRESS, INC. 77.94 662 09/20/2024 PRINTED 000719 SAN MATEO LAWN MOWER SHOP 788.14 663 09/20/2024 PRINTED 000747 SMCPCSA 150.00
664 09/20/2024 PRINTED 000754 FORENSIC LOGIC, LLC 4,322.00 665 09/20/2024 PRINTED 000004 CALIFORNIA STATE OF JUSTI 234.00 666 09/20/2024 PRINTED 000788 TELSTAR INSTRUMENTS 134,791.25 667 09/20/2024 PRINTED 000828 U.S. BANK EQUIPMENT FINAN 852.39 668 09/20/2024 PRINTED 000830 ULINE SHIPPING SUPPLY SPE 395.59 669 09/20/2024 PRINTED 000837 UNIVAR SOLUTIONS USA INC 5,239.75 670 09/20/2024 PRINTED 000841 HERITAGE LANDSCAPE SUPPLY 405.11 671 09/20/2024 PRINTED 000883 WINCAN LLC 1,500.00
672 09/20/2024 PRINTED 000897 SERRA YELLOW CAB 3,487.42 673 09/27/2024 PRINTED 000052 ALAMEDA COUNTY SHERIFFS O 324.00 674 09/27/2024 PRINTED 000074 AMAZON.COM SALES, INC. 312.72 675 09/27/2024 PRINTED 000089 ONE WATER LLC 6,184.00
676 09/27/2024 PRINTED 000096 AT&T MOBILITY 518.76
677 09/27/2024 PRINTED 000096 AT&T 11,425.71
678 09/27/2024 PRINTED 000124 BAY POWER LLC GENERATOR S 315.88 679 09/27/2024 PRINTED 000120 BAY AREA TREE SPECIALISTS 6,600.00 680 09/27/2024 PRINTED 000166 BURKE WILLIAMS AND SORENS 9,871.45 681 09/27/2024 PRINTED 000181 CALLYO 2009 CORP 3,540.00 682 09/27/2024 PRINTED 000187 CAROLLO 13,025.25
683 09/27/2024 PRINTED 000190 CALIFORNIA DIESEL & POWER 10,656.82 684 09/27/2024 PRINTED 000192 CDW GOVERNMENT, INC. 1,191.15 685 09/27/2024 PRINTED 001064 CITY OF MENLO PARK 180.00
1.b
Packet Pg. 13
Attachment: Disbursements -FY 24-25 - 09-01 to 09-30-24 TYLER (5772 : Disbursements - Dated 9/1/24 City of Pacifica
AP CHECK RECONCILIATION REGISTER
Report generated: 10/01/2024 22:15
User: 5234vsahay
Program ID: apchkrcn
FOR CASH ACCOUNT: 101 10001 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 686 09/27/2024 PRINTED 000217 COAST COUNTIES PETERBILT 1,788.63 687 09/27/2024 PRINTED 001012 CORE & MAIN LP 902.95
688 09/27/2024 PRINTED 000240 COTTON, SHIRES & ASSOCIAT 4,526.67 689 09/27/2024 PRINTED 001051 DAN PATTEN 221.00
690 09/27/2024 PRINTED 001052 DAVID WEAVER 374.58
691 09/27/2024 PRINTED 001061 EAST PENN MANUFACTURING C 947.64 692 09/27/2024 PRINTED 000319 ENGINEERING DATA SERVICES 9,916.12 693 09/27/2024 PRINTED 001019 ENVIRONMENTAL SCIENCE ASS 1,285.44 694 09/27/2024 PRINTED 000350 FLYERS ENERGY, LLC 16,756.28 695 09/27/2024 PRINTED 000355 FREYER & LAURETA, INC. 3,821.40 696 09/27/2024 PRINTED 001058 GLAYSA RUIZ 222.00
697 09/27/2024 PRINTED 000377 GRAINGER 249.10
698 09/27/2024 PRINTED 000380 GRANITE ROCK COMPANY #265 1,795.83 699 09/27/2024 PRINTED 000430 IPS GROUP INC. 881.82
700 09/27/2024 PRINTED 000496 LUHDORFF AND SCALMANINI C 5,529.00 701 09/27/2024 PRINTED 000497 LARRY WALKER ASSOCIATES 348.50 702 09/27/2024 PRINTED 000525 MOORE IACOFANO GOLTSMAN, 1,878.75 703 09/27/2024 PRINTED 000536 MUNICIPAL MAINTENANCE EQU 395.91 704 09/27/2024 PRINTED 000552 XAVUS SOLUTIONS, LLC 1,800.00 705 09/27/2024 PRINTED 000561 NICHOLS CONSULTING ENGINE 9,000.00 706 09/27/2024 PRINTED 000609 PACIFIC TRENCHLESS INC 43,088.00 707 09/27/2024 PRINTED 000647 PACIFIC GAS & ELECTRIC CO 1,200.00 708 09/27/2024 PRINTED 001059 PRODUCTIVE PRINTING & GRA 191.41 709 09/27/2024 PRINTED 000672 PUBLIC PARKING ASSOCIATES 78.37 710 09/27/2024 PRINTED 000679 QUILL CORPORATION 119.36
711 09/27/2024 PRINTED 001037 RACO MANUFACTURING & ENGI 450.00 712 09/27/2024 PRINTED 001048 RYAN BIANCULLI 1,981.30
713 09/27/2024 PRINTED 000021 SAN MATEO COUNTY SHERIFF' 38,389.00 714 09/27/2024 PRINTED 001024 SCHAAF & WHEELER 6,492.50 715 09/27/2024 PRINTED 000731 SERVICE PRESS, INC. 126.15 716 09/27/2024 PRINTED 000759 ST. FRANCIS ELECTRIC, INC 2,543.60 717 09/27/2024 PRINTED 000769 STEWART CHEVROLET 780.03
718 09/27/2024 PRINTED 000784 TEC OF CALIFORNIA, INC. 2,565.16 719 09/27/2024 PRINTED 001047 THE WEBSTAURANT STORE, LL 6,270.06 720 09/27/2024 PRINTED 000827 TYLER TECHNOLOGIES 1,998.00 721 09/27/2024 PRINTED 001049 VICENTE ROMERO 1,968.80
722 09/27/2024 PRINTED 000977 V S S INTERNATIONAL INC. 1,282,033.01 723 09/27/2024 PRINTED 000045 ABACUS PRODUCTS INC. 1,486.93 724 09/27/2024 PRINTED 000915 ASSOCIATION OF BAY AREA G 16,669.30 725 09/27/2024 PRINTED 000089 ONE WATER LLC 12,368.00
726 09/27/2024 PRINTED 000945 AQUATIC INFORMATICS, INC 3,700.00 727 09/27/2024 PRINTED 000918 ASTORIA-PACIFIC 1,417.31
728 09/27/2024 PRINTED 000921 AT WORK UNIFORMS 114.00
729 09/27/2024 PRINTED 001071 BETTINA WOLF-BLAKE 1,242.30 730 09/27/2024 PRINTED 001074 BILL AMABLE 5,913.12
731 09/27/2024 PRINTED 001072 BRANDON SMITH 956.28
732 09/27/2024 PRINTED 000190 CALIFORNIA DIESEL & POWER 10,656.82 733 09/27/2024 PRINTED 000198 CHEFS TOYS LLC 9,273.44
734 09/27/2024 PRINTED 000199 BRETT STOLLENWERK 5,265.00 735 09/27/2024 PRINTED 000203 CINTAS CORPORATION #464 1,165.15 736 09/27/2024 PRINTED 000224 COMCAST 35.71
737 09/27/2024 PRINTED 000224 COMCAST 378.70
1.b
Packet Pg. 14
Attachment: Disbursements -FY 24-25 - 09-01 to 09-30-24 TYLER (5772 : Disbursements - Dated 9/1/24 City of Pacifica
AP CHECK RECONCILIATION REGISTER
Report generated: 10/01/2024 22:15
User: 5234vsahay
Program ID: apchkrcn
FOR CASH ACCOUNT: 101 10001 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 738 09/27/2024 PRINTED 000239 CORT BUSINESS SERVICES CO 4,120.25 739 09/27/2024 PRINTED 000248 CSG CONSULTANTS, INC. 1,618.40 740 09/27/2024 PRINTED 000262 DALY CITY TOOL MART 16.47 741 09/27/2024 PRINTED 000980 DXP ENTERPRISES, INC 23,397.08 742 09/27/2024 PRINTED 000332 EXPERIAN 77.72
743 09/27/2024 PRINTED 000335 FASTRAK VIOLATION PROCESS 170.50 744 09/27/2024 PRINTED 000335 FASTRAK INVOICE PROCESSIN 175.00 745 09/27/2024 PRINTED 000343 FIDDLER'S GREEN MOVING & 8,900.00 746 09/27/2024 PRINTED 000389 H & R PLUMBING AND DRAIN 61,000.00 747 09/27/2024 PRINTED 000398 HDL SOFTWARE, LLC 6,859.05 748 09/27/2024 PRINTED 001073 MARIA SARASUA 250.00
749 09/27/2024 PRINTED 001002 OIL CHANGERS 96.00
750 09/27/2024 PRINTED 999998 Lindsey Fong 445.00
751 09/27/2024 PRINTED 999998 Skeeter Noah 2,000.00
752 09/27/2024 PRINTED 000605 U.S. BANK EQUIPMENT FINAN 547.36 753 09/27/2024 PRINTED 000609 PACIFIC TRENCHLESS INC 298,607.00 754 09/27/2024 PRINTED 000647 PACIFIC GAS & ELECTRIC CO 1,200.00 755 09/27/2024 PRINTED 000679 QUILL CORPORATION 12.08
756 09/27/2024 PRINTED 000680 R & H WHOLESALE SUPPLY, I 574.27 757 09/27/2024 PRINTED 000692 RICE TRUCKING SOIL FARM 2,125.10 758 09/27/2024 PRINTED 000696 RK ENGINEERING, INC. 195,054.19 759 09/27/2024 PRINTED 000982 S.R. ROSE ENGINEERING, IN 22,387.13 760 09/27/2024 PRINTED 000729 SEAVIEW TIRE & BRAKE CENT 2,284.82 761 09/27/2024 PRINTED 000780 TELECOMMUNICATIONS ENGINE 1,770.50 762 09/27/2024 PRINTED 000791 TERMINIX PROCESSING CENTE 364.00 763 09/27/2024 PRINTED 000793 THATCHER COMPANY INC 7,811.46 764 09/27/2024 PRINTED 001047 THE WEBSTAURANT STORE, LL 5,478.06 765 09/27/2024 PRINTED 001021 TOWNSEND PUBLIC AFFAIRS, 10,000.00 766 09/27/2024 PRINTED 000813 U.S. TELEPACIFIC CORP. 11,095.35 767 09/27/2024 PRINTED 000827 TYLER TECHNOLOGIES 5,328.00 768 09/27/2024 PRINTED 000828 U.S. BANK 825.41
769 09/27/2024 PRINTED 000828 U.S. BANK EQUIPMENT FINAN 1,059.20 770 09/27/2024 PRINTED 000843 URBAN WATERPROOFING 46,750.00 771 09/27/2024 PRINTED 000844 US FOODS, INC 2,372.02
772 09/27/2024 PRINTED 000855 VERIZON WIRELESS 2,987.82 773 09/27/2024 PRINTED 000874 UPS STORE 1468 478.94
774 09/27/2024 PRINTED 000890 WOODARD & CURRAN, INC. 51,937.06 349 CHECKS CASH ACCOUNT TOTAL 5,784,410.69 .00
1.b
Packet Pg. 15
Attachment: Disbursements -FY 24-25 - 09-01 to 09-30-24 TYLER (5772 : Disbursements - Dated 9/1/24 City of Pacifica
AP CHECK RECONCILIATION REGISTER
Report generated: 10/01/2024 22:15
User: 5234vsahay
Program ID: apchkrcn
UNCLEARED CLEARED
349 CHECKS FINAL TOTAL 5,784,410.69 .00
** END OF REPORT - Generated by Vivika Sahay **
1.b
Packet Pg. 16
Attachment: Disbursements -FY 24-25 - 09-01 to 09-30-24 TYLER (5772 : Disbursements - Dated 9/1/24
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
Approval of Minutes
RECOMMENDED ACTION:
Move to approve the minutes for the August 26, 2024 City Council Regular Meeting.
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
Move to approve the minutes for the August 26, 2024 City Council Regular Meeting (Attachment A).
FISCAL IMPACT:
Within budgeted operational expenses.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
Attachment A: Minutes of 08-26-2024 Regular Meeting (PDF) 2 Packet Pg. 17
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 August 26, 2024
August 26, 2024 (MONDAY)
www.cityofpacifica.org
Mayor pro Tem Sue Beckmeyer called the meeting to order on August 26, 2024 at 7:06 PM 7:00 PM OPEN SESSION
Call to Order
Mayor pro Tem Beckmeyer called the meeting to order at 7:06 p.m.
Attendee Name Title Status Arrived
Sue Vaterlaus Mayor Remote
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.
Mayor pro Tem Vaterlaus requested participation remotely via Zoom pursuant to AB 2449 Emergency Circumstances clause.
Mayor pro Tem Beckmeyer asked her to describe for the record the general circumstances related to her need to appear remotely.
Mayor Vaterlaus stated that she is currently suffering from a medical emergency.
Mayor pro Tem Beckmeyer stated that Mayor Vaterlaus is also required to identify whether any other individual, 18 years of age, is present in the room at her remote location and identify the general nature of the relationship with any individuals physically present in her location.
Mayor Vaterlaus stated that she is in her home, and her husband is present but in a separate room.
Mayor pro Tem Beckmeyer opened public comments and, seeing no one, closed public comments.
Councilmember Bier moved to approve Mayor Vaterlaus’ remote participation pursuant to the Emergency Circumstances; seconded by Councilmember Bigstyck. City Clerk Coffey asked for a roll call vote of Council to approve Mayor Vaterlaus’ participation via Zoom due to emergency
2.a
Packet Pg. 18
Attachment: Attachment A: Minutes of 08-26-2024 Regular Meeting (5769 : Approval of Minutes) City Council Regular Meeting 2 August 26, 2024
circumstances. She then took a vote by verbal roll call.
APPROVE REMOTE PARTICIPATION PURSUANT TO AB2449 - VATERLAUS (EMERGENCY CIRCUMSTANCES)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bier, Councilmember
SECONDER: Tygarjas Bigstyck, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Staff Present: Kevin Woodhouse, City Manager; Denise Bazzano, Asst. City Attorney; Yulia Carter, Asst. City Manager; Stefanie Cervantes, Acting Dep. Director of Community Development; Kavitha Kumar, Interim Director of Community Development (Zoom); John Mullins, Interim PW Director; Maria Sarasua, Police Chief; Scott Leslie, Acting PB&R Director; Louis Sun, PW Dep. Director-Wastewater Div.; Roland Yip, PW Dep. Director (Field Services/Engineering); Bill Amable, Dep. Fire Chief; Craig Wittner, Battalion Chief; Brianne Harkousha, Sr. Planner, Daniel Patten, Wastewater Engineering Mgr; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.
Reading of Land Acknowledgment
Mayor pro Tem Beckmeyer read the Land Acknowledgment.
Salute to the Flag led by Councilmember Bier
SPECIAL PRESENTATIONS
A. Proclamation - National Preparedness Month - September 2024 Mayor pro Tem Beckmeyer read the proclamation for National Preparedness Month 2024.
Dep. Fire Chief Amable accepted the proclamation and mentioned studies done that informed the theme this year, “Smoke Alarms: Make Them Work for You!” He shared information on the North County Fire Authority’s program.
Councilmember Bigstyck appreciated the insight on knowing how much work NCFA put into making sure the city is prepared for an emergency. He invited him to speak about Zonehaven or SMC Alerts.
Dep. Fire Chief Amable stated that Zonehaven is now known as Genasys Protect. He also encouraged people to download apps like the FEMA app and San Mateo County Alert System.
He thought it was great to have all those resources, but if you are preparing yourself, what if the site is down or you lost your phone, etc., and you lose access. He stated that is why it is good being prepared ahead of time.
Councilmember Bier stated we appreciate NCFA for keeping us safe all the time. She asked him if NCFA is doing focused outreach to specific communities.
Dep. Fire Chief Amable stated NCFA is trying to reach out with multiple languages on their website.
2.a
Packet Pg. 19
Attachment: Attachment A: Minutes of 08-26-2024 Regular Meeting (5769 : Approval of Minutes) City Council Regular Meeting 3 August 26, 2024
Councilmember Bier appreciated that, adding that she is part of the North County Outreach Collaborative who would be happy to help NCFA reach out to more communities.
Councilmember Boles thanked Fire and Police who also run the city’s Emergency Preparedness and Safety Commission and work with CERT volunteers as it takes the whole community working together. She encouraged the public to learn about and get involved with the CERT program. She stated that it is important for the public to understand that, when an emergency comes, our police and fire will not be able to be at everyone’s home but at the major event where the most people are affected, and it is important for citizens to be able to take care of themselves and also look out for their neighbors. She added that the Emergency Preparedness meeting on September 18 will have a representative from Thrive Alliance come and discuss ways at the county level to help organize nonprofits.
Mayor Vaterlaus thanked the Fire Department for past fires and for her recent medical incident.
She stated we are appreciative of everything they do every day in Pacifica.
Mayor pro Tem Beckmeyer stated, as a Pacifica School District employee, she will be checking in with administration to bring this theme forward this month.
There were no public comments.
B. Commendation - Chris Redfield
Mayor pro Tem Beckmeyer read a letter of commendation regarding Mr. Chris Redfield’s active public service and lifesaving actions on July 5, 2024 at Brisbane marina in an active drowning incident.
Councilmember Bigstyck shared his thoughts on his endeavors and was pleased to have observed Mr. Redfield’s contributions to the community.
Councilmember Bier thanked Mr. Redfield for his selflessness.
Councilmember Boles stated that he was in the right place at the right time and brave enough to do what needed to be done which takes a rare person. She thanked him on everyone’s behalf and he was an inspiration to others to look out for each other.
Mayor Vaterlaus was thankful that we get to give him this commendation because all the things he does are amazing. She thanked him for being on the Planning Commission and being at all the meetings.
Mayor pro Tem Beckmeyer stated that, to the Dep. Fire Chief’s point earlier about our Preparedness Month, he was prepared and he had the training and equipment he needed and he took decisive action. She stated that this is something any of us can do and we can rise to the occasion when needed and she commends him for that. She opened public comments.
Dan Stegink, Pacifica, stated that he has known Mr. Redfield for over ten years and he thanked him for saving a life. He has been a former rescue diver and he appreciates what Mr.
Redfield has done and is sure the victim’s family does also.
Chris Redfield thanked them, stating that it is quite an honor and he appreciated it. He stated that it has been an honor to work for Brisbane and mentioned everyone who was at the location,
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and he felt it took a village to make this be a wonderful outcome.
CONSENT CALENDAR
Mayor pro Tem Beckmeyer asked if any Councilmembers wished to pull an item from consent, and seeing none, opened public comments.
Dan Stegink, Pacifica, thanked Council’s service over the last 4-1/2 years and this is the first City Council meeting in that time when the Anza Pump Station emergency is not on the consent calendar. He thanked them for whatever it took to fix it.
Councilmember Boles stated she had a question about Item #4. She asked what the warranty period was and when it started, and staff told her that the standard warranty was one year from completion of the work. She was curious what the actual date of final completion is so, if residents continue to have any issues, we can make sure to let staff know.
City Manager Woodhouse stated that the warranty period is from completion of both construction and punch list items.
Dep. Director Yip stated that the final completion date will be considered as the June date where they complete the Manor Drive resurfacing. It will be one year from June to start the warranty period.
Chris Redfield, Pacifica, stated he wanted to advocate for the expenditure for the centrifuge for wastewater as that is a key piece of equipment which is the final things, and also advocate for the camera work and design engineering work for Item #6, and thanked staff.
Mayor pro Tem Beckmeyer then closed public comments.
Councilmember Boles stated that, regarding the sewer, in Rockaway and Vallemar the city will be working on sewer replacements; if anyone needs their sewer laterals updated, this is a good time as it will cost them a lot less money to do that work. She encouraged people as it helps reduce all the infiltration in rainstorms and helps the overall system performance.
Councilmember Boles moved to approve the consent calendar; seconded by Councilmember Bigstyck.
City Clerk Coffey took a vote by verbal roll call.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Boles, Councilmember
SECONDER: Tygarjas Bigstyck, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
1. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the June 24, 2024 City Council Special and Regular Meeting.
2. Resolution - Approve Purchase Agreement with Centrisys CNP for Providing a Spare Rotating Assembly
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PROPOSED ACTION: Adopt a Resolution that authorizes the City Manager to award and execute a Purchase Agreement with Centrisys CNP for a sole source purchase of one spare rotating assembly in the amount of $180,500 for the centrifuge in connection with the Calera Creek Water Recycling Plant biosolids handling process.
3. Resolution Authorizing a Master Agreement for Consultant Services and Task Order No. 1 with Freyer and Laureta, Inc. for engineering design services in the amount of $940,300 for the Vallemar and Rockaway Beach Boulevard Areas Sewer Rehabilitation and Repair Project. Approve budget authority in the amount of $1,081,345 which includes 15% contingency in the amount of $141,045.
PROPOSED ACTION: Move to Approve a Resolution Authorizing a Master Agreement for Consultant Services and Task Order No. 1 with Freyer and Laureta, Inc. for engineering design services in the amount of $940,300 for the Vallemar and Rockaway Beach Boulevard Areas Sewer Rehabilitation and Repair Project; Approve budget authority in the amount of $1,081,345 which includes 15% contingency in the amount of $141,045; and Authorize the City Manager to execute all documents related to the project.
4. Notice of Completion for the FY 2023-24 Resurfacing Project PROPOSED ACTION: Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the FY 2023-24 Resurfacing Project; and authorize the City Manager to release the retention funds to the contractor.
5. Esplanade & Palmetto Bicycle and Pedestrian Improvements Project PROPOSED ACTION: Reject all bids for the Esplanade & Palmetto Bicycle and Pedestrian Improvements Project.
6. Resolution Authorizing the Support and Submittal of Applications to the SMCTA Cycle 7 Pedestrian and Bicycle Program Funding
PROPOSED ACTION: Adopt a resolution authorizing the support and submittal of applications to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and Bicycle Program Funding for the Oceana Bicycle and Pedestrian Improvement Project
PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Dan Stegink, Pacifica, spoke about the quarry and its significance as Native American homeland for thousands of years. He shared some detailed information found on past history and stated that the Planning Commission quarry hearing decision was appealable.
Sam Casillas, Pacifica, expressed his frustrations with staff’s communications on the LCLUP updates and shared his thoughts on the planned update of the Pedro Point Field land use designation.
Leo Leon, Pacifica, stated he wanted to give recognition to Public Works as well as Former PW Director Petersen and shared his positive comments on the potholes repair process.
Summer Lee, Pacifica, stated she was disturbed on the city staff’s position on the quarry project at the last meeting and expressed her thoughts on the need to acknowledge the living descendants of indigenous citizens who lived in the quarry.
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COUNCIL COMMUNICATIONS
Mayor pro Tem Beckmeyer suggested that Council hold their comments for after the study session. There was consensus among Council.
STAFF COMMUNICATIONS
City Manager Woodhouse introduced John Mullins, the newly appointed Interim Public Works Director. He stated that Interim PW Dir. Mullins has a long and accomplished career in Public Works and local government, and he served Hillsborough for 17 years as Chief Building Official, Interim Public Works Director, Superintendent of Public Works, and Asst. City Manager. His experience in the public and private sector includes managing large multifaceted projects and budgets, team leadership, staff development, and problem-solving and has been working for the Public Works on GIS implementation and other projects, and he is no stranger to the city organization or the city as he has lived here for decades.
Interim PW Director Mullins thanked the City Manager for letting him join the team and he was looking forward to accomplishing several more. He stated that former Dir. Lisa Petersen will be missed, and we will hold true to her visions with the GIS and mapping features.
PUBLIC HEARINGS - NONE.
CONSIDERATION
7. Short Term Rental Study Session
PROPOSED ACTION: Receive updates on the Short-Term Rental Program and provide direction on potential revisions to the City’s Short-Term Rental regulations.
Asst. City Manager and Senior Planner Harkousha presented the staff report.
City Manager Woodhouse stated it was Council’s prerogative to dive in on each item or hear the presentation all the way through.
Mayor pro Tem Beckmeyer stated she would prefer to hear it all the way through.
Councilmember Bigstyck stated that he has spent more than four years listening to the community and he appreciates Council’s diligence. He referred to the last study session about giving direction and he thinks, for some, it is striking to hear nomenclature such as “confirming that limiting unhosted rentals is not recommended. He wanted to point out that, while staff’s recommendations are not always in alignment with the community’s recommendations or directions that Council had indicated, it is staff’s job to make sure as we get as full an analysis as possible and potential liabilities so we can do their due diligence in deliberating the public’s needs against the city’s resources. He wants to make sure it is clear that Council will be deciding through a conversation with each other and input from the community and we need to know where liabilities lie in analyzing the whole project.
Councilmember Boles wanted to clarify, as staff goes through the report, if we could get more information. She thought it is vague to say it could be problematic and not feasible to enforce without knowing more specifically why and knowing that most of the cities around us have these limits. She asked, as we move forward, if this is staff’s opinion not having tried this before or
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have we reached out to other communities who do have these regulations that they are trying to enforce and do we know what their challenges are or what they might be doing to solve those challenges.
City Manager Woodhouse stated that, on each of these items, are Council’s request from the June 24 meeting and then a brief summary statement about staff’s evaluation and the direction being sought from Council. He stated that each of them is going to be a substantial discussion and he is sure Council will have questions. He stated the question for Council is, rather than staff try to provide detailed information about all those, does Council want to do that back-andforth in Q&A with staff after the whole presentation. He was seeking direction on how Council wants to proceed.
Mayor pro Tem Beckmeyer thought Council indicated that we want to hear staff report, have public comment after that, and then have discussion and deliberation. She stated that, if there is a particularly important point that Councilmembers or Mayor has, we can come back to a question about the way in which this evaluation was made to make this recommendation.
City Manager Woodhouse stated that it sounds completely reasonable. He also added that, before public comment and after the staff presentation, he has a couple of comments.
Sr. Planner Harkousha continued with the staff report.
Mayor pro Tem Beckmeyer stated that it seems that we have in our master fee schedule some level of staggered fees, graduated fees, etc., like the business license. She stated there was a formula structured in the master fee schedule and she stated that was what she had in mind with this question.
Sr. Planner Harkousha continued with the staff report.
Councilmember Boles stated that she feels like we should be educating the public so they can come back and give educated comments to Council but this presentation does not do that.
Councilmember Bier stated she is frustrated looking at it.
City Manager Woodhouse thought we were proceeding with the staff presentation as a summary and Council will ask questions to staff about all of these items and then public comment. He stated that the educational approach is get through the whole presentation, go to Council questions of staff, answer those questions, hear public input, and hold Council discussion. He asked if that is correct.
Mayor pro Tem Beckmeyer stated that it is correct but what she asked before is because staff indicated a desire to address these one by one and not have the overview of them all. She thought we were trying to accommodate with what is the highest priority issue and note that about the request when we come back to it for understanding, a level of detail about why it is difficult to do that and why it would require a need to be mainly a self-reporting task.
City Manager Woodhouse thinks they are saying the same thing except Councilmember Boles’ comment now seemed to think differently on that and that was what he was wondering.
Councilmember Bigstyck heard we would get through the slides, go back to the beginning before going to public comment to ask those questions on the slides, and get to the end of
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slides after asking all the questions, and that way it will accommodate what he is asking for.
Councilmember Boles expressed that Council did not need to go back through and do the presentation twice.
Mayor pro Tem Beckmeyer agreed.
Councilmember Bigstyck asked if we go back to the first slide and ask questions.
City Manager Woodhouse stated that one point in getting through the whole presentation is so Council and the public can hear all of the scope of the Council requests, staff evaluation, and Council direction.
Councilmember Bigstyck stated that we are not hearing scope when the terminology is general is what Councilmember Boles is saying and he agrees.
Mayor pro Tem Beckmeyer stated high level overview is where we are and to move on.
Asst. City Manager Carter and Senior Planner Harkousha completed the staff report.
Mayor pro Tem Beckmeyer asked Council if a break was needed before public comment.
Councilmember Boles was okay to continue now as it would be good to ask some clarifying questions and then take a quick break before public comment.
Mayor pro Tem Beckmeyer understands.
City Manager Woodhouse stated that now we will go back and Council will ask some clarifying questions on the policy recommendations and other general questions. He wanted to provide information that will help the context for the conversation and what we are seeing in the staff report and his recommendations regarding some of these policy considerations. He stated that he has seen some public comments suggesting that staff’s analysis about STRs is biased or that he has not responded appropriately to what Council has directed. He stated that, to clarify that for everyone’s sake, he wants to be very clear about a couple of points on how this process works, i.e., staff making recommendations to Council and Council deciding. He stated that it is his obligation as the City Manager to provide professional analysis and recommendations to the City Council. He stated that, at the last study session, Council identified numerous policy considerations about the STR program and directed him to bring back analysis and recommendations for Council’s further consideration. He stated that the report at this meeting does just that, providing the analysis and recommendations for Council to consider before directing development of ordinance provisions or revisions for Council’s consideration and adoption in the future. If Council desires more research and information, it is Council’s prerogative to direct him to return with further information before making a decision. He stated that the STR program assessment is one of numerous high priority Council Strategic Plan items and has taken more time than anticipated due to the ongoing staff time required for the LCLUP update and other high priority items. He stated that the second point is that some have commented that identifying how certain potential ordinance provisions would be difficult to monitor and enforce should not be a basis for a recommendation against such potential provisions and that amounts to a biased recommendation. He stated that implementation feasibility and enforceability, including financial and legal concerns, are important considerations for the Council to make informed decisions about the program. He stated that this report
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provides that information. He stated that it is his obligation to let Council know if it is staff’s professional opinion that a policy proposal is operationally infeasible or would impact the city’s finances and why, as it is the City Attorney’s obligation to let Council know about legal concerns.
He stated that it is the Council’s prerogative to decide what to do with the information provided in the report and in this meeting’s discussion and whether the operational infeasibility, financial impacts, or legal risks are important to the policy decisions on this matter. He stated that staff has put considerable effort into this work on the STR program and has provided a thorough and professional analysis of the issues and we look forward to receiving Council’s direction. He thanked Council for giving him time as he thought it was important to provide that context about the report.
Councilmember Boles asked what their current ordinance allows. She thought many comments we are hearing and even the acknowledgment of current operators is that there are bad actors and wondered how we bring them into compliance. She also asked about permit extension or revocation in the Municipal Code and at what point does the current ordinance allow us to immediately start the process to revoke or suspend. She referred to an operator with a building code violation and asked if that would be a reason to suspend or revoke the license so we are not putting people at risk who are staying in the property.
Asst. City Attorney Bazzano stated she was correct that the section in the Municipal Code that discusses permit revocation and enforcement is in Section 9-4.4907 and it speaks to “suspension or revocation for any violation of the provisions of Article 49 or if a short-term rental is operating in a manner that is detrimental to the public health, welfare or safety or constitutes a nuisance or has failed to renew their short-term rental permit”. She stated that typically a suspension may be warranted if there is a violation that can be addressed or easily remedied, such as the example of the building code violation, and that may warrant a suspension until the short-term rental host can address the building code violation. She stated that a revocation may be warranted if there are violations that have been identified and we want to make sure we provide due process to the permit holder about those violations, so identifying the violations in a Notice of Violation and could be a violation of the city’s noise ordinance or other requirements in the city’s Municipal Code or a requirement in Article 49. Once the Notice of Violation is sent to the short-term rental host, they have an opportunity to address or correct the violations and if they do not correct the violations, that could be an ongoing nuisance that would warrant revocation.
Councilmember Boles asked about one-time and ongoing nuisances.
Asst. City Attorney Bazzano stated that any violation of the City’s Municipal Code is deemed a public nuisance but they should be afforded the opportunity to correct the violation; that is part of providing due process, allowing short-term rental host/property owner to correct the violations.
Councilmember Boles asked if there is a noise complaint made and the police come out, what are the steps taken to let both the people causing the disturbance as well as the owner of the short-term rental that a violation has occurred on the property.
Asst. City Attorney Bazzano understands that the police will identify whether there is or is not a violation of the city’s noise ordinance, founded or unfounded, and identify the people on the property site and explain to them the city’s code requirements and give them an opportunity to come into compliance and determine whether the compliance has been achieved. She does not believe the property owner is notified unless there is a citation that is issued.
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Asst. City Manager Carter stated that citations will be issued on the repeat return to the property. First, police give a warning and, if they have to return to the same property during the same nuisance, then the citation is issued and code enforcement gets involved as well.
Mayor pro Tem Beckmeyer asked, regarding the owner not being notified unless there is a citation, if it could be stated, if it is the will of the Council that the short-term rental ordinance include, if the police are called, the owner is notified in writing, or would that be in conflict with the Municipal Code in some way that creates some difficulty or jeopardy.
Asst. City Attorney Bazzano thought it would be possible to require some type of notification to the actual property owner; for clarity, the Notices of Violation are sent to the property owner and anybody associated with STR permit, property owner, etc. She stated that administrative citations that may be issued by the police at the actual short-term rental site would be issued to the guests, not necessarily the property owner. The property owner may not be notified of that citation issuance as a result. She stated that Council could include something in the policies or the actual codes that state any violations should be sent to the property owner.
Asst. City Manager Carter stated that this is why we introduced administrative policies and the three-strike provision. She stated that the current ordinance provides the STR Administrator with authority to implement such policy and that is what staff is working on with legal.
Councilmember Bier asked if it is possible to collect data on calls for service, not just citations.
Asst. City Manager Carter clarified that calls for service would include all calls for service, both found and unfounded violations.
Councilmember Bier understood, adding for that specific address or permit.
Asst. City Manager Carter added that what would trigger the citation is the found violations.
Councilmember Bier understood and asked if it is possible to collect data on calls for service as well.
Asst. City Attorney Bazzano responded affirmatively.
Mayor Vaterlaus referred to founded and unfounded and stated that some of the complaints that are called for service are unfounded complaints.
Councilmember Boles stated if we are telling the owner that there is a problem, there is possibly something they can do to increase their rules and have better communication, and she thinks we are missing an opportunity if that information is not communicated to the owner.
Mayor pro Tem Beckmeyer agrees.
Councilmember Boles is concerned about what we can do now, knowing that the business licenses and STR permits are renewing in October. She stated that, in the past, we changed the application to ask more information and, if we go through that application carefully, there might be other questions we want to add. She asked if that is something we can do at this meeting, i.e., we could add to the application things that do not necessarily require an ordinance change.
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Asst. City Attorney Bazzano asked if she could give some examples of what she is thinking.
Councilmember Boles stated she does not have it yet but asked if it is possible.
Asst. City Attorney Bazzano thinks that is possible to add.
Councilmember Boles asked to share the application to the public later.
Asst. City Manager Carter clarified that we are working on the application with HdL to finalize the application for the renewal and it will be done any day now. Staff can send out notices, and the plan was to notify all the STR permit holders as part of the renewal packages that the Council may modify the regulations. She stated that depending on what those regulations are, implementation of those regulations could go into effect sooner or later.
Councilmember Bier referred to these notices going out any day now, and if we are talking about this at this meeting and giving direction now, and she asked if it is possible to delay the sending out of those letters until Council has given more direction.
Mayor pro Tem Beckmeyer referred to the issue about grandfathering and clarified that from the last meeting that she was not asking for how can we grandfather but are people grandfathered if the renewal process starts before we have full conversation with Council, direction, and then implementation. She asks what constitutes grandfathering, whether we want it or not.
City Manager Woodhouse added, regarding the timeline, staff intends for this permit renewal phase to put all of the STRs applying for permits on notice that ordinance revisions may be forthcoming and, when they become effective, when Council finishes this process, those provisions that can be implemented immediately and permit holders will be required to comply with them. He added that, in the coastal zone, that is longer as the Coastal Commission has to approve this. He stated they have to comply with changes that are implementable mid-year as it is an ordinance Council put into place. He stated that there may be some provisions, such as unhosted STRs not being allowed, that would be more difficult to implement mid-stream and we would have to phase that into the next year’s permit application after that went into effect. He stated that we can address the practicalities of implementing that, but he is mentioning it because there is a concern about rushing this before the new application, and when the ordinance changes, businesses need to come into compliance with the new ordinance provisions when they go into effect.
Mayor pro Tem Beckmeyer stated she has a legal question on that point. She asked about the scenario a change a month or more later after obtaining the permit dramatically affects the ability to do business as planned. She asked if the duration of the permit for which the ordinance in place at that moment count. She heard City Manager say that, if we change the ordinance part way through, they get noticed, and as of 30 days from now or whenever the notice is, this is the new rules of the game. She wanted to understand timing and legal requirements.
Asst. City Attorney Bazzano stated that, as the City Manager mentioned, there would be differences in the type of regulation that we are trying to implement. Depending on the type of regulations, we may be able to impose it immediately after the ordinance becomes effective.
She gave a simple example of if we are requiring that all units have smoke detectors. That type of regulation could go into effect immediately because, even though they have a short-term
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rental permit, they do not have a reasonable expectation that the city is not going to impose those types of regulations during the duration of the permit. She stated that the city may not be able to impose something that has to essentially shut down the short-term rental during the duration of the permit. If the city required only hosted STRs and this property was not able to have hosted STRs and would, therefore, be foreclosed from operating during that year where they were issued a permit, we may have to wait for that permit to expire before we can enforce that provision the following year.
Mayor pro Tem Beckmeyer asked if Council has the authority to dictate the term of the permit, as presently it is one year.
Asst. City Attorney Bazzano stated that Council could change that. She stated we would have to let those people who obtained a year-long permit to get through their year before Council implements that change.
Councilmember Boles asked if we could say that any permit issued now would expire in three or six months.
Asst. City Attorney Bazzano stated that the ordinance currently requires the permit be issued for a year.
Councilmember Boles assumed that it has to be an ordinance change, not something we can do now.
Asst. City Attorney Bazzano responded affirmatively.
Councilmember Boles understands if we are taking away complete use of the short-term rental, but if we are reducing use by having a maximum number of people instead of number of bedrooms and, is that something that we can enforce mid-year.
Asst. City Attorney Bazzano thought, for the number of people, we would have to see what Council desires in terms of limiting number of people, but that would not affect any investment expectations that the short-term rental permit holders had in terms of renting out. She did not believe that there are many renters out there that rent based on people.
Councilmember Boles stated that they rent a certain number of bedrooms and they can charge more.
Asst. City Attorney Bazzano stated that they charge for the unit, not necessarily based on the number of people that stay in the unit.
Councilmember Boles asked if reducing their income potential is acceptable.
Asst. City Attorney Bazzano stated she is saying that regulating on the number of people would not necessarily affect their investment back expectations and that probably would be a regulation that could be implemented immediately after the ordinance became effective, but we would need to see what Council wants to include in the ordinance and understand better how that regulation would impact short-term rentals.
Councilmember Boles thought, as we get to the end of this meeting, we can clarify direction.
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Mayor Vaterlaus thinks people do look at the number of people allowed in the units. She thinks that is one of the regulations we need to have.
Councilmember Boles asked if if our ordinance now restricts parties.
Asst. City Attorney Bazzano stated that the short-term rental ordinance does not restrict parties but the city has a separate code provision that prohibits loud and unruly gatherings.
Councilmember Boles asked how much money the city is making now in transit occupancy taxes from short-term rentals specifically and how much we are collecting now in permit fees for short-term rentals. She stated that it is in the staff report that the permit fees are not covering our expenses of enforcement now, and she asked clarification on what that difference is.
Asst. City Manager Carter stated that staff provided this information in the previous staff report for June 24 study session. She stated that the STRs’ contribution to the local tax base is over $2 million a year. That is combined contribution between the TOT (about $1.8 million), business license tax (about $12,000), STR permit fees (about $290,000), and sales tax (between $150,000 and $200,000 based on assumptions).
Mayor pro Tem Beckmeyer asked, specifically regarding sales tax, if there has been any adjustment or comparison with if someone was not staying. If the place was empty, it would be zero, but has there been an economic analysis that we have looked at or recognized on the issue of a residential use of the property and sales tax generation versus a short-term rental use of the property and sales tax generation.
Asst. City Manager Carter stated that we do not have information for that study but the reason the previous staff report stated that STRs significantly contribute to revenue base is because people do tend to spend money while they are on vacation versus residents who buy in grocery stores that are exempt from sales tax.
Mayor pro Tem Beckmeyer understands the discrete nature of how much we collect in fees (i.e. business license fees, short-term rental permit fees, and temporary occupancy) attributable to short-term rentals. She thought those were discrete numbers that would be relatively easy to verify. She stated it seems like we do not have a hard data source for sales tax.
Asst. City Manager Carter said, even if you exclude the sales tax entirely from the equation, it is still close to $2 million a year.
Councilmember Boles stated we increased the fees because the enforcement was costing so much money and previous staff reports said the fees were still not covering the enforcement, short about $40,000 or so, but she asked what is included in what we are counting for that. She stated that we are paying HdL and our staff and those are not necessarily accounted for because they are not being billed to the city and she asked how we know what the enforcement is costing.
Asst. City Manager Carter stated that we tried to address this question in supplemental questions and answer to Council earlier today. She stated to estimate the full direct and indirect impact of the enforcement, we need to do the full study; typically, what we do is cost allocation plan and the user fee study which we already have on our strategic plan to start the project in the last quarter of the year. She stated that is why we were trying to be careful in estimating; we knew for sure the increased STR fees does not cover 100% cost of enforcement because it
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does not include legal costs and everybody’s time to go through the process. She stated that is why, when we proposed this fee, we were confident, while it does not include 100%, it is close enough to fund additional code enforcement positions and that is what they asked the council to do. In order to estimate the full cost of enforcement, we have to go for the cost allocation plan and full analysis of the user fee study which is in our work plan.
Councilmember Boles understands but she finds it frustrating when people say STRs are making all this money and they do not have the full information. She wanted to point out that, on the letter from Airbnb, in packet page 120, it says the typical host in Pacifica has guests for a little over three months a year, and staff said that most of the properties are unhosted; if that is true, and if HDL is collecting this information, how do we know how much a particular unit is being rented in a year. If it is only three months of the year versus the resident living there 12 months a year, are we gaining more money.
Asst. City Manager Carter stated that what was done over the last year was we modified the STR permit application to include this question. The full information of how many STR permits of properties are hosted and unhosted would be available after the renewal as we do not have the full data. As far as the average occupancy rate, she thought HDL could add a few points.
Mayor pro Tem Beckmeyer called for a break. She then resumed the meeting.
Mayor pro Tem Beckmeyer opened public comments.
Gary Furlong, Pacifica, stated his thoughts on unhosted STR as for-profit businesses i.e., a hotel where a home used to be, and asked that we reclaim those homes for residences, not hotels.
Kate Chinca, Pacifica, shared her disagreement with Pacifica for Responsible Tourism and asked to know what eight ordinances that were reviewed and the successful cities that managed to make this work under the leadership of which individuals.
Gary Chinca, Pacifica, shared his concerns on the problems with the STR on their street and asked who inspects the buildings regarding requirements for commercial businesses, including handicap access, and suggested that we do something or get them out of Pacifica.
Wolfgang Fernandez, Millbrae, stated that they have been investing in real estate in Pacifica for the last 15 years and they have one STR. He stated that in all those years they only had one complaint of an unauthorized party and they cancelled the reservation. He shared their financial contribution to the city and their support for visitors as well as the community.
Pat Gonzales, Pacifica, stated he has a short-term rental directly across the street from his home and he shared some of the problems they experienced. He asked for a moratorium freeze on permits until they can find out how they want to address these codes.
Jeff Jones, Pacifica, mentioned that for four years, his life and his neighbor’s lives have been invaded by a Canadian-operating an illegal STR to make money. He shared his concerns on this issue and lack of city consequences due to their behaviors.
Randy Maynard, Pacifica, shared his concerns on three STRs that are adjacent to his home.
Bob O’Donnell, Pacifica, shared his concerns on the financial issues with STRs in their
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neighborhood and felt there needs to be change, adding that other cities have addressed this.
Gina Rosales, San Francisco, stated that her family turned their childhood home into a shortand medium-term rental to keep the house in their family financially for generations and allowing them to return and spend some times enjoying Pacifica and she asked that Council not outright ban the use of short-term rentals.
Lynn Shimamoto, Pacifica, expressed concerns about an STR on Barcelona regarding safety and welfare hazards, and she concluded that we must do a moratorium until we can enforce safety and welfare rules.
Georgia Berry, Pacifica, stated she lives across from the STR on Barcelona and shared her concerns on the safety issues with this STR, especially regarding access for medical emergencies, and asked that Council take care of this STR problem immediately.
Jen Hansen, Pacifica, stated she has been collecting data for about three years and specifically shared her thoughts on Council’s priorities to address, i.e., unhosted definition, fine structure for disturbing the peace calls, and safety checks.
Judy Surmaitis, Pacifica, shared her concerns on how STRs can change a neighborhood such as what has happened in her neighborhood with limited parking and she asked Council to suspend the STRs.
George Surmaitis, Pacifica, stated he is familiar with how STRs operate and shared his concerns on how neighbors on either side of STRs are impacted, especially regarding cars and emergency vehicles, and shared that long-term owners are the ones invested in our community.
Carolyn Harrison, Pacifica, shared her decision to be the owner of a hosted STR and her effort to become proactive on data about the renters and making sure they abide by rules.
Arlene Zhao, Pacifica, stated she has hosted an Airbnb for five years, and they never had a single party disturbing neighbors, sharing the policies she has for their guests as well as the safety standards of the facility. She shared her thoughts on rules needed for bad actors.
Albert Zhang, Pacifica, stated he sometimes rents his house as unhosted Airbnb, and shared his personal positive experiences with Airbnb, and he questioned why Council would want to take this away.
Russell Jones, Pacifica, stated that at a previous meeting he shared his and his husband’s unhosted Airbnb, where they often rent when they are traveling or need extra money for improvements. He shared his concerns about the matter being decided without their input and questioned the kind of community they are trying to build. He then emphasized the financial importance of STRs on the economy.
Alex Vardekostas, San Francisco, stated he is an STR host who lives in the Castro and cares about the neighborhood and the neighbors and has never had a single complaint. He stated that he supports the city staff’s recommendations and a lot of discussion on attacking bad hosts.
Pam Raymond, Pacifica, stated she is confidently urging Council to adopt an ordinance that allows responsible operators of STRs to operate within limitations of a robust revision of the current ordinance as they need a balanced approach and shared all her specific concerns and
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her willingness to see more who responsibly host short-term rentals.
Maritza Longland, San Francisco, stated she has two houses she rents out, and she travels a lot and cannot afford to spend more money on hotels, and she is concerned about economic discrimination and gentrification and being pushed out as a native of the Bay Area. She feels they need access for all and her host asked her to come on behalf of her and she shared her thoughts on Council considering the morality of pushing out people who cannot afford hotels.
Elda Kong, Pacifica, stated she and her husband have been hosting an unhosted STR in the past with 11 months without any complaints. She shared why they bought a home in Pacifica initially and then they moved across the bay but they want to come back, so STRs is the only way to keep up with the mortgage and property taxes. She stated that visitors love Pacifica and STRs are an affordable option for families. She hopes they can find a balance and get together to get the bad actors out.
Dale Carlson, San Francisco, stated he began working on STR regulations in 2013 and succeeded in San Francisco and now advises cities in Canada and Europe on how to adopt the San Francisco model. He shared his thoughts on Airbnb and STRs, including economic activity and platform accountability.
Anna Tong, Pacifica, stated Mr. Carlson was a paid lobbyist by hotel unions. She is a STR host and she has for the past three years welcomed visitors from around the world. She provided her perspective on why they should continue to allow unhosted STRs and encouraged Council to look into regulations such as fines for those who do not follow the rules.
Wayne Thai, Pacifica, stated he has one unhosted STR in Pacifica. He purchased the home in 2019, remodeled it, then had to move across the bay for family reasons, and they depend on STRs to break even on home costs. He agreed that some STRs are terrible and stated he is a responsible host. He stated the issue is about bad STRs and some ordinance revisions staff is proposing could reduce those bad apples and support the good hosts following the rules.
Bryan Reinero, Pacifica, asked Council to follow up with staff and City Attorney about noncompliant residences and the imminent dangers which would result from unknowing customers, thereby possibly allowing for a moratorium. He urged the city to eliminate all those negatives and fix the problem before a tragedy happens.
Lyla Reinero, Pacifica, stated that, in 2019, the house across the street from them was purchased by a corporation that turned it into a full time STR, and they are operating 15 STRs in Pacifica. She shared her concerns living across from this revolving micro-hotel and was skeptical of the three-strike idea. She questioned why the corporation at 400 Belfast has not been red-tagged and shut down.
Wendy Yun, Pacifica, stated she bought her house in Pacifica two years ago, but her job changed and they had to rent out their house to make sure they can come back in the future, and she hires local people for caring for their home. She wants the city to continue supporting unhosted STRs.
Andy Meiman, Pacifica, stated he supports hosted STRs and mentioned what the unhosted STR owners talk about happening also happen in hosted rentals. He then commented on parts of the staff report that need work, i.e., net financial analysis and platform accountability and suggestions for changes.
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Joanne Gold, Pacifica, stated she submitted written comment with examples of negative impacts from living across the street from full-time unhosted STR, and she wanted to talk about the owner operators of multiple full-time unhosted STRs running full time as hotels. She encouraged Council to direct staff to put in restrictions on unhosted STRs that other cities have done so far.
Hanna Steinbach, Pacifica, stated she is a host of a STR for more than 13 years, not only in Pacifica, and she is an attorney. She cited examples of bad experiences with unhosted STRs and explained that was why the majority of residents do not support allowing unhosted STRs.
She asked for a balanced approach, such as 90 days for unhosted STRs, and asked about the biased nature of data from Airbnb.
Sophia Chang, Pacifica, stated that they purchased a home in Pacifica two years ago to retire here, and while they are not full-time residents, they have spent a lot of time in Pacifica. They are STR hosts and asked Council to allow short STRs as well as provide enforcement against homeowners and hosts that do not follow rules.
Mike Kahn, Pacifica, stated that more robust regulations and enforcement will go a long way towards weeding out illegal, unpermitted units, as well as nuisance properties. He liked the staff recommendations but questioned why the one issue he raised at a previous study session, i.e., request to allow ADUs, attached or detached, to be eligible as STRs within the permit cap, was not included. He thought fees should be commensurate with the size of the rental.
Stephanie Robbins, Pacifica, shared her concerns regarding full-time unhosted short-term rentals which turn neighborhoods into commercial areas. She encouraged Council to look at neighboring cities for solutions to the problem.
Stacie Parrish, Pacifica, stated she cleans Airbnb homes and that has been her job for living expenses since COVID-19 and she shared her thoughts on the benefits of renters.
Cheryl Greene, Pacifica, stated she was speaking for her husband, Alan Greene, and shared his comments on this issue, adding that he is a fan of STRs managed by locals that neighbors can connect with if there is a problem. She then spoke on her thoughts on Coastal Commission requesting that the city put a moratorium in place until they resolve their issues.
Cate Cavendish, Pacifica, stated she is a STR owner but she has not rented it out for one day.
She shared her thoughts on the financial impacts of STRs and resented lobbyists of hotels that are sending out emails and calls to local residents to act on keeping Pacifica safe by getting rid of STRs. She shared the positive experiences she had with STR renters and asked to work together to get the bad apples out.
Robert Georges, Pacifica, stated that there are three unhosted STRs on his street but they are not on Airbnb. He shared data on Airbnbs, which do not include enough of the active listings in Pacifica. He questioned the value of an Airbnb for three months of a year vs. a local resident for 12 months of a year.
Connie Menefee, Pacifica, shared the negative aspects of an unhosted STR run by Marbella Lane. She respected the city’s effort to try and make the city function, but she felt this staff report makes too many concessions and she encouraged Council to strengthen the ordinance.
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Cindy Abbott, Pacifica, stated that balance was always on the mind of the grassroot organizing effort of Pacifica Homes Are Not Hotels. She cited the Coastal Commission hearing on Pacifica’s STR ordinance, shared her thoughts on the issue of hosted and unhosted rentals, and mentioned what many local representatives in the county have done to stop the bleeding of housing units to more STRs and suggested that Pacifica get it done as other cities have.
Caitlin Quinn, Pacifica, stated she is a member of Pacifica Homes Are Not Hotels and she had a lovely meeting with Mr. Thai and stated it was not true that they are not willing to speak. She then shared her experiences regarding many instances of problems with the STRs. She thus asked the city to place a restriction on unhosted STRs which every other city has done.
Councilmember Bigstyck moved to extend the meeting to 12:30 a.m.; seconded by Councilmember Bier.
City Clerk took a vote by verbal roll call.
EXTEND MEETING TO 12:30 AM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
Dian Emerson, Pacifica, quoted the staff report regarding “the goal of the STR program is to balance it with risk, needs, and quality of life of residents of Pacifica,” which is a strong responsibility for Council. She then shared the obligation of Council for the needs of the residents of Pacifica is critical, not for the tourists. She asked for an increased perspective on the needs of the residents regarding STR rental enforcements.
Igor K., Pacifica, referred to the financial impact of STRs and shared his concerns on the process and obligations of those receiving permits for STRs and the need for enforcement requirements that work, asking that we not become Palm Springs with blocks of STRs.
Haroldo Daltin, Pacifica, stated that around his house are nine units of Airbnb and reminded all the unhosted owners present that Pacificans live here every day and shared his concerns on this issue regarding safety and that STRs do not add anything to the community.
Sharon Cao, Pacifica, stated she has been a STR operator for six years and she cares about the community and ensures a positive relationship with her neighbors to prevent issues. She shared her screening requirements to avoid troublemakers and party guests. She believed STR operators should host a community meeting to discuss challenges and host with compliance and cooperation within the community.
Peter Garenani, Pacifica, compared economics between Pacifica and San Francisco and referred to multiple studies showing unhosted STRs do not bring money into cities vs. long-term residents spending money every day. He questioned the financial numbers in the staff report as well as the noncompliance of STRs.
Noah Suarez-Sikes, Los Angeles, stated he is involved with the organizers of Better Neighbors LA and believed that home sharing and hosted only STRs is the best balance to protections for long-term housing and affordable coastal access for visitors. He suggested that
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the city’s recommendations are insufficient to properly regulate the growth of STRs.
Suzanne Moore, Pacifica, wanted to address justification for a moratorium on STRs and shared that Pacifica lacks the data to quantify the impact STRs have on the housing affordability crisis. She stated everyone deserves safe and affordable housing and suggested they create and effectively manage an STR ordinance.
Janeen Marquardt, Pacifica, stated she has lived here for 30 years and her STR helps her to be able to afford to stay in Pacifica. She raised concern on the permit fee for hosted and unhosted and the challenges it brings to their income as a smaller business.
Betty Duran, Pacifica, stated she is befuddled on the STR dilemma but she thinks the problem is caused by bad actors who need consequences and is becoming more complicated every day.
Erin Macias, Pacifica, referred to two of the STR owners who lived in a rent control city and argued against Pacifica’s proposed requirement. She stated Pacifica lacks enforcement and supported a ban on full-time unhosted STRs. She also questioned Council’s vote on allowing Mayor Vaterlaus’ participation via Zoom and the parliamentary issue of the hybrid participation.
Tom Dennison, Pacifica, shared his concerns about cumbersome rules to prevent developers from making a profit in several locations and then referred to suggestions on unhosted STRs being accommodated which he supports as a frequent user of STRs and he asked what the plan was to make up for revenue lost if they stop unhosted STRs.
Sam Casillas, Pacifica, questioned the revenue numbers from Airbnb which were unverified.
He shared his concerns and thoughts on out-of-town corporations stealing Pacifica’s culture and neighborhoods.
Cherie Chan, Pacifica, shared her thoughts on the issue, such as the numbers do not make sense and the feedback from the community’s remarks on unscrupulous STR owners. She thanked Council for working to make a better Pacifica for all residents.
Nicole Larson, Pacifica, stated they loved their home and shared that they had to turn their house into an STR for multiple reasons. She then shared her thoughts on the issue of STRs needing to be regulated and added that they are good business for Pacifica.
Mayor pro Tem Beckmeyer closed public comments.
Asst. City Attorney Bazzano stated she wanted to address the comment regarding Mayor Vaterlaus and whether someone was in her location. She stated that, under AB 2449, the member must publicly disclose before any action is taken whether any individual, 18 years of age or older, is present in the room at the remote location with the member and the general nature of the member’s relationship with any such individual. She stated that Mayor Vaterlaus, at the start of the meeting, indicated that her husband was in the house but not in the room at that moment, and Council might want to check in with Mayor Vaterlaus to determine whether her husband is still in the house and with her; ultimately, the Council is not taking any action during this study session so that provision would not apply for the study session portion. She stated that Mayor Vaterlaus can participate in the study session discussion.
Mayor Vaterlaus stated her husband is still in the building in a different room than she is located.
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Councilmember Bigstyck stated good policy is born of good analysis and paying attention to what the community needs are. He stated that he has a girlfriend who has spent substantial time living in San Francisco and she would be happy to inform anyone who has interest that it is her impression as somebody who spent years living in San Francisco that the average San Francisco resident does not leave their neighborhood, let alone the city, which might account for some of their economic study. He stated that, unlike San Francisco and Pacifica, if we want services, often we must leave the city to accomplish that. He will concede is that what we do not have in front of us is an economic study to verify one way or the other. Regarding one of the speakers, he has talked to people on both sides of this question and tried to do his due diligence. He agreed with one of not many speakers who are in favor of hosted STR units. He emphasized those who have provided a service through hosting their STRs in an unhosted fashion. He referred to a family house that he may rent out as a long-term rental and that is his basis for comparison. He stated what his perception is as somebody who has actively spent upwards of six years working on some of the planning documents that come before Council. He stated that as a city person working on planning documents, it occurs to him, as a community and decision makers, we get to try and figure out the best way for our town to develop. He hears what the STR operators are saying and believes in good faith that some of them are good at what they do and are providing a good experience for the people utilizing their services. He keeps coming back to the reason why we engaged in all that planning is, in the place where a house has been built, it is because we want it used as a residence. He stated that we engaged in a planning process, not that a hotel unit could be embedded in a residential neighborhood.
Councilmember Bier stated that there were a couple of things she would like to have responses to that came from public comment. One was about ADUs. She asked if we can give some explanation of why ADUs cannot be used as STRs.
Sr. Planner Harkousha stated her understanding is the reason we prohibited STRs in ADUs is because ADUs are used toward our total unit count for residential units in the Housing Element and we would like to reserve them for residential use only.
Councilmember Bier added ADUs are naturally affordable.
Sr. Planner Harkousha responded affirmatively.
Councilmember Bier stated that there was another comment about the Coastal Commission meeting and a moratorium request. She knows Asst. City Manager Carter was at that meeting and Acting Dep. Director Cervantes was there as well. She asked if they can let Council know what happened at that meeting.
Acting Dep. Director Cervantes was at the meeting on June 13 where the Coastal Commission certified the city’s cap and during the discussion on the city’s cap, there was some questions regarding limiting the application of STR permits. There was never any direction from the Commission itself, but there were a few questions and comments from individual commissioners. She stated that the entire Commission never gave the city any direction to continue with the path of the moratorium.
Asst. City Manager Carter added that, during the discussion, the Coastal Commission confirmed that any specific directions would have to be brought back to Council and staff could not agree to any additional directions like a moratorium or any additional policy directions.
Councilmember Boles asked how late are we going and how much can we realistically
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accomplish at this meeting. She stated that Council may need some time to go through this whole report and give staff all the direction. She is interested in what can we do now to increase enforcement and if there are things we can do in the application to control some of the bad actors and things like parking requirements. She heard complaints about that and staff is talking about doing a site plan and limiting parking to what is allowed by the Municipal Code and how the house will fill it. She would like to know what kinds of things we can do now that would make a difference to the community immediately.
City Manager Woodhouse stated that a lot of the requirements about the program will need to be ordinance revisions. He stated that the permit application that we are working on with HDL is more of a mechanism to request information from the applicant; if there is input about the information Council wants them to request on the permit application, we could build that into the application. He will turn to staff about any other ideas about what could start now.
Asst. City Manager Carter stated that the input we requested today was to provide the initial take for the administrative policies. She referenced when Council talked about reducing the timeframe to bringing a property into compliance and defining in the implementation procedures the workflow for violations.
Councilmember Boles thought we could start with those. She has some other questions of things they might be able to add to the application if Council is willing.
Councilmember Bier thought it might not be just the application, but we need to be able to collect data from the platforms that are telling us how many people are in the unit.
Councilmember Boles stated that she wanted clarification on that too as to what HDL can give that will help us with some of these enforcement issues.
Councilmember Bier would imagine that would come from the platforms too. She thinks that is important because a lot of what was said in the staff report was we will not be able to enforce it because the data is self-reporting. She is feeling passionate about it as we need to create a data system so we can collect all the data and there can be enforcement.
Councilmember Boles stated that when she read the staff report, people were suggesting that we look at Half Moon Bay’s ordinance; she read it very carefully and she met with their Asst.
City Manager John Dougherty. She stated that HMB had fewer STRs before their ordinance went into effect (48 before COVID-19 and now up to 70). The TOT before the ordinance was $218 and it is now $505 and they increased their TOT percentage as we are proposing to do as a ballot measure this year. She stated that they have more hotels so their total TOT is $8.2 million and their TOT from STRs is only $5.05 million. She stated that, proportionately, it is not that different when you look at the number of houses versus the number of TOT. She stated that they do have a primary residency requirement. She stated that their laws are strict and well-written, and they have a two-strike policy, which includes lying or misrepresenting something on your application. She stated that just having those laws where people know that they can be called out and lose it brings them better into compliance. She stated that the other thing HMB does is they notice the public. She stated that is something she would like to add to the application along with a diagram of parking to show where parking is, a diagram of the rooms, etc. She stated that they have only been in operation for a year and they have not yet had to revoke any permits, and now looking at enforcement of two but, in reality, their ordinance is working.
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Mayor pro Tem Beckmeyer stated her original recollection was that there was an unlimited number of nights for a hosted STR and no limitation on the number of nights one could rent out, whereas, with unhosted, the maximum number of nights was 60 days, and she believes that came from a negotiation and a presentation to the Coastal Commissioners themselves. She pointed out the fact that Half Moon Bay’s entire city is in the coastal zone unlike Pacifica and whatever the Coastal Commission decides affects the entire city. She recalls that there were a series of negotiations and discussions between Coastal Commission staff and city staff and they could not come to terms on the number of nights and the Coastal Commission staff was asking for 180 nights and the city did not want that many nights and they had come to terms and adjusted to 120. The Coastal Commission staff did not believe Coastal Commission wanted 120 and they thought they wanted more and they could not come to terms and brought the item forward to the Commissioners with that one decision unmade. She stated that, upon robust discussion, the Commissioners voted to have it be 60 nights. She offered that as Half Moon Bay has come up so many times in reference in our community and because they are so close to us. She had a question about inspections. She understands that, presently, the way our ordinance operates, it is a self-inspection; when you want to have an STR and you fill out your application, there are certain requirements and you attest to them. She asked if you need to submit a drawing with your application to show the layout of the property. She asked if you need to submit any information about square footage, number of bedrooms, etc.
Asst. City Attorney Bazzano stated that the requirements are that the applicant submit an application and must complete the application on a form provided by the city, accompanied by a fee established by resolution of Council. She stated that the form itself is not described in the code and the application would be up to the city to prepare. The property owner must consent if the applicant is a tenant and he/she must demonstrate written consent to the property owner and there must be some contact information and the applicant must provide current contact information to the city and information regarding advertising platforms to be used. Then, there is guest safety as the STR must have a smoke detector, carbon monoxide detector, and fire extinguisher and the applicant must submit a signed safety declaration in a form prepared by the administrator to be kept in the property file at the city.
Mayor pro Tem Beckmeyer stated the form also says you need to have a diagram of exit and fire extinguisher location posted on site but you do not have to submit that as part of the package. She stated a diagram under item 8 where it says that the applicant will provide information to get a diagram of exits, fire extinguisher locations, police and fire contact numbers, etc. She stated that the drawing they need to submit that stipulates that they understand and will do that does not need to be submitted to the city as it is part of the application package.
Asst. City Attorney Bazzano stated not that she is aware of. She stated that it just says that the short-term rental permittee must provide the following materials electronically to any guest before arrival and make available printed materials on site for the guests with the following information and it identifies the various requirements for the package: A diagram of exits, fire, extinguisher locations, fire and police contact numbers, permittee’s contact information, city’s noise regulations, and the city’s social host liability ordinance.
Mayor pro Tem Beckmeyer stated that we heard from staff that there are suggestions about ways we wanted to update this application form. She would ask staff to point out where it is being improved to address the kinds of issues that we have been hearing about throughout the course of this evening.
Asst. City Manager Carter stated that she attached the old application that had only eight
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questions and the new draft has 13 different questions. She also stated that we do not have the required inspection of each unit and we only go inspect when we see complaints and code enforcement needs to investigate.
Mayor pro Tem Beckmeyer heard many times that there are suggestions that there are a number of homes being operated as unhosted STRs that have bedrooms listed that did not formerly exist when someone lived in the neighborhood before it was sold and she thought it would be pretty straightforward to check building permit to determine if a 4-bedroom house that was formerly a 2-bedroom house has had work done to it. She is not understanding if that is part of their process or not.
Asst. City Attorney Bazzano stated that it sounds like she is asking if the city could initiate a code enforcement investigation based on an application, i.e. if we have an application for an STR that has the location list five bedrooms, but the city has records indicating the house used to be two bedrooms, could the city initiate a code enforcement investigation to determine if those improvements were appropriately made with the proper building inspections and permits, etc. She thought the answer was yes that the city could initiate a code enforcement investigation; the difference is that an inspection of the home is not currently required in the code for STR permits and we could not require it as part of the STR permit process now at this time. There could be that the city inspects the property as part of the code enforcement process but not as a part of the STR permit.
Mayor pro Tem Beckmeyer understood. She stated that, with regard to code enforcement, we can conduct an inspection of the basis of a complaint. She stated that the information just now involved an application but she also wondered about complaints.
Asst. City Attorney Bazzano stated that the city can investigate and respond to complaints of building violations. The city usually would request that the property owner voluntarily grant the city authority to inspect but, on those occasions, where the property owner does not voluntarily grant the city the authority to inspect, we could take other measures to get approval from the court to inspect the property, if necessary and warranted.
Mayor Vaterlaus thought, with the regulations we have regarding bedroom and cars, the majority of people who are renting STRs would abide by those rules. She stated that, even if we may not be able to enforce them all, the fact that we have the rules will have people abide by them. She stated that, regarding the three strikes provision, she agrees that STRs should be out except for certain cases; she gave the example of the property on Belfast that does not abide by code and therefore should have one strike without being allowed to rent or continue to use that property. She thinks that many STR operators generally follow the rules, hence the three strikes. She suggested putting a limit on the number of days for unhosted STRs, such as 120 days. She stated that realtors are not allowed to determine who they sell a property to.
She wonders if it is an issue when we have one corporation that owns 15 different properties, as they appear to be one of the major bad actors. She stated that another item is that we allow for notice with 24/7 that someone respond within 30 minutes of phone calls and or an hour; she asked what if you are a neighbor and the garbage got left out on a Monday when garbage is not picked up until Friday; you want to have access to the person who is either managing it or owning that property so you can call them directly. She stated that there are so many items involved in all of this and it is interesting to listen to all the people on both sides because there are good players and bad players.
Councilmember Bigstyck agreed, especially regarding deterrents. He thinks, if we have
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regulations on the books, we can enforce them and then someone looking to create their business in town will look at what those regulations are. He referred to packet page 110 regarding onsite inspections prior to issuing an STR permit. He believes it is part of Half Moon Bay’s ordinance.
Mayor Vaterlaus agreed and thought that the STR owner should pay for that inspection.
Mayor pro Tem Beckmeyer asked how would inspections work on those kinds of permits in the city and who pays for that inspection.
Councilmember Bigstyck asked if we can differentiate between the fees for hosted STRs and fees for unhosted STRs.
Acting Dep. Director Cervantes stated that it is typically not the practice of the city to inspect for business licenses, but we do inspect for home occupation permits and that is included in the fee for that permit.
Mayor pro Tem Beckmeyer asked for clarification on the home occupation permit and the required inspections for when people apply for it.
Acting Dep. Director Cervantes, stating that for home occupation permits, the home occupation ordinance requires that very limited space in the single family home or residential unit is used for the business and, in order to ensure that, prior to issuance of the home occupation permit, Planning staff conducts an inspection.
Councilmember Bier agreed with much of the conversation, such as two people per room and the three strikes. She believes it should be 60 days for unhosted STRs. She is concerned about differentiating the corporate buyouts from our local property owners. She asked how we can put something in place that differentiates the two. She mentioned “one permit per natural person”. She wanted to honor those who came to this meeting and are doing the right thing and being good neighbors. She also wants to talk about the multi-unit housing that are naturally affordable apartments. She does not think we should allow that as it is not fair. She stated that the staff report says limiting it to one STR per multi-family residential building with five or more units.
Councilmember Bigstyck thought we could make that whatever number of units in a multi-family that we would like, such as two units.
Mayor pro Tem Beckmeyer stated she does not understand what he means.
Councilmember Bigstyck stated that the idea is that, if it is five units, only one of them could be an STR. He stated that, instead of a building with five units, you could do that with a building with fewer units, such as with two units, you can limit it to one of them being an STR.
Councilmember Bier stated that she can see that if it is a duplex and you have the property owner living in one and they rent the other one out. She stated the importance is the local property owner piece.
Councilmember Boles asked how we can limit corporations owning multiple units, such as can we limit it to one permit per person. She sees that the application has changed and she thinks changing “applicant’s name” to “owner’s name” is a good first start.
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Asst. City Attorney Bazzano thinks the concern is that corporations are identified as persons as well, and she noticed that Half Moon Bay’s ordinance did not seem to define person, so there is a problem of what a person is. She stated that we do not want to adopt ordinances where there is ambiguity or inability to enforce. She stated that the staff report also points out that many individuals hold property now as corporations or as LLCs and it is not uncommon for families to own a property as an LLC because members collectively come together to own a piece of property. She stated that is an issue, but if we are trying to avoid permittees holding multiple properties, which she thinks is the concern with a corporate entity holding multiple properties in Pacifica, we could limit how many STR permits a permittee can hold.
Councilmember Boles questioned if a permittee is a corporation.
Asst. City Attorney Bazzano explained that we would include in the definition of person a corporation, as a person can be anybody.
Councilmember Boles understood, but stated that, when developers are building something, they will make an LLC to build that one building and then it is a different LLC for the next building, so it could still be one corporation but with different LLCs.
Asst. City Attorney Bazzano agreed, and she mentioned that we had a similar problem with the cannabis regulations, as there was concern about how the ownership would be held and whether there would be players coming in through an LLC and shifting ownership without the city realizing that the ownership has been shifted. She stated that Council adopted regulations addressing those specific concerns.
Councilmember Bigstyck stated, if that single entity has a cap of 60 nights that they can rent it unhosted, that might be the combination that dissuades them from wanting to create multiple LLCs to buy the various properties. He stated that on page 110, it says the city could “condition a STR permit on occupancy of the unit by at least one of the unit’s primary residents for a certain time period”. He thought that would be another element that would play into this, i.e., a number that a single entity could hold and single entity needs to be an occupant with a 60-day cap. He stated that, in the case of a multi-family dwelling, only one of those units is allowed to be STR. He thought that would dissuade whoever is holding the 15 houses from buying it up.
Asst. City Attorney Bazzano asked if he is talking about what is in the primary residence recommendation.
Councilmember Bigstyck referred to packet page 110, second paragraph: “restrictions on the number of STR permits held by a single entity could accomplish the same purpose, like San Francisco and Half Moon Bay, and the city could condition a STR permit on occupancy of the unit by at least one of the unit’s primary residents for a certain time period”.
Asst. City Attorney Bazzano answered affirmatively.
Councilmember Boles asked about the primary residence requirement, and she asked if that is going to limit corporations.
Asst. City Attorney Bazzano stated that it could limit corporations but it is not distinguishing between a natural person and a corporation.
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Councilmember Boles asked if an entity has a primary residence. She stated that, if you are filing a tax return, you have to give your address and that is your primary residence, and you cannot have two primary residences.
Asst. City Attorney Bazzano agreed, adding that we will have to find a way to address it for corporations, i.e. an individual from the corporation can be the primary resident. She stated that she understands, as there is not a direct correlation and how do we address that.
Mayor pro Tem Beckmeyer would like to address the issue of “natural person”. She stated a statement may have been made at the Coastal Commission meeting about that and they have conditions and approvals with that term being used. She does not understand why we are hesitant or think we cannot do that.
Asst. City Attorney Bazzano stated, as explained in the staff report, corporations can be persons and there are various case laws that discuss discrimination against corporations; we want to be cognizant of the fact that regulations can sometimes be characterized in a way that discriminates against corporations and that could open up the city to a potential lawsuit.
Councilmember Boles asked if we can agree we want one permit per person or entity.
Mayor pro Tem Beckmeyer stated per entity.
Councilmember Boles stated we can have the City Attorney come back on the best policy.
Mayor Vaterlaus thinks people can get around that but it is worth a try.
Councilmember Bigstyck stated from the staff report a STR permit “held by a single entity,” coupled with “condition of a STR permit on occupancy of the unit by at least one of unit’s primary residents,” would work together to act as a deterrent to that concern.
Councilmember Boles asked, regarding the application, if we can require the contact information 20 minutes by phone, 60 minutes, etc.
Mayor Vaterlaus thinks we need to, as those are important facts.
Mayor pro Tem Beckmeyer agreed. She stated it seems to her that, for maintaining their permit to operate in good standing, if the STR operator knows they are going to be unavailable, they would have someone else that could be a designated person they respond to. She did not know if we put it on the application or would be considered a strike.
Councilmember Boles thought the strikes have to be defined as part of the greater ordinance.
Councilmember Bigstyck stated like the one about lying on the application.
Councilmember Boles asked if we can ask for that on the application.
Asst. City Attorney Bazzano thinks you can ask that on the application, but the requirement about being available within 30 minutes is not specified in the ordinance. Council can ask for current contact information and someone who will be available locally but that is not a requirement in the code that somebody be available within 30 or 60 minutes.
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Mayor Vaterlaus asked if we can put it in the code.
Asst. City Attorney Bazzano stated that Council could decide that is something to include in the revision.
Mayor Vaterlaus thinks it is really important.
Mayor pro Tem Beckmeyer agreed, adding on site within 60 minutes.
Asst. City Manager Carter added that is one of the staff recommendations.
Councilmember Boles stated that Mayor Vaterlaus asked if that number can be made public or is that private information that would not be allowed to be shared.
Asst. City Attorney Bazzano stated, if we advise STR applicants the information would be made available to the public, she would not have a problem with making it available to the public.
Councilmember Bigstyck moved to extend the meeting to 1:00 a.m.; seconded by Councilmember Bier.
City Clerk Coffey took a vote by verbal roll call.
EXTEND MEETING TO 1:00 AM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
Councilmember Boles asked if we can ask for a diagram of the plan and the parking as part of this application.
Asst. City Attorney Bazzano asked if she was asking if that can be in the application now.
Councilmember Boles agreed.
Asst. City Attorney Bazzano assumed something about a diagram of the house.
Councilmember Boles agreed, i.e., diagram of the rooms showing the basic layout and a diagram of the site showing the parking with a notice referencing Pacifica’s Municipal Code.
She stated that is so we at least know what we have and what STRs are going to be problematic to meet our regulations as we define them. She added that it will also help us know if we are looking at permit records, and we see that someone provides a diagram of four bedrooms and the house is only permitted for two and then do a code inspection.
Mayor Vaterlaus stated that there are a couple of issues with that as a lot of Park Pacifica homes, when they were built, would be considered non-conforming bedrooms at this time because of the height of ingress and egress windows. They were considered bedrooms at the time they were built.
Councilmember Boles understood and stated that she was not asking about windows.
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Mayor Vaterlaus understood and added that it has to do with legal bedrooms.
Councilmember Boles stated that we would have a permit on record that it was permitted as a four-bedroom house.
Mayor Vaterlaus stated that her second comment is that she has sold several homes and she went to the city herself to get the permits and the city said we did not have any permits for that property and go back to the owner has the completed signed-off permits because so many of the houses are so old that we do not have all the records and the house she was going to consider all non-bedrooms, non-family room were permitted four bedrooms and family room.
She stated that is not uncommon.
Councilmember Boles stated that she knows it is not always there but it could help in some cases. She asked if we can ask for it.
Asst. City Attorney Bazzano stated, in understanding what she is asking for, it seems it could be incorporated as part of the application. She added that, to the extent that we would want to enforce something as a requirement of the STR permit, that would need to be in the ordinance.
Councilmember Boles understands and gave an example of the house with a code violation.
She stated that a planner looking at the application would know how many bedrooms could be permitted. She is trying to make sure we are keeping people safe. She would like those diagrams and however they are used is up to staff.
Council agreed.
Councilmember Boles referred to Half Moon Bay’s ordinance, i.e., is the unit deed restricted and do we let people rent when they are affordable units.
Mayor pro Tem Beckmeyer thought the intent in deed restrictions is often for low-income eligibility but there could be other deed restrictions.
Councilmember Boles thought we could say deed-restricted affordable units. She asked if it takes an ordinance amendment to say we cannot have STRs in deed-restricted units.
Asst. City Attorney Bazzano stated that generally we do not need to have it in the ordinance because the deed restriction itself may restrict that type of use.
Councilmember Boles asked if we can ask that question on the application to educate a person if they are trying to rent it and do not necessarily know their restrictions.
Asst. City Attorney Bazzano does not know how many units, as it seems that there are not that many units that would be subject to a deed restriction such that we should include it in the application, but we can include it in the application. She stated that there is nothing in the code that says anything about deed restrictions. She stated that it is the deed restriction itself that governs the use of the property.
Councilmember Bigstyck stated that he would love to see an analysis from staff as to whether or not there are units of seven or less in which deed restrictions exist, but generally speaking he goes to their inclusionary ordinance when he thinks what most likely is deed restricted and he
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would not mind sending that question to staff to come back to Council before including it in the application.
Councilmember Boles stated we need to have something to make sure we do not let something slip through. She asks if we can ask if they know of any existing permit violations on the application.
Asst. City Attorney Bazzano asked what kind of permit violations.
Councilmember Boles stated if there is unwarranted work or a permit violation.
Asst. City Attorney Bazzano stated that the city would have that information.
Councilmember Boles stated that she is asking the applicant to tell them the truth if they know something. She stated that the city does not necessarily have all the right records.
Mayor pro Tem Beckmeyer stated that she believes the premise addressed in the staff report is whether we should allow someone who has some kind of deficiency or violation with the city to be allowed to put forward an STR application.
Mayor Vaterlaus stated they should not be allowed. If you have an unpermitted use, you should not be allowed a STR permit.
Mayor pro Tem Beckmeyer agreed. She stated that, if you have an unpaid debt to the city or something, such as in the cannabis regulations, everything has to be clean before you can do the other thing. She said that is what she thought of when she read it, but the staff report said it is not recommended.
Councilmember Boles stated that the staff report misunderstood Council direction about that. It was saying that we cannot force permits or block permits. She wants to make sure we have a way of finding out if the owners know that there is something unpermitted. She stated that it goes to, if they lied on this and we find something else later, this gives the city a chance to revoke their permit or suspend it until you fix the problem.
Asst. City Attorney Bazzano stated that is not currently in the ordinance and that is her concern as the city has the ability to check for violations as they are reviewing the application. She added that there is nothing in the code that says we can revoke or deny a permit because they have misstated facts on their application.
Councilmember Boles wanted to give a specific example of what happened on Esplanade. A tenant was being told they were evicted because construction work was happening and they left. Then construction work started happening, including huge remodels, taking off all the drywall replacement, and replacing all the electrical, and they never got permits for the building but somehow they got their STR permit during that same time frame.
Mayor pro Tem Beckmeyer stated that should not be allowed.
Councilmember Boles asked if there are violations or unpermitted work. She stated that just asking the questions and letting them answer truthfully, then we would know whether to investigate or not since we are not doing the inspections now.
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Councilmember Bigstyck thinks putting those questions on the form gives applicants a heads up that we will likely be adjusting the ordinance that way in the future.
Councilmember Boles stated it is a way that we can hopefully start to weed out some of these bad actors while we are doing the work of finalizing the ordinance.
Councilmember Bigstyck added that we are giving them a heads up that they should start making their adjustments so that they will not be bad actors in the future.
Councilmember Bier stated for clarity that we have one permit per entity and they have to respond in 30 minutes and be onsite in an hour if something is wrong, and that means they are local. She might be okay with saying 90 days instead of 60 days. If they are local and they can only have one permit, that is her thought.
Councilmember Boles is open to considering 90 days also, but she does not think that is necessarily an argument, as you could have a representative for you to be there, not necessarily that the owner has to be there in an hour.
Councilmember Bier stated that the owner does need to be there.
Councilmember Boles stated that the owner might be traveling and she did not think that is a fair requirement, but they have to know somebody who could be there in an hour.
Mayor Vaterlaus stated that some of them could have a property manager, even if they live next door.
Councilmember Boles asked if Council majority agreed to ask those questions about any existing permit violations or unsubmitted work and if Council is giving staff direction.
Mayor Vaterlaus and Mayor pro Tem Beckmeyer agreed,
Councilmember Boles stated that we are asking, if the applicant is the owner and, if not, have a written consent of the landlord. She stated Half Moon Bay has this and it was an issue here about asking about homeowners association rules and asking if the property is part of a homeowners association and, if so, having a letter of approval from them. She stated that it came up with Pacifica View Estates, and their by-laws state that they cannot have rentals under 30 days and the one at Sky Ridge has the same regulation and someone bought it and they got their permit for STR and the HOA was complaining that they cannot do that because of their bylaws and they told the HOA to sue them. She asked what the city’s responsibility is to homeowners associations.
Mayor pro Tem Beckmeyer asked if it already says something about current homeowners.
Asst. City Attorney Bazzano stated that it says “approval of a STR permit does not legalize any use or structure not permitted by law or contract, including, but not limited to restrictions imposed by homeowners association or a lease agreement”. In other words, it is the STR permittee’s responsibility to comply with whatever homeowners association requirements are attached to the property. She stated that is typical. The homeowners association enforces their CC&Rs and any other restrictions against the homeowner and the city does not get involved in enforcement of the CC&Rs.
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Mayor pro Tem Beckmeyer thinks where we are going is that it should not be allowed to be an STR there if the HOA says no. She mentioned if we have a limited number of STR permits and we issue one there and referenced the question of whether there is inaccurate or fraudulent information in the application. She asked if the application could ask if the property have an HOA or not. If you say no and it does, then it is falsification of the application and you cannot have the STR there. She stated that, if the HOA complains, the city has grounds to say they cannot have it anymore. She stated that Asst. City Attorney is saying we would not do that.
Asst. City Attorney Bazzano agreed, adding in making a legal determination on whether they can or cannot have short term rentals in their development. That is part of the complexity of including a requirement that the city confirm that the HOA approves STRs; the city has to figure out what they are providing to us, i.e., appropriate, legal, and if one person says they can and another person says they cannot and then the city becomes embroiled in that argument. She stated that those are the policy considerations. She stated that is likely why that language was included in the ordinance.
Mayor Vaterlaus stated that it is putting the city in the middle because we are not going to interpret everybody’s HOA documents before we allow permits to be issued if they know it is not allowed. A homeowners document is 350 pages and she asked if everyone reads those when they get them. She stated that HOA’s might come up with a rule but it is not necessarily a real true rule under state law.
Mayor pro Tem Beckmeyer asked what Half Moon Bay’s ordinance say about HOAs. She is willing to leave that aside as she does not think it is frequent.
Councilmember Bier thought it would be good for Council to hear from staff like the list of directions staff heard from Council.
Councilmember Boles had one more question on the application, i.e., can a notice to neighbors be a part of the process now.
Asst. City Attorney Bazzano stated she would not recommend that, as it goes above and beyond what is contemplated in the ordinance and we do not have any parameters on what the notice requirements are, such as how far is it noticed, who pays for that, etc.
Councilmember Boles stated that we can talk about it later.
Asst. City Attorney Bazzano stated that it can be a requirement in the ordinance provisions.
Mayor Vaterlaus stated that it brings up the other point as a homeowner that you own your house. If you are allowed to rent, as she could rent every bedroom in her house to two people and not be a STR; it could annoy the neighbors equally as much as if it was a STR because everybody could have two cars that rented her house and she could rent to ten people. She stated it does matter.
Councilmember Bigstyck stated that he feels like we are differentiating between common uses of residences and STRs.
Mayor Vaterlaus did not know if that is a common use but it is allowable.
Councilmember Bigstyck believes Half Moon Bay requires 500 feet and he would recommend
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that the applicant pay for it. He referred to one commenter mentioning that their top three issues was the unhosted definition, the safety checks, and the fine structure for disturbing the peace calls. For the fine structure, the staff report goes into limits of $1,500; $3,000; and then $5,000 thereafter.
Council agreed with the staff recommendation for the fine structure.
Mayor pro Tem Beckmeyer referred to definition of hosted versus unhosted. She stated that if a person lives in their house as the primary resident and they are away, can they rent it out as an STR, i.e. they are on vacation themselves. She asked if they are allowed to rent it out for some number of days and not physically be there. She asked if they have to get someone else to physically be there. She needs to understand the nuance when we say hosted, is host on site 24/7 the whole time.
Councilmember Boles thinks hosted means someone is there the whole time, but unhosted can have a certain number of days that there is no one there.
Councilmember Bigstyck stated that staff report says hosted was defined as a host on premises at all times between the hours of 10 p.m. and 6:00 a.m.
Councilmember Boles suggested saying on the premises as we would not be able to monitor how many hours a person is there.
Mayor pro Tem Beckmeyer added if you are not there and are at work then you will not be in the house 24/7.
Councilmember Bigstyck thinks that, accounting for not specifying hours, a host is someone who is sleeping at their house at the same time that they have guests utilizing the empty room.
He stated that the point is in a 24-hour cycle, there is somebody coming and going who belongs to that house while the STR guests are present.
Councilmember Bier asked why we were differentiating.
Councilmember Bigstyck stated, if you are capping an unhosted STR to 60 or 90 days, but letting hosted STRs be whatever they will be, it is important that they have a definition in place of what that means.
Councilmember Bier wanted to be sure because she felt we addressed it with limiting corporations with one permit.
Councilmember Boles read Half Moon Bay’s definition of unhosted STR: “a STR where no resident is present in the rental during the course of the rental”. She stated that an unhosted STR should be operated no more than however many nights we decide per calendar year. She stated a hosted STR in the Half Moon Bay ordinance is “a STR where a resident who is the operator and acting as a host occupies one or more bedrooms in a dwelling unit while other areas of the unit are rented for the purpose of transient overnight lodging”. They have no limitations on the number of nights that a hosted STR may be rented and she agrees with that.
Councilmember Bier added limiting the days.
City Manager Woodhouse stated that, when we are talking about hosted and unhosted, this is
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where he wanted to mention, in terms of monitoring and enforceability, that this is based on selfreporting from the owners as there is no way to otherwise track that.
Councilmember Boles stated that, if we have the law and the neighbors know you are on vacation, we have some enforcement.
Councilmember Bigstyck stated that it seems that the operator is going through Airbnb and there is a mechanism for Airbnb could be supplying the data if Airbnb is acting in good faith and that is a start. He stated that we are trying to work with VRBO.
Councilmember Bier referred to platform accountability.
Mayor Vaterlaus thinks the neighbors will provide the proper information.
Councilmember Bier mentioned 90 days for limiting the length of unhosted STRs.
Mayor pro Tem Beckmeyer thinks that we presently have no limitations and going from no limitations to 90 days is a big cut in the way people are operating. She stated that may be what we decide they want to do, but she is thinking that the impact of that could be very strong. The notion of a few bad actors and big corporations ruining it for everyone else does resonate with her to a point, but on the other hand, the notion of a residence or a duplex that could be someone’s house all the time also resonates and it is really about what is the intent. She stated that, when we first decided to have an STR ordinance, it was because we had a visitorserving economy and we could collect transit occupancy tax and we knew there were STRs happening in Pacifica anecdotally; and because we had no ordinance, we had no basis for collecting transit occupancy tax. She felt that was the focus as it was absolutely a financial decision. She wants to fix the current situation but she is not sure what the right way is to fix it or how rapidly we can. She asked everyone on their thoughts on 60, 90, or 120 days.
Councilmember Boles stated that we do have data from about eight cities in the county and she thought 60 was on the low end and 120 was on the high, and she thinks 90 is a good intermediate number.
City Manager Woodhouse wanted to point to a piece of information that those other cities that have day limitations do not have caps on their number of STRs.
Councilmember Bigstyck stated he does not feel comfortable going above 90 days, as his motivation is he does not want entities buying up houses to put them into STRs. He does not know where the cap lies that it would not be worth it to an investor to buy a house to turn it into a hotel room.
Councilmember Boles stated that San Francisco did that analysis in 2015 as part of the documentation that was shared and it varied by neighborhood.
Councilmember Bier stated that we have not talked about density yet.
Councilmember Bigstyck stated he was inclined to not want to go above 90, given his level of uncertainty.
Councilmember Bier wants to revisit the density.
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Councilmember Bigstyck stated that it is 12:55 a.m.
Mayor pro Tem Beckmeyer referred to public comment mentioning that, if someone could not rent a home as an STR and therefore we would not collect the TOT, they could go to a hotel and rent the hotel and we would collect the TOT, but what we do not have is any information that is concrete about occupancy. She stated that some people say there is tons of room for occupancy and everyone can be accommodated at the hotels and other people say we have 90% occupancy. She does know we do not have many hotel rooms in Pacifica.
Councilmember Boles stated that a hotel does not meet the needs of a family. She travels on STRs and she stated she needs a 3-bedroom house when she is traveling and there are people like that. She does not want to ban them all as she thinks they do serve a population but not making them hugely profitable is not the point; we are helping people stay in their homes and helping people have extra income when they travel but, at some point, you can rent too many days and they are hugely profitable and you are losing more housing stock to investors and not to people committed to the community.
Mayor Vaterlaus asked if staff has direction.
City Manager Woodhouse stated that staff has direction on some of the policy considerations and it sounds like there are others that Council wants to continue to discuss. He is not sure we have sufficient clarity and direction for the City Attorney’s office and staff to spend the time and money drafting ordinance provisions but we can start. He asks if the Council’s expectation is that we are going to take this information and start collaboration with Coastal Commission staff to see what their response is; typically, they have a lot of specific Pacifica data requests they want to know. He stated that, to begin that process before they bring back ordinance revisions, that is what staff has suggested. He needs Council direction on that. If we are going to start that process but Council wants to continue to discuss other policy considerations at some future meeting, we will need to agendize that.
Mayor pro Tem Beckmeyer does not think we have had the totality of the conversation, especially with regard to jurisdiction. She stated that the Coastal Commission would certainly have an interest in knowing what we were going to talk about in that regard.
Councilmember Bigstyck asked Asst. City Attorney if this is one of those ones where we can continue this study session to a date determined or to be determined so we can continue the discussion past public comment.
Asst. City Attorney Bazzano responded affirmatively.
Councilmember Bigstyck then thinks we should continue this study session accordingly, having heard robust public comment, so we can finish their discussion.
City Manager Woodhouse stated we could potentially do that at the next City Council meeting on September 9. He stated that, for clarity, before Council makes a motion, what we would not have time for on the agenda that night is hours of public comment.
Asst. City Attorney Bazzano asked that we move to continue for five more minutes so we can have the action.
Councilmember Bigstyck moved to extend meeting to 1:05 a.m.; seconded by Councilmember
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Bier.
City Clerk Coffey took a vote by verbal roll call.
EXTEND MEETING TO 1:05 AM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
Councilmember Bigstyck stated he is asking because we are in the middle of a conversation and we should finish that conversation within the context of not looking for additional public comment but the public is welcome to send as many emails as they like and meet with Council.
Councilmember Bigstyck moved to continue this study session to a date certain, September 9, 2024; seconded by Councilmember Boles.
Councilmember Bier asked City Manager if there were some things where staff needed more direction.
Mayor pro Tem Beckmeyer stated jurisdiction, number of STRs in different jurisdictional by district or coastal zone versus not, etc.
City Manager Woodhouse stated that Council will pick that up. He stated that the goal would be to confirm all the policy considerations that Council wants built into the ordinance. Staff has some direction that he got clearly about some things to be built into the permit application.
Councilmember Bigstyck asked if we gave direction that we start the ball rolling with Coastal Commission staff now.
Mayor pro Tem Beckmeyer stated no, as we want to talk about jurisdictions first. Coastal Commission will want to know how many will be in the coastal zone.
Councilmember Bigstyck thinks that it is never too early to begin coordination with Coastal Commission staff. He thinks that is the better approach.
Councilmember Boles did not think we have said anything that deviates from the Half Moon Bay ordinance which has been approved.
Councilmember Bigstyck added that, for those things that staff has direction on, he would like to know sooner than later what Coastal Commission staff’s interest is in terms of what data they feel that they will need and, even if we should have it all defined beforehand, it would be good to know what kind of stuff they will want when we are ready to send them the package.
City Manager Woodhouse stated, realistically speaking, he did not think we were going to make any progress with Coastal Commission staff before September 9.
Mayor pro Tem Beckmeyer concluded that we will not be hearing an update from that.
Councilmember Boles stated that there were some very strong comments about economic
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Attachment: Attachment A: Minutes of 08-26-2024 Regular Meeting (5769 : Approval of Minutes) City Council Regular Meeting 36 August 26, 2024
analysis, and she asked if Council all feel like we need an economic analysis to make decisions at this point.
Councilmember Bigstyck did not know if, by September 9, staff will be able to give Council the kind of analysis we will be looking for and he does want to finish the discussion on September 9.
Mayor Vaterlaus stated that a lot of it is unknown as we do not know if visitors go to restaurants, buy gifts, or what they do or whether a person renting a house is going to have children that affects the school district financially. She stated that there is so much unknown and she did not think we can do a financial analysis.
Mayor pro Tem Beckmeyer and Councilmember Boles agreed.
Councilmember Bigstyck stated that is why he holds fast to the planning work we are doing rather than the various numbers.
Councilmember Bier moved that Council adjourn.
Asst. City Attorney Bazzano stated we need a motion to adjourn to the September 9 meeting.
Councilmember Bigstyck stated that he made the motion and it was seconded.
City Clerk Coffey took a vote by verbal roll call.
CONTINUE MEETING TO A DATE CERTAIN, SEPTEMBER 9
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Christine Boles, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
ADJOURN
Mayor pro Tem Beckmeyer adjourned the meeting at 1:04 a.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 08-26-2024 Regular Meeting (5769 : Approval of Minutes)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
Continuation of Proclamation of Local Emergency of the Pacifica Coastline from Westline Drive to the End of Beach Boulevard.
RECOMMENDED ACTION:
Accept report and make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.
STAFF CONTACT:
Roland Yip, Deputy Director of Public Works/City Engineer 650-738-3767
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
On January 22, 2016, the Director of Emergency Services proclaimed the existence of a local emergency along the Pacifica coastline from Westline Drive to the end of Beach Boulevard due to El Nino storm activity. Extreme wave heights for extended periods of time caused top-of-bluff retreat at several locations along the Pacifica coast and damage to City infrastructure. Since this date, the Director of Emergency Services has proclaimed the existence of other local emergencies along this same stretch of coastline. These emergencies are described below:
• Failure of the sea wall and promenade on Beach Blvd. (in the vicinity of Santa Maria Avenue), which have been repaired, from the January 22, 2016 storm. • The 300 & 400 block of Esplanade experience episodic bluff erosion. In recent years (2016-2018), the bluff erosion has progressed to a point where the erosion is now threatening public infrastructure and utilities.
• Undermining of a eight-foot diameter storm drain outfall and concrete headwall for the discharge of Milagra Creek into the Pacific Ocean in the vicinity of 700 Palmetto Avenue from the January 22, 2016, storm. The project was completed on April 24, 2023. • A failure of the seawall and promenade on Beach Blvd. in the vicinity of Santa Rosa Avenue and the Pier was discovered on December 16, 2020. Ocean waves, king tides, and high swells undermined a portion of the sea wall and created a large void (25’x25”) between the pier abutment seawall connection, affecting the sidewalk and promenade.
City staff and contractors stabilized and repaired the large void on January 22, 2021.
The sidewalk and promenade restoration were completed on February 22, 2021.
Monitoring of the repaired area is on-going.
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• On December 29, 2020, another failure of the seawall occurred approximately 150-200 feet north of the intersection of Beach Blvd. and Santa Rosa Avenue. A void, approximately 10’ deep by 15’ long, was found behind the seawall and was repaired with geotextiles and concrete slurry on January 5, 2021. Full restoration of this section was complete in February 2021. Monitoring of the repaired area is on-going. • On January 14, 2021, a combination of high tides and large waves damaged a forty-foot section of the Pacifica Municipal Pier’s west facing deck and concrete railing. Following this event, the Pier was closed due to safety concerns. City staff requested a structural engineering assessment of the above deck pier elements and a proposed repair and associated cost from a local engineering consultant. This information was provided to the City at the end of March 2021. The pier was reopened on April 2, 2021, but the damaged portion was fenced off for safety reasons. The City is currently moving forward with a repair project and is designing the repair. Construction will be funded by grant money provided through a Senate Bill 129. The City Council approved a resolution on December 13, 2021, to approve the application of the state grant funds for the repair of the pier and the application has been sent to the State Department of Parks and Recreation for processing. On May 13, 2022, the City received a Coastal Development Permit waiver from the California Coastal Commission to perform this work. A bid opening for the repair was held on June 9, 2022, and the City received one bid, which was $2 million above the project budget. Council rejected the bid and authorized the project to be rebid. The rebid for replacing the guardrails in need of immediate repair came in over $1.4 million and all of the guardrails at $4 million. As the project was beyond what had been funded for the project, the City pivoted to do further inspections on the pier before a sizable investment is made in fixing the guardrails, since it was prudent for the City to understand the full needs of the pier. The 2023 Pier Condition Assessment Report has been finalized and is able to be viewed at www.cityofpacifica.org/pier. In summary, the 2023 report notes that the end of the main pier and L-section of the pier is in serious condition and should be fixed within the next two years. The remaining area of the main pier is considered in poor condition and should be repaired within four years. This report does not include the new damage sustained during the Dec. 28, 2023, high tide/big wave event. The structural engineers determined there was additional damage to the piles, handrails, and deck. The structural engineers recommended limiting public access on the pier to approximately half of the main pier deck until a complete assessment be made after the winter storms. • In November of 2023, a failure behind the seawall was discovered at the intersection of Beach Blvd. and Salada Ave. A void approximately 40’ long and 12’-15’ deep (2’-7’ in width) was found behind the seawall and was repaired with concrete and cement slurry.
The final sidewalk replacement was completed at the end of December 2023. • On Friday, December 29, 2023, another failure behind the seawall was discovered at Beach Blvd. and San Jose Ave. and was temporarily plugged. The final repair was completed on January 3, 2024, with the final sidewalk section and wall completed a week later. The total repair area was approximately 300 sf. 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. • In Mach 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 3 Packet Pg. 55
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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 September 9, 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. (5763 : Continuation of "ATTACHMENT 1"
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Attachment: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (5763 : Continuation of
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
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:
John Mullin, Interim 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. 59
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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. 60
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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. The closure of the roof is now completed. Contractor continues to correct a component to the sump pump which is expected to be completed by the end of September. The project will reach substantial completion when the sump pump component is completed. Staff plans to bring a final project close out change order to the October 14, 2024 City Council meeting.
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 August 12, 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 (5762 : 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 (5762 : 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 (5762 : Continuance
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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5762 : Continuance
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
Quarterly Treasurer’s Reports for the quarter ending June 30, 2024 RECOMMENDED ACTION:
Review and accept the Quarterly Treasurer’s Reports for the quarter ending June 30, 2024.
STAFF CONTACT:
Yulia Carter, Assistant City Manager
(650) 738-7402
[email protected]
Lucy Xie, Deputy Finance Director
(650) 501-6014
[email protected]
BACKGROUND/DISCUSSION:
The City Council adopted Administrative Policy 39 - Investment Policy to reflect current law and best practices in accordance with Government Code Section 53600 et seq. The policy provides guidelines for prudent investments and efficient cash management and requires the City to provide the governing body a report regarding the City’s investment activities on a quarterly basis to ensure “compliance” with the statement of investment policy.
The investment policies and practices of the City of Pacifica are strictly based on state law and prudent money management. The investment of funds for the City is directed to the goals of safety, liquidity, and yield while meeting the cash flow needs of the City through prudent investment of unexpended cash.
All funds are invested in accordance with the City’s Investment Policy and the authority governing investments set forth in the California Government Code, Sections 53601 through 53659. The investment policy for bond proceeds is contained in the relevant bond documents approved by the City Council at the time of the issuance of the debt.
As shown in the Treasurer’s Report (Attachment 1), the City holds various investments in external investment pools and fiscal agent accounts, and they are listed at par value, cost, as well as their fair value. The par value represents the original issue amount for securities or investments purchased. There were no securities or investments held by the City that were purchased at a discount or premium, so the par value is equal to the book value. The fair market value is the current market value of the investment as of June 30, 2024. In accordance with GASB 31, the State provides a factor that can be multiplied by the City’s share of the LAIF pool to determine the market value each quarter. Other than LAIF, the fair market value of all other investments is equal to the book and par value.
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The City’s cash and investment portfolio, at fair market value, as of June 30, 2024, is $72,229,128, of which $16,483,677 is placed with the State Controller’s Local Agency Investment Fund (LAIF), $29,872,384 is placed with US Bank, $375,291 is in the PARS Trust, $248,887 is placed in Bank of New York (BNY Mellon), $2,702,353 is in Roy Davies Trust, $22,542,716 in the Tri Counties Bank operating accounts, and $3,445 in Petty Cash held by various departments. Although operating checking accounts are not typical investment accounts, the City includes those balances as part of this report to show the total cash on hand for the quarter.
The City's investment portfolio increased by $5,300,446, from $66,928,681 in the quarter ending March 31, 2024, to $72,229,127 by June 30, 2024. This increase is due to a combination of factors, including a second allocation of the property tax revenues received in the last quarter of the year, additional interest revenue accrued on CDARS accounts, better-than-anticipated revenue receipts, and lower-than-budgeted expenditures. Additionally, there were some payment delays due to the implementation of the new financial system and payment approval workflow, leading to lower-than-budgeted cash outflows, which further contributed to the positive cash flow and portfolio increase. Additional adjustments will occur in the next few weeks as part of the fiscal year-end process.
ALTERNATIVE ACTION:
There is no reasonable alternative to this informational item, as not accepting the 4th Quarter Treasurer’s Report will not change the City’s cash position as of the end of the quarter ending June 30, 2024.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This item furthers the City’s efforts toward Organizational and Fiscal Stability.
FISCAL IMPACT:
There is no fiscal impact associated with this report, but Quarterly Treasurer’s Reports detail some of the fiscal activities that directly affect the City’s financial standing.
ORIGINATED BY:
Finance Department
ATTACHMENT LIST:
Attachment 1 – Treasurer's Report 06-30-2024 (PDF)
Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (PDF) 5 Packet Pg. 67
City of Pacifica
Treasurer's Report
June 30,2024
Portfolio Summary
Par Value
GASB 31 Fair
Market Value Book Value % of Portfolio
Cash
Tri Counties Bank-General Account 22,542,716 $ 22,542,716 $ 22,542,716 $ 31.18% Tri Counties Bank-Payroll Account (4,095) (4,095) (4,095) -0.01% Tri Counties Bank-Workers Compensation Account - - - 0.00%Tri Counties Bank-Senior Services Account - - - 0.00%Tri Counties Bank-Turbo Data 10,470 10,470 10,470 0.01% City National Bank-Roy Davies Trust 2,702,353 2,702,353 2,702,353 3.74%Petty Cash - Held by various Departments 3,445 3,445 3,445 0.00% Total Cash $ 25,254,889 $ 25,254,889 $ 25,254,889 34.94% Investments
California Local Agency Investment Fund (LAIF)* $ 16,544,627 $ 16,483,677 $ 16,544,627 22.89% Bank of New York Mellon-RDA 2004 Bonds 242,887 242,887 242,887 0.34% US Bank - Money Market Fund 29,872,384 29,872,384 29,872,384 41.32% PARS PENSION** 375,291 375,291 375,291 0.52%
Total Investments $ 47,035,188 $ 46,974,239 $ 47,035,188 65.06% Total Cash and Investments $ 72,290,077 $ 72,229,128 $ 72,290,077 100.00% Date
Yulia Carter, Assistant City Manager* LAIF FAIR VAUE RATE 0.996316042 https://www.treasurer.ca.gov/pmia-laif/reports/valuation.asp The above investments are consistent with the City's Investment Policy and are allowable under current legislation of the State of California. Investments are selecte using safety, liquidity, and yield as the criteria. The City has sufficient cash flow to cover anticipated expenditures through the next six months. * PARS TRUST - PUBLIC AGENCY RETIREMENT SERVICES - INVESTS IN CAPITAL APPRECIATION FUNDS FOR THE CITY'S OPEB TRUSTAND MODERATE INDEX FUNDS 10/8/2024
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Attachment: Attachment 1 – Treasurer's Report 06-30-2024 (5774 : Q4 Treasurer's Report) City of Pacifica
Treasurer's Report
June 30,2024
Reconciliation to General Ledger
Description Bank Account # Bank Amount
TRI COUNTIES GENERAL CHECKING ACCOUNT xx0541 23,393,017 TRI COUNTIES CDARS ACCOUNT xx0424 -
TRI COUNTIES PAYROLL ACCOUNT xx6915 -
TRI COUNTIES WORKERS COMP ACCOUNT xx1341 -
TRI COUNTIES SENIOR SERVICES ACCOUNT xx5996 -
TRI COUNTIES TURBO DATA ACCOUNT xx9758 10,470
CITY NATIONAL BANK ROY DAVIES TRUST-PRINCIPAL xx5367 2,702,353 LOCAL AGENCY INVESTMENT FUND (LAIF) xx1614/xx1007 16,544,627 BNY- RDA xx0166/xx0167 242,887
US BANK - 2014 WASTEWATER BONDS 2126700 90
US BANK - 2016 REFUNDING 24952500 264,993
US BANK - 2017 WASTEWATER REVENUE BOND-PROJECT FUND 27843200 4,361,874 US BANK - 2019 TAXABLE PENSION OBLIGATION BOND 267004000-3 1 US BANK - 2021 CIVIC CENTER BONDS 249299000 4,132,923
US BANK - 2023 WW IBANK LOAN 207877539 21,112,503
PARS- PENSION&OPEB PACIFICA 375,291
PETTY CASH PETTY CASH 3,445
DEPOSIT IN TRANSIT 293,888
OUTSTANDING AP CHECKS at 3/31/24 (1,099,516)
OUTSTANDING PAYROLL WIRE (44,673)
OUTSTANDING PR CHECKS at 3/31/24 (4,095)
TOTAL ADJUSTED BANK BALANCE 72,290,077
Description GL Account # BooK Amount
CASH IN GENERAL ACCOUNT xx.xxxxxx.11000.xxxx.xxx 22,581,617 CASH IN BANK - TURBO 01.000000.11001.0000.000 10,470
CASH IN BANK - PAYROLL 01.000000.11002.0000.000 (4,095) BNY- RDA DEBT SERVICE RESERVE FUND - 2004 TAB 91.960000.11019.0000.000 133,294 BNY-RDA CASH WITH FISCAL AGENT 91.960000.11020.0000.000 109,593 CITY OF PACIFICA 2021 PROJECT FUND 22.900000.11022.0000.000 4,132,923 CASH RESERVE - 2016 LEASE PAYMENT 40.880000.11026.0000.000 264,993 RESERVE CASH-2014 WASTEWATER REVENUE REFUNDING 18.940000.11032.0000.000 90 RESERVE CASH-2017 WASTEWATER REVENUE REFUNDING PROJECT 18.940000.11033.0000.000 4,360,642 RESERVE CASH-2017 WASTEWATER REVENUE REFUNDING INTEREST 18.940000.11034.0000.000 1,232 RESERVE CASH-2019 POB BONDS 40.880000.11036.0000.000 1
US BANK-2023 WASTE WATER BANK LOAN 18.940000.11040.0000.000 21,112,503 PETTY CASH xx.xxxxxx.11100.xxxx.xxx 3,445
INVESTMENTS - LAIF 01.000000.11290.0000.000 16,544,627
R DAVIES TRUST 27.900000.11293.0000.000 2,702,353
PARS TRUSTS-PENSION 01.000000.11297.0000.000 375,291
evan Hu manual check#1121 on 7/5/24 (790)
ACH on 6/24/24 cafeteria cash on 7/5/24 (38,111)
TOTAL ADJUSTED BOOK BALANCE 72,290,077
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Attachment: Attachment 1 – Treasurer's Report 06-30-2024 (5774 : Q4 Treasurer's Report) 1 | P a g e
City of Pacifica
Glossary of Cash and Investment Terms
Agency: Federal agency securities and /or Government-sponsored enterprises.
Annual Comprehensive Financial Report (ACFR): The official annual financial report for the City of Pacifica. It includes a combined set of statements for each individual fund and account group prepared with the accounting requirements established by the Governmental Accounting Standards Board (GASB) and in conformity with Generally Accepted Accounting Principles (GAAP). It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section.
Bankers’ Acceptance (BA): A draft or bill or exchange accepted by a bank or trust company.
The accepting institution guarantees payment of the bill, as well as the issuer.
Book Value: The value at which a security or investment is carried on the financial records of its owner. This value may be the original cost of acquisition of the security or original cost adjusted by amortization of a premium or accretion of a discount. The book value may differ from the security’s current market value.
Broker: A broker brings buyers and sellers together for a commission.
California Local Government Debt: Is bonds, notes, warrants, or other evidences of indebtedness of any local agency within California. California local government debt is a permitted investment under the California Government Code. The Government Code does not specify minimum credit ratings for local government debt in which local agencies may invest.
Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate.
Large-denomination CD’s are typically negotiable.
Collateral: Securities, evidence of deposit of other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
Coupon: (a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date.
Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.
Debenture: A bond secured only by the general credit of the issuer.
Delivery versus Payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an
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Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5774 : Q4 Treasurer's Report) 2 | P a g e
exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.
Derivatives: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities).
Discount: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.
Diversification: Dividing investment funds among a variety of securities offering independent returns.
Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L’s, small business firms, students, farmers, farm cooperatives, and exporters.
Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per deposit.
Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations.
Federal Home Loan Banks (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLB is to liquefy the housing related assets of its members who must purchase stock in their district Bank.
Federal National Mortgage Association (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation’s purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages.
FNMA’s securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.
Federal Open Market Committee (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve and Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.
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Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5774 : Q4 Treasurer's Report) 3 | P a g e
Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system.
Government National Mortgage Association (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FmHA mortgages. The term “pass-throughs” is often used to describe Ginnie Maes.
Issuer: Any corporation, government unit or financial institution which borrows money through the sale of securities.
Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.
Local Agency Investment Fund (LAIF): A special fund in the State Treasury which local agencies may use to deposit funds for investment. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit to the LAIF account. The State keeps an amount for reasonable costs of making the investments, not to exceed one-quarter of one per cent of the earnings.
Local Government Investment Pool (LGIP): The aggregate of all funds from political subdivisions that are pooled together for investment and reinvestment.
Market Value: The price at which a security is trading and could presumably be purchased or sold.
Master Repurchase Agreement: A written contract covering all future transactions between the parties to repurchase – reverse repurchase agreements that establishes each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyerlender to liquidate the underlying securities in the event of default by the seller-borrower.
Maturity: The date upon which the principal or stated value of an investment becomes due and payable.
Money Market: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded.
Mutual Funds: Referred to in the Government Code, Section 53601(l) as “shares of beneficial interest issued by diversified management companies.” The Mutual Fund must be restricted by its by-laws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Bankers Acceptances, Commercial Paper, Certificates of Deposit, Negotiable Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements,
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Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5774 : Q4 Treasurer's Report) 4 | P a g e
and Medium Term Corporate Notes. The quality rating and percentage restrictions in each investment category applicable to the local agency also apply to the Mutual Fund.
Negotiable: Term used to designate a security, the title to which is transferable by delivery.
Offer: The price asked by a seller of securities. (When you are buying securities, you ask for an offer). See Asked and Bid.
Open Market Operations: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve’s most important and most flexible monetary policy tool.
Par Value: The amount of principal of a security that must be paid at maturity. The par value may also be referred to as the “face amount” of a security.
Portfolio: Collection of securities held by an investor.
Primary Dealer: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers included Securities and Exchange Commission (SEC) – registered securities broker-dealers, banks, and a few unregulated firms.
Principal: Describes the original cost of a security. It represents the amount of capital or money which the investor pays for the investment.
Prudent Person Rule: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state – the so-called legal list. In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.
Qualified Public Depositories: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the State to hold public deposits.
Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return.
Repurchase Agreement (RP or Repo): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money, that is, increasing bank services.
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Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5774 : Q4 Treasurer's Report) 5 | P a g e
Safekeeping: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection.
Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution.
Security: An investment instrument, other than an insurance policy or fixed annuity, issued by a corporation, government, or other organization which offers evidence of debt or equity.
Securities & Exchange Commission: Agency created by Congress to protect investors in securities transactions by administering securities legislation.
SEC Rule 15C3-1: See Uniform Net Capital Rule.
Structured Notes: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations which have imbedded options (e.g., call features, step-up coupons, floating rate coupons, derivative-based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve.
Treasury Bills: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.
Treasury Notes: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to ten years.
Uniform Net Capital Rule: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among member of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
Yield: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
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Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5774 : Q4 Treasurer's Report)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
Adopt a Resolution to Authorize Continued Funding Applications for FY 2024-25 with State of California Dept of Education and California Dept of Social Services for Child Care and Development Services
RECOMMENDED ACTION:
Adopt a Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving Agreement to This Transaction with the California Department of Education and the California Department of Social Services for the Purpose of Providing Child Care and Development Services and to authorize the Designated Personnel to Sign Contract Documents for Fiscal Years 2024-25.”
STAFF CONTACT:
Scott Leslie, Director, Parks, Beaches and Recreation
(650) 738-7387
[email protected]
Tracy Gilbert, Recreation Supervisor
(650) 738-7388
[email protected]
BACKGROUND/DISCUSSION:
Child Care Services is in an annual contractual agreement with the California Department of Education and the California Department of Social Services to provide subsidized Child Care.
Council action authorizing staff to have on-going responsibility and authority to work with the California Department of Education and the California Department of Social Services regarding the program’s contracts is required. Currently, Recreation Services Supervisor Tracy Gilbert has this authority and will continue to facilitate this process. This includes: processing the annual Continued Funding Application, submission of monthly/quarterly requests for reimbursement, attending semi-annual and annual training sessions and authorizing families to receive subsidized care.
The California Department of Education and the California Department of Social Services request a Council resolution authorizing participation in the 2024-25 contract documents, the Continued Funding Application, and all related contract documents and naming an authorized representative.
ALTERNATIVE ACTION:
Council could give direction on alternative ways to fund the program.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
6 Packet Pg. 75
Pacifica City Council 2
October 14, 2024
This action helps to support youth services, which is a component of A Healthy and Compassionate Community
FISCAL IMPACT:
Annual contracts from the California State Department of Education for providing subsidized Child Care at Sunset Ridge, Vallemar, Ocean Shore and Cabrillo, are the General Child Care contract of $1,204,006 and the California State Preschool contract providing care at Fairmont West with a contract of $336,126. The expenditures and revenues related to these contracts were included in the Fiscal Year 2024-2025 budget. No additional budget authority is needed.
ORIGINATED BY:
Parks, Beaches & Recreation Department
ATTACHMENT LIST:
City of Pacifica 2024 CCTR-4310-00 (PDF)
City of Pacifica 2024 CSPP-4510 (PDF)
6 Packet Pg. 76
Pacifica City Council 3
October 14, 2024
RESOLUTION NO. ___-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING
AGREEMENT TO THIS TRANSACTION WITH THE CALIFORNIA DEPARTMENT OF
EDUCATION AND THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR THE
PURPOSE OF PROVIDING CHILD CARE AND DEVELOPMENT SERVICES AND TO
AUTHORIZE THE DESIGNATED PERSONNEL TO SIGN CONTRACT DOCUMENTS FOR FISCAL YEAR 2024-25
BE IT RESOLVED that the Governing Board of the City of Pacifica authorizes entering into this agreement to this transaction and that the person/s who are listed below are authorized to sign the transaction for the Governing Board.
NAME TITLE SIGNATURE
Kevin Woodhouse City Manager __________________________ Scott Leslie Parks, Beaches and Recreation Director __________________________ Tracy Gilbert Recreation Supervisor __________________________ • • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of October, 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 6 Packet Pg. 77
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
CONTRACTOR'S NAME:
DATE:
CONTRACT NUMBER:
PROGRAM TYPE:
PROJECT NUMBER:
CITY OF PACIFICA
CCTR-4310
41-2189-00-4
STATE OF CALIFORNIA
F.Y.
July 01, 2024
GENERAL CHILD CARE &
DEV PROGRAMS
24 - 25
This Agreement is entered into between the State Agency and the Contractor named above. The Contractor agrees to comply with the terms and conditions of the CURRENT APPLICATION; GENERAL TERMS AND CONDITIONS (GTC 04/2017)*; the GENERAL CHILD CARE AND DEVELOPMENT PROGRAM REQUIREMENTS (Program Requirements)*; the SAN MATEO COUNTY Local Individualized Subsidized Child Care Plan (hereafter the "SAN MATEO COUNTY PILOT PLAN"); and the FUNDING TERMS AND CONDITIONS (FT&C)*, as approved by the State Agency referenced at:
https://www.cdss.ca.gov/inforesources/child-care-and-development/contractor-resources. Where the GTC 04/2017 conflicts with either the Program Requirements or the FT&C, the Program Requirements or the FT&C will prevail. The Contract must meet the specifications of the FT&C except where the SAN MATEO COUNTY PILOT PLAN allows for exceptions.
Funding of this Agreement is contingent upon appropriation and availability of sufficient funds. This Agreement may be terminated immediately by the State if funds are not appropriated or available in amounts sufficient to fund the State's obligations under this Agreement.
The period of performance for this Agreement is July 01, 2024 through June 30, 2025. For satisfactory performance of the required services, Effective November 9, 2022, the service county reimbursement rate as provided in CCB NO. 22-32:
https://cdss.ca.gov/Portals/9/Additional-Resources/Letters-and-Notices/CCBs/2022/CCB_22-32.pdf?ver=2022-11-10-135821-41 0 is applicable to the sites, as located in the service counties, approved by the Child Care Development Division and indicated in the Child Development Management Information System (CDMIS), the Minimum Days of Operations (MDO), which is based on the approved program calendar, and the Maximum Reimbursable Amount (MRA) of $1,204,006.00 During the term of this Agreement, the Agreement Rate, the MDO and the MRA may be adjusted through an Allocation Letter issued to the Contractor by State Agency.
SERVICE REQUIREMENTS
Minimum Days of Operation (MDO): 249
Any provision of this Agreement found to be in violation of Federal or State statute or regulation shall be invalid but such a finding shall not affect the remaining provisions of this Agreement.
Items shown with an asterisk (*), are hereby incorporated by this reference and made part of this Agreement as if attached hereto. Amendments to any of these asterisked documents during the term of this Agreement shall be incorporated by reference as of the date issued by State Agency without need for formal amendment. https://www.cdss.ca.gov/inforesources/child-care-and-development/contractor-resources .
STATE AGENCY: CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
$
$
AMOUNT ENCUMBERED BY THIS
DOCUMENT
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
TOTAL AMOUNT ENCUMBERED TO
DATE
CHAPTER STATUTE FISCAL YEAR
OBJECT OF EXPENDITURE (CODE AND TITLE)
ITEM
(OPTIONAL USE)
PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE
706
See Attached
1,204,006 Child Development Programs
1,204,006
See Attached
$
0 IMPORTANT: Signature is not required.
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Attachment: City of Pacifica 2024 CCTR-4310-00 (5764 : 2024/25 Child Care State Contracts & Continued Funding Application) CONTRACTOR'S NAME:
CONTRACT NUMBER:
CITY OF PACIFICA
CCTR-4310
AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
346,506 Child Development Programs
346,506
Federal
9990 FC# 93.575 PC# 000324
25136-2189
30.10.020.001
5180-101-0890 B/A 2024 2024-2025
706 SACS: Res-5025 Rev-8290
0 AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
120,044 Child Development Programs
120,044
General
9990
13257-2189
30.10.020
5180-101-0001 B/A 2024 2024-2025
706 SACS: Res-6160 Rev-8590
0 AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
703,034 Child Development Programs
703,034
General
9990
13254-2189
30.10.020.001
5180-101-0001 B/A 2024 2024-2025
706 SACS: Res-6105 Rev-8590
0 AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
32,334 Child Development Programs
32,334
Federal
9990 FC# 93.596 PC# 000000
24568-2189
30.10.020
5180-101-0890 B/A 2024 2024-2025
706 SACS: Res-5160 Rev-8290
0 AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
2,088 Child Development Programs
2,088
General
9990
15540-2189
30.10.020.001
5180-101-3350 B/A 2024 2024-2025
706 SACS: Res-6040 Rev-8590
0 6.a
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Attachment: City of Pacifica 2024 CCTR-4310-00 (5764 : 2024/25 Child Care State Contracts & Continued Funding Application)
LOCAL AGREEMENT FOR EARLY EDUCATION SERVICES
CONTRACTOR'S NAME:
DATE:
CONTRACT NUMBER:
PROGRAM TYPE:
PROJECT NUMBER:
CITY OF PACIFICA
CSPP-4510
41-2189-00-4
CALIFORNIA DEPARTMENT OF EDUCATION
F.Y.
July 01, 2024
CALIFORNIA STATE
PRESCHOOL PROGRAM
24 - 25
This Agreement is entered into between the State Agency and the Contractor named above. The Contractor agrees to comply with the terms and conditions of the CURRENT APPLICATION*; the SAN MATEO COUNTY Local Individualized Subsidized Child Care Plan (hereafter the "SAN MATEO COUNTY PILOT PLAN") as most recently approved by the California Department of Education; the GENERAL TERMS AND CONDITIONS (GTC 04/2017)*; the CALIFORNIA STATE PRESCHOOL PROGRAM CONTRACT TERMS AND CONDITIONS (CT&C)* and any subsequent changes to the CT&C*, which are by this reference made a part of this Agreement. Where the GTC 04/2017 conflicts with the CT&C, the CT&C will prevail. The Contract must meet the specifications of the CT&C except where the SAN MATEO COUNTY PILOT PLAN allows for exceptions.
Funding of this contract is contingent upon appropriation and availability of sufficient funds. This contract may be terminated immediately by the State if funds are not appropriated or available in amounts sufficient to fund the State's obligations under this contract.
The period of performance for this contract is July 01, 2024 through June 30, 2025 . For satisfactory performance of the required services, the contractor shall be reimbursed in accordance with the Determination of Reimbursable Amount Section of the CT&C, based on the contract rate (which is the service county reimbursement rate as provided in https://www.cde.ca.gov/fg/aa/cd/documents/csppcontractrates.xlsx, applicable to the sites, as located in the service counties, approved by the Early Education Division and indicated in the Child Development Management Information System), the Minimum Days of Operations (MDO), which is based on the approved program calendar, and the Maximum Reimbursable Amount (MRA) of $336,126.00.
During the term of this contract, the contract rate, the MDO and the MRA may be adjusted through an Allocation Letter issued to the Contractor by State Agency.
SERVICE REQUIREMENTS
Minimum Days of Operation (MDO): 249
Any provision of this contract found to be in violation of Federal or State statute or regulation shall be invalid but such a finding shall not affect the remaining provisions of this contract.
Items shown with an asterisk (*), are hereby incorporated by this reference and made part of this Agreement as if attached hereto. Amendments to any of these asterisked documents during the term of this contract shall be incorporated by reference as of the date issued by State Agency without need for formal amendment. These documents can be viewed at http://www.cde.ca.gov/fg/aa/cd/ctc2024.asp.
STATE AGENCY: CALIFORNIA DEPARTMENT OF EDUCATION
$
$
AMOUNT ENCUMBERED BY THIS
DOCUMENT
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
TOTAL AMOUNT ENCUMBERED TO
DATE
CHAPTER STATUTE FISCAL YEAR
OBJECT OF EXPENDITURE (CODE AND TITLE)
ITEM
(OPTIONAL USE)
PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE
706
25451-2189
336,126
2024 2024-2025
Early Education Programs General
336,126
6100-194-0001 B/A
30.10.020.001
SACS: Res-0000 Rev-0000
0656 $
0 take effect July 01, 2024 unless rejected in writing by June 30, 2024.
IMPORTANT: Signature is not required. Pursuant to the submission of the Continued Funding Application, this agreement will automatically
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Attachment: City of Pacifica 2024 CSPP-4510 (5764 : 2024/25 Child Care State Contracts & Continued Funding Application)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
Adopt a Resolution to Authorize Continued Funding Applications for FY 2024-25 with San Mateo County Office of Education for Child Care programs RECOMMENDED ACTION:
Adopt the Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving Agreement to This Transaction with the San Mateo County Superintendent of Schools for the Purpose of Providing Child Care and Development Services and to Authorize the Designated Personnel to Sign Contract Documents for Fiscal Year 2024/25” and authorize staff to pursue future one-time only funds, State funds, QRIS Quality Rating and Improvement Grants, and any amendments, or County support if they become available during fiscal year 2024-2025.
STAFF CONTACT:
Scott Leslie, Director, Parks, Beaches and Recreation
(650) 738-7387
[email protected]
Tracy Gilbert, Recreation Supervisor
(650) 738-7388
[email protected]
BACKGROUND/DISCUSSION:
Child Care Services is in an annual contractual agreement with the San Mateo County Office of Education to provide subsidized state preschool programs at three school sites. Council action authorizing staff to have on-going responsibility and authority to work with the San Mateo County Office of Education, and the California Department of Education Early Education and Support Division regarding the program’s contract is required. Currently, Recreation Services Supervisor Tracy Gilbert has this authority and will continue to facilitate this process. This includes: processing the annual reapplication, submission of monthly/ quarterly requests for reimbursement, attending semi-annual and annual training session, authorizing families to receive subsidized care and ongoing communications with the state representative of the Early Education and Support Division.
The annual contract from the San Mateo County Office of Education is for providing subsidized State Preschool classes at Sunset Ridge State Preschool, Fairmont Park State Preschool and Vallemar State Preschool.
The San Mateo County Office of Education requests a Council resolution authorizing participation in the 2024-2025 contract and naming an authorized representative. 7 Packet Pg. 81
Pacifica City Council 2
October 14, 2024
ALTERNATIVE ACTION:
Council could give direction on alternative ways to fund the program.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This action helps to support youth services, which is a component of A Healthy and Compassionate Community.
FISCAL IMPACT:
The 2024-25 contract will be for $443,134. The expenditures and revenues related to this contract were included in the Fiscal Year 2024-2025 budget. No additional budget authority is needed.
ORIGINATED BY:
Parks, Beaches & Recreation Department
ATTACHMENT LIST:
2024-25 SMCOE CSPP Contract (PDF)
7 Packet Pg. 82
Pacifica City Council 3
October 14, 2024
RESOLUTION NO. ___-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING
AGREEMENT TO THIS TRANSACTION WITH THE SAN MATEO COUNTY
SUPERINTENDENT OF SCHOOLS FOR THE PURPOSE OF PROVIDING CHILD CARE AND
DEVELOPMENT SERVICES AND TO AUTHORIZE THE DESIGNATED PERSONNEL TO SIGN CONTRACT DOCUMENTS FOR FISCAL YEAR 2024 / 25
BE IT RESOLVED that the Governing Board of the City of Pacifica authorizes entering into local agreement between the San Mateo County Superintendent of Schools and the City of Pacifica pursuant to a California State Preschool Program (CSPP) Grant and that the person/s who are listed below, are authorized to sign the transaction for the Governing Board.
NAME TITLE SIGNATURE
Kevin Woodhouse City Manager ______________________
Scott Leslie Parks, Beaches and Recreation Director ______________________ Tracy Gilbert Recreation Supervisor ______________________ • • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of October, 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. 83
Agreement Between
SAN MATEO COUNTY SUPERINTENDENT OF SCHOOLS
and
City of Pacifica
Pursuant to a
California State Preschool Program (CSPP) Grant
1. PARTIES
This Agreement is made and entered into, in the State of California, by and between the San Mateo County Superintendent of Schools (“County Superintendent”) as LEA under a California State Preschool Program grant (CSPP) and City of Pacifica (“Delegate Agency”).
2. TERM
This Agreement will be effective July 1, 2024 through June 30, 2025.
3. FUNDING CONTINGENCY
Funding for this Agreement is contingent upon the appropriation and availability of funds from the State. Consequently, this Agreement is not effective until the current application that approves the spending of the funds is signed by the State.
4. FUNDING TERMS AND CONDITIONS
If funded, the Delegate Agency agrees to provide services in accordance with the budget, approved calendar, and the Funding Terms and Conditions (FT&C) attached and incorporated by this reference into this Agreement. The FT&C specify the contractual responsibilities of the Delegate Agency relating to the provision of preschool services, personnel and expenditures. The Delegate Agency is subject to all applicable laws and regulations including the same audit and/or audit review requirements as the County Superintendent, based on California Department of Education Audit Guidelines. Costs of the audit shall be borne by the Delegate Agency and are reimbursable under this Agreement.
5. COUNTY SUPERINTENDENT’S RESPONSIBILITIES
A. The County Superintendent shall:
1. Act as an intermediate agent between the California Department of Education and the Delegate Agency.
2. Monitor contract operations and reports relating to ensuring compliance with FT&C and the standards contained in the Program Self-Evaluation (PSE) and Federal Program Monitoring processes (FPM) incorporated by this reference into this Agreement.
3. Provide technical assistance and require the Delegate Agency participation to meet the San Mateo County Office of Education (“SMCOE”)'s Annual Agency goals and SMCOE's FPM review.
4. Provide program assistance to the State Preschool Directors of the Delegate Agency.
5. Provide technical budget assistance to the Delegate Agency.
Excellence and Equity in Education
Nancy Magee • County Superintendent of Schools
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6. Provide NoHo Care and DRDP Online™ Databases for Delegate Agency use for electronic transmission of program documentation of eligibility, attendance, and back-up documentation.
7. Send all required subcontractor information to the California Department of Education regarding program compliance and other requested information.
8. Reimburse the Delegate Agency in accordance with the FT&C from allocations provided by the California Department of Education, minus ten percent (10%) for the administrative cost of the program to the County Superintendent.
9. Ensure that a Release and Exchange of Information between the Delegate Agency and SMCOE is signed, allowing the exchange and sharing of information relating to any services performed.
B. The County Superintendent reserves the right to reduce the Delegate Agency’s allocation, when in her opinion, the agency fails to submit required reports including the audit report or the agency fails to conduct its operations in accordance with Title 22 California Code of Regulations, the FT&C, Title 5, California Department of Education regulations and the standards contained in the PSE and FPM processes.
C. The County Superintendent reserves the right to reduce the performance requirements of the Agreement when it is evident that the Delegate Agency will not earn the amount of the Agreement.
D. The County Superintendent shall notify the Delegate Agency in writing of changes in laws or regulations affecting this Agreement prior to their effective date or as soon as possible after enactment.
E. The County Superintendent shall limit reimbursement to the least of the following or otherwise directed by CDE in its Management Bulletin in the current year:
1. The Maximum Reimbursable Amount (MRA) or Agreement amount
2. The Net Reimbursable Cost for subsidized children
3. The Service Earnings (Daily Rate x Total Attendance)
6. DELEGATE AGENCY RESPONSIBILITIES
A. The Delegate Agency shall:
1. Conduct a Preschool part-day and/or full-day program for children ages three to five years old prior to Kindergarten entry which conforms to the California State Preschool Program FT&C and philosophies.
Comply with the enrollment criteria:
a. Enroll three- and four-year-old children who will have their 3rd or 4th birthday, respectively, on or before December 1st of the fiscal year in a state preschool program at the beginning of the fiscal year.
b. Enroll children who will have their 3rd birthday on or after December 1st of the fiscal year, in a state preschool program on or after their 3rd birthday. c. Delegate Agency has the option to serve two-year-olds from July 2, 2024 – June 30,2027, though it is not required. If Delegate Agency elects to serve two-year-olds, it must follow all applicable requirements. Any changes to these Agreement amounts are requested in advance of services being approved and implemented.
Document Ref: CJUYJ-QUTHC-GMVGZ-RYFKT Page 2 of 6
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2. The Delegate agency will participate in providing family literacy activities to Title V families based on the annual Program Self-Evaluation plan approved by the California Department of Education, Early Learning and Care Division.
3. Maintain records for program review, evaluation, audit and/or other purposes and make them available to persons authorized by the State, including the County Superintendent. Such records will be maintained for a minimum of five (5) years or as otherwise required by law, and be available for review and/or copying by the County Superintendent within 24-hour notice should they be requested. Should the contractual relationship terminate, all records shall be provided immediately to the County Superintendent for copying and all original records for the previous five (5) years shall be delivered to the County Superintendent within thirty (30) days of the termination.
4. Send Department of Social Services, Child Care licensing annual reports and any violations issued during a CCLD visit within three days of receiving the report to the SMCOE for reporting to the California Department of Education.
5. Determine the eligibility of families for child development services and keep eligibility documentation based on California State Preschool Program FT&C.
6. Inform parents of the right to appeal adverse eligibility determinations to the Delegate Agency’s Board.
7. Delegate Agency will offer agreed upon services (number of days and hours) based on the approved calendar submitted at the beginning of the fiscal year. No changes shall be made to the service level unless it is approved by the County Superintendent.
8. Submit CDNFS 8501 or 8501MCHS report on a quarterly basis to SMCOE’S State Preschool Manager and Fiscal Analyst, consistent with the following schedule:
Quarterly Reporting Period Submission Due Date
July 1-September 30, 2024 October 10, 2024
October 1-December 31, 2024 January 10, 2025
January 1-March 31, 2025 April 10, 2025
April 1-June 30, 2025 July 10, 2025
9. Be liable for any audit exceptions or overpayments made in this or prior years. In addition to any other remedy or source of funds, the County Superintendent may recover any audit exceptions or overpayments from Delegate Agency’s claims for reimbursement under this Agreement or any subsequent agreement.
10. Adhere to the Fair Employment Practices and Nondiscrimination Clause outlined by the FT&C.
11. Adhere to the Federal Certifications regarding Lobbying; Debarment, Suspension and other Responsibility Matters; and Drug-Free Workplace Requirements, as set forth in the "Federal Certifications" attached hereto and incorporated by this reference into this Agreement.
12. Include the County Superintendent’s Uniform Complaint Procedure (UCP) in Delegate Agency’s parent handbook.
13. Include in Delegate Agency's parent handbook the County Superintendent’s template language regarding refrain from religious worship and instruction, prohibition of unlawful harassment and discrimination, with necessary elements and protected classes identified.
14. Participate in activities of the California Department of Education Federal Program Monitoring and Annual Agency goals.
15. Submit an annual budget, calendar and program assurances with this signed Agreement.
16. Implement program assurances as outlined in the addendum of this Agreement.
Document Ref: CJUYJ-QUTHC-GMVGZ-RYFKT Page 3 of 6
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B. The SMCOE participates in the San Mateo County Child Care Subsidy Plan. The Subsidy Plan allows for the development of local policies related to family eligibility, family fees, and reimbursement rates. Through this Agreement, the Delegate Agency will also participate in the Subsidy Plan.
C. Title to any equipment or supplies purchased with State funds rests with the Delegate Agency only as long as the Agreement is in effect. Upon termination of this Agreement, title and possession of all equipment and remaining supplies shall revert to the County Superintendent.
D. Any unit of equipment costing over five thousand dollars ($5,000) and/or having a useful life expectancy of two (2) years or more and purchased with California State Preschool Program funds must have prior written authorization both from the County Superintendent and the State. A written inventory record for all items of $500 or over in value must be kept by the Delegate Agency.
E. Any amendments to this Agreement are subject to review by the California Department of Education.
F. Travel and per diem are reimbursable at rates not exceeding those established by the California Department of Education.
G. Administrative and indirect charges shall not exceed five percent (5%) of the total funds.
7. INDEMNIFICATION
The Delegate Agency agrees to indemnify, defend, save and hold harmless the County Superintendent, her officers, agents and employees, as well as the State of California, Department of Education, from any and all claims and losses accruing or resulting to any and all of the Delegate Agency’s contractors, subcontractors, laborers and any person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Delegate Agency in the performance of this Agreement. The duty of the Delegate Agency to indemnify and hold harmless as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
8. INSURANCE
The Delegate Agency shall furnish to the County Superintendent evidence of sufficient insurance coverage as will protect it while performing the services required by this Agreement. Delegate Agency shall maintain a Certificate of Insurance to be made available upon request.
9. INDEPENDENT CONTRACTOR
The Delegate Agency and its officers, agents and employees, in the performance of this Agreement, are acting in an independent capacity and not as officers, employees or agents of the State of California; the County Superintendent; the County Office of Education; or the County Board of Education.
10. ASSIGNABILITY
Without the prior written consent of the County Superintendent, this Agreement is not assignable by the Delegate Agency either in whole or in part.
11. FINAL AGREEMENT
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No modification of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
12. TERMINATION
A. The County Superintendent may terminate this Agreement and be relieved of the payment of any consideration to the Delegate Agency when, in her opinion, the agency fails to perform the covenants herein contained in the time and in the manner herein provided. In the event of such termination, the County Superintendent may proceed with the work in any manner deemed proper by the County Superintendent. The cost to the County Superintendent to proceed with such work shall be deducted from any sum due the Delegate Agency. County Superintendent shall provide thirty (30) days’ written notice to Delegate Agency of termination.
B. If any of the conditions contained in the FT&C arise which warrant termination of funding by either the County Superintendent or the Delegate Agency, then this Agreement shall automatically be terminated as of the date funding is terminated.
C. If the Agreement is terminated, the Delegate Agency shall cooperate with the County Superintendent to effectuate the termination, including copying any records and moving any and all furniture deemed necessary by the County Superintendent. The Delegate Agency shall be paid according to the FT&C for actual services rendered through the date of termination.
D. The County Superintendent or the Delegate Agency shall notify the other by certified mail of the termination, with the reason for the action specified.
13. NONDISCRIMINATION CLAUSE
A. During the performance of this Agreement, the Delegate Agency and its subcontractors shall not deny the Agreement’s benefits to any person on the basis of religion, race, color, ethnic group identification, national origin, ancestry, gender, sex, sexual orientation, physical or mental disability, medical condition, marital status, or age (over 40), nor shall they discriminate unlawfully against any employee or applicant for employment because of religion, race, color, ethnic group identification, national origin, ancestry, gender, sex, sexual orientation, physical, or mental disability, medical condition, marital status, or age (over 40).
Delegate Agency shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
B. Delegate Agency shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135-11139.5) and the regulations or standards adopted by the awarding State agency to implement such article.
C. Delegate Agency shall permit access by representatives of the Department of Fair Employment and Housing and the awarding State agency upon reasonable notice at any time during the normal business hours, but in no case with less than twenty-four (24) hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.
D. Delegate Agency and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
E. Delegate Agency shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
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14. COMMUNICATIONS
A. This Agreement is of no force or effect unless or until authorized signatures from the County Superintendent and the Delegate Agency appear on this document.
B. For any communication regarding this Agreement, please contact the San Mateo County Office of Education, 101 Twin Dolphin Drive, Redwood City, CA 94065-1064.
Telephone: (650) 802-5616.
15. SERVICE REQUIREMENTS AND REIMBURSEMENT
Delegate Agency by signing this Agreement, agrees to the following service requirements and levels of reimbursement based on the Standard Reimbursement Rate (SRR) with Adjustment Factors:
A. Minimum days of operation shall be: Full-day 246
B. Daily rate for attendance shall be: Full-day $ 73.87 C. Children with Exceptional Needs Set Aside: $110,270.66 D. Maximum reimbursable amount shall be: $ 443,133.85
City of Pacifica
Signature
Title
Date
Print Name
San Mateo County Superintendent of Schools
Signature
Title
Date
Print Name
2024-09-02 2024-09-04
Tracy Gilbert
Recreation Supervisor
2024-09-03
Kevin J. Bultema
Deputy Supt. Business
2024-09-04
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Attachment: 2024-25 SMCOE CSPP Contract (5765 : 2024/25 Child Care San Mateo County Office of Education Contracts) Signature Certificate
Reference number: CJUYJ-QUTHC-GMVGZ-RYFKT
Document completed by all parties on:
04 Sep 2024 17:08:06 UTC
Signer Timestamp Signature
Tracy Gilbert
Email: [email protected]
Recipient Verification:
Sent: 30 Aug 2024 17:13:46 UTC
Viewed: 03 Sep 2024 21:29:11 UTC
Signed: 03 Sep 2024 21:30:46 UTC
✔Email verified 03 Sep 2024 21:29:11 UTC
IP address: 76.14.105.15
Location: South San Francisco, United States
Kevin Bultema
Email: [email protected]
Recipient Verification:
Sent: 30 Aug 2024 17:13:46 UTC
Viewed: 04 Sep 2024 17:07:01 UTC
Signed: 04 Sep 2024 17:08:06 UTC
✔Email verified 04 Sep 2024 17:07:01 UTC
IP address: 209.188.128.207
Location: Redwood City, United States
Signed with PandaDoc
PandaDoc is a document workflow and certified eSignature solution trusted by 50,000+ companies worldwide.
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Attachment: 2024-25 SMCOE CSPP Contract (5765 : 2024/25 Child Care San Mateo County Office of Education Contracts)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
Adopt Resolution Authorizing Application and Administration of the CalRecycle Beverage Container Recycling Grant Program Grant
RECOMMENDED ACTION:
Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Authorizing a submittal of an Individual Grant application for the Beverage Container Recycling Grant Program”
STAFF CONTACT:
Scott Leslie, Director, Parks, Beaches and Recreation
(650) 738-7387
[email protected]
BACKGROUND/DISCUSSION:
The Department of Resources Recycling and Recovery (CalRecycle) administers a program that provides local California government agencies-including cities, counties, and regional programs with opportunities to promote increased recycling of beverage containers and reduce litter from single-use containers. The Beverage Container Recycling Grant Program was designed to support projects that either expand recycling infrastructure or reduce the use of single-use beverage containers.
One of the key areas for potential grant funding is the installation of public water bottle filling stations, which would reduce the need for single-use water bottles at parks, beaches, and other public facilities. To determine the optimal locations for these stations, members of the Parks, Beaches, and Recreation and Public Works Departments conducted a survey of high-traffic areas around public water fountains. Based on this assessment, the final list includes single water bottle filling stations at Fairmont Park, Fairmont West Park, Edgemar Park, Rockaway Beach, Sanchez Library, Frontierland Park, and the City Council Chambers, with two stations each planned for the Community Center, the Pacifica Pier, and Linda Mar Beach.
If selected, the grant would cover the costs for purchasing, shipping, and installing these filling stations. The total grants funds requested is $129,836.89, and no matching funds are required for this grant.
As part of the grant application process, CalRecycle requires the City Council to approve a new resolution. This resolution authorizes the submission of the grant application to CalRecycle, designates the Parks, Beaches, and Recreation Director to sign all grant-related documents, and allows a two-year period for the installation of the filling stations. The City Manager recommends adopting this resolution, which would enable the City of Pacifica to apply for and benefit from the CalRecycle Beverage Container Recycling Grant Program. 8 Packet Pg. 91
Pacifica City Council 2
October 14, 2024
ALTERNATIVE ACTION:
The Council may choose not to adopt the resolution.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Pursue climate change adaptation and mitigation: The CalRecycle grant funds will be used to install public water bottle refilling stations reducing the number of plastic bottles used by the public.
FISCAL IMPACT:
There is no fiscal impact related to this action.
ORIGINATED BY:
Parks, Beaches & Recreation Department
ATTACHMENT LIST:
8 Packet Pg. 92
Pacifica City Council 3
October 14, 2024
RESOLUTION NO. ___-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING
SUBMITTAL OF AN INDIVIDUAL GRANT APPLICATION FOR THE BEVERAGE
CONTAINER RECYCLING GRANT PROGRAM
WHEREAS, the California Public Resources Code authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various Grant Programs; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Grant Programs; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle Grants.
NOW, THEREFORE, BE IT RESOLVED that Parks, Beaches, and Recreation Director Scott Leslie is authorized to submit an application to CalRecycle for the City of Pacifica.
BE IT FURTHER RESOLVED that the City Manager or their designee, are hereby authorized as Signature Authority to execute in the name of the City of Pacifica all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.
BE IT FURTHER RESOLVED that these authorizations are effective for five years from the date of adoption.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of October, 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. 93
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
Approval of Construction Services Agreement for Traffic Signal and Street Light Services between the City of Pacifica and St. Francis Electric, LLC.
RECOMMENDED ACTION:
Adopt a Resolution Authorizing a Construction Services Agreement for Traffic Signal and Street Light Services between the City of Pacifica and St. Francis Electric, LLC in the amount of $52,355.00 annually ($209,420.00 for four (4) years) from Gas Tax Maintenance Fund, Fund 10; Establish a budget authority of $57,590.50, which includes a 10% contingency; and Authorize the City Manager to execute all necessary documents.
STAFF CONTACT:
Michael Pham, Parks and Facilities Superintendent
(650) 501-0305
[email protected]
Gino Assereto, Field Services Manager
(650) 438-2980
[email protected]
BACKGROUND/DISCUSSION:
The City of Pacifica requires the services of an electrical contracting firm which specializes in providing traffic signal and street light services, emergency repair, non-emergency routine preventative maintenance of traffic signal lights as well as scheduled repairs; new equipment upgrade and installation work; Underground Service Alert markings; and ad hoc electrical work billed on a time and materials basis. The City has five (5) traffic signalized intersections and two thousand seventeen (2017) streetlights.
On April 3, 2024, the Request for Proposal was issued and published on OpenGov Procurement. Proposals were received on May 2, 2024 and the results are as follows:
Bear Electric Solutions Inc.
Description Annual Cost
Traffic Signal Monthly Maintenance & Inspection $6,750.00 Estimated Streetlight Maintenance Cost $40,500.00
TOTAL ANNUAL MAINTENANCE $ 47,250.00
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Pacifica City Council 2
October 14, 2024
St. Francis Electric, LLC
Description Annual Cost
Traffic Signal Maintenance & Inspection $7,355.00
Estimated Streetlight Maintenance Cost $45,000.00
TOTAL ANNUAL MAINTENANCE $52,355.00
Staff members from the Engineering and Field Services Divisions reviewed the two (2) proposals received based on Administrative Policy No. 76 and on the following criteria:
A. Responsiveness of the proposal related to the scope of work.
B. Proposer’s written understanding of the proposed scope of work.
C. Ability, capacity, and skill of firm to perform the services on a qualified and timely basis.
D. Responses of the firm’s references.
E. Experience, expertise, and qualifications of the firm and firm’s team members assigned to the Project;
F. Such other information that may be required or secured.
Both proposers submitted all required documentation, and Staff reviewed both proposals based on Administrative Policy No. 76 and by applying the criteria described above. Based on such review and grading, staff recommends St. Francis Electric, LLC. (St. Francis Electric) to perform the City’s traffic signal and street light maintenance work. Among other factors considered and weighed during the review process, staff considered the City’s experience with St. Francis Electric, who has performed as the service provider for the street signals and lights for the City of Pacifica for the past 3 years. Staff also checked St. Francis Electric’s references and they were all positive. Therefore, City Manager recommends approval of the Construction Services Agreement (Attachment 1) between the City of Pacifica and St. Francis Electric.
ALTERNATIVE ACTION:
The Council may choose not to approve the construction agreement. However, this will result in traffic signal maintenance delays and may cause traffic interruptions at those intersections and long-term outages of streetlights. Staff does not recommend this alternate action.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Approval of the Construction Services Agreement is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as city hall, the fire stations, etc., improving streets, and responding to impacts of sea level rise. Approving the construction services agreement will help maintain the City’s existing traffic signals and streetlights.
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Pacifica City Council 3
October 14, 2024
FISCAL IMPACT:
Traffic Signal Maintenance & Inspection $7,355.00
Estimated Streetlight Maintenance Cost $45,000.00
TOTAL ANNUAL MAINTENANCE $52,355.00
Total fiscal impact will be $52,355.00 annually ($209,420.00 for four (4) years). Funds are budgeted in the current and future fiscal years to cover this amount. Staff recommends adding a contingency of 10% for any unforeseen conditions that may occur due to storms or accidents.
This would establish a budget authority of $57,590.50 per year for this project.
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
Attachment 1-St. Francis Contract (PDF)
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Pacifica City Council 4
October 14, 2024
RESOLUTION NO. ___-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE
CONSTRUCTION SERVICES AGREEMENT FOR TRAFFIC SIGNALS AND STREET
LIGHT SERVICES BETWEEN THE CITY OF PACIFICA AND ST FRANCIS ELECTRIC, LLC IN THE AMOUNT OF $52,355.00 ANNUALY ($209,420.00 FOR FOUR (4) YEARS) FROM THE GAS TAX MAINTENANCE FUND, FUND 10: ESTABLISH A BUDGET AUTHORITY OF $57,590.50, WHICH INCLUDES A 10% CONTINGENCY: AND
AUTHORIZE THE CITY MANGER TO EXECUTE ALL NECESSARY DOCUMENTS WHEREAS, staff reviewed proposals based on Administrative Policy No. 76 and by applying the criteria described above. Based on such review and grading, staff recommends St. Francis Electric, LLC. (St. Francis Electric) to perform the City’s traffic signal and street light maintenance work. Among other factors considered and weighed during the review process, Staff considered the City’s experience with St. Francis Electric, who has performed as the service provider for the street signals and lights for the City of Pacifica for the past 3 years. Staff also checked St. Francis Electric’s references and they were all positive. Therefore, City Manager recommends approval of the Construction Services Agreement between the City of Pacifica and St. Francis Electric.
THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to authorize a Construction Services Agreement for Traffic Signal and Street Light Services between the City of Pacifica and St. Francis Electric, LLC in the amount of $52,355.00 annually ($209,420.00 for four (4) years) from Gas Tax Maintenance Fund, Fund 10. • • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of October, 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. 97
4836-0105-9886 v3
Construction Services Agreement 00 5205 - 1
05620-0129 2024-06-13
170 Santa Maria Ave., Pacifica, CA 94044
CONSTRUCTION SERVICES AGREEMENT
Traffic Signal and Street Light Services
DATE:
1. IDENTIFICATION OF CONTRACTOR:
CONTRACTOR: St. Francis Electric Inc.
LICENSE NO: 1003811
2. SCOPE OF THE WORK
See Scope of Work attached as Appendix A.[To include drawings, technical specifications, etc.]
3. COMPENSATION FOR WORK. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) is $52,355.00 annually ($209,420.00 for four (4), to be paid as (check one): (1) lump sum; (2) lump sum with progress payments; (3) per attached schedule of rates and charges, up to a guaranteed not-toexceed amount of $__________. All payments (check one): shall shall not be subject to a five percent (5%) retention.
4. SCHEDULE OF PERFORMANCE FOR THE WORK. Contractor shall commence and complete the Work by the following dates:
Commencement Date shall be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.
Substantial Completion Date: Within 60 calendar days of Commencement Date.
Final Completion Date: Within 10 calendar days of Substantial Completion.
4.01 Liquidated Damage Amounts.
A. As liquidated damages for delay Contractor shall pay Owner Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.
B. As liquidated damages for delay Contractor shall pay Owner Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.
4.02 Scope of Liquidated Damages
A. Contractor and Owner agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by Owner because of a delay in completion of all or any part of the Work. Contractor and Owner agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by Owner, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.
B. Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by Owner as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from Owner (for example, delay claims of other ATTACHMENT 1
CITY OF PACIFICA
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5. TERMS AND CONDITIONS.
5.01 Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):
A Appendix A - Scope of Work
B. Appendix B - General Conditions
C. Appendix C - Insurance
D. Appendix D - Construction Labor and Materials Payment Bond E. Appendix E - Construction Performance Bond [IF APPLICABLE] F. Appendix F - Supplemental Conditions [IF APPLICABLE]
5.02 The Contract Documents are the sole and exclusive provisions that govern the Work. Any provision contained in any Owner purchase order issued in connection with this Agreement or any Work shall be null and void and shall have no force or effect.
5.03 Agreement number must appear on all invoices and correspondence. Send invoices in duplicate immediately upon performance of Work ordered hereon or as otherwise provided in the Contract Documents to :
Signatur
Print Name
Date
4836-0105-9886 v3
City of Pacifica, Department of Public Works,
170 Santa Maria Ave., Pacifica, CA 94044
Construction Services Agreement
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OWNER: City of Pacifica
Signature
Print Name & Title
Date
City of Pacifica
Attn: Sarah Coffey, City Clerk
170 Santa Maria Ave.
Pacifica, CA 94044
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Appendix A to Construction Services Agreement
SCOPE OF WORK
TRAFFIC SIGNAL MAINTENANCE
The Contractor shall provide a routine, comprehensive preventative maintenance program designed to minimize the incidence of outages and malfunction; reduce complaints; and extend the useful life of the traffic signal equipment. The program shall include, but is not limited to:
A. Annual Maintenance
Annual maintenance shall include cleaning, adjusting, lubricating, and testing of signal equipment and replacement of substandard components. The controller units shall be overhauled or maintained as recommended by the manufacturer.
The Contractor shall test each of the conflict monitors within the first two (2) months of the start of each contract period and provide the City with a computerized report in Microsoft Excel identifying each intersection and showing all test results.
The Contractor shall test each of the locations that have battery backup systems (by disconnecting the PG&E power at the service cabinet) within the first two (2) months of the start of each contract period and provide the City with a computerized report in Microsoft Excel (or other widely available software) that indicates whether each traffic signal powered by battery system operated on full cycle operation (during PG&E power disconnect).
The Contractor shall rotate the batteries, per the manufacturer’s recommendation, at each of the locations that have a battery backup system (to maximize the life of the batteries) and provide the City with a computerized report in Microsoft Excel (or other widely available software) indicating that work has been completed.
B. Annual Inspection
Within the first three months of each contract period, the Contractor shall:
1) Replace all cabinet filters.
2) Clean all lenses, reflectors, signal and fixture housing units and photoelectric units. 3) Check the mounting of each signal head and adjust/tighten the mounting as required.
4) Replace deteriorated or missing components and fastening hardware such as sockets, nuts and bolts.
C. Monthly Inspection
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Each signalized intersection shall be inspected monthly. At a minimum, the following shall be performed:
1) Walk the intersection and visually inspect all signal heads for proper operation, alignment, broken lenses, and missing parts. Depress all pedestrian push buttons and observe the proper timing and display. Correct all observed problems as soon as possible thereafter.
2) Examine the functioning of the controller in relation to the traffic. Correct functional problems as soon as possible and report functional and timing problems to the City. 3) Observe and check for proper operation of the detector loops and amplifiers. Adjust or re-tune detector amplifiers and correct substandard splices as necessary. Report improper detection operation and causes to the City.
4) Inspect all relays, switches, and terminals, etc. and replace or make adjustments as necessary. Make arrangements to promptly fix those deficiencies which cannot be corrected immediately.
5) Check and adjust fan operation. Check the filter for tight fit and tape if required. Clean and vacuum the cabinet as necessary. Examine cabinet interior for water, excessive dampness and plant or animal intrusion. Determine cause and correct the condition. 6) Inspect battery backup system (if the signal is equipped with such unit) to ensure unit is fully charged. Report improper operation to the City. 7) Inspect preemption system to ensure equipment is operating and in-place, check all connections. Report improper operation to the Engineer. 8) Complete record keeping requirements as described in the proposal.
Special Note: The Contractor will be required to assign a sufficient number of technicians to the City as may be necessary to provide routine preventative maintenance to each traffic signal. The City expects technicians to be regularly assigned to the City as necessary to provide routine preventative maintenance during normal business hours, Monday to Friday 8:00 a.m. to 4:30 p.m., and to respond to unscheduled/emergency work (“Extra Work”) after regular business hours.
D. Scheduled Repair
The Contractor shall investigate and determine the corrective requirements for each reported malfunction, failure or outage of the traffic signal system. The Contractor shall repair or replace equipment and components that have failed, deteriorated or malfunctioned from the normal operation of the traffic signal system (controllers and battery backup system are excepted).
The equipment and components shall include, but are not limited to the following elements:
1) Incandescent Lamps, Light Emitting Diode (LED) signal faces, Conflict Monitors, Signal Safety Lights, Load Switches, Detector Amplifiers, Transfer Switches, Flasher Switches, Breaker Switches, Ballasts, Starters, Sockets, Fuses, Fuse Holders, Photoelectric Cells, Signal and Safety Light Wiring in Poles, etc.
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2) No permanent change shall be done without prior approval of the City. Whenever equipment is removed, the City representative shall be notified by phone and email within twenty-four (24) hours, except weekends and holidays (where the firm shall wait until the next calendar day to notify the City representative). 3) The Contractor shall submit a proposal to provide the required traffic signal supplies, materials, and installed equipment for approval by the City prior to proceeding with installation. The City shall approve the sources of and prices for supplies, materials, and installed equipment prior to procurement. Replacement supplies, materials, and installed equipment will be manufactured by a reputable supplier approved by the City.
Such approval shall not prevent subsequent disapproval or rejection of supplies, materials, and installed equipment by the City if the quality is less than required by the Contract or other otherwise unsatisfactory. If discounts by suppliers are available to the Contractor, they shall be credited to the City. If supplies, materials, or installed equipment is obtained from supply or source owned by or in part by the Contractor, the price will not exceed current wholesale price for such materials and installed equipment.
The City reserves the right to furnish supplies, materials, and installed equipment required for performance of the work.
The City shall reimburse the Contractor for supplies, materials, and installed equipment used for permanent repairs, in an amount equal to the cost of the materials including an agreed mark-up price. Reimbursement will occur only after the supplies, materials, and equipment had been installed. Until installation occurs, the Contractor shall own and be responsible for their inventory.
When entire parts or equipment become obsolete or are deteriorated beyond repair, report such conditions to the City and provide satisfactory evidence that replacement is necessary.
Maintenance activities that require periodic replacement of minor parts will not require City approval. Replacement of controllers and battery backup systems will require approval of City staff prior to replacement. The serial number of any unit removed will be recorded and the removed unit should be delivered to the City Public Works Services Yard.
E. Unscheduled and/or Emergency Response Work (“Extra Work”) The City may request that the Contractor perform Unscheduled and/or Emergency Response Work (“Extra Work”) on the traffic signal system not covered by preventative maintenance and scheduled repair. This work shall be performed on a time and materials basis in accordance with the unit costs provided listed in Schedule B and C or by a negotiated cost.
The Contractor may have to respond to Unscheduled and/or Emergency Work during regular business hours (7:00 a.m. to 4:00 p.m., Monday through Friday) or after regular business hours. This work shall be performed on a time and materials basis in accordance with the unit costs listed in Schedule B and C or by a negotiated cost.
Unscheduled and/or Emergency Work includes, but is not limited to the following:
1) Downed signal heads, poles, damaged controller and cabinet, damaged internally illuminated street name signs, damaged inductive loops, sensing elements, pedestrian
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push buttons, electroliers, pedestrian signal heads, wiring, and other operational equipment related issues.
2) Assisting the City for special events or for City construction projects, as necessary to implement revised traffic signal timing and phasing for changed traffic conditions.
Special Note: The replacement of burned-out lamps should be completed as soon as possible.
F. Equipment for Unscheduled and/or Emergency Work
Repair, replace or otherwise render in good working order any and all defective parts of the traffic signal equipment with like make and model parts. Whenever equipment is removed, the City representative shall be notified by phone and email within twenty-four (24) working hours, except weekends and holidays (where the firm shall wait until the next calendar day to notify the City representative).
The Contractor shall cover the cost of replacing any parts to the traffic signals. The City shall reimburse the Contractor for materials used for repairs, in an amount equal to the cost of the materials including an agreed mark-up price.
Notify the City representative in advance of any traffic signal de-activations (by phone and email) that may be required to provide the required services. Traffic signal deactivations shall not be scheduled without the approval of an authorized representative of the City. All traffic signal controller equipment shall be maintained as recommended by the manufacturer.
The Contractor, at own cost, shall place barricades, clean up debris, properly dispose of all damaged components.
Special Note: Emergency calls that require replacement of parts or equipment will not require approval from City before such replacements are commenced. The Contractor should have additional staff on-call in case the responding technician cannot handle emergency work alone (knockdowns, wire pulls, etc.).
G. Protocol for Unscheduled and/or Emergency Work
Maintain a single local telephone where an on-call technician can be reached at all times, twenty-four (24) hours per day. This telephone number will be made available to all persons designated by the City.
At the time the on-call traffic signal technician is notified of an unscheduled or emergency work by the City, he will call the designated City representative. If the designated representative is not available, the following numbers are available to verify that the on-call technician has received the call:
1) From 7:00 a.m. – 4:00 p.m. call (650) 738-3767 – a secretary will take the call and find another City representative.
2) From 4:00 p.m. – 8:00 a.m., an after hour telephone number will be provided in accordance with an established Traffic Signal service call procedure.
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Upon completion of the unscheduled and/or emergency work, contact the above telephone numbers and inform the City that the work has been completed.
Upon completion of the unscheduled or emergency work, prepare estimates showing the cost breakdown of material and labor for replacement of such parts or equipment and submit the information to the City. Replacement of parts or equipment, if ordered by the City, shall be paid for as “Extra Work.”
Special Note: Compensation for unscheduled and/or emergency work identified above will be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the Cost Proposal, Schedules B and C, included in this Solicitation and completed and returned by the Contractor in its Proposal. Compensation for travel time shall be included in the payment for unscheduled or emergency work for those calls originating between 4:30 p.m. to 7:00 a.m., for the actual travel time to the City, up to a two (2) hour maximum and shall be considered part of the contract cost, without additional compensation.
H. Maintenance Records
Contractor shall maintain an inventory list of the equipment in the controller cabinet at each location. The inventory shall include the model, manufacturer, serial number, and quantity of each piece of equipment and installation date.
The inventory list shall be continuously updated and a copy shall be furnished to the City every six (6) months in a Microsoft Excel spreadsheet.
Contractor shall maintain a copy of the Preventative Maintenance (PM) Inspection Form approved by the City at each intersection. The PM checklist form shall be approved by the City at the beginning of each contract year. The PM checklist form shall be completely filled out during each routine maintenance inspection and during any time repairs are made to the controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.).
A printout of the signal control database shall be kept in each controller cabinet. Timing changes shall be indicated on the printout. Only the City’s representative shall authorize timing changes except that the Contractor may make changes required on a temporary basis due to maintenance operations or to maintain a satisfactory signal operation when there is a detection failure.
Special Note: All data gathered and stored in an electronic (or non-electronic) format by the Contractor while under contract with the City is the property of the City. In the event that the City no longer contracts with the Contractor, full data records will be given to the City in an electronic format. Transfer of these full data records will be determined based on the size of the data records at the time of transfer and shall be considered part of the contract cost, without additional compensation.
I. Monthly Activity Report
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The Contractor shall provide a computerized monthly activity report to the City by the fifteenth (15) working day of each month for the previous month. A monthly report generated from the database shall be sent (regular mail and email) to the City with the monthly invoice. No payment will be made without submittal of the report. The report shall include:
1) Unscheduled and Emergency Response Work: Time the service calls were received, time arrived at the intersection, the response time, nature of the problem, the number of hours spent for each repair, materials used, whether the activity is related to accident or vandalism, and a special listing of intersections with three or more calls in one month. 2) Scheduled Repairs: A complete record of all work that was performed on the traffic signal equipment during the previous month including the date and time, make, model, and serial number of any major components or other equipment that was newly installed at each intersection.
3) Preventative Maintenance: Time and date the PM work was performed. 4) Pending Repair List: Provide a monthly report of all pending repair work needed at each intersection. The intersection name should be listed along with a description of the repair required, problem that created the repair, and level of severity (high priority repair, medium priority repair, low priority repair).
Special Note: All data gathered and stored in an electronic (or non-electronic) format by the Contractor while under contract with the City is the property of the City. In the event that the City no longer contracts with the Contractor, full data records will be given to the City in an electronic format. Transfer of these full data records will be determined based on the size of the data records at the time of transfer and shall be considered part of the contract cost, without additional compensation.
J. Consultation
The Contractor shall designate representatives in their organization who shall be available periodically to the City for consultation. This consultation shall include preparing cost estimates for replacement of obsolete equipment, system modifications, and maintenance work for which specific service fees have not been established in this contract; and technical explanations of functional and operational characteristics of signals. Compensation for consultation services shall be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the Cost Proposal, Schedules B and C, included in this Solicitation and completed and returned by the Contractor in its Proposal.
K. Response and Service
1) The Contractor shall provide response and service on a twenty-four (24) hour, seven (7) day per week basis. Immediate action shall be taken to safeguard the public any time a signal installation becomes partly or totally inoperative from any cause whatsoever. The maximum response times shall be as follows:
i. Emergency and accident maintenance – one (1) hour
ii. Replacement of burned out signal faces:
1. Red faces on mast arms – two (2) hours
2. Red faces on poles – two (2) hours
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3. Green and yellow faces – three (3) hours
iii. All other signal maintenance – twenty-four (24) hours iv. Safety Lighting – forty-eight (48) hours
v. IISNS tubes – forty-eight (48) hours
2) Signal-on-flash, signal blackout not caused by a power outage, and any malfunction of pedestrian signals shall constitute an emergency. The City (Public Works Services or the Police Department) may extend the maximum response time for maintenance on a case-by-case basis if the signal remains operational in a satisfactory manner and the condition poses no immediate hazard to the public.
3) Preventative maintenance shall be completed as soon as possible and in all cases in no less than twenty-one (21) calendar days, unless extended in writing by the City.
4) Failure to meet the response time requirements by the Contractor shall be sufficient cause for the City to authorize maintenance to be completed by others and deduct the costs of said maintenance from payments due the Contractor.
Repetitive failure shall be deemed sufficient cause for the City to terminate the contract.
L. Light Emitting Diode (LED) Signal Faces
All traffic signal faces in Pacifica are LED’s. All pedestrian signals are LED countdown.
The LED traffic signal faces shall comply with the most recent version of ITE Cal-Trans specifications. As part of Normal Maintenance, all LED traffic signal faces will be replaced with LED signal faces upon failure or when the luminosity does not meet the minimum requirements as outlined in Section 2.6 Photometric Requirements of the California Department of Transportation LED Traffic Signal Specifications. The Contractor may, at Contractor’s expense maintain records and claim any manufacturers’ refund that may be applicable under the LED manufacturer’s warranty.
M. Signal Shut Down and Signal on Flash
The Contractor shall immediately notify the City’s Public Works Services Department and Police Department of any signal turn-offs or signal on flash necessitated by their operation.
Signal shut down of any duration and signal on flash operation in excess of fifteen (15) minutes must be first authorized by the Public Works Services Department and Police Department.
N. Spare Equipment
The Contractor shall maintain adequate storage and shop facilities and sufficient stock of spare parts and signal equipment to affect maintenance to the signals. The Contractor shall maintain at least one fully tested standby controller that is compatible with the City’s system, and one other fully tested standby controller that is compatible with Caltrans’ system. The Contractor will own and maintain all spare parts until installation in the City.
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O. Salvaged Equipment
The Contractor shall deliver any salvaged or salvageable equipment or material to the location in the City as designated by the Public Works Services Department. Any material or equipment declared non-salvageable by the Public Works Services Department shall be taken from the City and disposed of properly by the Contractor at Contractor’s cost.
Components such as mast arms and luminaries that are undamaged may be re-used at the direction of the City.
STREETLIGHTS
A. Unscheduled and/or Emergency Response Work
The City may request that the Contractor perform Unscheduled and/or Emergency Response Work on the street light system. This work shall be performed on a time and materials basis in accordance with the unit costs provided listed in Schedule B and C or by a negotiated cost.
The Contractor may have to respond to Unscheduled or Emergency Work during regular business hours (7:00 a.m. to 4:00 p.m., Monday through Friday) or after regular business hours. This work shall be performed on a time and materials basis in accordance with the unit costs listed in Schedule B and C or by a negotiated cost.
Unscheduled and Emergency Work includes, but is not limited to the following:
a. Downed poles (“knockdowns”) and other operational equipment related issues.
B. Equipment for Unscheduled and/or Emergency Work
Repair, replace or otherwise render in good working order any and all defective parts of the street light equipment with like make and model parts. Whenever equipment is removed, the City representative shall be notified by phone and email within twenty-four (24) working hours, except weekends and holidays (where the firm shall wait until the next business day to notify the City representative).
The Contractor shall cover the cost replacing any parts to the street lights. The City shall reimburse the Contractor for materials used for repairs, in an amount equal to the cost of the materials including an agreed mark-up price.
The Contractor, at own cost, shall place barricades, clean up debris, properly dispose of all damaged components.
C. Protocol for Unscheduled and/or Emergency Work
Maintain a single local telephone where an on-call technician can be reached at all times, twenty-four (24) hours per day. This telephone number will be made available to all persons designated by the City.
At the time the on-call technician is notified of unscheduled or emergency work by the City, he/she will call the designated City representative. If the designated representative is not
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available, the following numbers are available to verify that the on-call technician has received the call:
1) From 7:00 a.m. - 4:00 p.m. call (650) 738-3767 – a staff member will take the call and find another City representative.
2) From 4:00 p.m. – 7:00 a.m., an after hour telephone number will be provided in accordance with an established Traffic Signal service call procedure.
Upon completion of unscheduled or emergency work, contact the above telephone numbers and inform the City that the emergency work has been completed.
Upon completion of the unscheduled or emergency work, prepare estimates showing the cost breakdown of material and labor for replacement of such parts or equipment and submit the information to the City. Replacement of a parts or equipment, if ordered by the City, shall be paid for as “Extra Work.”
Special Note: Compensation for unscheduled or emergency work identified above will be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the Cost Proposal, Schedules B and C, included in this Solicitation and completed and returned by the Contractor in its Proposal. Compensation for travel time shall be included in the payment for unscheduled or emergency work for those calls originating between 3:30 PM to 7:00 AM, for the actual travel time to the City, up to a two (2) hour maximum.
D. Response and Service
The Contractor shall provide response and service on a twenty-four (24) hour, seven (7) day per week basis. Immediate action shall be taken to safeguard the public any time a street light becomes partly or totally inoperative from any cause whatsoever. The maximum response times shall be as follows:
1) Emergency and/or unscheduled Service – two (2) hours 2) Outages and Malfunctions – forty-eight (48) hours
Emergency Services shall include cleanup of debris due to accidents, erection of barricades and/or signs and to leave the area in a safe condition.
Final repairs shall be completed as soon as possible and in all cases in no less than twentyone (21) calendar days, unless extended in writing by the City.
Failure to meet the response time requirements by the Contractor shall be sufficient to cause for the City to authorize work to be completed by others and deduct the costs of said work from payments due the Contractor. Repetitive failure shall be deemed sufficient cause for the City to terminate the contract.
E. Salvaged Equipment
The Contractor shall deliver any salvaged or salvageable equipment or material to the location in the City as designated by the Public Works Services Department. Any material or equipment
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declared non-salvageable by the Public Works Services Department shall be taken from the City and disposed of properly by the Contractor at Contactor’s cost.
1.04 UNDERGROUND SERVICE ALERT (DIG ALERT) MONITORING
The Contractor will be required to adequately mark all traffic signal and street light conduits, traffic signal interconnect/communication lines, and equipment as well as street lights on behalf of the City in accordance with the California Government Code Section 4216 et seq. The City’s designated representative will monitor notifications submitted by Underground Service Alert (USA) to the City, and will furnish applicable notifications to a representative of the Contractor to coordinate the marking of any signalized intersections that may be scheduled for construction work or excavations as evidenced by notification from USA. The Contractor shall establish a process for monitoring and tracking the marking of any affected intersections; an Intersection Record Log shall be created, with the USA notification and corresponding action noted in the controller, with a copy provided to the City. The Contractor shall assume all liability for satisfying the City’s obligations to adequately identify underground structures in accordance with this law.
Compensation for providing USA – Dig Alert services identified above will be paid at a flat rate per occurrence in accordance with the Cost Proposal, Schedule A, included in this Solicitation and completed and returned by the Contractor in its Proposal. No additional or separate payment will be made for daily travel time from the Contractor’s base of operations to the City.
1.05 AD HOC ELECTRIC WORK
The contractor will be required to provide ad hoc electrical maintenance services for electrical equipment not listed in this RFP. Examples include the City’s flashing beacon system, speed feedback signs, parking lot lighting, athletic field lighting, park security lighting, etc. This work shall be performed at the discretion of the City on a time and materials basis in accordance with the unit costs provided listed in Schedule B and C or by a negotiated cost.
1.06 QUANTITY OF UNITS
The Contractor will be provided a list of the location of the existing five (5) traffic signals included in the contract after award (Appendix D). The Contractor will report to the City any discrepancies found in the list of traffic signals.
1.07 UPGRADES
The Contractor will be required to maintain any additional traffic signals and appurtenant devices as they are installed, or become a part of the maintenance requirements of the City.
Upgrade work may include but is not limited to the following:
A. Replacement of existing non-operative equipment as needed B. Enhancing equipment as needed or warranted
C. Installation of new traffic signal
D. When requested by the City, install, modify or upgrade traffic signals, street lights or electrical or mechanical traffic control or traffic safety devices
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No upgrade work shall be commenced or undertaken unless authorized in advance in writing by the City. Said written authorization is a condition precedent to the Contractor’s entitlement to reimbursement or remuneration for services. Upgrade work or extra work shall be performed in accordance with the most current version of the Caltrans Standard Plans and Caltrans Standard Specifications. This work shall be performed within a specified time limit established by the City and for a mutually agreed upon price. City will retain the right to perform any additional work by use of City forces or, in the alternative, to advertise such work for bids.
1.08 INSPECTION OF NEW OR MODIFIED SIGNAL SYSTEMS
When the City accepts new traffic signal systems into service, they will be included in the contract at the applicable lump sum cost for preventive and normal maintenance and at proposed unit rates for other maintenance as for existing signals, commencing on the date of acceptance of the traffic signal work. The Contractor shall, upon notification by the Engineer, to immediately commence servicing such signals.
1.09 WARRANTY SERVICE
New traffic signals and street lights are covered by the installing Contractor’s material and workmanship warranty for one (1) year after acceptance. Where parts or material become defective during this warranty period, the Contractor shall notify the City so that the warranty may be exercised. The Contractor shall be responsible for exercising maintenance and replacement covered by the warranty. At expiration of the warranty, servicing of traffic signals shall be performed in accordance with these specifications. No additional, or separate, compensation shall be paid for warranty service work. Compensation for reviewing new traffic signals as identified above will be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the Cost Proposal, Schedules A, B and C, included in this Solicitation and completed and returned by the Contractor in its Proposal.
1.10 MEETINGS
The assigned technician and/or supervisor shall be available to meet with the City’s designated representative on an as-needed basis at a mutually agreed upon time and place in the City to review each week’s maintenance activities.
No additional, or separate, compensation shall be paid for attending meetings, which shall be considered as included in the compensation paid for all the various services provided hereunder.
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
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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 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
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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.
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
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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.
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
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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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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
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 St. Francis Electric Inc. as Principal a Construction Services Agreement, dated the ___(Day) of ____ (month), 20___ (Year) (Agreement), titled Traffic Lights and Streetlights Service PROJECT located at City of Pacifica in the amount of $52,355.00 annually ($209,420.00 for four (4) years), which Agreement is by this reference made a part hereof, for the work described as follows:
Traffic Lights and Streetlight Service.
2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
3. NOW, THEREFORE, we, the undersigned Principal and ______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($_________________), 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.
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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
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
END OF DOCUMENT
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Appendix E to Construction Services Agreement
CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
1. THAT WHEREAS, City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to St. Francis Electric Inc. as Principal a Construction Services Agreement, dated the ___(Day) of ____ (month), 20___ (Year) (Agreement), titled Signal Lights and Streetlights Service PROJECT in the amount of $52,355.00 annually ($209,420.00 for four (4) years, which Agreement is by this reference made a part hereof, for the work described as follows:
Signal Lights and Streetlights Service.
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.
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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.
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
[Optional]
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CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
Resolution Approving Task Order No. 2 with Woodard & Curran for Rockaway Pump Station Hydraulic Modeling Project
RECOMMENDED ACTION:
Adopt a Resolution that:
A. Authorizes the City Manager to execute Task Order No. 2 with Woodard & Curran, Inc. for an amount of $38,530 for providing engineering services for the Rockaway Pump Station Hydraulic Modeling Project; and
B. Authorizes a 15% contingency in the amount of $5,780 and approves a total of $44,310 for this project; and
C. Authorizes the City Manager to execute all documents related to the project and future task orders not to exceed the project budget amount.
STAFF CONTACT:
Naomi Fuson, Assistant Engineer (Wastewater)
(650) 291-9167
[email protected]
Dan Patten, P.E., Engineering Manager (Wastewater)
(650) 922-7248
[email protected]
Louis Sun, P.E., Deputy Director of Public Works (Wastewater) (650) 738-4660
[email protected]
John Mullins, Interim Director of Public Works
(650) 738-3767
[email protected]
BACKGROUND/DISCUSSION:
The City of Pacifica completed its latest Wastewater Collection System Master Plan in August of 2021. Since this Master Plan has been completed, the City of Pacifica has experienced significantly wetter winters in 2021/22 and 2022/23. The City’s Wastewater Collection System and Calera Creek Water Recycling Plant (CCWRP) had much higher wastewater flows than anticipated. Wastewater flow measurements used to develop the computer models of the collection system were taken during comparatively drier years, and thus the models may not be as accurate for wastewater flows during wetter winters.
Sanitary sewers from the Vallemar and Rockaway neighborhoods drain into the Rockaway Pump Station (Rockaway Catchment Area), and wastewater is pumped into the CCWRP for 10 Packet Pg. 121
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treatment. The City’s Wastewater Capital Improvements Plan includes the Vallemar and Rockaway Beach Blvd Rehabilitation and Repair Projects to maintain the reliability of the collection system in these neighborhoods. To better evaluate the Rockaway Pump Station during these wet season flows, further assessment is needed. An updated collection system model of this area will help the City plan future capital improvement projects, identify areas of risk and plan for future private development.
On January 8, 2024, the City Council approved a Master Agreement with Woodard & Curran for the Rockaway Pump Station Hydraulic Modeling Project which included Flow Monitoring, Hydraulic Model Recalibration and Capacity Evaluation, completing a Technical Memorandum, and providing project management. Woodard Curran completed the City’s previous Collection System Master Plan and has built a computer model for the City of Pacifica’s facilities. Woodard & Curran was recommended for a sole source service as it would require significantly more costs and staff time for another consultant to review existing data, collect new data and develop a new computer model for the Rockaway Pump Station catchment area. Woodward & Curran is also an expert in this area of engineering and familiar with Pacifica and the City’s collection system challenges.
Woodard and Curran provided a draft analysis of the capacity of the pump station around the summer of 2024. The consultant looked at the pump curves and the system curve, accounting for the pressure of the common force main shared with the Linda Mar Pump Station and Sharp Park Pump Station. The firm capacity (2 pumps operating, 1 standby) was estimated to be approximately 4.5 Million Gallons per Day (MGD), with both Linda Mar and Sharp Park Pump Station active. Woodard and Curran also performed a follow-up evaluation which included recalibration of the City’s wastewater collection system hydraulic model with wet weather flow meter data for the system tributary to the Rockaway Pump Station from February 2024 to April 2024. The results of this hydraulic model recalibration show a peak hourly flow of 2.0 MGD for the December 2021 storm and a peak flow of 2.2 MGD for the 10-year design storm. Based on this analysis, the model predicts that the Rockaway Pump Station should have sufficient pumping capacity under both design scenarios. However, City staff have experienced capacity limitations when operating the pump stations during winter storms. Staff proposes a supplemental evaluation to identify other potential constraints of the Rockaway Pump Station.
This evaluation will include a review of pump performance and operation, force main pressure, and wet well size.
Staff recommends approving Task Order No. 2 based on the Master Agreement for Consultant Services approved by the City Council on January 8, 2024. All required documentation was submitted along with the proposal. As there are sufficient project funds approved as part of the FY 2024/25 Wastewater budget, the City Manager recommends the approval of Task Order No.2 to Woodard & Curran Inc. for $38,530 and approving a total budget of $44,310, which includes a 15% contingency in the amount of $5,780.
ALTERNATIVE ACTION:
Council may choose not to approve Task Order No. 2. However, such action could result in delay in identifying any potential insufficient elements in the sewer collection system as it is currently configured, and increase the risk of insufficient flow capacity, resulting in violations of operating permits. Staff does not recommend this alternate action.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Approval of Task Order No. 2 with Woodard & Curran is consistent with the following Council adopted Goals:
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• Improve and steward City infrastructure, streets and facilities: The Project will be assessing the citywide sewer collection system, identify any insufficient elements, and help identify potential future CIP projects which will greatly reduce the likelihood of future wastewater system violations.
FISCAL IMPACT:
The cost of Task Order No. 2 is $38,530. City staff recommends including a 15% contingency to the Task Order for any additional design work due to the complexity of the project. The Source and Use of Funds spreadsheet is shown below.
Use of Funds
Task Order No. 1 - Engineering Design Services $79,959
Contingency (15%) $11,994
Task Order No. 2 - Flow Monitoring and Hydraulic
Model Recalibration
$ 38,530
Contingency (15%) $5,780
Total Use of Funds $136,263
Project Fund Source
Enterprise Fund (Fund 34) Account No
34.900000.52800.C007.000
$175,070.50
Total Project Fund Source $136,263
Estimated Project Fund End Balance $38,808
No additional budget authority is necessary as sufficient funds have been allocated in the Wastewater Enterprise Fund FY 2024-25 budget for this project.
ORIGINATED BY:
Public Works - Wastewater Division
ATTACHMENT LIST:
Agreement_Woodard and Curran_20240822_Task Order No.
2_Rockaway_PS_Hydraulic_Modeling_Project - signed (PDF) 10 Packet Pg. 123
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RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING TASK ORDER NO. 2 WITH WOODARD AND CURRAN, INC. FOR THE ROCKAWAY PUMP STATION HYDRAULIC MODELING PROJECT, APPROVE A TOTAL BUDGET OF $44,310,
AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO
THE PROJECT NOT TO EXCEED THE BUDGET AMOUNT
WHEREAS, during the FY 2024-25 budget approval process, the City Council approved funding for Sewer System Master Plan Phase 2 Project; and
WHEREAS, during the December/January Storm Events and all subsequent storm events in early 2023, the collection system received more flows than anticipated from the previous collection system modeling; and
WHEREAS, on January 8, 2024, City Council approved a Master Agreement with Woodard & Curran for Rockaway Pump Station Hydraulic Modeling Project, and based on the analysis, the model predicts sufficient pumping capacity under both design scenarios; although, City staff have experienced capacity limitations when operating the pump stations during winter storms; and
WHEREAS, staff propose a supplemental evaluation is needed to identifying any potential insufficient elements in the sewer collection system as it is currently configured, and reduce the risk of insufficient flow capacity; and
WHEREAS, an updated collection system model for the Rockaway Pump Station will help the City plan future capital improvements, identify areas of risk in the area and plan for future private development, and further testing is needed to accurately determine the capacity of the Rockaway pump station and confirm the Modeling work performed in Task Order No. 1.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to execute a Task Order No. 2 with Woodard & Curran Inc. in the amount of $44,310 which includes 15% contingency in the amount of $5,780 for the Rockaway Pump Station Hydraulic Modeling Project; and Authorizing the City Manager to execute all documents related to the Project.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of October, 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
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_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 10 Packet Pg. 125
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CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
2024 July 4th Activities Report
RECOMMENDED ACTION:
Accept the staff report on the July 4th 2024 activities.
STAFF CONTACT:
Bill Glasgo, Police Captain
650-738-7314
[email protected]
BACKGROUND/DISCUSSION:
Each year, the July 4th holiday brings visitors and residents alike out to enjoy local festivities and scenic beaches. Community members participate in community events, followed by Safe and Sane Fireworks in the evening hours. While a holiday for most, City of Pacifica staff must work to coordinate community events, clean and stock beach facilities, and provide public safety. Illegal fireworks are a problem in the evening hours, causing the need for increased police and fire department presence. City departments collaborated this year, as in past years, to assure a safe and enjoyable July 4th holiday for community members and visitors.
Illegal Fireworks
Illegal fireworks have long been a problem not only in Pacifica, but throughout the state. The police department continued its public information campaign in 2024 to educate the community regarding the enforcement efforts and dangers related to illegal fireworks.
In the days leading to the July 4th holiday, police department personnel erected a lighted sign board on State Route One with a message reminding our community that illegal fireworks are not allowed in Pacifica, and of the potential for a $1,000 fine for violations. In addition, posters were distributed within the City educating community members about the Illegal Fireworks Social Host Ordinance, with the theme of "Host a Show, Pay the Dough." This information was followed up with social media posts on our City and police department platforms, and highlighted in Connect with Pacifica weekly newsletters. In addition, anti-litter posters were distributed to local businesses with the intention of keeping Pacifica clean, not only during the July 4th holiday, but year-round.
Safe and Sane Fireworks
This year, (13) non-profit groups received permits to sell Safe and Sane Fireworks. The groups attended a pre-sales informational event hosted by the Pacifica Police Department and North County Fire Authority. Fireworks booths were erected and inspected by a Fire Inspector before sales could commence. Fireworks sales went well this year without any problems being reported to police or fire departments.
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The fireworks sales season ends with mandatory beach clean-up efforts. Hosted by the Pacific Beach Coalition and assisted by Department of Public Works staff, non-profit groups report to beach locations in Pacifica to assist with clean-up efforts. Each group signs up for and works at least (10) hours on July 5th, then are required to provide at least (10) additional hours of cleanup on an assigned Saturday in July and August. City and Pacific Beach Coalition coordinate staffing and logistics based on the sign-ups from each group.
The below table indicates the number of hours of clean-up worked by each group. The total hours worked this year was 549 hours. Two groups failed to meet the minimum hours of beach clean- up as outlined in the Pacifica Municipal Code, and have been notified that they cannot participate in fireworks sales for two years. Two other groups failed to appear on the days they had signed up for, causing complications for City and Beach Coalition logistics, but did complete their hours on other days. These two groups have received warning letters that their failure to appear on their signed- up days in the future will result in future exclusion from the program.
Group Hours (20 required)
American Legion 32
Pacifica Moose Lodge 72
Pacifica Girls Softball 49.5
San Francisco Archers-SFA 57
Pacifica United Soccer Club 26.5
Pacifica Seadogs Baseball 22.5
Terra Nova High Boosters Club 76.5
Terra Nova High School Football 50
Bay Area Youth Baseball 21
Ingrid B Lacy/Oceana 49
Pacifica Youth in Action 52
Passion for Sports 41
Enforcement
The July 4th holiday this year proved to be another busy day for the police department. As has been the long-standing policy, all days off were cancelled, with all sworn police personnel working at some point during the day. Police staffing was augmented by (9) officers total from South San Francisco Police Department, Daly City Police Department, Broadmoor Police Department, and Colma Police Department. In past years, staff has been augmented by up to (10) additional officers. This was not possible this year due to staffing shortages experienced by many local police departments. There were (2) Police employees working in the police department front office, handling non-emergency telephone calls.
The below table depicts total calls for service and fireworks related calls for service. Statistics are shown for the entire day (July 4th though July 5th at 2:00 AM) as well as for the busiest portion of the day (July 4th 7:00 PM through July 5th at 2:00 AM). The latter is the time period when the police department is the busiest, fireworks activity is at the highest, and the number of officers working is the highest.
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2022 2023 2024
July 4th
(All Day)
through
July 5th
(2AM)
July 4th
(7PM)
through
July 5th
(2AM)
July 4th
(All Day)
through
July 5th
(2AM)
July 4th
(7PM)
through
July 5th
(2AM)
July 4th
(All Day)
through
July 5th
(2AM)
July 4th
(7PM)
through
July 5th
(2AM)
Total Calls for Service 240 102 242 157 229 (-5%) 133 (-15%) Fireworks Calls Only 161 85 106 93 93 (-12%) 75 (-19%)
This year, there were 10 administrative citations issued, compared to 21 in 2023. This year, 2 administrative citations were for violations of the social host ordinance. Those who received citations were adults between the ages of 24-51. Five of the individuals who received citations are Pacifica residents.
Officers were also busy handling other non-firework related calls for service throughout the day.
This included responding to 9-1-1 calls, welfare checks, and traffic collisions. Also, of note, officers responded to the scene of two fires. This included a vegetation fire with access challenges, and the second a fire involving a single-family home in a neighborhood. Officers were at each scene for approximately one hour providing traffic control and scene security.
One staff member suffered minor injuries when he tripped and fell while responding to a report of a house fire. No damage to City property was reported due to any incidents. There were no other significant law enforcement related incidents on July 4th.
Overall, illegal firework activity for the entire day on July 4th decreased from last year by 12%, but the portion of illegal firework activity experienced in the nighttime hours also decreased by 19%, as indicated in the call volume table above. Total calls for service throughout the entire day on July 4th decreased by 5%.
Officers dealing with fireworks violators report the usual attitude of “It’s just fireworks, we do it every year.” Pre-July 4th social media activity reflected frustration from community members regarding illegal fireworks usage, while many postings echoed the same attitude heard on the evening of July 4th from violators.
Costs
Safe and Sane fireworks sales were robust this year, with the City 7% safety fee drawing $37,464. On January 1, 2024, AB1403 was signed into law capping the gross sales tax amount to each city at 7%. The table reflects in previous years Pacifica was able to collect 8% of gross sales, resulting in less sales tax revenue from Safe and Sane Firework sales for 2024. City expenditures for July 4th were largely driven by public safety personnel and overtime costs due to increased staffing needed by the Pacifica Police Department, North County Fire Authority, and Public Works. Police Department expenditures were higher this year because last year July 4 th fell on a training Tuesday and all personnel were already scheduled to work. Public Works expenditures were higher than recent years with the reintroduction, and expansion, of the Frontierland Park celebration event. North County Fire Authority expenditures decreased as compared to 2023 due to reduced staffing.
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2020 2021 2022 2023 2024
Police $17,515 $17,663 $15,438 $12,070 $18,964
Fire $15,901 $15,995 $15,314 $18,615 $15,051
Public Works $5,761 $5,665 $5,680 $7,277 $11,740
Total $39,176 $39,323 $36,432 $37,962 $45,755
8% Fee $41,676 $39,305 $41,211 $42,484
7% Fee $37,464
North County Fire Authority
The North County Fire Authority response to July 4th festivities included proactive community outreach, as well as augmented staffing on July 4th. During community outreach, special emphasis was placed on warning the public of the dangers associated with the use of fireworks.
The public was encouraged to attend professional fireworks displays and refrain from using illegal fireworks.
The following is a list of public education and community outreach activities:
• Provided residence and local news outlets information through social media on the potential dangers of fireworks.
• Fire companies, chief officers and fire prevention personnel interacted with the public, discussing fire safety and the penalties associated with the use of illegal fireworks. • Posted safety information regarding Fourth of July on NCFA website and through social media.
• Interacted with the public on fireworks and fire safety topics and advised where on beaches fireworks were allowed and not allowed in City of Pacifica. • Reviewed and approved permits for all fireworks stands (City of Pacifica). • Conducted safety and fire code compliance inspections of each firework stand permitted within the City of Pacifica.
• Provided fireworks safety information to the public.
On July 4th, the North County Fire Authority augmented staffing in Pacifica by adding (2) additional fire companies and select overhead personnel to prepare for the potential of additional emergency incidents associated with the use of illegal and legal fireworks.
In Pacifica between 8 am on July 4th and 8 am on July 5th, the North County Fire Authority responded to 7 miscellaneous fires related to fireworks.
Parks, Beaches and Recreation
The Parks, Beaches and Recreation Department held the annual Rocket Run, a five-mile race that occurs at 9 am. Also, of note the annual July 4th celebration was held at Frontierland Park.
This family-oriented event offered food, crafts, games and other events to celebrate the holiday.
ALTERNATIVE ACTION:
The council could decide to not accept this report and give alternate direction.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The collaborative effort to address July 4th related issues and events is aligned with the City of Pacifica Strategic Plan Goal #5: Broaden public communications and collaboration. 11 Packet Pg. 138
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FISCAL IMPACT:
There is no fiscal impact in accepting this report. The fiscal impact regarding July 4th activities expenditures is outlined in the report.
ORIGINATED BY:
Police
ATTACHMENT LIST:
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CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
Consideration of a Resolution: 1) Denying Appeals of Baylands Soil Pacifica LLC and Dan Stegink, of the Planning Commission’s Effective Denial of Various Actions to Approve the Rockaway Quarry Reclamation Plan; and 2) Denying the Rezoning RZ-210-22, Development Plan DP-86-22, Specific Plan SP-179-22, Quarry Use Permit UP-71-16, Variance PV-531-22, and Tree Permit TP-1-22 (File No. 2016-001) (APN 018-150-120 and 018-150-150) CEQA:
Exempt under CEQA Guidelines Section 15270 (Denial of a project) RECOMMENDED ACTION:
Adopt a Resolution: 1) Denying the Appeals by Baylands Soil Pacifica LLC and Dan Stegink, of the Planning Commission’s Effective Denial of Various Actions to Approve the Rockaway Quarry Reclamation Plan; and 2) Denying Rezoning RZ-210-22, Development Plan DP-86-22, Specific Plan SP‐179‐22, Quarry Use Permit UP‐71‐16, Variance PV‐531‐22, and Tree Permit TP‐1‐22 (File No. 2016‐001)
STAFF CONTACT:
Kavitha Kumar, Interim Director, Community Development Department (650) 738-7341
[email protected]
INTRODUCTION:
This agenda item recommends adoption of a resolution denying two appeals of the Planning Commission’s effective denial of the Rockaway Quarry Reclamation Plan and denying the Reclamation Plan, as revised to include 874,000 cubic yards of imported fill (“Project”). The attached Resolution has been prepared as directed by the City Council.
SITE DESIGNATIONS:
General Plan: Visitor-Serving Commercial (VSC) and Conservation (C) Current Zoning: C-3X/HPD/CZ (Service Commercial with Public Vote Required to Rezone for Residential Use/Hillside Preservation District Overlay/Coastal Zone Combining District) Proposed Zoning: P-DX/HPD/CZ (Planned Development with Public Vote Required to Rezone for Residential Use/Hillside Preservation District Overlay/Coastal Zone Combining District) with Approved Development Plan
PROJECT DESCRIPTION:
The Council hears appeals de novo, namely as if hearing for the first time. The City Council considered the overall project approvals for the proposed reclamation plan, as described above, on September 23, 2024, and directed staff to prepare a resolution denying the Project with 12 Packet Pg. 140
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associated applications and entitlements with a unanimous vote of 5-0-0.
Pursuant to the input from the Planning Commission and public comment at the March 18, 202412, Planning Commission Meeting and the May 20, 202434, Study Session, the Applicant proposed an alternative to reduce the amount of imported fill to approximately 583,000 CY, using the Reduced Fill Alternative described and analyzed in the Environmental Impact Report (EIR, Chapter 6) for the Project (“Reduced Fill Alternative”). However, the Applicant did not revise their Project application. Therefore, the application still proposed a Reclamation Plan with 874,000 cubic yards which was presented to the Planning Commission on August 19, 202456.
AUGUST 19, 2024 PLANNING COMMISSION MEETING:
On August 19, 2024, the Planning Commission held a public hearing to consider the Project, with a recommendation from staff to approve the Reduced Fill Alternative. During the public hearings with the Planning Commission, there were several concerns raised including consistency with the General Plan, the amount of imported fill, traffic, phasing of the reclamation and a future specific plan, SMARA requirements, testing, tribal cultural resources impacts, and water quality impacts. Ultimately, the Planning Commission effectively denied the application by a vote of 0-5-2 (Devine and Godwin absent) following a motion to approve the Specific Plan SP‐179‐22, Quarry Use Permit UP‐71‐16, Variance PV‐531‐22, and Tree Permit TP‐1‐22 (File No. 2016‐001); recommend approval to the City Council on Rezoning RZ‐210‐22 and Development Plan DP‐86‐22; and Certification of the Final Environmental Impact Report for a reclamation plan to reclaim the former Rockaway Quarry including construction of public access trails, drainage infrastructure, and wetland mitigation areas, on two undeveloped parcel totaling approximately 86-acres. While the Planning Commission did not vote to deny the Project, the unanimous “No” vote on the collective motion to approve with no further action from the Planning Commission is considered an effective denial.
APPEAL OF PLANNING COMMISSION EFFECTIVE DENIAL BY BAYLANDS SOIL PACIFICA, LLC (“BAYLANDS”):
On August 27, 2024, Baylands timely submitted a City of Pacifica Appeal Form, letter, and applicable fee to the City Clerk’s office to appeal the Planning Commission de facto denial of the Project. Baylands cited a number of reasons for the appeal in the appeal form and attached letter, which are summarized and addressed by staff at the September 23, 2024, City Council appeal Hearing78.
1 March 18, 2024 Planning Commission Meeting Report:
https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1635 2 March 18, 2024 Planning Commission Video: https://www.youtube.com/watch?v=admme15GedU 3 May 20, 2024 Planning Commission Meeting Report:
https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1639 4 May 20, 2024 Planning Commission Video: https://www.youtube.com/watch?v=WlbEFuu0NZo 5 August 19, 2024 Planning Commission Meeting Report:
https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1645 6 August 19, 2024 Planning Commission Video: https://www.youtube.com/watch?v=fBfYn_XGCuE 7 September 23, 2024 City Council Meeting Report:
https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1621 8 September 23, 2024 City Council Video: https://www.youtube.com/watch?v=iS6mnseMZOU 12 Packet Pg. 141
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APPEAL OF PLANNING COMMISSION EFFECTIVE DENIAL BY DAN STEGINK (“STEGINK”):
On August 29, 2024, Stegink timely submitted a City of Pacifica Appeal Form, letter, and applicable fee to the City Clerk’s office to appeal the Planning Commission de facto denial of the Project. Stegink cited a number of reasons for the appeal in the appeal form and attached letter, which are summarized and addressed by staff at the September 23, 2024, City Council appeal Hearing78.
SEPTEMBER 23, 2024 CITY COUNCIL MEETING:
Pursuant to PMC section 9-4.3208, the Council may approve, deny or modify the Development Permits, after considering the appeal. The Council is also the final decision-maker on the proposed Rezoning and Development Plan. The City Council considered the Project and staff recommendations and determined to deny the appeals and the Project and provided staff with the basis for findings to support these denials as supported by substantial evidence in the record. Staff has memorialized these findings in the attached Resolution which findings include denial of the following Project components:
1. Rezoning and Development Plan: The findings include inconsistency with the General Plan and HPD requirements and address that the Reclamation Plan does not include the minimum amount of fill necessary to reclaim the site.
2. Specific Plan permit: The findings are based on the fact that the development plan is not approved. Therefore, the Specific Plan permit cannot be found consistent with an approved Development Plan.
3. Quarry Use permit: The findings are based on non-compliance with the General Plan, Zoning Code and SMARA findings.
4. Variance: The findings are based on the fact that the scope of the disturbance and fill and impacts of the Project do not justify the granting of a variance.
5. Tree Permit: The findings are based on the fact that no trees need to removed, as the Project is being denied.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The Project is not directly associated with an item on the City Council’s 2024-25 Work Plan. It is the City Council’s normal governance process to hear and determine appeals of Planning Commission actions under the Pacifica Municipal Code.
STAFF RECOMMENDATION:
Staff recommends denying the appeals filed by Baylands Soils Pacifica, LLC and Dan Stegink, and denying the Project.
ORIGINATED BY:
Community Development Department
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ATTACHMENT LIST:
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RESOLUTION NO.
ADOPT A RESOLUTION (1) DENYING APPEALS OF DAN STEGINK AND BAYLANDS SOILS PACIFICA, LLC, OF THE PLANNING COMMISSION’S EFFECTIVE DENIAL OF VARIOUS ACTIONS ON THE ROCKAWAY QUARRY RECLAMATION PLAN; AND (2) DENYING REZONING RZ-210-22, DEVELOPMENT PLAN DP-86-22, SPECIFIC PLAN SP-179- 22, QUARRY USE PERMIT UP 71-16, VARIANCE PV-531-22, AND TREE PERMIT TP-1-22 (FILE NO. 2016-001)
______________________________________________________________________________ Initiated by: Paul Heule and The Preserve @ Pacifica, LLC (“Owner”) and Baylands Soil Pacifica LLC (“Baylands”) (collectively, the “Applicant”)
WHEREAS, an application was submitted to reclaim and restore the former Rockaway Quarry as required by the Surface Mining and Reclamation Act (“SMARA”), California Public Resources Code, Section 2710 et seq., incorporated by reference in Chapter 2 of Title 9 of the Pacifica Municipal Code (“PMC”), by importing approximately 1,000,000 cubic yards of soil to restore the excavated quarry face and other areas to a pre-mining condition, establishing 1.55 acres of new seasonal wetlands and a new
0.20-acre California red-legged frog pond, constructing new unpaved recreational trails and drainage improvements throughout the site, and removing 25 protected trees, on the former Rockaway Quarry, approximately 86-acres in area, located west of State Route (SR) 1 and between Reina del Mar Avenue and Rockaway Beach Avenue (APNs 018-150-120 and 018-150-150) (“Project”); and WHEREAS, a prior reclamation plan for the Project site was previously approved by the City in 1998, and remains in effect; however, the proposed Project would alter the prior reclamation plan; and
WHEREAS, the Project site is located in the C-3X/HPD/CZ (Service Commercial with Public Vote Required to Rezone for Residential Use/Hillside Preservation District Overlay/Coastal Zone Combining District) Zoning District; and WHEREAS, the Project site would require a rezoning to the P-DX/HPD/CZ (Planned Development with Public Vote Required to Rezone for Residential Use/Hillside Preservation District Overlay/Coastal Zone Combining District) zoning district from the existing C3X/HPD/CZ zoning district as required by the Hillside Preservation District (HPD) overlay zoning district standards in PMC Section 9-4.2256, and require approval of a Development Plan to assign site-specific zoning pursuant to PMC Section 9-4.2203, both of which are legislative actions and require City Council adoption of an ordinance pursuant to state law and the PMC; and
WHEREAS, upon the Project site’s rezoning to the P-DX (Planned Development with Public Vote Required to Rezone for Residential Use) Zoning District, the Project would require approval of a specific plan prior to issuance of a grading and/or building permit to ensure consistency with the approved development plan pursuant to PMC Section 9-4.2208 et seq.; and
WHEREAS, the Project would require approval of a quarry use permit to authorize reclamation of a quarry pursuant to PMC Section 9-2.04; and WHEREAS, the Project would require a variance pursuant to PMC Section 9-4.3401 to exceed the coverage limitation for grading within the HPD overlay zoning district contained 12 Packet Pg. 144
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in PMC Section 9-4.2257; and
WHEREAS, the Project would require approval of a tree permit to authorize removal of protected trees pursuant to PMC Section 4-12.04(a); and WHEREAS, the Project site is located within the Coastal Zone; however, the site is not within the City of Pacifica’s Certified Local Coastal Program and an application for a Coastal Development Permit must be separately approved for the Project by the California Coastal Commission (“CCC”); and
WHEREAS, henceforth, the rezoning and development plan shall collectively be referred to as the “Legislative Actions” and the specific plan permit, quarry use permit, variance, and tree permit shall collectively be referred to as the “Development Permits”; and WHEREAS, City of Pacifica Community Development Department (formerly the City of Pacifica Planning Department) is the Lead Agency for preparing the environmental review for the Project pursuant to the California Environmental Quality Act (CEQA) and for Project approval; and
WHEREAS, the City of Pacifica Planning Division issued a Notice of Preparation of a draft environmental impact report (DEIR) on September 2, 2020, for the Project, which was distributed in compliance with CEQA Guidelines Section 15082; and WHEREAS, the City prepared the Rockaway Quarry Reclamation Plan Project Draft Environmental Impact Report (State Clearinghouse No. 2020090036) for the Project in accordance with Public Resources Code Section 21000 et seq. and CEQA Guidelines Section 15000 et seq.; and
WHEREAS, on February 16, 2022, the City of Pacifica issued a Notice of Completion and Notice of Availability for the DEIR, which was distributed in compliance with CEQA Guidelines Sections 15085, 15087, and 15105 and Public Resources Code Sections 21091 and 21092; and
WHEREAS, on February 16, 2022, the City of Pacifica distributed copies of the DEIR to public agencies which have jurisdiction by law with respect to the Project and to publicly accessible repositories including the Sharp Park and Sanchez branches of the Pacifica Library and invited comments on the DEIR in compliance with CEQA Guidelines Sections 15085, 15087, and 15105 and Public Resources Code Sections 21091 and 21092; and WHEREAS, the 45-day minimum public review and comment period for the DEIR ran from February 16, 2022, through April 4, 2022; and
WHEREAS, written comments on the DEIR were collected and responses to comments (“RTC”) were considered in the revisions made to the DEIR to comprise the Final EIR (FEIR); and
WHEREAS, the Rockaway Quarry Reclamation Plan Project Final Environmental Impact Report (State Clearinghouse No. 2020090036) was made available to the public on January 13, 2023; and
WHEREAS, the FEIR identified certain potentially significant adverse environmental impacts from the Project and recommends certain mitigation measures regarding such effects; and
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WHEREAS, the Planning Commission of the City of Pacifica held a duly noticed public hearing on the Project on June 5, 2023; and
WHEREAS, where the planning commissioners and members of the public expressed concerns and requests for more information on the potential impacts of the Project. The comments primarily pertained to air quality and greenhouse gas (GHG) emissions, effects on biological resources, soil testing criteria of imported fill, potential water quality impacts due to erosion and stormwater runoff, and traffic concerns; and WHEREAS, in response to the comments expressed at the June 5, 2023, Planning Commission meeting, particularly those of the commissioners, the Applicant prepared a Revised Reclamation Plan (“Revised Project”). Among other revisions, the Revised Project requires a reduced amount of imported fill (874,000 cubic yards) relative to the amount required by the previously proposed Project; and
WHEREAS, the City’s CEQA consultant evaluated the Applicant’s changes and determined they do not change the analysis and conclusions in the draft and final EIRs and are anticipated to result in fewer environmental impacts than the previously proposed Project; and
WHEREAS, the City’s CEQA consultant further determined that the Revised Project does not constitute: (1) information that shows a new significant impact; (2) information that shows an increase in the severity of an impact (unless mitigation measures are identified to reduce it to acceptable levels); (3) information that identifies a feasible new alternative or mitigation measure considerably different from other analyzed alternatives or mitigation measures that would clearly lessen project impacts and the applicant declines to implement the measure; and/or (4) information that demonstrates that the Draft EIR was fundamentally flawed, basically inadequate, and conclusory in nature, thus, precluding meaningful public review and comment. Rather, any new information clarifies or amplifies the analysis in the Draft EIR. Therefore, recirculation of the Draft EIR was not warranted; and WHEREAS, the Planning Commission of the City of Pacifica held a duly noticed public hearing on the Revised Project on March 18, 2024; and
WHEREAS, the commissioners and members of the public expressed concerns regarding the Revised Project. The concerns primarily pertained to the quantity and quality of imported fill, traffic concerns including truck trips, consideration of seasonal variations in reclamations activities, and public health and environmental impacts including biological and tribal cultural resources impacts; and
WHEREAS, the Planning Commission continued the hearing to May 6, 2024, to allow the Applicant time to address the concerns expressed at the March 18, 2024, Planning Commission meeting; and
WHEREAS, the May 6, 2024 meeting was later cancelled and replaced with a Planning Commission Study Session held on May 20, 2024, upon the request of the Applicant; and
WHEREAS, at the May 20, 2024, Study Session, the Applicant proposed an alternative that would import approximately 583,000 cubic yards of soil (the “Reduced Fill Alternative”) with the option for further reductions after a specific planning process to receive input from the Planning Commission; and
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WHEREAS, the commissioners and members of the public reiterated concerns pertaining to quantity and quality of imported fill, soil testing, water quality, tribal cultural resources, truck trips and traffic, and sought information and clarification on the SMARA requirements and process, and the Reduced Fill Alternative and correlation with the specific plan process; and
WHEREAS, on July 2, 2024, the applicant ’s attorney submitted a letter on behalf of the Applicant specifically proposed a plan as an alternative (“July 2 Proposal”) with a maximum amount of 583,000 cubic yards of imported fill, noting that the Applicant “needs to fill [the] quarry pit and grade the site to restore wetlands and habitat as part of reclamation. It takes approximately 653,000 cubic yards of fill (583,000 cubic yards of which is imported fill) to do that even with a future effort to implement development as reclamation proceeds”; and WHEREAS, the July 2 Proposal further noted that if a “Specific Plan is approved by 2027, then the applicant/property owner will limit the amount of imported fill to a total of 400,000 cubic yards provided that sufficient fill material can be generated on site to fill the quarry so that development of future end uses contemplated in the General Plan may proceed after reclamation”;
WHEREAS, the CEQA’s consultant provided a memorandum in response to comments regarding the cultural and tribal cultural resources on the Quarry site, which provided additional discussion on the impacts and confirmed the analysis in the FEIR (“Cultural Resources Memorandum”). This Cultural Resources Memorandum does not constitute: (1) information that shows a new significant impact; (2) information that shows an increase in the severity of an impact (unless mitigation measures are identified to reduce it to acceptable levels); (3) information that identifies a feasible new alternative or mitigation measure considerably different from other analyzed alternatives or mitigation measures that would clearly lessen project impacts and the applicant declines to implement the measure; and/or (4) information that demonstrates that the Draft EIR was fundamentally flawed, basically inadequate, and conclusory in nature, thus, precluding meaningful public review and comment. Rather, any new information clarifies or amplifies the analysis in the Draft EIR.
Therefore, recirculation of the Draft EIR is not warranted; and WHEREAS, the Planning Commission of the City of Pacifica did hold a duly noticed public hearing on the Revised Project and considered the July 2 Proposal on August 19, 2024, at which time it considered all oral and documentary evidence presented, and incorporated all testimony and documents into the record by reference.
WHEREAS, the Planning Commission of the City of Pacifica made a motion to adopt a resolution to approve the Revised Project, as conditioned, but the motion failed with a vote of 0-5-2 (Devine and Godwin absent); and
WHEREAS, on August 27, 2024, Baylands Soils Pacifica, LLC (“Baylands”) filed an appeal (“Appeal 1”) of the Planning Commission’s effective denial; and WHEREAS, on August 29, 2024, Dan Stegink (“Stegink”) filed an appeal (“Appeal 2”) of the Planning Commission’s effective denial; and
WHEREAS, the City Council of the City of Pacifica did hold a duly noticed public hearing on the two appeals and Revised Project on September 23, 2024, at which time it considered all oral and documentary evidence presented, and incorporated all testimony and documents into the record by reference; and
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WHEREAS, after the close of the City Council hearing, the City Council continued to express concerns about the Revised Project, as conditioned, noting, among other things, the following: the fact that there is an existing reclamation plan already approved by the City, concerns about the amount and necessity of imported fill, and inconsistencies with the General Plan; and WHEREAS, after discussion and deliberation, the City Council voted 5-0 to direct staff to bring back a resolution denying the Revised Project based on the evidence in the record; and WHEREAS, as the Applicant did not amend its Project application to include the July 2 Proposal, this Resolution acts on and denies the Revised Project; however, the City Council declined to condition the Revised Project as set forth in the July 2 Proposal for the same or similar reasons as set forth in this Resolution, as well as due to the absence of clear plans, such as grading and tree plans, demonstrating how the July 2 Proposal would be implemented.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica as follows:
A. Recitals. The above recitals are true and correct and material to this Resolution.
B. Findings. In making its findings, the City Council relied upon and hereby incorporates by reference all correspondence, staff reports, plans, oral and written comments, and all other related materials that form the basis of the record for the hearing.
C. Appeals. The City Council of the City of Pacifica does hereby deny Appeal 1 and deny Appeal 2, based on the following findings pertaining to these Appeals of the Planning Commission’s action:
1. Appeal 1 Filed By Baylands Soil Pacifica, LLC (“Baylands”).
Basis 1. The City Council should overturn the Planning Commission’s denial because it was not supported by substantial evidence.
Finding: The Planning Commission effectively denied the Development Permits. The City Council, as the appellate body, is the ultimate decision-maker and is making findings based on substantial evidence in this resolution.
Basis 2. The City Council should overturn the Planning Commission’s denial of Project because the Commission’s denial was not supported by substantial evidence.
Finding: The Planning Commission effectively denied the Development Permits. The City Council, as the appellate body, is the ultimate decision-maker and is making findings based on substantial evidence in this resolution.
Basis 3. The Planning Commissioner erroneously stated that they could not make the required findings for approving the Project but they did not adopt any findings to reject the Project Approvals.
Finding: The Planning Commission effectively denied the Development Permits. Therefore, no findings were necessary. The City Council, as the appellate body, is the ultimate decision-maker and is making findings in this resolution.
Basis 4. The Planning Commission erred and abused its discretion because the Planning Commission did not adopt any findings to deny the Project in violation of State Law. 12 Packet Pg. 148
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Finding: The Planning Commission effectively denied the Development Permits. Therefore, no findings were necessary. The City Council, as the appellate body, is the ultimate decision-maker and is making findings in this resolution.
Basis 5. The Planning Commission erroneously claimed that the Reclamation Plan would not mitigate environmental impacts to the maximum extent feasible.
Finding: Since the Planning Commission did not approve the project, no CEQA action was required. (CEQA Guidelines Section 15270.)
Basis 6. The Planning Commission misconstrued the Project Specific Plan Finding: There is no evidence in the record that the Planning Commission misconstrued the Specific Plan requirements.
Basis 7. The City Council should review this Appeal and reject the Planning Commission’s Decision rejecting the Project approvals.
Finding: As this appeal is heard de novo, the City Council may approve, deny or modify the application as if it were reviewing the action anew. (PMC Section 9-4.3208.) Thus, the Council may consider the application and determine whether the Reclamation Plan in fact should be approved. In considering the issues raised by this application and following review of all the application materials, the City Council has determined to deny the Revised Project.
For the foregoing reasons, there is no basis to overturn the Planning Commission’s effective denial.
2. Appeal 2 Filed By Dan Stegink.
Basis 1. Felons involved should be barred from doing business in Pacifica Finding: The City is not able to prohibit any individual and/or entity from doing business in Pacifica.
Basis 2. Nothing in Quarry requires remediation or imported fill Finding: Under State law, the property owner is required to reclaim the Quarry site, subject to SMARA and the City’s Surface Mining and Reclamation Ordinance Pacifica Municipal Code (PMC) Section 9-2.01 and obtain a SMARA Compliance Review from the California Department of Conservation, Division of Mine Reclamation.
Basis 3. Quarry is an Indigenous cultural asset worthy of both California and National registration of Historic Places Designation
Finding: Per the August 13, 2024 Memo by Raney Planning and Management, Inc., although the Rockaway Quarry does appear eligible for inclusion on the NRHP or CRHR under Criterion A/1 for its association with reconstruction efforts following the San Francisco Earthquake of 1906, the resource does not demonstrate sufficient integrity to be considered eligible for listing on the registries. Archival research did not reveal information sources that can be used to reconstruct the operational processes, personnel, contracts, business relationships, revenue, or policies involved with shaping Rockaway Quarry. Field investigations revealed no significant historic-era features or materials. As such, the resource is recommended as not eligible for inclusion to the NRHP or CRHP under Criterion B/2, C/3, or D/4. Further, as this resolution denies the Revised Project, the City Council does not need to make findings under CEQA.
Basis 4. The Biological Resources Report is inadequate.
Finding: The EIR analyzes the potential for these species to be on site. The EIR states that the Project site does not contain suitable aquatic habit with ponds and basking areas that would support Western pond turtles. The EIR acknowledges two known detections of California Red12 Packet Pg. 149
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Legged frogs on the Project site and the Project includes restoration of a 0.20- acre California Red-Legged frog pond. The EIR acknowledges that the San Francisco Garter Snake is known to occur on Project site. Additionally, there are mitigation measures in the EIR that require training of employees to identify these species during reclamation activities, conduct surveys prior to reclamation activities, and limit reclamation activities during known active times for both species.
Further, as this resolution denies the Project, the City Council does not need to make findings under CEQA.
As set forth above, there is no basis for Mr. Stegink’s appeal.
NOW, THEREFORE BE IT FURTHER RESOLVED, that following its de novo review of the Revised Project, the City Council of the City of Pacifica hereby denies the Revised Project based on the findings set forth below:
A. California Environmental Quality Act. With respect to the California Environmental Quality Act (“CEQA,” codified at California Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.), as set forth in CEQA Guidelines section 15270(a), “CEQA does not apply to projects which a public agency rejects or disapproves.” Therefore, this resolution denying the Revised Project approvals is exempt from CEQA and the City Council takes no action to certify the EIR.
B. Legislative Approvals: Rezoning and Development Plan.
1. Findings. With respect to the findings required for Rezoning RZ-210-22 and Development Plan DP-86-22, the City Council considered all of the required findings set forth in Pacifica Municipal Code (“PMC”) section 9-4.2206, and hereby finds that the following findings cannot be met:
a. Section 9-4.2206(b) sets forth the following finding: “Each unit of the development, as well as the total development, can exist as an independent development capable of creating an environment of sustained desirability and stability or adequate assurance that such objective will be attained.”
The Revised Project is not capable of creating an environment of sustained desirability and stability nor does it adequately assure that these objectives can be attained. As the Applicant is unclear as to the ultimate end use of the Project site (open space or development) and has proposed imported fill amounts that range from almost 1 million cubic yards in the original application, to 874,000 cubic yards for the Revised Project, to 583,000 cubic yards and 400,000 cubic yards in the July 2 Proposal, it is uncertain how the site would ultimately develop. Further, it is unclear exactly how much fill would be needed for development of the ultimate end uses. Ultimate development could involve additional unanticipated fill, removal of fill placed on the site through reclamation, or additional grading.
b. Section 9-4.2206(c) sets forth the following finding: “The land uses proposed will not be detrimental to the present or potential surrounding uses and will have a beneficial effect which would not be achieved through other districts.”
The Revised Project would be detrimental to the present and potential surrounding uses as it would create excess truck traffic along an already congested local highway, and involve grading and fill that may not be necessary for development of ultimate end uses.
Further, the Revised Project does not minimize grading to the maximum extent practicable as it maintains slopes greater than 2:1 slope on the Revised Project site, as described in more detail in Finding G(1)(a). This amount of grading creates the necessity for a large amount imported fill, which in turn creates detrimental impacts on the present uses regarding traffic and a longer reclamation period, impacting surrounding neighborhoods and highways.
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c. Section 9-4.2206(d) sets forth the following finding: “The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PD District.
The increase in traffic on streets and thoroughfares during construction is not suitable nor adequate to address the impacts resulting from approximately 161 truck trips per day, as proposed in the Revised Project. This would be a significant increase in traffic on the adjacent street network over the proposed four-year period of reclamation.
Further, the number of truck trips is due to the amount of imported fill in the Revised Project, a number that the Applicant has revised numerous times throughout the approval process. Thus, it is not clear what amount of imported fill is ultimately the minimum required for reclamation.
d. Section 9-4.2206(g) sets forth the following finding: “The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development, and the P-D District uses proposed are in conformance with the General Plan and, where applicable, the Local Coastal Plan, or that changes in the General Plan or Local Coastal Plan are justified.”
The area surrounding the development cannot be planned and zoned in coordination and substantial compatibility with the Revised Project. The Applicant has suggested a number of possible end uses and imported fill amounts during the permitting and hearing process, as described above. Therefore, it is unclear what will ultimately develop on the Project site and how much grading will be necessary for that development. Given this lack of certainty, it is unclear exactly whether or not the amount of grading and subsequent impacts will be necessary for ultimate development and the surrounding area cannot be planned in compatibility with the Revised Project.
In addition, the Revised Project is not consistent with the General Plan. First, the Revised Project site is located within the HPD (Hillside Preservation District) overlay district and the Revised Project exceeds the HPD coverage standards. The HPD overlay district includes coverage controls that limit the allowable surface area of buildings, paving, and grading based on a formula that relates to the size and average slope of the Revised Project site as provided in PMC Section 9-4.2257. Sheets C0.1 and C1.0 in Attachment E of the Planning Commission October 2023 staff report demonstrate in more detail the grading area and calculations for allowable and proposed HPD coverage on the Quarry Parcel and Eastern Parcel. The proposed reclamation plan would include the HPD coverage values provided in Table 1:
Table 1
Hillside Preservation District (HPD) Coverage
Parcel Coverage Allowed Per PMC
Sec. 9-4.2257 Coverage Proposed
Quarry Parcel 3.0 acres (7.42% of site) 22.0 acres (54.45%) Eastern Parcel 15.5 acres (39.64% of site) 2.8 acres (7.16%) 12 Packet Pg. 151
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As reflected clearly in Table 1, the Revised Project would not be consistent with these HPD coverage controls without a variance.
Further, the Revised Project is not consistent with the following General Plan policies:
i. Open Space and Community Facilities Element, OC-G-5 Open Space Preservation, which states: “Preserve open space that protects natural resources, visual amenities, and public health and safety. ….”
The Revised Project does not preserve open space or protect natural resources, visual amenities and public health. The Revised Project is an area that supports critical wildlife habitat which requires any reclamation on the property to be approved in the least impactful manner to avoid damaging natural resources, visual amenities and public health and safety to the greatest degree. The Project and Revised Projects proposed by applicants are unclear as to what amount of imported fill and disturbance is ultimately necessary to reclaim the site and prepare for future end uses. Therefore, the Revised Project is not the least impactful to protect public health and safety. ii. Conservation Element, CO-I-28 Management of ESHA, which states: “If the area qualifies as an ESHA under the California Coastal Act, the following regulations apply:
Alteration of landforms, removal of vegetation, impervious surfaces, noise, light, and glare shall be minimized.”
The Revised Project does not minimize alteration of landforms or noise. The Revised Project site is potentially an ESHA under the California Coastal Act. As a result, alteration of land forms and noise are required to be minimized. As discussed above, the Revised Project does not minimize grading or alteration of the existing landforms.
The Applicant has proposed a number of different plans and amounts of fill. Ultimately, it is not clear that the Revised Project includes more fill and grading than necessary, particularly given the lower fill amount of 583,000 or 400,000 cubic yards proposed by applicant in its July 2 Proposal.
iii. Conservation Element, CO-I-70 Native American Sites, which states:
“Work with local Native American tribes to protect recorded and unrecorded cultural and sacred sites, and educate developers and the community-at-large about the connections between Native American history and the environmental features that characterize the local landscape. Development on archaeologically sensitive sites requires on-site monitoring by appropriate Native American consultant(s) and a qualified archaeologist of all grading, excavation, and site preparation activities that involve earth-moving operations.”
The Applicant did not work with the Ramaytush tribe when preparing the Revised Project plans. The Revised Project would impact a site significant to the local Ramaytush tribe. While the Applicant has indicated its agreement to work with the Ramaytush tribe in the future, the development of the Revised Project was conducted without consultations or meeting with the tribe.
iv. Land Use Element, LU-I-25, Rockaway Quarry Site, which states: “Enable the responsible development and environmental conservation of the Quarry Site.
Preparation of a specific plan for the Quarry site could achieve the desired development outcomes. Allowable development should provide City revenues, substantial public open space, and commercial uses and public spaces attractive to both visitors and local residents. Uses may include an inn or hotel; shops and restaurants; performance or 12 Packet Pg. 152
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conference spaces; and public uses. Ordinance No. 391 provides that residential uses are only authorized after a vote of the electorate. Development should be integrated with the Rockaway Beach district, to create an expanded visitor-oriented area in a memorable natural setting. Environmental protection is a priority at this site and includes preserving upland areas as open space, preserving the riparian corridor along Calera Creek, and preserving critical habitat. Any development of the Quarry site will require detailed evaluation of potential geotechnical hazards and biological resources to ensure safe use of the site and that sensitive habitat and wetlands are protected; the likely footprint of development could be much smaller than the area designated.” The Revised Project would not enable responsible development and conservation of the Quarry Site. Reclamation under the Revised Project would occur prior to a specific planning process and would not allow for coordinated grading and development of the Project site. Further, the Applicant has proposed numerous alternative options, with varied fill amounts, depending on the ultimate development. This does not promote responsible development of the Quarry Site.
e. Section 9-4.2206(i) sets forth the following finding: “The project is consistent with the City's General Plan and, if applicable, Local Coastal Plan.” As discussed above, the Revised Project would not be consistent with the General Plan, including policies in the Open Space and Community Facilities Element, Conservation Element, and Land Use Element of the 2040 General Plan.
2. Denial. Based on the above findings, the City Council hereby denies Rezoning RZ-210- 22 and Development Plan DP-86-22.
C. Specific Plan Permit.
1. Findings. With respect to the findings required for a Specific Plan permit, the City Council considered all of the required findings in PMC Section 9-4.2209, and hereby finds that the following finding cannot be met:
a. Section 9-4.2209(a) sets forth the following finding: “The specific plan is consistent with an approved development plan.”
The proposed specific plan permit is not consistent with an approved development plan. As set forth above, the development plan has been denied. Therefore, the finding for approving a specific plan cannot be made.
2. Denial. Based on the above findings, the City Council hereby denies Specific Plan Permit SP-179-22.
D. Quarry Use Permit.
1. Findings. With respect to the findings required for a quarry use permit, the City Council considered all of the required findings in PMC Section 9-2.07(b), and hereby finds that the following findings cannot be met:
a. Section 9-2.07(b)(1) sets forth the following finding: “The reclamation plan conforms fully to the provisions of this chapter, the City's general plan, and the Surface Mining 12 Packet Pg. 153
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and Reclamation Act Sections 2772 and 2773, and shall comply with applicable requirements of State regulations (Sections 3500-3505 and 3700-3713) as may be amended.” The Revised Project would not be consistent with policies in the 2040 General Plan, as more fully detailed above in Section B(1)(d) regarding Legislative Approvals.
Further, the Revised Project is not consistent with SMARA. As stated in Public Resources Code Section 2712, the Legislature’s intent in enacting SMARA was to assure that:
a) Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses; b) The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment; and,
c) Residual hazards to the public health and safety are eliminated.
The Revised Project is not consistent with the intent of SMARA as it is not clear what the ultimate end use will be and how much fill is required for such end use. Further, the Revised Project would not be consistent with the City’s HPD requirements and would create residual public health and safety hazards due to imported fill amounts that lead to increased traffic and other impacts.
Further, the Revised Project would not be consistent with the performance requirements of the SMARA regulations in Title 14, California Code of Regulations, Section 3704, which provides the following:
“Section 3704: Performance Standards for Backfilling, Regrading, Slope Stability, and Recontouring. Backfilling, regrading, slope stabilization, and recontouring shall conform with the following standards:
(d) Final reclaimed fill slopes, including permanent piles or dumps of mine waste rock and overburden, shall not exceed 2:1 (horizontal:vertical), except when site-specific geologic and engineering analysis demonstrate that the proposed final slope will have a minimum slope stability factor of safety that is suitable for the proposed end use, and when the proposed final slope can be successfully revegetated. ….
(f) Cut slopes, including final highwalls and quarry faces, shall have a minimum slope stability factor of safety that is suitable for the proposed end use and conform with the surrounding topography and/or approved end use.”
In this case, the Revised Project would include slopes that exceed 2:1 and it is not clear that the increased slopes are would have a minimum slope stability factor of safety suitable for the proposed end use, especially given that it is not clear what the ultimate end use will be. Further, 2:1 slopes are not required on the quarry face. Slopes could be steeper to avoid the unnecessary impacts of excess fill as long as they “have a minimum slope stability factor of safety that is suitable for the proposed end use and conform with the surrounding topography and/or approved end use.” Again, it is not clear what the ultimate end use will be and the proposed slopes could be modified to reduce the impacts of the Revised Project on the City and surrounding neighborhood. b. Section 9-2.07(b)(4) sets forth the following finding: “The reclamation plan will restore the mined lands to a usable condition that is readily adaptable for alternative land uses consistent with the general plan, local coastal land use plan, California Coastal Act, and Zoning Code.”
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As detailed above, the Revised Project does not restore lands to a usable condition readily adaptable for alternative land uses. There have been numerous plans and fill amounts proposed and it is not clear what is ultimately necessary for development of end uses. Further, as described in detail above, the Revised Project is not consistent with the 2040 General Plan or the City’s Zoning Code.
2. Denial. Based on the above findings, the City Council hereby denies Quarry Use Permit UP-71-16.
E. Variance.
1. With respect to the findings required for a variance, the City Council considered all of the required findings in PMC Section 9-4.3404, and hereby finds that the following findings cannot be met:
a. That because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification.
The strict application of the City’s HPD requirements would not deprive the owner of privileges enjoyed by other property owners in the vicinity and subject to the HPD regulations. The HPD overlay district is applied to various properties in the City of Pacifica. The HPD overly district in PMC section 9-4.2252 is intended to preserve natural terrain and topographic features and to regulate new development to preserve natural hillside topography. As described above, it is not clear that the amount of fill proposed in the Revised Project is necessary for reclamation, especially in light of proposals that allow for less fill. Alternative reclamation plans would have the potential to limit fill and be more compatible with the City’s HPD requirements. Therefore, the provisions of the HPD coverage limits to the Quarry Parcel, or aligning more closely with those provisions, would not prevent the Applicant from accomplishing legally-required reclamation of the former quarry site.
b. That the granting of such variance will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the subject property and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the area.
The granting of a variance for the Revised Project would adversely affect the health and safety of person in the neighborhood of the project site and would be detrimental to the public welfare. As discussed above, the amount of fill grading required by the Revised Project is not designed to minimize impacts to public health, safety, and the general welfare. Reclamation could be accomplished with less fill in accordance with SMARA, which would limit the traffic and other impacts of the Revised Project.
2. Denial. Based on the above findings, the City Council hereby denies Variance PV-531-
22. F. Tree Permit.
1. Findings. With respect to the findings required for a Tree Permit, the City Council considered all of the required criteria in PMC Section 4-12.04(c), and hereby finds that the following findings cannot be met:
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a. Section 4-12.04(c)(2) sets forth the following criteria: “Whether the requested action is necessary for the economically viable use of the property.” The Tree Permit is not necessary for economically viable use of the property as the Revised Project is being denied and it is not necessary to remove any trees. In addition, other viable uses of the property could occur without cutting down all the requested trees. b. Section 4-12.04(c)(4) sets forth the following criteria: “The number, species, size, and location of existing trees in the area and the effect of the requested action upon shade, noise buffers, protection from wind damage, air pollution, historic value, scenic beauty and upon the health, safety, and general welfare of the area and the City as a whole.” Removal of the protected trees would result in potential adverse impacts to shade, noise buffers, protection from wind damage, air pollution, or historic value on the Project site or immediate surroundings given that the Revised Project is being denied and no trees need to be removed.
2. Denial. Therefore, the City Council hereby denies Tree Permit TP-1-22. * * * * *
Passed and adopted at a regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of October 2024.
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
______________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 12 Packet Pg. 156
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
FY 2024-25 Budget Amendment to increase the legal budget by allocating additional funds from the unassigned General Fund
RECOMMENDED ACTION:
Approve the FY 2024-25 Budget Amendment, allocating additional funds of $150,000 and appropriating an existing assigned legal reserve of $100,000 to cover legal expenses related to the potential appeal of the denial of the Rockaway Quarry Reclamation Plan project.
STAFF CONTACT:
Yulia Carter, Assistant City Manager
(650) 738-7402
[email protected] <mailto:[email protected]>
BACKGROUND/DISCUSSION:
In the FY 2024-25 budget, legal costs were projected based on anticipated casework and legal needs. However, throughout the year, unforeseen legal matters may arise that require additional funding. These include ongoing litigation, increased demand for legal consultations, and external legal services related to recent developments in compliance, labor, and municipal law.
To ensure that the City has sufficient funds to cover unanticipated legal expenses, the City maintains a legal reserve of $100,000 as an assigned designation of the General Fund balance.
However, given the increased costs and complexity associated with defending a potential appeal to the State Mines and Geology Board (SMGB), an increase to the litigation budget is necessary. The City Attorney’s Office has stated that, while it will always endeavor to contain costs, additional legal fees for the defense of any appeal to SMGB could range between $200,000-$250,000. Given that the existing legal reserve fund only contains $100,000 for unanticipated expenses, the City Manager recommends a budget amendment to appropriate an additional $150,000 in addition to the allocation of the existing legal reserve.
This budget amendment aligns with the City's commitment to maintain strong fiscal oversight and responsiveness to emerging legal needs, preserving the City's financial stability and ensuring compliance with all legal requirements.
ALTERNATIVE ACTION:
There is no reasonable alternative to this item, given the anticipated increase in legal costs that may jeopardize the FY 2024-25 Budget. Additionally, failure to allocate adequate funds may impact the City’s ability to adequately defend against the appeals, potentially leading to delays in the legal process, with further financial or legal ramifications. 13 Packet Pg. 157
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RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This item furthers the City’s efforts toward Organizational and Fiscal Stability.
FISCAL IMPACT:
The FY 2024-25 Budget will be amended to appropriate $150,000 from the unassigned General Fund in anticipation of the increased legal cost in addition to allocating the existing $100,000 from the assigned legal reserve portion of the General Fund balance. Any unused portion of this budget allocation will be returned to the General Fund balance at the end of the fiscal year.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
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RESOLUTION NO.______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING A BUDGET AMENDMENT FOR FY2024-25, ALLOCATING ADDITIONAL FUNDS FOR
LEGAL COSTS RELATED TO THE DENIAL OF THE ROCKAWAY QUARRY
RECLAMATION PLAN PROJECT
WHEREAS, the City of Pacifica has budgeted legal costs for FY 2024-25 based on anticipated casework and legal needs, including ongoing litigation and external legal services; and
WHEREAS, unforeseen legal matters have arisen, specifically the potential appeal of the denial of the Rockaway Quarry Reclamation Plan project, which require additional legal support, and
WHEREAS, the City’s current legal reserve of $100,000 of the General Fund balance may be insufficient to cover the increased costs and complexities associated with this potential appeal and additional budget allocation is needed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that due to potential legal costs associated with the potential appeal of the Rockaway Quarry Reclamation Plan to the Surface Mining and Reclamation Board, the Council hereby approves a FY 2024-25 Budget amendment to appropriate an additional $150,000 from the unassigned General Fund balance, in addition to allocating the existing $100,000 legal reserve to the legal budget.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of October, 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 13 Packet Pg. 159
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
Pacifica Police Department Militarized Equipment Ordinance and Policy, and 2023 Annual Military Equipment Use Report.
RECOMMENDED ACTION:
Move to 1) Waive the First Reading of and Introduce by Title an Ordinance of the City Council of the City of Pacifica Repealing and Replacing Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code Renewing the Military Equipment Policy; and 2) Approve the Pacifica Police Department 2023 Annual Military Equipment Use Report.
STAFF CONTACT:
Joseph Gomez, Police Officer
[email protected] <mailto:[email protected]> (650) 738-7314
Vicente Romero, Police Sergeant
[email protected] <mailto:[email protected]> (650) 738-7314
Maria Sarasua, Chief of Police
[email protected] <mailto:[email protected]> (650) 738-7314
BACKGROUND:
On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law.
Subsequently, California Government Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481.
AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an Annual Military Equipment Report prepared by the law enforcement agency, that the military equipment does not comply with the above-described standards for approval.
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California Government Code Section 7070 provides a list of types of equipment that are to be considered “Military Equipment” for purposes of compliance with AB 481 and the Government Code. The Pacifica Police Department does not possess any equipment specifically designed for military use nor has the department acquired any equipment through a military surplus program, commonly known as the “1033 Program” (10 USC 2576a). The Pacifica Police Department does possess equipment that is listed in Section 7070 and defined as “Military Equipment.” Additionally, the Pacifica Police Department participates in a regional S.W.A.T. team, which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to the Government Code. The Pacifica Police Department also utilizes Unmanned Aerial Systems (UASs)/Drones from the San Bruno Police Department and Daly City Police Department.
On April 11, 2022, the Pacifica City Council approved the Military Equipment Use Policy (Pacifica Police Department Policy 705 or the “Policy”) and introduced an ordinance for the use and acquisition of military equipment by the Pacifica Police Department.
On April 25, 2022, the Pacifica City Council adopted Ordinance No. 877-C.S. approving the Acquisition and Use of Military Equipment Ordinance codified in Title 4 of the Pacifica Municipal Code. This ordinance must be renewed each year, and the police department must submit an annual military equipment report to the public and Council.
DISCUSSION:
The 2023 Annual Military Equipment Use Report is attached to this council report, and pursuant to AB 481, it includes the following:
• A summary of how the equipment was used and the purpose of its use. o All uses complied with the Military Equipment Use Policy. • A summary of any complaints or concerns received concerning the equipment. o There were none.
• The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response. o Nothing to report.
• The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the 2023 Annual Military Equipment Use Report
o See attached 2023 Annual Military Equipment Use Report • The quantity possessed of each type of equipment.
o See attached 2023 Annual Military Equipment Use Report • If the law enforcement agency intends to acquire additional equipment in the next year, the quantity sought for each type.
o The Pacifica Police Department intends to acquire two Unmanned Aerial Systems, and associated accessories in 2024. See attached 2023 Annual Military Equipment Use Report.
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In 2023, the Mobile Command Trailer was the only Pacifica Police owned militarized equipment utilized by the police department. These instances included Fog Fest, Fourth of July, and DUI checkpoints and no complaints were received by the public. The Police Department did not acquire any new military equipment during the reporting period.
In 2023, there were four (4) incidents where the police department utilized Unmanned Aerial Systems (UASs) owned and operated by the Daly City and San Bruno Police Departments.
On January 19, 2023, Pacifica PD officers responded to Esplanade Beach on a report of a subject in distress in the water. The subject was swept into the ocean by a large wave.
Officers immediately requested assistance from San Bruno PD, who responded and deployed their UAS to search the extensive beach area.
On January 20, 2023, Pacifica PD requested San Bruno PD to deploy their UAS to assist in the search for a missing suicidal person in the Rockaway Beach area. The individual made vague threats to harm themselves by possibly jumping off a cliff. The UAS was utilized to search a large portion of the coastline, bluffs, and Linda Mar Beach.
On April 10, 2023, Pacifica PD officers responded to a residence regarding a known violent subject with an outstanding felony arrest warrant inside the residence. Officers established a perimeter and requested mutual aid from San Bruno PD, who responded and deployed their UAS for scene security and overwatch.
On December 21, 2023, a homicide occurred in the City of Pacifica. The suspect fled the area before officers arrived on scene. There was genuine concern for public safety, as an elementary school was near the location of the incident. Daly City PD responded and deployed their UAS to assist in searching for the outstanding suspect.
AB 481 prescribes an annual process for reviewing the policy and renewing the ordinance.
Specifically, Government Code Section 7072 requires the police department to submit to the City Council an annual military equipment report, and to hold at least one “well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.” Then, to “renew” Ordinance No. 877-C.S. Government Code Section 7071 requires the City Council to determine, based on the annual military equipment report submitted by the police department, whether each type of military equipment identified in that report has complied with the standards for approval.
The Pacifica Police Department held a well-publicized and conveniently located community engagement meeting at a local Starbucks on August 20, 2024. The police department also submitted the 2023 Annual Military Equipment Use Report to the Pacifica City Council on August 8, 2024, and the report was also made available to the public on the Pacifica Police Department’s website on August 8, 2024.
The City Council meeting on October 14th, 2024, is intended to satisfy all of the requirements of AB 481 and allow the City Council to consider the 2023 Annual Military Equipment Use Report and whether the use of military equipment complied with the standards of use in the policy in order to determine whether to renew Pacifica Police Department’s Military Equipment Policy by introducing an ordinance repealing and replacing Chapter 19, “Acquisition and Use of Military 14 Packet Pg. 162
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Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code.
Intention to Acquire New Militarized Equipment (Unmanned Aerial Systems):
UAS technology provides real-time public safety information to make better informed decisions during emergencies, search and rescue operations, calls for service, and criminal investigations.
Drones enhance situational awareness through overwatch, enabling officers to assess potential risks before approaching suspects or volatile situations. This proactive approach will deescalate dangerous situations by reducing confrontations and improving overall safety for both officers and the community.
For the past several years, the Pacifica Police Department has utilized Unmanned Aerial Systems (UAS) owned and operated by the San Bruno and Daly City Police Departments. The following San Mateo County public safety agencies currently own and operate Unmanned Aerial Systems:
Daly City PD
South San Francisco PD
San Bruno PD
San Mateo PD
Atherton PD
Hillsborough PD
San Mateo County Sheriff’s Office
Due to the high demand of UAS in their own jurisdictions, this technology is not always available to serve Pacifica residents and response times can be delayed. Historically, Pacifica Police Department relied on other agencies’ helicopters for aerial surveillance. While effective, helicopters pose logistical challenges-they are expensive to operate, require significant coordination, and cannot always be deployed swiftly. Recognizing these limitations, the Pacifica Police Department seek to acquire UAS technology as a more efficient, cost-effective solution.
The police department identified the Axon DJI Matrice 30T and Mavic 3T as the UAS technology that best serves the public safety needs of Pacifica. The DJI Matrice 30T is a medium-sized UAS with dual batteries for extended flight operations and weather resistant image sensors. The Matrice 30T can also be equipped with a personal flotation device that can be deployed during water rescue operations. The DJI Mavic 3T is a small-sized UAS designed for easy accessibility and quick deployments. The operator will have the ability to communicate to individuals through a speaker.
Both UASs will provide high quality cameras and thermal imaging to conduct night operations and locate suspects or missing persons based upon their heat signatures. This advanced technology will also support flight capabilities to avoid obstacles and automatically return to the deployment location should it lose connectivity with the operator or run low on power.
Staff consulted with regional municipal police agencies and UAS suppliers to identify the most suitable UAS system and management software to meet the needs of Pacifica. Regional allied agencies have partnered with Axon Enterprise Inc. to acquire UAS units and utilize their Axon14 Packet Pg. 163
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Air Data Management System. This system offers secure remote piloting software, program and encrypted cloud-based evidence management, and livestreaming technology.
The Pacifica Police Department currently maintains service agreements with Axon Enterprise Inc., utilizing Axon Evidence (Evidence.com), Axon Body Worn Cameras, Axon Fleet/ALPR, and Axon Taser 7 software systems. The integration of Axon-Air technology will facilitate seamless connectivity with our Axon digital evidence management system, ensuring secure and encrypted cloud storage and compliance with our established records retention schedule.
Some organizations, such as the American Civil Liberties Union (ACLU), have generally expressed concerns about the use of UAS technology as an unregulated surveillance tool. The Pacifica Police Department has established strict guidelines in accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The Pacifica Police Department’s UAS Policy (PPD Policy 606) is responsive, in whole or in part, to these concerns and the ACLU’s recommended safeguards.
Authorized personnel will consider the protection of individual civil rights and the reasonable expectation of privacy as a key component of any decision made to deploy the UAS. Absent a warrant or exigent circumstances, operators shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy. Operators shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. UASs acquired by the Pacifica Police Department will not be weaponized nor equipped with facial recognition software.
Fostering community trust through collaboration and transparency is our approach to implementing public safety technology in a responsible manner. The police department hosted listening sessions with a diverse cross-section of the community. These groups included Pacifica Social Justice, school district officials, Chief’s Advisory Panel, Pacifica Chamber of Commerce and Community Police Academy participants. In August, the department hosted “Coffee with a Cop” at Linda Mar Starbucks to engage in conversation with the community about UAS technology.
The department also consulted with neighboring public safety agencies and representatives from the California Police Chiefs Association and the International Association of Chiefs of Police to learn about best practice for the implementation of a UAS Program. Police department staff also reviewed literature from the ACLU’s 2023 White Paper on drone programs and were responsive to suggestions concerning authorized uses and maintaining full transparency.
ALTERNATIVE ACTION:
Decline to repeal and replace Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code and decline to renew the Military Equipment Policy.
Decline to approve the Pacifica Police Department 2023 Annual Military Equipment Use Report and provide staff further direction.
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RELATION TO CITY COUNCIL STRATEGIC GOAL 2:
Improve and steward City infrastructure, streets, and facilities.
FISCAL IMPACT:
The Pacifica Police Department intends to procure two Unmanned Aerial Systems with funds acquired through the Department of Justice COPS Technology and Equipment Grant. The total costs for entering a 5-year contract with Axon for the DJI UAS/Drones (2), accessories, training, Axon-Air System and associated required licenses will cost approximately $61,000. The City Manager will be executing the AXON contract as it is within his purchasing authority.
CEQA:
The Ordinance and Policy are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
ORIGINATED BY:
Police
ATTACHMENT LIST:
Attachment A - 2023 Annual Military Equipment Use Report (PDF) Attachment B - Military Equipment Policy #705 (PDF)
Attachment C - Unmanned Aerial System Policy #606 (PDF) 14 Packet Pg. 165
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ORDINANCE NO. (ID # 5775)
ORDINANCE NO. ____-C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA REPEALING AND REPLACING CHAPTER 19, “ACQUISITION AND USE OF MILITARY EQUIPMENT” OF TITLE 4 “PUBLIC SAFETY” OF THE PACIFICA MUNICIPAL CODE RENEWING THE
MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment; and
WHEREAS, Assembly Bill 481, requires that the approval by the governing body by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy; and WHEREAS, a draft of the Pacifica Police Department 2023 Annual Militarized Equipment Use Report was published on the Department’s internet website, and provided to the City Council at least 30 days prior to public hearing in accordance with requirements of Government Code section 7071; and
WHEREAS, the Pacifica Police Department’s Policy 705 “Military Equipment” meets the requirements of California Government Code section 7070, subdivision (d); and WHEREAS, the military equipment identified in Policy 705 “Military Equipment” is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety; and
WHEREAS, Policy 705 “Military Equipment” will safeguard the public’s welfare, safety, civil rights, and civil liberties; and
WHEREAS, the military equipment identified in Policy 705 “Military Equipment” is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
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WHEREAS, the City Council of the City of Pacifica originally adopted Ordinance No. 877-C.S. which became effective on May 25, 2022, adopting the City of Pacifica’s Military Equipment Policy, Policy 705 “Military Equipment”; and
WHEREAS, in accordance with Government Code section 7071(e), the Police Department has prepared the 2023 Annual Military Equipment Use Report, which was made available to Council on August 8, 2024, and made available to the public on the Pacifica Police Department’s website on August 8, 2024; and WHEREAS, the Police Department held a well-publicized and conveniently located community engagement meeting at Starbucks (Linda Mar Shopping Center) on August 20, 2024, where the public discussed and asked questions regarding the annual military equipment report and the Pacifica Police Department’s funding, acquisition, or use of military equipment; and
WHEREAS, the City Council of the City of Pacifica has been presented with the 2023 Annual Military Equipment Use Report by the City of Pacifica Police Department and has determined that use of each type of military equipment identified in that report has complied with the military equipment use policy that was in effect at the time and satisfies all the requirements specified in Government Code section 7072.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFICA DOES ORDAIN AND FIND AS FOLLOWS:
Section 1. Recitals. The City Council of the City of Pacifica does hereby find the above referenced recitals are true and correct and material to the adoption of this Ordinance.
Section 2. Policy Renewed. The City Council finds that the 2023 Annual Military Equipment Use Report by the City of Pacifica Police Department meets the requirements of Government Code section 7072 and the use of military equipment complied with the standards of use authorized. Therefore, the City Council hereby renews and adopts the Pacifica Police Department’s Policy 705 “Military Equipment”, found here:
https://www.cityofpacifica.org/departments/police/transparency Section 3. Repeal and Replacement of Chapter 19. Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code is hereby repealed in its entirety and shall be replaced to read as follows:
“The Pacifica Police Department’s Policy 705 “Military Equipment” shall be maintained on the Pacifica Police Department’s website.” Section 4. CEQA. The City Council finds that this ordinance and the City of Pacifica Police Department’s Policy 705 and the 2023 Annual Military Equipment Use Report are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines. 14 Packet Pg. 167
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Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.
Section 6. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council od the City of Pacifica, California, and cause the same to be published in accordance with State Law.
Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption and shall be published and posted as required by law. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the ______ day of _______ 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 * * * * *
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* * * * *
(ID # 5775) at 10/14/2024 6:00 PM City Council Regular Meeting 14 Packet Pg. 169
ASSEMBLY BILL 481 MILITARY EQUIPMENT ANNUAL REPORT 1
Military Equipment Use
Annual Report 2023
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Executive Summary
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481, requiring law enforcement agencies to obtain approval from the applicable governing body (City Council), by adoption of a military equipment use policy. The Pacifica Police Department is required to seek City Council approval of their Military Equipment Use Policy at a regular open meeting prior to taking certain actions relating to the funding, acquisition, and use of military equipment. The term “military equipment,” as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed by the bill to be “military equipment” include commonly used law enforcement tools such as unmanned aircraft systems, armored rescue vehicle, less-than-lethal weapons, certain types of semi-automatic rifles, and etc.
Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of this equipment within its jurisdiction, only if it determines that the equipment meets specified standards. The Military Equipment Use Policy is subject to City Council review to determine whether the standards set forth in Assembly Bill 481 have been met, based upon an Annual Military Equipment Use Report.
Finally, Assembly Bill 481 requires publication of the Military Equipment Use Policy and the Annual Military Equipment Use Report on the police department’s website.
Assembly Bill 481 California Government Code section 7072 states the following:
A. A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment.
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
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d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment. f. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
B. Law enforcement agency shall hold at least one well- publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
The Pacifica Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the department has authored the following 2023 Military Equipment Use Report per annual reporting requirements outlined in California Government Code section 7072.
_______________________________________
Introduction
The Pacifica Police Department possesses and employs a variety of equipment to serve and protect the community. The term “military equipment,” as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed by the bill to be “military equipment” include commonly used law enforcement tools such as unmanned aircraft systems, armored rescue vehicle, less-than-lethal weapons, and certain types of semi-automatic rifles. Each tool has proven effective in mitigating risk to both the public and police officers. The equipment discussed in this annual report will include “military equipment” maintained and utilized by the Pacifica Police Department.
The Pacifica Police Department recognizes that critical incidents are unpredictable and dynamic. Various equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted to certain instances and, in some cases, by specifically trained officers. The use of the department’s military equipment is continuously evaluated based on the totality of the circumstances, public safety, officer safety, civil rights, state law, and
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information available at the time of deployment
It is incumbent upon our police department’s personnel to recognize the circumstances wherein specialized equipment should be employed to enhance the safety of the public and officers and to bring a critical incident to a safe outcome. This Military Equipment Use Report outlines a summary of equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns from January 1st, 2023, thru December 31st, 2023.
The Pacifica Police Department does not possess any tactical equipment obtained from the military, nor does it possess any equipment designed for military use. The Pacifica Police Department has not acquired any equipment through military surplus programs such as the 1033 Program.
_______________________________________
California Government Code §7070(d) describes a Military Equipment Use Policy as a publicly released, written document that includes, at a minimum, all of the following:
1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.
3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
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California Government Code § 7070(c) defines Military Equipment as any of the following:
1. Unmanned, remotely piloted, powered aerial systems or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
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Summary
The Pacifica Police Department (PPD) has equipment meeting 4 of the 16 categories requiring reporting by AB 481 and Department Policy 705 in 2023. The equipment has been used minimally, largely related to training and certification. The City did not receive any complaints, audits, or policy violations regarding the use or acquisition of the equipment. The Pacifica Police Department has diligently followed the established Department Policy 705, ensuring transparency and accountability in its operations. Plans for future equipment purchases meeting the reporting requirements of AB 481 will include unmanned aerial systems as well as replacing or replenishing equipment used throughout the year.
Military Equipment Definitions & Status in Pacifica:
The following is a list of the Military Equipment, as defined in Department Policy 705, and an overview of how it is used by the Pacifica Police Department in 2023:
“Unmanned, remotely piloted, powered aerial system or ground vehicles” The police department currently does not own or operate any unmanned aerial systems. During specific incidents where drone technology serves our public safety needs, we request these assets from the San Bruno and Daly City Police Departments.
The police department is requesting permission to procure two unmanned aerial systems in 2024. The unmanned aerial systems will be deployed during search and rescue operations, preplanned tactical operations, high-risk and critical incident overwatch, suspect apprehension, and community caretaking situations involving missing persons. The unmanned aerial systems will not be weaponized.
The police department identified the DJI Matrice 30T and Mavic 3T UAS’s as the UAS technology that best meets the public safety needs of the community. The DJI Matrice 30T is a medium-sized UAS with dual batteries for extended flight operations and weather resistant image sensors. The Matrice 30T can also be equipped with a personal floatation device that can be deployed during water rescue operations.
The DJI Mavic 3T is a small-sized UAS designed for quick deployments with color and thermal imaging sensors and the ability to communicate through a speaker. This smaller UAS is easily accessible from the patrol car and designed to support rapid deployments in the field.
Both unmanned aerial systems will provide high quality cameras and thermal imaging systems to support deployments and provide critical safety technology to ensure safe flight and contingency responses. This advanced technology will support flight capabilities to avoid obstacles and automatically return to the deployment location should it lose connectivity with
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the operator or run low on power. Utilizing this Axon Air technology will also allow for seamless integration with our Axon digital evidence management system for secure storage of video and compliance with the police department’s established Axon record retention settings. “Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded.” The police department does not utilize or operate any tracked vehicles of any kind. Armored Rescue Vehicle (ARV) are specifically used by first responders. They offer ballistic protection in emergencies where an armed encounter is likely. The ARV is also used to evacuate citizens from an area where a threat from an armed suspect exists.
“High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded.”
The police department does not use high mobility multipurpose wheeled vehicles (HMMWV), Humvees, or similar vehicles, nor does it use large trucks, as described in this section. Some armored rescue vehicle (ARV) can have a breaching ram mounted to its front. This tool has proven helpful for safely opening front doors without exposing officers to danger by having them approach the door on foot. Breaching an entry point is often the most dangerous part of a high-risk entry to a structure. This breaching option results in a reduced likelihood of a potentially lethal encounter during entry.
“Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.”
The police department does not utilize tracked vehicles of any kind. “Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.”
The police department currently has one marked police command trailer used to sustain law enforcement incidents. It is used as a command post for law enforcement incidents, including, but not limited to DUI checkpoints, major collision scenes, major crime scenes, or other sustained incident where access to law enforcement computers, communication equipment and shelter is required. Grant funds (OTS) were the primary source of funding for this piece of equipment.
“Weaponized aircraft, vessels or vehicles of any kind.”
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The police department does not utilize weaponized aircraft, vessels or vehicles of any kind. “Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.” The police department does not use explosive breaching devices. Due to the construction of doors in commercial, government, and school buildings, more than manual breaching equipment such as single-person rams and pry bars are required to gain entry to many structures rapidly.
“Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.”
The police department does not utilize any firearms of .50 caliber or greater. “Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.”
The police department does not utilize any ammunition of .50 caliber or greater. “Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.” The police department possess 16 semi-automatic, 16” barrel, Smith & Wesson M&P patrol rifles, defined as assault weapons, under the California Penal Code. Police officers are required to complete a 4-hour in-house training course with a certified range instructor prior to deploying the weapon out in the field. Officers will also attend a certified California Commission on Peace Officer Standards and Training (P.O.S.T.) rifle training course. Patrol rifles allow officers to address lethal threats with precision from a distance. Compared to handguns, they are more accurate at greater distances. The rifles use standard law enforcement ammunition, and their use and deployment are outlined in PPD Policy 306.
The department possess 3 semi-automatic, 11.5” barrel, Colt M4 Commando rifles, defined as assault rifles. The rifles are short-barreled rifles which allow a trained officer better control inside of structures with greater accuracy, rapid response, maneuverability and enhanced firepower in critical situations. The Colt rifles are typically used by trained SWAT officers.
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Packet Pg. 177 Attachment: Attachment A - 2023 Annual Military Equipment Use Report (5775 : Ordinance - Renew Militarized Equipment Ordinance) ASSEMBLY BILL 481 MILITARY EQUIPMENT ANNUAL REPORT 9
The department maintains a supply of .223 Winchester duty and training ammunition. These are maintained by the range staff and secured in the department armory. “Any firearm or firearm accessory that is designed to launch explosive projectiles.” The police department does not use any firearm designed to launch explosive projectiles. “’Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.” The police department does not utilize noise-flash diversionary devices known as “flashbangs” or “tear gas”. Noise-flash diversionary devices are used to cause a distraction during highly dangerous activities, such as entering a structure during warrant service. The use of this equipment is intended to minimize injury to officers and suspects. “Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).”
The police department does not utilize any of the described devices. Taser Shockwave is a device built by Axon Technologies to deny entry to certain areas. Long-Range Acoustic Devices have applications to deliver highly audible public addresses. “The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.” The Pacifica Police Department possesses 11 clearly marked Mossberg 590 Tactical, 12-guage, less-than-lethal shotguns. The less-than-lethal shotguns are a de-escalation tool where lethal force is not appropriate or undesirable. The shotguns fire a ballistic fiber bag, “Super-Sock”, filled with approximately 40 grams of shot at a velocity of approximately 270 feet per second.
Officers are required to complete a 4-hour in-house training course with a certified range instructor prior to deploying the less-than-lethal shotguns out in the field.
The Pacifica Police Department possesses 2 Pepperball FTC launchers. The FTC Launchers function similarly to a paintball gun which deploys PAVA powder projectiles. FTC Launchers are intended to be used as less-than-lethal impact devices, an alternate to a higher level of force.
Officers are required to complete a 2-hour in-house training course with a certified Pepperball instructor prior to deploying the launchers out in the field.
Summary of Military Equipment Usages
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The Pacifica Police Department's military equipment inventory is wide-ranging, and the equipment is not utilized on all calls for service. This section outlines the military equipment usage from January 1st, 2023, thru December 31st, 2023. Certain items of military equipment, particularly consumables (ammunition, less-than-lethal rounds, PAVA projectiles, etc.), are used throughout the year regularly for training to maintain proficiency. Usage in training environments is not captured in this annual report. The usage section of this report provides data for the operational use of military equipment listed within this Annual Military Equipment Use Report.
Military Equipment Item Authorized
Usage
Citizen
Complaints
Internal
Audits
Policy
Violations
UAS/Drone (Outside Agencies) 4 0 0 0
UGV/Avatar Robot N/A N/A N/A N/A
Mine-resistant ambush-protected
(MRAP) vehicle/Armored Personnel
carrier
N/A N/A N/A N/A
High mobility multipurpose wheeled
vehicles (HMMWV)
N/A N/A N/A N/A
Tracked armored vehicles that provide
ballistic protection
N/A N/A N/A N/A
Mobile Command Vehicle (Trailer) 5 0 0 0
Weaponized aircraft, vessels or
vehicles
N/A N/A N/A N/A
Battering rams, slugs, and breaching
apparatuses that are explosive in
nature
N/A N/A N/A N/A
Firearms of .50 caliber or greater N/A N/A N/A N/A
Ammunition of .50 caliber or greater N/A N/A N/A N/A
Smith &Wesson Patrol Rifles 0 0 0 0
Any firearm or firearm accessory that
is designed to launch explosive
projectiles
N/A N/A N/A N/A
Noise-Flash Diversionary device /
“Tear Gas”
N/A N/A N/A N/A
Taser Shockwave, microwave
weapons, water cannons, and the
Long Range Acoustic Device (LRAD)
N/A N/A N/A N/A
Mossberg 590 tactical “Less-thanlethal” Shotguns0 0 0 0 FTC Launchers (Pepperball) 0 0 0 0
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Packet Pg. 179 Attachment: Attachment A - 2023 Annual Military Equipment Use Report (5775 : Ordinance - Renew Militarized Equipment Ordinance) ASSEMBLY BILL 481 MILITARY EQUIPMENT ANNUAL REPORT 11
Category 1: Unmanned, Remotely Piloted, Powered Aerial or Ground Vehicles • Equipment Name: The DJI Matrice 210 and Mavic II Enterprise: Unmanned Aircraft Systems (UAS/Drones)
• Summary of Use and Purpose: The Pacifica PD utilized San Bruno PD’s (SBPD) UAS/Drones on three separate occasions, and Daly City PD’s (DCPD) UAS/Drone on one occasion in 2023. These incidents consisted of search and rescue efforts, suspect apprehension, crime documentation and tactical operations. The UAS/Drones are remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions. Personnel are authorized to request a UAV when the lawful use may increase safety to officers or would be a more efficient way of searching an area for a missing person or for the documentation of a crime scene. • Quantity Owned: N/A-Owned and operated by SBPD or DCPD. • Costs: N/A-Owned and operated by SBPD or DCPD.
• Summary of Complaints: N/A-Owned and operated by SBPD or DCPD. • Audits, Policy Violations, Actions in Response: N/A-Owned and operated by SBPD or DCPD.
• Future Purchases: See below section, “Military Equipment Request for 2024.” Category 5: Command and Control Vehicles that are either built or modified to facilitate the operational control and direction of public safety units • Equipment Name: Mobile Command Trailer (MCT)
• Summary of Use and Purpose: The MCT was deployed to support the management of incidents and planned events by providing interior and/or exterior workspaces, and command and control capabilities to the Incident Commander on-scene or at remote locations.
1. (2 Days) DUI Checkpoints
2. (2 Days) Pacifica Fog-Fest
3. (1 Day) Fourth of July Detail
• Quantity Owned: (1) Mobile Command Trailer (TPD 24’X8.5’ tandem special Ops trailer) • Cost: Approximately $50,000.
• Summary of Complaints: There were no reported complaints regarding this equipment. • Audits, Policy Violations, Actions in Response: There were no violations of policy, no actions taken in response, and no internal audits.
• Future Purchases: There are no plans to acquire additional vehicles in the upcoming year.
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Category 10: Specialized Firearms and Ammunition of less than .50 caliber • Equipment Name: Smith & Wesson M&P patrol rifles and Colt M4 Commando rifles. • Summary of Use and Purpose: The patrol rifles were not utilized out in the field in 2022.
The rifles were mainly used during training and range purposes. Patrol officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. The rifles allow officers to address lethal threats with precision from a distance. Compared to handguns, they are more accurate at greater distances
• Quantity Owned: (16) Smith & Wesson M&P patrols rifles. (3) Colt M4 Commando rifles • Ammunition: Approximately 3,500 rounds (.223 Winchester Remington) • Cost: Approximately $3,000 in 2023.
• Summary of Complaints: There were no reported complaints regarding this equipment. • Audits, Policy Violations, Actions in Response: There were no violations of PPD Policy 306 or 705, no actions taken in response, and all weapons were accounted for during the inventory.
• Future Purchases: The Police Department intends to purchase (20) additional Smith & Wesson M&P patrol rifles in 2024. This approved budgetary item for FY2024/25 will allow each officer to be equipped with an individually assigned patrol rifle. The total cost for the (20) patrol rifles will be approximately $12,500. The police department anticipates purchasing approximately $1000-$3000 worth of ammunition (approximately 2000-3000 rounds) from the general fund in the fiscal Year 2024-25 for training purposes.
Category 14: Kinetic Energy Weapons and Specialty Munitions (Less-than-lethal Shotguns)
• Equipment Name: Mossberg 590 Tactical 12-gauge shotguns (Less-than-lethal) • Summary of Use and Purpose: The Mossberg less-than-lethal shotguns were not utilized in 2023. The less-than-lethal shotguns were only deployed in training to maintain certification and/or proficiency. The less-than-lethal shotguns can help de-escalate and limit the escalation of conflict where effective without the need for lethal force in situations such as, but not limited to, self-destructive subjects, dangerous, and/or combative individuals, riot control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, training exercises, or approved demonstrations.
• Quantity Owned: (11) Mossberg 590 Tactical 12-gauge shotguns (Less-than-lethal) • Cost: Approximately $560 for each shotgun in 2022.
• Ammunition: CTS Super Sock rounds: 90 rounds purchased in 2023, approximately $6.75 per round.
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• Summary of Complaints: There were no reported complaints regarding this equipment. • Audits, Policy Violations, Actions in Response: There were no violations of PPD Policy 303 or 705, no actions taken in response, and all weapons were accounted for during the inventory.
• Future Purchases: There are no plans to acquire additional Less-than-lethal shotguns in 2024, but additional munition purchases are anticipated to replace depleted supply due to operational use out in the field, or for training purposes. The police department anticipates purchasing approximately $667.49 worth of munitions (approximately 90 rounds) from the general fund in the fiscal Year 2024-25 for training purposes.
Category 14: Kinetic Energy Weapons and Specialty Munitions (Pepperball FTC Launcher)
• Equipment Name: FTC Launcher (Less-than-lethal)
• Summary of Use and Purpose: The FTC Launchers were not utilized in the field in 2023, but were deployed in training to maintain certification and/or proficiency. The FTC Launchers can help de-escalate and limit the escalation of conflict where effective without the need for lethal force in situations such as, but not limited to, selfdestructive subjects, dangerous, and/or combative individuals, riot control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, training exercises, or approved demonstrations. The FTC launchers are air powered and use compressed air to launch LIVE-X projectiles. The Live-X projectiles contain a concentrated amount (5%) of PAVA pepper powder. The projectiles have a direct impact of approximate 60ft and an area saturation of 150ft. • Quantity Owned: (2) Pepperball FTC Launchers (Less-than-lethal) • Cost: Approximately $591.00 each.
• Ammunition: Pepperball Live-X projectile Rounds: 90 rounds purchased in 2023, approximately $322.00.
• Summary of Complaints: There were no reported complaints regarding this equipment. • Audits, Policy Violations, Actions in Response: There were no violations of PPD Policy 303 or 705, no actions taken in response, and all weapons were accounted for in the internal audit.
• Future Purchases: There are no plans to acquire additional FTC Launchers in 2024, but more Live-X projectile purchases may be made as needed to replace depleted supply due to operational use out in the field, or for training purposes. The Police Department anticipates purchasing approximately $322.00 worth of projectiles (approximately 90 rounds) from the general fund in the fiscal Year 2024-25 for training purposes.
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Pacifica Police Department Inventory by Equipment:
The inventory of certain items of consumable military equipment (i.e., ammunition, parts, etc.) frequently fluctuates throughout the year due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. While the Pacifica Police Department strives to provide accuracy in its inventory reporting, this report reflects approximations of certain consumable items of military equipment during January 1st, 2023, thru December 31st, 2023.
Mobile Command Trailer
Equipment Name: Mobile Command Trailer
Quantity: 1 Lifespan: 20-25 years
Capabilities: Provide a mobile command platform for special events, critical incidents, natural disasters, major crime scenes, major collision scene, DUI checkpoints, or other sustained law enforcement incidents. The vehicle will be equipped with computer and radio communications equipment, phone and internet access
Manufacturer’s Description: TPD 24’ x 8.5’ tandem, 5k Axle Special Ops trailer.
Purpose/Authorized Uses: To be used as a Command Post for sustained law enforcement incidents, including, but not limited to DUI checkpoints, major collision scenes, major crime scenes, or other sustained incidents where access to law enforcement computers, communication equipment and shelter is required.
Fiscal Impacts: The cost of a mobile command trailer was approximately $50,000, with ongoing vehicle and equipment maintenance costs. Grant funds were the primary source of funding for this piece of equipment.
Annual Maintenance: Cost is estimated to be $1500, service or parts.
Personnel Cost: TBD
Legal/Procedural Rules Governing Use: Deployment of trailer is only allowed upon authorization of the Watch Commander or Division Commander.
Required Training: 1-hour of in-house training regarding safe deployment, operational use and stationing of the trailer.
Other Notes: None
Smith & Wesson M&P Patrol Rifles
Equipment Name: Smith & Wesson M&P AR-15 Patrol Rifles
Quantity Owned/Sought: 16 owned Lifespan: Approximately 15-20 years Equipment Capabilities: Capable of firing .223 and .556 ammunition Manufacturer’s Description: The AR-15 semi-automatic rifle is a lightweight, 16’’ barrel, magazine-fed, gas-operated semi-automatic rifle modeled after the military classic M4 Rifle.
Purpose/Authorized Uses: Patrol officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. The rifles allow
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officers to address lethal threats with precision from a distance. Compared to handguns, they are more accurate at greater distances and can penetrate most body armor.
Fiscal Impacts: The rifles were purchase in 2019. The initial cost of each rifle was estimated to be $552.56. After trade-in rebates and accessories, the total cost of the 16 rifles was approximately $3,924.92.
The Police Department plans to purchase (20) additional Smith & Wesson M&P patrol rifles in 2024. The total cost for the additional patrol rifles will be approximately $12,500.
Annual Maintenance: Approximately $500, depending on type of maintenance needed.
Personnel Cost: Approximately $500-$1000, depending on training costs.
Legal/Procedural Rules Governing Use: PPD Policy 306 covers deployment, use, care, and maintenance of rifles. All applicable Local, State, and Federal laws governing police use of force. All applicable PPD policies on Use of Force and Firearms.
Training Required: Prior to deploying the rifle, officers will complete a 4-hour in-house course presented by a POST certified approved instructor, followed by proficiency qualification. Officers will also complete a P.O.S.T. certified 16-hour patrol rifle course of instruction on use, deployment, and maintenance of the rifles. P.O.S.T. also requires four hours of tactical firearm instruction every two years for officers and this training is facilitated by P.O.S.T. certified rifle instructors.
Other Notes: These rifles are standard issue service weapons for our officers and therefore exempt from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in the interest of transparency.
Colt M4 Commando Rifles
Equipment Name: Colt M4 Commando AR-15 Rifle
Quantity Owned/Sought: 3 owned Lifespan: 15-20 years
Equipment Capabilities: Capable of firing .223 and .556 ammunition Manufacturer’s Description: The Colt M4 Commando semi-automatic AR-15 rifle is a lightweight, 11.5’’ barrel, magazine-fed, gas-operated semi-automatic rifle.
Purpose/Authorized Uses: The Colt M4 rifles serve the same function as patrol rifles. It is a short-barreled rifle which allows a trained officer better control inside the structures with greater accuracy, rapid response, maneuverability in critical situations. The Colt rifles are intended to be used by members of the SWAT team. However, officers that have completed a certified POST rifle course are authorized to use it out in the field.
Fiscal Impacts: The rifles were initially purchased in 2005. There is no record of purchase available because records are only maintained since 2016. The cost for one rifle in 2023 was approximately $1,085.57 each.
Personnel Cost: Approximately $500, depending on training needs and costs.
Legal/Procedural Rules Governing Use: PPD Policy 306 covers deployment, use, care, and maintenance of rifles. All applicable Local, State, and Federal laws governing police use of force. All applicable PPD policies on Use of Force and Firearms.
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Training Required: Prior to deploying the rifle, officers will complete a 4-hour in-house course presented by a POST certified approved instructor, followed by proficiency qualification. Officers will also complete a P.O.S.T. certified 16-hour patrol rifle course of instruction on use, deployment, and maintenance of the rifles. P.O.S.T. also requires four hours of tactical firearm instruction every two years for officers and this training is facilitated by P.O.S.T. certified rifle instructors.
Other Notes: These rifles are standard issue service weapons for our officers and therefore exempt from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in the interest of transparency.
Less-than-lethal Shotguns
Equipment Name: Mossberg 590 Tactical (less-than-lethal) Shotguns Quantity Owned/Sought: 11 owned Lifespan: 15 years
Equipment Capabilities: Capable of firing “less-than-lethal” 12-gauge CTS Super Sock rounds Manufacturer Product Description: The Mossberg 590 Tactical shotgun is one of the most durable pump action shotguns, meeting MIL-SPEC 3443G, with its heavy-walled barrel, metal trigger guard and safety, clean out mag tube, and parkerized finish. The dedicated less-thanlethal shotguns are distinguishable by an orange butt-stock and fore-grip. The range of the weapon system helps to maintain space between officers and a threat reducing the immediacy of the threat which is a principle of de-escalation.
Purpose/Authorized Uses: The less-than-lethal shotguns provide alternative levels of force to overcome resistance when reasonably necessary in accordance with policy and law.
Fiscal Impacts: The less-than-lethal shotguns were purchased in 2022. The initial cost for the 11 shotguns, orange fore-grips with lighting system, and orange butt-stocks was approximately $5,849.58.
Annual Maintenance: Approximately $100-$500, depending service and parts needed.
Personnel Cost: Approximately $100-$300, depending on training needs and cost.
Legal/Procedural Rules Governing Use: All use of force applications is governed by state law (including Penal Code section 13652) and PPD Policy Sections 303.
Training Required: Officers who have been trained and completed a training course with a certified instructor on the shotguns may deploy them. Officers receive initial training upon hire and annual training thereafter.
Other Notes: None
CTS Super Sock Impact Munitions
Equipment Name: CTS Super-Sock Impact Munitions
Quantity Owned/Sought: Approximately 90-150 owned Lifespan: Depends on storage Equipment Capabilities: Ammunition capable of being fired from a 12-gauge shotgun Manufacturer Product Description: The Model 2581 Super-Sock delivers unprecedented accuracy and consistent terminal impact characteristics at close-in and extended ranges, thanks to the flexible tubular material bag specially developed for this unique less than lethal
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round. Super-Sock is a safer and more effective round due to its accuracy and consistent transfer of kinetic energy to the target. Unlike traditional flat bags, no "unfolding" is necessary. Super-Sock is correctly deployed as soon as it exits the muzzle. No frisbee or wind surfing effects. No hitting the target folded or sideways. When deployed, super-sock presents a consistent aerodynamic shape every time, delivering consistent and predictable terminal performance. Fits cylinder and improved cylinder 12ga shotguns chambered for 2.75" & 3" cartridges.
Purpose/Authorized Uses: The CTS Super-Sock rounds provide alternative levels of force to overcome resistance when reasonably necessary in accordance with policy and law.
Fiscal Impacts: Approximately $667.49 for 90 rounds in 2023. The CTS Super Sock ammunition cost was approximately $6.75 each round.
Annual Maintenance: N/A
Personnel Cost: Approximately $100-300, depending on training needs and cost.
Legal/Procedural Rules Governing Use: All use of force applications are governed by state law (including Penal Code section 13652) and applicable PPD policies on Use of Force.
Training Required: Officers who have been trained and have passed a qualification course with the munitions may deploy them. Officers receive initial training upon hire and annually thereafter.
Other Notes: None
Pepperball FTC Launcher
Equipment Name: Pepperball FTC Launcher
Quantity Owned/Sought: 2 owned Lifespan: 10 years
Equipment Capabilities: Capable of firing PAVA pepper powder projectile rounds Manufacturer Product Description: The FTC Launcher is a semi-automatic compressed airpowered launcher designed to fire non-lethal Pepperball projectiles. Reliable and accurate, it features a hopper that can hold up to 180 rounds, a flexible air source configuration and a compact modular design. The FTC Launcher can help de-escalate and limit the escalation of conflict where effective without the need for lethal force in situations such as, but not limited to, self-destructive subjects, dangerous, and/or combative individuals, riot control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, training exercises, or approved demonstrations.
Purpose/Authorized Uses: The less-than-lethal launchers provide alternative levels of force to overcome resistance when reasonably necessary in accordance with policy and law.
Fiscal Impacts: The less-than-lethal FTC Launchers were purchased in 2021. The cost for an FTC Launcher was approximately $591. The cost for 90 Live-X projectile rounds was approximately $322 and the cost for 375 Inert training rounds was $323 in 2023.
Annual Maintenance: $100-$200, depending on service needed.
Personnel Cost: Approximately $300, depending on training needs and cost.
Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable PPD policies on Use of Force.
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Training Required: Officers are required to complete a 2-hour in-house training course with a certified Pepperball instructor prior to deploying the launcher out in the field.
Other Notes: None
Military Equipment Owned and Operated by Outside Agencies:
The Pacifica Police Department may utilize qualifying military equipment owned and/or maintained by outside neighboring agencies (San Bruno PD and Daly City PD SWAT) for law enforcement purposes. While the equipment in this section is not purchased, owned, or maintained by the Pacifica Police Department, it could be used in the City of Pacifica when we request mutual aid assistance from San Bruno PD’s UAS Team or the Daly City PD SWAT Team.
It is important to note that Daly City SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high-risk search and arrest warrants. The equipment Daly City PD SWAT possesses is rarely deployed but could prove essential to emergency operations when needed. Please refer to Daly PD and San Bruno PD’s military equipment report for further information.
Unmanned Aerial System
Equipment Name: Unmanned Aerial Systems (UAS)
Quantity Owned: 3 owned by San Bruno PD Lifespan: Approximately 5 years
Equipment Capabilities: Remotely piloted aerial system capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.
Manufacturer Product Description: (1) Matrice 210: The DJI Matrice 210 is a powerful, industrial-grade fight platform with world-class agility and speed, two barometers, and redundant IMUs for maximum reliability, and new smart flight features that make capturing complex shots easy. The aircraft’s visual sensors enable enhanced hovering precision even when flying indoors or in environments where GNSS is unavailable. The drone’s new airframe design gives it an IP43 Ingress Protection Rating, in accordance with the global IEC 60529 standard. The M210/M210 RTK’s mechanical design, along with quick release landing gears and mounted folding arms, makes it easy to transport, store, and prepare for flight. (2) Mavic II Enterprise: The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24-48 mm 2x optical enterprise lens capable of shooting 4k videos and 12 megapixel photos that support up to 6x FHD zoom. DJI signature tecuologies such as Obstacle Sensing and the Advanced Pilot Assistance System, help you capture complex shots effortlessly. Additional features like the built in Airsense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic II Enterprise also has attachable modular accessories like the
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M2E spotlight, M2E Beacon, and M2E Speaker that are purpose built for various applications.
The Mavic II Enterprise boasts a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.
Purpose/Authorized Uses: UAS may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to: search and rescue, suspect apprehension, crime scene documentation, tactical operations, scene security, hazard monitoring, identification and mitigation, response to emergency calls, crisis communications, legally authorized surveillance.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
Training Required: None. Equipment owned, maintained, and operated by San Bruno PD.
Other Notes: None
Unmanned Aerial System
Equipment Name: Unmanned Aerial Systems (UAS)
Quantity Owned: 7 owned by Daly City PD Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial systems capable of providing live and recorded video images captured from aerial positions, including images enhanced by optical zoom lenses.
DJI Phantom 4 Pro V2: Featuring a 1-inch CMOS sensor that can shoot 4K/60fps videos and 20MP photos.
The Ocusync 2.0 HD transmission system ensures stable connectivity and reliability, five directions of obstacle sensing ensure additional safety, and a dedicated remote controller with a built-in screen grants even greater precision and control. [1] A wide array of intelligent features makes flying that much easier. The Phantom 4 Pro V2.0 is a complete aerial imaging solution, designed for the professional creator.
The onboard camera features a 1-inch 20MP CMOS sensor and a mechanical shutter, eliminating rolling shutter distortion. An advanced sensor and impressive processing capture every detail and provide the image data needed for advanced post-production.
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The Phantom 4 Pro V2.0 camera has an optimized f/2.8 wide-angle lens, ensuring consistently detailed photos and videos that remain vivid and sharp while maintaining color accuracy.
DJI Mavic 3T: The Mavic 3 Thermal is a multi-purpose and compact drone built for public safety, inspection, search and rescue operations and more applications. Featuring up to 45 minutes of flight-time with an integrated camera, the Mavic 3 is portable yet powerful, exceeding data quality requirements for enterprise tasks.
DJI Matrice 30 Series: The Matrice 30 is a powerful yet portable drone made for public safety, inspection, and more. Featuring over 41 minutes of flight-time with an integrated camera, the M30 is small and mobile while still providing the image resolution needed for enterprise tasks. The Matrice 30 features a multi-sensor camera with high-resolution wide angle and zoom cameras, laser rangefinder, and advanced thermal camera (Matrice 30T only).
Purpose/Authorized Uses: UAS may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Current uses for the UAS include traffic collision investigations, search and rescue, suspect apprehension, crime scene documentation, tactical operations, scene security, hazard monitoring, identification and mitigation, response to emergency calls, crisis communications, legally authorized surveillance.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT.
Other Notes: None
Armored Personnel Carrier (Lenco Bearcat)
Equipment Name: Armored Personnel Carrier (Lenco Bearcat) Quantity Owned/Sought: None (1 Owned by DCPD SWAT) Lifespan: Varies on Usage Equipment Capabilities: The Lenco Bearcat G1 is a tactical armored vehicle capable of transporting 8- 10 officers and equipment during tactical and recovery operations, offering ballistic protection and other features to enhance the safety of involved personnel during potential high-risk tactical and recovery operations.
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Manufacturer Product Description: The Lenco Bearcat G1 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the Bearcat G1 part of their standard operating procedure. The G1 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floorplan seats 8 – 10 fully equipped officers with a long list of tactical features only found on the Lenco Bearcat line of armored SWAT vehicles.
Purpose/Authorized Uses: To enhance the safety and tactical advantage of officers and support personnel during potentially dangerous situations or high-risk tactical operations.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT.
Legal/Procedural Rules Governing Use: The Daly City Police Department recognizes the use of armored vehicles during law enforcement operations can potentially startle members of the general public or create a sense of fear amongst the community. As such, the use of the armored vehicle is limited to SWAT Team operations or other law-enforcement responses or events that are considered high-risk. Special consideration is given in analyzing the risk factors associated with the intended operation or event with the need for the added protection offered by the armored vehicle. During specific community events, the armored vehicle can be used as a static display when appropriate and when authorized by the SWAT Commander. Drivers shall adhere to all applicable State and Local laws governing emergency vehicle use.
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Unmanned Ground Vehicles (Mini Vantage Robot)
Equipment Name: Unmanned Ground Vehicles (Avatar Robot) Quantity Owned/Sought: None (1 Owned by DCPD SWAT) Lifespan: Approximately 7-10 years
Equipment Capabilities: The Vantage Robot is a small robotic vehicle capable of being remotely navigated through a variety of environments to provide scene information and intelligence in the form of video and still images transmitted to the user.
Manufacturer Product Description: The 4.5-pound Mini Vantage is a throwable remotecontrolled vehicle that can be quickly deployed by hand. It can maneuver over small objects, climb up to 8”, and it has a 2-hour runtime. It is only outfitted with a 120-degree color camera, allowing officers the ability to clear an interior space prior to entry. It has a 3-pound payload capacity, which would allow for the ability to deliver a cell phone to a subject for negotiation or communication purposes. The Mini Vantage is not, nor is it designed to be, equipped with any lethal or non-lethal force devices. This UGV would be accessible to patrol and tactical teams to reduce confrontations while responding to critical incidents.
Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT
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Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Colt M4 Patrol Rifles
Equipment Name: Semiautomatic Patrol Rifles
Quantity Owned/Sought: None (60 Owned by DCPD SWAT) Lifespan: Approximately 10 years Equipment Capabilities: The Colt M4 Carbine (AR-15) semi-automatic rifle fires 5.56 x 45mm (.223 caliber) ammunition and is capable of firing at greater distances and with greater accuracy than Department issued pistols.
Manufacturer Product Description: Colt M4 Carbine (AR-15): Built for the demanding use of those who protect our communities every day, the Colt M4 Carbine Patrol Rifle is the next evolution in the world's most dependable, thoroughly field-tested patrol rifle. It is a lightweight, magazine-fed, gas-operated semi-automatic rifle. It is the semi-automatic version of the M16 rifle sold for the civilian and law enforcement markets in the United States. The Colt M4 Carbine Patrol Rifle reestablishes the Colt AR-15® as the finest tool for local, regional, and national law enforcement agencies.
Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
1) Situations where the officer reasonably anticipates an armed encounter. 2) When an officer is faced with a situation that may require accurate and effective fire at distances beyond the effective range of a duty pistol. 3) Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
4) When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
5) When an officer reasonably believes that a suspect may be wearing body armor. 6) When authorized or requested by a supervisor.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force and Firearms
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: These rifles are standard issue service weapons for our officers and therefore exempt from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency.
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Remington 700 Sniper Rifle
Equipment Name: Bolt-Action Sniper Rifles
Quantity Owned/Sought: None (5 Owned by DCPD SWAT) Lifespan: Approximately 15 years Equipment Capabilities: The Remington 700 Sniper Rifle is a bolt-action, precision-fire weapon system that fires 7.62 x 51mm (.308 caliber) ammunition. It is capable of firing at greater distances and with great accuracy than Department issued patrol rifles. The five rifles owned by theDepartment are outfitted with high-powered adjustable magnification optics for observation and targeting.
Manufacturer Product Description: Remington Model 700: The Remington® Model 700® Bolt- Action Rifle is enhanced to hit targets at long ranges. At the heart of this specialized long-range rifle is the famous Model 700 action that has been proven for reliability and precision accuracy in combat with the U.S. Army's M24 sniper rifle. The Model 700 Long Range rifle comes with a tactical stock made of solid urethane combined with aramid, graphite, and fiberglass. The barreled receiver is bedded with an aluminum block, and the heavy-contoured barrel is free-floated, providing excellent accuracy and minimal shift in zero caused by changes in the environment. The non-reflective stock and exterior metal blend in with a wide range of environments. The 2-position safety at the rear of the action is quick to operate with the thumb and can also be gripped with the forefinger and thumb and moved extra quietly to the fire position. The Remington Model 700 Long Range Bolt-Action Rifle comes drilled and tapped for scope mounts. An extra sling swivel stud on the fore-end provides an attachment point for a bipod.
Purpose/Authorized Uses: This rifle is authorized for use by trained SWAT Sniper Team Operators. SWAT Sniper Team Operators may deploy this rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
(1) Situations where the officer reasonably anticipates an armed encounter. (2) When the officer is faced with a situation that may require accurate and effective fire at long range.
(3) Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
(4) When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
(5) When an officer reasonably believes that a suspect may be wearing body armor. (6) When authorized or requested by a supervisor.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force and Firearms
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
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Breaching Apparatuses (Breaching Shotgun)
Equipment Name: Breaching Apparatuses (Breaching Shotgun) Quantity Owned/Sought: None (2 Owned by DCPD SWAT) Lifespan: Approximately 15 years Equipment Capabilities: The Royal Arms Breaching Shotgun is capable of firing 12-gauge shotgun ammunition. It is a compact and modified version of the Remington 870 platform designed for breaching purposes. It is specifically intended to fire frangible compressed copper slugs to breach doorway locking mechanisms while minimizing overpenetration or risk of injury to persons in close proximity to the doorway or lock.
Manufacturer Product Description: Royal Arms Breaching Shotgun starts out with the triedand-true Remington 870 Police Model 12 Ga Shotgun as its base. We then completely modify it with our custom CNC machined parts to be the ultimate Breaching Shotgun. Royal Arms invented the Breachers and Breaching shotguns, why settle for an imitation or knock off when you can buy the best American Made Breaching Shotgun for all Tactical Operators and discerning individuals. Royal Arms Tesar-2 Black Cap Slugs: 425 grain compressed copper slug, frangible. Slug Material: Copper powder. Velocity: 1,525 feet per second. Use:
For metal doors, locks, and hinges. Defeats: Heavy locks, dead-bolts and hinges (solid oak – steel doors).
Purpose/Authorized Uses: The breaching shotguns are intended for use as a breaching option during tactical entry into a dwelling or other enclosed space when other breaching options have failed, or when authorized by a supervisor.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force and Firearms.
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Chemical Agents (Tear-Gas)
Equipment Name: Chemical Agents (Tear Gas)
Quantity Owned/Sought: None (148 Owned by DCPD SWAT) Lifespan: Varies on storage conditions
Equipment Capabilities: Chemical agents, sometimes referred to as “tear gas” or riot control agents, are less-lethal chemical compounds that temporarily induce discomfort to an individual in the form of one or more of the following: Irritation to the skin, eyes, mouth, throat, and lungs. The goal of which is to gain compliance, dispersal, or direct the movement of one or more individuals.
The Daly City Police Department owns multiple types of chemical agents in various forms, totaling 154 individual units at present. The units are expendable items; therefore, the quantities will vary. Each chemical agent type has different capabilities. The types and manufacturers are as follows:
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1. Defense Technologies Speed-Heat CS gas grenade, 81.2g, 20-40 second burn time
2. Defense Technologies Flameless Tri-Chamber CS gas grenade, 20.0g, 20-30 second burn time
3. Combined Tactical Systems Indoor Baffled CS gas grenade, 25.0g, 20-40 second burn time, launchable through outfitted less-lethal shotgun apparatus, requires specific blank 12 gauge launching cartridge manufactured by Combined Tactical Systems
4. Defense Technologies 40mm Liquid Ferret Round, liquid CS projectile dispersed upon impact, 8.0g, launchable though 40mm launcher
5. Defense Technologies Pocket Tactical CS gas grenade, 20.0g, 20-40 second burn time
6. Defense Technologies Maximum Smoke HC (Hexachloroethane) grenade, smoke screen, 1 ½ - 2 minute burn time
Defense Technologies Triple-Chaser, CS gas canister, 90.7g, 20-30 second burn time Manufacturer Product Description: Defense Tech Spede-Heat CS Grenade: The SpedeHeat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.
Defense Tech Flameless Tri-Chamber CS Grenade: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.
Combined Tactical Systems Indoor Baffled CS Grenade: Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.
Combined Tactical Systems 12 gauge Launching Cartridge: The Model 2600 Launching Cartridge is a 12-gauge cartridge much shorter than standard full-sized 12-gauge cartridges.
Therefore, to prevent weapon malfunctions, each cartridge must be manually loaded into the chamber for each shot.
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Effective range is dependent on the launching cup, launcher, and weight of munitions being launched. The baseline for performance of a Model 2600 Launching Cartridge is that it will launch a Model 9230 CS Grenade a minimum of 100 yards (91M), with cylinder bore and 18" bbl.
Defense Technologies 40mm Liquid Ferret Round: The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.
Defense Technologies Pocket Tactical CS Gas Grenade: The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds.
At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade.
Defense Technologies Maximum Smoke HC Grenade: The Maximum Smoke Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 30-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable colored smoke grenade is 6.0 in. by 2.35 in. and holds approximately 2.9 oz. of active agent.
Defense Technologies Triple-Chaser CS Gas Canister: The Triple-Chaser® CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.
Purpose/Authorized Uses: Chemical agents are intended for use as a less-lethal force response option. They can be deployed by trained Department personnel for riot control purposes, during tactical operations involving barricaded suspects, or in other situations where lesser means are reasonably believed to be ineffective or involve substantially more risk to Department personnel.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force.
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Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Flashbang Grenades
Equipment Name: Flashbang Grenades
Quantity Owned/Sought: None (12 Owned by DCPD SWAT) Lifespan: Varies on storage conditions
Equipment Capabilities: The flashbang, sometimes referred to as “stun grenade,” is a diversionary device that delivers a bright flash and loud explosive-type noise when deployed.
This is a non-lethal handheld grenade that does not fragment or produce any shrapnel.
Manufacturer Product Description: Defense Technologies Low Roll 4-gram Distraction Device: The reloadable distraction device unit incorporates a model 7007 type fuse with hex design gun steel body. This is a compact version of the 8933 Low Roll® body Distraction Device and is the newest version of the first reusable non-bursting canister that limits movement and rolling once deployed. The compact Distraction Device fits safely in your hand and packs all the power of the full-size Distraction Device. The 4-Gram Distraction Device® Reload produces a reduced light, and sound output ideal for when the full effects of the 12-gram charge are not desirable.
Purpose/Authorized Uses: Diversionary devices are intended for use as a distraction option used during high-risk entries into a dwelling or similar structure by SWAT operators. They can be deployed by trained Department SWAT operators when authorized by the SWAT Commander or in the event of
exigent circumstances.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT.
Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force.
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
40mm Launchers and Kinetic Energy Munitions
Equipment Name: 40mm Launchers and Kinetic Energy Munitions Quantity Owned/Sought: None (5 Owned by DCPD SWAT) Lifespan: Approximately 15 years Equipment Capabilities: The Defense Technology 40mm LMT is a single-shot launcher capable of firing 40mm kinetic energy munitions, also commonly referred to as specialty impact munitions (SIM), which are less-lethal projectiles. The 40mm launcher is also capable of firing 40mm chemical agent munitions, commonly referred to as “tear gas” or CS gas.
Refer to “Tear Gas and Chemical Agents” page for further details on these munitions. The Daly City Department has outfitted the launchers with Trijicon optics for aiming and targeting purposes.
Manufacturer Product Description: Defense Tech 40mm LMT Single Launcher:
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Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.
Defense Tech Exact Impact 40mm Standard Range Sponge Round: The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consists of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.
Purpose/Authorized Uses: The 40mm Launchers, kinetic energy munitions, and chemical agent munitions are intended for use as a less-lethal force response option.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force and Firearms.
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Less Lethal Shotguns
Equipment Name: Kinetic Energy Munitions (Less Lethal Shotguns) Quantity Owned/Sought: 39 owned by DCPD SWAT Lifespan: 15 years Equipment Capabilities: Capable of firing “less-than-lethal” 12-gauge CTS Super Sock rounds Manufacturer Product Description: The Remington Model 870 Police Magnum is a pumpaction 12- gauge shotgun. Featuring an ultra-durable parkerized matte finish, synthetic stocks, 18-inch barrel with front sight and a 4-round magazine.
Hogue 870 Conversion Kit: Hogue rubber grips are molded from durable synthetic rubber that is neither spongy nor tacky yet provides a soft recoil absorbing feel without affecting accuracy. This modern rubber requires a completely different molding process than ordinary neoprene, resulting in a superior grip. The flexibility of our materials and molding process has allowed us to produce rubber grips with features that outperform all other makes.
Safariland Drag Stabilized Bean Bag: The Drag Stabilized™ 12-Gauge Round is a translucent 12- Gauge shell loaded with a 40-Gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. The 12-Gauge Drag Stabilized Round has secured its place as the Law Enforcement Communities’ number one choice for specialty impact munitions. This round has a velocity of 270 fps with a maximum effective range of 75 feet.
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Purpose/Authorized Uses: The Less Lethal shotguns and kinetic energy munitions are intended for use as a less-lethal force response option.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT Legal/Procedural Rules Governing Use: All applicable Local, State, Federal laws governing police use of force. All applicable DCPD Policies on Use of Force and Firearms.
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT.
Other Notes: None
Pacifica PD Military Equipment Request for 2024
Unmanned Aerial Systems
Equipment Name: Unmanned Aerial Systems (UAS)
Quantity Sought: (2) UAS Lifespan: Approximately 5 Years Equipment Capabilities: Remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.
Manufacturer Product Description: DJI Matrice 30 Series: The Matrice 30 Thermal is a powerful yet portable drone made for public safety, inspection, and more. Featuring over 41 minutes of flight-time with an integrated camera, the M30 is small and mobile while still providing the image resolution needed for enterprise tasks. The Matrice 30 features a multi-sensor camera with high-resolution wide angle and zoom cameras, laser rangefinder, and advanced thermal camera (Matrice 30T only).
DJI Mavic 3T: The Mavic 3 Thermal is a multi-purpose and compact drone built for public safety, inspection, search and rescue operations and more applications. Featuring up to 45 minutes of flight-time with an integrated camera, the Mavic 3 is portable yet powerful, exceeding data quality requirements for enterprise tasks. The Mavic 3T has a hybrid Zoom and thermal camera, centimeter-level positioning RTK.
Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; water rescue and legally authorized surveillance.
Fiscal Impacts: The total costs for entering a 5- year contract with Axon for the DJI UAS/Drones (2), accessories, training, Axon-Air System and associated required licenses will cost approximately $61,000, and will come from the Police Departments S.L.E.S (fund 7) account.
Annual Maintenance: TBD
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Packet Pg. 198 Attachment: Attachment A - 2023 Annual Military Equipment Use Report (5775 : Ordinance - Renew Militarized Equipment Ordinance) ASSEMBLY BILL 481 MILITARY EQUIPMENT ANNUAL REPORT 30
Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
Training Required: Prior to piloting any UAS/Drones staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA. The initial training cost for the designated drone operators is expected to be approximately $15,000.
Other Notes: None
Internal Audit
The Pacifica Police Department is committed to providing information to our community in compliance with Assembly Bill 481. The Police Department personnel conduct various military equipment audits to determine functionality, inventory, and verify proper personnel has assigned equipment. All military equipment operated and maintained in this report were accounted for during this period.
Training Costs
The use of certain items of military equipment and related special tactics are perishable skills that require ongoing training to maintain proficiency. While the Department conducts constant training within its personnel and training unit and specific specialized units, there is significant tactical insight and an enhanced skillset to be gained by participating in external training courses. These courses provide officers with a curriculum and exercises designed to impart knowledge, skills, and enhanced capability. The courses attended by officers can vary from year to year, depending on operational needs. Funding sources for training are funded from the existing police training budget.
Storage Costs
Our current military equipment listed in this report is stored at the police department in the armory. There are no third-party storage costs.
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Packet Pg. 199 Attachment: Attachment A - 2023 Annual Military Equipment Use Report (5775 : Ordinance - Renew Militarized Equipment Ordinance) ASSEMBLY BILL 481 MILITARY EQUIPMENT ANNUAL REPORT 31
Conclusion
As outlined in this report, the Pacifica Police Department utilizes various but minimal types of military equipment to protect life, prevent crime, and enhance the quality of life for all our community members. In accordance with Assembly Bill 481 and Department Policy 705, the Police Department will be transparent regarding funding, acquisition, or use of military equipment by the Police Department. When making decisions regarding how military equipment is funded, acquired, or used, the Pacifica Police Department considers the public’s welfare, safety, civil rights, and civil liberties.
Any member of the public can submit a complaint to the Pacifica Police Department in person, telephone, email, etc.). Once the complaint is received, it will be routed for review to the Internal Affairs Unit in accordance with the Pacifica Police Department’s policy and procedures.
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
1. Via email to: [email protected]
2. Via phone call to: (650) 738-7314
3. Via mail sent to: Pacifica Police Department
Attn: Military Equipment Use Coordinator
2075 Coast Highway
Pacifica, CA 94044
The Pacifica Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.
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Packet Pg. 200 Attachment: Attachment A - 2023 Annual Military Equipment Use Report (5775 : Ordinance - Renew Militarized Equipment Ordinance) Policy
705
Pacifica Police Department
Pacifica PD Policy Manual
Copyright Lexipol, LLC 2023/09/13, All Rights Reserved.
Published with permission by Pacifica Police Department Military Equipment - 1
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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Packet Pg. 201 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Pacifica Police Department
Pacifica PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/09/13, All Rights Reserved.
Published with permission by Pacifica Police Department Military Equipment - 2
705.2 POLICY
It is the policy of the Pacifica Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 705.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Pacifica Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
705.4 MILITARY EQUIPMENT INVENTORY
Pursuant to Government Code section 7070(d), the below provides a description of each type of military equipment, the quantity sought, it's capabilities, expected lifespan, and descriptions from the manufacturer of the military equipment. This section will include the purposes and authorized uses, the fiscal impact, the legal and procedural rules that govern the use, and the training required, for each type of military equipment. This section of the Military Equipment Use Policy is divided into two sections.
Section One lists qualifying equipment that is owned and/ or utilized by the Pacifica Police Department. ATTACHMENT A.pdf
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Packet Pg. 202 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Pacifica Police Department
Pacifica PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/09/13, All Rights Reserved.
Published with permission by Pacifica Police Department Military Equipment - 3
Section Two lists qualifying equipment not previously listed in this policy, that is not owned or regularly utilized by the Pacifica Police Department, but which is known to be owned and or utilized by the Daly City SWAT Team (Daly City Police, Pacifica Police, and Broadmore Police), for which the Pacifica Police Department is a participating agency. While the equipment in Section Two is not purchased, owned, or maintained by the Pacifica Police Department, it could be used in the City of Pacifica if Daly City SWAT is deployed, and is therefore included in the Military Equipment Use Policy. It is important to note that Daly City SWAT is a generally only deployed in extreme circumstances such as active shooter incidents,, hostage situations, and the execution of high risk search and arrest warrants. The equipment Daly City SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.
Pacifica Police collaborates with the San Bruno Police Department in the use of their UAV's (drones) within the City limits for search/rescue, suspect apprehension, crime scene documentation, and hazard monitoring. ATTACHMENT B.pdf
705.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 705.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.
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Packet Pg. 203 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Pacifica Police Department
Pacifica PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/09/13, All Rights Reserved.
Published with permission by Pacifica Police Department Military Equipment - 4
705.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 705.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
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Packet Pg. 204 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Pacifica PD Policy Manual
Copyright Lexipol, LLC 2023/09/13, All Rights Reserved.
Published with permission by Pacifica Police Department Attachments - 5
Attachments
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Packet Pg. 205 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Attachment
Pacifica PD Policy Manual
Copyright Lexipol, LLC 2023/09/13, All Rights Reserved.
Published with permission by Pacifica Police Department ATTACHMENT A.pdf - 6
ATTACHMENT A.pdf
ATTACHMENT A.pdf
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Packet Pg. 206 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance)
ATTACHMENT A
MILITARY EQUIPMENT OWNED BY THE PACIFICA POLICE
DEPARTMENT
Mobile Command Trailer
Equipment Name: Mobile Command Trailer
Quantity: 1 Lifespan: 20-25 years
Capabilities: Provide a mobile command platform for special events, critical incidents, natural disasters, major crime scenes, major collision scene, DUI checkpoints, or other sustained law enforcement incidents. The vehicle will be equipped with computer and radio communications equipment, phone and internet access
Manufacturer’s Description: TPD 24’ x 8.5’ tandem, 5k Axle Special Ops trailer.
Purpose/Authorized Uses: To be used as a Command Post for sustained law enforcement incidents, including, but not limited to DUI checkpoints, major collision scenes, major crime scenes, or other sustained incidents where access to law enforcement computers, communication equipment and shelter is required.
Fiscal Impacts: The cost of a mobile command trailer was approximately $50,000, with ongoing vehicle and equipment maintenance costs. Grant funds were the primary source of funding for this piece of equipment.
Annual Maintenance: Cost is estimated to be $1500, service or parts.
Personnel Cost: TBD
Legal/Procedural Rules Governing Use: Deployment of trailer is only allowed upon authorization of the Watch Commander or Division Commander.
Required Training: 1-hour of in-house training regarding safe deployment, operational use and stationing of the trailer.
Other Notes: None
Smith & Wesson M&P Patrol Rifles
Equipment Name: Smith & Wesson M&P AR-15 Patrol Rifles
Quantity Owned/Sought: 16 owned Lifespan: Approximately 15-20 years Equipment Capabilities: Capable of firing .223 and .556 ammunition Manufacturer’s Description: The AR-15 semi-automatic rifle is a lightweight, 16’’ barrel, magazine-fed, gas-operated semi-automatic rifle modeled after the military classic M4 Rifle.
Purpose/Authorized Uses: Patrol officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. The rifles allow officers to address lethal threats with precision from a distance. Compared to handguns, they are more accurate at greater distances and can penetrate most body armor.
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Packet Pg. 207 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Fiscal Impacts: The rifles were purchase in 2019. The initial cost of each rifle was estimated to be $552.56. After trade-in rebates and accessories, the total cost of the 16 rifles was approximately $3,924.92.
Annual Maintenance: Approximately $500, depending on type of maintenance needed.
Personnel Cost: Approximately $500-1000, depending on training costs.
Legal/Procedural Rules Governing Use: PPD Policy 306 covers deployment, use, care, and maintenance of rifles. All applicable Local, State, and Federal laws governing police use of force. All applicable PPD policies on Use of Force and Firearms.
Training Required: Prior to deploying the rifle, officers will complete a 4-hour in-house course presented by a POST certified approved instructor, followed by proficiency qualification. Officers will also complete a P.O.S.T. certified 16-hour patrol rifle course of instruction on use, deployment, and maintenance of the rifles. P.O.S.T. also requires four hours of tactical firearm instruction every two years for officers and this training is facilitated by P.O.S.T. certified rifle instructors.
Other Notes: None
Colt M4 Commando Rifles
Equipment Name: Colt M4 Commando AR-15 Rifle
Quantity Owned/Sought: 3 owned Lifespan: 15-20 years
Equipment Capabilities: Capable of firing .223 and .556 ammunition Manufacturer’s Description: The Colt M4 Commando semi-automatic AR-15 rifle is a lightweight, 11.5’’ barrel, magazine-fed, gas-operated semi-automatic rifle.
Purpose/Authorized Uses: The Colt M4 rifles serve the same function as patrol rifles. It is a short-barreled rifle which allows a trained officer better control inside the structures with greater accuracy, rapid response, maneuverability in critical situations. The Colt rifles are intended to be used by members of the SWAT team. However, officers that have completed a certified POST rifle course are authorized to use it out in the field.
Fiscal Impacts: The rifles were initially purchased in 2005. There is no record of purchase available because records are only maintained since 2016. The current cost for one rifle is approximately $1,085.57 each.
Personnel Cost: Approximately $500, depending on training needs and costs.
Legal/Procedural Rules Governing Use: PPD Policy 306 covers deployment, use, care, and maintenance of rifles. All applicable Local, State, and Federal laws governing police use of force. All applicable PPD policies on Use of Force and Firearms.
Training Required: Prior to deploying the rifle, officers will complete a 4-hour in-house course presented by a POST certified approved instructor, followed by proficiency qualification. Officers will also complete a P.O.S.T. certified 16-hour patrol rifle course of instruction on use, deployment, and maintenance of the rifles. P.O.S.T. also requires four hours of tactical firearm instruction every two years for officers and this training is facilitated by P.O.S.T. certified rifle instructors.
Other Notes: None
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Packet Pg. 208 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Less-than-lethal Shotguns
Equipment Name: Mossberg 590 Tactical (less-than-lethal) Shotguns Quantity Owned/Sought: 11 owned Lifespan: 15 years
Equipment Capabilities: Capable of firing “less-than-lethal” 12-gauge CTS Super Sock rounds Manufacturer Product Description: The Mossberg 590 Tactical shotgun is one of the most durable pump action shotguns, meeting MIL-SPEC 3443G, with its heavy-walled barrel, metal trigger guard and safety, clean out mag tube, and parkerized finish. The dedicated less-thanlethal shotguns are distinguishable by an orange butt-stock and fore-grip. The range of the weapon system helps to maintain space between officers and a threat reducing the immediacy of the threat which is a principle of de-escalation.
Purpose/Authorized Uses: The less-than-lethal shotguns provide alternative levels of force to overcome resistance when reasonably necessary in accordance with policy and law.
Fiscal Impacts: The less-than-lethal shotguns were purchased in 2022. The initial cost for the 11 shotguns, orange fore-grips with lighting system, and orange butt-stocks was approximately $5,849.58.
Annual Maintenance: Approximately $100-$500, depending service and parts needed.
Personnel Cost: Approximately $100-&300, depending on training needs and cost.
Legal/Procedural Rules Governing Use: All use of force applications is governed by state law (including Penal Code section 13652) and PPD Policy Sections 303.
Training Required: Officers who have been trained and completed a training course with a certified instructor on the shotguns may deploy them. Officers receive initial training upon hire and annual training thereafter.
Other Notes: None
CTS Super Sock Impact Munitions
Equipment Name: CTS Super-Sock Impact Munitions
Quantity Owned/Sought: Approximately 90-150 owned Lifespan: Depends on storage Equipment Capabilities: Ammunition capable of being fired from a 12-gauge shotgun Manufacturer Product Description: The Model 2581 Super-Sock delivers unprecedented accuracy and consistent terminal impact characteristics at close-in and extended ranges, thanks to the flexible tubular material bag specially developed for this unique less than lethal round. Super-Sock is a safer and more effective round due to its accuracy and consistent transfer of kinetic energy to the target. Unlike traditional flat bags, no "unfolding" is necessary. Super-Sock is correctly deployed as soon as it exits the muzzle. No frisbee or wind surfing effects. No hitting the target folded or sideways. When deployed, super-sock presents a consistent aerodynamic shape every time, delivering consistent and predictable terminal performance. Fits cylinder and improved cylinder 12ga shotguns chambered for 2.75" & 3" cartridges.
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Packet Pg. 209 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Purpose/Authorized Uses: The CTS Super-Sock rounds provide alternative levels of force to overcome resistance when reasonably necessary in accordance with policy and law.
Fiscal Impacts: Approximately $1,055.74 for 165 rounds in 2022. The CTS Super Sock ammunition cost was approximately $5.85 each round.
Annual Maintenance: N/A
Personnel Cost: Approximately $100-300, depending on training needs and cost.
Legal/Procedural Rules Governing Use: All use of force applications are governed by state law (including Penal Code section 13652) and applicable PPD policies on Use of Force.
Training Required: Officers who have been trained and have passed a qualification course with the munitions may deploy them. Officers receive initial training upon hire and annually thereafter.
Other Notes: None
Pepperball FTC Launcher
Equipment Name: Pepperball FTC Launcher
Quantity Owned/Sought: 2 owned Lifespan: 10 years
Equipment Capabilities: Capable of firing PAVA pepper powder projectile rounds Manufacturer Product Description: The FTC Launcher is a semi-automatic compressed airpowered launcher designed to fire non-lethal pepperball projectiles. Reliable and accurate, it features a hopper that can hold up to 180 rounds, a flexible air source configuration and a compact modular design. The FTC Launcher can help de-escalate and limit the escalation of conflict where effective without the need for lethal force in situations such as, but not limited to, self-destructive subjects, dangerous, and/or combative individuals, riot control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, training exercises, or approved demonstrations.
Purpose/Authorized Uses: The less-than-lethal launchers provide alternative levels of force to overcome resistance when reasonably necessary in accordance with policy and law.
Fiscal Impacts: The less-than-lethal FTC Launchers were purchased in 2021. The cost for an FTC Launcher is currently approximately $591. The cost for 90 Live-X projectile rounds was approximately $322 in 2022.
Annual Maintenance: $100-$200, depending on service needed.
Personnel Cost: Approximately $300, depending on training needs and cost.
Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable PPD policies on Use of Force.
Training Required: Officers are required to complete a 2-hour in-house training course with a certified Pepperball instructor prior to deploying the launcher out in the field.
Other Notes: None
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Packet Pg. 210 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Attachment
Pacifica PD Policy Manual
Copyright Lexipol, LLC 2023/09/13, All Rights Reserved.
Published with permission by Pacifica Police Department ATTACHMENT B.pdf - 7
ATTACHMENT B.pdf
ATTACHMENT B.pdf
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Packet Pg. 211 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance)
ATTACHMENT B
Military Equipment Owned and Operated by Outside Agencies:
Unmanned Aircraft System (Drones)
Equipment Name: Unmanned Aircraft Systems (UAS/Drones)
Quantity Owned/Sought: None (owned by SBPD) Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.
Manufacturer Product Description: Matrice 210: The DJI Matrice 210 is a powerful, industrial-grade fight platform with world-class agility and speed, two barometers, and redundant IMUs for maximum reliability, and new smart flight features that make capturing complex shots easy. The aircraft’s visual sensors enable enhanced hovering precision even when flying indoors or in environments where GNSS is unavailable. The drone’s new airframe design gives it an IP43 Ingress Protection Rating, in accordance with the global IEC 60529 standard. The M210/M210 RTK’s mechanical design, along with quick release landing gears and mounted folding arms, makes it easy to transport, store, and prepare for flight.
Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
Training Required: None. Equipment owned, maintained, and operated by San Bruno PD.
Other Notes: None
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Packet Pg. 212 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Armored Personnel Carrier (Lenco Bearcat)
Equipment Name: Armored Personnel Carrier (Lenco Bearcat) Quantity Owned/Sought: None (Owned by DCPD SWAT) Lifespan: Varies on Usage Equipment Capabilities: The Lenco Bearcat G1 is a tactical armored vehicle capable of transporting 8- 10 officers and equipment during tactical and recovery operations, offering ballistic protection and other features to enhance the safety of involved personnel during potential high-risk tactical and recovery operations.
Manufacturer Product Description: The Lenco Bearcat G1 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the Bearcat G1 part of their standard operating procedure. The G1 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floorplan seats 8 – 10 fully equipped officers with a long list of tactical features only found on the Lenco Bearcat line of armored SWAT vehicles.
Purpose/Authorized Uses: To enhance the safety and tactical advantage of officers and support personnel during potentially dangerous situations or high-risk tactical operations.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT.
Legal/Procedural Rules Governing Use: The Daly City Police Department recognizes the use of armored vehicles during law enforcement operations can potentially startle members of the general public or create a sense of fear amongst the community. As such, the use of the armored vehicle is limited to SWAT Team operations or other law-enforcement responses or events that are considered high-risk. Special consideration is given in analyzing the risk factors associated with the intended operation or event with the need for the added protection offered by the armored vehicle. During specific community events, the armored vehicle can be used as a static display when appropriate and when authorized by the SWAT Commander. Drivers shall adhere to all applicable State and Local laws governing emergency vehicle use.
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Unmanned Ground Vehicles (Avatar Robot)
Equipment Name: Unmanned Ground Vehicles (Avatar Robot) Quantity Owned/Sought: None. Owned by DCPD SWAT Lifespan: Approximately 7-10 years Equipment Capabilities: The Robotex Avatar II is a small robotic vehicle capable of being remotely navigated through a variety of environments to provide scene information and intelligence in the form of video and still images transmitted to the user.
Manufacturer Product Description: The Avatar® II is a compact, lightweight robotic platform that is part of the RoboteX Avatar® Series. Designed from the ground up for portability, expandability, and ease-of-use, the Avatar® II serves as a useful tool for a variety of users.
The Avatar® II can be customized with a variety of plug-and-play accessories. These
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Packet Pg. 213 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) accessories facilitate use of the robot in a variety of scenarios, including CBRNE, EOD, and personal security settings. Visit www.robotex.com/build-a-robot or contact your Account Manager for more information.
Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Remington 700 Sniper Rifle
Equipment Name: Bolt-Action Sniper Rifles
Quantity Owned/Sought: None (Owned by DCPD SWAT) Lifespan: Approximately 15 years Equipment Capabilities: The Remington 700 Sniper Rifle is a bolt-action, precision-fire weapon system that fires 7.62 x 51mm (.308 caliber) ammunition. It is capable of firing at greater distances and with great accuracy than Department issued patrol rifles. The five rifles owned by theDepartment are outfitted with high-powered adjustable magnification optics for observation and targeting.
Manufacturer Product Description: Remington Model 700: The Remington® Model 700® Bolt- Action Rifle is enhanced to hit targets at long ranges. At the heart of this specialized long-range rifle is the famous Model 700 action that has been proven for reliability and precision accuracy in combat with the U.S. Army's M24 sniper rifle. The Model 700 Long Range rifle comes with a tactical stock made of solid urethane combined with aramid, graphite, and fiberglass. The barreled receiver is bedded with an aluminum block, and the heavy-contoured barrel is free-floated, providing excellent accuracy and minimal shift in zero caused by changes in the environment. The non-reflective stock and exterior metal blend in with a wide range of environments. The 2-position safety at the rear of the action is quick to operate with the thumb and can also be gripped with the forefinger and thumb and moved extra quietly to the fire position. The Remington Model 700 Long Range Bolt-Action Rifle comes drilled and tapped for scope mounts. An extra sling swivel stud on the fore-end provides an attachment point for a bipod.
Purpose/Authorized Uses: This rifle is authorized for use by trained SWAT Sniper Team Operators. SWAT Sniper Team Operators may deploy this rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
(1) Situations where the officer reasonably anticipates an armed encounter. (2) When the officer is faced with a situation that may require accurate and effective
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Packet Pg. 214 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) fire at long range.
(3) Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
(4) When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
(5) When an officer reasonably believes that a suspect may be wearing body armor. (6) When authorized or requested by a supervisor.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force and Firearms
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Breaching Apparatuses (Breaching Shotgun)
Equipment Name: Breaching Apparatuses (Breaching Shotgun) Quantity Owned/Sought: None (Owned by DCPD SWAT) Lifespan: Approximately 15 years Equipment Capabilities: The Royal Arms Breaching Shotgun is capable of firing 12-gauge shotgun ammunition. It is a compact and modified version of the Remington 870 platform designed for breaching purposes. It is specifically intended to fire frangible compressed copper slugs to breach doorway locking mechanisms while minimizing overpenetration or risk of injury to persons in close proximity to the doorway or lock.
Manufacturer Product Description: Royal Arms Breaching Shotgun starts out with the triedand-true Remington 870 Police Model 12 Ga Shotgun as its base. We then completely modify it with our custom CNC machined parts to be the ultimate Breaching Shotgun. Royal Arms invented the Breachers and Breaching shotguns, why settle for an imitation or knock off when you can buy the best American Made Breaching Shotgun for all Tactical Operators and discerning individuals. Royal Arms Tesar-2 Black Cap Slugs: 425 grain compressed copper slug, frangible. Slug Material: Copper powder. Velocity: 1,525 feet per second. Use:
For metal doors, locks, and hinges. Defeats: Heavy locks, dead-bolts and hinges (solid oak – steel doors).
Purpose/Authorized Uses: The breaching shotguns are intended for use as a breaching option during tactical entry into a dwelling or other enclosed space when other breaching options have failed, or when authorized by a supervisor.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force and Firearms.
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
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Packet Pg. 215 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Chemical Agents (Tear-Gas)
Equipment Name: Chemical Agents (Tear Gas)
Quantity Owned/Sought: None (Owned by DCPD SWAT) Lifespan: Varies on storage conditions
Equipment Capabilities: Chemical agents, sometimes referred to as “tear gas” or riot control agents, are less-lethal chemical compounds that temporarily induce discomfort to an individual in the form of one or more of the following: Irritation to the skin, eyes, mouth, throat, and lungs. The goal of which is to gain compliance, dispersal, or direct the movement of one or more individuals.
The Daly City Police Department owns multiple types of chemical agents in various forms, totaling 154 individual units at present. The units are expendable items; therefore, the quantities will vary. Each chemical agent type has different capabilities. The types and manufacturers are as follows:
1. Defense Technologies Spede-Heat CS gas grenade, 81.2g, 20-40 second burn time
2. Defense Technologies Flameless Tri-Chamber CS gas grenade, 20.0g, 20-30 second burn time
3. Combined Tactical Systems Indoor Baffled CS gas grenade, 25.0g, 20-40 second burn time, launchable through outfitted less-lethal shotgun apparatus, requires specific blank 12 gauge launching cartridge manufactured by Combined Tactical Systems
4. Defense Technologies 40mm Liquid Ferret Round, liquid CS projectile dispersed upon impact, 8.0g, launchable though 40mm launcher
5. Defense Technologies Pocket Tactical CS gas grenade, 20.0g, 20-40 second burn time
6. Defense Technologies Maximum Smoke HC (Hexachloroethane) grenade, smoke screen, 1 ½ - 2 minute burn time
Defense Technologies Triple-Chaser, CS gas canister, 90.7g, 20-30 second burn time Manufacturer Product Description: Defense Tech Spede-Heat CS Grenade: The SpedeHeat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.
Defense Tech Flameless Tri-Chamber CS Grenade: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the
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Packet Pg. 216 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.
Combined Tactical Systems Indoor Baffled CS Grenade: Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.
Combined Tactical Systems 12 gauge Launching Cartridge: The Model 2600 Launching Cartridge is a 12-gauge cartridge much shorter than standard full-sized 12-gauge cartridges.
Therefore, to prevent weapon malfunctions, each cartridge must be manually loaded into the chamber for each shot.
Effective range is dependent on the launching cup, launcher, and weight of munitions being launched. The baseline for performance of a Model 2600 Launching Cartridge is that it will launch a Model 9230 CS Grenade a minimum of 100 yards (91M), with cylinder bore and 18" bbl.
Defense Technologies 40mm Liquid Ferret Round: The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.
Defense Technologies Pocket Tactical CS Gas Grenade: The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds.
At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade.
Defense Technologies Maximum Smoke HC Grenade: The Maximum Smoke Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 30-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable colored smoke grenade is 6.0 in. by 2.35 in. and holds approximately 2.9 oz. of active agent.
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Packet Pg. 217 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Defense Technologies Triple-Chaser CS Gas Canister: The Triple-Chaser® CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.
Purpose/Authorized Uses: Chemical agents are intended for use as a less-lethal force response option. They can be deployed by trained Department personnel for riot control purposes, during tactical operations involving barricaded suspects, or in other situations where lesser means are reasonably believed to be ineffective or involve substantially more risk to Department personnel.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force.
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Flashbang Grenades
Equipment Name: Flashbang Grenades
Quantity Owned/Sought: None (Owned by DCPD SWAT) Lifespan: Varies on storage conditions
Equipment Capabilities: The flashbang, sometimes referred to as “stun grenade,” is a diversionary device that delivers a bright flash and loud explosive-type noise when deployed.
This is a non-lethal handheld grenade that does not fragment or produce any shrapnel.
Manufacturer Product Description: Defense Technologies Low Roll 4-gram Distraction Device: The reloadable distraction device unit incorporates a model 7007 type fuse with hex design gun steel body. This is a compact version of the 8933 Low Roll® body Distraction Device and is the newest version of the first reusable non-bursting canister that limits movement and rolling once deployed. The compact Distraction Device fits safely in your hand and packs all the power of the full-size Distraction Device. The 4-Gram Distraction Device® Reload produces a reduced light, and sound output ideal for when the full effects of the 12-gram charge are not desirable.
Purpose/Authorized Uses: Diversionary devices are intended for use as a distraction option used during high-risk entries into a dwelling or similar structure by SWAT operators. They can be deployed by trained Department SWAT operators when authorized by the SWAT Commander or in the event of
exigent circumstances.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT.
14.b
Packet Pg. 218 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force.
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
40mm Launchers and Kinetic Energy Munitions
Equipment Name: 40mm Launchers and Kinetic Energy Munitions Quantity Owned/Sought: None (Owned by DCPD SWAT) Lifespan: Approximately 15 years Equipment Capabilities: The Defense Technology 40mm LMT is a single-shot launcher capable of firing 40mm kinetic energy munitions, also commonly referred to as specialty impact munitions (SIM), which are less-lethal projectiles. The 40mm launcher is also capable of firing 40mm chemical agent munitions, commonly referred to as “tear gas” or CS gas.
Refer to “Tear Gas and Chemical Agents” page for further details on these munitions. The Daly City Department has outfitted the launchers with Trijicon optics for aiming and targeting purposes.
Manufacturer Product Description: Defense Tech 40mm LMT Single Launcher:
Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.
Defense Tech Exact Impact 40mm Standard Range Sponge Round: The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consists of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.
Purpose/Authorized Uses: The 40mm Launchers, kinetic energy munitions, and chemical agent munitions are intended for use as a less-lethal force response option.
Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force and Firearms.
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
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Packet Pg. 219 Attachment: Attachment B - Military Equipment Policy #705 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Policy
606
Pacifica Police Department
Pacifica PD Policy Manual
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by Pacifica Police Department ***DRAFT*** Unmanned Aerial System - 1 Unmanned Aerial System
606.1 PURPOSE AND SCOPE
Unmanned aerial systems may be utilized to enhance the department's mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 606.2 PRIVACY
The use of the UAS potentially involves privacy considerations. Personnel will consider the protection of individual civil rights and the reasonable expectation of privacy as a key component of any decision made to deploy the UAS. Absent a warrant or exigent circumstances, operators and observers shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy. Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy.
606.3 CALL-OUT PROCEDURE
The watch commander shall make a request via SSF dispatch for qualified UAS Team members to respond and deploy the UAS. SSF Dispatch will call the UAS Team Supervisor who will coordinate the callout details with team members. The UAS Team members will handle all UAS operations, notifications and all necessary pre-flight guidelines as specified in the UAS Operations Guidelines. 606.4 AUTHORIZED USE
Only authorized operators who have completed the required training shall be permitted to operate the UAS consistent with FAA regulations in the following circumstances:
(a) Public safety and life preservation missions including barricaded suspects, hostage situations, active shooters, apprehension of armed or dangerous fleeing suspects, and high-risk search warrants.
(b) Mass casualty events
(c) Lost or missing persons
(d) Rescue events
(e) Disaster response and recovery
(f) Suspected explosive devices
(g) Fire suppression or investigation
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Packet Pg. 220 Attachment: Attachment C - Unmanned Aerial System Policy #606 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Pacifica Police Department
Pacifica PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by Pacifica Police Department ***DRAFT*** Unmanned Aerial System - 2 (h) Hazardous material releases
(i) Post-incident crime scene preservation and documentation (j) Pursuant to search warrant
(k) Special events
(l) When probable cause to believe that a UAS will record images of a place, thing, condition, or event, and those images tend to show a serious crime has been committed, or that a particular person has committed a serious crime.
(m) Anytime a UAS would improve operational safety, incident stabilization or incident mitigation as determined by authorizing person.
(n) Anti-UAV operations when a person is operating a UAV in a manner which impedes emergency personnel who, in the course of their duties, are coping with an emergency (Penal Code Section 402(a)1)
(o) Training missions
(p) In support of the Pacifica Fire Department when the underlying mission meets the uses outlined in this policy
(q) Mutual aid support when the underlying mission meets the uses outlined in this policy.
Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.
606.5 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
(a) To conduct random surveillance activities.
(b) To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.
(c) To harass, intimidate, or discriminate against any individual or group. (d) To conduct personal business of any type.
(e) The UAS will not be weaponized.
(f) The UAS will not have facial recognition technology. (g) To conduct routine monitoring of a mass gathering, protest, or demonstration where security concerns do not exist and where criminal activity is not occurring.
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Packet Pg. 221 Attachment: Attachment C - Unmanned Aerial System Policy #606 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Pacifica Police Department
Pacifica PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by Pacifica Police Department ***DRAFT*** Unmanned Aerial System - 3 606.6 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations, and best practices and will have the following additional responsibilities:
(a) Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current.
(b) Ensuring that all authorized operators have completed all required FAA and departmentapproved training in the operation, applicable laws, policies, and procedures regarding use of the UAS.
(c) Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents. (d) Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject.
(e) Ensure a transparency portal containing monthly UAS flight logs is conspicuously posted on the Pacifica Police Department's website. Flight logs shall include date, case/incident number, duration, location, and reason for the flight.
(f) Developing an operational protocol governing the deployment and operation of a UAS including but not limited to safety oversight, establishment of lost link procedures, and secure communication with air traffic control facilities.
(g) Developing a protocol for fully documenting all missions. (h) Developing a UAS inspection, maintenance, and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. (i) Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates, and date and time stamping, shall be as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody. (j) Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules.
(k) Facilitating law enforcement access to images and data captured by the UAS. (l) Recommending program enhancements, particularly regarding safety and information security. (m) Maintaining familiarity with FAA regulatory standards, state laws and regulations, and local ordinances regarding the operations of a UAS.
(n) Ensuring that established protocols are followed by monitoring and providing quarterly reports on the program to the Chief of Police.
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Packet Pg. 222 Attachment: Attachment C - Unmanned Aerial System Policy #606 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Pacifica Police Department
Pacifica PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by Pacifica Police Department ***DRAFT*** Unmanned Aerial System - 4 606.7 EVIDENCE COLLECTION AND RETENTION OF UAS DATA
(a) Following a UAS operation by the Pacifica Police Department, the investigating PPD officer shall meet with the UAS operator to collect the UAS video(s). The video(s) recorded by the police department will be uploaded into the encrypted cloud-based evidence management system, Evidence.com. The collection and uploading of the video(s) will be documented in a police report by the investigating PPD officer.
(b) Images should be retained only when there is reasonable suspicion that they contain evidence of a crime or are relevant to an ongoing investigation. Recordings that contain evidentiary value shall be retained in the same manner as any other evidence gathered during a criminal investigation and retained in accordance with the department's records retention schedule. (c) Recordings will be accessible for review in accordance with strict guidelines pursuant to this policy. Access to recordings is automatically logged and may be subject to audit. (d) Unauthorized use, duplication, and/or distribution of UAS videos are prohibited. Personnel shall not make copies of any UAS videos for their personal use and are prohibited from using a recording device such as a personal camera or any secondary video camera to capture UAS videos. All recorded media, images and audio are the property of the Pacifica Police Department and shall not be copied, released, or disseminated in any form or manner outside the parameters of this policy without the expressed written consent of the Chief of Police or his/her designee. (e) Departmental request for a UAS video, including requests from the District Attorney's Office or City Attorney's Office, shall be forwarded as a written request via e-mail, to the Property and Evidence Supervisor, with sufficient information to locate the UAS video. (f) Non-Departmental Requests for a UAS video shall be accepted and processed in accordance with Federal, State, and local laws, and department policy (discovery, media inquiries, subpoenas, Public Records Act requests, etc.). When practical, department personnel will be advised prior to any release of UAS video under the California Public Records Act (CPRA). (g) Request for Deletion or Accidental Recording
(a) In the event of an accidental activation and recording of the UAS camera system, the recording employee may request that the UAS video is deleted by submitting an email request to the Administrative and Investigative Services Division Commander with sufficient information to locate the UAS video. The Administrative and Investigative Services Division Commander shall review the video, approve or deny the deletion request.
(b) Videos made during authorized department training will be viewed and/or retained for training purposes and then may be retained or deleted with the authorization of the Administrative and Investigative Services Division Commander. Retained files will be stored in approved training files or the digital management system, Evidence.com. (h) Copying Procedure
(a) A copy of the UAS video can be requested in accordance with the provisions of this policy
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Packet Pg. 223 Attachment: Attachment C - Unmanned Aerial System Policy #606 (5775 : Ordinance - Renew Militarized Equipment Ordinance) Pacifica Police Department
Pacifica PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by Pacifica Police Department ***DRAFT*** Unmanned Aerial System - 5 (b) Property Officers will be responsible for handling evidence request for DVD copies and online sharing of videos produced by the UAS camera system for court and other approved request by the Chief of Police or his/her designee. (i) A UAS video may be utilized as a training tool for individuals, specific units, and the department.
A recommendation to utilize a UAS video for such purpose may come from any source outlined below:
(a) A person recommending utilization of a UAS video for training purposes shall submit the recommendation through the chain of command to the Administrative and Investigative Services Division Commander.
(b) The Administrative and Investigative Services Division Commander approving the utilization of a UAS video for training will send an email to the Property and Evidence Supervisor requesting a link of the video be shared with the requestor for a period of 30 days.
(c) If an involved officer or employee objects to the showing of a UAS video, his/her objection will be submitted to their supervisor to determine if the employee's objections outweigh the training value. The Administrative and Investigative Services Division Commander shall review the recommendation and determine how best to utilize the UAS video file considering the identity of the person(s) involved, sensitivity of the incident, and the benefit of utilizing the video versus other means (e.g., departmental policy, Training Bulletin, Officer Safety Bulletin, briefing or other training).
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Packet Pg. 224 Attachment: Attachment C - Unmanned Aerial System Policy #606 (5775 : Ordinance - Renew Militarized Equipment Ordinance)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
Appointments to the Economic Development Committee, Emergency Preparedness and Safety Commission, Library Advisory Committee, and Open Space and Parkland Advisory Committee RECOMMENDED ACTION:
Move to appoint:
a) three (3) applicants to the Economic Development Committee each for a full 4-year term to expire October 2028;
b) two (2) applicants to the Emergency Preparedness and Safety Commission each for a full 4-year term to expire October 2028;
c) up to two (2) applicants to at-large positions on the Library Advisory Committee, specifying the term for each; and
d) one (1) applicant to the Open Space and Parkland Advisory Committee for a partial term to expire May 2028.
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
The City has recruited applicants for the Economic Development Committee, Emergency Preparedness and Safety Commission, Library Advisory Committee, and Open Space and Parkland Advisory Committee due to vacancies and terms expiring in October 2024:
1) three (3) positions on the Economic Development Committee for full four-year terms to expire October 2028;
2) two (2) positions on the Emergency Preparedness and Safety Commission for full four-year terms to expire October 2028;
3) two (2) voting at-large positions on the Library Advisory Committee of a term length to be specified by Council; and
4) one (1) position on the Open Space and Parkland Advisory Committee for one (1) partial term to expire May 2028.
Recruitment notices were posted on the City website on August 28, 2024, and published in the San Mateo Daily Journal on September 4, 2024, and September 11, 2024. These recruitments were also advertised in the City's weekly Connect With Pacifica e-newsletter and the City's Facebook, Instagram, and NextDoor social media accounts.
The terms expiring in October 2024 for the Library Advisory Committee were at-large positions held by youth (under age 18). The City also undertook youth-specific recruitment for the Library 15 Packet Pg. 225
Pacifica City Council 2
October 14, 2024
Advisory Committee. Recruitment notices and recruitment flyers for the Library Advisory Committee focused on youth under age 18 were posted on the City website on August 28, 2024, and shared in the Jefferson Union High School District Superintendent’s Newsletter, the Terra Nova College and Career Center, the Terra Nova Library, the Oceana High School Library, the Tiger NewsBytes Newsletter, the Youth Advisory Board, and the City of Pacifica Parks, Beaches, and Recreation social media.
The application deadline of September 13, 2024, was extended two times: first to September 20, 2024, and lastly to September 30, 2024.
The City received six (6) timely applications for the Economic Development Committee, two (2) timely applications for the Emergency Preparedness and Safety Commission, ten (10) applications for the Library Advisory Committee, and three (3) timely applications for the Open Space and Parkland Advisory Committee. One applicant for the Economic Development Committee subsequently withdrew their application and one applicant indicated that they marked interest in the Economic Development Committee mistakenly on the application, resulting in four (4) eligible applicants for consideration for the Economic Development Committee. Some applicants indicated interest in multiple Committee / Commission recruitments. The lists of applicants under consideration for each committee and commission are attached.
Pacifica Municipal Code Section 2-2.103 (Membership: Eligibility) sets forth guidelines for City Commissions and Committees membership eligibility as follows:
2-2.103(a) Membership on the commissions provided for in this chapter shall represent a broad cross-section of the entire community.
2-2.103(b) To be eligible for appointment to any commission or committee, a person shall be a qualified elector of the City, except for the following persons:
(1) Members who are under the age of eighteen (18) years at the time of their appointment; provided, however, they shall be residents of the City; and
(2) Members of committees who are not qualified electors or residents of the City but who may be appointed by the Council where they are deemed to be able to provide expertise or where they may be representative of a section of the community (i.e., commercial).
Applicant interviews were conducted by the City Council at a Special City Council Meeting held on October 7, 2024.
Selection Process
Lists of all applicants under consideration for each committee / commission are attached as Attachment A - Economic Development Committee applicants, Attachment B - Emergency Preparedness and Safety Commission applicants, Attachment C - Library Advisory Committee applicants, and Attachment D - Open Space and Parkland Advisory Committee applicants.
Council may choose to deliberate as to the candidates that they would support to nominate for appointments to each of the open Committee or Commission seats. Council should then make a formal motion to appoint named applicants to each committee / commission. Each formal motion should specify which named individual(s) are nominated for appointment to full terms 15 Packet Pg. 226
Pacifica City Council 3
October 14, 2024
and which named individual(s) are nominated for appointment to a partial term of specified duration, if there are multiple positions to be filled for differing terms. For the Library Advisory Committee, the nomination should specify the named individual(s) and the desired term duration (e.g. term to expire October 2025). In the past recruitment focused on youth members, the term duration was selected for 1 year, but is subject to City Council discretion.
FISCAL IMPACT:
None associated with this item.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
Attachment A: List of Applicants Economic Development Committee (PDF) Attachment B: List of Applicants Emergency Preparedness and Safety Commission (PDF) Attachment C: List of Applicants Library Advisory Committee (PDF) Attachment D: List of Applicants Open Space and Parkland Advisory Committee (PDF) 15 Packet Pg. 227
CITY COUNCIL REGULAR MEETING
OCTOBER 14, 2024
APPOINTMENTS TO
ECONOMIC DEVELOPMENT COMMITTEE
NEED 3:
• 3 full 4-year terms to expire October 2028
Applicant
Kairi Chen
Paige Miller
Lawrence Niemeyer
Edward Ochi
15.a
Packet Pg. 228 Attachment: Attachment A: List of Applicants Economic Development Committee (5767 : Appointments to City Committees / Commissions:
CITY COUNCIL REGULAR MEETING
OCTOBER 14, 2024
APPOINTMENTS TO
EMERGENCY PREPAREDNESS AND SAFETY COMMISSION
NEED 2:
2 full 4-year terms to expire October 2028
Applicant
Debra Johnson
Bonnie Miller
15.b
Packet Pg. 229 Attachment: Attachment B: List of Applicants Emergency Preparedness and Safety Commission (5767 : Appointments to City Committees /
CITY COUNCIL REGULAR MEETING
OCTOBER 14, 2024
APPOINTMENTS TO
LIBRARY ADVISORY COMMITTEE
UP TO 2:
• Voting At-Large Positions
• Term Length to Be Determined at Time of Appointment
(expiration month October)
Applicant
Kairi Chen
LaSaundra Gutter
Stephanie Hartwell-Mandella
Selene Manalac
Lawrence Niemeyer
Kathleen Renfroe Johnson
Maya Sinapuelas
Lisa Savcak
Luke Sun
Jaime Wong
15.c
Packet Pg. 230 Attachment: Attachment C: List of Applicants Library Advisory Committee (5767 : Appointments to City Committees / Commissions: EDC,
CITY COUNCIL REGULAR MEETING
OCTOBER 14, 2024
APPOINTMENT TO
OPEN SPACE AND PARKLAND ADVISORY COMMITTEE
NEED 1:
1 partial term to expire May 2028
Applicant
John Kontrabecki
Lawrence Niemeyer
Jaime Wong
15.d
Packet Pg. 231 Attachment: Attachment D: List of Applicants Open Space and Parkland Advisory Committee (5767 : Appointments to City Committees /