Agenda — Pacifica City Council, January 27, 2025

CITY OF PACIFICA

CITY COUNCIL AGENDA
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Sue Beckmeyer
Mayor pro Tem Mary Bier
Councilmember Christine Boles
Councilmember Mayra Espinosa
Councilmember Greg Wright
City Council Regular Meeting 1 January 27, 2025
SPECIAL and REGULAR MEETING
January 27, 2025 (MONDAY)
www.cityofpacifica.org
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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
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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 January 27, 2025
5:30 PM - CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: Tract No. 23-118, San Mateo County APNs 023-730-030, 023-730-120, 023-730-210 (commonly known as the “Pedro Point Headlands”. Agency negotiator: Kevin Woodhouse, City Manager and Michelle Marchetta Kenyon, City Attorney. Negotiating parties: United States Department of the Interior (National Park Service). Under negotiation: Price and terms of payment.

B. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION, pursuant to Government Code section 54956.9(d)(1): City of Pacifica v. Millard W. Tong et al., San Mateo County Superior Court No. 18CIV05455, Court of Appeal of the State of California, First Appellate District (Division 1), Case No. A168115, A169714, A169273 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 Bier
Closed Session Report

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.

City Council Regular Meeting 3 January 27, 2025
Items on the consent calendar will be adopted by one motion unless a Councilmember requests, before the vote on the motion, to have an item discussed. Time limit on comments is three minutes or less.

1. Adopt a Resolution Adopting a New Administrative Policy No. 84, "Guidelines for Issuing Proclamations, Commendations and Ceremonial Documents" to Establish Criteria and Procedures for Official City Council Recognition in the form of Proclamations and Ceremonial Documents
PROPOSED ACTION: Adopt a Resolution titled, “A Resolution of the City Council of the City of Pacifica Adopting Administrative Policy No. 84 ‘Guidelines for Issuing Proclamations, Commendations and Ceremonial Documents’”.

2. Second Revised and Restated Joint Power Agreement (JPA) with the San Mateo County Operational Area Emergency Services Organization
PROPOSED ACTION: Adopt a Resolution Authorizing the City Manager to Execute a second Revised and Restated Joint Power Agreement (JPA) with the San Mateo County Operational Area Emergency Services Organization.

3. Peninsula Clean Energy Solar Photovoltaic System Procurement PROPOSED ACTION: Adopt a Resolution authorizing the City Council of the City of Pacifica Approving the Power Purchase Agreement (PPA) to install a Solar Photovoltaic System (Solar PV System) at the Pacifica Civic Center Community Development and Engineering (CDE) building and new carport structure with Peninsula Clean Energy and authorize the City Manager to execute all documents related to the project.

4. Third Amendment to the Consultant Services Agreement between the City of Pacifica and Eisenberg, Olivieri & Associates Inc. for Commercial and Industrial Stormwater Inspections and Related Services
PROPOSED ACTION: Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Approving Third Amendment to the Consultant Services Agreement between the City of Pacifica and Eisenberg, Olivieri & Associates Inc. and authorize the City Manager to execute all documents.

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

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

City Council Regular Meeting 4 January 27, 2025

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

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

PUBLIC HEARINGS - NONE.

CONSIDERATION

5. Appointment of Council ad hoc subcommittee to evaluate policies for annual selection process for Mayor and Mayor pro Tem; and continuation of discussion from the January 13, 2025, agenda item regarding the Mayor/Mayor Pro Tem selection PROPOSED ACTION: Consider appointing a two-councilmember limited-term ad hoc subcommittee to work with City staff to evaluate potential process changes for the annual Mayor and Mayor pro Tem selection process; and continue discussion on Mayor/Mayor Pro Tem selection.

6. Receive Update on City Council Workplan Item for Review of City Committee / Commission Charters and Provide Direction to Staff to Confirm this Workplan Item and Provide Updated Timeline; Establish Ad-Hoc City Council Subcommittee to Provide Input for Charter Reviews; Adopt Resolution to Amend the Charter for the Library Advisory Committee to Designated Two Positions for Youth Members PROPOSED ACTION: It is recommended that the City Council take the following actions:
. 1. Provide Direction to Staff to Confirm the City Council Workplan Item to Complete the Review and Update to Council Advisory Committee / Commission Charters and Updated Timeline; and
. 2. Establish Ad-Hoc City Council Subcommittee Consisting of Two Councilmembers to Provide Input to Staff for Questions to Pose to the Members of Specific Committees / Commissions to Facilitate Review and Staff Recommendations Regarding Charter Reviews for the Remaining Bodies: Beautification Advisory Committee; Emergency Preparedness & Safety Commission; and Parks, Beaches & Recreation Commission; and

3. Move to adopt the attached resolution titled, “A Resolution of the City Council of the City of Pacifica Rescinding Resolution No. 67-2023 and Amending the Charter of the Library Advisory Committee”.

7. Additional 2025 City Council Liaison and Committee Assignments PROPOSED ACTION: Review the updated list of City Council Liaison and Committee Assignments, make additional appointments, as needed, for the calendar year 2025, and approve the final list.

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 5 January 27, 2025
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 • Congressman Sam Liccardo, 1117 Longworth House Office Building, Washington DC 20515 (202) 225-8104
• Senator Alex Padilla, 331 Hart Senate Office Building, Washington DC 20510 (202) 224-3553 • Senator Adam Schiff, SD-B40B Dirksen Senate Office Building, Washington DC 20510 (202) 224-3841 • President Donald J. Trump, 1600 Pennsylvania Ave. NW, Washington DC 20500

CITY COUNCIL
• Mayor Sue Beckmeyer, [email protected]
• Mayor pro Tem Mary Bier, [email protected]
• Councilmember Christine Boles, [email protected]
• Councilmember Mayra Espinosa, [email protected]
• Councilmember Greg Wright, [email protected]

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/27/2025
1 SUBJECT:

Adopt a Resolution Adopting a New Administrative Policy No. 84, "Guidelines for Issuing Proclamations, Commendations and Ceremonial Documents" to Establish Criteria and Procedures for Official City Council Recognition in the form of Proclamations and Ceremonial Documents
RECOMMENDED ACTION:

Adopt a Resolution titled, “A Resolution of the City Council of the City of Pacifica Adopting Administrative Policy No. 84 ‘Guidelines for Issuing Proclamations, Commendations and Ceremonial Documents’”.

STAFF CONTACT:

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

At the regular City Council meeting held on January 13, 2025, the Council reviewed the proposed new Administrative Policy No. 84 “Guidelines for Issuing Proclamations, Commendations and Ceremonial Documents” and provided direction to amend the proposed Administrative Policy to clarify that a Councilmember may request through the City Manager to place a proposed Proclamation on the agenda pursuant to the City Council Rules and Code of Ethics. The City Council Rules and Code of Ethics provides in Section 11.4 (Administrative Matters) a process for how individual Councilmembers may agendize an item for a City Council meeting. This process would also apply to Councilmember requests for a Proclamation to be placed on the agenda. Attachment A provides a clean edited version of the proposed policy to address Council's direction from the January 13, 2025 meeting and Attachment B shows the edit in a redlined version.

The City Council of the City of Pacifica issues Proclamations and Ceremonial Documents such as letters or certificates of recognition, commendation or congratulations on occasion. There are certain events or occasions that are recognized regularly by Proclamation issued at City Council meetings that are brought forth by City staff for recognition. Examples of such Proclamations include Wildfire Preparedness Month, Parks Make Life Better Month, Fire Prevention Week / Month, Arbor Day, City employee retirement as per Administrative Policy No. 81, public service of outgoing City Councilmembers, and public service of outgoing City Committee / Commission members who have served at least two full terms. The City also receives requests from individuals or outside organizations for recognitions by City Council in the form of Proclamations or other ceremonial documents such as letters or certificates of recognition, commendation or congratulations. The City has received an increasing number of requests for these types of recognitions and considers requests upon receipt on a case by case basis, subject to the Mayor’s and City Manager’s discretion. Proclamations and/or Ceremonial Documents may be presented at a City Council meeting, at an event or provided directly to a recipient and/or the requesting party.
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In order to establish consistent guidelines and practice, to help manage the number of City Council agenda items, and help manage the staff work related to creating these recognition documents, the City Manager recommends establishing a new Administrative Policy No. 84, “Guidelines for Issuing Proclamations, Commendations and Ceremonial Documents” (Attachment A) for the purpose of establishing consistent criteria and procedures for official City Council recognition in the form of Proclamations and Ceremonial Documents, such as certificates or letters or recognition, commendation or congratulations. The proposed policy and guidelines set forth generally that the intent is to recognize noteworthy contributions and achievements of individuals and organizations, events of significant importance to the Pacifica community and occasions for public awareness, with an emphasis on achievements, contributions or activities which support the City Council’s adopted Strategic Plan goals and objectives. The proposed policy states that these forms of recognition are not intended for partisan, commercial or narrow individual purposes. It provides guidelines with categories for which recognitions in the form of Proclamations or Ceremonial Documents may be honored and categories for which these types of recognitions would not be considered. The proposed policy establishes criteria and information that must be submitted for requesting these types of recognition and a timeline for submission deadlines. Due to the staff time involved in reviewing the requests for Mayor and City Manager approval, City Clerk Office time for preparing the documents for Mayor’s approval and signature, scheduling of presentation / issuance of the documents and balancing of special presentations agendized for City Council meetings, the proposed policy recommends that all requests for Proclamations and Ceremonial Documents should be directed to the City Clerk’s Office at least 30 calendar days prior to the date requested for issuance and that requests received less than 14 days in advance will be denied.

The proposed policy provides that the City Manager or their designee, would review the request and determine whether the request is consistent with the proposed policy. If the request is consistent with the proposed policy the City Manager would grant the request. The City Manager, may, but is not required to, consult with the Mayor on any request the City Manager is reviewing.

The proposed Administrative Policy No. 84 (Attachment A) and Resolution for the adoption of this Policy are attached with this Staff Report for Council’s consideration.

ALTERNATIVE ACTION:

The City Council could decline to adopt the proposed Administrative Policy and provide different direction to staff. The City Council could also adopt the policy with any amendments discussed and approved by the Council.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the Administrative Policy is consistent with the following Council adopted Goals:
“Goal 1 - Enhance Organizational & Fiscal Stability”
“Goal 5 - Broaden Public Communication and Collaboration” Strategy “Ongoing, Non-Discretionary or Previously Initiated Projects and Services” under each of the above Goals.
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FISCAL IMPACT:

There is no fiscal impact associated with this action.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Proposed Administrative Policy No. 84 – Guidelines for Issuing Proclamations and Ceremonial Documents (PDF)
Attachment B: Redlined Version of Proposed Admin Policy #84 - edits following 1/13/2025 direction (PDF)
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January 27, 2025
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA ADOPTING ADMINISTRATIVE POLICY NO. 84 “GUIDELINES FOR ISSUING PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL DOCUMENTS”
WHEREAS, the City desires to establish clear and consistent criteria and guidelines for official City Council recognition in the form of ceremonial acknowledgment such as Proclamations of the Mayor and certificates or Letters of Recognition, Commendation or Congratulations (collectively referred to as “Ceremonial Documents”); and WHEREAS, the City desires to recognize noteworthy contributions and achievements of individuals and organizations with an emphasis on achievements, contributions or activities which support the City Council’s adopted Strategic Plan goals and objectives; and
WHEREAS, the City wishes to bring public awareness to events, accomplishments and matters of significant importance to the Pacifica community that have local or regional appeal and/or promote the health and welfare of the community and citizens of the City; and WHEREAS, the City’s issuance of Proclamations and Ceremonial Documents are strictly honorary and not statements of policy and do not have any legal force or effect, nor do they constitute an endorsement by the City of Pacifica or the City Council; and WHEREAS, the City’s issuance of Proclamations and Ceremonial Documents are not intended to be a forum for free expression by the public; and WHEREAS, the City wishes to set forth clear guidelines for information and deadlines for submission of requests for Proclamations and Ceremonial Documents; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica hereby adopts Administrative Policy No. 84 “GUIDELINES FOR ISSUING PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL DOCUMENTS” in Attachment A, which is attached hereto and incorporated herein by this reference. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 27th day of January, 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Beckmeyer, Mayor
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ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 1 Packet Pg. 10
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January 27, 2025

ATTACHMENT A
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1 Administrative Policy No. 84

CITY OF PACIFICA

ADMINISTRATIVE POLICY
No.
84 GUIDELINES FOR ISSUING PROCLAMATIONS,

COMMENDATIONS AND CEREMONIAL DOCUMENTS
DATE ISSUED:
mm/dd/yyyy
PURPOSE:

The purpose of this policy is to establish consistent criteria and procedures for official City Council recognition in the form of ceremonial acknowledgment such as Proclamations of the Mayor (“Proclamations”) and Certificates or Letters of Recognition, Commendation or Congratulations (collectively “Ceremonial Documents”).

POLICY:

It is the policy of the City to recognize noteworthy contributions and achievements of individuals and organizations through Proclamations and Ceremonial Documents in accordance with the criteria contained in this policy, and at the discretion of the Mayor and City Manager. The Proclamations and Ceremonial Documents are not intended for partisan, commercial or narrow individual purposes, as those purposes are inconsistent with the overall policies of the City.

Proclamations are also reserved for public awareness, accomplishments and/or events of significant importance to the Pacifica community. The request for a Proclamation or Ceremonial Document should have local or regional appeal and/or promote activities taking place in the City of Pacifica, with an emphasis on achievements, contributions or activities which support the City Council’s goals and objectives. Only one request for Proclamation or Ceremonial Document will be granted per event. However, a single request may entail a certificate or Ceremonial Document for multiple honorees at an event, provided the request is made from a single requestor (e.g.

President of Pacifica Sports Club requesting certificates to multiple inductees into the annual Pacifica Sports Hall of Fame; a Scoutmaster requesting Ceremonial Documents to recognize multiple Scouts earning the Eagle Scout Award; or Pacific Beach Coalition requesting certificates to honor “Stars of the Sea” recipients for Earth Day event).

Proclamations and Ceremonial Documents are strictly honorary and not statements of policy and do not have any legal force or effect, nor do they constitute an endorsement by the City of Pacifica or the City Council. The City's Proclamations and Ceremonial Documents are not intended to serve as a forum for free expression by the public.

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2 Administrative Policy No. 84
Proclamations
Proclamations may be requested for the following:

A. Recognition of outgoing Mayor or Councilmember;
B. Recognition of outgoing City Committee / Commission members who have served at least two full terms;
C. Recognition of outgoing State Assemblymembers or Senators; D. Retiring City Employees per Administrative Policy No. 81; E. To call public attention to a Civic Celebration (e.g., City’s birthday or anniversary of incorporation, etc.) or Commemorative event (e.g., Civic Center ribbon cutting opening), which the City is participating in or a community service or program (e.g., Small Business Saturday), which is being carried out in the City for the benefit of residents;
F. Public awareness of significant local, county or state activities or issues, not of a political or partisan nature, which promote the health and welfare of the community and citizens of the City (e.g., Wildfire Preparedness Month, Parks Make Life Better Month, Fire Prevention Week / Month, Arbor Day, etc.);
G. Recognition of Pacifica residents on the occasion of their 100th birthday.

Proclamations will not be issued for:

A. For-profit businesses, as an advertisement or commercial promotion; B. Matters not within the subject matter jurisdiction of the City of Pacifica; C. Events with no direct relationship to the City of Pacifica; D. Events or Activities contrary to City policies or the City Council’s goals and objectives; E. Organizations that have no locally based chapters or specific connection to the City of Pacifica
F. Matters of ideological or religious beliefs; or
G. Matters of a political or partisan nature. For purposes of this Policy, “political” means relating to the ideas or strategies of a particular party or group in politics and would include promoting or taking a position relating to candidates or potential candidates for elected office, etc.

Ceremonial Documents
Ceremonial Documents may be issued for the following:

A. Acts of Heroism;
B. School or Sports Groups’ achievements (or individuals chosen for recognition by the school or Sports Group);
C. Eagle Scout / Gold Award Achievements; or
D. Outstanding achievements or contributions by local groups, businesses or non-profit organizations (or individuals chosen for recognition by the non-profit organization) within the City of Pacifica.

Ceremonial Documents will not be issued for:

A. For-profit businesses, as an advertisement or commercial promotion; B. Matters not within the subject matter jurisdiction of the City of Pacifica; C. Events with no direct relationship to the City of Pacifica; D. Events or Activities contrary to City policies or the City Council’s goals and objectives; E. Matters of ideological or religious beliefs;
F. Matters of a political or partisan nature. For purposes of this Policy, “political” means relating to the ideas or strategies of a particular party or group in politics and would include

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3 Administrative Policy No. 84
promoting or taking a position relating to candidates or potential candidates for elected office, etc.

Submitting Requests
All requests for Proclamations and Ceremonial Documents should be directed to the City Clerk’s Office for review at least 30 calendar days prior to the date requested for presentation/ issuance.

Exceptions to the deadline may be granted at the discretion of the City Manager in consultation with the Mayor, provided that sufficient time is permitted to prepare the item before the event; however, requests received less than 14 calendar days in advance will be denied. Individual Councilmembers and City Department Heads, or their designee, may request an appropriate Proclamation or Ceremonial Document through the City Clerk’s Office or City Manager. Requests for Proclamations or other Ceremonial Documents must be submitted to the City Clerk with the following information:
1) Contact person’s first and last name, daytime phone number, and email address; 2) Brief summary of the event or organization;
3) For Proclamations: Draft text of proclamation, including four to five “WHEREAS” clauses 4) Content must be typed in 12-point font and fit on a single 8 ½ x 11-inch page with wide

1.25-inch margins, providing 1 inch at the top for the City seal and 1 inch at the bottom for the Mayor’s signature;
5) Date by which the Proclamation/Ceremonial Document is needed; and 6) Location where the Proclamation/Ceremonial Document is requested to be presented (e.g., at a Council meeting or other special event and date preferred).

Each request shall provide sufficient background information to allow the City Clerk to determine whether the request is consistent with this Policy and to prepare an appropriate form of recognition. If insufficient information is provided, the City Clerk may request more information be provided.

Review of Requests
Submission of a request does not guarantee the issuance of a Proclamation or Ceremonial Document. Requests for Proclamations or Ceremonial Documents will be reviewed by the City Manager, or their designee. The City Manager, or their designee shall determine whether the request is consistent with this Policy. If a request is determined to be consistent with this Policy, then the Proclamation or Ceremonial Document will be prepared and issued as discussed below.

The City Manager, may, but is not required to, consult with the Mayor on any request the City Manager is reviewing.

If a request is not consistent with this Policy, the City Manager, or their designee, will notify the requestor of the determination but shall not be obligated to provide any explanation of the determination.

Issuance of Proclamations/Ceremonial Documents
If a Proclamation or Ceremonial Document is issued, the City retains the right to modify, edit or otherwise amend any proposed proclamation to meet its requirements, needs or policy determinations. The final wording or content of any Proclamation or Ceremonial Document is subject to the City Manager’s, or their designees’ discretion.

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4 Administrative Policy No. 84
If a Proclamation or Ceremonial Document is issued, it may be presented either at a City Council meeting, a special event or directly to the requestor. If a Proclamation or Ceremonial Document is to be issued at a City Council meeting, it will be placed on the Agenda under “SPECIAL PRESENTATIONS”. A maximum of two Proclamations or Ceremonial Documents may be issued at each City Council meeting, unless otherwise approved by the City Manager. The City Manager, or their designee, will determine the timing of the presentations for the Proclamation or Ceremonial Document at specific City Council meetings based on the length of the agenda and availability of the Mayor or their designee. Consistent with the Council Rules and Ethics Section 6(1), there should be an attempt to limit all commendations, proclamations and special presentations to no more than 20 minutes.

Requests for Proclamations or Ceremonial Documents to be presented at a special event are subject to the availability of the Mayor, or their designee, or other City official.

Proclamations and Ceremonial Documents shall be issued on behalf of the City Council and signed by the Mayor only, or the Mayor pro Tem in the Mayor’s absence or by the Mayor’s designee. The Mayor’s signature may be in the form of a wet signature, electronic signature or signature stamp / image with the Mayor’s approval.

Proclamations and Ceremonial Documents must be picked up at the City Council meeting or special event at which it is scheduled for presentation or picked up from the City Clerk’s Office only after the requestor has been notified that it is ready at City Hall. Proclamations and Ceremonial Documents will not be mailed. Proclamations and Ceremonial Documents must be picked up within 30 calendar days of the event date or otherwise the receipt by requestor will be considered forfeited.

Nothing in this Policy shall prohibit individual Councilmembers from preparing individual notes of appreciation or congratulation to others. In this case, however, no staff support shall be provided and no presentation shall be made at a Council meeting.

Nothing in this Policy shall prohibit Councilmembers from requesting through the City Manager to agendize a Proclamation for consideration by Council pursuant to the City Council Rules and Code of Ethics.

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DRAFT
1 Administrative Policy No. 84

CITY OF PACIFICA

ADMINISTRATIVE POLICY
No.
84 GUIDELINES FOR ISSUING PROCLAMATIONS,

COMMENDATIONS AND CEREMONIAL DOCUMENTS
DATE ISSUED:
mm/dd/yyyy
PURPOSE:

POLICY:

REDLINED VERSION

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2 Administrative Policy No. 84
Proclamations
Proclamations may be requested for the following:

Proclamations will not be issued for:

Ceremonial Documents
Ceremonial Documents may be issued for the following:

Ceremonial Documents will not be issued for:

A. For-profit businesses, as an advertisement or commercial promotion; B. Matters not within the subject matter jurisdiction of the City of Pacifica; C. Events with no direct relationship to the City of Pacifica; D. Events or Activities contrary to City policies or the City Council’s goals and objectives; E. Matters of ideological or religious beliefs;
F. Matters of a political or partisan nature. For purposes of this Policy, “political” means relating to the ideas or strategies of a particular party or group in politics and would include

REDLINED VERSION

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promoting or taking a position relating to candidates or potential candidates for elected office, etc.

The City Manager, may, but is not required to, consult with the Mayor on any request the City Manager is reviewing.

REDLINED VERSION

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4 Administrative Policy No. 84
If a Proclamation or Ceremonial Document is issued, it may be presented either at a City Council meeting, a special event or directly to the requestor. If a Proclamation or Ceremonial Document is to be issued at a City Council meeting, it will be placed on the Agenda under “SPECIAL PRESENTATIONS”. A maximum of two Proclamations or Ceremonial Documents may be issued at each City Council meeting, unless otherwise approved by the City Manager. The City Manager, or their designee, will determine the timing of the presentations for the Proclamation or Ceremonial Document at specific City Council meetings based on the length of the agenda and availability of the Mayor or their designee. Consistent with the Council Rules and Ethics Section 6(1), there should be an attempt to limit all commendations, proclamations and special presentations to no more than 20 minutes.

Requests for Proclamations or Ceremonial Documents to be presented at a special event are subject to the availability of the Mayor, or their designee, or other City official.

REDLINED VERSION

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/27/2025
1 SUBJECT:

Second Revised and Restated Joint Power Agreement (JPA) with the San Mateo County Operational Area Emergency Services Organization
RECOMMENDED ACTION:

Adopt a Resolution Authorizing the City Manager to Execute a second Revised and Restated Joint Power Agreement (JPA) with the San Mateo County Operational Area Emergency Services Organization.

STAFF CONTACT:

Bill Glasgo, Police Captain
650-738-7314
[email protected]
BACKGROUND/DISCUSSION:

In 1997, the County of San Mateo in cooperation with jurisdictions within the County of San Mateo, created the Emergency Services Council (ESC). The ESC’s mission is to provide planning, preparedness, public information, training, and Federal/State intergovernmental emergency services coordination for the twenty cities/towns within San Mateo County, as well as for County government, to enable the jurisdictions to respond to, minimize the impact of, and recover from a major emergency, disaster or homeland security incident with the least possible loss of life or property.

Jurisdictions with the County of San Mateo comprise the San Mateo County Operational Area (SMCOA) and manage emergency operations through a Joint Powers Agreement (JPA) originally created in 1997. The agreement established the San Mateo Operational Area Emergency Services organization and outlined the operational structure of and funding formula for the SMCOA.

DISCUSSION:

The ESC revised and restated the Joint Powers Exercise of the Powers Agreement on October 17, 2014. Since then, it has become outdated following significant changes with the San Mateo County Department of Emergency Management (DEM), which now operates as a standalone agency separate from the County Sheriff’s Office.

To accurately reflect the current responsibilities of the DEM and the ESC, the ESC unanimously approved changes to the JPA on September 19, 2024, enclosed as Attachment A. The City of Pacifica partners with ESC and DEM to receive services such as Hazmat Responses, Emergency Alert and Warning, and Training and Exercises for the Operational Area. 2 Packet Pg. 20
Pacifica City Council 2
January 27, 2025
According to the ESC, key changes to the Agreement, include:
• Standardizing nomenclature;
• Updating agreement language; and
• Clarifying and defining the roles of the ESC, the ESC Finance Committee, and the Department of Emergency Management.

During the update process, the San Mateo County Fire Chiefs Association and the San Mateo County Police Chief and Sheriffs Association offered suggestions which were incorporated into the final version of the MOU. Section 1.04 of the ESC-JPA MOU includes revised language to allow Member Agencies the authority to consider DEM established emergency management practices and “implement them as they see fit within their respective jurisdictions.” Section 2.07, which amends the voting requirements to provide that, “The ESC may not take any substantive action without a majority of the Member Agencies voting to take that action. Action on nonsubstantive procedural matters may be taken by a majority of a quorum.” The ESC brings together local governments, special districts, and other entities to coordinate emergency planning and response, including for hazardous materials. This council engages in the planning with respect to all phases of the emergency management cycle; prevention, protection, response, recovery, and mitigation efforts, while also maintaining key public information systems like SMC Alert.

The City Manager is seeking City Council authorization to execute a second Revised and Restated Joint Power Agreement (JPA) with the San Mateo County Operational Area Emergency Services Organization.

ALTERNATIVE ACTION:

The JPA applies countywide and city-specific revisions are not possible, therefore the only alternative action should the Council not approve the revised JPA would be to withdraw from the JPA and create its own emergency management structure, which would not be financially or operationally feasible.

RELATION TO CITY COUNCIL STRATEGIC PLAN:

Strategic Plan Goal 1: “Enhance organizational and fiscal stability”.

FISCAL IMPACT:

There is no proposed change to the funding formula for the Joint Powers Agreement, therefore there is no fiscal impact from adopting the Resolution.

ORIGINATED BY:

Police
ATTACHMENT LIST:

Attachment A: Amended Joint Exercise Powers of Agreement with the San Mateo Operational Area Emergency Services Organization (PDF)
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Pacifica City Council 3
January 27, 2025
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING THE

CITY MANAGER TO EXECUTE A SECOND REVISED AND RESTATED JOINT EXERCISE

OF POWER AGREEMENT WITHT THE SAN MATEO COUNTY OPERATIONAL AREA

EMERGENCY SERVICES ORGANIZATION
WHEREAS, in 1997 the City of Pacifica with other cities in San Mateo County, entered into a San Mateo Operations Area Joint Powers Agreement for the emergency services; and WHEREAS, on October 17, 2014 the Exercise of Joint Powers Agreement was revised to reflect changes in current laws, directives, orders and trends; and WHEREAS, on September 19, 2024 this agreement was updated to reflect changes within the Department of Emergency Management (DEM), which now operates as a standalone agency separate from the San Mateo County Sheriff’s Office; and WHEREAS, during the revision process this Agreement was reviewed by the County’s Emergency Services Council, the San Mateo County Police Chiefs and Sheriffs Association, the San Mateo County Fire Chiefs Association; and City Councils of Member Agencies; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica, California, that the City Manager of the City of Pacifica is authorized to execute an amended Joint Exercise of Powers Agreement with the San Mateo County Operational Area Emergency Services Organization.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 27th day of January 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

CITY OF PACIFICA
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ 2 Packet Pg. 22
Pacifica City Council 4
January 27, 2025
Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney 2 Packet Pg. 23
Pacifica City Council 5
January 27, 2025

ATTACHMENT A
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September 19, 2024 1
Second Revised and Restated
Joint Exercise of Powers Agreement
San Mateo County Operational Area Emergency Services Organization THIS JOINT POWERS AGREEMENT (“Agreement”) is made as of the Effective Date by and between the public entities set forth below, creating the San Mateo County Operational Area Emergency Services Organization Authority (“Organization”), also known as the Emergency Services Council (“ESC”).

Each public entity executing this Agreement shall be referred to individually as a “Member Agency,” with all referred to collectively as “Member Agencies.”

RECITALS
Whereas Member Agencies have established a unified emergency services organization by forming the Organization; and
Whereas the Member Agencies agree that the purpose of this Organization will be to operate pursuant to Presidential Policy Directive 5 (PPD-5), the National Response Framework, National Incident Management System (NIMS), Presidential Policy Directive 8 (PPD-8), the National Preparedness Goal (NPG) and California’s Standardized Emergency Management System (SEMS) and local adopted Emergency Operations Plans (EOPs) and Annexes.

Whereas the Member Agencies agree that the participants within this Organization may include all local governments within the geographic area of San Mateo County (SMC), special districts, unincorporated areas, and participating non-governmental entities; and Whereas the Member Agencies agree that the goal of the Organization is to provide coordinated plans for the protection of persons and property based on the phases of emergency management; and
Whereas the Member Agencies have the authority to enter into this Agreement under the Joint Exercise of Powers Act (“JPA Act”), California Government Code Section 6500 et seq.

NOW, THEREFORE, in consideration of the recitals and mutual obligations of the Member Agencies as herein contained, the Member Agencies agree as follows:

Article I - GENERAL PROVISIONS

1.01 Purpose
This Agreement creates an entity to exercise the powers shared in common by the Member Agencies to engage in San Mateo County Operational Area (SMC OA) cooperative planning with respect to all phases of the emergency management cycle: preparedness, mitigation, response, and recovery.

Such purposes are to be accomplished and the Members Agencies’ common powers exercised as set forth in this Agreement.

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1.02 Creation of Authority
Pursuant to the JPA Act, the Member Agencies hereby reaffirm the creation of an entity to be known as the Organization or ESC. The Organization will be comprised of Member Agencies. The Organization shall be a public entity separate and apart from the Member Agencies. The geographic jurisdiction of the Organization is all territory within the geographic boundaries of the Member Agencies; however, the Organization may undertake any action outside those geographic boundaries as is necessary and incidental to accomplishing its purpose.

1.03 Membership in the Organization
Membership in the Organization is limited to public entities, as defined by the JPA Act, located or operating within SMC that have approved and executed this Agreement, and contributed resources of any kind toward establishing and supporting the Organization (including, but not limited to financial, personnel, equipment, or other resources) as approved by the ESC.

1.04 Participating Members/Partners in the Organization The DEM will establish standards for emergency management practices within the SMC OA.

Member Agencies will take those standards into consideration and implement them as they see fit within their respective jurisdictions.

Participation in the Organization is intended to ensure cooperative emergency planning and response; all participating Member Agencies and partners are expected to attend all regular and special meetings of the ESC, encourage active participation by their jurisdictions in the development of plans and training programs, drills, exercises and training opportunities, and otherwise assist in supporting the implementation of this Agreement.

1.05 Powers of the Organization
The Organization may purchase, lease, own and/or dispose of property and equipment and enter into contract(s), as required to satisfy the purposes of this Agreement. The Organization may employ agents and/or employees, operate works and improvements, sue and be sued in its own name, and invest surplus funds.

Article II – GOVERNANCE

2.01 Composition of the Organization
The Organization shall be administered by the ESC consisting of the following members:
a) The Chair of the Organization shall be a representative from the Board of Supervisors. The Chair of the Organization shall be appointed by the President of the Board of Supervisors. b) The mayor of each city or town in the County, or the mayor's designated representative, with the understanding that any representative shall be member of the City Council of the city whose mayor they are representing.
c) A Vice-Chair shall be selected by the ESC.

2.02 General Purpose of the Organization
The general purpose of the Organization is to:
a) Provide structure for administrative and fiscal policies and procedures;

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b) Identify and pursue funding sources;
c) Set policy;
d) Maximize the utilization of available resources; and e) Oversee all committee activities.

2.03 Specific Responsibilities of the ESC
The specific responsibilities of the ESC shall be as follows:
a) To review and recommend adoption by the Board of Supervisors and City Councils of each City, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements, in addition to the basic agreements as deemed necessary to carry out the purpose of the Organization.
b) To approve an annual budget in an amount necessary to carry out the purposes of the Organization. Upon review and approval of the annual budget by the ESC, each Member Agency shall recommend the budget to the governing body of the Member Agency to secure from each the appropriation consistent with each Member Agency’s identified allocation (via Budget Sheets.)
c) Each Member Agency’s Executive Officer shall identify and designate at the beginning of each fiscal year, a local coordinator for regular participation in the San Mateo County Emergency Managers Association (SMC EMA) and work alongside the DEM. Should the identified Coordinator change at any time during the year, the Member Agency shall advise the DEM within 30 days.
d) If a Member Agency participates in a contract relationship for the provision of emergency services, it is still required to name a local emergency coordinator to the EMA who will assure the continuity of communication between the Member Agency, the DEM and the Organization.

2.04 Meetings of the Organization.
a) Regular Meetings: The ESC shall approve a schedule for its regular meetings provided, however, the ESC shall hold at least four meetings in one calendar year. The ESC shall fix the date, hour, and location of regular meetings by resolution and the Secretary shall transmit a copy of the resolution to each Member Agency at the first meeting of the fiscal year. By the approval of the Chair, Vice Chair, or the Department of Emergency Management Director (“DEM Director”), meetings can be canceled due to extenuating circumstances, which may include, but are not limited to, a lack of agenda items. b) Agenda Setting - The agenda shall be set by the Chair, Vice Chair, and the DEM Director. c) Special Meetings: Special meetings of the ESC may be called by the Chair, a majority of the ESC or the DEM Director. Special meetings will be held in accordance with the Ralph M. Brown Act (“Brown Act”), California Government Code section 54950 et seq. d) Call, Notice and Conduct of Meetings: All meetings of the legislative body of the ESC shall be noticed and held in accordance with the provisions of the Brown Act. As soon as practicable, but no later than the time of posting, the Secretary shall provide notice and the agenda to each Member Agency. Any Member Agency may request that an item be considered for placement on the Agenda by submitting the request to the DEM Director. e) Meetings of the ESC shall be conducted by the Vice-Chair in the absence of the Chairperson.

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In the absence of both Chair and Vice-Chair, the meeting shall be chaired by a member of the ESC selected by a majority vote of the ESC.

2.05 Minutes
The Secretary of the Organization shall cause to be kept a digital recording of each meeting, which shall be posted on the DEM Website. The Secretary will create brief summary written minutes for approval by the ESC. Once the minutes have been approved by the ESC, the minutes will be posted on the DEM website.

2.06 Voting
All power of the Organization shall reside with the ESC. Each Member Agency shall have one vote.

A Member Agency’s alternate representative may participate and vote in the proceedings of the ESC only in the absence of that Member Agency’s regular representative. No absentee ballot is permitted.

2.07 Quorum; Required Votes; Approvals
A quorum of the ESC is a majority of the representatives of the Member Agencies of the Organization. If the number of Member Agencies is an even number, a majority is fifty percent of the Member Agencies, plus one. The ESC may not take any substantive action without a majority of the Member Agencies voting to take that action. Action on non-substantive procedural matters may be taken by a majority of a quorum.

Article III – PARTICIPATING PARTNERS, EMPLOYEES AND ADVISORY

COMMITTEES

3.01 Treasurer
The Treasurer of the County of San Mateo shall be the Treasurer of the Organization. The Treasurer shall be the depository, shall have custody of the accounts, funds and money of the Organization from whatever source, and shall have the duties and obligations set forth in the JPA Act.

3.02 Auditor and Financial Accountability
Although the Organization is a JPA the State Controller's Office (SCO) has determined that the Organization meets the criteria of a special district for financial reporting purposes under Government Code section 12463, subdivision (d)(2).

Government Code section 53891 requires the Organization to furnish to the SCO a report of all the financial transactions of the Organization during the preceding fiscal year. The report shall contain underlying data from audited financial statements prepared in accordance with generally accepted accounting principles, if this data is available. The report shall be furnished within seven months after the close of each fiscal year or within the time prescribed by the SCO, whichever is later, and shall be in the form and manner required by the SCO. The Organization shall submit to the SCO information on annual compensation, as described in subdivision (l) of Section 53892, for the previous calendar year no later than April 30th.

Pursuant to Government Code section 12464, if the reports are not completed in the time, form, and manner required or there is reason to believe that a report is false, incomplete, or incorrect, the

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SCO is authorized to proceed with an investigation to obtain the information required. Any costs incurred by the SCO shall be borne by the Organization.

Government Code section 26909 also requires that an audit be completed and filed with the SCO within 12 months after the close of the fiscal year under examination. Unless the ESC votes to appoint an independent auditor, audits will be conducted in accordance with existing County policy, and by the auditor selected by the Office of the County Executive or the Controller. In the event that the ESC selects an independent auditor, the full cost of the audit will be the responsibility of the Organization. The Auditor shall perform the functions of auditor for the Organization and shall make or cause an independent annual audit of the accounts and records of the Organization by a certified public accountant, in compliance with the requirements of applicable laws and generally accepted auditing standards.

3.03 Legal Counsel
The SMC Attorney’s Office shall be the legal counsel for the Organization. To the extent permitted by the JPA Act, the Organization may change, by resolution, the legal counsel to the Organization.

The full cost of outside legal counsel will be the responsibility of the Organization.

3.04 Secretary to the Organization
The DEM shall provide a Secretary and administrative support to the Organization.

3.05 Contractors
The Organization shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary to carry out the purposes of the Organization. The Organization will be responsible for any/all incurred costs.

3.06 Committees
The Organization may form and dissolve Committees as determined by the ESC.

3.07 Department of Emergency Management
The DEM is responsible for the on-going operation of the SMC OA and is also responsible for achieving the purposes of the Organization as follows:
a) Emergency Response Support - coordination and planning during any regional emergency in accordance with adopted emergency plans.
b) Emergency Plans - preparation, development, coordination, and integration of compatible and complimentary unified area-wide emergency plans for approval by the State of California and adoption by the ESC.
c) Communications - coordination, development and maintenance of an area-wide emergency communications systems, including public alert and warning systems, and other situational awareness tools. The DEM may host SMC OA communication infrastructure such as system-wide applications or platforms.
d) Public Education and Information - coordination and support of an area-wide public education and information program.
e) Training and Exercise - coordination and assistance in the training and exercising of all County employees identified as Disaster Service Workers, as defined by Sect. 3100 of the California Government Code and volunteers. The Member Agencies will be responsible for

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the training and exercise of their identified employees; however, the DEM will provide needed support as requested.
f) Grant Program Administration - coordination and assistance with designated emergency coordinators within the OA in the securing and distribution of grant funds for regional emergency management initiatives and program support. The DEM Director will serve as the representative of Member Agencies with various grants and their approval authorities, including the State Homeland Security Program and Bay Area Urban Areas Security Initiative.
g) General Administration - coordination and assistance in the procurement and inventory of emergency equipment, management of, maintenance and distribution of area-wide inventories of vital supplies and equipment.
h) Function as a liaison with Cal OES and FEMA. Assist in providing guidance in recovery efforts.
i) Resource Management – allocation and coordination of resources during local emergencies.

Local governments will request resources through the logistics section at the SMC OA EOC.

The DEM will escalate resource requests to the state if unable to be fulfilled locally. j) Regional Hazardous Material Emergency Response Program – The DEM will oversee the contract for hazardous material response in the SMC OA.

3.08 Staffing Reimbursement
The DEM is staffed by employees of the County of San Mateo. The DEM supports the purposes of the Organization. A portion of the cost of DEM staff is reimbursed by the Organization in an amount determined by the funding allocation in this Agreement.

3.09 Property
If the Organization acquires title to property, the DEM Director will have charge of, handle, or have access to the property of the Organization, and shall file an official bond in an amount to be fixed by the contracting parties, pursuant to Section 6505.1 of the Government Code.

Article IV – BUDGET AND COST-SHARING
In consideration of the mutual promises herein contained, it is hereby agreed that the cost of maintaining the Organization will be shared as described below. a) From the total amount of the annual budget there shall be deducted estimated revenue from federal “matching funds,” state grants, and other revenues. b) The balance of the annual budget remaining after anticipated revenues have been deducted shall be paid as follows:

1. The county shall pay 50% of the remaining balance.

2. The cities shall pay the remaining 50% of the balance, apportioned in accordance with the following formula:
i. One half of said 50% to be apportioned by people units or population. a) Total population of all member cities divided into one-half of the total of the cities’ share of the budget equals a factor in cents. b) Population of each member city times the factor in cents equals the share for each city.
ii. The remaining one-half of said 50% to be apportioned on the basis of assessed valuation as follows:

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a) Total assessed value of real and personal property in all member cities divided into one-half of the total of the city’s share of the budget equals a factor in mils.
b) Assessed value of real and personal property of each member city times the factor in mils equals the share for each city. c) For the purpose of this Agreement the total assessed valuation of real and personal property in all Member Agencies shall be the most recent such total maintained by the offices of the County Assessor.
d) The population figures will be based on the Census and will be updated at a minimum of every ten years.
e) It is understood and agreed that the financial obligations incurred by the Member Agencies under the provisions of this Agreement will be incurred annually, subject to the limitation that the county and cities are financially able to make funds available. f) If the Member Agencies representing 25% or more of the county’s population do not approve the budget in any fiscal year, the proposed budget will be referred back to the DEM Director and the Finance Committee for revision and recommendation. If no resolution can be reached by the committee, the Member Agencies may proceed to adopt budgets that provide those services they deem necessary for adequate emergency services protection as a whole, but any Member Agency shall be financially responsible for that portion of the budget unilaterally adopted. Any Member Agency that does not meet its financial commitment under the adopted budget will lose its voting status and/or other such privileges of membership as determined by the ESC.
g) It is further agreed that any excess in federal or state funds, in any year, shall be reviewed by a finance committee, who will then make a recommendation to the ESC, as to the disposition of the excess funds.
h) With respect any Member Agency that is not a City or the County, the amount to be contributed is determined by a negotiation between those Member Agencies and the DEM Director and must be approved by the ESC. A letter memorializing the agreed contribution will be an attachment to this Agreement.
i) The Finance Committee will be a standing committee of the ESC and is responsible for administrative and financial recommendations to the ESC. The Finance Committee will consist of the following members: SMC Supervisor (Chair of the ESC), Vice Chair, and representatives chosen by the ESC to be limited to five members. j) The Organization shall maintain a minimum of $500,000 in the Trust Fund with a maximum of $1,500,000. This policy can be reviewed and updated with a majority vote from the ESC.

Article V - INSURANCE
a) The County shall add the Organization and ESC to its existing excess liability insurance coverage and shall maintain such coverage in full force and effect during the life of the Agreement. Member Agencies understand that the County is partially self-insured. Unless the Organization decides otherwise, County shall provide for the defense of any claims or litigation within the self-insured retention. Legal representation by the County will ordinarily be provided by the County Attorney.
b) Any out-of-pocket expense or loss, by way of judgment or settlement, arising out of the operation of this Agreement, within the limits of the County’s self-insured retention shall be shared by the parties in accordance with the formula as described in Article IV (b).

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Article VI - EFFECTIVENESS
This Agreement shall be effective upon its execution by all Member Agencies. It is effective as to new Member Agencies upon adoption and approval by the ESC and by the new Member Agency’s governing body. This Agreement shall continue in effect until terminated as provided herein.

Article VII – TERM AND TERMINATION

7.01 Withdrawal by Members
a) Any Member Agency may withdraw from this Agreement by written notice given by such Member Agency to all other Member Agencies, which notice shall be given at least 120 days prior to the commencement of the fiscal year in which it is to take effect. For the purpose of such notice, a fiscal year is defined as July 1 of a calendar year through June 30 of the succeeding calendar year.
b) Any former or prospective Member Agency may enter or re-enter the organization by petition to the ESC by its governing body, and majority approval of the petition by the ESC. Upon approval, the new Member Agency must agree in writing to all terms of this Agreement.
c) Should a Member Agency withdraw less than 120 days prior to the commencement of the fiscal year, the withdrawal will be effective, but that Member Agency will be responsible for its calculated contribution for that year pursuant to Article IV. d) Should a Member Agency give required notice and withdraw from the Agreement, the prior contribution of that Member Agency will be divided equally by formula among the remaining Member Agencies.

7.02 Termination of Organization and Disposition of Surplus Money and Property This Agreement shall terminate effective upon a vote of the ESC, the County and by at least eleven (11) cities representing the majority of the population of the County. In the event that the Organization ceases to exist, surplus funds will be returned consistent with Section 6512 of the Government Code in proportion to the contributions made. The Organization does not intend to acquire title to any property. But in the event that it does, title to all property acquired by the Organization shall be transferred to the County of San Mateo and be used for “County Wide” purposes.

7.03 Amendments
Any proposed Amendments to this Agreement may be recommended by the ESC but must be ratified by each Member Agency’s governing body.

7.04 Bylaws
The ESC may, from time to time, adopt and/or amend Bylaws for the conduct of its affairs; provided the purpose is consistent with this Agreement and/or are necessary and appropriate.

Article VIII - MISCELLANEOUS PROVISIONS

8.01 Notices

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It shall be the responsibility of the County Manager or designee to ensure all notices are provided to Member Agencies and posted in compliance with the legal requirements of the Agreement.

8.02 Severability
If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement were, to any extent, adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

8.03 Supersession
It is mutually understood and agreed by the Member Agencies that this Agreement supersedes the 2014 San Mateo County Operational Area Joint Powers Agreement, any previous agreements on this subject matter and any amendments thereto.

8.04 Assignment
No Member Agency shall assign any rights or obligations under this Agreement without the prior written consent of the ESC.

8.05 Governing Law
This Agreement is made and to be performed in the State of California, and as such, California substantive and procedural law shall apply. Venue for any litigation under this Agreement shall be in the County of San Mateo.

8.06 Headings
The section headings herein are for convenience only and are not to be construed as modifying or governing the language of this Agreement.

8.07 Counterparts
This Agreement may be executed in counterparts, each of which will be deemed an original and all of which shall constitute this Agreement.

8.08 No Third Party Beneficiaries
This Agreement and the obligations hereunder are not intended to benefit any party other than the Authority and its Member Agencies, except as expressly provided otherwise herein. No entity that is not a signatory to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party's performance or non-performance under this Agreement, except as expressly provided otherwise herein.

8.09 Filing of Notice of Agreement
Within 30 days after the Effective Date, the Secretary shall cause to be filed with the Secretary of State the notice of Agreement required by the Act. Within 30 days after any amendment to this Agreement, the Secretary shall file the amendment with the Secretary of State.

8.10 Conflict of Interest Code
The Organization has adopted a conflict of interest code as required by law. Member Agencies understand that representatives and alternate representatives are listed on the Organization’s Conflict

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of Interest Code and will be responsible for filing a Form 700 with the Organization.

8.11 Indemnification
The Organization shall defend, indemnify and hold harmless each Member Agency (and each Member Agency's officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of the Organization or its officers, agents or employees.

Each Member Agency shall defend, indemnify and hold harmless the Organization and the other Member Agencies (and their officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of that party or its officers, agents or employees.

8.12 Dispute Resolution/Legal Proceedings
Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Member Agencies and/or the Organization.

8.13 Authorization to Enter Into Agreement
Each party warrants that the person signing this Agreement on its behalf is authorized to bind that party to this Agreement.

8.14 Confirmation of Jurisdictional Authority
By signing this Agreement, the Member Agencies retain all authority granted to them by the State and/or their respective Charters. The powers and/or authority granted pursuant to this Agreement shall in no way serve to limit or restrict an individual Member Agency’s jurisdictional authority. (SIGNATURES ARE ON FOLLOWING PAGE)

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IN WITNESS WHEREOF, each Member Agency has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, as follows:

Signatories Resolution/Action Number Date of Adoption
Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
Menlo Park
Millbrae
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside
County of San Mateo

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ANNEX A – COMMON TERMINOLOGY
A.01 Terminology Defined
Not all vocabulary of technical terms listed in the Agreement is used in the Agreement. In part, the terms are included as a resource to further clarify terminology utilized in documentation, field operations and/or applicable subject matter.

A.02 All-Hazards: The consideration of the full spectrum of emergencies (natural, technological, or human-caused incidents) that calls for action to protect life, property, and environment. The advantages of adopting an all-hazards approach to prepare for and respond to disasters include comprehensive planning, resource flexibility, coordination among agencies, training, and community engagement to effectively control different types of disasters to reduce or eliminate duplication of effort and cost.

A.03 California Governor’s Office of Emergency Services (Cal OES): State-level organization that functions as the central command center during major emergencies and disasters in California.

Cal OES oversees the response, direction, and coordination of state and federal resources, as well as mutual aid assets, to support diverse communities in the state.

A.04 Catastrophe: Any incident, natural or human-caused, with consequences of high rates of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, national morale, and/or government functions. A catastrophic event could result in sustained impacts over a prolonged period, exceed resources normally available in the impacted area, and significantly interrupt governmental operations and emergency services to such an extent that national security could be threatened.

A.05 Community Emergency Response Team (CERT): Community-level organizations of volunteer emergency workers who can provide immediate assistance to supplement the efforts of professional responders in the event of a major disaster. CERT programs train volunteers in disaster preparedness and basic disaster response skills during disaster situations so professional responders can prioritize and allocate resources to more complex tasks. Local CERT programs are supported by the Federal Emergency Management Agency (FEMA), as well as the California Governor’s Office of Emergency Services (Cal OES).

A.06 Command: The act or directing and or controlling by virtue of explicit legal, agency or delegated authority. The term “Command” may also refer to the Incident Commander.

A.07 Emergency: Any incident, natural, technological, or human-caused, that requires responsive action to protect life, property, and environment. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), an emergency means any occasion or instance for which, in the determination of the President, federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety or to lessen or avert the threat of a catastrophe in any part of the United States.

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Attachment: Attachment A: Amended Joint Exercise Powers of Agreement with the San Mateo Operational Area Emergency Services September 19, 2024 13
A.08 Emergency Management: A subset of incident management, the coordination and integration of all activities necessary to build, sustain and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of terrorism or other human-caused disasters.

A.09 Emergency Operations Center (EOC): The physical location at which the coordination of information and resources to support incident management activities normally takes place. An EOC may be a temporary facility or maybe in a more central or permanently established facility, such as at a higher level of organization within a jurisdiction.

A.10 Federal Emergency Management Agency (FEMA): Federal-level organization that coordinates the federal government's response to major disasters and emergencies, providing support and resources to state and local authorities. Its role includes managing disaster relief efforts, facilitating recovery operations, and helping communities prepare for future incidents.

A.11 Incident: An occurrence or event, natural or human-caused, which requires a response to protect life or property. Incidents can, for example, include major disasters, emergencies, terrorist attacks, terrorist threats, civil unrest, wildland and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, hurricanes, tornadoes, tropical storms, tsunamis, war-related disasters, public health and medical emergencies, and other occurrences requiring an emergency response.

A.12 Incident Command System (ICS): A standardized on-scene emergency management construct specifically designed to provide for the adoption of an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. It is used for all kinds of emergencies and can be applied to small as well as large and complex incidents.

A.13 Local Emergency: The duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and/or property within territorial limits of a county, city and county, or city caused by such conditions as fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, tsunami or other conditions which are likely to be beyond the control of the services, personnel, equipment and facilities of that local political subdivision to combat.

A.14 Local Government: A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under state law;) regional or interstate government entity or agency or instrumentality of a local government; an Indian tribe or authorized tribal entity, or in Alaska a Native Village or Alaska Regional Native Corporation; a rural community, unincorporated town or village or other public entity. See Section 2 (10), Homeland Security Act of 2002, P.L. 107−296, 116 Stat. 2135 (2002).

A.15 Mitigation: Activities providing a critical foundation in the effort to reduce the loss of life

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Attachment: Attachment A: Amended Joint Exercise Powers of Agreement with the San Mateo Operational Area Emergency Services September 19, 2024 14
and/or property from natural and/or human-caused disasters by avoiding or lessening the impact of a disaster and providing value to the public by creating safer communities. Mitigation seeks to fix the cycle of disaster damage, reconstruction, and repeated damage. These activities or actions, in most cases, will have a long-term sustained effect.

A.16 National Incident Management System (NIMS): A system that provides a proactive approach guiding government agencies at all levels, the private sector and nongovernmental organizations to work seamlessly to prepare for, prevent, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location or complexity, to reduce the loss of life or property and harm to the environment.

A.17 National Response Framework: Document that establishes a comprehensive, national, allhazards approach to domestic incident response. It serves as a guide to enable responders at all levels of government and beyond to provide a unified national response to a disaster. It defines the key principles, roles, and structures that organize the way U.S. jurisdictions plan and respond.

A.18 Operational Area (OA): An intermediate level of the state emergency services organization, consisting of SMC and all political subdivisions within the county area. In a state of emergency, the OA shall serve as a link in the system of communications and coordination between the political subdivisions comprising the OA and the Regional Emergency Operations Center (REOC) or State Operations Center (SOC). The SMC OA mirrors the County’s geographic boundaries.

A.19 Preparedness: Actions that involve a combination of planning, resources, training, as well as exercising and organizing to build, sustain, and improve operational capabilities. Preparedness is the process of identifying the personnel, training, and equipment needed for a wide range of potential incidents, and developing jurisdiction-specific plans for delivering capabilities when needed for an incident.

A.20 Recovery: The development, coordination, and execution of service- and site-restoration plans; the reconstitution of government operations and services; individual, private-sector, nongovernmental and public-assistance programs to provide housing and to promote restoration; long-term care and treatment of affected persons; additional measures for social, political, environmental and economic restoration; evaluation of the incident to identify lessons learned; and post-incident reporting and development of initiatives to mitigate the effects of future incident.

A.21 Resources: Personnel and major items of equipment, supplies, and facilities available or potentially available for assignment to incident operations and for which status is maintained. Under the NIMS, resources are described by kind and type and may be used in operational support or supervisory capacities at an incident or an EOC.

A.22 Response: Immediate actions to save and sustain lives, protect property and the environment, and meet basic human needs. Response also includes the execution of plans and actions to support short-term recovery.

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Attachment: Attachment A: Amended Joint Exercise Powers of Agreement with the San Mateo Operational Area Emergency Services September 19, 2024 15
A.23 Standardized Emergency Management System (SEMS): The cornerstone of California’s emergency response system and the fundamental structure for the response phase of emergency management. SEMS is required by the California Emergency Services Act (ESA) for managing multiagency and multijurisdictional responses to emergencies in California. The system unifies all elements of California’s emergency management community into a single integrated system and standardizes key elements. SEMS incorporates the use of the ICS, California Disaster and Civil Defense Master Mutual Aid Agreement (MMAA), the OA concept, and multiagency or inter-agency coordination. State agencies and local governments are required to use SEMS to be eligible for any reimbursement of response-related costs under the state’s disaster assistance program.

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Attachment: Attachment A: Amended Joint Exercise Powers of Agreement with the San Mateo Operational Area Emergency Services

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/27/2025
1 SUBJECT:

Peninsula Clean Energy Solar Photovoltaic System Procurement RECOMMENDED ACTION:

Adopt a Resolution authorizing the City Council of the City of Pacifica Approving the Power Purchase Agreement (PPA) to install a Solar Photovoltaic System (Solar PV System) at the Pacifica Civic Center Community Development and Engineering (CDE) building and new carport structure with Peninsula Clean Energy and authorize the City Manager to execute all documents related to the project.

STAFF CONTACT:

Roland Yip, DPW Deputy Director
(650) 738-3771
[email protected]
John Mullins, Interim DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

At a January 10, 2022 City Council Study Session, the City Council provided the City Manager with direction regarding the City’s participation in Peninsula Clean Energy’s (PCE) public facility solar and battery storage procurement process. PCE has collaborated with its Joint Power Authority (JPA) members, including the City of Pacifica, to identify candidate critical facilities and develop Solar PV System designs for these sites. At its expense, PCE engaged an established independent engineering firm via competitive solicitation and, working with City staff, determined the feasibility of a Solar PV System for the Pacifica Civic Center CDE building and a new carport structure. In addition, PCE’s structural engineering consultant has analyzed the existing roof and has determined it would be able to carry the additional load of the PV system.

PCE is a Community Choice Aggregation agency and is the official electricity provider for San Mateo County. As a community-led, not-for-profit agency, PCE makes significant investments in its communities to expand access to sustainable and affordable energy solutions. PCE has piloted an aggregate procurement model for public facilities to help reduce the costs and complexities for its public partners. PCE will manage the procurement process, financing, installation, operations, and maintenance with no upfront cost to the City. The City previously participated with the Community Center PV system and intends to participate with additional facilities in subsequent rounds.

PCE will install a 100.6 kilowatt of direct current (kWdc) system at the Civic Center CDE building roof and parking lot carport module as part of the PPA. The City will be charged a flat rate of $0.244 per kilowatt- hour (kWh) for the next 20 years, resulting in projected savings of $429,000 in that timeframe. The PPA rate is “at cost” by PCE to cover equipment and installation with a 3 Packet Pg. 40
Pacifica City Council 2
January 27, 2025
small fee per kWh to cover their expenses. The PPA rate is a rate lower than the current and estimated future price per kWh the City would pay for that same energy from the utility companies. PCE will maintain full transparency with the City about all salient aspects of the project’s financials. The preliminary site layout and financial savings is provided in Attachment 1.

ANALYSIS:

Solar PV Systems provide carbon-free renewable electricity to buildings and can meaningfully reduce electric bills.

The benefits of this project include:
• PCE will merge and coordinate the installation of the Solar PV System project with the EV Charging Station project;
• PCE has evaluated facilities with its engineering services partner and determined a feasible design for a Solar PV System;
• PCE performed an independent engineering assessment of the Civic Center CDE building roof to confirm structural ability to support Solar PV equipment; • The City will obtain financial and environmental benefits of a Solar PV System with no upfront costs and without incurring the staff time, cost, and complexity of conducting its own solicitation for design and structural assessment, hiring, and managing consultants, and overseeing construction and maintenance; • PCE will execute all aspects of the procurement process; • PCE will administer the construction and maintenance of the Solar PV System; • The City will create local, renewable energy to advance its sustainability goals; • The City will hedge against rising utility rates, which over the course of a 20+ year system life is expected to be significant.

The California Public Utilities Commission (CPUC) approved NEM 3.0, also known as the Solar Billing Plan, a new version of the net energy metering policy that took effect on April 15, 2023 and changes the Net Energy Metering (NEM) tariffs governing solar PV resources. NEM 3.0 is less advantageous for solar and negatively affects project economics. In the past, projects that had reached a defined stage were grandfathered in the previous tariff. If approved, this PPA will be grandfathered under NEM 2.0, the previous tariff policy. As such, it is important to deploy projects as soon as possible. If the deployment of Solar PV Systems from this procurement do not provide a net benefit to the City, PCE would have the right to terminate this program at no cost or obligation to the City.

This project is consistent with general climate action goals for City operations and demonstrates environmental leadership and sustainable development by the City, saves money, promotes green jobs, and complies with state environmental initiatives. Although the Climate Action and Adaptation Task Force is still working on the City’s new Climate Action and Adaptation Plan, this project is likely to help fulfill goals of that plan.

At the January 10, 2022 Study Session, a question was asked if the Solar PV System’s performance would degrade over time due to proximity to the ocean. Solar PV Systems are maintenance free for the first 20-25 years. The inverters of the system last as long as the panels. The Pacifica Wastewater Treatment plant, which is close to the ocean, has an array of PV panels which offsets the electrical usage by up to 18%. Staff found that there was no appreciable degradation of the panel equipment or electrical output due to ocean proximity based on visual assessment and review of performance following panel cleaning.

If the City Council is supportive of moving forward with the Solar PV System, the City Manager 3 Packet Pg. 41
Pacifica City Council 3
January 27, 2025
recommends adopting the attached resolution to pursue a PPA with PCE to participate in PCE’s public facility solar procurement process.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

The installation of a Solar PV System is consistent with the following Council adopted Goals:
• Enhance organizational and fiscal stability: Installation of a Solar PV System would promote economic sustainability.
• Pursue climate change adaptation and mitigation: This project would promote energy efficiency and renewable energy and is likely consistent with and is consistent with the City’s forthcoming new Climate Action and Adaptation Plan.

FISCAL IMPACT:

There is no expected upfront cost to the City for the project. The Solar PV System is expected to provide cost savings which are likely to grow over time due to avoided increases in utility costs. Current utility costs are expected to rise as much as 5% or more per year according to proposals by Pacific Gas & Electric at the California Public Utilities Commission.

The Solar PV Systems would be financed through a Power Purchase Agreement (PPA) with PCE. With a PPA model, PCE will arrange for the installation, operations and maintenance of the Solar PV System, and the City would pay an agreed upon price of $0.244 per kWh for power generated throughout the system’s life. The PPA will be provided “at cost” by PCE to cover equipment and installation with a small fee per kWh to cover their expenses.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

PCE PPA CIVIC CENTER Attachment 1 Financial Savings (PDF) PCE PPA CIVIC CENTER Attachment 2 PPA (PDF)
3 Packet Pg. 42
Pacifica City Council 4
January 27, 2025
RESOLUTION NO. _____

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

POWER PURCHASE AGREEMENT TO INSTALL A SOLAR PHOTOVOLTAIC SYSTEM AT

THE PACIFICA CIVIC CENTER COMMUNITY DEVELOPMENT AND ENGINEERING

BUILDING AND NEW CARPORT STRUCTURE WITH PENINSULA CLEAN ENERGY AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO THE

PROJECT
WHEREAS, the City Council of the City of Pacifica has demonstrated its commitment to a sustainable and resilient future through its policy goals and actions, including energy reduction, clean energy programs, and the expansion of local renewable power supply; and WHEREAS, this project is consistent with general climate action goals for City operations and demonstrates environmental leadership and sustainable development by the City, saves money, promotes green jobs, and complies with state environmental initiatives; and WHEREAS, a Community Choice Aggregation program is a mechanism by which local governments assume responsibility for providing electrical power for residential and commercial customers in their jurisdiction in partnership with local commercial energy purveyors and owners of transmission and distribution facilities, which in the case of San Mateo County is Pacific Gas & Electric Co.;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that the City Manager of the City of Pacifica is authorized to execute the Power Purchase Agreement with Peninsula Clean Energy to install a Solar Photovoltaic System at the Pacifica Civic Center Community Development and Engineering building. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 27th day of January, 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
___________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
____________________ ________________________
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 3 Packet Pg. 43
Peninsula Clean Energy
Financial Savings for Pacifica
17 Site Pacifica Civic Center
(1810 Francisco Blvd.)
System Size (kWdc)
100.6 kWdc
Current PG&E
Rate (blended) $0.27/kWh
PPA Rate $0.244/kWh
Estimated 20-year
savings (simple) $429,000
ATTACHMENT 1 3.a
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Attachment: PCE PPA CIVIC CENTER Attachment 1 Financial Savings (5841 : Peninsula Solar Power Purchase Agreement
This Solar Power Purchase Agreement (this “Agreement”) is entered into by the parties listed below (each a “Party” and collectively the “Parties”) as of _______________________, 2024 (the “Effective Date”).

Purchaser: Seller:

Name
and
Address
City of Pacifica
540 Crespi Drive
Pacifica, CA 94044
Attention: John Mullins, Public Works
Director
Name
and
Address
Peninsula Clean Energy Authority
2075 Woodside Rd.

Redwood City, CA 94061
Attention: Rafael Reyes, Director
of Programs
Phone (650) 738-3767 Phone (650) 260-0087
E-mail [email protected] E-mail [email protected] Premises
Ownership Purchaser owns the Premises.

Tax Status System Owner
Project Name Pacifica Civic Center
This Agreement sets forth the terms and conditions of the purchase and sale of solar generated electricity from the solar panel system described in Exhibit 2 (the “System”) and installed on the real property comprising Purchaser’s premises described or depicted in Schedule A to Exhibit 2 (the “Premises”), including any buildings and other improvements on the Premises other than the System (the “Improvements”).

The System shall initially be owned by Seller. “System Owner” means Seller or a subsequent owner of the System in the event that Seller transfers title to the System.

The exhibits listed below are incorporated by reference and made part of this Agreement.

Exhibit 1 Pricing
Exhibit 2 System Description, Delivery Point and Premises Exhibit 3 General Terms and Conditions
Exhibit 4 Performance Guaranty
Purchaser: City of Pacifica Seller: Peninsula Clean Energy Authority Signature: Signature:

Printed Name: Printed Name: Shawn Marshall
Title: Title: Chief Executive Officer
Date: Date:

ATTACHMENT 2

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Attachment: PCE PPA CIVIC CENTER Attachment 2 PPA [Revision 1] (5841 : Peninsula Clean Energy Solar Photovoltaic System Procurement) Exh. 1, p. 1
Exhibit 1
Pricing

1. Initial Term: Twenty (20) years, beginning on the date that Commercial Operation is achieved (such date, the “Commercial Operation Date” and such term, the “Initial Term”). “Commercial Operation” means that the System is mechanically complete, commences regular, daily operation, complies with all applicable law, has undergone successful system testing, is providing electricity to the Delivery Point at the System Size specified in Exhibit 2 and has obtained all necessary Approvals (as defined in Section 5(b) of Exhibit 3), including permission to operate from the Utility and Seller.

2. Additional Terms: Upon mutual written agreement, the Parties may extend the Initial Term for up to two (2) additional terms of up to five (5) years each beginning on the expiration of the Initial Term or on the expiration of the first Additional Term, as applicable (each, an “Additional Term”).

3. Contract Price: $0.244 per kilowatt-hour (“kWh”) AC at the Delivery Point specified in Exhibit 2.

4. Contract Price Assumptions. The Contract Price is based on the following assumptions:
a. Statutory prevailing wage rates (e.g., Davis-Bacon) do apply. b. A Performance Guaranty is being provided.

5. Contract Price Exclusions. Unless Seller and Purchaser have agreed otherwise in writing, and except as otherwise provided in Section 2(c) of Exhibit 3, the Contract Price excludes the following:
a. Groundwork (including excavation and circumvention of underground obstacles) that is unforeseen despite reasonable efforts to assess existing site conditions. Upgrades or repair to Purchaser or Utility electrical infrastructure (including Purchaser or Utility service, transformers, substations, poles, breakers, reclosers, and disconnects). “Utility” means the electric distribution utility serving Purchaser.
b. Tree removal, tree trimming, mowing and any landscape improvements. c. Decorative fencing and/or any visual screening materials, decorative enhancements to solar support structures (including painting, paint matching, masonry/stone work, and any lighting not required to meet the minimum code compliance). d. Removal of existing lighting, light poles, or concrete light post bases. e. Roof membrane maintenance or reroofing work.
f. Structural upgrades to the Improvements, including Americans with Disabilities Act (“ADA”) upgrades. g. Installation of public information screen or kiosk (including accompanying Internet connection, power supply, technical support and ADA access).
h. Changes in System design caused by any inaccuracy in information provided by Purchaser, including information regarding Purchaser’s energy use, the Premises and the Improvements, including building plans and specifications.

If such excluded costs will result in an increase to the Contract Price, Seller shall deliver notice to Purchaser of such increase to the Contract Price not less than sixty (60) days prior to commencement of the installation of the System (“Commencement of Installation” and such notice, the “Excluded Costs Notice”). If excluded costs will result in an increase to the Contract Price such that the revised Contract Price would increase by no more than five percent (5%), Purchaser shall be responsible for such increased Contract Price and the Contract Price shall be amended to reflect the new Contract Price included in the Excluded Costs Notice. If such excluded costs will result in an increase to the Contract Price, such that the revised Contract Price would increase by more than five percent (5%), Purchaser shall have a right to terminate this Agreement without penalty by providing notice of such termination within thirty (30) days of delivery of the Excluded Costs Notice.

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Attachment: PCE PPA CIVIC CENTER Attachment 2 PPA [Revision 1] (5841 : Peninsula Clean Energy Solar Photovoltaic System Procurement) Exh. 1, p. 2

6. Termination Payment Schedule:

Contract Year Termination Payment ($)
1 $566,563
2 $542,085
3 $517,651
4 $493,261
5 $468,918
6 $444,621
7 $420,374
8 $396,176
9 $372,031
10 $347,938
11 $323,901
12 $299,920
13 $275,997
14 $252,134
15 $228,333
16 $204,596
17 $180,924
18 $157,319
19 $133,785
20 $110,321
“Contract Year” means the year commencing on the Commercial Operation Date and each subsequent year commencing on the anniversary of the Commercial Operation Date.

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Attachment: PCE PPA CIVIC CENTER Attachment 2 PPA [Revision 1] (5841 : Peninsula Clean Energy Solar Photovoltaic System Procurement) Exhibit 2
System Description, Delivery Point and Premises

1. System Location: 1810 Francisco Blvd, Pacifica, CA 94044

2. System Size (DC kW): 100.66 (AC kW): 100.0

3. System Description (Expected Structure, etc.): roof-mount and caport

4. Delivery Point and Premises: Schedule A to this Exhibit 2 contains one or more drawings or images depicting:
a. Premises, including the Improvements (as applicable); b. Proposed System location at the Premises;
c. Delivery point for electricity generated by the System (the “Delivery Point”); d. Access points needed for Seller to cause the System to be installed and serviced (building access, electrical room, stairs, etc.); and
e. Construction assumptions (if any).

Schedule A

1. Physical building address: 1810 Francisco Blvd, Pacifica, CA 94044

2. Number of Stories: 1

3. Total Square Footage: 5678 sqft

4. Year Built: 2024

5. Year of any mechanical/electrical updates: 2024

6. Type of Construction, (example; wood frame, masonry, steel): Wood-frame

7. Description/ Type of roof structure/system: flat/TPO

8. Confirm whether the building is sprinklered: No

9. Describe any additional security measures, (example: video surveillance, etc.): Security Cameras- interior and exterior with motion and heat sensing technology. Card readers – security access.

A Site Plan and Single Line Diagram are attached at the end of this Schedule A labeled “Attachment 1 to Schedule A of Exhibit 2”.

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Attachment: PCE PPA CIVIC CENTER Attachment 2 PPA [Revision 1] (5841 : Peninsula Clean Energy Solar Photovoltaic System Procurement) Attachment 1 to Schedule A of Exhibit 2 [attachment follows]

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Attachment: PCE PPA CIVIC CENTER Attachment 2 PPA [Revision 1] (5841 : Peninsula Clean Energy Solar Photovoltaic System Procurement) Scale
Project numberDateDrawn byChecked by

)ROVRP6W6DQ)UDQFLVFR&$

7 )

0F0LOODQ&RFRP /LFHQFH
&
SHEET NOTES:PROJECT:PROJECT DETAILS:

As indicated
4/4/2024 3:00:59 PM E3.0.1

BLOCK DIAGRAM & EQUIPMENTSPECS
Project Number
Issue Date
Author
Checker
1810 FRANCISCO BLVD
PACIFICA, CA 94044
AHJ: PACIFICA, CITY OF
No. Description Date
100.66 kWstc, 100.00 kW AC

PACIFICA CIVIC CENTER

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Attachment: PCE PPA CIVIC CENTER Attachment 2 PPA [Revision 1] (5841 : Peninsula Clean Energy 175A/3P
175A/3P
800A/3P
(N) PV ARRAY
SEE ARRAY CONFIG TABLENOTE: ALL ROOFTOPMODULES EQUIPPED WITHRAPID SHUTDOWN DEVICES (N) AC COMBINER PANEL240 VAC (MIN.)
A (MIN.)
400A/3P
(N) AC DISCONNECTSQUARE D XXXXXXX(OR EQUIV.)240 VAC, 400 AUSABLE FOR USE AS SERVICE EQUIPMENT (E) MAIN SWITCHBOARD120/208 VAC, 800A
(E) UTILITY METER

TO UTILITY GRID
POINT OF INTERCONNECTION(N) LINE SIDE TAPPER NEC 705.11 (N) INVERTER #1SOLAREDGE SE50KUSOUTPUT: 50kW, 208 VAC WYE, 139.5A97% CEC-WEIGHTED EFFICIENCYNEMA 3R, UL LISTED, INTERNAL GFDI & AFCIUNDERGROUNDED, TRANSFORMERLESSEQUIPPED WITH RAPID SHUTDOWN(N) INVERTER #2SOLAREDGE SE50KUSOUTPUT: 50kW, 208 VAC WYE, 139.5A97% CEC-WEIGHTED EFFICIENCYNEMA 3R, UL LISTED, INTERNAL GFDI & AFCIUNDERGROUNDED, TRANSFORMERLESSEQUIPPED WITH RAPID SHUTDOWN ScaleProject numberDateDrawn byChecked by

)ROVRP6W6DQ)UDQFLVFR&$

7 )

0F0LOODQ&RFRP /LFHQFH
&
SHEET NOTES:PROJECT:PROJECT DETAILS:

As indicated
4/4/2024 3:00:59 PM E3.0.1

BLOCK DIAGRAM & EQUIPMENTSPECS
Project Number
Issue Date
Author
Checker
1810 FRANCISCO BLVD
PACIFICA, CA 94044
AHJ: PACIFICA, CITY OF
No. Description Date
100.66 kWstc, 100.00 kW AC

PACIFICA CIVIC CENTER
400

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Attachment: PCE PPA CIVIC CENTER Attachment 2 PPA [Revision 1] (5841 : Peninsula Clean Energy Exhibit 3
General Terms and Conditions
Exhibit 3 Table of Contents

1. PURCHASE AND SALE OF ELECTRICITY .................................................................................................................. 1

2. TERM AND TERMINATION ............................................................................................................................................ 1

3. BILLING AND PAYMENT; TAXES................................................................................................................................. 1

4. RECS AND INCENTIVES .................................................................................................................................................. 2

5. PROJECT COMPLETION ................................................................................................................................................. 3

6. INSTALLATION, OPERATION AND MAINTENANCE............................................................................................... 4

7. MISCELLANEOUS RIGHTS AND OBLIGATIONS OF THE PARTIES.................................................................... 5

8. RELOCATION OF SYSTEM ............................................................................................................................................. 6

9. REMOVAL OF SYSTEM UPON TERMINATION OR EXPIRATION........................................................................ 6

10. MEASUREMENT ................................................................................................................................................................ 7

11. DEFAULT, REMEDIES AND DAMAGES....................................................................................................................... 7

12. REPRESENTATIONS AND WARRANTIES................................................................................................................. 10

13. INSURANCE ...................................................................................................................................................................... 11

14. OWNERSHIP; OPTION TO PURCHASE...................................................................................................................... 11

15. INDEMNIFICATION AND LIMITATIONS OF LIABILITY...................................................................................... 12

16. CHANGE IN LAW............................................................................................................................................................. 14

17. ASSIGNMENT AND FINANCING.................................................................................................................................. 14

18. CONFIDENTIALITY........................................................................................................................................................ 15

19. GENERAL PROVISIONS................................................................................................................................................. 16

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Attachment: PCE PPA CIVIC CENTER Attachment 2 PPA [Revision 1] (5841 : Peninsula Clean Energy Solar Photovoltaic System Procurement) Exh. 3, p. 1
Exhibit 3
General Terms and Conditions

1. Purchase and Sale of Electricity. Subject to the terms and conditions of this Agreement, Purchaser shall purchase from Seller, and Seller shall sell to Purchaser, all of the electricity generated by the System during the Term (as defined in Section 2(a)).

Electricity generated by the System shall be delivered to Purchaser at the Delivery Point. Title to and risk of loss for the electricity generated by the System passes to Purchaser from Seller at the Delivery Point. Seller warrants that it will deliver the electricity to Purchaser at the Delivery Point free and clear of all liens, security interests, claims, and other encumbrances.

2. Term and Termination.
a. Effective Date; Term. This Agreement is effective as of the Effective Date. The electricity supply period under this Agreement commences on the Commercial Operation Date (as defined in Section 1 of Exhibit 1) and continues for the duration of the Initial Term and any Additional Terms, unless earlier terminated as provided for in this Agreement (collectively, the “Term”).
b. Additional Terms. The Parties may agree in writing to extend this Agreement for up to two (2) Additional Terms at a Contract Price to be negotiated by the Parties prior to the expiration of the Initial Term or the first Additional Term, as applicable.
c. Termination Due to Contract Price Adjustments or Lack of Project Viability. If, at any time after the Effective Date and prior to Commencement of Installation, (i) Purchaser terminates this Agreement pursuant to Section 5 of Exhibit 1, or (ii) Seller determines that the installation of the System will not be viable for any reason, then either Party may terminate this Agreement by providing ten (10) days’ prior written notice to the other Party. Neither Party shall be liable for any damages in connection with such termination. After Commencement of Installation, the Contract Price shall not be subject to further adjustment pursuant to Section 5 of Exhibit 1 or otherwise. d. Termination by Purchaser for Delay. If Commencement of Installation has not occurred within three hundred and sixty-five (365) days after the Effective Date, Purchaser may terminate this Agreement by providing thirty (30) days’ prior written notice to Seller; provided that this Agreement will not terminate pursuant to this Section 2(d) if Seller causes to be achieved Commencement of Installation on or before the end of such thirty (30) day notice period or if Commencement of Installation is delayed due to a Force Majeure Event. Purchaser shall not be liable for any damages in connection with such termination. For the avoidance of doubt, such event shall not be deemed a Default Event by Seller and Purchaser’s only remedy shall be the reimbursement by Seller of direct costs reasonably incurred by Purchaser by reason of the termination.

3. Billing and Payment; Taxes.
a. Monthly Charges. Purchaser shall pay Seller monthly for the electricity generated by the System and delivered to the Delivery Point at the $/kWh rate shown in Exhibit 1 as adjusted by Section 5 of Exhibit 1, if applicable (the “Contract Price”). The monthly payment for such energy will be equal to the applicable $/kWh rate multiplied by the number of kWh of electricity generated during the applicable month, as measured by the Meter (as defined in Section 10).

Additional costs for items differing from the assumptions in Exhibit 1, Section 4 are Purchaser’s responsibility. b. Monthly Invoices. Seller shall invoice Purchaser monthly for amounts owed by Purchaser hereunder. Such monthly invoices shall state (i) the amount of electricity produced by the System and delivered to the Delivery Point, (ii) the rates applicable to, and charges incurred by, Purchaser under this Agreement, and (iii) the total amount due from Purchaser.
c. Payment Terms. All amounts due under this Agreement are due and payable within thirty (30) days following receipt of invoice. Any undisputed portion of the invoice amount not paid within such thirty (30) day period shall accrue interest at the annual rate of two and one-half percent (2.5%) above the Prime Rate (but not to exceed the maximum rate permitted by law). All payments shall be made in U.S. dollars. “Prime Rate” shall mean the annual prime rate of interest published in the Wall Street Journal for the applicable period during which interest is incurred pursuant to the terms of the Agreement.

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d. Taxes.
i. Purchaser’s Taxes. Purchaser is responsible for: (A) payment of, or reimbursement of Seller for, all taxes assessed on the generation, sale, delivery or consumption of electricity produced by the System or the interconnection of the System to the Utility’s electricity distribution system; (B) real property taxes; and (C) any sales or use taxes as a result of exercising the options to purchase the System in Section 14(b). ii. Seller’s Taxes. Seller is responsible for: (A) payment of income taxes or similar taxes imposed on Seller’s revenues due to the sale of electricity under this Agreement; and (B) personal property taxes imposed on the System (“Seller’s Taxes”).
e. Budgeting for Contract Price. Upon execution of this Agreement and prior to the commencement of each subsequent budgetary cycle of Purchaser during the Initial Term (and Additional Term, if any), Purchaser shall take all necessary action to obtain all necessary budgetary approvals and certifications for payment of all of its obligations under this Agreement for such budgetary cycle, including, but not limited to including the maximum amount of its annual payment obligations under this Agreement in its budget submitted to Purchaser’s City Council for each year of that budget cycle.

4. RECs and Incentives.
a. Definitions.
“Governmental Authority” means any foreign, federal, state, local or other governmental, regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, court, tribunal, arbitrating body or other governmental authority having jurisdiction or effective control over a Party. “Incentives” means (i) a payment paid by a utility or state or local Governmental Authority based in whole or in part on the cost or size of the System such as a rebate, (ii) a performance-based incentive paid as a stream of periodic payments by a utility, state or Governmental Authority based on the production of the System, (iii) investment tax credits, production tax credits, and similar tax credits, grants or other tax benefits under federal, state or local law, including, but not limited to, the election to receive a payment with respect to investment tax credits or production tax credits pursuant to Code Section 6417, and (iv) any other attributes, commodity, revenue stream or payment in connection with the System (such as ancillary or capacity revenue), in each case of (i) through (iv) relating to the construction, ownership, use or production of energy from the System, provided that Incentives shall not include RECs. “REC” means a renewable energy credit or certificate under any state renewable portfolio, standard or federal renewable energy standard, voluntary renewable energy credit certified by a non-governmental organization, pollution allowance, carbon credit and any similar environmental allowance or credit and green tag or other reporting right under Section 1605(b) of The Energy Policy Act of 1992 and any present or future federal, state, or local law, regulation or bill, and international or foreign emissions trading program, in each case relating to the construction, ownership, use or production of energy from the System, provided that RECs shall not include Incentives. b. RECs. The Parties hereby agree that Seller is entitled to the benefit of, and will retain all ownership interests in, the RECs. Seller shall not sell, assign or otherwise transfer the RECs to a third party. If necessary, Purchaser shall cooperate with Seller in obtaining, securing and transferring any and all RECs. Purchaser is not obligated to incur any out-ofpocket costs or expenses in connection with such actions unless reimbursed by Seller. Purchaser shall not make any filing or statements inconsistent with Seller’s ownership interests in the RECs, nor shall Purchaser attempt to sell, assign or transfer such RECs. If any RECs are delivered directly to Purchaser, Purchaser shall immediately deliver such items or amounts to Seller.
c. Incentives. The Parties hereby agree that Seller or a subsequent System Owner, if applicable, and not Purchaser, is entitled to the benefit of, and will retain all ownership interests in, the Incentives. If necessary, Purchaser shall cooperate with Seller and any such third-party System Owner in obtaining, securing and transferring any and all Incentives, including cooperating, as requested by Seller, with respect to any challenges as to Seller obtaining any portion or amount of the Incentives. Without limiting the foregoing, Purchaser acknowledges that Seller intends to qualify for the elective payment incentive (the “Elective Pay Incentive”) and make the elective payment election in Section 6417 of the Internal Revenue Code of 1986, as amended (the “Code”) with respect to the federal income tax credits (the “Applicable Credits”) under either Code Sections 45 or 48. Purchaser agrees to cooperate with Seller to the extent requested by Seller, so that Seller can (i) qualify for the Applicable Credits in the context of the Elective Pay Incentive, (ii) make the elective payment election and obtain a payment of applicable proceeds with respect to the Elective Pay Incentive, (iii) avoid a disallowance, recapture, or reduction of the proceeds with respect to the Elective Pay Incentive,

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and (iv) prevent an excessive payment as set forth in Code Section 6417(d)(6). Purchaser is not obligated to incur any out-of-pocket costs or expenses in connection with such actions unless reimbursed by Seller or any such System Owner.

Purchaser shall not make any filing or statements inconsistent with Seller’s or System Owner’s ownership interests in the Incentives, nor shall Purchaser attempt to sell, assign or transfer such Incentives. If any Incentives are delivered directly to Purchaser, Purchaser shall immediately deliver such items or amounts to Seller.

5. Project Completion.
a. Project Development. Seller shall use reasonable efforts to pursue or cause to be pursued the development and installation of the System, subject to Section 2(c) and the remaining provisions of this Section 5. b. Permits and Approvals. Seller shall use reasonable efforts to cause to be obtained the following at its sole cost and expense (each, an “Approval”):
i. any zoning, land use and building permits required for Seller to cause the System to be constructed, installed and operated; and
ii. any agreements and approvals from the Utility necessary in order to interconnect the System to the Utility’s electric distribution system.

Purchaser shall reasonably cooperate with Seller’s reasonable requests to assist Seller in expeditiously obtaining such Approvals, including, without limitation, the execution of documents required to be provided by Purchaser to the Utility. The Parties acknowledge and agree that Purchaser does not have authority or jurisdiction over any other public agency’s ability to grant Approvals or ability to impose limitations that may affect the System, provided, that such acknowledgment and agreement does not apply to joint powers authorities or related agencies over which Purchaser asserts authority. c. Force Majeure.
i. Force Majeure Event. If either Party is unable to timely perform any of its obligations (other than payment obligations) under this Agreement in whole or in part due to a Force Majeure Event, that Party will be excused from performing such obligations for the duration of the time that such Party remains affected by the Force Majeure Event; provided, that such Party uses reasonable efforts to mitigate the impact of the Force Majeure Event and resumes performance of its affected obligations as soon as reasonably practical. The Party affected by the Force Majeure Event shall notify the other Party as soon as reasonably practical after the affected Party becomes aware that it is or will be affected by a Force Majeure Event. If the Force Majeure Event occurs during the Term and impacts the ability of the System to deliver electricity to the Delivery Point, the Term will be extended day for day for each day delivery is suspended due to the Force Majeure Event, up to a maximum of two (2) years.
ii. Extended Force Majeure. If a Force Majeure Event notified by either Party under paragraph (i) above continues for a consecutive period of three hundred sixty-five (365) days or more, then either Party may elect to terminate this Agreement without either Party having further liability under this Agreement except: (A) liabilities accrued prior to termination, (B) Seller’s obligation to cause the System to be removed as required under Section 9 (but Purchaser shall reimburse Seller for Seller’s removal costs if the Force Majeure Event affects Purchaser and Purchaser elects to terminate the Agreement) and (C) if Purchaser elects to terminate the Agreement in accordance with this Section, Purchaser shall pay Seller a termination payment equal to the amount set forth in Section 6 of Exhibit 1. Notwithstanding the foregoing, if the Force Majeure Event can be corrected through repair or restoration of the System or other actions by Seller and, prior to expiration of the three hundred sixty-five (365) day period, Seller provides written evidence to Purchaser that it is diligently pursuing such actions, then Purchaser shall not have the right to terminate this Agreement so long as Seller continues to diligently pursue such actions. iii. Definition of “Force Majeure Event.” “Force Majeure Event” means any event or circumstance beyond the reasonable control of and without the fault or negligence of Seller or Purchaser, including, without limitation: an act of God; war (declared or undeclared); sabotage; piracy; riot; insurrection; civil unrest or disturbance; military or guerilla action; terrorism; economic sanction, tariff or embargo; civil strike, work stoppage, slow-down, or lock-out; explosion; fire; earthquake; tsunami; storm; tornado; blizzard; heatwave; hurricane; flood; lightning; hail; wind; drought; animals; epidemic; pandemic; action or the failure to act by a Governmental Authority or the Utility, including, but not limited to, a moratorium on any activities related to this Agreement or the delay or a lack of a final Approval based on the California Environmental Quality Act (“CEQA”) or other applicable law, provided that the delay in decision-making is not attributable to the Party claiming a Force Majeure Event and that

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such Party has exercised its reasonable efforts to cause such Approval to be obtained; delays in interconnection, provided that the delay in obtaining interconnection is not attributable to the Party claiming a Force Majeure Event or its agents; unavailability of electricity from the Utility grid; and failure or unavailability of equipment, supplies or products outside of Seller’s control or due to a Force Majeure Event. For purposes of the definition of “Force Majeure Event,” a Party shall not be considered a Governmental Authority if such Party is claiming the presence of a Force Majeure Event as an excuse for its failure to timely perform its obligations under this Agreement. d. Extension of Time. If Seller is delayed in causing the achievement of Commencement of Installation due to a Force Majeure Event, the time for achievement of Commencement of Installation will be automatically extended to account for the impact of the delay.
e. Commercial Operation. Seller shall notify Purchaser in writing at least one week prior to the Commercial Operation Date. Upon Purchaser’s reasonable request, Seller shall provide Purchaser with the “Final Completion Certificate” as executed by the contractor to Seller responsible for installing the System and the “Final Completion Notification” as executed by Seller to evidence that the System is ready to begin Commercial Operation. Purchaser may not turn on, electrify or otherwise operate the System in the absence of prior, written permission from Seller.

6. Installation, Operation and Maintenance.
a. Seller’s General Obligations Regarding the System. Subject to the terms and conditions of this Agreement, Seller shall use reasonable efforts to cause the System to be designed, engineered, installed, commissioned, monitored, operated and maintained, in each case in a good and workmanlike manner and in accordance with applicable law and prudent solar industry practices in the State of California. The Seller shall ensure that the System complies with all applicable law, rules, regulations and local building codes. In furtherance of the foregoing, Seller shall use reasonable efforts to enforce all of its rights under its agreement or agreements with the installer of the System and with the entity engaged to operate and maintain the System; provided, that Seller shall maintain full discretion with respect to any determinations regarding the nature of such enforcement actions and Seller shall not be obligated pursuant to this Agreement to initiate litigation or other legal process. b. System Design Approval. Seller has provided Purchaser with a copy of the System design, and Purchaser has approved such design. Should any subsequent changes to the System design be made prior to Commencement of Installation, Purchaser shall be provided with a copy of any such revised System design and any resulting changes to the Contract Price, Section 6 of Exhibit 1, any of the data on Exhibit 2 and/or Table 1.A of Exhibit 4, and Purchaser shall have ten (10) business days after receipt to approve or disapprove the revised design and any such resulting changes in writing, such approval not to be unreasonably withheld. Failure by Purchaser to respond within such ten (10) business day period shall be deemed approval of the revised System design and any such resulting changes. If Purchaser disapproves the revised System design and/or any such resulting changes, Seller may either (i) cause the design to be reverted to the original design approved by Purchaser or (ii) terminate this Agreement and such termination shall be without further liability to Purchaser. If changes to the System design or other changes, including new information regarding Purchaser’s electricity needs or Seller’s selection of equipment for the System, will result in a change to any of the data on Exhibit 2 (including, but not limited to the System Size), the Contract Price, Section 6 of Exhibit 1, any of the data on Exhibit 2 and/or Table 1.A of Exhibit 4, such sections and/or table of this Agreement may be revised if any such changes are approved by both Parties in writing. If changes to the System design are reasonably expected to lower the costs to Seller of engineering, constructing, installing, interconnecting, operating, maintaining, repairing and/or removing the System, Seller may, in its sole discretion, decrease the Contract Price and provide such updated Contract Price to Purchaser in an addendum to this Agreement. c. System Repair and Maintenance. Seller may cause the suspension of delivery of electricity from the System to the Delivery Point for the purpose of causing the maintenance to and repairs of the System; provided that Seller shall use reasonable efforts to minimize any interruption in service to the Purchaser and shall provide at least thirty (30) business days’ advance notice to Purchaser of any scheduled maintenance and repairs. Emergency maintenance and repairs may be performed in the absence of such notice if necessary to prevent harm to persons or property. Scheduled and unscheduled maintenance and repairs shall be undertaken at Seller’s sole cost and expense, except that Purchaser shall reimburse Seller for the reasonable cost of any repairs or maintenance resulting from damage caused by Purchaser, its agents, employees or contractors.
d. System Outage Allowance. Upon Purchaser’s written request, Seller shall cause the System to be taken off-line for a total of forty-eight (48) daylight hours (as defined by the United States National Weather Service in the area where the System is located) during each Contract Year (each event an “Outage” and the forty-eight (48) hour period the “Outage Allowance”). The Outage Allowance includes all Outage hours undertaken by Seller for maintenance or

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repairs for which Purchaser is responsible pursuant to Section 6(c) or requested by Purchaser under this Section 6(d) (other than due to the fault or negligence of Seller). Purchaser’s request shall be delivered at least forty-eight (48) hours in advance. Purchaser is not obligated to accept or pay for electricity that could have been delivered by the System but for an Outage up to the annual Outage Allowance. If the aggregate hours for Outages, including, but not limited to Outages resulting from a temporary disconnection or removal pursuant to Section 6(f), exceed the Outage Allowance in a given Contract Year and Purchaser has opted out of receiving retail electric generation service from Seller, Seller shall reasonably estimate the amount of electricity that would have been delivered to Purchaser during such excess Outages and Purchaser shall pay Seller for such amount in accordance with this Agreement. e. Maintenance of Premises. Purchaser shall, at its sole cost and expense, maintain the Premises and Improvements in good condition and repair. Purchaser, to the extent within its reasonable control, (i) shall ensure that the Premises remains interconnected to the local Utility grid at all times; and (ii) shall not permit cessation of delivery of electric service to the Premises from the local Utility. Purchaser is fully responsible for, and shall properly maintain in full working order and good repair, the electrical infrastructure on the Purchaser’s side of the Delivery Point, including all of Purchaser’s equipment that utilizes the System’s outputs. Purchaser shall use reasonable efforts to cooperate with Seller to comply with any technical standard of the Utility providing electrical power to the Purchaser. f. Alteration or Repairs to Premises. Not less than ninety (90) days prior to making any alterations or repairs to the Premises (except for emergency repairs) or any Improvement which may adversely affect the operation and maintenance of the System, Purchaser shall inform Seller in writing and, thereafter, shall use reasonable efforts to conduct such repairs, alterations or Improvements in compliance with any reasonable request made by Seller within ten (10) days after having received such written request to mitigate any adverse effect. If any repair, alteration or Improvement result in a permanent and material adverse economic impact on the System, Purchaser may request relocation of the System under Section 8 hereof. To the extent that temporary disconnection of the System is necessary in order for Purchaser to perform such alterations or repairs, Seller shall cause to be performed such work, and any reconnection of the System, at Purchaser’s cost, subject to Section 6(c), 6(d), and 6(e). To the extent that temporary removal of the System is necessary in order for Purchaser to perform such alterations or repairs, Seller shall use reasonable efforts to cause to be performed such removal work within one hundred and eighty (180) days of Seller’s determination that such temporary removal is required and any such removal and re-installation work shall be at Purchaser’s cost, subject to Section 6(c), 6(d), and 6(e). Purchaser shall cause to be made any alterations and repairs in a good and workmanlike manner, in compliance with all applicable laws, codes and permits.

7. Miscellaneous Rights and Obligations of the Parties. a. Access Rights. In consideration of and in order to effectuate the mutual covenants and terms of this Agreement, Purchaser hereby grants to Seller and to Seller’s agents, employees, contractors and subcontractors and the Utility (i) a non-exclusive license running with the Premises (the “Non-Exclusive License”) for access to, on, over, under and across the Premises from the Effective Date until the date that is one hundred and eighty (180) days following the date of expiration or earlier termination of this Agreement (the “License Term”), for the purposes of performing all of Seller’s obligations and enforcing all of Seller’s rights set forth in this Agreement and otherwise as required by Seller in order to effectuate the purposes of this Agreement, including, but not limited to design, engineering, development, construction, installation, inspection, interconnection, testing, operation, maintenance, repair, replacement and removal of the System and all incidental and related uses connected therewith. In addition to the foregoing, if the System shall be a ground-mounted System to be located within a secure, fenced area on the Premises, Purchaser hereby grants to Seller an exclusive, sub-licensable license running with the Premises (the “Exclusive License”, and together with the Non-Exclusive License, the “Licenses”) for purposes of the installation, operation, use and maintenance of the System on such exclusively licensed area of the Premises during the License Term. Seller shall provide at least seventy-two (72) hours advance notice to Purchaser of any access required prior to the Commercial Operation Date; after the Commercial Operation Date notice shall be provided subject to Section 6(c). Seller shall use reasonable efforts to ensure that when on the Premises during the License Term, it and its employees, agents, contractors and subcontractors comply with Purchaser’s site safety and security requirements, which are to be provided to Seller in writing within sixty (60) days of the Effective Date. During the License Term, Purchaser shall preserve and protect Seller’s rights under the Licenses and Seller’s access to the Premises and shall not interfere, or permit any third parties under Purchaser’s control to interfere, with such rights or access. Seller may record a customary memorandum of license in the land records respecting the Licenses. b. OSHA Compliance. Each Party shall comply with all Occupational Safety and Health Act (“OSHA”) requirements and other similar applicable safety laws and codes with respect to such Party’s performance under this Agreement. c. Safeguarding the Premises. Purchaser shall maintain the physical security of the Premises and Improvements in a

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manner to be expected of a reasonable and prudent owner of premises and improvements similar to the Premises and Improvements in nature and location. Purchaser shall not conduct or permit activities on, in or about the Premises or the Improvements that have a reasonable likelihood of causing damage, impairment or otherwise adversely affecting the System. Purchaser shall indemnify Seller for any loss or damage to the System to the extent caused by or arising out of (i) Purchaser’s breach of its obligations under this Section or (ii) the acts or omissions of Purchaser or its employees, agents, invitees or separate contractors. Without limiting the foregoing, Seller shall arrange for security of the System, equipment and tools during the construction of the System and Purchaser shall cooperate with Seller and its contractor with respect to such security measures. The obligations set forth in this Section 7(c) shall survive until the date that is one hundred and eighty (180) days following the date of expiration or earlier termination of this Agreement.
d. Insolation. Purchaser acknowledges that unobstructed access to sunlight (“Insolation”) is essential to Seller’s performance of its obligations and a material term of this Agreement. Purchaser shall not, to the extent within its reasonable control, cause or permit any interference with the System’s Insolation, and shall ensure that vegetation on the Premises adjacent to the System is regularly pruned or otherwise maintained to prevent interference with the System’s Insolation. If either Party discovers any activity or condition that could diminish the Insolation of the System, such Party shall immediately notify the other Party and Purchaser shall cooperate with Seller in preserving and restoring the System’s Insolation levels as they existed on the Effective Date. e. Use and Payment of Contractors and Subcontractors. Seller shall use and shall cause to be used suitably qualified, experienced and licensed contractors and subcontractors to perform its obligations under this Agreement. However, Seller shall be responsible for the quality of the work performed by such contractors and subcontractors. Seller shall pay or shall cause to be paid when due all valid charges from all contractors, subcontractors and suppliers supplying goods or services to Seller under this Agreement.
f. Liens.
i. Lien Obligations. Purchaser shall not directly or indirectly cause, create, incur, assume or allow to exist any mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature, except such encumbrances as may be required to allow Seller access to the Premises (each a “Lien”) on or with respect to the System. Seller shall not directly or indirectly cause, create, incur, assume or allow to exist any Lien on or with respect to the Premises or the Improvements, other than those Liens which Seller is permitted by law to place on the Premises due to non-payment by Purchaser of amounts due under this Agreement. Each Party shall immediately notify the other Party in writing of the existence of any such Lien following such Party’s discovery of same, and shall promptly (and in all events within thirty (30) days) cause the same to be discharged and released of record without cost to the other Party; provided, however, that each indemnifying Party has the right to contest any such Lien, so long as it provides a statutory bond or other reasonable assurances of payment that either removes such Lien from title to the affected property, or that assures that any adverse judgment with respect to such Lien shall be paid without affecting title to such property. ii. Lien Indemnity. Each Party shall indemnify the other Party from and against all claims, losses, damages, liabilities and expenses resulting from any Liens filed against such other Party’s property as a result of the indemnifying Party’s breach of its obligations under Section 7(f)(i).

8. Relocation of System. If, during the Term, Purchaser ceases to conduct operations at the Premises or vacates the Premises, the Premises have been destroyed, or the Purchaser is otherwise unable to continue to host the System or accept the electricity delivered by the System for any other reason (other than a Default Event by Seller), Purchaser shall propose in writing the relocation of the System, at Purchaser’s cost. Such proposal shall be practically feasible and preserve the economic value of this Agreement for Seller. The Parties shall seek to negotiate in good faith an agreement for the relocation of the System. Pending agreement on relocation of the System, Purchaser shall continue to make payments to Seller pursuant to Section 11(b)(i)(C).

9. Removal of System upon Termination or Expiration. Upon the expiration or earlier termination of this Agreement (provided Purchaser does not purchase the System pursuant to the terms and conditions of Section 14(b)), Seller shall, at its expense (unless expressly provided otherwise in this Agreement), cause to be removed all of the tangible property comprising the System from the Premises with a targeted completion date that is no later than one hundred and eighty (180) days after the expiration of the Term. The portion of the Premises where the System is located shall be returned to substantially its original condition as is reasonably possible, except for ordinary wear and tear, including the removal of System mounting pads or other support structures, and repair and restoration of the roof and the roof membrane. Seller is required to cause to be repaired any and all damage to the Premises caused by removal of the System. Notwithstanding the foregoing, Seller shall not be obligated to remove or cause to be removed any support structures for the System which are affixed to and below the exposed surface of Purchaser’s

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structures or any below grade structures, including foundations and conduits, or any roads. If the System is installed on the roof of an Improvement, Seller’s warranties under Section 12(c)(i) shall apply, as applicable. Purchaser must provide sufficient access, space and cooperation as reasonably necessary to facilitate System removal. Purchaser shall comply with Section 7(c) and Section 13 until removal is complete. If Seller fails to cause the removal of the System within one hundred and eighty (180) days after expiration of the Term, Purchaser may, at its option, remove the System to a public warehouse and restore the Premises to its original condition (other than ordinary wear and tear) at Seller’s cost, provided that if Seller pays Purchaser for such costs, Seller shall not be liable to Purchaser for a Default Event by Seller.

10. Measurement.
a. Meter. The System’s electricity output during the Term shall be measured by Seller’s meter, which shall be a revenue grade meter that meets ANSI-C12.20 standards for accuracy (the “Meter”). Purchaser shall have access to the metered energy output data via the monitoring system caused to be installed and maintained by Seller as part of the System. b. Meter Calibration. Seller shall cause the Meter to be calibrated in accordance with manufacturer’s recommendations.

Notwithstanding the foregoing, Purchaser may install, or cause to be installed, its own revenue-grade meter at the same location as the Meter. If there is a discrepancy between the data from Purchaser’s meter and the data from the Meter of greater than two percent (2%) over the course of a Contract Year, then Purchaser may request that Seller calibrate the Meter at Seller’s cost.
c. Internet Connection. At all times during the Term, Purchaser shall maintain and make available, at Purchaser’s cost:
i. A hard-wired ethernet port for connection to System equipment located within fifty (50) physical feet of the electrical room of the Premises; or, if such hard-wired port is not feasible, Wi-Fi available seven (7) days per week and twenty-four (24) hours per day;
ii. Information technology support services as needed to provide Internet connectivity via the connection described in Section 10(c)(i); and
iii. A dedicated IP address for System equipment.

If Purchaser does not maintain such Internet connection described above, Seller will not be able to cause the System to be monitored or provide the performance guaranty set forth on Exhibit 4. Further, if Seller is not able to monitor the System, Seller will be required to estimate the System’s power production for purposes of determining the monthly payment(s) for any such month in which the required Internet connection was not available. d. Meter Testing. Purchaser may require Seller to cause the Meter to be tested once at any time during the Term at Seller’s cost (an “Initial Meter Test”). After the Initial Meter Test, Purchaser may request that Seller cause the Meter to be tested only upon Purchaser’s reasonable basis for belief that a Meter Inaccuracy (as defined below) exists, at Seller’s cost (a “Second Meter Test”). In the absence of a Meter Inaccuracy as demonstrated by a Second Meter Test, any future Meter testing shall be at Purchaser’s sole cost and expense. If any Meter test demonstrates inaccuracy of the Meter of greater than two percent (2%) over the course of a Contract Year (a “Meter Inaccuracy”), then Seller shall credit any overpayment by Purchaser against, or add any underpayment by Purchaser to, the next monthly invoice it provides to Purchaser. Purchaser shall have the right to witness any Meter test.

11. Default, Remedies and Damages.
a. Default. Any Party that fails to perform its responsibilities as listed below or experiences any of the circumstances listed below is deemed a “Defaulting Party”, the other Party is the “Non-Defaulting Party” and each of the following is a “Default Event”:
i. failure of a Party to pay any amount due and payable under this Agreement, other than an amount that is subject to a good faith dispute, within ten (10) days following receipt of written notice from the Non-Defaulting Party of such failure to pay (“Payment Default”);
ii. failure of a Party to perform any material obligation under this Agreement or an act or omission of a Party in violation of the terms and conditions of this Agreement not addressed elsewhere in this Section 11 within sixty (60) days following receipt of written notice from the Non-Defaulting Party demanding such cure; provided, that if the Default Event cannot reasonably be cured within sixty (60) days and the Defaulting Party has demonstrated prior to the end of that period that it is diligently pursuing such cure, the cure period will be extended for a further

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reasonable period of time, not to exceed ninety (90) days; iii. such Party fails to provide or maintain in full force and effect any required insurance, if such failure is not remedied within ten (10) business days after receipt of written notice from the Non-Defaulting Party to the Defaulting Party;
iv. any representation or warranty given by a Party under this Agreement was incorrect in any material respect when made and is not cured within thirty (30) days following receipt of written notice from the Non-Defaulting Party demanding such cure;
v. a Party becomes insolvent or is a party to a bankruptcy, reorganization, insolvency, liquidation, receivership, dissolution, winding-up or relief of debtors, or any general assignment for the benefit of creditors or other similar arrangement or any event occurs or proceedings are taken in any jurisdiction with respect to the Party which has a similar effect (or, if any such actions are initiated by a third party, such action(s) is (are) not dismissed within sixty (60) days); or,
vi. in the case of Purchaser as the Defaulting Party only, Purchaser (A) loses its rights to occupy and enjoy the Premises, unless the Parties agree upon a relocation under Section 8 above; (B) loses its right to provide access to the System or is otherwise in default under Section 7(a); or (C) prevents Seller from performing any material obligation under this Agreement unless such action by Purchaser is (x) permitted under this Agreement, or (y) cured within ten (10) days after written notice thereof from Seller. b. Remedies.
i. Purchaser Default Event Remedies. Upon the occurrence and during the continuation of a Default Event where the Purchaser is the Defaulting Party, including a Payment Default:

A. Seller may exercise any and all remedies available or granted to it pursuant to law or hereunder, including seeking by mandamus or other suit, action or proceeding at law or in equity to enforce the Seller’s rights against the Purchaser, including rights to any payments due hereunder in an action for damages, and to compel the Purchaser to perform and carry out its duties and obligations under the law and its covenants and agreements with the Seller as provided herein.

B. Seller may suspend performance of its obligations under this Agreement, including, but not limited to, turning off the System, until the earlier to occur of (x) the date that Purchaser cures the Default Event in full, including making payment in full as provided in Section 11(b)(i)(C), or (y) the termination date of this Agreement. Seller’s rights under this Section 11(b)(i)(B) are in addition to any other remedies available to it under this Agreement, at law or in equity.

C. Except as otherwise provided herein, this Agreement shall not terminate as a result of such Default Event and shall continue in full force and effect, and Purchaser shall continue to pay, and Seller shall be entitled to recover payment for: (x) all electricity delivered by Seller pursuant to Section 3 of this Exhibit 3, and (y) all electricity that Seller reasonably estimates it would have been able to deliver to Purchaser in accordance with this Agreement but for the Default Event by Purchaser, in each case at the Contract Price, together with (z) any other amounts due and payable pursuant to this Agreement. ii. Seller Default Event Remedies. Upon the occurrence and during the continuation of a Default Event where Seller is the Defaulting Party:

A. Purchaser may exercise any and all remedies available or granted to it pursuant to law or hereunder, including seeking by mandamus or other suit, action or proceeding at law or in equity to enforce the Purchaser’s rights against the Seller, including rights to any payments due hereunder in an action for damages, and to compel the Seller to perform and carry out its duties and obligations under the law and its covenants and agreements with the Purchaser as provided herein.

B. except as otherwise provided herein, this Agreement shall not terminate as a result of such Default Event and shall continue in full force and effect, and Seller and Purchaser shall continue to pay all amounts due and payable pursuant to this Agreement.
iii. Optional Termination by Purchaser. In addition to the remedies provided for in Section 11(b)(ii), upon the occurrence and during the continuation of a Default Event where Seller is the Defaulting Party, the Purchaser may terminate this Agreement as further set forth in this Section 11(b)(iii) by providing thirty (30) days prior

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written notice to the Seller; provided, that, in the case of a Default Event under Section 11(a)(v) where the Seller is the Defaulting Party, no such notice period shall be required. Upon termination pursuant to this Section 11(b)(iii), Seller shall pay to Purchaser an amount equal to the sum of (A) the present value of the excess, if any, of the reasonably expected cost of electricity delivered by the Utility over the Contract Price for the reasonably expected production of the System for a period of the lesser of five (5) years or the remainder of the Initial Term or the then current Additional Term, as applicable; (B) all direct costs reasonably incurred by Purchaser by reason of the termination; and (C) any and all other amounts previously accrued under this Agreement and then owed by Seller to Purchaser (the “Seller Termination Payment”). The Seller Termination Payment determined under this Section 11(b)(iii) cannot be less than zero.
iv. Optional Termination by Seller. In addition to the remedies provided for in Section 11(b)(i), upon the occurrence and during the continuation of a Default Event where Purchaser is the Defaulting Party, the Seller may terminate this Agreement as further set forth in this Section 11(b)(iv) by providing thirty (30) days prior written notice to the Purchaser; provided, that, in the case of a Default Event under Section 11(a)(v) where the Purchaser is the Defaulting Party, no such notice period shall be required. Upon termination pursuant to this Section 11(b)(iv), Purchaser shall pay to Seller an amount equal to the sum of (1) the applicable amount set forth in the Termination Payment Schedule of Section 6 of Exhibit 1, and (2) any other amounts previously accrued under this Agreement and then owed by Purchaser to Seller (collectively, the “Purchaser Termination Payment” and, together with the Seller Termination Payment, the “Termination Payment”). The Purchaser Termination Payment determined under this Section 11(b)(iv) cannot be less than zero. v. Severability of Remedies. If any remedy in Section 11(b) is held by a court of competent jurisdiction to be in conflict with any statute, constitutional provision, regulation or other rule of law, or is otherwise held to be unenforceable for any reason whatsoever, such circumstances shall not have the effect of rendering the other remedies herein contained invalid, inoperative, or unenforceable to any extent whatsoever. If any one or more of the provisions contained in Section 11(b) of this Exhibit 3 shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Section 11(b) and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. The Parties hereby declare that they each would have executed this Agreement and each and every other section hereof irrespective of the fact that any one or more sections of this Section 11(b) may be held illegal, invalid or unenforceable. vi. Liquidated Damages. The Parties agree that, if Seller terminates this Agreement prior to the expiration of the Term pursuant to Section 11(b)(iv), actual damages would be difficult to ascertain, and the Purchaser Termination Payment determined in accordance with Section 11(b)(iv) is a reasonable approximation of the damages suffered by Seller as a result of early termination of this Agreement and is not a penalty. c. Obligations Following Termination. If a Party terminates this Agreement pursuant to Section 11(b)(iii), or Section 11(b)(iv), then following such termination, Seller shall cause and shall have the right to cause the equipment constituting the System to be removed in compliance with Section 9 at the sole cost and expense of the Defaulting Party, provided, however that Seller shall not be required to cause the System to be removed following the occurrence of a Default Event by Purchaser, unless Purchaser has paid the Purchaser Termination Payment to Seller or pre-pays the cost of removal and restoration reasonably estimated by Seller. i. Reservation of Rights. Except in the case of a termination under Section 11(b)(iii) or Section 11(b)(iv) and payment of a Termination Payment, if any, determined as provided therein, nothing in this Section 11 limits either Party’s right to pursue any remedy under this Agreement, at law or in equity, including with respect to the pursuit of an action for damages by reason of a breach or Default Event under this Agreement. ii. Mitigation Obligation. Regardless of whether this Agreement is terminated for a Default Event, the NonDefaulting Party must make reasonable efforts to mitigate its damages as the result of such Default Event; provided that such obligation shall not reduce Purchaser’s obligation to pay the full Purchaser Termination Payment set forth in Section 6 of Exhibit 1 following a Default Event by Purchaser. iii. No Limitation on Payments. Nothing in this Section 11 excuses a Party’s obligation to make any payment when due under this Agreement, including with respect to payments for electricity that would have been delivered to Purchaser but for a Purchaser breach or Default Event.

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12. Representations and Warranties.
a. General Representations and Warranties. Each Party represents and warrants to the other the following:
i. Such Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation; the execution, delivery and performance by such Party of this Agreement have been duly authorized by all necessary governmental action, and do not and will not violate any law; and this Agreement is the valid obligation of such Party, enforceable against such Party in accordance with its terms (except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and other similar laws now or hereafter in effect relating to creditors’ rights generally).
ii. Such Party has obtained all licenses, authorizations, consents and approvals required by applicable law and any Governmental Authority or other third-party and necessary for such Party to own its assets, carry on its business and operations and to execute and deliver this Agreement; and such Party is in compliance with all laws that relate to this Agreement in all material respects.
b. Purchaser’s Representations and Warranties. Purchaser represents and warrants to Seller the following:
i. Licenses. (A) Purchaser has title to and is the fee owner of the Premises such that Purchaser has the full right, power and authority to enter into and perform all of its obligations under this Agreement, (B) this Agreement does not violate any law, ordinance, rule or other governmental restriction applicable to Purchaser or the Premises and is not inconsistent with and will not result in a breach or default under any agreement by which Purchaser is bound or that affects the Premises, and (C) there are no deeds of trust, mortgages or similar security instruments with a lien against the Premises.
ii. Other Agreements. Neither the execution and delivery of this Agreement by Purchaser nor the performance by Purchaser of any of its obligations under this Agreement conflicts with or will result in a breach or default under any agreement or obligation to which Purchaser is a party or by which Purchaser is bound. iii. Accuracy of Information. All information provided by Purchaser to Seller, as it pertains to (A) the Premises, (B) the Improvements on which the System is to be installed, if applicable, (C) Purchaser’s planned use of the Premises and any applicable Improvements, and (D) Purchaser’s estimated electricity requirements, is accurate in all material respects.
iv. Purchaser Status. Purchaser is not a public utility or a public utility holding company and is not subject to regulation as a public utility or a public utility holding company. v. Limit on Use. No portion of the electricity generated by the System shall be used to heat a swimming pool. c. Seller’s Warranties.
i. If Seller causes to be penetrated the roof of any Improvement on which the System is installed, during System installation or any System repair, Seller shall provide for a warranty on roof damage caused by these roof penetrations and shall repair such damage at Seller’s expense. Seller’s roof warranty shall terminate upon the earlier of (A) five (5) years following the Commercial Operation Date and (B) the expiration of the warranty applicable to such roof provided by Purchaser’s roofing contractor that is effective as of the Effective Date (“Existing Roof Warranty”). If there is an Existing Roof Warranty, Purchaser shall provide it to Seller, and Seller shall ensure that the construction, operation, maintenance and removal of the System conforms to the requirements of the Existing Roof Warranty to the extent such Existing Roof Warranty is in effect. ii. If Seller or its agents damage any other part of the Premises or any Improvement (including roof damages not covered under Section 12(c)(i) above), Seller shall repair or reimburse Purchaser for such damage, as agreed by the Parties and subject to Section 15.
d. NO OTHER WARRANTY. THE WARRANTIES SET FORTH IN SECTIONS 12(a) AND 12(c) OF THIS AGREEMENT ARE PURCHASER’S SOLE AND EXCLUSIVE BASIS FOR ANY CLAIM OR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SECTION 12, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. OTHER THAN AS EXPRESSLY SET FORTH IN SECTIONS 12(a) AND 12(c), NO WARRANTY, WHETHER STATUTORY, WRITTEN, ORAL,

EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY

AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING

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OR USAGE OF TRADE, APPLIES UNDER THIS AGREEMENT. THE PERFORMANCE GUARANTY SET FORTH IN EXHIBIT 4 REPRESENTS A SEPARATE CONTRACT BETWEEN PURCHASER AND THE ISSUER OF THE PERFORMANCE GUARANTY. IF THE ISSUER OF THE PERFORMANCE GUARANTY (OR

ANY SUBSEQUENT ASSIGNEE) AND THE SELLER ARE NOT THE SAME PERSON, NO RIGHTS

PROVIDED TO PURCHASER BY THE PERFORMANCE GUARANTY MAY BE ASSERTED UNDER THIS AGREEMENT, AND NO CLAIM UNDER THE PERFORMANCE GUARANTY WILL AFFECT PURCHASER’S OBLIGATIONS UNDER THIS AGREEMENT.

13. Insurance.
a. Insurance Coverage. At all times during the Term, the Parties shall maintain the following insurance, as applicable:
i. Seller’s Insurance. Seller shall maintain (A) property insurance on the System for the replacement cost thereof, (B) commercial general liability, employers liability and automobile liability insurance with primary coverage of at least $1,000,000 per occurrence, an excess liability limit of $5,000,000, for a total of $6,000,000 in the aggregate, and (C) workers’ compensation insurance as required by law. Seller’s coverage may be provided as part of an enterprise insurance program.
ii. Purchaser’s Insurance. Purchaser shall maintain commercial general liability insurance with coverage of at least $2,000,000 per occurrence.
b. Policy Provisions. The insurance policies referenced in Section 13(a) shall (i) contain a provision whereby the insurer agrees to give the other Party at least thirty (30) days (ten (10) days for non-payment of premiums) written notice before the insurance is cancelled, or terminated, (ii) be written on an occurrence basis, and (iii) be maintained with companies either rated no less than A-VII as to Policy Holder’s Rating in the current edition of A.M. Best’s Insurance Guide or otherwise reasonably acceptable to the other Party. c. Certificates. Upon the other Party’s request, each Party shall deliver to the other Party certificates of insurance evidencing the above required coverage. A Party’s receipt, review or acceptance of such certificate shall in no way limit or relieve the other Party of the duties and responsibilities to maintain insurance as set forth in this Agreement. d. Deductibles. Each Party shall pay or cause to be paid its own insurance deductibles, except in the case of claims (i) resulting from a breach of this Agreement, in which case the breaching Party is responsible for payment of the nonbreaching Party’s deductible for any responding insurance, and (ii) covered by an indemnity set forth in this Agreement.

14. Ownership; Option to Purchase.
a. Ownership of System.
i. Ownership; Personal Property. System Owner or its assignee shall be the legal and beneficial owner of the System and the System will remain the personal property of System Owner or such assignee and will not attach to or be deemed a part of, or fixture to, the Premises or any Improvement on which the System is installed.

Each of the Seller and Purchaser agree that System Owner or its assignee is the tax owner of the System and all tax filings and reports shall be filed in a manner consistent with this Agreement. The System will at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. ii. Notice to Purchaser Lienholders. Purchaser shall use reasonable efforts to place all parties having a Lien on the Premises or any Improvement on which the System is installed on notice of the ownership of the System and the legal status or classification of the System as personal property. If any mortgage or fixture filing against the Premises could reasonably be construed as prospectively attaching to the System as a fixture of the Premises, Purchaser shall provide a disclaimer or release from such lienholder. iii. Fixture Disclaimer. Purchaser consents to the filing of a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction where the Premises are located.

If, at any point after the Effective Date, Purchaser is not the fee owner of the Premises, Purchaser shall obtain such consent from such fee owner. For the avoidance of doubt, in either circumstance Seller has the right to file such disclaimer.
iv. SNDA. Upon request, Purchaser shall deliver to Seller a subordination and non-disturbance agreement in a form

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mutually acceptable to Seller and Purchaser, any mortgagee with a Lien on the Premises, and other Persons holding a similar interest in the Premises.
v. Eviction Notice. Purchaser hereby represents and warrants that it is the legal owner of the Premises. To the extent that Purchaser does not own the Premises or any Improvement on which the System is installed after the Effective Date, Purchaser shall provide to Seller immediate written notice of any such change in ownership and receipt of notice of eviction from the Premises or applicable Improvement or termination of Purchaser’s lease of the Premises and/or Improvement.
b. Option to Purchase.
i. Early Purchase Option. Commencing on the next date after the date that is the sixth (6th) anniversary of the Commercial Operation Date, and continuing for a period of two hundred and seventy (270) days (the “Early Purchase Option Period”), so long as Purchaser is not in default under this Agreement, Purchaser may exercise an option to purchase the System from System Owner on any such date within the Early Purchase Option Period for a purchase price equal to the greater of (A) the Fair Market Value of the System, or (B) the year six (6) Termination Payment amount set forth in Section 6 of Exhibit 1. Purchaser shall exercise the option in this Section 4(b)(i) by providing System Owner with written notice. ii. Exercise of Option. At the end of the Initial Term and each Additional Term, so long as Purchaser is not in default under this Agreement, Purchaser may purchase the System from System Owner on any such date for a purchase price equal to the Fair Market Value of the System applicable as of the date of the transfer of title to the System (“End of Term Option to Purchase”). Purchaser shall notify Seller in writing of its intent to purchase at least ninety (90) days and not more than one hundred eighty (180) days prior to the end of the Initial Term or Additional Term, as applicable, and the purchase shall be completed prior to the end of the Initial Term or Additional Term, as applicable. For the avoidance of doubt, the End of Term Option to Purchase shall not apply prior to the expiration of the full Initial Term. iii. Fair Market Value. The “Fair Market Value” of the System shall be determined by mutual agreement of the Parties; provided, however, if the Parties cannot agree to a Fair Market Value within thirty (30) days after Purchaser has delivered to Seller a written notice of its intent to purchase the System, the Parties shall select a nationally recognized independent appraiser with experience and expertise in the solar photovoltaic industry to determine the Fair Market Value of the System. Such appraisershall act reasonably and in good faith to determine the Fair Market Value of the System on an installed basis and shall set forth such determination in a written opinion delivered to the Parties. The valuation made by the appraiser will be binding upon the Parties in the absence of fraud or manifest error. The costs of the appraisal shall be borne by the Parties equally. iv. Title Transfer; Warranties; Manuals. If Purchaser exercises a purchase option pursuant to Sections 14(b)(i) or (ii) above, title to the System and manufacturers’ warranties shall transfer to Purchaser upon System Owner’s receipt of the purchase price and execution by System Owner and Purchaser of a written instrument or agreement to effect such transfer to be negotiated between System Owner and Purchaser. The System will be sold “as is, where is, with all faults.” Upon purchase of the System, Purchaser shall assume complete responsibility for the operation and maintenance of the System and liability for the performance of (and risk of loss for) the System, and, except for any Seller obligations that survive termination under Section 19(d), System Owner will have no further liabilities or obligations hereunder for the System.

15. Indemnification and Limitations of Liability.
a. General. Each Party (the “Indemnifying Party”) shall defend, indemnify and hold harmless the other Party, its affiliates and the other Party’s and its affiliates’ respective directors, officers, shareholders, partners, members, agents and employees (collectively, the “Indemnified Parties”), from and against any loss, damage, expense, liability and other claims, including court costs and reasonable attorneys’ fees (collectively, “Liabilities”) resulting from (i) any Claim (as defined in Section 15(c)) relating to the Indemnifying Party’s breach of any representation or warranty set forth in Section 12 and (ii) injury to or death of persons, and damage to or loss of property to the extent caused by or arising out of the negligent acts or omissions of, or the willful misconduct of, the Indemnifying Party (or its contractors, agents or employees) in connection with this Agreement; provided, however, that nothing herein will require the Indemnifying Party to indemnify the Indemnified Parties for any Liabilities to the extent caused by or arising out of the negligent acts or omissions of, or the willful misconduct of, an Indemnified Party. This Section 15(a) does not apply to Liabilities arising out of or relating to any form of Hazardous Substances or other environmental contamination, such matters being addressed exclusively by Section 15(d).

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b. Permission to Operate Indemnification. Purchaser shall defend, indemnify and hold harmless Seller Indemnified Parties from and against any Liabilities resulting from Purchaser’s breach of Purchaser’s obligations under Section 5e).
c. Notice and Participation in Third-Party Claims. The Indemnified Party shall give the Indemnifying Party written notice with respect to any liability asserted by a third-party (a “Claim”), as soon as possible upon the receipt of information of any possible Claim or of the commencement of such Claim. The Indemnifying Party may assume the defense of any Claim, at its sole cost and expense, with counsel designated by the Indemnifying Party and reasonably satisfactory to the Indemnified Party. The Indemnified Party may, however, select separate counsel if both Parties are defendants in the Claim and such defense or other form of participation is not reasonably available to the Indemnifying Party. The Indemnifying Party shall pay the reasonable attorneys’ fees incurred by such separate counsel until such time as the need for separate counsel expires. The Indemnified Party may also, at the sole cost and expense of the Indemnifying Party, assume the defense of any Claim if the Indemnifying Party fails to assume the defense of the Claim within a reasonable time. Neither Party may settle any Claim covered by this Section 15(c) unless it has obtained the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. The Indemnifying Party has no liability under this Section 15(c) for any Claim for which such notice is not provided if the failure to give notice prejudices the Indemnifying Party. d. Environmental Indemnification.
i. Seller Indemnity. Seller shall indemnify, defend and hold harmless all of Purchaser’s Indemnified Parties from and against all Liabilities arising out of or relating to the existence at, on, above, below or near the Premises of any Hazardous Substance (as defined in Section 15(d)(iii)) to the extent deposited, spilled or otherwise caused by Seller or any of its contractors, agents or employees. ii. Purchaser Indemnity. Purchaser shall indemnify, defend and hold harmless all of Seller’s Indemnified Parties from and against all Liabilities arising out of or relating to the existence at, on, above, below or near the Premises of any Hazardous Substance, except (A) to the extent deposited, spilled or otherwise caused by Seller or any of its contractors, agents or employees or, (B) where the deposit, spill, or existence of the Hazardous Substance is not caused by Seller or any of its contractors or agents, to the extent the condition is known by Seller or any of its contractor or agents and is worsened as a result of the negligent acts or omissions, willful misconduct, or breach of this Agreement by Seller or any of its contractors, agents or employees. iii. Notice. Each Party shall promptly notify the other Party if it becomes aware of any Hazardous Substance on or about the Premises generally or any deposit, spill or release of any Hazardous Substance. “Hazardous Substance” means any chemical, waste or other substance (A) which now or hereafter becomes defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants,” “pollution,” “pollutants,” “regulated substances,” or words of similar import under any laws pertaining to the environment, health, safety or welfare, (B) which is declared to be hazardous, toxic, or polluting by any Governmental Authority, (C) exposure to which is now or hereafter prohibited, limited or regulated by any Governmental Authority, (D) the storage, use, handling, disposal or release of which is restricted or regulated by any Governmental Authority, or (E) for which remediation or cleanup is required by any Governmental Authority. e. Limitations on Liability.
i. No Consequential Damages. Except with respect to indemnification of third-party claims pursuant to Section 15, fraud or willful misconduct, neither Party nor its directors, officers, shareholders, partners, members, agents and employees subcontractors or suppliers will be liable for any indirect, special, incidental, exemplary, or consequential loss or damage of any nature (including, without limitation, lost revenues, lost profits, lost business opportunity or any business interruption) arising out of their performance or non-performance hereunder even if advised of such. Notwithstanding the previous sentence, the Termination Payment amounts set forth in Section 6 of Exhibit 1 shall be deemed to be direct, and not indirect or consequential damages for purpose of this Section 15(e)(i).
ii. Actual Damages. Except with respect to indemnification of Claims pursuant to this Section 15, and except as otherwise limited in Section 12(d), Seller’s aggregate liability under this Agreement arising out of or in connection with the performance or non-performance of this Agreement cannot exceed $1,000,000. The provisions of this Section 15(e)(ii) will apply whether such liability arises in contract, tort, strict liability or otherwise.

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f. EXCLUSIVE REMEDIES. TO THE EXTENT THAT THIS AGREEMENT SETS FORTH SPECIFIC REMEDIES FOR ANY CLAIM OR LIABILITY, SUCH REMEDIES ARE THE AFFECTED PARTY’S SOLE AND

EXCLUSIVE REMEDIES FOR SUCH CLAIM OR LIABILITY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
g. Comparative Negligence. Where negligence is determined to have been joint, contributory or concurrent, each Party shall bear the proportionate cost of any liability.

16. Change in Law.
a. Impacts of Change in Law. If Seller determines that a Change in Law has occurred or will occur that has or will have a material adverse effect on Seller’s rights, entitlement, obligations or costs under this Agreement, then Seller may so notify the Purchaser in writing of such Change in Law. Within thirty (30) days following receipt by the Purchaser of such notice, the Parties shall meet and attempt in good faith to negotiate such amendments to this Agreement as are reasonably necessary to preserve the economic value of this Agreement to both Parties. If the Parties are unable to agree upon such amendments within such thirty (30) day period, then Seller may terminate this Agreement and cause the System to be removed and the Premises to be restored in accordance with Section 9 without either Party having further liability under this Agreement except with respect to liabilities accrued prior to the date of termination. b. Illegality or Impossibility. If a Change in Law renders this Agreement, or Seller’s performance of this Agreement, either illegal or impossible, then Seller may terminate this Agreement immediately upon notice to Purchaser without either Party having further liability under this Agreement except with respect to liabilities accrued prior to the date of termination.
c. “Change in Law” means (i) the enactment, adoption, promulgation, modification or repeal after the Effective Date of any applicable law or regulation, (ii) the imposition of any material conditions on the issuance or renewal of any applicable permit after the Effective Date (notwithstanding the general requirements contained in any applicable Permit at the time of application or issue to comply with future laws, ordinances, codes, rules, regulations or similar legislation), or (iii) a change in any utility rate schedule or tariff approved by any Governmental Authority that materially alters the financial obligations of Seller under this Agreement.

17. Assignment and Financing.
a. Assignment.
i. Restrictions on Assignment. Subject to the remainder of this Section 17(a), this Agreement may not be assigned in whole or in part by either Party without the prior written consent of the other Party, which consent may not be unreasonably withheld or delayed. Purchaser may not withhold its consent to an assignment proposed by Seller where the proposed assignee has the financial capability and experience necessary to operate and maintain solar photovoltaic systems such as the System in accordance with prudent solar industry practices in the State of California.
ii. Permitted Assignments. Notwithstanding Section 17(a)(i), Seller may, without the prior written consent of Purchaser, assign, mortgage, pledge or otherwise directly or indirectly assign its interests in this Agreement to (A) any Financing Party (as defined in Section 17(b)), (B) any entity through which Seller is obtaining financing from a Financing Party, or (C) any affiliate of Seller or any person succeeding to all or substantially all of the assets of Seller; provided, that, the assignment does not negatively affect the terms of this Agreement or Seller’s ability to perform hereunder or thereunder. Seller is not released from liability hereunder as a result of any assignment to an affiliate unless the assignee assumes Seller’s obligations hereunder by binding written instrument.
iii. Successors and Permitted Assignees. This Agreement is binding on and inures to the benefit of successors and permitted assignees. The restrictions on assignment contained herein do not prohibit or otherwise limit changes in control of Seller.
b. Financing. The Parties acknowledge that Seller and/or System Owner may obtain debt or equity financing or other credit support from lenders, investors or other third parties (each, a “Financing Party”) in connection with the installation, construction, ownership, operation and maintenance of the System. In furtherance of Seller’s and/or

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System Owner’s financing arrangements and in addition to any other rights or entitlements of Seller or System Owner’s under this Agreement, Purchaser shall timely execute any consents to assignment (which may include notice, cure, attornment and step-in rights) or estoppels and negotiate any amendments to this Agreement that may be reasonably requested by Seller and/or System Owner or the Financing Parties; provided, that such estoppels, consents to assignment or amendments do not alter the fundamental economic terms of this Agreement. c. Termination Requires Consent. Seller and Purchaser agree that any right of Seller to terminate this Agreement is subject to the prior written consent of any Financing Party.

18. Confidentiality.
a. Confidential Information. To the maximum extent permitted by applicable law, if either Party provides confidential information (“Confidential Information”) to the other or, if in the course of performing under this Agreement or negotiating this Agreement a Party learns Confidential Information of the other Party, the receiving or learning Party shall (i) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (ii) refrain from using such Confidential Information, except in the negotiation, performance, enforcement and, in the case of Seller, financing, of this Agreement. b. Permitted Disclosures. Notwithstanding Section 18(a):
i. A Party may provide such Confidential Information to its affiliates and to its and its affiliates’ respective officers, directors, members, managers, employees, agents, contractors, consultants and Financing Parties (collectively, “Representatives”), and potential direct or indirect assignees of this Agreement if such potential assignees are first bound by a written agreement or legal obligation restricting use and disclosure of Confidential Information.

Each Party is liable for breaches of this provision by any person to whom that Party discloses Confidential Information.
ii. Confidential Information does not include any information that (A) becomes publicly available other than through breach of this Agreement, (B) is required to be disclosed to a Governmental Authority under applicable law or pursuant to a validly issued subpoena, (C) is independently developed by the receiving Party, or (D) becomes available to the receiving Party without restriction from a third party under no obligation of confidentiality. If disclosure of information is required by a Governmental Authority, the disclosing Party shall, to the extent permitted by applicable law, notify the other Party of such required disclosure promptly upon becoming aware of such required disclosure and shall reasonably cooperate with the other Party’s efforts to limit the disclosure to the extent permitted by applicable law. Notwithstanding any other provision in this Agreement, Seller and its affiliates are permitted to provide Confidential Information to the Internal Revenue Service and the United States Department of Treasury with respect to Seller satisfying the requirements for and obtaining the Elective Payment Incentive.
iii. Each Party hereto acknowledges and agrees that this Agreement and information and documentation provided in connection with this Agreement may be subject to the California Public Records Act (Government Code Section 7920.000 et seq.). Upon request or demand from any third person not a Party to this Agreement for production, inspection and/or copying of Confidential Information, the recipient of such request or demand shall, to the extent permissible, notify the other Party in writing in advance of any disclosure that the request or demand has been made and shall take all reasonably necessary and customary steps to protect Confidential Information that is the subject of any California Public Records Act request submitted by a third person to Purchaser, including, but not limited to, applicable exceptions described by Cal. Gov’t Code Section 7922.00. iv. A Party may be required to make this Agreement or portions of this Agreement available to the public in connection with the process of seeking approval from its respective governing board of its entry into this Agreement.
v. Confidential Information may be disclosed by either Party to any nationally recognized credit rating agency (e.g., Moody’s Investors Service, Standard & Poor’s, or Fitch Ratings) in connection with the issuance of a credit rating for that Party, provided that any such credit rating agency agrees in writing to maintain the confidentiality of such Confidential Information.
c. Miscellaneous. All Confidential Information remains the property of the disclosing Party and will be returned to the disclosing Party or destroyed (at the receiving Party’s option) after the receiving Party’s need for it has expired or upon the request of the disclosing Party. Each Party acknowledges that the disclosing Party would be irreparably

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injured by a breach of this Section 18 by the receiving Party or its Representatives or other person to whom the receiving Party discloses Confidential Information of the disclosing Party and that the disclosing Party may be entitled to equitable relief, including injunctive relief and specific performance, for breaches of this Section 18. To the fullest extent permitted by applicable law, such remedies shall not be deemed to be the exclusive remedies for a breach of this Section 18, but will be in addition to all other remedies available at law or in equity. The obligation of confidentiality will survive termination of this Agreement for a period of two (2) years. d. Goodwill and Publicity. Neither Party may (i) make any press release or public announcement of the specific terms of this Agreement or the use of solar or renewable energy involving this Agreement (except for filings or other statements or releases as may be required by applicable law), or (ii) use any name, trade name, service mark or trademark of the other Party in any promotional or advertising material without the prior written consent of the other Party which consent shall not be unreasonably withheld. The Parties shall coordinate and cooperate with each other when making public announcements regarding this Agreement, the System and its use, and each Party may promptly, and in any case within fourteen (14) days, review, comment upon and approve any publicity materials, press releases or other public statements before they are made. Notwithstanding the above, Seller is entitled to publish the name of Purchaser, System location, System size without obtaining the prior, written consent of Purchaser and to place signage on the Premises reflecting its association with the System.

19. General Provisions.
a. Definitions and Interpretation. Unless otherwise defined or required by the context in which any term appears: (i) the singular includes the plural and vice versa, (ii) the words “herein,” “hereof” and “hereunder” refer to this Agreement as a whole and not to any particular section or subsection of this Agreement, (iii) references to any agreement, document or instrument mean such agreement, document or instrument as amended, restated, modified, supplemented or replaced from time to time, and (iv) the words “include,” “includes” and “including” mean include, includes and including “without limitation.” The captions or headings in this Agreement are strictly for convenience and will not be considered in interpreting this Agreement. As used in this Agreement, “dollar” and the “$” sign refer to United States dollars.
b. Choice of Law; Dispute Resolution. This Agreement and the rights and duties of the Parties hereunder shall be governed by and construed, enforced and performed in accordance with the laws of the State of California, without regard to principles of conflict of laws. In the event of a dispute, controversy, or claim arising out of or relating to this Agreement, the Parties shall confer and attempt to resolve such matter informally. If such dispute or claim cannot be resolved in this matter, then the dispute or claim shall be referred first to executive officers of the Parties for their review and resolution. If the dispute or claim still cannot be resolved by such officers, then any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California. The prevailing Party in any dispute arising out of this Agreement is entitled to reasonable attorneys’ fees and costs.
c. Notices. All notices under this Agreement shall be in writing and delivered by hand, electronic mail, overnight courier, or regular, certified, or registered mail, return receipt requested, and will be deemed received upon personal delivery, acknowledgment of receipt of electronic transmission, the promised delivery date after deposit with overnight courier, or five (5) days after deposit in the mail. Notices must be sent to the person identified in this Agreement at the addresses set forth in this Agreement or such other address as either Party may specify in writing. d. Survival. Section 6 of Exhibit 1, and Sections 3, 4, 5(c), 7(a), (c) and (f), 9, 11, 12(c), 14, 15, 17, 18 and 19 of this Exhibit 3 shall survive termination of this Agreement.
e. Further Assurances. Each Party shall provide such information, execute and deliver any instruments and documents and to take such other actions as may be reasonably requested by the other Party to give full effect to this Agreement and to carry out the intent of this Agreement.
f. Waivers. No provision or right or entitlement under this Agreement may be waived or varied except in writing signed by the Party to be bound. No waiver of any of the provisions of this Agreement will constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver unless otherwise expressly provided. g. Non-Dedication of Facilities. Nothing in this Agreement may be construed as the dedication by either Party of its facilities or equipment to the public or any part thereof. Neither Party may knowingly take any action that would subject the other Party, or other Party’s facilities or equipment, to the jurisdiction of any Governmental Authority as a public utility or similar entity. Neither Party may assert in any proceeding before a court or regulatory body that the

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other Party is a public utility by virtue of such other Party’s performance under this Agreement. If Seller is reasonably likely to become subject to regulation as a public utility, then the Parties shall use reasonable efforts to restructure their relationship under this Agreement in a manner that preserves their relative economic interests while ensuring that Seller does not become subject to any such regulation. If the Parties are unable to agree upon such restructuring, Seller may terminate this Agreement without further liability under this Agreement except with respect to liabilities accrued prior to the date of termination and remove the System in accordance with Section 9. h. Service Contract. The Parties intend this Agreement to be a “service contract” within the meaning of Section 7701(e)(3) of the Code. Purchaser shall not take the position on any tax return or in any other filings suggesting that it is anything other than a purchase of electricity from the System. i. No Partnership. No provision of this Agreement may be construed or represented as creating a partnership, trust, joint venture, fiduciary or any similar relationship between the Parties. No Party is authorized to act on behalf of the other Party, and neither may be considered the agent of the other. j. Entire Agreement, Modification, Invalidity, Captions. This Agreement constitutes the entire agreement of the Parties regarding its subject matter and supersedes all prior proposals, agreements, or other communications between the Parties, oral or written. This Agreement may be modified only by a writing signed by both Parties. k. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be in conflict with any statute, constitutional provision, regulation or other rule of law, or is otherwise held by such court to be unenforceable for any reason whatsoever, such provision shall not be read to render and shall not have the effect of rendering this Agreement or the other provisions herein unenforceable, inoperative or invalid to any extent whatsoever.

In such event, such provision shall be deemed severable from the remaining provisions of this Agreement and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. l. No Third-Party Beneficiaries. Except as otherwise expressly provided herein, this Agreement and all rights hereunder are intended for the sole benefit of the Parties hereto, and the Financing Parties to the extent provided herein or in any other agreement between a Financing Party and Seller or Purchaser, and do not imply or create any rights on the part of, or obligations to, any other Person.
m. Counterparts. This Agreement may be executed in any number of separate counterparts and each counterpart will be considered an original and together comprise the same Agreement. n. Electronic Signatures. If the Parties agree, electronic signatures may be used in place of original signatures on this Agreement. Each Party intends to be bound by the signatures on the electronic document, is aware that the other Party will rely on the electronic signatures, and hereby waives any defenses to the enforcement of the terms of this Agreement based on the use of an electronic signature. After both Parties agree to the use of electronic signatures, both Parties must sign the document electronically.
o. No Recourse to Members of Seller. Seller is organized as a Joint Powers Authority in accordance with the Joint Exercise of Powers Act of the State of California (Government Code Section 6500, et seq.) pursuant to its Joint Powers Agreement and is a public entity separate from its constituent members. Seller shall solely be responsible for all debts, obligations and liabilities accruing and arising out of this Agreement. Purchaser shall have no rights and shall not make any claims, take any actions or assert any remedies against any of Seller’s constituent members, or the employees, directors, officers, consultants or advisors of Seller or of its constituent members, in connection with this Agreement.

End of Exhibit 3

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Performance Guaranty
In consideration for Purchaser’s entering into the Solar Power Purchase Agreement between Peninsula Clean Energy Authority (“Seller”) and the Purchaser related to the System at the Premises (the “PPA”), this Performance Guaranty (this “Guaranty”) is entered into by the parties listed below (each a “Party” and collectively the “Parties”) as of the date signed by Guarantor below (the “Effective Date”).

Purchaser: Guarantor:

Name and Address City of Pacifica
540 Crespi Drive
Pacifica, CA 94044
Attention: John Mullins, Public Works
Director
Name and Address Peninsula Clean Energy Authority
2075 Woodside Rd.

Redwood City, CA 94061
Attention: Rafael Reyes,
Director of Programs
Phone (650) 738-3767 Phone (650) 260-0087
E-mail [email protected] E-mail [email protected] Project Name Pacifica Civic Center
This Guaranty sets forth the terms and conditions of a guaranty provided by Guarantor in conjunction with the PPA. Capitalized terms not otherwise defined herein have the meanings given such terms in the PPA. The term of this Guaranty will be concurrent with the term of the PPA, except that it will not exceed the Initial Term. This Guaranty will be updated by Guarantor to reflect the as-builtspecifications of the System.

1. Guaranty. Guarantor guarantees that during the Initial Term of the PPA the System will generate not less than ninety five percent (95%) of the estimated generation of the System based on Helioscope or PVSyst (“Estimated Production (Annual kWh)”) as set forth in Table 1.A below (such guaranteed generation, the “Guaranteed Production (Annual kWh)” set forth on Table 1.A below); provided that the Guaranteed Production values are subject to reasonable downward adjustment for extreme weather conditions and to the extent that Purchaser exceeds the Outage Allowance set forth in Exhibit 3, Section 6(d) of the PPA.

A. Guarantor will use local weather data to adjust the System’s Guaranteed kWh, based on the following methods if available and in descending order of preference: (i) at a Typical Meteorological Year (TMY) weather station reasonably close to the facility; (ii) satellite data provided by a third-party vendor of Seller; or (iii) available data from a locally installed weather station at the Premises owned and properly maintained by Purchaser.

Table 1.A, projected production values as measured at a TMY weather station reasonably close to the facility:

Contract Year Estimated Production (Annual kWh) Guaranteed Production (Annual kWh) Year 1 152,500 144,875
Year 2 151,737 144,151
Year 3 150,979 143,430
Year 4 150,224 142,713
Year 5 149,473 141,999
Year 6 148,725 141,289
Year 7 147,982 140,583
Year 8 147,242 139,880
Year 9 146,506 139,180
Year 10 145,773 138,484
Year 11 145,044 137,792
Year 12 144,319 137,103
Year 13 143,597 136,418
Year 14 142,879 135,735

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Year 16 141,454 134,381
Year 17 140,747 133,710
Year 18 140,043 133,041
Year 19 139,343 132,376
Year 20 138,646 131,714
B. If at the end of each successive Contract Year the AC electricity produced by the System as measured and recorded by Seller (the “Actual kWh”) is less than the Guaranteed kWh for that Contract Year, then Guarantor shall pay Purchaser an amount equal to (i) the difference between the Guaranteed kWh and the Actual kWh, multiplied by (ii) the Performance Guarantee Payment Rate (as defined in Section 1(E)), in each case with respect to the affected Contract Year.

C. If at the end of each successive Contract Year the AC electricity produced by the System as measured and recorded by Seller (the “Actual kWh”) is more than the Guaranteed kWh for that Contract Year, then an amount equal to (i) the difference between the Actual kWh and the Guaranteed kWh, multiplied by (ii) the Performance Guarantee Payment Rate, in each case with respect to the affected Contract Year, shall be credited against and shall reduce by such amount any payments owed by Guarantor to Purchaser in the following Contract Year pursuant to Section 1(B) of this Exhibit 4. The amount under Section 1(C)(i) above shall be capped at one hundred and five percent (105%) of the Guaranteed kWh for the applicable Contract Year.

D. If a payment of greater than fifty dollars ($50) is due under Section 1(B), after subtracting any credits pursuant to Section 1(C), (i) Guarantor will deliver a statement to Purchaser detailing the Guaranteed kWh and the calculation of the payment due; and (ii) the payment shall be due within ninety (90) days after the end of the Contract Year. If no payment is due, then no statement or payment will be issued.

E. “Performance Guarantee Payment Rate” means the Contract Price.

2. Exclusions. The Guaranty set forth in Section 1 does not apply to the extent of any reduced generation from the System due to the following (including the downtime required for repair, replacement or correction):

A. a Force Majeure Event, which includes (i) destruction or damage to the System or its ability to safely produce electricity not caused by Seller or its approved service providers while servicing the System (e.g., vandalism); (ii) a power or voltage surge caused by someone other than Seller, including a grid supply voltage outside of the standard range specified by the Utility; and (iii) theft of the System; and (iv) curtailment or reduction of energy production required by the Utility or grid operator.

B. Purchaser’s failure to perform, or breach of, Purchaser’s obligations under the PPA.

3. Liquidated Damages; Waiver of Cost Savings. The Parties agree that the payment described in Section 1(B) is a reasonable approximation of the damages suffered by Purchaser as a result of underperformance of the System, is bargained-for by the Parties, and shall be the Purchaser’s sole and exclusive remedy hereunder for underperformance of the System. Purchaser hereby disclaims, and any beneficiary of this Guaranty hereby waives, any warranty with respect to any cost savings from using the System.

4. Incorporation of PPA Provisions. Section 5(c) (Force Majeure), Section 17 (Assignment and Financing) and Section 19 (General Provisions) of Exhibit 3 of the PPA and any Sections referenced therein are incorporated into this Guaranty as if any reference therein to “Agreement” were to this Guaranty and any reference to “Parties” were to the Parties to this Guaranty.

Guarantor:

Signature:

Purchaser:

Signature:

Printed Name: Shawn Marshall Printed Name:

Title: Chief Executive Officer Title:

Date: Date:

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/27/2025
1 SUBJECT:

Third Amendment to the Consultant Services Agreement between the City of Pacifica and Eisenberg, Olivieri & Associates Inc. for Commercial and Industrial Stormwater Inspections and Related Services
RECOMMENDED ACTION:

Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Approving Third Amendment to the Consultant Services Agreement between the City of Pacifica and Eisenberg, Olivieri & Associates Inc. and authorize the City Manager to execute all documents.

STAFF CONTACT:

Rey Gian Soriano, Assistant Civil Engineer
(650) 676-5608
[email protected]
Roland Yip, P.E., DPW Deputy Director
(650) 738-3771
[email protected]
BACKGROUND/DISCUSSION:

Commercial and Industrial Stormwater Inspections are a requirement of the San Francisco Bay Municipal Regional Stormwater NPDES Permit Order No. R2-2022-0018 (MRP). Each permittee is required to conduct inspections, effective follow-up, and enforcement to abate potential and actual non-stormwater discharges. These efforts prevent the discharge of pollutants and impacts to beneficial uses of receiving waters.

On December 11, 2017, City Council approved the agreement with Eisenberg, Olivieri & Associates, Inc. (EOA) to conduct Commercial and Industrial Stormwater Inspections and Related Services. On April 5, 2022, City Council approved Amendment No. 1 (Attachment C) for the agreement to remain in full force and effect through July 2023. On August 14, 2023, City Council approved Amendment No. 2 (Attachment B) for the agreement to remain in full force and effect through July 2024.

EOA has a unique understanding of the City of Pacifica’s Commercial and Industrial Stormwater Control Program. EOA has been assisting the San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) and its member agencies with implementation of the MRP Provision C.4 Industrial and Commercial Site Control for over 20 years. EOA developed many of the tools and guidance provided to the SMCWPPP members.

The City Manager recommends adopting the resolution and approving the Third Amendment (Attachment A) to the Consultant Services Agreement between the City of Pacifica and EOA. 4 Packet Pg. 72
Pacifica City Council 2
January 27, 2025
ALTERNATIVE ACTION:

The Council may choose not to approve the amendment. This could result in the City not meeting Municipal Regional Stormwater Permit requirements. Staff does not recommend this alternative action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• Preserve and Enhance Natural Resources includes mapping out parks and open space, preserving hillsides and beaches, paying attention to flora and fauna needs, and environmental health.

Approving the Consultant Services Amendment will provide needed inspections services that will continue to protect the environment and assist the City with MRP compliance.

FISCAL IMPACT:

Use of Funds
Inspection services $50,000.00
Total Use of Funds $50,000.00
Source of Funds
NPDES Fund 16 $50,000.00
Total Source of Funds $50,000.00
The fiscal Impact will be in the amount of $50,000 in contractual services and is offset by Stormwater Inspection fees.

ORIGINATED BY:

Engineering
ATTACHMENT LIST:

Attachment A: Third Amendment to Agreement for Consultant Services (PDF) Attachment B: Second Amendment to the Consultant Services Agreement between the City of Pacifica and EOA (PDF)
Attachment C: First Amendment and Consultant Services Agreement between the City of Pacifica and EOA (PDF)
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Pacifica City Council 3
January 27, 2025
RESOLUTION NO. _____

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

THIRD AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF PACIFICA AND EISENBERG, OLIVIERI & ASSOCIATES INC.; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
WHEREAS, Commercial and Industrial Stormwater Inspections is a requirement of the San Francisco Bay Municipal Regional Stormwater NPDES Permit Order No. R2-2022-0018 (MRP).; and
WHEREAS, on December 11, 2017, City Council approved the agreement with Eisenberg, Olivieri & Associates, Inc. (EOA) to conduct Commercial and Industrial Stormwater Inspections and Related Services and on April 5, 2022, City approved Amendment No. 1 for the agreement to remain in full force and effect through July 2023.; and WHEREAS, on August 18, 2023, City Council approved Amendment No. 2 for the agreement to remain in full force and effect through July 2024.; and WHEREAS, EOA has a unique understanding of the City of Pacifica’s Commercial and Industrial Stormwater Control Program. EOA has been assisting the San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) and its member agencies with implementation of the MRP Provision C.4 Industrial and Commercial Site Control for over 20 years.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica authorizes the City Manager to execute Amendment No. 3 to the Consultant Services Agreement between the City of Pacifica and Eisenberg, Olivieri & Associates Inc. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 27th day of January 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:

Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 4 Packet Pg. 74

THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This Third Amendment to Agreement for Consultant Services (the "Third Amendment") is made and entered into this 1
st day of November. 2024, by and between THE CITY OF
PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and EOA, INC., a California corporation (hereinafter referred to as "CONSULT ANT").

RECITALS
WHEREAS, on December 11, 2017, CITY and Consultant entered into that certain agreement entitled "Agreement for Consultant Services" ("Agreement") to provide Commercial and Industrial Stormwater Inspection and Related services; and WHEREAS, on April 5, 2022, CITY and Consultant entered into that certain First Amendment to extend the term of the Agreement.

WHEREAS, City and Consultant now desire to enter into this Third Amendment to extend the term of the Agreement.

AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby agree as follows:

1. Amendment to Section 3.1. The second and third sentences of Section 3.1 of the Agreement are hereby amended to read as follows:

CONSULTANT agrees to complete all services by July 31, 2025.

2. Agreement in Effect. Except as amended by this Third Amendment, the Agreement shall remain in full force and effect.

3. Counterpart Signatures. This Third Amendment may be signed in multiple counterparts which, when signed by all parties. shall constitute a binding agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
[SIGNATURES ON NEXT PAGE]
4878-2719-3724 vi Page 1
OAK #4849-6631-0203 vi
ATTACHMENT 1

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/27/2025
1 SUBJECT:

Appointment of Council ad hoc subcommittee to evaluate policies for annual selection process for Mayor and Mayor pro Tem; and continuation of discussion from the January 13, 2025, agenda item regarding the Mayor/Mayor Pro Tem selection RECOMMENDED ACTION:

Consider appointing a two-councilmember limited-term ad hoc subcommittee to work with City staff to evaluate potential process changes for the annual Mayor and Mayor pro Tem selection process; and continue discussion on Mayor/Mayor Pro Tem selection.

STAFF CONTACT:

Kevin Woodhouse, City Manager
(650) 738-7409
[email protected]
BACKGROUND/DISCUSSION:

At their regular meeting on January 13, 2025, the City Council began a discussion regarding the process for annual Mayor and Mayor pro Tem selection and Section 7, Deliberations and Voting, and Section 8, Motions, of the City Council Rules and Code of Ethics. This item was agendized at the request of Councilmember Boles, following the City Council Reorganization meeting on December 9, 2024, at which Sue Beckmeyer was voted in as Mayor and Mary Bier as Mayor pro Tem.

At the conclusion of the City Council’s initial discussion about this topic, the Council directed an item be brought back at the January 27, 2025, City Council meeting to consider appointing a two-councilmember limited-term ad hoc subcommittee to work with City staff to evaluate potential process changes for the annual Mayor and Mayor pro Tem selection process. In addition, the City Council did not conclude their discussion about whether there should be a revote of the Mayor and/or Mayor pro Tem selections for 2025. Therefore, the Council may wish to continue that discussion during this item on January 27, 2025, to determine next steps.

During the January 13th discussion, there was not a Council majority in support of a re-vote, therefore a re-vote is not agendized for the January 27 Council meeting.

The recommended purpose of the limited-term ad hoc committee is to work with City staff to evaluate potential process changes for the annual Mayor and Mayor pro Tem selection process.

The limited term for the ad hoc committee is recommended to be approximately six to nine months, commencing after appointment and concluding by September, 2025.

As discussed by the Council on January 13, 2025, it would be helpful to the ad hoc committee and the City Manager to receive some initial direction from the full Council about the scope of research tasks so that the ad hoc committee and staff’s work can be focused and manageable.

For example, direction regarding the following questions may help guide the scope of work:

1. Is the Council interested in a comprehensive comparison and analysis of Roberts Rules 5 Packet Pg. 105
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of Order versus Rosenberg’s Rules of Order?

2. Is the Council interested in a comprehensive survey of rules/policies used by all cities in our county or region?

3. Is the Council interested in a longer separate policy regarding Mayor/Mayor pro Tem selection, or inserting a shorter and more concise section into the Council Rules and Code of Ethics?

4. Is the Council interested in making changes more broadly to the Council Rules related to Section 7, Deliberations and Voting, and Section 8, Motions? If so, what guidance can the Council offer the ad hoc committee in considering changes to these sections? In addition, there may be other questions or guidance the full Council may wish to provide to the ad hoc committee’s scope of work.

In addition to the attachments provided with the January 13, 2025, report regarding other cities’ policies or guidelines for Mayor and Mayor pro Tem selection, the following additional resources have been identified by Councilmember Boles:
• Burlingame Mayoral Rotation Policy
Included in Attachment 11b in the January 13, 2025 Council Agenda Packet with information on policies / practices of the following cities: Burlingame, Los Altos, Palo Alto, Redwood City, South San Francisco
Link:
https://pacificacityca.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=8918&MeetingID=1 671
• Palo Alto: Agenda for Council rotation meeting, January 6, 2025 https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=159 08&compileOutputType=1
• Link to Rosenberg's Rules from Cal Cities:
https://www.cacities.org/UploadedFiles/LeagueInternet/77/77d4ee2b-c0bc-4ec2-881b42ccdbbe73c9.pdf ALTERNATIVE ACTION:

The Council could decide not to appoint two councilmembers to a limited-term ad hoc Subcommittee and instead direct the City Manager to carry out this work to bring back to the full City Council.

RELATION TO CITY COUNCIL STRATEGIC PLAN:

Review of this issue is not part of the FY 2024-25 workplan and does not directly relate to the City Council 2023-2030 Strategic Plan.

FISCAL IMPACT:

There is no fiscal impact related to the recommendation for appointment of an ad hoc committee.

ORIGINATED BY:

City Manager's Office
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ATTACHMENT LIST:
5 Packet Pg. 107

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/27/2025
1 SUBJECT:

Receive Update on City Council Workplan Item for Review of City Committee / Commission Charters and Provide Direction to Staff to Confirm this Workplan Item and Provide Updated Timeline; Establish Ad-Hoc City Council Subcommittee to Provide Input for Charter Reviews; Adopt Resolution to Amend the Charter for the Library Advisory Committee to Designated Two Positions for Youth Members
RECOMMENDED ACTION:

It is recommended that the City Council take the following actions:

1. Provide Direction to Staff to Confirm the City Council Workplan Item to Complete the Review and Update to Council Advisory Committee / Commission Charters and Updated Timeline; and

2. Establish Ad-Hoc City Council Subcommittee Consisting of Two Councilmembers to Provide Input to Staff for Questions to Pose to the Members of Specific Committees / Commissions to Facilitate Review and Staff Recommendations Regarding Charter Reviews for the Remaining Bodies: Beautification Advisory Committee; Emergency Preparedness & Safety Commission; and Parks, Beaches & Recreation Commission; and

STAFF CONTACT:

Sarah Coffey, City Clerk
(650) 738-7307
[email protected]
BACKGROUND:

The City Council adopted the Fiscal Year 2002-23 Priority Work Plan at its regular meeting on April 11, 2022, which included a Work Plan item to establish a review of all Council-appointed Commissions and Committees (C/Cs) charters as a priority for the City Council.

At its regular meetings held on March 27, 2023 and April 10, 2023, the City Council discussed and approved a process for reviewing charters for C/Cs and provided for a timeline for the review of charters beginning with the Open Space & Parkland Advisory Committee (OSPAC) and the Library Advisory Committee (LAC).

At the regular meeting held on April 10, 2023 the City Council appointed a two-councilmember limited-term ad hoc subcommittee consisting of Mary Bier and Tygarjas Bigstyck to work with the City Manager and designated staff to develop survey questions for each Committee / Commission to facilitate the review and recommendations for charter updates. The direction to the ad-hoc subcommittee indicated that some questions may be uniform for all the C/Cs, and some may be specialized to individual C/Cs. Some questions may ask for individual C/C member feedback, and others may seek majority advisory body input. The limited-term duration of the ad hoc committee was recommended to extend until December, 2023, or until survey 6 Packet Pg. 108
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questions have been completed for each C/C.

The Council approved the following process for review of C/C charters:

1. Development of survey questions for each C/C by Ad Hoc Committee;

2. Staff to agendize survey questions at a C/C meeting for discussion and direction from the C/C. Some questions will require majority member input; other questions will be for more individual feedback, which can be shared publicly at the joint study session with Council (see step 3);

3. Staff to prepare report for a joint study session between City Council and the C/C summarizing the C/C’s majority input for discussion and direction from the City Council.

C/C members may share individual feedback with City Council at the joint study session;

4. City Council direction from joint study session to be incorporated into charter amendments (and any other related municipal code/ordinance amendments) and brought back to City Council for adoption.

Timeline for Charter Review
April 11, 2022: The City Council adopted FY 2022-23 Priority Work Plan. This action established a review of all commission and committee charters as a priority for the City Council.

March 27, 2023: The City Council had discussion, directed staff to conduct commission/committee reviews and approach to gathering information from commission/committee members about their work. The City Council deferred discussion of the review timeline to the April 10, 2023, meeting.

April 10, 2023: The City Council had Discussion, appointed a two-councilmember limited-term ad-hoc subcommittee consisting of Mary Bier and Tygarjas Bigstyck to work with the City Manager and designated staff to develop survey questions for each Committee / Commission to facilitate the review and recommendations for charter updates, and directed staff as an aspirational goal to bring recommendations for the Library Advisory Committee (LAC) and Open Space & Parkland Advisory Committee (OSPAC) charter amendments by the end of June 2023.

Council directed that the timeline for the remaining C/C charter review process for second phase with Beautification Advisory Committee (BAC), Economic Development Committee (EDC) and Emergency Preparedness & Safety Commission (EPSC); and third phase with Parks, Beaches & Recreation Commission (PB&R) and Planning Commission (PC) would be determined following completing the charter review process for LAC and OSPAC. The Council agreed with the City Manager’s recommendation that the C/C charter review process should be phased because the process would be time consuming. The City Manager recommended to begin with the Open Space & Parkland Advisory Committee (OSPAC) and Library Advisory Committee (LAC) reviews, followed by second phase with Beautification Advisory Committee (BAC), Economic Development Committee (EDC) and Emergency Preparedness & Safety Commission (EPSC); and third phase with Parks, Beaches & Recreation Commission (PB&R) and Planning Commission (PC).

Details and specific timelines for individual C/C’s for which charter reviews have been completed are discussed below.

May 15, 2024: The City Council adopted FY 2023-24 Strategic Plan and Priority Work Plan.

The work plan updated and continued the item related to the review of commission and committee charters as a priority for the City Council.
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To date, Charter reviews and updates have been completed for the following C/Cs:
➢ Library Advisory Committee (LAC)
o Resolution No. 67-2023 adopted June 26, 2023
➢ Open Space & Parkland Advisory Committee (OSPAC)
o Resolution No. 21-2024 adopted March 25, 2024
➢ Economic Development Committee (EDC)
o Resolution No. 35-2024 adopted April 22, 2024
Summary of Library Advisory Committee (LAC) Review Process and Charter Update Because the LAC had not met regularly since the emergence of the COVID-19 pandemic in early 2020 and had not convened a meeting through the date that staff undertook a review of the LAC charter as directed the City Council’s Work Plan item, staff based the charter review and recommendations for amendments on observations and challenges experienced while the LAC was meeting regularly. The City Council ad-hoc subcommittee and the LAC members were not involved in establishing and/or providing feedback to survey questions in the charter review process for the LAC.
➢ June 26, 2023: The City Council adopted Resolution No. 67-2023, dissolving the LAC and re-forming the Committee with the recommended charter amendments.

Summary of Open Space & Parkland Committee (OSPAC) Review Process and Charter Update ➢ April 10, 2023: The City Council ad-hoc subcommittee, consisting of Councilmembers Bier and Bigstyck, assisted staff with the creation of survey questions for the OSPAC members to gauge their responses on various topics related to their work. ➢ July 17, 2023: Consistent with the City Council ad hoc subcommittee’s input, staff launched an online survey to seek individual OSPAC member input. ➢ July 19, 2023: Discussion of collective survey questions by committee members at the monthly OSPAC meeting.
➢ August 16, 2023: OSPAC vote on draft resolution (i.e., charter) for City Council consideration.
➢ August 28, 2023: Joint study session of City Council and OSPAC to discuss survey results and draft resolution voted on by OSPAC on August 16, 2023. ➢ January 17 and February 21, 2024: OSPAC meetings to consider and request City Council approval of an updated draft authorizing resolution. ➢ March 25, 2024: The City Council adopted Resolution No. 21-2024 amending the OSPAC Charter.

Summary of Economic Development Committee (EDC) Review Process and Charter Update 6 Packet Pg. 110
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➢ January 5, 2024: The City Council ad-hoc subcommittee, consisting of Councilmembers Bier and Bigstyck, assisted staff with the creation of survey questions for the EDC members to gauge their responses on various topics related to their work. ➢ January 30, 2024: Consistent with the City Council ad-hoc subcommittee’s input, staff launched an online survey to seek individual EDC member input. ➢ February 13, 2024: At the monthly EDC meeting, Economic Development Committee members discussed the survey question results and the possible revisions of the existing charter.
➢ March 12, 2024: EDC voted on draft amended resolution for charter revisions for recommendation to transmit to for City Council consideration. ➢ March 25, 2024, the EDC participated in a joint study session with City Council to discuss the revision of the 2019 Charter.
➢ April 22, 2024, the City Council adopted Resolution No. 35-2024 amending the EDC Charter.

DISCUSSION:

To date, Charter reviews and updates for the following C/Cs have not yet been initiated:
➢ Beautification Advisory Committee (BAC)
➢ Emergency Preparedness & Safety Commission (EPSC)
➢ Parks, Beaches & Recreation Commission (PB&R)
➢ Planning Commission (PC)
Specific decisions about each C/C’s charter will occur at the time of Council review of each C/C’s charter in the future and is not intended for discussion at this January 13, 2025 City Council meeting. Staff is seeking City Council direction on continuation of the charter review process and the aspirational timeline for completing the remaining C/C charter reviews and subsequent review and recommendations for updates to administrative aspects of the C/C advisory system.

For background and context for this item, the City Council should keep in mind the following:
• C/Cs are staff-intensive: While intended to provide advice, recommendations, and assistance to the City Council, administering each C/C in accordance with the Brown Act, researching and preparing agenda reports, and conducting periodic recruitments requires dedicated staff resources;
• Governance Role of C/Cs: The Pacifica Municipal Code (PMC) states in Sec. 2-2.101 “The Council shall establish commissions and committees as desired to assist and advise the Council in the conduct of City business.” Further elaboration about C/Cs’ roles to “assist and advise the Council” is described in the C/C Handbook as follows:

Commission/Committee Role
The primary role of City commission and committees is generally to provide advice, recommendations and assistance to the City Council and to promote increased public input and citizen participation in the determination of City policies and program 6 Packet Pg. 111
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implementation. It would be impractical and too burdensome for the City Council to review and consider all specific issues related to all program areas of the City, so the Council often relies on commission or committees to guide its decision making.

The specific role of City commission and committees is to review and make recommendations to the City Council on matters within their scope of responsibility as defined in the Pacifica Municipal Code and the Resolution which establishes the commission or committee. Commission and committees are basically a citizens' advisory arm of the City Council, focusing their attention on specific programs of the City, although certain commission and committees may take final actions in certain prescribed areas. More importantly, commission and committees serve as a vehicle to provide public input into City programs and policies in order to broaden public involvement and to streamline the amount of City Council review of these matters.

On specific matters referred to it by the City Council, the commission or committee would normally serve as the initial reviewing body of the City...

Questions for Consideration
In order to help guide the Council’s discussion of process and timeline to continue this undertaking, Council is asked to review the following points/questions for confirmation, consideration and/or input. The process below follows the process previously directed by Council and undertaken with the reviews of the C/C’s charters that have been completed todate.

1. How should the Council identify what should be reviewed and potentially changed for each C/C’s charter? The City Council determines what C/Cs are necessary for advisement in the conduct of City business, and each C/C’s scope of responsibility (although certain Planning Commission functions are prescribed in state law).

Councilmembers, in their C/C liaison roles, may have ideas for how a C/C could better fulfill its advisory role. In addition, C/C members themselves may have their own ideas about how to better advise the Council. Therefore, this charter review process will likely need some sort of input and feedback process between each C/C and the City Council.

This could be structured in several ways, each with different timing impacts:
a. C/C discussion > staff analysis > Council direction > staff prep of final documents and Council approval;
b. Staff analysis > Council discussion > C/C discussion > Council direction > staff prep of final documents and Council approval;
c. Council & C/C joint study session discussion > staff analysis > Council direction > staff prep of final documents and Council approval.

The LAC process followed option 1a; the OSPAC and EDC process followed option 1c.

The City Manager is seeking Council input on which process to undertake for the remaining C/C’s. Note that the Council could select a different process for each C/C, catered to each C/C’s current situation.

2. Does the Council wish to establish a new City Council ad-hoc subcommittee to develop survey questions for each remaining Committee / Commission to facilitate the review and recommendations for charter updates? Alternatively, does the Council want to identify a uniform list of charter-related questions/topics for staff analysis and C/C discussion before Council direction? Identifying a uniform list of questions/topics, such as the ones listed below, could help bring structure and limitations to the work to be done. 6 Packet Pg. 112
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a. While wholesale revisions to C/C’s purpose are not being requested, what focused suggestions to amend the Council-directed scope of responsibility can be made, particularly to align with the City’s Strategic Plan? b. Does the C/C have the correct number of members, considering quorum and/or recruitment challenges (if any) and representation?
c. Are there other challenges consistently encountered with the C/C’s areas of responsibility?

3. Should the review process include staff work related to updating numerous administrative aspects of the C/C advisory system? There are potential improvements to administering the C/C advisory system that could be studied and implemented concurrent with the charter review process. Some of these work items would be more staff intensive than others, but also could help achieve better process efficiencies moving forward. These include:
a. Update the C/C Handbook;
b. Revisit the recruitment timelines and term expirations for C/Cs to increase recruitment efficiencies;
c. Revisit the purpose and structure of Council liaisons to C/Cs; d. Address a process and timeline for annual progress reports from C/Cs and annual C/C workplan approvals by Council;
e. Address allowing virtual C/C meetings (dependent on state law, meeting room/technology, etc.);
f. Clarify training expectations and budget for C/C members (e.g., mandatory ethics and Brown Act training, other professional development)

4. Should the review process continue to be phased with one or two C/Cs at a time and, if so, in what order? Alternatively, are there some C/Cs that may only warrant a limited and quicker review, such as a focused review of the number of members and representation? As described in #1 above, reviewing charters for every C/C is likely to be time consuming. Given the many workplan priorities, undertaking these reviews one or two at a time, or limited reviews, may make the most sense. If the Council agrees with this approach, the City Manager recommends the following preliminary schedule:
• By end of June, 2025: BAC and EPSC charters review;
• By end of December, 2025: PBR and PC charters review.

Consideration of Further Amendments to LAC Charter
Summary of Library Advisory Committee (LAC) Review Process and Charter Update The Library Advisory Committee (LAC) was established by Resolution No. 02-2016 adopted by the City Council on January 11, 2016. The LAC serves in an advisory capacity to staff and their feedback assisted staff in making key recommendations to the City Council regarding the New Pacifica Library Project. The Library Advisory Committee convened its first meeting on July 27, 2016 and met regularly on the second Wednesday of each month at 6:30 PM until January 8, 2020, prior to the emergence of the COVID-19 pandemic and had not convened a meeting through the date that staff undertook a review of the LAC charter as directed the City Council’s Work Plan item.

At its inception, the LAC was established as a 14-member committee with membership 6 Packet Pg. 113
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consisting of two categories: (1) nine members selected by other bodies / stakeholder groups:
the City’s Economic Development Committee, PB&R Commission, Planning Commission, Pacifica Library Foundation, Pacifica Friends of the Library, Pacifica School District, Jefferson Union High School District, Pacifica Chamber of Commerce and a position to be determined from a Citizens Bond Oversight Committee (which would be established if a bond measure is passed for the library construction funding); and (2) up to five at-large community members appointed by Council to represent segments of the community, including families with children, seniors, Sharp Park Area residents, service organizations and environmental organizations.

In the recently adopted 2023-2030 Pacifica Strategic Plan, the City Council identified the Strategy to “Pursue planning and financing for the Library projects” as part of the Goal to “Improve and steward City infrastructure, streets and facilities.” In addition, since 2020, the City has continued work related to the Library projects, with the City Council identified scope of work as:

Continue to inform the community about the advantages of a New Sharp Park Library & Renovated Sanchez Library to gain support for a future bond measure to fund construction of the project. Apply for grant opportunities as feasible.

Expand services at Sanchez Library through installation of a library vending machine.

The duties and purpose of the LAC have been confirmed as the following in Resolution No. 67- 2023 and are recommended in the proposed Resolution with no amendment:

1. Increase project transparency by holding meetings open to the community and in compliance with Brown Act requirements.

2. Assist City staff by providing feedback on various elements of the project such as project priorities, direction, and selection of professional consultants as needed.

3. Facilitate communication between the City and community in various ways including engaging in public outreach to solicit feedback and opinions on the Library Project.

At the August 28, 2023 meeting, City Council appointed seven at-large members to the LAC and directed staff to conduct a further recruitment for up to two additional members targeting youth under the age of 18. Following that recruitment, at the October 23, 2023 City Council meeting, City Council appointed two youth members to the LAC as at-large, voting members each for a one-year term ending October 2024.

Upon term expirations, staff conducted a recruitment for at-large voting members for the two expiring terms and Council appointed two youth members and directed staff to designate two of the nine voting member positions on the LAC for youth under the age of 18.

Recommendations for Membership Amendments to the LAC
Based on direction expressed by City Council during the appointment process taken with respect to the LAC at the August 28, 2023, October 23, 2023 and October 14, 2024 City Council meetings, staff has proposed amendments to the LAC charter as highlighted in the redline version of Exhibit A to the proposed Resolution included as Attachment B. A clean version of the proposed amended charter is attached as Exhibit A in the proposed Resolution. The changes can be summarized as follows:

1. Size of Committee:

Amend the number of voting member positions from a range of 7 to 9 to a total of 9. Of these 9 voting positions, 7 will be for at-large members appointed by Council from a broad cross-section of the community as further described in Exhibit A and 2 will be designated 6 Packet Pg. 114
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for youth under the age of 18 each for a one-year term to expire in October of each year.

Amend to include additional detail regarding the three to five non-voting ex-officio members to list the five designated groups specified by Council: Pacifica Friends of the Library, Pacifica School District, Jefferson Union High School District, Pacifica Families’ Club, and Seniors In Action.

2. Duties: No amendments have been made to the duties.

3. Length of Terms:

Terms and General Provisions section is proposed to be amended to specify terms for youth members to be one-year terms to expire in October of each year and terms for atlarge members shall be for four-year terms unless otherwise designated at the committee’s inception to create staggered terms.

Council may wish to consider further discussion or direction regarding the designated groups for non-voting ex-officio members. To date, the Pacifica Families Club and Pacifica School District have designated representatives as ex-officio members, but the Pacifica Friends of the Library has occasionally directed a member to attend LAC meetings but has not designated a specified representative to attend regular LAC meetings, and the Jefferson Union High School District and Seniors in Action have not designated a member as the ex-officio representative to LAC.

ALTERNATIVE ACTION:

The City Council may provide direction to staff to specify an alternate process for the continuation of the charter review process for C/C’s. The Council may decline to appoint a new City Council ad-hoc subcommittee related to charter review questions for C/C’s. The City Council may make modifications to the LAC duties, membership, terms, or general provisions as it deems appropriate.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Goal 5 “Broaden Public Communications and Collaboration” – Work Plan Item 5.4.2 “Complete review and update to Council Advisory Committee / Commission Charters” FISCAL IMPACT:

The recommended action has no direct fiscal impact.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Proposed Library Advisory Committee Charter as amended - Clean (PDF) Attachment B: LAC Amended Membership - Youth_REDLINE (PDF) 6 Packet Pg. 115
Pacifica City Council 9
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RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA RESCINDING RESOLUTION NO. 67-2023 AND AMENDING THE CHARTER OF THE

LIBRARY ADVISORY COMMITTEE
WHEREAS, on November 23, 2015, the City Council directed staff to move forward with several actions toward constructing a new Pacifica Library including creation of a Library Advisory Committee (LAC); and
WHEREAS, on January 11, 2016, the City Council adopted Resolution No. 02-2016 creating the Library Advisory Committee (LAC) and establishing the duties, membership and general provisions of the committee; and
WHEREAS, on June 26, 2023, the City Council adopted Resolution No. 67-2023 rescinding Resolution No. 02-2016 and amending the Charter of the Library Advisory Committee (LAC) including its comprised membership; and WHEREAS, the LAC serves in an advisory capacity to staff and their feedback assists staff in making key recommendations to the City Council regarding the Pacifica Libraries Project; and
WHEREAS, the City Council directed staff to conduct a targeted recruitment for LAC membership to include youth members under the age of 18 and the Council appointed two youth members under the age of 18 to at-large voting members positions on the LAC in October 2023 each to a one-year term; and
WHEREAS, the City Council reviewed the participation by youth under the age of 18 appointed as at-large members of the LAC following one-year of participation at the time of those terms expiring and directed staff to propose amending the membership of the LAC to specifically designate two (2) voting positions for youth under the age of 18; and WHEREAS, no amendments will be made to the LAC purpose and duties as established in Resolution No. 67-2023; and
WHEREAS, the LAC shall be comprised of nine (9) voting members appointed by City Council and three (3) to five (5) non-voting ex-officio members as appointed by stakeholder groups designated by City Council; and
WHEREAS, the LAC will be attended to by the City Manager or designee and a Council Liaison (or designated Council Liaison Alternate) as selected by City Council; and WHEREAS, City Council direction and actions with respect to LAC membership, terms, and general provisions discussed in the process of appointments to the LAC are reflected in the amended provisions in Exhibit A;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica does hereby authorize the change in membership of the Library Advisory Committee (LAC) from a body consisting of 7 to 9 at-large community members and 3 to 5 non-voting ex-officio 6 Packet Pg. 116
Pacifica City Council 10 January 27, 2025
members to a body of 9 voting members appointed by City Council, including 2 youth members under the age of 18 and 7 at-large community members from a broad cross-section of the community, and 3 to 5 non-voting ex-officio members and to specify membership terms as provided in Exhibit A.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 27th day of January, 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 6 Packet Pg. 117
Pacifica City Council 11 January 27, 2025

EXHIBIT A
6 Packet Pg. 118
RESOLUTION NO. ___-2025

EXHIBIT A
Pacifica Library Advisory Committee
Duties
The Library Advisory Committee (LAC) shall:

1. Increase project transparency by holding meetings open to the community and in compliance with Brown Act requirements.

2. Assist City staff by providing feedback on various elements of the project such as project priorities, direction, and selection of professional consultants as needed.

3. Facilitate communication between the City and community in various ways including engaging in public outreach to solicit feedback and opinions on the Library Project.

Membership
The LAC shall be comprised of nine (9) voting members and three (3) to five (5) non-voting ex-officio members. The 9 voting members will be appointed by City Council to consist of seven (7) at-large community members from a broad cross-section of the community, including representatives from key stakeholder groups as listed below, and two (2) youth members under the age of 18.

At-Large Members may be appointed by Council to represent the following segments of the community:
 Families with children
 Seniors
 Sharp Park resident
 Service Organizations
 Environmental Organizations
At-Large Members may also be appointed by Council from the following key stakeholder groups:
 Planning Commission
 Economic Development Commission
 Parks, Beaches, and Recreation Commission
Ex-Officio Members shall be selected by the designated group, with Council designating the following exofficio stakeholder groups:
 Pacifica Friends of the Library
 Pacifica School District
 Jefferson Union High School District
 Pacifica Families’ Club
 Seniors In Action
Terms and General Provisions
Members of the LAC shall be appointed by the City Council to represent a broad cross-section of the community. The LAC may include representatives from other City commissions or committees and/or community groups and key stakeholder groups listed above. Terms for youth members shall be one-year terms to expire in October of each year. Terms for at-large members shall be for four-year terms with October term expirations, unless otherwise designated at the committee’s inception to create staggered terms. No compensation is awarded to members for their services. When the specific purpose for the Committee is accomplished, or no later than one year after a newly constructed library opens, the Committee will be disbanded unless extended by action of the City Council.

6.a
Packet Pg. 119 Attachment: Attachment A: Proposed Library Advisory Committee Charter as amended - Clean (5839 : Commission Committee Charter Review RESOLUTION NO. ___-2025
Committee. One Councilmember shall be appointed by the City Council as Committee liaison and one Councilmember may be designed as the Alternate liaison.

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

The Council may remove at any time by majority vote any committee member.

6.a
Packet Pg. 120 Attachment: Attachment A: Proposed Library Advisory Committee Charter as amended - Clean (5839 : Commission Committee Charter Review

EXHIBIT A (REDLINE)
Pacifica Library Advisory Committee
Duties
The Library Advisory Committee (LAC) shall:

1. Increase project transparency by holding meetings open to the community and in compliance with Brown Act requirements.

2. Assist City staff by providing feedback on various elements of the project such as project priorities, direction, and selection of professional consultants as needed.

3. Facilitate communication between the City and community in various ways including engaging in public outreach to solicit feedback and opinions on the Library Project.

Membership
The LAC shall be comprised of nine (9) voting members and three (3) to five (5) non-voting ex-officio members. The 9 voting members will be appointed by City Council to consist of seven (7) to nine (9) atlarge community members from a broad cross-section of the community, including representatives from key stakeholder groups as listed below, and two (2) youth members under the age of 18. three (3) to five (5) non-voting ex-officio members.

At-Large Members shall may be appointed by Council selected to represent the following segments of the community:
 Families with children
 Seniors
 Sharp Park resident
 Service Organizations
 Environmental Organizations
 Youth
At-Large Members may also be appointed by Council selected from the following key stakeholder groups:
 Planning Commission
 Economic Development Commission
 Parks, Beaches, and Recreation Commission
 Pacifica Friends of the Library
 Pacifica School District
 Jefferson School District
Ex-Officio Members shall be selected by the designated group, with Council designating the following exofficio stakeholder groups:
 Pacifica Friends of the Library
 Pacifica School District
 Jefferson Union High School District
 Pacifica Families’ Club
 Seniors In Action
Terms and General Provisions
Members of the LAC shall be appointed by the City Council to represent a broad cross-section of the community. The LAC may include representatives from other City commissions or committees and/or community groups and key stakeholder groups listed above. Terms for youth members shall be one-year terms to expire in October of each year. Terms for at-large members shall be for four-year terms with October term expirations, unless otherwise designated at the committee’s inception to create staggered terms. No compensation is awarded to members for their services. When the specific purpose for the

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Committee is accomplished, or no later than one year after a newly constructed library opens, the Committee will be disbanded unless extended by action of the City Council.

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

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

The Council may remove at any time by majority vote any committee member.

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/27/2025
1 SUBJECT:

Additional 2025 City Council Liaison and Committee Assignments RECOMMENDED ACTION:

Review the updated list of City Council Liaison and Committee Assignments, make additional appointments, as needed, for the calendar year 2025, and approve the final list.

STAFF CONTACT:

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

Each year the City Council determines which of its members will represent the City in relation to a variety of regional agencies, Joint Powers Authorities, boards, committees, commissions and community organizations. In some cases, the assigned Council member is a voting member of the body; in others, they serve as a liaison between the designated group and the City. In all cases, the Council member acts on behalf of the full Council and represents a majority viewpoint on matters that directly affect the City of Pacifica. Council members serving as representatives to these groups report back on activities during regularly scheduled Council meetings.

The assignments are typically reviewed and updated in January of each year to reflect changes associated with Council reorganization conducted in the previous December. The Council reviewed the list at the regular meeting of the City Council held on January 13, 2025 and made assignments to most of the agencies / bodies listed.

Attachment A shows the updated 2025 City Council Liaison and Committee Assignments for the calendar year 2025 as determined by Council at the January 13, 2025 meeting. The list includes a column to indicate the Council liaison’s role on the specified body / committee, indicating whether the role is as a voting member, a liaison to observe and/or provide information in an advisory capacity from the City, or as a Council liaison to a City Committee or Commission. Attachment B includes additional meeting information, descriptions of each committee and weblinks for additional information on each body where applicable for outside agencies.

Please note that some committees have alternates while others do not. The ultimate decision on all assignments (except those made by C/CAG or other legislative bodies / agencies as noted) is at the Council's discretion. Council representatives should be determined in compliance with California’s Ralph M. Brown Act. The Council may choose to appoint one primary representative as the liaison and one alternate to a City committee or commission where the decision is at the Council’s discretion.
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Pacifica City Council 2
January 27, 2025
Council is asked to discuss and determine the liaison assignments for 2025 for those agencies that were left unassigned at the January 13, 2025 meeting. The following agencies were not yet assigned a Council liasion or alternate for 2025:
1) Colma Creek Flood Control Citizens Advisory Committee 2) Fog Fest Committee Liaison
3) City of Pacifica Emergency Preparedness & Safety Commission - Council liaison alternate 4) City of Pacifica Open Space & Parkland Advisory Committee - Council liaison alternate 5) San Mateo County Shared Prosperity Council (formerly San Mateo County Recovery Council) - note that for this body, it is indicated that this is a County appointed position, so the Council may choose to discuss interest in participation by a Council liaison, but an assigned member may be subject to the County's discretion Council may leave the alternate unassigned, as the alternate is designated to attend the meeting(s) upon the primary liaison's absence.

FISCAL IMPACT:

None.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: 2025 Council Liaison Assignments updated from 1/13/2025 (PDF) Attachment B: Committee Descriptions - updated (PDF)
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AGENCY Council Representative(s) Council Alternate Role Meeting information ** Weblink ABAG General Assembly Delegate WRIGHT BECKMEYER Voting Delegate late May / early June annual meetings; 9am- 3pm https://abag.ca.gov/meetings Airport Community Roundtable BOLES Voting Member 1st Wednesday 7:00pm, Millbrae Chetcuti Center https://sforoundtable.org/ C/CAG Representative BECKMEYER WRIGHT Voting Member
2nd Thursday, 6:30 pm SMC Transit District,1250 San Carlos Ave., 2nd Floor Auditorium, San Carlos www.ccag.ca.gov
Colma Creek Flood Control Citizens Advisory Committee Voting Member 2nd Tuesday of the Month (Quarterly) 3pm - 5pm; Colma Town Hall, 1198 El Camino Real, Colma2025 Meeting Dates: March 11, 2025; June 10, 2025; Sept. 9, 2025; Dec. 9, 2025 https://oneshoreline.org/public-meetings/Filter on Colma Creek Citizens Advisory Committee meetings Emergency Services Council SMC BOLES WRIGHT Voting Member 3 times yearly; Jan., May, Sept. 5:30 p.m. 3rd Thursday 5:30pm https://www.smcgov.org/ceo/emergency-management- governanceFog Fest Committee Liaison City Liaison 3rd Wednesday each month https://pacificcoastfogfest.com/about-us/ Housing Endowment and Regional Trust (HEART) - Member Agency Committee (MAC) BIER BOLES Voting Member 1-2 Times a year for budget review https://www.heartofsmc.org/Housing Our People Effectively (HOPE) - Inter Agency Council (IAC) BIER BOLES Voting Member Qtrly 10a.m. - 400 Harbor Blvd. Bldg. B, Belmont https://www.smcgov.org/hsa/san-mateo-county-hope- interagency-councilNorth County Fire Authority JPA ESPINOSA & WRIGHT Voting Member As announced (annually in May) https://northcountyfire.org/North Coast County Water District (NCCWD) BECKMEYER City Liaison (observe only) 3rd Wednesday 7:00pm at Sharp Park Restaurant, 2600 Francisco Blvd, Pacifica https://www.nccwd.comPacifica Community Television ESPINOSA BIER Voting Member 3rd Thurs 7:30pm at 580 Crespi Dr, Unit E, Pacifica (or Virtual) http://pacificcoast.tv/Pacific Beach Coalition BOLES ESPINOSA City Liaison (Non- Voting) 2nd Tuesday 6:00 p.m. Pacifica Library https://www.pacificbeachcoalition.org/Pacifica Resource Center WRIGHT BOLES City Liaison (Non- Voting) 2nd Wednesday 7:00pm, Pacifica Resource Center, 1809 Palmetto Ave. (or Zoom) Jan, March, May, July, Sept, Nov https://www.pacresourcecenter.org/ Pacifica School Volunteers BIER BECKMEYER Voting Member Meets Quarterly - Linda Mar Education Center http://psv.sanmateo.org/ Peninsula Clean Energy JPA BOLES WRIGHT Voting Member
4th Thurs 6:30 pm SMC Office of Education, 101 Twin Dolphin Drive, Redwood City, CA 94065 https://www.peninsulacleanenergy.com/
Peninsula Congestion Relief Alliance (Commute.org) BIER BECKMEYER Voting Member As Announced - quarterly 8am (2024 Board of Director Mtgs: 3rd Thursdays at 8am) https://commute.org/SMC JPA Advanced Life Support / Pre-Hospital Emergency WRIGHT BOLES Voting Member Meets Quarterly SMC Library JPA BIER BECKMEYER Voting Member
1st Mon. in Feb., April, June, Nov.; 8:15am - Library Administration, 125 Lessingia Court, San Mateo https://smcl.org/jpa-governing-board/
* Local Agency Formation Commission (LAFCO) WRIGHT n/a
Voting Member
(term expiring May
2027)
3rd Wednesday odd # months, Redwood City - Board of Supervisors Chambers, 500 County Center, Redwood City https://www.smcgov.org/lafcoSelected by the City Selection Committee. Greg Wright was appointed 1/13/2025 to the term expiring May 2027. * C/CAG Bicycle and Pedestrian Advisory Committee BIER n/a Voting Member 4th Thurs. Alternate Months (Jan,Mar,May,Jul,Sept,Oct) 7pm www.ccag.ca.gov

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Attachment: Attachment A: 2025 Council Liaison Assignments updated from 1/13/2025 (5840 : Additional AGENCY Council Representative(s) Council Alternate Role Meeting information ** Weblink * C/CAG Legislative Committee n/a n/a Voting Member 2nd Thursday of the month www.ccag.ca.gov* C/CAG Resource Management & Climate Protection Committee (RMCP) BECKMEYER n/a Voting Member 3rd Wednesday of the month (as needed) at 3:00 p.m., San Mateo at 155 Bovet Rd. or Redwood City at County Center www.ccag.ca.gov
* Housing Endowment and Regional Trust (HEART) - Regular Member Board of Directors BIER n/a Voting Member
(term expiring Feb.
29, 2028)
https://www.heartofsmc.org/Regular members of HEART are selected by the City Selection Committee. Councilmember Bier was appointed 1/13/2025 to the term expiring 2/29/2028. *LCC Coastal Cities Group (CCG) Leadership Committee, North Central Representative & Chair (through mm/dd/yyyy) BECKMEYER n/a Voting Member As announced
https://www.calcities.org/get-involved/coastal-cities-groupThe Coastal Cities Group Leadership Committee consists of one elected official and their respective city manager, or their staff designee, from each of the six regions within the coastal zone. Sue Beckmeyer is the 2022 Vice Chair and represents North Central Coast region. Terms run annually and expire Dec. 31. Applications / selections occur annually. * San Mateo County Shared Prosperity Council (formerly San Mateo County Recovery Council) Advisory Member
(County appointed) Monthly https://www.smcgov.org/about-recovery-initiative CITY OF PACIFICA COMMITTEES / COMMISSIONS:Beautification Advisory Committee ESPINOSA BECKMEYER Council Liaison to City Committee 1st Wednesday 6:30pm Community Development Engineering Building, 1800 Francisco Blvd, Pacifica https://www.cityofpacifica.org/government/commissions- committeesEconomic Development Committee ESPINOSA & BIER Council Liaison to City Committee 2nd Tues., 6pm at Community Development Engineering Building, 1800 Francisco Blvd, Pacifica https://www.cityofpacifica.org/government/commissions- committees Emergency Preparedness & Safety Comm. BOLES Council Liaison to City Committee 3rd Wednesday 6:30pm Pacifica Police Station https://www.cityofpacifica.org/government/commissions- committees Library Advisory Committee BECKMEYER BOLES Council Liaison to City Committee 2nd Wednesday 6:30 p.m. Pacifica Sharp Park Library, 104 Hilton Way, Pacifica https://www.cityofpacifica.org/government/commissions- committeesOpen Space Parkland Advisory Committee WRIGHT Council Liaison to City Committee 3rd Wednesday 6 p.m. Community Development Engineering Building, 1800 Francisco Blvd, Pacifica https://www.cityofpacifica.org/government/commissions- committeesAbbreviations:

SMC: San Mateo County
Rev. 1-13-2025
* Representative selected by listed Agency not City CouncilABAG: Association of Bay Area Governments LCC: League of California CitiesC/CAG: City and County Association of Governments JPA: Joint Powers Authority** Meeting information for meetings of each body should be confirmed based on the published meeting agendas / agency website

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Attachment: Attachment A: 2025 Council Liaison Assignments updated from 1/13/2025 (5840 : Additional Objectives / Weblink Additional Information
https://abag.ca.gov/meetingsABAG is a voluntary membership and advisory organization with limited statutory authority. An elected official from each of the nine counties and 101 member cities and towns serves as a delegate to its General Assembly, which determines policy annually, adopts the annual budget and work program, and reviews the policy actions of ABAG's Executive Board. ABAG convenes its General Assembly once every year in April. Conference attendees include Bay Area elected officials, civic and business leaders, and researchers from leading academic institutions to identify and address land use planning, sustainability, and other policy issues that impact the entire region.which encourages local businesses to adopt sustainable methods to conserve resources. https://abag.ca.gov/meetings
https://sforoundtable.org/A committee of elected officials that addresses community noise impacts from aircraft operations at San Francisco International Airport (SFO.) James A. Castañeda, AICP Program Coordinator
SFO Airport/Community Roundtable
Email: [email protected]
San Mateo County Planning and
Building Department
455 County Center, 2nd Floor |
Redwood City, CA 94063 | 650-363-
1853
https://sforoundtable.org/
City of Pacifica CommitteeEngages public and civic groups to assist with city-owned sites in need of 'beautification', solicits sponsors for "Adopt a Median Strip" projects and implements annual 'Mayor's Beautification Awards Program' 2nd Thursday, 6:30 pm
SMC Transit District
www.ccag.ca.govCity/County Association of Governments of San Mateo County works on issues that affect the quality of life in general; transportation, air quality, stormwater runoff, airport/land use compatibility planning, hazardous waste, climate planning, energy and water resource strategies, and solid waste and recycling. www.ccag.ca.govMima CrumeEmail: [email protected] of the Board / EACity County Association of Governments555 County Center, 5th FloorRedwood City, CA 94063(650) 599-1406 - Office https://oneshoreline.org/public-meetings/The Colma Creek Citizens Advisory Committee is an advisory body to the Board of Directors of the San Mateo County Flood and Sea Level Rise Resiliency District (also known as OneShoreline for short). Pacifica, being in the Colma Creek watershed, appoints one member to the committee.The Colma Creek Flood Control Zone was created in 1964 to construct flood control facilities in Colma Creek to alleviate flooding in the City of South San Francisco. The nine members appointed by the Board of Supervisors, after nomination by the city councils of the Flood Control Zone, are required to be property owners within the zone (one each must be from the cities of South San Francisco, Daly City, San Bruno, Colma and Pacifica). 2nd Tuesday of the Month (Quarterly)
3:00 PM - 5:00 PM
City of South San Francisco
Corporation Yard Conference Room
550 North Canal Street, South San
Francisco, CA 94080
Contact: Makena Wong - email:
[email protected]
https://www.smcconnect.org/locations/colma-creekflood-control-zone-advisory-committeeof-san-mateo-county AGENCY Meeting information
ABAG General Assembly Delegate April, November meetings; 9am - 3pm Airport Community Roundtable 1st Wednesday 7:30 pm various locations Beautification Advisory Committee
1st Wednesday 6:30pm
1800 Francisco Blvd., Pacifica Civic
Center / CDE Bldg
Colma Creek Flood Control Citizens Advisory Committee
2nd Tuesday of the Month (Quarterly)
3:00 PM - 5:00 PM
Colma Town Hall, 1198 El Camino
Real, Colma, CA
C/CAG Representative
2025 City Council Liaison and Committee Descriptions and Meeting Information

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Attachment: Attachment B: Committee Descriptions - updated (5840 : Additional 2025 City Council AGENCY Meeting information Objectives / Weblink Additional Information City of Pacifica CommitteeThe EDC seeks to support the development of current local businesses and their interface with the City of Pacifica, improve aging business districts, and bring new businesses to Pacifica. City of Pacifica CommissionThe Emergency Preparedness & Safety Commission recommends and advises the city council on programs and activities related to emergency preparedness as well as sits as the appellate body for appeals relating to abandoned/ inoperable vehicles, vehicles parked 72 hours or more and appeals of staff decisions relating to traffic safety issues. http://hsd.smcsheriff.com/emergency-services-councilThe Emergency Services Councils collective goal is to provide coordinated plans for the protection of persons and property based on the five phases of emergency management, prevention, protection, response, recovery and mitigation; and support existing regional Public Information and Notification systems to include SMC Alert and TENS, as well as other Situational Awareness Tools; and, to continue to support the regional hazardous materials emergency response program. http://hsd.smcsheriff.com/emergencyservices-council
Contact: Rosalinda Jen - email:
[email protected]
https://pacificcoastfogfest.com/about-us/Assists with the coordination of the Fog Fest Organizing Group (FFOG) in the months preceding the late September street fair on Palmetto. https://pacificcoastfogfest.com/aboutus/
Contact: Kathy Johnson - Email:
[email protected]
https://www.heartofsmc.org/HEART is a Joint Powers Authority of all cities in the County that holds a housing trust fund to finance the construction and rehabilitation of homes affordable to our middle– and low–income workforce, as well as our seniors and other fixed-income residents.Agencies such as HIP Housing, Health and Human Services Agency meet and share information about community efforts to prevent and end homelessness, workforce housing projects, shared informaon about upcoming events and shared ideas to address common challenges investigating and planning strategic opportunities for shared services and evaluating ways in which we can find efficiencies and cost savings among each agency. https://www.heartofsmc.org/
Boris Vatkin, Senior Program
Manager, email:
[email protected]
Armando Sanchez, Executive Director,
email: [email protected]
https://www.smcgov.org/hsa/san-mateo-county-hope-interagency-councilThe HOPE Interagency Council meets regularly to share information about community efforts to prevent and end homelessness. https://www.smcgov.org/hsa/san-mateocounty-hope-interagency-council City of Pacifica CommitteeServes an advisory capacity to City staff on the New Pacifica Library project https://northcountyfire.org/This Authority serves Brisbane, Daly City and Pacifica providing cost-effective and efficient delivery of emergency and non-emergency services to the member and contract communities with potential for cooperative agreements with other agencies. https://northcountyfire.org/
City of Pacifica CommitteeThe primary objectives of the committee are to make recommendations to the City Council on 1) the policy and procedures of the National Park Service as they relate to areas of the GGNRA within the City of Pacifica and adjacent communities, 2) issues surrounding the transfer of ownership of Cattle Hill and the Pedro Point Headlands to the NPS, 3) access and operation of the San Mateo County Parks in the City of Pacifica including San Pedro Valley County Park and the Devil's Slide Trail County Park, and 4) ways in which these areas can contribute to the economy of the City. http://pacificcoast.tv/Pacific Coast TV’s mission is to ensure access to electronic media by promoting effective community uses media. An informed and interconnected community is a healthy community. PCTV televises and provides video recordings of Pacifica City Council, Planning Commission and other City meetings upon request. http://pacificcoast.tv/ North County Fire Authority JPA As announced (annually in May) Emergency Services Council San Mateo County
3 times yearly; Jan., May, Sept.
5:30 pm
3rd Thursday
Fog Fest Committee Liaison 3rd Wednesday each month*Housing Endowment and Regional Trust (HEART) - Member Agency Committee (MAC) 1-2 Times a year for budget review
Housing Our People Effectively (HOPE) - Inter Agency Council (IAC) Quarterly 10am - 400 Harbor Blvd.

Bldg. B, Belmont
Open Space Parkland Advisory Committee
3rd Wednesday 6 pm
1800 Francisco Blvd., Pacifica Civic
Center / CDE Bldg
Pacifica Community Television
3rd Thursday 7:30 pm
580 Crespi Drive, Unit E, Pacifica
(or Virtual)
Library Advisory Committee 2nd Wednesday 6:00 pm Sharp Park Library Community Rm Economic Development Committee
2nd Tuesday, 6pm
1800 Francisco Blvd., Pacifica Civic
Center / CDE Bldg
Emergency Preparedness & Safety Commission
3rd Wednesday 6:30 pm
Pacifica Police Station

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Attachment: Attachment B: Committee Descriptions - updated (5840 : Additional 2025 City Council AGENCY Meeting information Objectives / Weblink Additional Information 2nd Tuesday 6:00 pm
Pacifica Library
https://www.pacificbeachcoalition.org/The Pacifica Beach Coalition is dedicated to preserving the ocean, coastal habitat and wildlife, and ending litter, through advocacy, education, community building, and citizen action. https://www.pacificbeachcoalition.org/https://www.pacresourcecenter.org/PRC's mission is to support the economic security of Pacifica families and individuals by providing a safety net of food, housing assistance, and other critical services, including coaching, advocacy, information, and referral. https://www.pacresourcecenter.org/http://psv.sanmateo.org/Pacifica School Volunteers (PSV) is a registered 501(c) educational non-profit organization devoted to recruiting, training, and placing adult and high-school volunteers in Pacifica’s public schools in order to help with literacy, math and a host of other subject areas to support and nurture a love of learning in Pacifica’s public schools http://psv.sanmateo.org/https://www.peninsulacleanenergy.com/Provision of electricity generation from renewable resources such as solar and wind for the County of San Mateo and its 20 incorporated cities Nelly Wogberg
Board Clerk
[email protected]
Direct: 650-260-0111
Cell: 650-350-9514
https://www.peninsulacleanenergy.com
/
https://commute.org/Commute.org (formally the Peninsula Traffic Congestion Relief Alliance) is a public joint powers agency that manages transportation demand in San Mateo County, California, United States. It operates a shuttle bus network that supplements SamTrans's fixed-route and shuttle system. The agency is funded and maintained by various local governments and private businesses within the county.

John Ford
Executive Director, Commute.org
Ph: 650-588-8170 | E:
[email protected]
https://commute.org/
jpamedicalservicesgroup.orgJPA is made up of Cities of Brisbane, Burlingame, Daly City, Foster City, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, Belmont Fire Protection District, Coastside Fire Protection District, Colma Fire Protection District, County of San Mateo, Menlo Park Fire Protection District, and Woodside Fire Protection District to provide advanced life support services with American Medical Response West (AMR), paramedic services and pre-hospital medical services Elizabeth Solis
Executive Management Analyst, Office
of Fire Chief
San Mateo County Pre-Hospital
Emergency Medical Services Group

ALS JPA
25 Park Place, Suite B, Brisbane, CA
94005
Email: [email protected]
Phone: (650) 407-1665
https://smcl.org/jpa-governing-board/Operation of library services for each member agency, including physical and digital collections, free internet access, access to public computers, hosting of cultural events, outreach services, bookmobile, and special programs. (Each member agency maintains its own library facilities.) Karina Labrenz
Executive Secretary
San Mateo County Library
125 Lessingia Court
San Mateo, CA 94402
650-312-8822
[email protected]
https://smcl.org/jpa-governing-board/
Peninsula Congestion Relief Alliance (Commute.Org)
As Announced (For 2025 Board of
Directors Mtgs - 3rd Thursdays: Feb.
20, 2025 at 8am; Apr. 17, 2025 at 8am;
June 19, 2025 at 8am; then TBD)
SMC JPA Advanced Life Support / PreHospital Emergency Medical Services Group Meets Quarterly
SMC Library JPA
Pacifica Beach CoalitionPeninsula Clean Energy JPA
4th Thursday 6:30 pm SMC Office of
Education, 101 Twin Dolphin Drive,
Redwood City
Pacifica Resource Center
1st Monday in Feb., May, June, Sept.,
Nov.
2nd Wednesday 7:00pm
Pacifica Resource Center
1809 Palmetto Ave.
(or Virtual)
Pacifica School Volunteers Meets Quarterly - Linda Mar Education Center

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Attachment: Attachment B: Committee Descriptions - updated (5840 : Additional 2025 City Council AGENCY Meeting information Objectives / Weblink Additional Information https://www.smcgov.org/lafcoSan Mateo Local Agency Formation Commission (LAFCo) is an independent commission with jurisdiction over the boundaries of the 20 cities, 22 independent special districts, and many of the 33 active county-governed special districts serving San Mateo County. State-mandated, independent agency with countywide jurisdiction over changes in organization and boundaries of cities and special districts including annexations, detachments, incorporations and formations. https://www.smcgov.org/lafco
www.ccag.ca.govThe Bicycle and Pedestrian Advisory Committee (BPAC) provides advice and recommendations to the C/CAG Board of Directors on matters relating to bicycle and pedestrian improvement projects. The BPAC advises the C/CAG Board on priority projects for funding through the Transportation Development Act Article 3 grant program and the One Bay Area Grant program. www.ccag.ca.gov
www.ccag.ca.govThe Congestion Management and Environmental Quality Committee (CMEQ) provides advice and recommendations to the C/CAG Board of Directors on all matters relating to traffic congestion management, travel demand management, coordination of land use and transportation planning, mobile source air quality programs, energy resources and conservation, and other environmental issues facing the local jurisdictions in San Mateo County. Composed of 9 elected seats, plus one seat each from the following: business community; environmental community; agencies with transportation interests; SamTrans; Caltrain; Metropolitan Transportation Commission; and one general public member. www.ccag.ca.gov
www.ccag.ca.govThe Legislative Committee provides advice and recommendations to the full C/CAG Board on all matters dealing with State legislation, ballot measures, and positions to take on specific bills. During the active legislative year (January through August) the Committee monitors bills of potential interest to C/CAG member agencies and selects those to be tracked. The Committee then recommends positions on bills for consideration by the full C/CAG Board and acts as the liaison with C/CAG’s legislative advocating firm. www.ccag.ca.gov
www.ccag.ca.govThe Resource Management and Climate Protection Committee (RMCP)…. www.ccag.ca.govhttps://www.calcities.org/get-involved/coastal-cities-groupThe CCG Leadership Committee consists of one elected official and their respective city manager, or their staff designee, from each of the six regions within the coastal zone. The CCG was created by the Cal Cities Board of Directors in November 2006 as a forum for cities within the coastal zone to discuss coastal issues and build a relationship with the California Coastal Commission. To assist the Chair with fulfilling the goals of coastal cities, the Board created a leadership committee structure consisting of representatives from all over the state. Leadership Committee members, and their staff designees, help facilitate the operations of the CCG, play a key role in its activities, including building relationships with Coastal Commissioners and staff. CCG Leadership Committee Terms run annually and expire Dec. 31. Applications / selections occur annually https://www.calcities.org/getinvolved/coastal-cities-group Originally formed in response to COVID-19 response and recovery efforts. County appointed representatives.

Abbreviations:
*C/CAG Bicycle & Pedestrian Advisory Committee
4th Thursday of the month 7:00 PM
San Mateo City Hall
*C/CAG Legislative Committee
2nd Thursday of the month
5:30 PM
San Mateo County Transit District, San
Carlos
*Local Agency Formation Commission (LAFCO)
3rd Wednesday, odd # months,
Redwood City
*Representative selected by listed Agency not City Council *LCC Coastal Cities Group (CCG) Leadership Committee As announced* San Mateo County Shared Prosperity Council (formerly San Mateo County Recovery Council) Meets Monthly
*C/CAG Resource Management and Climate Protection Committee (RMCP)*C/CAG Congestion Management and Environmental Quality Committee (CMEQ) Meets on last Monday of each month
3:00 PM - 5:00 PM

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Attachment: Attachment B: Committee Descriptions - updated (5840 : Additional 2025 City Council AGENCY Meeting information Objectives / Weblink Additional Information LCC: League of California CitiesSMC: San Mateo CountyABAG: Association of Bay Area GovernmentsC/CAG: City and County Association of Governments
JPA: Joint Powers Authority

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Attachment: Attachment B: Committee Descriptions - updated (5840 : Additional 2025 City Council

Pacifica City CouncilJanuary 27, 2025

Pacifica City Council
January 27, 2025