5.1 Attendance at Meetings by Employees.................................................................. 4
5.2 Access to Work Locations..................................................................................... 5
5.3 Bargaining Unit Represented Employee Contact Information .............................. 5
5.4 Union Access to New Employee Orientation ........................................................ 5 SECTION 6. PAY PLAN............................................................................................................ 6
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6.1 Base Salaries – Bargaining Unit Classifications.................................................... 6
6.2 Salary Schedule Increase ....................................................................................... 6
6.3 Total Compensation Surveys................................................................................. 7
6.4 Salary Schedule Regulations.................................................................................. 7
6.5 Salary for New Unit Members............................................................................... 7
6.6 Conversion of Rates............................................................................................... 7
6.7 Pay Days ................................................................................................................ 7
6.8 Longevity Pay ........................................................................................................ 8
6.9 Recruitment Bonus................................................................................................. 8
6.10 Career Incentive Pay .............................................................................................. 8
6.11 Special Assignment Pay......................................................................................... 9
6.12 Salary Range and Evaluation............................................................................... 10
6.13 Exceptional Contribution Adjustment ................................................................. 11
6.14 Salary upon Transfer or Promotion...................................................................... 11
6.15 Work Out of Classification/Limited Assignment ................................................ 12
6.16 Standby Pay ......................................................................................................... 12 SECTION 7. ANNIVERSARY DATE ..................................................................................... 12 SECTION 8. DAYS AND HOURS OF WORK ....................................................................... 12
8.1 Work Schedule..................................................................................................... 12
8.2 Exchange of On-Duty Time................................................................................. 13 SECTION 9. OVERTIME PAY................................................................................................ 13
9.1 Overtime Pay. ...................................................................................................... 13
9.2 Call Back.............................................................................................................. 14
9.3 Call Back – Court Appearance ............................................................................ 14 SECTION 10. LAYOFF.............................................................................................................. 14
10.1 Authority.............................................................................................................. 14
10.2 Displacement and Reemployment ....................................................................... 14 SECTION 11. HOLIDAYS ......................................................................................................... 15
11.1 Entitlement........................................................................................................... 15
11.2 Observed Holidays............................................................................................... 15
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11.3 Holidays Falling on a Saturday............................................................................ 15
11.4 Holidays Falling on a Sunday.............................................................................. 15
11.5 Holidays Falling on a Unit Represented Employee’s Day Off............................ 15 SECTION 12. VACATIONS....................................................................................................... 16
12.1 Eligibility ............................................................................................................. 16
12.2 Vacation Credits Earned ...................................................................................... 16
12.3 Time Charged....................................................................................................... 16
12.4 Vacation Credits Advance ................................................................................... 16
12.5 Vacation Scheduling and Maximum Accrual ...................................................... 16
12.6 Sick Leave During Vacation................................................................................ 17
12.7 Separation from Service....................................................................................... 17
12.8 Return of Vacation............................................................................................... 17 SECTION 13. SICK LEAVE ...................................................................................................... 17
13.1 Accrual................................................................................................................. 17
13.2 Usage.................................................................................................................... 17
13.3 Incapacity to Perform Duties............................................................................... 18
13.4 Sick Leave at Retirement or Termination............................................................ 18 SECTION 14. LEAVES OF ABSENCE..................................................................................... 18
14.1 Family Illness Leave ............................................................................................ 18
14.2 Family Care & Medical Leave............................................................................. 18
14.2.3 Family Care and Medical Leave To Care for a Covered ..................................... 20
14.3 Pregnancy Disability Leave ................................................................................. 23
14.4 Jury Duty.............................................................................................................. 24
14.5 Military Leave...................................................................................................... 24
14.6 Campaign Leave .................................................................................................. 24
14.7 Leave of Absence Without Pay............................................................................ 24
14.8 Bereavement Leave.............................................................................................. 24
14.9 Absence Without Pay........................................................................................... 25 SECTION 15. HEALTH AND WELFARE................................................................................ 25
15.1 Medical Insurance – City Contributions.............................................................. 25
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15.2 Dental, Orthodontia, and Vision .......................................................................... 26
15.3 Life and Disability Insurance............................................................................... 27
15.4 Domestic Partners Health Benefits...................................................................... 27
15.5 Coverage During Unpaid Leave .......................................................................... 28
15.6 Medical Flexible Spending Account.................................................................... 28
15.7 Dependent Care Flexible Spending Account....................................................... 28
15.8 Wellness Program ................................................................................................ 28
15.9 Commuter Assistance Account............................................................................ 28
15.10 VantageCare Retirement Health Savings Account .............................................. 28
15.11 Participation in Tax-Sheltered Annuities............................................................. 28
15.12 Participation in IRS 457 Deferred Compensation Plan ....................................... 29
15.13 City Contribution to IRS Deferred Compensation Plans..................................... 29 SECTION 16. LABOR MANAGEMENT COMMITTEE ......................................................... 29 SECTION 17. UNIFORM ALLOWANCE................................................................................. 29 SECTION 18. PROBATIONARY PERIOD............................................................................... 29
18.1 Duration ............................................................................................................... 29
18.2 Credit for Time Worked in Temporary, Extra Help, or Provisional Status......... 29
18.3 Transfer to Another Department.......................................................................... 30
18.4 Completion of Probation...................................................................................... 30
18.5 Layoff................................................................................................................... 30
18.6 Termination.......................................................................................................... 30
18.7 Transfer to Same Classification ........................................................................... 30
18.8 Promotion to Higher Classification ..................................................................... 30 SECTION 19. DISMISSAL, SUSPENSION OR DEMOTION FOR CAUSE .......................... 31 SECTION 20. RETIREMENT PLAN......................................................................................... 31
20.1 City’s Contract with CalPERS............................................................................. 31
20.2 CalPERS Election about Unit Represented Employee’s Payment of City’s Pension Costs....................................................................................................... 31
20.3 Unit Represented Employee’s Payment of City’s Pension Costs........................ 31
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20.4 Tier One: Safety 3.0% at 50 Retirement Program – Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Unit Represented Employees Eligible for Reciprocity................................................ 31
20.5 Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees Hired On or After January 1, 2013.................................................... 32
20.6 Implementation of Internal Revenue Code Section 414(h)(2)............................. 33
20.7 Definition of Status Quo Ante ............................................................................. 33 SECTION 21. GRIEVANCE PROCEDURE.............................................................................. 33
21.1 Definition ............................................................................................................. 33
21.2 Public Safety Officer Procedural Bill of Rights .................................................. 34
21.3 Procedure ............................................................................................................. 34
21.4 Scope of Authority of Adjustment Board or Arbitrator....................................... 35
21.5 Discipline Grievances.......................................................................................... 35
21.6 Grievances Regarding Compensation.................................................................. 36 SECTION 22. TUITION REIMBURSEMENT .......................................................................... 36
22.1 Amount and Eligibility ........................................................................................ 36
22.2 Request for Pre-Approval and Reimbursement ................................................... 36
22.3 City Authorization ............................................................................................... 36
22.4 Proof of Completion ............................................................................................ 36
22.5 Reimbursement to City Upon Separation ............................................................ 37 SECTION 23. RESPONSE TIME............................................................................................... 37 SECTION 24. NO STRIKE......................................................................................................... 37 SECTION 25. SEPARABILITY OF PROVISIONS .................................................................. 37 SECTION 26. PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING ........................................................................................... 37 SECTION 27. ADDITIONAL PROVISIONS ............................................................................ 38
27.1 Term of Agreement.............................................................................................. 38
27.2 Negotiations for a Successor Memorandum of Understanding ........................... 39 APPENDIX A 40
APPENDIX A-1 41
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APPENDIX A-2 42
APPENDIX B-1 44
APPENDIX B-2 49
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF PACIFICA
AND
PACIFICA POLICE OFFICERS ASSOCIATION
The Pacifica Police Officers Association and representatives of the City of Pacifica have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of unit represented employees in the representation unit specified in Section 1, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such unit represented employees.
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500, et seq.) and has been jointly prepared by the parties.
This Memorandum of Understanding shall be presented to the City Council as the joint recommendations of the undersigned for salary and unit represented employee benefit adjustments for the period commencing July, 20253 and ending June 30, 20285.
SECTION 1. RECOGNITION
1.1 Association Recognition
The Pacifica Police Officers Association, hereinafter referred to as the "Association," is the recognized employee organization for the Police Officers Unit comprised of the following classifications certified pursuant to Resolution No. 29-84 adopted by the City Council on April 23, 1984: Police Officer, Police Corporal.
1.2 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Pacifica, hereinafter referred to as the "City" in employeremployee relations as provided in Resolution No. 29-84 adopted by the City Council on April 23, 1984.
SECTION 2. ORGANIZATION SECURITY
2.1 Dues Deduction
The City shall continue to provide for the administration of payroll deductions authorized by bargaining unit employees for membership dues, initiation fees, general assessments, and payment of any other membership benefit program provided or sponsored by the
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Association, and shall honor requests by the Association for such deductions, as described below.
The following procedures shall be observed in the withholding of unit members earnings:
(1) Payroll deductions shall be for a specified amount and uniform as between unit members of the Association. Dues deduction shall be made only upon the unit member’s written authorization provided to and maintained by the Association.
The City shall rely on a written certification from the Association requesting a deduction from unit members’ salaries confirming that the Association has and will maintain individual signed unit member authorizations affirmatively consenting to the requested payroll deductions. After providing the required certification, the Association shall not be required to provide a copy of individual authorizations to the City unless a dispute arises about the existence or terms of the authorization.
Based on the Association’s certification described above, the City shall honor requests by the Association for payroll deduction for membership dues, initiation fees, general assessments, or payment for any other membership benefit program provided or sponsored by the Association.
(2) The voluntary payroll deduction authorization shall remain in effect until employment with the City is terminated or until the City is notified in writing by the Association of a cancellation or modification. The City shall direct employee requests to cancel or change an existing payroll deduction authorization to the Association. Unit members may authorize payroll deductions only for the organization certified as the recognized unit member organization of the unit to which such unit members are assigned.
(3) Amounts deducted and withheld by the City shall be transmitted to the officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
(4) The unit member’s earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions herein authorized. When a unit member is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the unit member deposit the amount with the City which would have been withheld if the unit member had been in a pay status during that period. In the case of a unit member who is in a non-pay status during a part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other required deductions have priority over the unit member organization deduction. (5) The Association shall indemnify, defend and hold the City harmless against any claim made and against any suit initiated against the City concerning payroll deductions for payment of Association membership dues, initiation fees, general assessments, or payment of any other membership benefit program provided or sponsored by the Association. In addition, the Association shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.
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The provisions of this section 2.1 are intended to be consistent with, and not in conflict with, governing law including but not limited to Government Code sections 1152, 1157.3, and 1157.12.
2.2 Use of City Facilities
City employees or the Association, or its representatives may, with the prior approval of the Assistant City Manager or his/her representative, be granted the use of City facilities during non-work hours for meetings of City employees provided space is available, and provided further such meetings are not used for organizational activities or membership drives of City employees. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The City reserves the right to assess reasonable charges for the use of such facilities.
The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding.
2.3 Use of Bulletin Boards
The Association may use portions of City bulletin boards under the following conditions:
(1) All materials are subject to the approval of the department director or Division Head in charge of the departmental bulletin board.
(2) All materials must be dated and must identify the organization that published them. (3) Unless special arrangements are made, materials posted will be removed thirty-one (31) days after the publication date. Materials that the department director considers objectionable will not be posted provided, however, the department director shall first discuss this denial with the City Manager. (4) The City reserves the right to determine where bulletin boards shall be placed and what portion of them is to be allocated to the Association's materials.
2.4 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Association if it is affected by any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council, by any board or commission of the City, or by any department, and the Association shall be given the opportunity to meet with such body prior to adoption. In cases of emergency when the City Council determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with the Association, the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.
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2.5 Allowable Uses of Electronic Media
Association representatives may utilize the City's email system to facilitate communication of information to its members and to coordinate meetings. Such use is subject to all conditions and limitations provided by City policy.
SECTION 3. CITY RIGHTS
Except as otherwise provided in this Memorandum of Understanding, the rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
SECTION 4. NO DISCRIMINATION
The City of Pacifica prohibits harassment and discrimination in the workplace on the basis of race, color, sex (including pregnancy, childbirth, and related medical conditions), gender, gender identity, gender expression, national origin, citizenship status, age, religious creed, physical or mental disability, marital status, medical condition, genetic information, sexual orientation, AIDS/HIV, political activities or affiliations, military and veteran status, status as a victim of domestic violence, assault, or stalking, ancestry, or legitimate unit member organization activities.
It is the policy of the City that all employees have the right to work in an environment free from any such harassment and discrimination. Such prohibited activity debilitates the morale and productivity of the victims and their co-workers. The City does not condone any form of such harassment or discrimination and those who engage in such activities shall be subject to disciplinary action up to and including termination.
SECTION 5. ASSOCIATION REPRESENTATIVES
5.1 Attendance at Meetings by Employees
City employees who are official representatives or unit representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Such employee representatives may be required to submit a written request for excused absence to their respective department director, with an information copy to the
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Assistant City Manager, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed two (2).
5.2 Access to Work Locations
Reasonable access to unit represented employee work locations shall be granted to officers of the Association and their officially designated representatives, for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.
Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours.
5.3 Bargaining Unit Represented Employee Contact Information To the extent required by Government Code Section 3558, the City shall provide the Association President with a list of names and contact information (listed below) for any newly hired unit represented employee within 30 days of the date of hire or by the first pay period of the month following hire. The City shall also provide the Association a list of all unit represented employee names and contact information on the last working day of September, January, and May. The information shall include the following information except for any information subject to exclusion pursuant to Government Code Section 6254.3(c):
• Employee name,
• Job title,
• Department,
• Work location,
• Home address, and
• Work, home and personal telephone numbers and personal email addresses on file with the City.
5.4 Union Access to New Employee Orientation
The City will provide a written statement to each new bargaining unit represented employee that the classification is part of a bargaining unit represented by the Association, and the name of an Association representative. The City will provide the employee with a packet of information and an electronic membership application form supplied by the Association.
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The City will provide the Association President not less than ten (10) days’ notice of the onboarding orientation meeting held between the Human Resources Department representatives and new bargaining unit represented employees, including the date, time and location of the orientation meeting. If a bargaining unit represented employee’s first day or work begins less than ten (10) days after the date the employee is hired, the 10-day notice requirement may be reduced, and the City will instead provide as much advance notice as reasonably possible of the orientation meeting.
The City will allow an Association unit represented employee representative and/or an Association outside labor representative access to the onboarding orientation, and spend up to thirty (30) minutes with the new unit represented employees at the end of the onboarding orientation meeting in order to provide information and materials about the MOU and related matters. No representative of City management shall be present during the Association’s presentation. A bargaining unit represented employee attending the onboarding orientation meeting as the Association representative shall be given paid release time sufficient to cover the Association’s presentation and related travel time.
The Association will provide the Human Resources Department with the names of any bargaining unit represented employee who they request to be released for this purpose as soon as reasonably possible, and at least 48 hours before the meeting.
SECTION 6. PAY PLAN
6.1 Base Salaries – Bargaining Unit Classifications
The salary ranges for each bargaining unit classification in effect on June 30, 20251, are stated in Appendix A, attached to and incorporated into this MOU.
6.2 Salary Schedule Increase
6.2.1 20253 Wage Increase
Effective the first full pay period after ratification, the City shall improve the base salary schedule for all bargaining unit classifications in Appendix A by two percent (2.0%) for bargaining unit represented employees in active, paid status on the effective date.
Effective the first full pay period after ratification, the City shall provide an additional equity adjustment over improve the Salary Schedule in Appendix A-1 for for the following classifications by:
• Police Officer 3%
• Police Corporal 4%
In addition to this increase, upon each PPOA-represented employee’s merit date within the same contract year, the employee shall be moved to the next highest step on the applicable salary schedule. The 2025-20263 salary schedule shall include both the 2023salary increase and the 2023 equity adjustment for PPOA bargaining unit represented employees and shall be
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entitled “20253-20264 Salary Schedule” and shall be attached to this Agreement as Appendix A-1.
6.2.2 20264-2027 Wage Salary Adjustment
Effective at the beginning of the first pay period in July 20246, the City shall improve the base salary schedule for all bargaining unit classifications in Appendix A by two percent (2.0%) over thesalary schedule in Appendix A1 for bargaining unit represented employees in active, paid status on the effective date.
Effective at the beginning of the first pay period in July 2024, the City shall provide an additional equity adjustment overimprove the Salary Schedule in Appendix A-1 for the following classifications:
• • Police Officer 3%
• • Police Corporal 4% .
The 20264-20275 salary schedule shall include both the salary increase and the equity adjustment for PPOA bargaining unit represented employees and shall be entitled “20264-20275 Salary Schedule” and shall be attached to this Agreement as Appendix A-2.
6.2.3. 2027-2028
Salary Adjustment
Effective July 1, 2027, the City shall improve the salary schedule for all PPOA bargaining unit classifications by 2% in accordance with the Attached 2027- 2028 Salary Schedule. The 2028-2027 Salary Schedule shall be attached to this Agreement as Appendix A-3.
6.3 Total Compensation Surveys
When preparing a total compensation survey for use at the bargaining table as described in Government Code Section 3505.4(d), the City agrees to consider the parties’ historic use of the following cities as one element of determining total compensation: San Bruno, Belmont, Burlingame, Menlo Park, Daly City, Foster City, Redwood City, and South San Francisco.
6.4 Salary Schedule Regulations
The rates of pay set forth in the aforementioned Salary Appendices A, A-1, abs A-2(1) represent the standard rate of pay for full-time employment for each classification.
Compensation for unit represented employees working less than full-time shall be adjusted proportionately; (2) represent the total compensation due unit represented employees, except for overtime compensation and other benefits specifically provided for by City
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Council or this Memorandum of Understanding; and (3) do not include reimbursement for actual and necessary expenses authorized and incurred incident to City employment.
6.5 Salary for New Unit Represented Employees
Except as herein otherwise provided, the entrance salary for a new unit represented employee entering the classified service shall be the minimum salary for the class to which such new unit member is appointed. In case of unusual recruitment difficulty or of hiring exceptionally qualified personnel, initial salary may be at any step by the City Manager, whose decision shall be final. Such a salary may not be more than the maximum salary for the class to which the unit represented employee is appointed.
6.6 Conversion of Rates
Any monthly, per diem, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time basis when, in the judgment of the City Manager, such a conversion is advisable.
6.7 Pay Days
Unit represented employees shall be paid bi-weekly.
6.8 Longevity Pay
Unit represented employees who serve as a sworn Department personnel for five (5) or more years shall receive a five percent (5%) salary increase on their fifth anniversary date.
Unit represented employees who serve as a sworn Department personnel for ten (10) years or more shall receive a two percent (2%) salary increase on their tenth anniversary date.
Unit represented employees who serve as a sworn Department personnel for fifteen (15) years or more shall receive a two percent (2%) salary increase on their fifteenth anniversary date.
6.9 Recruitment Bonus
This City will award a unit represented employee with five hundred dollars ($500) for each police officer hired by the City with a written recommendation by the PPOA represented employee, and an additional five hundred dollars ($500) after the new officer completes the probationary period. The unit represented employee making the recommendation must still be employed by the City at the time the award is paid.
6.10 Career Incentive Pay
6.10.1 POST Certificate Pay
Unit represented employees in the classifications covered by this Memorandum of Understanding who successfully completed a probationary period in one of those classifications, and hold permanent status shall be eligible to receive the
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following monthly amount if they possess or acquire the Peace Officers Standards and Training Certificate as reflected below:
Intermediate Certificate
Police Officer $600
Corporal $600
Advanced Certificate
Police Officer $825
Corporal $825
6.10.2 Education Incentive
As an incentive for unit represented employees to obtain educational degrees, the City shall pay unit represented employees in the classifications covered by this Memorandum of Understanding the following monthly amounts for incentive pay:
Associate Degree - $125.00
Bachelor’s Degree - $175.00
Master’s Degree - $300.00
6.11 Special Assignment Pay
The additional payments provided in this Section for the performance of special assignments are additional compensation and shall be paid only while unit represented employees are on such assignments. Such additional payments are not promotional compensation. The Police Chief, at his or her sole discretion, may assign unit represented employees to and relieve unit members from these special assignments.
6.11.1 Field Training Officer Premium
A Police Officer shall receive an additional five percent (5%) of the base rate of pay when assigned to and performing the duties of a field training officer or trainer.
6.11.2 Detective Premium
A unit represented employee in the classification of Police Officer and/or Police Corporal who is assigned to perform a special assignment as a Crime Prevention Officer or Detective on a full-time basis shall receive two hundred and seventyfive dollars ($275) each month, and for Juvenile Officer three hundred dollars ($300) per month.
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6.11.3 Bilingual Premium
A Police Officer who first qualifies for bilingual pay on or after July 1, 2010, which is limited to Spanish, Tagalog or Chinese, shall receive an additional $372 per month for performance of such bilingual duties. Unit represented employees receiving bilingual pay as of July 1, 2010 shall be compensated for bilingual duties at the dollar amount of bilingual pay that they received on June 30, 2010, in accordance with an itemization provided to the Association as part of execution of this MOU. Unit represented employees must pass a proficiency test to be determined by the City in that language.
6.11.4 Canine Officer (K-9)
A unit represented employee assigned to work as a Canine officer is responsible for care, grooming, feeding, and training of the police dog. The City and PPOA agree that a reasonable approximation of hours of compensable care for officers assigned a canine is four (4) hours per week. A unit represented employee assigned to work as a canine officer shall be paid at a straight time hourly rate of $20.00 forat the overtime rate four (4) hours per week of canine duties upon a separate hourly rate equal to the greater of $20.00 per hour or the California minimum wage. The City and PPOA understand that this is compensation for hours worked under the FLSA for the time spent as an officer-dog handler at the unit represented employee’s residence in caring for the dog and related equipment.
For weeks in which a canine officer works overtime as defined by Section 9, Overtime, he or she shall be compensated at time-and-a-half of the canine hourly rate for the time referenced above spent on canine care. Canine officers shall include the four (4) hours per week in the appropriate line on their time sheets.
The City and PPOA understand and agree that this additional compensation is intended to compensate canine officers for all off duty hours spent caring, grooming, feeding, and otherwise maintaining their canine unit, in compliance with the FLSA and interpretive cases and rulings. All other off-duty activities, including, but not limited to training, demonstration events, etc., shall be paid at the overtime rate of time and one half.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty canine duties.
6.12 Salary Range and Evaluation
Effective with any evaluation initiated after adoption of this Memorandum of Understanding, each unit represented employee shall have a salary range with a designated minimum and maximum salary. A merit salary increase will be provided to the employee upon a satisfactory performance evaluation, which must be given on an annual basis beginning at the successful completion of the Field Training Program and every year
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thereafter. Unit represented employees whose performance is satisfactory based upon a performance evaluation shall be provided a merit salary increase of five percent (5%).
Merit increases will become effective upon the unit represented employee’s designated anniversary date. Once provided the increase for meritorious service will be continued in future years.
Unit represented employees at the top of their designated salary range shall also be evaluated on an annual basis by their supervisor. However, unit represented employees at the top step will not be eligible for or receive merit salary increases. Unit represented employees shall be entitled to appeal an unsatisfactory performance evaluation resulting in a denial of a merit salary increase to the Chief of Police, for which an informal meeting will be held between the unit represented employee and the Chief of Police. Such an appeal must be commenced no later than seven (7) working days following the unit represented employee’s receipt of the performance evaluation. The Chief of Police must respond in writing to the unit represented employee within seven (7) working days following the meeting. The Chief of Police’s decision shall be final.
If the City Manager at any time determines that it is in the City's interest, she or he may assign a unit represented employee to a higher rate within the salary range fixed for the classification. The City Manager shall regulate the accelerated advancement through the salary range.
6.13 Exceptional Contribution Adjustment
When a unit represented employee makes a unique contribution to the City that is not expected in the normal discharge of the responsibilities of the position, and when such contribution is obvious by its significance, substantial, and unique nature, the individual may be awarded an exceptional contribution adjustment. Such an award will be limited to a maximum of five percent (5%) and be granted in a lump sum or for a specific limited interval of time; however, not more than twelve (12) months. The actual percentage amount up to the five percent (5%) limit and the time interval it is to be awarded for will be determined by the City Manager and will be based upon the quality and significance of the contribution that is being recognized. There shall be no more than three (3) exceptional contribution adjustments for police personnel in any one (1) year.
6.14 Salary upon Transfer or Promotion
The transfer of a unit represented employee shall not be cause for a change in salary. All unit represented employees of the City upon promotion shall be entitled to an increase in salary of at least five two and one half percent (52-1/2%); provided, however, that in no event shall the unit represented employee receive more than the maximum salary for the classification.
6.15 Work Out of Classification/Limited Assignment
6.15.1 Limited Assignment Terms
A unit represented employee may be reassigned from the duties of his classification to perform the duties of another classification by means of a
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Limited Assignment. Limited Assignment shall be made only to existing positions, which are not actively occupied by reason of the temporary absence of the regular appointed incumbent. Limited Assignment shall not be made where the position is vacant. Limited Assignment shall be in writing on an approved form, which among other things shall indicate the name of the unit represented employee, his regular classification, and the classification to which he is assigned on a limited basis. The Limited Assignment must be dated and signed by the department director or his duly authorized representative and approved by the City Manager.
6.15.2 Limited Assignment Pay
Unit represented employees working on a Limited Assignment shall be paid five percent (5%) above the unit member’s regular salary range step for each full-time day beyond forty (40) straight-time hours the unit represented employee is assigned in the higher classification, retroactive to the first day. If the unit represented employee’s Limited Assignment exceeds forty-five (45) consecutive days the unit member shall be paid seven percent (7.0%) above the unit represented employee’s regular salary range step for each full-time day beyond forty-five (45) consecutive days the unit represented employee is assigned in the higher classification. In no event shall the seven percent (7.0%) differential exceed the top step of the classification assigned at the years of service and educational incentive.
6.16 Standby Pay
A police officer and/or a corporal working as a detective and who is assigned to be on standby shall receive five (5) hours compensatory time off for each week of standby duty.
SECTION 7. ANNIVERSARY DATE
For all purposes except eligibility for salary increases, unit represented employee’s anniversary date shall be the date of initial hire. For the purposes of salary administration, the anniversary date shall be the effective date of the unit represented employee’s last merit increase, promotion, demotion or reinstatement.
SECTION 8. DAYS AND HOURS OF WORK
8.1 Work Schedule
The Department Director may assign full-time unit represented employees in an administrative assignment or a patrol assignment to a regular work schedule consisting of (a) forty (40) hours, composed of five (5) consecutive days of eight (8) hours each, (b) forty (40) hours composed of four (4) consecutive days of ten (10) hours each, or (c) eighty hours per pay period composed of three (3) consecutive days of twelve (12) hours each per week and one eight (8) hour shift per pay period. The Department Director shall provide
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unit represented employees fourteen (14) days’ advance written notice when they intend to permanently modify an employee’s regular work schedule. If untimely notice is provided, then the unit represented employee shall be compensated at 1.5x the unit represented employee’s regular pay for the next regularly-scheduled shift.
The Department Director may administratively assign unit represented employees regularly scheduled for a ten (10) hour work day or twelve (12) hour work day to an eight (8) hour work day for weekly periods, Monday through Fridays, for the purposes of modified assignment, court appearances, jury duty or training periods of three (3) days or more.
8.2 Exchange of On-Duty Time
Exchanges of on duty time shall be permitted to the extent allowable by applicable state or federal law when approved, provided such exchange does not result in financial responsibility for the City. All such changes must be pre-approved in advance by the department director or designated representative.
SECTION 9. OVERTIME PAY
9.1 Overtime Pay.
Except as otherwise specified in this MOU, all overtime shall be paid in accordance with the Fair Labor Standards Act (FLSA) and include all pay not excluded by 29 USC Section 207(e). All hours assigned and worked in excess of the unit represented employee’s regular forty (40) hour workweek shall be considered overtime and shall be compensable at the rate of one and one-half (1-1/2) times the unit represented employee’s regular straight-time rate of pay. Compensatory Time Off (“CTO”) will be credited/counted as hours worked for purposes of overtime compensation under this section of the Memorandum of Understanding. All overtime shall be calculated to the nearest quarter (1/4) hour in favor of the unit represented employee.
9.1.1 Shift Trades
Overtime shall not include hours worked as a result of voluntary trading of shifts between members of the police department.
9.1.2 Overtime Calculation
The FLSA overtime rate shall be calculated using the base salary rate, longevity pay, career incentive pay, education incentive pay, Field Training Officer pay, Detective pay, Bilingual pay, and any other specialty pay or as required by the FLSA.
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9.2 Overtime And Compensatory Time Off
To the extent permitted by this Section, a unit represented employee may opt to be paid for overtime hours defined in Section 9.2 either by monetary payment or by compensatory time off (CTO).
The maximum amount of CTO that a unit member may accrue shall be limited to one hundred forty (140) hours. CTO shall be taken at a time mutually agreeable to the unit represented employee and the Department Director.; provided, however, that if a unit represented employee accrues CTO in excess of forty (40) hours, the Department Director may schedule the unit member to use any portion of the accrued compensatory time.
For any compensatory time off a unit represented employee accrues in excess of one hundred forty hours (140), the City will pay the unit represented employee at the overtime rate of pay.
Unit represented employees who terminate employment shall be paid for unused compensatory time off accrued at the rate of pay at time of termination.
9.2 Call Back
If a unit represented employee who has completed his normal shift for the day is called back to work (from home), the unit represented employee shall, upon reporting, receive a minimum of four (4) hours overtime compensation for each such call back.
9.3 Call Back – Court Appearance
Unit represented employees who are ordered to report to work during their off-duty hours for the purpose of appearing in Court and who do so at the specified time shall receive a minimum of four (4) hours pay at time and one-half (1-1/2). This provision does not apply to instances where unit represented employees are ordered to report to work less than three (3) hours prior to their regular starting time or are held over less than three (3) hours after their regular quitting time for the purpose of appearing in court.
SECTION 10. LAYOFF
10.1 Authority
In the event of layoff, the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative, shall notify the affected unit represented employees in writing as soon as possible but no later than ten (10) working days prior to the effective day of the layoff. Layoff shall be implemented within classes of positions and all temporary unit represented employees in affected classifications shall be laid off prior to layoff of any probationary or regular unit represented employees. For the purpose of determining order of layoff, total cumulative time shall include time served in military leave of absence.
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10.2 Displacement and Reemployment
Unit represented employees laid off shall have the right to displace the unit represented employee in the same classification having the least seniority; provided, however, if there is no other unit represented employee in the classification of the laid off unit represented employee with less seniority, the laid off unit represented employee may take a voluntary demotion to a classification in which such employee unit represented employee had prior regular status, thus displacing the unit represented employee working in that classification who has less seniority. Names of persons laid off shall be placed upon reemployment lists in order of total cumulative time served and shall remain on such list for a period of two (2) years unless reemployed sooner. Sick leave and seniority rights earned prior to layoff will be returned to the unit represented employee upon reemployment. Upon request of the unit represented employee with the permission of the City Manager, demotion may be made to a vacant position in place of layoff. The City Manager's decision shall be final.
SECTION 11. HOLIDAYS
11.1 Entitlement
Regular full-time unit represented employees shall be entitled to take all authorized holidays at full pay, not to exceed eight (8) hours for any one (1) day, provided they are in a pay status on both their regularly scheduled workdays immediately preceding and following the holiday.
11.2 Observed Holidays
Holidays observed by the PPOA are:
(1) January 1st New Year’s Day
(2) Third Monday in January Martin Luther King, Jr. Day (3) Third Monday in February Washington’s Birthday
(4) Last Monday in May Memorial Day
(5) June 14th Flag Day
(6) July 4th Independence Day
(7) First Monday in September Labor Day
(8) Columbus Day October 12th
(9) November 11th Veterans Day
(10) Fourth Thursday in November Thanksgiving Day
(11) Fourth Friday in November
(12) Day Before Christmas
Day after Thanksgiving Day
Christmas Eve Day
(13) December 25th Christmas Day
11.3 Holidays Falling on a Saturday
If one of the holidays listed above falls on a Saturday and the unit represented employee is not regularly scheduled to work that day, the unit represented employee’s last regularly scheduled workday preceding the holiday shall be considered a holiday.
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11.4 Holidays Falling on a Sunday
If one of the holidays listed above falls on a Sunday and the unit represented employee is not regularly scheduled to work that day, the unit represented employee’s first regularly scheduled workday following the holiday shall be considered a holiday.
11.5 Holidays Falling on a Unit Represented Employee’s Day Off If one of the holidays listed above falls on an unit represented employee’s day off other than a Saturday or Sunday or if a unit represented employee is required to work on a holiday, he shall be allowed a regular workday off at a time determined by agreement between the unit represented employee and the department director. If the department director determines that it is not feasible to grant such other workday off, including those workdays considered holidays in Sections 11.3 and 11.4, the unit represented employee shall be paid for the holiday worked on the basis of straight-time but not to exceed eight (8) hours for any one (1) holiday. Such compensation shall be paid semi-annually on the payday closest to June 1st and December 1st.
SECTION 12. VACATIONS
12.1 Eligibility
All unit represented employees shall begin to accrue vacation credit from the first full day of employment; however, no unit represented employee shall be entitled to annual vacation leave without first serving the six (6) months original probationary period.
12.2 Vacation Credits Earned
Employees shall earn vacation credits in accordance with the following:
Years of Service Accrual rate for each 2 weeks’ of
service
First five (5) years 3.4 hours
Beginning 6th -10th years 4.6 hours
Beginning 11th year 4.9 hours
Beginning 12th year 5.2 hours
Beginning 13th year 5.5 hours
Beginning 14th year 5.8 hours
Beginning 15th year 6.2 hours
Beginning 16th year 6.47 hours
Beginning 17th year 6.77 hours
Beginning 18th year 7.08 hours
Beginning 19th year 7.39 hours
Beginning 20th year and thereafter 7.70 hours
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12.3 Time Charged
Vacation time shall be charged on the basis of the actual number of working hours the unit represented employee is on vacation to the nearest one tenth (1/10th) hour.
12.4 Vacation Credits Advance
Employees may take only such vacation as they have accumulated at the time that the vacation begins, except after three (3) years of service the unit represented employee may draw upon anticipated vacation credits not to exceed forty (40) hours per year. Fractional days shall not be taken as vacation but shall remain to the credit of the unit represented employee. At termination of employment the City shall be reimbursed by the unit represented employee for any vacation taken in excess of vacation credit.
12.5 Vacation Scheduling and Maximum Accrual
The times during the calendar year at which a unit represented employee may take vacation shall be determined by the department director with due regard to the needs of the service and desires of the unit represented employee. If requirements of the service or the desires of the unit represented employee are such that an unit represented employee must defer part or all of his annual vacation in a particular year, the department director may permit the unit represented employee to take such deferred vacation during the following calendar year. No unit represented employee may accumulate more than twice his annual vacation allowance.
12.6 Sick Leave During Vacation
If a unit represented employee becomes sick during his vacation, such unit represented employee may charge the period of illness against sick leave credits in the same manner as provided in Section 13 (Sick Leave). A doctor's certificate may be required as provided in Section 13.
12.7 Separation from Service
Unit represented employees who terminate employment shall be paid a lump sum for all accrued vacation leave earned prior to the effective day of termination. Former unit represented employees reemployed by the City shall receive no credit for prior service in determination of vacation benefits.
12.8 Return of Vacation
Unit represented employees of this unit will be allowed to sell to the City a maximum of sixty (60) hours of vacation leave per year, at the individual's prevailing wage. The unit represented employee must have a balance of forty (40) hours remaining after the return of the hours to the City. This provision may be utilized once during the fiscal year and the request must coincide with a regularly scheduled payday.
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SECTION 13. SICK LEAVE
13.1 Accrual
Unit represented employees shall earn sick leave credit at the rate of 3.7 hours for each two (2) weeks of service beginning with the first full day of employment.
13.2 Usage
Sick leave shall not be considered a privilege, which a unit member may use at his discretion, but shall be allowed only in cases of necessity and actual sickness including necessary physician appointments or disability. Unit represented employees are entitled to use their earned sick leave benefits to be off work without the loss of compensation under the following conditions:
13.2.1 For the unit represented employee’s own illness or injury or for the illness or injury of the unit represented employee’s family member. For purposes of this Section, “family member” is defined as a biological, adopted, or foster child; stepchild; legal ward, or a child to whom the unit represented employee’s stands in loco parentis; a biological, adoptive, or foster parent; stepparent, or legal guardian of an unit represented employee or the unit represented employee’s spouse or registered domestic partner (a registered domestic partnership requires filing an Affidavit of Domestic Partnership with the Secretary of State), or a person who stood in loco parentis when the unit represented employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; or sibling; or a designated person or their family members.
13.2.2 For the unit represented employee's receipt of required medical or dental care or consultation or for the required medical or dental care or consultation of the unit represented employee’s family member.
13.2.3 For unit represented employees who are victims of domestic violence, sexual assault or stalking as specified in state law.
13.2.4 Each hour of illness or injury shall be deducted from the unit represented employee’s accumulated sick leave benefits.
Sick leave shall be charged against a unit represented employee’s sick leave credit as the actual number of hours of the regular work period that the unit represented employee is on sick leave. Employees shall be entitled to sick leave compensation except unit represented employees serving the first six (6) months of the original probationary period.
In order to receive compensation while absent on sick leave, an unit represented employee shall notify his immediate supervisor prior to the time set for the beginning of his daily duties.
When the absence is for more than one (1) working day in a week, unit represented employees may be required to file a physician's statement with the Personnel Office verifying that the unit represented employee was absent due to illness or injury.
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13.3 Incapacity to Perform Duties
The City Manager or where the authority has been delegated by the City Manager, the City Manager's representative may require any unit represented employee who he/she believes may be physically or mentally incapacitated for work to undergo an examination by a physician designated by the City and at the City's expense. If as a result of the physician's examination the unit represented employee is determined to be incapacitated to perform his/her duties, the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative may place the unit represented employee on leave of absence without pay, with due process, provided such action is not in conflict with Government Code Section 4850, and where applicable, the Public Safety Officers Procedural Bill of Rights Act. A unit represented employee may use accrued sick leave, vacation or compensatory time prior to being placed on a leave of absence without pay.
Vacation and sick leave credits shall not accrue when a unit represented employee is on an unpaid leave of absence.
13.4 Sick Leave at Retirement or Termination
The City has amended its contract with the Public Employee's Retirement System to provide police officer represented employees of this unit the provisions of Section 20965 of the Optional Benefit Provision of PERS regulations, entitled "Credit for Unused Sick Leave."
Unit represented employees otherwise terminating their City employment or being terminated shall forfeit all unused sick leave benefits as of the termination date. Former unit represented employees re-employed by the City shall receive no credit for prior service in determination of sick leave benefits.
SECTION 14. LEAVES OF ABSENCE
14.1 Family Illness Leave
According to State Law, a unit represented employee in this unit may use his or her accrued sick leave up to a maximum of six (6) days per year, where the unit represented employee ’s attendance is required to attend to a member of his family, as defined in Section 13.2.1, who is ill. A doctor's note may be required to substantiate the illness of the family member.
14.2 Family Care & Medical Leave
Each eligible unit represented employee is entitled to family care and medical leave as provided by the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), as amended. The leaves under FMLA and CFRA will run concurrently to the extent permitted by law.
14.2.1 Eligibility
To be eligible for family care and medical leave, on the date on which leave is to begin, a full-time or part-time unit represented employee must have been
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employed by the City for at least twelve (12) months, which need not be consecutive, and have actually worked at least 1,250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave.
14.2.2 Family Care and Medical Leave Entitlement
Subject to the provisions of this MOU, City policy, and state and federal law, including the federal FMLA and the CFRA, an eligible unit represented employee is entitled to a total of twelve (12) workweeks of unpaid leave during any twelve (12) month period for any one, or more, of the following reasons:
14.2.2.1 The birth of a child and to care for the newborn child (FMLA and CFRA);
14.2.2.2 The placement with the unit represented employee of a child for adoption or foster care and care for the newly placed child (FMLA and CFRA);
14.2.2.3 To care for the unit represented employee’s child, parent or spouse who has a serious health condition. (Child is defined as biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis who is under 18 years of age or an adult dependent child. Parent is defined as biological, foster or adoptive parent, stepparent, legal guardian, or other person who stood in loco parentis to the unit represented employee when the unit represented employee was a child.
Parent does not include a parent-in-law. “Spouse” means partner in marriage or a registered domestic partner as defined in the Family Code and includes same-sex partners in marriage.)
14.2.2.4 Because of a unit represented employee’s own serious health condition that makes the unit represented employee unable to perform the functions of the unit represented employee’s position, except for disability on account of pregnancy, childbirth, or related medical conditions, which is covered by pregnancy disability leave. (Pregnancy disability counts toward only California Pregnancy Disability Leave (PDL) and FMLA leave.)
14.2.2.5 Because of any qualifying exigency arising out of the fact that the unit represented employee’s spouse, son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to covered active duty status) (FMLA only).
The twelve (12) month period for FMLA/CFRA purposes is
determined by the fiscal year.
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14.2.3 Family Care and Medical Leave To Care for a Covered Servicemember with a Service Injury or Illness
Subject to the provisions of this MOU, City policy, and state and federal law, including the FMLA, an eligible unit member may take FMLA leave to care for a covered servicemember with a serious injury or illness if the unit represented employee is the spouse, son, daughter, parent, or next of kin of the servicemember.
14.2.3.1 An eligible unit represented employee’s entitlement under Section 14.2.4 is limited to a total of twenty-six (26) workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness. The “single 12- month period” in which the 26-weeks-of-leave-entitlement described in this begins on the first day a unit member takesleave to care for the covered servicemember.
14.2.3.2 During the “single 12-month period” described above, an eligible unit member’s FMLA leave entitlement is limited to a combined total of twenty-six (26) workweeks of FMLA leave for any qualifying reason.
14.2.4 Pay Status and Benefits
Except as provided in this Section 14, the family care and medical leave will be unpaid. The City will, however, continue to provide City contributions toward the health plan premiums during the period of family care and medical leave for up to twelve (12) work weeks on the same basis as contributions would have been provided had the unit represented employee not taken family care and medical leave. The unit represented employee will be required to continue to pay the unit represented employee’s share of premiums payments, if any.
14.2.5 Relationship of Family Care and Medical Leave to Other Leaves Any leave of absence that qualifies as family care and medical leave and is designated by the City as family care and medical leave will be counted as running concurrently with any other paid or unpaid leave to which the unit represented employee may be entitled for the same qualifying reason. A unit represented employee is required to utilize the unit represented employee’s accrued sick leave for FMLA/CFRA qualifying absences due to the unit represented employee’s own serious health condition. A unit represented employee may be required to use accrued vacation leave for FMLA/CFRA qualifying reasons unrelated to the unit represented employee’s own serious health condition.
14.2.6 Notice to the City
14.2.6.1 The unit-represented employee must provide written notice to the City as far in advance of the need for leave as possible and
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as soon as the employee reasonably becomes aware of the need for the leave. If the need for leave is foreseeable—such as for the expected birth of a child, placement of a child for adoption or foster care, or planned medical treatment—the employee must provide at least thirty (30) calendar days’ advance notice.
If thirty (30) days’ notice is not reasonably practicable, notice must be provided as soon as reasonably possible. In addition to providing written notice to the Human Resources Department, employees are also required to communicate directly with their immediate supervisor or department managerhead regarding their anticipated leave dates. This communication must occur at the time the leave is requested or as soon as reasonably practicable thereafter to ensure departmental operational planning and to avoid late notification of extended absences.
The unit member represented employee must provide written notice to the City as far in advance of the leave as possible and as soon as the unit represented employee reasonably knows of the need for the leave. If the need for the leave is foreseeable based on an expected birth, placement of a child for adoption or foster care or planned medical treatment, the notice must be provided at least (thirty) 30 calendar days in advance of the leave, or if not reasonably known (thirty) 30 calendar days before the leave, then as soon as reasonably practicable.
14.2.6.2 The written notice must inform the City of the reasons for the leave, the anticipated duration of the leave and the anticipated start of the leave.
14.2.6.3 The unit represented employee shall consult with the City and make a reasonable effort to schedule any planned medical treatment or supervision so as to minimize disruption to department operations.
14.2.7 Medical Certification
14.2.7.1 A unit represented employee’s request for family care and medical leave to care for a child, a spouse, or a parent who has a serious health condition shall be supported by a certification issued by the health care provider of the individual requiring care. If additional leave is requested after the expiration of the time originally estimated by the health care provider, the unit represented employee shall provide the City with recertification by the health care provider.
14.2.7.2 A unit represented employee’s request for family care and medical leave because of unit represented employee’s own serious health condition shall be supported by a certification issued by the unit represented employee’s health care provider.
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14.2.7.3 As a condition of an unit represented employee’s return from leave taken because of the unit represented employee’s own serious health condition, the unit represented employee is required to obtain certification from the unit represented employee’s care provider that the unit represented employee is able to resume work.
14.2.7.4 Employees are required to use the medical certification forms available from the City Human Resources Department to meet the certification and recertification requirements of this section.
14.2.8 Minimum Duration of Leave
14.2.8.1 Leave does not need to be taken in one continuous period of time.
14.2.8.2 Leave taken for a serious health condition of the unit represented employee’s child, parent, or spouse of the unit represented employee may be taken intermittently or on a reduced work schedule when medically necessary, as determined by the health care provider of the person with the serious health condition.
However, intermittent or reduced work schedule leave may be taken for absences where the unit represented employee or covered family member is incapacitated or unable to perform the essential functions of the position because of a chronic serious health condition, even if he or she does not receive treatment by a health care provider.
14.2.8.3 Leave taken for reason of birth, adoption, or foster care placement of a child of the unit represented employee does not have to be taken in one continuous period of time. Any leave(s) taken shall be concluded within one (1) year of the birth of placement of the child with the unit represented employee. The basic minimum duration shall be two (2) weeks. However, the City shall grant a request for a leave of less than (2) weeks’ duration on any two (2) occasions.
14.2.9 City’s Response to Leave Request
It is the City’s responsibility to designate leave, paid or unpaid, as family and medical leave-qualifying based on the information provided by the unit represented employee and to notify the unit member of the designation.
14.2.10 Dual Parent Employment
Where both parents are City unit represented employees, allowable leave for the birth, adoption, or foster care placement of a child is limited to a total of twelve (12) work weeks in a 12-month period between the two unit represented
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employees. Their family care and medical leave entitlement is not limited or combined for any other qualifying purpose.
14.2.11 Employee’s Status on Returning from Leave
Except as provided by law, on return from family care and medical leave, an unit represented employee is entitled to be returned to the same or equivalent position the unit represented employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An unit represented employee is also entitled to reinstatement even if the unit m represented employee has been replaced or the unit represented employee’s job has been restructured to accommodate the unit represented employee’s absence. If an unit represented employee is no longer qualified for the position because, e.g., of the employer’s inability to renew a license, as a result of the leave, the unit represented employee shall be given a reasonable opportunity to fulfill those conditions upon returning to work. A unit represented employee has no right to return to the same position. Use of family care and medical leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible unit represented employee’s FMLA/CFRA leave.
14.3 Pregnancy Disability Leave
A pregnant unit represented employee is entitled to an unpaid leave of up to four (4) months, as needed, for the period(s) of time the unit represented employee is actually disabled by pregnancy, as determined by her health care provider.
14.3.1 Notice to City
Using the City’s Certification of Health Care Provider form for pregnancy disability leave, a unit represented employee should provide at least thirty (30) days advance notice or notice as soon as practicable of the unit represented employee’s need for pregnancy disability leave or need for reasonable accommodation based on the advice of her health care provider that reasonable accommodation is medically advisable because of pregnancy or a related medical condition.
14.3.2 Use of Sick Leave and Vacation During Pregnancy Disability Leave A unit represented employee is required to use any accrued sick leave during an otherwise unpaid pregnancy disability leave. A unit represented employee may, at her option, use accrued vacation during an otherwise unpaid portion of a pregnancy disability leave.
14.3.3 Health and Welfare Benefits
The City shall maintain its contribution toward health and welfare benefits under Section 15 during any unpaid portion of a pregnancy disability leave on the same basis that the contribution would have been provided if the unit represented employee had not taken pregnancy disability leave.
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14.3.4 Employee Status
During a pregnancy disability leave, the unit represented employee shall retain unit represented employee status, and the leave shall not constitute a break in service for any purpose under this MOU except that the leave shall not count toward completion of probation.
14.3.5 Relationship Between Pregnancy Disability, FMLA, and CFRA Leaves
14.3.5.1 A pregnancy disability leave shall run concurrently with the unit member’s FMLA leave entitlement.
14.3.5.2 The right to take pregnancy disability leave is separate and distinct from the right to take leave under CFRA. An unit represented employee’s own disability due to pregnancy, childbirth or related medical conditions is not a “serious health condition” under CFRA.
14.3.5.3 At the end of the unit represented employee’s period(s) of pregnancy disability leave, or at the end of four months of pregnancy disability leave, whichever occurs first, a CFRAeligible unit represented employee may request to take CFRA leave of up to twelve (12) workweeks for reason of the birth of her child, if the child has been born by this date.
14.4 Jury Duty
A unit represented employee summoned to jury duty shall inform his supervisor and, if required to serve, may be absent from duty with full pay; provided, however, the unit represented employee must remit to the City, through the unit represented employee’s department director, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.
14.5 Military Leave
The provisions of the Military and Veterans Code of the State of California shall govern military leave of City employees.
14.6 Campaign Leave
Upon becoming a candidate for public office, any regular unit represented employee may request and be granted a leave of absence without pay, to remain in effect for the period of his candidacy.
14.7 Leave of Absence Without Pay
Upon written request the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative, the City may grant a unit represented employee a leave of absence without pay for a definite period not to exceed one (1) year.
The City Manager or where the authority has been delegated by the City Manager, the City
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Manager's representative's decision shall be final. Upon expiration of an approved leave of absence the unit represented employee shall be reinstated in the position held at the time the leave was granted or to another position in the same classification. Failure on the part of a unit represented employee on leave to report promptly on its expiration, or within fifteen (15) days after notice to return to duty shall result in such unit represented employee’s automatic dismissal. Vacation and sick leave credits shall not accrue to a unit represented employee on voluntary leave of absence without pay.
14.8 Bereavement Leave
All Employees are permitted 5 days of Unpaid Bereavement Leave upon the death any family member listed in Section 12945.2 of the Government Code. In case of death within the immediate family of a unit represented employee, such a unit represented employee shall be entitled to remain absent from duty with pay in order to attend and/or arrange the funeral or memorial services for the times hereinafter specified:
(1) If the service is within the Bay Area (i.e., Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Sonoma Counties) not to exceed a maximum of three (3) working days.
(2) If the service is outside the Bay Area, not to exceed a maximum of five (5) working days. Said bereavement leave is not to be charged to sick or vacation leave.
For the purpose of paid Bereavement Leave in Section 14.8, immediate family is defined as parent, sibling, spouse, domestic partner, child, mother-in-law, father-in-law, brotherin-law, sister-in-law, grandparents, grandchildren, great grandparents, stepchildren, foster children, or other persons with whom there is a demonstrated child-rearing/parental or immediate familial relationship. The Paid Bereavement leave runs concurrent with the 5 Day Unpaid Bereavement Leave. However, the leave days need not be consecutive. For Bereavement Leave in excess of 3 days, or the additional two for out-side of the Bay Area, all employees may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee. Proof of death (death certificate, obituary, funeral program, etc.) or proof of miscarriage/stillbirth (a note from a healthcare provider) must be submitted within 30 calendar days of when the employee returns to work.
Absence Without Pay
Failure of a unit represented employee to report for duty on a normal working day or shift without notice to his department director of the reason for such absence within thirty (30) minutes after the time designated as the beginning of the work day shall constitute absence without leave and without pay. Employees should make every effort to contact their department director prior to the start of their shift if they plan to be absent.
Absence without leave for any length of time without satisfactory explanation is cause for dismissal. Absence without leave for five (5) or more consecutive days shall be deemed a tender of resignation.
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SECTION 15. HEALTH AND WELFARE
15.1 Medical Insurance – City Contributions
Effective the first full pay period following City Council approval of this MOU and continuing for the 2022 and 2023 calendar years, the City will contribute up to the following maximum amounts per month toward the cost of health benefits for each fulltime unit represented employee. For the purpose of this Health and Welfare Section, “fulltime” means the unit member is assigned to a classification requiring the unit member to work at least forty (40) hours per week. Unit members electing coverage with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit member’s pay. In the event the actual monthly premium cost is less than the amount shown on the chart below, the City shall retain any savings and shall have no obligation to “cash-out” or pay any unit member the difference. The City and the Union acknowledge the parties may propose changes to Section 15 during the successor contract negotiations in 2023. During the successor contract negotiations, the chart below in this Section 15.1 shall define the status quo ante for City contributions toward the cost of health benefits for each full-time unit member. Unit members electing coverage with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit member’s pay.
15.1.1 Health Insurance Premiums
During the term of this MOU (2025-2028), the City will cover up to a 6% increase (Benchmarked to Kaiser Region One Rate) to any enrolled employees’ medical plan contribution during a calendar year.
Calpers Offered Medical Plan
Effective
January 1, 2025
Effective January 1,
2026 * (6%
Potential Increase
(unknown at this
time)
Effective January 1,
2027 * (6% Potential
Increase (unknown
at this time)
Effective January 1,
2028 * (6% Potential
Increase (unknown
at this time)
Employee
Only $1,026.03 *$1,087.59 *$1,152.85 *$1,222.02
Employee +
1 $1,988.42 *$2,107.73 *$2,234.19 *$2,368.24
Employee +2
or more
$2,584.97 *$2,740.07 *$2,904.47 *$3,078.74
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Plan 2021
(Effectiv
e first
full pay
period
following
Council
approval
of the
MOU)
2022
(2.0%
increase
effective
January 1
, 2022)
2023
(2.0%
increase
effective
January
1, 2023)
Employee Only $877.70 $895.25 $913.16
Employee + 1 $1,700.97 $1,734.99 $1,769.69
Employee + 2 Or
More
$2,211.27 $2,255.50 2,300.61
CalPERSpers Offered Medical Plan
Effective January
1, 2025
Effective January
1, 2026 * (6%
Potential Increase
(unknown at this
time)
Effective January
1, 2027 * (6%
Potential
Increase
(unknown at this
time)
Employee Only $1,026.03 *$1,087.59 *$1,152.85
Employee + 1 $1,988.42 *$2,107.73 *$2,234.19
Employee +2 or
more
$2,584.97 *$2,740.07 *$2,904.47
15.1.2 Eligibility
To be eligible for a CalPERS offered medical plan, unit represented employees must meet the criteria established by CalPERS.
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The City will continue to offer CalPERS health benefits program and make the necessary employer contributions as contracted with CalPERS for both active and retired participants.
15.1.3 Health In-Lieu Payment Plan
The City will pay a monthly taxable five hundred and fifty dollars ($550) inlieu payment to a unit represented employee who certifies that he or she is eligible for health insurance coverage through another group health plan, declines City health coverage, and provides the City proof of other health coverage. City Health in-Lieu payments shall be effective the first pay period in January 2016. The City shall pay the health in-lieu payment through the unit represented employee’s regular payroll checks. The Health in-Lieu Payment Plan year shall operate on the calendar year. Unit represented employees on an unpaid leave of absence are not eligible for the Health In-Lieu Payment Plan.
15.2 Dental, Orthodontia, and Vision
15.2.1 City of Pacifica Self-Funded Dental Plan
For each unit represented employee, the City shall contribute up to one hundred nineteen dollars ($119) per month per unit represented employee to the City of Pacifica Self Funded Dental Plan, and the Self Funded Plan shall provide the following benefits to covered unit represented employees:
a) The annual per-person deductible is twenty-five dollars ($25) up to a maximum of seventy-five ($75) per family.
b) The maximum annual benefit each calendar year shall be two thousand dollars ($2,000) per eligible unit represented employee and per dependent.
c) A lifetime maximum orthodontia benefit of two thousand dollars ($2,000) for each eligible unit represented employee and dependent.
15.2.2 City of Pacifica VSP Vision Plan
For each unit represented employee, the City shall contribute the following amounts per month per unit represented employee:
a) Unit Represented Employee Only - $18.29
b) Unit Represented Employee Plus One - $26.52
c) Unit Represented Employee Family - $47.56
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15.3 Life and Disability Insurance
15.3.1 Life Insurance
The City shall contribute an amount necessary to provide the life insurance in an amount equal to the unit represented employee’s annual salary. Unit represented employees in this unit may purchase additional life insurance at their own expense through payroll deduction. Unit represented employees may also purchase, through the same voluntary method, life insurance for dependents.
15.3.2 Long-Term Disability Plan
The City shall contribute an amount necessary to provide the long-term disability plan benefits presently in effect for each eligible unit member.
15.4 Domestic Partners Health Benefits
The City will provide medical, dental, and vision benefits for registered domestic partners of bargaining unit represented employees to the same extent, and subject to the same terms and conditions, as medical, dental, and vision benefits are available to spouses of unit represented employees under this MOU. This coverage is conditioned upon the domestic partnership meeting all the criteria of California Family Code Section 297, et seq. and that a valid declaration of domestic partnership has been filed with the Secretary of State pursuant to Family Code Section 297, et seq., registering the domestic partnership.
Domestic partners may enroll in the City’s medical, dental, and vision plans pursuant to this Section only to the extent that the City’s carriers provide such coverage.
15.5 Coverage During Unpaid Leave
Except as otherwise provided in this MOU, unit represented employees on City approved unpaid leaves of absence shall continue to receive health and welfare benefits for the period of the leaves if they wish to purchase such benefits at the current group rates, to be paid by the unit represented employee to the City one (1) month in advance.
15.6 Medical Flexible Spending Account
To the extent allowed by the Internal Revenue Service, the City will offer IRS qualified flexible medical spending accounts (FSA). Unit represented employees may have funds deducted pre-tax from the unit represented employee’s paycheck and deposited into the IRS qualified FSA accounts.
15.7 Dependent Care Flexible Spending Account
To the extent allowed by the Internal Revenue Service, the City will offer IRS qualified Dependent Care Flexible Spending accounts. Unit represented employees may have funds deducted pre-tax from the unit represented employee’s paycheck and deposited into an IRS qualified Dependent Care Flexible Spending account. If, in its sole discretion, the City determines that administration of the Program will require the services of an outside entity
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or contractor, participating unit represented employees shall be responsible for paying their share of the outside contractor’s administration fee.
15.8 Wellness Program
The City in concert with th PPOA will develop and implement a wellness program. The Wellness Program shall have at least the following elements: Nutrition Education and Physical Fitness not to exceed 60 minutes of on duty time, when operationally feasible.
15.9 Commuter Assistance Account
To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified Commuter Plan. Unit represented employees may have funds deducted pre-tax from the unit member’s paycheck and deposited into the IRS qualified Commuter Assistance account.
15.10 VantageCare Retirement Health Savings Account
Unit represented employees may voluntarily participate in and contribute to the City’s VantageCare Retirement Health Savings Plan to set aside pretax contributions for healthrelated expenses after separation or retirement.
15.11 Participation in Tax-Sheltered Annuities
To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified tax sheltered annuity plan. Unit represented employees may have funds deducted pre-tax from the unit represented employee’s paycheck and deposited into the IRS qualified tax sheltered annuity plan account.
15.12 Participation in IRS 457 Deferred Compensation Plan To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified 457 deferred compensation plan. Unit m represented employees may have funds deducted pre-tax from the unit represented employee’s paycheck and deposited into the IRS qualified 457 deferred compensation plan.
15.13 City Contribution to IRS Deferred Compensation Plans For each unit member, the City shall contribute six dollars and sixty-nine cents ($6.69) per pay period to one of these City-offered deferred compensation plans: ICMARC, or Nationwide Retirement Solutions, or California Public Employees’ Retirement System.
15.13.1 Beginning the first pay period after City Council approval of the MOU, City shall provide up to a one percent (1%) of base salary match to each unit represented employee’s one percent (1%) of base salary contribution to their IRS qualified 457 deferred compensation plan of the unit represented employee’s choice for the remainder of the MOU. More specifically, each PPOA represented employee shall have the option to make their one percent (1%) contribution to any one of the three City-offered deferred compensation plans available to PPOA unit represented employees (ICMARC, or
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Nationwide Retirement Solutions, or California Public Employees’ Retirement System) and for the City to make its one (1%) percent matching contribution to that same plan.
However, unit represented employees shall have the individual option to have the equivalent of that one percent (1%) match as money paid to the unit represented employee and deducted pre-tax from the unit represented employee’s paycheck and applied to their health insurance premiums under the City’s offered health insurance plans. This election must be made during open enrollment for the 2023 calendar year. Should a unit represented employee fail to make the election by the election deadline, the 1% of base pay will be provided as a match to their IRS qualified 457 deferred compensation plan for calendar year 2023 that the employee directed the employee contribution and employer match to the deferred compensation plan that the employee elected for Section 15.13.1.
.
This deferred compensation will end the last pay period in June 20285..
SECTION 16. LABOR MANAGEMENT COMMITTEE
The City and the Union will establish a joint committee for the purpose of discussing common problems including safety problems, contract interpretation and administration, application and administration of any Grievance. The Labor-Management Committee shall meet at regular intervals when either side has an agenda to present. Generally, these meetings will be held on a quarterly basis at a mutually satisfactory time for a duration of approximately two hours. Each side will appoint three (3) attending members. Additional members may attend based on the issue being discussed and with the approval of the Human Resources Director. Meetings will be held during normal business hours.
SECTION 17. UNIFORM ALLOWANCE
Newly hired police officer unit represented employees shall receive an initial uniform allowance of one thousand dollars ($1,000); provided, however, that in the event the unit represented employee fails to complete one (1) year of service to the City, such initial uniform allowance or the equivalency in uniforms and equipment must be returned to the City.
Police Officers shall receive an annual uniform allowance of eight hundred dollars ($800), paid in one (1) lump sum on the first warrant list on or after December 1st of each year.
SECTION 18. PROBATIONARY PERIOD
18.1 Duration
Police Officers shall undergo a probationary period from the date of hire until twelve (12) months after completion of the Field Training program. Corporals shall undergo a
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probationary period of twelve (12) months. Where unit represented employee’s extended absence from work has prevented a full probationary evaluation, the probationary period may be extended by the City Manager, or where authority has been delegated by the City Manager, the Department Director, in order to provide a full probationary evaluation. For the purpose of this Section an extended absence from work shall be defined as absences of at least one hundred sixty hours (160).
18.2 Credit for Time Worked in Temporary, Extra Help, or Provisional Status Time worked by an unit member in a temporary, extra help, or provisional status shall not count towards completion of the probationary period; provided, however, that time served in a temporary or provisional appointment may be credited to the probationary period upon recommendation of the department director and approval of the City Manager. The probationary period shall start from the date of probationary appointment. Probationary unit represented employees in regular part-time positions shall be credited with that portion of full-time employment that they worked in a probationary status.
18.3 Transfer to Another Department
Probationary unit represented employees who transfer to another department in a position in the same classification may be required to start a new probationary period as determined by the City Manager, whose decision shall be final.
18.4 Completion of Probation
A unit represented employee who is not rejected prior to the completion of the prescribed probationary period shall acquire regular status automatically. Former regular unit represented employees appointed from a re-employment eligible list shall be given regular appointments when re-employed. Regular unit represented employees who are demoted to lower classifications shall be given regular appointments in the lower classifications.
18.5 Layoff
A unit member represented employee who is laid off and subsequently appointed as a result of certification from a general employment eligible list to a position in a different classification than that from which laid off shall undergo a new probationary period.
Former probationary unit represented employees whose names were placed on a reemployment eligible list before they achieved regular status shall start a new probationary period when appointed from a reemployment eligible list.
18.6 Termination
The City Manager, or where authority has been delegated by the City Manager, the department director, may terminate a probationary unit represented employee at any time during the probationary period without cause, without the right of appeal in any manner, and without recourse to any of the procedures provided in Section 19 hereof.
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18.7 Transfer to Same Classification
Regular unit represented employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the position into which transferred.
18.8 Promotion to Higher Classification
Regular unit represented employees who are promoted to a higher classification shall undergo the probationary period prescribed for the higher classification, but shall have the right to demote to their former classification if rejected during their probationary period.
SECTION 19. DISMISSAL, SUSPENSION OR DEMOTION FOR
CAUSE
The City Manager, or, where the authority has been delegated by the City Manager, the department director may discipline, any regular unit represented employee as provided in Chapter IV of the Department Rules and regulations Manual, this Memorandum of Understanding, or the City of Pacifica Personnel Rules and in compliance with the Public Safety Officers Procedural Bill of Rights.
SECTION 20. RETIREMENT PLAN
20.1 City’s Contract with CalPERS
The City shall continue its contract with the California Public Employees Public Retirement System (CalPERS) for all active PPOA unit members. For Tier One unit members described in Section 20.4, the City’s contract with CalPERS shall include the 1959 survivors benefit plan, and credit for unused sick leave.
All the retirement benefits provided to PPOA unit represented employees are described in this Section 20 or in the City’s contract with CalPERS.
20.2 CalPERS Election about Unit Represented Employee’s Payment of City’s Pension Costs The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to provide for the cost sharing pursuant to Government Code Section 20516 described in this Section 20. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process.
Upon approval and agreement from the bargaining unit and completion of the City’s amendment to the CalPERS contract, unit member contributions will be made pursuant to Government Code Section 20516, and shall extend beyond the expiration of this MOU.
The PPOA and the City will take all actions necessary to implement the Government Code Section 20516 pension cost sharing agreement described in this Section 20.
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20.3 Unit Represented Employee’s Payment of City’s Pension Costs If the contract amendment between the City and CalPERS is not complete before the effective date of the cost sharing described in this Section 20, the cost sharing shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f), and shall extend beyond the expiration of this MOU. The PPOA and the City will take all actions necessary to implement the Government Code Section 20516(f) pension cost sharing agreement described in this Section 20.
20.4 Tier One: Safety 3.0% at 50 Retirement Program – Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Unit Members Eligible for Reciprocity
This Section 20.4 (including subsections) shall apply to bargaining unit represented employees hired on or before December 31, 2012. In addition, this Section 20.4 (including subsections) shall apply to bargaining unit represented employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity requirements:
20.4.1 3% at 50 Pension Formula
The “3% at 50” retirement program will be available to bargaining unit members covered by this Section 20.4.
20.4.2 Final Compensation Based On Twelve Month Period
For purposes of determining a retirement benefit, final compensation for bargaining unit represented employees covered by this Section 20.4 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2.
20.4.3 Required Bargaining Unit Represented Employee Contribution – July 1, 2015 Each bargaining unit represented employee covered by this Section 20.4 shall continue to pay through payroll deduction the nine percent (9.0%) required bargaining unit represented employee contribution. Effective the first full pay period after July 27, 2015, each bargaining unit represented employee covered by this Section 20.4 shall pay, through payroll deduction, an additional four percent (4.0%) of PERSable compensation for a total contribution of thirteen percent (13.0%) toward the normal costs of pension benefits as permitted by Government Code Section 20516. The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to approve this paragraph of Section 20.4.3 of the MOU. For this reason, this paragraph shall be subject to and contingent upon the PPOA bargaining unit’s approval and agreement to implement through payroll deduction, an additional four percent (4.0%) of PERSable compensation for a total contribution of thirteen percent (13.0%) toward the normal cost of pension benefits.
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20.5 Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees Hired On or After January 1, 2013
Effective January 1, 2013, this Section 20.5 (including subsections) shall apply to bargaining unit represented employees who were hired or on after January 1, 2013, and who do not qualify for pension reciprocity as stated in Government Code Section 7522.02(c).
20.5.1 2% @ 50 – 2.7% @ 57 Pension Formula
As required by Government Code Section 7522.25, the safety Option Plan Two (2% @ 50 – 2.7% @ 57) pension formula shall apply to bargaining unit represented employees covered by this Section 20.5.
20.5.2 Final Compensation Based On Three Year Average
As required by Government Code Section 7522.32, effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
20.5.3 Required Unit Represented Employee Contribution
As required by Government Code Section 7522.04(g), bargaining unit represented employees covered by this Section 20.5 shall pay, through payroll deductions, fifty percent (50%) of normal costs.
Effective the first day of the first full pay period in July 2015, in addition to paying fifty percent (50%) of normal costs as described above, bargaining unit represented employees covered by this Section 20.5 shall pay, through payroll deduction, an additional four percent (4.0%) of PERSable compensation toward the City’s normal cost of pension benefits.
20.6 Implementation of Internal Revenue Code Section 414(h)(2) As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each unit represented employee shall pay through payroll deductions the PERS contributions described in Sections 20.3, 20.4, and 20.5 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).
20.7 Definition of Status Quo Ante
After this MOU terminates on June 30, 2018, the status quo ante for all purposes, including any state statute shall be defined as the current language of Section 20.
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SECTION 21. GRIEVANCE PROCEDURE
21.1 Definition
A grievance is any dispute involving the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of any City Official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. A grievance also includes an appeal of demotion, suspension, or dismissal.
21.2 Public Safety Officer Procedural Bill of Rights
Steps I through 3 of the Grievance Procedure shall be utilized to provide the administrative appeal set forth in Section 3304(b) of the Government Code for any appeals of punitive action enumerated in Section 3303. Such appeals shall not be processed beyond Step 3.
21.3 Procedure
Grievances shall be processed in the following steps:
21.3.1 Step 1. Immediate Supervisor. A grievance may be filed by a unit member in his/her own behalf, or jointly by a group of unit represented employees, or by the Association.
Within fourteen (14) calendar days of the event giving rise to a grievance, the aggrieved shall present the grievance in writing to his/her immediate Supervisor. Grievances not presented within the time period shall be considered resolved. The grievance shall state the particulars of the grievance, including the specific provision of this Memorandum of Understanding allegedly violated, and the desired remedy.
The Supervisor shall meet with the grievant to attempt to settle the grievance and give a written answer to the aggrieved within seven (7) calendar days from the receipt of the grievance by the Supervisor.
21.3.2 Step 2. Department Director. If the grievance is not resolved in Step 1, the aggrieved may, within fourteen (14) calendar days from receipt of the Supervisor's written answer, present the grievance in writing to the department director for consideration. The department director shall investigate the issues, meet with the grievant and attempt to reach a satisfactory resolution of the problem. Answer to the grievance shall be made in writing by the department director within fourteen (14) calendar days from receipt of the grievance.
21.3.3 Step 3. City Manager. If the grievance is not resolved in Step 2, the aggrieved may, within five (5) calendar days from receipt of the department director's answer, present the grievance in writing to the City Manager for consideration.
The City Manager shall designate the Assistant City Manager or other representative to investigate the merits of the grievance, to meet with the grievant, and to attempt to settle the grievance or to make recommendations to
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the City Manager. The City Manager shall respond in writing within ten (10) calendar days from receipt of the grievance. No grievance may be further processed under Section 20 unless it has been filed in accordance with Sections
21.3.1 through 21.3.3.
21.3.421.3.3
21.3.521.3.4 Step 4. Arbitration. In the event the City Manager is unable to resolve the Grievance , either the Association or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Association and the City Manager. Notice of arbitration must received within 10 calendar days after receipt of the City Managers decision in
21.3.3. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws governing General Law Cities in the State of California. Prior to arbitration, the City and Union may mutually request the assistance of a Mediator to attempt to settle the grievance.
21.3.5 TThe arbitrator or mediator may be selected by mutual agreement between the Union and the City. Should the parties fail to mutually agree on an arbitrator/mediator, they shall make a joint request to the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators/mediators.. The Parties shall each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.
21.4 Scope of Arbitrator
No arbitrator shall entertain, hear, or decide any dispute unless such dispute involves a position in a unit represented by this Association and unless such dispute falls within the definition of a grievance as set forth in Section 21.1.
Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
21.5 Time to Initiate Discipline Grievances
21.5.1 No grievance involving demotion, suspension or dismissal of a unit represented employee will be entertained unless it is filed in writing with the immediate
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supervisor within five (5) days not including Saturdays, Sundays or holidays, of the time at which the affected unit represented employee was notified of such action.
21.5.2 If the department director or the City Manager resolve a grievance under this Section which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had the right to take the action complained of, the arbitrator may not substitute his judgment for the judgment of management and if he finds that the City had such right, he may not order reinstatement and may not assess any penalty upon the City.
21.6 Grievances Regarding Compensation
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager at Step 3, Section 21.3 above. Only complaints which allege that unit represented employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.
TUITION REIMBURSEMENT
21.7 Amount and Eligibility
A unit represented employee may be reimbursed up to a maximum of two thousand dollars ($2,000.00) within one fiscal year for tuition and related enrollment/registration expense paid for courses of study in an off-duty status if the subject matter content of the course is closely related to the unit represented employee’s present work assignment or in an undergraduate or post graduate program related to the unit represented employee’s work assignment. There must be a reasonable expectation that the unit represented employee’s work performance or value to the City will be enhanced as a result of the course of study.
21.8 Request for Pre-Approval and Reimbursement
Tuition reimbursement will be applied to the City's fiscal year in which the class begins.
The course of study must be approved in advance, with the unit represented employee submitting a Request for Tuition Reimbursement to his/her department director that provides all the information needed for evaluation of the request.
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21.9 City Authorization
The department director shall recommend approval or disapproval and forward the request to the Human Resources Department, whose decision shall be final. Having approved the course of study, Human Resources returns the application to the department, until such time as the course is complete. If a course is approved and later found to be unavailable, a substitute course must be approved.
21.10 Proof of Completion
Upon completion of the course, a copy of the grade sheet or certificate with a grade of C or better, together with original receipts and proof of payment by the unit represented employee of tuition, fees, etc., shall be submitted to Human Resources for processing. Any and all reimbursement must be returned to the City in full if the unit represented employee does not achieve at least a C grade. A copy of the tuition information is placed in the unit represented employee’s personnel file.
21.11 Reimbursement to City Upon Separation
If the unit represented employee leaves the employment of the City within one (1) year after reimbursement, such unit represented employee is required to refund one-half (1/2) of the reimbursement to the City.
SECTION 22. NO STRIKE
The Association, its members and representatives, agree that it and they will not during the term of this Memorandum of Understanding engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Association nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of unit represented employees not covered by this Memorandum of Understanding.
SECTION 23. SEPARABILITY OF PROVISIONS
In the event that any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable or rendered invalid by operation of law, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of understanding, all of which other provisions shall remain in full force and effect.
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SECTION 24. PAST PRACTICES AND EXISTING MEMORANDA
OF UNDERSTANDING
26.1 Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding.
26.2 This Memorandum of Understanding shall supersede all existing memoranda of understanding between the City and the Association.
26.3 No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings under Section 21) will be recognized unless agreed to by the City Manager and the Association, provided that nothing herein shall prevent the City from adjusting past practices to conform with clear contract language.
26.4 All existing side letters that are not incorporated into this Memorandum of Understanding shall terminate on the effective date of this Memorandum.
SECTION 25. ADDITIONAL PROVISIONS
25.1 Term of Agreement
The parties acknowledge that this Memorandum must be presented to and approved by the City of Pacifica City Council. Unless otherwise specifically stated in this MOU, this Memorandum shall become effective on the date approved by the City Council, and shall remain in effect through June 30, 2025.8
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25.2 Negotiations for a Successor Memorandum of Understanding No later than March 15, 20285, the City and the Association shall begin negotiations for a successor Memorandum of Understanding by exchanging initial conceptual proposals.
Made and entered into this ________.
PACIFICA POLICE OFFICERS CITY OF PACIFICA:
ASSOCIATION:
TBDPresident, PPOA Kevin Woodhouse, City Manager
Tbd Vice President , PPOA Yulia Carter
Mark Wilson
Peter HoffmannZach Lopes
Attorney for PPOA Burke, Williams & Sorensen, LLP
Rains Lucia Stern St. Phalle & Silver, PC
APPROVED AS TO FORM
Michelle Marchetta Kenyon
City Attorney
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APPENDIX A
2020-2021 SALARY SCHEDULE
PACIFICA POLICE OFFICER'S ASSOCIATION
In effect June 30, 2021
SALARY RANGE
POLICE OFFICERS
HIRED ON OR BEFORE JUNE 30, 2010 Minimum Maximum
Police Officer Trainee 5,414
Police Officer (Basic Cert) 0-5 years 7,038 8,458
Police Officer (Basic Cert) &-10 years 7,389 8,880
Police Officer (Basic Cert) 11-15 years 7,538 9,057
Police Officer (Basic Cert) 16+ years 7,688 9,239
Police Corporal (&sic Cert) 0-5 years 7,389 8,880
Pollee Corporal (&sic Cert) &-10 years 7,760 9,324
Police Corporal (Basic Cert) 11·15 years 7,913 9,511
Police Corporal (&sic Cert) 16+ years 8,072 9,701
POLICE OFFICERS
HIRED ON OR AFTER JULY 1,2010 Minimum Maximum
Police Officer Trainee 5,414
Pollee Offlcer 0-5 years 7,038 8,458
Pollee Offlcer 6+ years 7,389 8,880
Police Corporal 0-5 years 7,389 8,880
Police Corporal 6+ years 7,760 9,324
AAPPPENDIX A-1
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Appendix A-1
PPOA 2025/2026 Schedule
Police Officer Trainee
Minimum
2025/2026 $ 8,061
PPOA 2025/2026 Schedule
Police Officer
Step 1 Step 2 Step 3 Step 4 Step5
2025/2026 $ 8,464 $ 8,888 $ 9,332 $ 9,799 $ 10,289
PPOA 2025/2026 Schedule
Police Corporal
Step 1 Step 2 Step 3 Step 4 Step5
2025/2026 $ 9,145 $ 9,602 $ 10,082 $ 10,586 $ 11,115
APPENDIX A-1
2021-2022 SALARY SCHEDULE
PACIFICA POLICE OFFICER'S ASSOCIATION
SALARY RANGE
POLICE OFFICERS
HIRED ON OR BEFORE JUNE 30, 2010 Minimum Maximum
Police Officer Trainee 5,576
Police Officer (Basic Cert) 0-5 years 7,249 8,712
Police Officer (Basic Cert) 6-10 years 7,611 9,146
Police Officer (Basic Cert) 11-15
years 7,764 9,329
Police Officer (Basic Cert) 16+ years 7,919 9,516
Police Corporal (Basic Cert) 0-5 years 7,611 9,146
Police Corporal (Basic Cert) 6-10
years 7,993 9,604
Police Corporal (Basic Cert) 11·15
years 8,150 9,796
Police Corporal (Basic Cert) 16+
years 8,314 9,992
POLICE OFFICERS
HIRED ON OR AFTER JULY 1,2010 Minimum Maximum
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Police Officer Trainee 5,576
Police Officer 0-5 years 7,249 8,712
Police Officer 6+ years 7,611 9,146
Police Corporal 0-5 years 7,611 9,146
Police Corporal 6+ years 7,993 9,604
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APPENDIX A-2
APPENDIX A2
2022-2023 SALARY SCHEDULE
PACIFICA POLICE OFFICER'S ASSOCIATION
SALARY RANGE
POLICE OFFICERS
HIRED ON OR BEFORE JUNE 30, 2010 Minimum Maximum
Police Officer Trainee 5,799
Police Officer (Basic Cert) 0-5 years 7,539 9,060
Police Officer (Basic Cert) 6-10 years 7,915 9,512
Police Officer (Basic Cert) 11-15 years 8,075 9,702
Police Officer (Basic Cert) 16+ years 8,235 9,897
Police Corporal (Basic Cert) 0-5 years 7,915 9,512
Police Corporal (Basic Cert) 6-10
years 8,313 9,988
Police Corporal (Basic Cert) 11·15
years 8,476 10,188
Police Corporal (Basic Cert) 16+ years 8,647 10,392
Appendix A-2
PPOA 2026/2027 Schedule
Police Officer Trainee
Minimum
2026/2027 $ 8,303
PPOA 2026/2027 Schedule
Police Officer
Step 1 Step 2 Step 3 Step 4 Step5
2026/2027 $ 8,718 $ 9,154 $ 9,612 $ 10,093 $ 10,597
PPOA 2026/2027 Schedule
Police Corporal
Step 1 Step 2 Step 3 Step 4 Step5
2026/2027 $ 9,511 $ 9,986 $ 10,485 $ 11,010 $ 11,560
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POLICE OFFICERS
HIRED ON OR AFTER JULY 1,2010 Minimum Maximum
Police Officer Trainee 5,799
Police Officer 0-5 years 7,539 9,060
Police Officer 6+ years 7,915 9,512
Police Corporal 0-5 years 7,915 9,512
Police Corporal 6+ years 8,313 9,988
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APPENDIX A-3
Appendix A-3
PPOA 2027/2028 Schedule
Police Officer Trainee
Minimum
2027/2028 $ 8,893
PPOA 2027/2028 Schedule
Police Officer
Step 1 Step 2 Step 3 Step 4 Step5
2027/2028 $ 9,337 $ 9,804 $ 10,294 $ 10,809 $ 11,350
PPOA 2027/2028 Schedule
Police Corporal
Step 1 Step 2 Step 3 Step 4 Step5
2027/2028 $ 10,186 $ 10,695 $ 11,230 $ 11,791 $ 12,381
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APPENDIX B-1
CITY OF PACIFICA
170 Santa Maria Avenue
Pacifica, California 94044
CERTIFICATION OF HEALTH CARE PROVIDER (California Family Rights Act (CFRA) AND FAMILY CARE AND MEDICAL LEAVE ACT (FMLA) IMPORTANT NOTE: The California Genetic Information Nondiscrimination Act of 2011 (CalGINA) prohibits employers and other covered entities from requesting, or requiring, genetic information of an individual or family member of the individual except as specifically allowed by law. To comply with the Act, we are asking that you not provide any genetic information when responding to this request for medical information. “Genetic Information,” as defined by CalGINA, includes information about the individual’s or the individual’s family member’s genetic tests, information regarding the manifestation of a disease or disorder in a family member of the individual, and includes information from genetic services or participation in clinical research that includes genetic services by an individual or any family member of the individual. “Genetic Information” does not include information about an individual’s sex or age.
1. Employee’s Name: _______________________________________________________
2. Patient’s Name (If other than employee): ______________________________________ Patient’s relationship to employee: ___________________________________________ If patient is employee’s child, is patient either under 18 or an adult dependent child:
YesNo
3. Date medical condition or need for treatment commenced [NOTE: THE HEALTH CARE PROVIDER IS NOT TO DISCLOSE THE
UNDERLYING DIAGNOSIS WITHOUT CONSENT OF THE PATIENT:]
4. Probable duration of medical condition or need for treatment:
5. The-attached sheet describes what is meant by a description of what constitutes a “serious health condition” under both the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Does the patient’s condition qualify as a serious health condition?
YesNo
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6. If the certification is for the serious health condition of the employee, please answer the following:
YesNo
Is the employee able to perform work of any kind?
(If “No,” skip next question.)
Is employee unable to perform any one or more of the essential functions of employee’s position? (Answer after reviewing statement from employer of essential functions of employee’s position, or, if none provided, after discussing with employee.)
7. If the certification is for the care of the employee’s family member, please answer the following:
YesNo
Does (or will) the patient require assistance for basic medical, hygiene, nutritional needs, safety, or transportation?
After review of the employee’s signed statement (See Item 10 below), does the condition warrant the participation of the employee? (This participation may include psychological comfort and/or arranging for third-party care for the family member.)
8. Estimate the period of time care is needed or during which the employee’s presence would be beneficial:
_____________________________________________________________________
9. Please answer the following questions only if the employee is asking for intermittent leave or a reduced work schedule.
YesNo
Intermittent Leave: Is it medically necessary for the employee to be off work on an intermittent basis due to the serious health condition of the employee or family member?
If yes, please indicate the estimated frequency of the employee’s need for intermittent leave due to the serious health condition, and the duration of such leaves (e.g., 1 episode every 3 months lasting 1-2 days):
Frequency: _____times per ____ week(s) _____month(s)
Duration: _____hours or ______day(s) per episode
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YesNo
Reduced Schedule Leave: Is it medically necessary for the employee to work less than the employee’s normal work schedule due to the serious health condition of the employee or family member?
If yes, please indicate the part-time or reduced work schedule the employee needs:
___ hour(s) per day; ____days per week, from ______ through ______
YesNo
Time Off for Medical Appointments or Treatment: Is it medically necessary for the employee to take time off work for doctor’s visits or medical treatment, either by the health care practitioner or another provider of health services?
If yes, please indicate the estimated frequency of the employee’s need for leave for doctor’s visits or medical treatment, and the time required for each appointment, including any recovery period:
Frequency: ____times per ____ week(s) ____month(s)
Duration: _____hours or ______day(s) per appointment/treatment ITEM 10 IS TO BE COMPLETED BY THE EMPLOYEE NEEDING FAMILY LEAVE. ****TO BE PROVIDED TO THE HEALTH CARE PROVIDER UNDER SEPARATE COVER.
10. When family care leave is needed to care for a seriously-ill family member, the employee shall state the care he or she will provide and an estimate of the time period during which this care will be provided, including a schedule if leave is to be taken intermittently or on a reduced work schedule:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________
11. Printed name of health care provider:
Signature of health care provider:
________________________________________________________________________ Date: _____________________________
12. Signature of Employee:
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________________________________________________________________________ Date: _____________________________
Serious Health Condition
“Serious health condition” means an illness, injury (including, but not limited to, on-the-job injuries), impairment, or physical or mental condition of the employee or a child, parent, or spouse of the employee that involves either inpatient care or continuing treatment, including, but not limited to, treatment for substance abuse. A serious health condition may involve one or more of the following:
1. Hospital Care
Inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care. A person is considered an “inpatient” when a heath care facility formally admits him or her to the facility with the expectation that he or she will remain at least overnight and occupy a bed, even if it later develops that such person can be discharged or transferred to another facility and does not actually remain overnight.
2. Absence Plus Treatment
(a) A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
(1) Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
(2) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
3. Pregnancy [NOTE: An employee’s own incapacity due to pregnancy is covered as a serious health condition under FMLA but not under CFRA] Any period of incapacity due to pregnancy; or for prenatal care.
4. Chronic Conditions Requiring Treatment
A chronic condition which:
(1) Requires periodic visits for treatment by a health care provider, or by a nurse of physician’s assistant under direct supervision of a health care provider; (2) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
(3) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
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5. Permanent/Long-term Conditions Requiring Supervision A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease.
6. Multiple Treatments (Non-Chronic Conditions)
Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis).
Note: Authority cited: Section 12935(a), Government Code. Reference: Section 12945.2, Government Code; California Genetic Information Nondiscrimination Act, Stats. 2011, ch. 261; Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; and 29 C.F.R. § 825.
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APPENDIX B-2
CITY OF PACIFICA
170 Santa Maria Avenue
Pacifica, California 94044
CERTIFICATION OF HEALTH CARE PROVIDER
FOR PREGNANCY DISABILITY LEAVE, TRANSFER AND/OR REASONABLE
ACCOMMODATION
Employee’s Name:
Please certify that, because of this patient’s pregnancy, childbirth, or a related medical condition (including, but not limited to recovery from pregnancy, childbirth, loss or end of pregnancy, or post-partum depression), this patient needs (check all appropriate category boxes):
Time off for medical appointments.
Specify when and for what duration:
A disability leave. [Because of a patient’s pregnancy, childbirth, or a related medical condition, she cannot perform one or more of the essential functions of her job or cannot perform any of these functions without undue risk to herself, to her pregnancy’s successful completion, or to other persons.] Beginning (Estimate):
Ending (Estimate):
Intermittent leave. Specify medically advisable intermittent leave schedule:
Beginning (Estimate):
Ending (Estimate):
Reduced work schedule. [Specify medically advisable reduced work schedule.] Beginning (Estimate):
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Ending (Estimate):
Transfer to a less strenuous or hazardous position or to be assigned to less strenuous or hazardous duties [specify what would be a medically advisable position/duties].
Beginning (Estimate):
Ending (Estimate):
Reasonable accommodation(s). [Specify medically advisable needed accommodation(s). These could include, but are not limited to, modifying lifting requirements, or providing more frequent breaks, or providing a stool or chair.]
Beginning (Estimate):
Ending (Estimate):
Name, license number and medical/health care specialty [printed] of health care provider.
Signature of health care provider:
Date:
Authority Cited: Government Code Sections 12935, subd. (a), and 12945.
Reference: Government Code Sections 12940, 12945; FMLA, 29 U.S.C. §2601, et seq. and FMLA regulations, 29 C.F.R. § 825.
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CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
7/14/2025
1 SUBJECT:
Resolution of the City Council of the City of Pacifica Accepting the Report of Sewer Service Charges for Fiscal Year 2025-2026 and Directing the Filing of Charges for Collection by the County Controller.
RECOMMENDED ACTION:
Move to adopt the proposed "Resolution of the City Council of the City of Pacifica accepting the report of Sewer Service Charges for Fiscal Year 2025-2026, and directing the filing of charges for collection by the County Controller" to place the assessment charges on the County of San Mateo Property Tax Roll.
STAFF CONTACT:
Yulia Carter, Assistant City Manager
650-738-7402
[email protected]
Marisol Gómez, Director of Finance and Administrative Services 650-501-0257
[email protected]
Melissa Tigbao, P.E., Director of Public Works
(650) 738-3767
[email protected]
Louis Sun, Deputy Director of Public Works - Wastewater 650-738-4660
[email protected]
BACKGROUND/DISCUSSION:
On May 9, 2022, the City Council approved Ordinance 879-C.S., which established a methodology for the collection of sewer service charges and enacted a new five-year rate structure with a maximum annual rate increase for the City’s Wastewater Program service charges from Fiscal Years 2022-23 through 2026-27. A second reading of the ordinance was conducted and approved at the May 23, 2022, meeting. The Ordinance amended sections 6-6.403 through 6-
6.408 of Chapter 6 Title 6 (Sewer Charges) of the Pacifica Municipal Code to reflect the new rate structure. The revenues generated by this rate structure are the main source of revenue for the City’s Wastewater Program and address its future capital and financial needs (detailed below):
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Table 1 - Summary of Residential Rate Modifications
Maximum Rate
2022-23 2023-24 2024-25 2025-26 2026-27
Percent Increase 3.5% 3.5% 3.5% 3.5% 3.5%
Rate* $19.47221 $20.15374 $20.85912 $21.58919 $22.34481 Minimum Annual
Rate
$934.66 $967.38 $1001.24 $1036.28 $1072.55
*Unit calculated by multiplying total use by a factor of 0.9 Table 2 - Summary of Commercial Rate Modifications
Maximum Rate
2022-23 2023-24 2024-25 2025-26 2026-27
Percent Increase 3.5% 3.5% 3.5% 3.5% 3.5%
Rate* $19.47221 $20.15374 $20.85912 $21.58919 $22.34481 Minimum Annual
Rate
$934.66 $967.38 $1001.24 $1036.28 $1072.55
* Unit calculated by total use multiplied by strength factor (see Table 3) Table 3 - City of Pacifica Proposed Commercial Strength Factors Customer Class Current
Car Washes 0.9
Cleaners 1.2
Laundromats 0.75
Restaurants with Grease Traps 1.6
Restaurants without Grease Traps 1.8
Gymnasiums 0.9
All Other Commercial Use 1.0
This resolution implements the sewer service charges for Fiscal Year 2025-2026 (see Attachment A) and reflects a rate increase of 3.5% above the 2024-25 rates. As previously presented in the Sewer Rate Study this 3.5% increase is based on the following:
• Anticipated 2025-2026 expenditures for the operations, maintenance, repair, and management of the City’s Wastewater Program;
• Maintaining a reserve for contingencies which funds operations and maintenance costs for 90 days;
• Construction of wastewater capital projects;
• Providing the Wastewater Enterprise Fund with the appropriate debt service coverage (net operating revenue over debt service payments).
The new rate structure and the 2025-26 rate proposal are supported by a detailed rate study conducted by Bartle Wells Associates dated January 26, 2022. The Proposition 218 review/process is not required for this resolution since the City adhered to this process as part of the approval of the 5-year rate cycle approved on May 23, 2022. The City has selected 6 Packet Pg. 527
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July 14, 2025
Bartle Wells Associates on April 15, 2025, through a qualification-based selection process to begin work on the Sewer Rate Study for FY2027-2032, and the new study could impact future rates.
The charges presented in this report have been calculated in accordance with the amended Municipal Code Section 6-6.404. A list of sewer charges applied to each parcel is kept in the Finance Department at City Hall and public inspection and verification can be arranged by appointment.
ALTERNATIVE ACTION:
The City Council may elect not to adopt the resolution approving the sewer service charges for FY 2025-26 and defer rate increases or lower the rates from what is being proposed. This will result in a significant decrease in Wastewater revenues and may result in insufficient wastewater treatment services and delays in the implementation of the Capital Improvement Projects included in the rate study assumptions.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Adopting the resolution approving the sewer service charges for FY 2025-26 is consistent with the following Council adopted Goal:
• “Enhance organizational and Fiscal Stability” and “Improve and Steward City Infrastructure, streets and facilities”
FISCAL IMPACT:
The Finance Department reviewed water usage per assessor's parcel number (APN) by meter type for the timeframe of March 2024 through February 2025, and applied the proposed rates in order to calculate the sewer charges that will be submitted to the County for the tax roll. Other considerations are factored in such as leakages reported to North Coast County Water District (NCCWD), businesses that have opened and or closed, and parcel changes reported by the San Mateo County Assessor's Office within the timeframe reviewed. The Finance Department continues to work with PCF, the City's sewer parcel management system, NCCWD, and the County to incorporate any feedback prior to submitting the final list for the property tax roll. The proposed 3.5% rate increase is expected to generate approximately $1 million in additional revenue, bringing total Wastewater Fund revenues to a maximum of $20.5 million as included in the FY 2025-26 Budget. This increase will enable the Fund to meet projected expenditures.
ORIGINATED BY:
Public Works - Wastewater Division
Public Works - Wastewater Division
ATTACHMENT LIST:
Attachment A: Sewer Service Charges 2025-26 (PDF)
6 Packet Pg. 528
Pacifica City Council 4
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RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA ACCEPTING THE REPORT OF SEWER SERVICE CHARGES FOR FISCAL YEAR 2025-2026 AND DIRECTING
THE FILING OF CHARGES FOR COLLECTION BY THE COUNTY CONTROLLER WHEREAS, pursuant to Section 6-6.502 of the Pacifica Municipal Code and Section 5473 of the California Health & Safety Code, the City has received a report of sewer charges for Fiscal Year 2025-26, computed in conformity with the City’s schedule of sewer charges (“Report”) on file in the Office of the City Clerk and available for public inspection, and is incorporated herein by reference; and
WHEREAS, the City Council desires to approve the Report and to submit the charges described therein to the San Mateo County Controller for collection on the 2025-2026 tax roll; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the Report as submitted; and
BE IT FURTHER RESOLVED that the City Clerk hereby adopts the FY 2025-2026 sewer service charges to a maximum of $20.5 million and directs staff to file the necessary documents with the Controller to ensure that the said fees are included on the County of San Mateo Property Tax Roll for Tax Year 2025-2026.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of July, 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. 529
SEWER SERVICE CHARGES FY 2025-26
Proposed FY 2025-26 $21.58919/100 cubic feet of water consumption (Increase of 3.5%) Proposed FY 2026-27 $22.34481/100 cubic feet of water consumption (Increase of 3.5%) Adopted FY 2024-25 $20.85912/100 cubic feet of water consumption (Increase of 3.5%) Adopted FY 2023-24 $20.15374/100 cubic feet of water consumption (Increase of 3.5%) Sewer Charge:
FY 2022-23 $19.47221/100 cubic feet of water consumption (Increase of 3.5%) FY 2021-22 $18.81373/100 cubic feet of water consumption (Increase of 7.0%) FY 2020-21 $17.58293/100 cubic feet of water consumption (Increase of 7.0%) FY 2019-20 $16.43264/100 cubic feet of water consumption (Increase of 8.0%) FY 2018-19 $15.21541/100 cubic feet of water consumption (Increase of 8.0%) FY 2017-18 $14.08834/100 cubic feet of water consumption (Increase of 8.0%) FY 2016-17 $13.04476/100 cubic feet of water consumption (Increase of 4.28%) FY 2015-16 $12.50867/100 cubic feet of water consumption (Increase of 2.94%) FY 2014-15 $12.15128/100 cubic feet of water consumption (Increase of 2.9%) CFOWC = Cubic Feet of Water Consumption
FY 2013-14 $11.81632/100 CFOWC. FY 2006-07 $7.33488/100 CFOWC. FY 1999-00 $4.37985/100 CFOWC.
FY 2012-13 $11.81632/100 CFOWC. FY 2005-06 $6.94083/100 CFOWC. FY 1998-99 $3.96437/100 CFOWC.
FY 2011-12 $10.63211/100 CFOWC. FY 2004-05 $6.47862/100 CFOWC. FY 1997-98 $3.89008/100 CFOWC.
FY 2010-11 $10.28208/100 CFOWC. FY 2003-04 $5.38619/100 CFOWC. FY 1996-97 $3.52/100 CFOWC.
FY 2009-10 $9.75568/100 CFOWC. FY 2002-03 $4.69754/100 CFOWC. FY 1995-96 $3.38/100 CFOWC.
FY 2008-09 $9.51463/100 CFOWC. FY 2001-02 $4.67424/100 CFOWC. FY 1994-95 $3.07/100 CFOWC.
FY 2007-08 $8.01056/100 CFOWC. FY 2000-01 $4.27433/100 CFOWC. FY 1993-94 $2.87/100 CFOWC.
CALCULATION YEAR FY 2025-26
(March of the previous year thru February of the current year):
March 2024 thru February 2025
MEASUREMENT PERIOD FOR RESIDENTIAL CUSTOMERS:
Water billings from March 2024 thru February 2025
RESIDENTIAL CALCULATOIN:
Actual Annual Water Consumption x 90% x $21.58919 = Sewer Service Charge MINIMUM SEWER SERVICE CHARGE:
48 Annual Units of Water Consumption x $21.58919 = $1,036.28 Prior year minimum charge = $1,001.24
MEASUREMENT PERIOD FOR COMMERCIAL CUSTOMERS:
Actual Annual Water Consumption.
COMMERCIAL CALCULATION:
Actual Annual Water Consumption x $21.58919 x strength factor = Sewer Service Charge.
COMMERCIAL STRENGTH FACTORS:
Car Washes 0.90
Cleaners 1.20
Laundromats 0.75
Restaurants with functioning grease traps 1.60
Restaurants without functioning grease traps 1.80
Gymnasiums 0.90
Any other commercial use 1.00
Section 6-6.401 through 6-6.407 of the Pacifica Municipal Code addresses the assessment of Sewer Service Charges including the rate and the measurement periods for both residential and commercial customers.
6.a
Packet Pg. 530 Attachment: Attachment A: Sewer Service Charges 2025-26 (5934 : Filing of 2025-26 Sewer Charges)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
7/14/2025
1 SUBJECT:
Approval of Annual Agreements for the Department of Public Works - Wastewater Division for FY 2025-2026 for Polydyne, Inc. for $240,000; Trojan Technologies for $100,000, Synagro West, LLC for $180,000, and Centrisys CNP for $175,000
RECOMMENDED ACTION:
Move to adopt the following resolutions to approve Annual Agreements for the Department of Public Works - Wastewater Division for FY 2025-2026:
1. Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute Purchase Agreement with Polydyne, Inc. In The Amount Of $240,000 For the Calera Creek Water Recycling Plant’s FY 2025-26 Annual Supply of Polymer.
2. Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute Purchase Agreement with Trojan Technologies Group, ULC in The Amount Of $100,000 For the Calera Creek Water Recycling Plant’s FY 2025-26 Annual Supply of Trojan System UVSigna 2 Row System Replacement Parts.
3. Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute Amendment 2 for Master Agreement for Biosolids Services and Task Order No. 3 with Synagro West, LLC In the Amount Of $180,000 For the Calera Creek Water Recycling Plant’s FY 2025-26 Annual Biosolids Hauling and Disposal.
4. Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute Master Agreement for Centrifuge Services with Centrisys CNP In the Amount Of $175,000 For the Calera Creek Water Recycling Plant’s FY 2025-26 Annual Centrifuge Services.
STAFF CONTACT:
Louis Sun, P.E., Deputy Director of Public Works (Wastewater) (650) 738-4660
[email protected]
Melissa Tigbao, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:
During the FY 2025-26 budget approval process, the Council approved funding for Department of Public Works - Wastewater Division (WW) Operations and Maintenance Expenditures (Fund 18). The Council approved funding for the WW chemical expenses for the purchase of the polymer supply, the WW UV supplies and services for the ultra-violet disinfection system equipment, and the WW Sludge Hauling expense for biosolids hauling and disposal services. 7 Packet Pg. 531
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July 14, 2025
Each fiscal year, WW estimates the quantity of services, equipment, supplies and materials that will be needed for recurring maintenance, repairs, and operations during the fiscal year. Items that are proprietary and sold only through the manufacturer, have only one authorized distributor in the area, or have proven to be the only product/service acceptable are sole-sourced.
The following are supplies, materials or services that were deemed by staff to be sole source procurement, or the least cost compared to known vendors:
Polymer Chemical Supply:
Polymer is used in gravity belt thickeners and centrifuges at the Calera Creek Water Recycling Plant (Plant) to thicken and dewater sludge during the wastewater treatment process. It is imperative that the polymer dosed in the centrifuge reacts well with the wet sludge to produce a clear centrate (wastewater liquid and polymer byproduct) that goes back to the Plant’s headworks to be retreated. Having a clear centrate is an indication that the sludge has been dewatered well, thus producing a dryer bio-solid cake. Moreover, the centrate should be clear of solids prior to going back to the headworks for retreatment so as not to clog and/or damage the pumps and other equipment.
Up to the late 2009, the Plant used various types of polymers but ended up clogging the pumps, and the biosolids produced were not the desired dryness. Because of constant equipment breakdowns more manpower was needed to keep the Plant in operation. These on-going issues prompted staff to invite polymer manufacturer representatives to run their polymer through our system. Clarifloc WE-2123 (Clarifloc) polymer supplied by Polydyne, Inc. and Zetag 8818 (Zetag) supplied by Kubwater have similar and excellent performance. However, the cost of Zetag is $2.18 per pound or $5,014 per tote while the cost of Clarifloc is $1.75 per pound or $4,025 per tote - a net saving of $991 per tote or $44,595 annually for 45 totes if Clarifloc is used. Based on Clarifloc being the lesser cost per pound, a Purchase Order with Polydyne is recommended.
Approval of the Purchase Agreement with Polydyne, Inc. in the amount of $240,000 is recommended and will cover the polymer chemical expenditure for WW for Fiscal Year 2025- 2026, as projected by staff.
Trojan System UV Signa 2 Row System Replacement Parts:
The Plant uses ultra-violet (UV) to disinfect its effluent prior to discharging to Calera creek. UV disinfection is a physical process that instantaneously neutralizes microorganisms as they pass by ultraviolet lamps submerged in the effluent. The process adds nothing to the water but UV light, and therefore, has no impact on the chemical composition or the dissolved oxygen content of the water. For this process, the Plant utilizes the Trojan System UV Signa 2 Row System manufactured and trademarked by Trojan Technologies Group, ULC (Trojan).
The following are reasons why Trojan System UV Signa 2 Row System Replacement Parts from Trojan Technologies have been determined to be Sole Source commodities:
• In the Engineered Submittal Package for the Trojan System UV Signa 2 Row System, Trojan provided an equipment performance guarantee stating that the system will meet the required level of disinfection provided that the system is operated and maintained in accordance with recommendations made by Trojan.
• In order for this equipment guarantee to be maintained, it is imperative that the 7 Packet Pg. 532
Pacifica City Council 3
July 14, 2025
appropriate components and replacement parts be used in the system. There are key replacement parts and system components that directly influence the performance and reliability of the system. Among these critical replacement parts are the UV lamps, sleeves, electronic ballasts, wiper seals, printed circuitry etc. • Without using lamps, ballasts, and other components that are approved and validated by Trojan, they cannot guarantee that the system will provide the required germicidal output. Subsequently, they cannot guarantee that the required UV dose is being delivered, if lamp output, ballast efficiency and system programming is unknown. • In order to keep the equipment performance guarantee intact, it is recommended that specialized system components be purchased and contracted from Trojan Technologies which has propriety rights to Trojan System UV Signa 2 Row System replacement parts.
Approval of the Purchase Agreement with Trojan Technologies Group, ULC in the amount of $100,000 is recommended and will cover the UV replacement parts expenditure for WW for Fiscal Year 2025-2026, as projected by staff.
Synagro West LLC Biosolids Hauling and Disposal Services:
Biosolids are nutrient-rich organic materials resulting from the treatment of domestic sewage in a treatment facility. When treated and processed, theseresiduals can be recycled and applied as fertilizer to improve and maintain productive soils and stimulate plant growth. The Plant produces mostly Class "A" but a minimum Class "B" biosolids at an average of 100 wet tons (25 dry tons) per month during dry season and an average of 150 wet tons during winter.
The Plant is required to manage the disposal of the biosolids according to EPAStandard 40 CFR Part 503, which says that biosolids that are to be land applied must meet these strict regulations and quality standards. The Part 503 rule governing the use and disposal of biosolids contains numerical limits, for metals in biosolids, pathogen reduction standards, site restriction, crop harvesting restrictions and monitoring, record keeping and reporting requirements for land applied biosolids as well as similar requirements for biosolids that are surface disposed or incinerated. Most recently, standards have been proposed to include requirements in the Part 503 Rule that limit the concentration of dioxin and dioxin like compounds in biosolids to ensure safe land application. Due to the complexities and specialized knowledge needed to manage the program, a third party with this expertise is needed. The third party must also keep up with current regulations and know how to direct biosolids into clean and safe materials for land applications. Synagro West, LLC has such expertise to provide biosolids hauling and management services.
The following are reasons why Synagro West LLC have been determined to be Sole Source services:
• Synagro provides turnkey residuals management services that includes hauling, agronomic management, permitting and monitoring, which other haulers don't provide.
Their proprietary Residuals Management System sets the industry standards for tracking, monitoring and compliance activities.
• Because of Synagro's unique expertise in biosolids disposal, the Plant is able to divert its biosolids to land application, composting and to landfill as a last resort. During 2024, the Plant produced 1,316.76 wet tons (361.37 dry tons) of biosolids which were land applied in farms in Sacramento County.
7 Packet Pg. 533
Pacifica City Council 4
July 14, 2025
• This is proven to be the most cost-effective way to remove this biohazardous material from the City's property and to meet mandated environmental requirements.
Approval of Amendment 2 for Master Agreement for Biosolids Services and Task Order No. 3 in the amount of $180,000 with Synagro West, LLC are recommended and will cover the biosolid disposal expenditure for WW for Fiscal Year 2025-2026, as projected by staff.
Centrisys CNP Centrifuge Services:
Biosolids are nutrient-rich organic materials resulting from the treatment of domestic sewage in a treatment facility. When treated and processed, theseresiduals can be recycled and applied as fertilizer to improve and maintain productive soils and stimulate plant growth. The Calera Creek Water Recycling Plant (CCWRP) produces mostly Class "A" but a minimum Class "B" biosolids at an average of 100 wet tons per month during dry season and an average of 150 wet tons during winter.
In order for CCWRP to meet the regulatory disposal requirements for biosolids, the decanter centrifuge is used to dewater or remove the liquid from the digested sludge produced in the treatment process. After the digested sludge goes through the centrifuge process, the dewatered sludge is essentially the biosolids that is easier to handle and costs less to transport.
Currently, CCWRP operates on two centrifuges - both are Centrisys Decanter Centrifuge Model No. CS-18-4. The first one was purchased in July 2011, while the second one was in March 2015. The centrifuge is critical to the solids handling process, and although CCWRP operates on one centrifuge at a time, it is important that both are in running condition to provide redundancy. The Model No. CS-18-4 centrifuge technology is proprietary to Centrisys CNP, and only qualified service technicians from Centrisys are authorized to work. Therefore, all past maintenance was and all current maintenance will be performed by qualified Centrisys service technicians.
The Centrisys Decanter Centrifuge Model No. CS-18-4 should be annually serviced and repaired by Centrisys CNP qualified technicians from Centrisys CNP due to the following reasons:
• The original parts and accessories are proprietary to Centrisys CNP, and the Centrisys Maintenance and Repair in Stockton, California is the only authorized repair facility in northern California.
• Centrisys CNP technicians have the expertise on Centrisys Decanter Centrifuges. ,
• Centrisys repair facility has a proven track record of a quick turn-around time on repairs. Crucial for redundancy at CCWRP.
Approval of Master Agreement for Centrifuge Services in the amount of $175,000 with Centrisys CNP are recommended and will cover the centrifuge services expenditure for WW for Fiscal Year 2025-2026, as projected by staff.
For the above reasons, the City Manager is recommending the approval of the Purchase Agreement with Polydyne, Inc. in the amount of $240,000; approval of the Purchase Agreement with Trojan Technologies Group, ULC in the amount of $100,000; approval of the Amendment 1 for Master Agreement for Biosolids Services and Task Order No. 2 with Synagro West, LLC in the amount of $180,000; and approval of the Master Agreement for Centrifuge Services with Centrisys CNP in the amount of $175,000, for the purchases of equipment, supplies, materials 7 Packet Pg. 534
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July 14, 2025
and services in amounts over $75,000 for FY 2025-2026 for routine and recurring maintenance, repairs and operations of Department of Public Works - Wastewater Division from Operations and Maintenance Expenditures (Fund 518) for a total of $695,000.
ALTERNATIVE ACTION:
The Council may choose not to approve the Annual Agreements; however, doing so would delay the treatment of wastewater and is likely to violate the Plant’s National Pollutant Discharge Elimination System (NPDES) permit. The City Manager does not recommend this alternate action.
RELATION TO CITY GOALS AND WORK PLAN:
Approval of the Annual Agreements is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure, streets and facilities: this includes repairing/replacing outdated city facilities such as city hall, libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise. The Annual Purchase Agreement for the polymer, biosolids dewatering and disposal, UV supplies, and centrifuge services will ensure continuous treatment of wastewater at the Calera Creek Water Recycling Plant and compliance with its NPDES permit.
FISCAL IMPACT:
The Source and Use of Funds spreadsheet is shown below:
Vendor Total Use of
Funds Funds Total Project Source
Estimated
Project End
Balance
Polymer $240,000 Enterprise Fund (Fund 518) $240,000 $0 Chemical Account No.
Supply 52342-518451-52607
Enterprise Fund (Fund 518)
Account No.
52341-518451-52628
Enterprise Fund (Fund 518)
Account No.
52402-518451-52602
Centrisys CNP $175,000 Enterprise Fund (Fund 518) $175,000 $0 Account No.
52499-518451-52606
Total $695,000 $695,000
Synagro West
Biosolids Hauling
and Disposal
$180,000 $180,000 $0
Trojan System
UV Signa 2 Row
System
Replacement
Parts
$100,000 $100,000 $0
No additional budget authority is necessary as sufficient funds have been allocated in the Wastewater Enterprise Fund FY 2025-26 budget for these purchases.
ORIGINATED BY:
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Public Works - Wastewater Division
ATTACHMENT LIST:
Attachment A: Purchase Agreement Polydyne FY 2025-26 (PDF) Attachment B: Purchase Agreement Trojan Technologies Corp FY2025-26 (PDF) Attachment C: Amendment 2 to Master Agreement Synagro West LLC_Biosolids Services (PDF)
Attachment D: Task Order 3 - Synagro West LLC_Biosolids Services (PDF) Attachment E: Master Agreement - Centrisys CNP for Centrifuge Repair Services FY2025-26 (PDF)
7 Packet Pg. 536
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RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AGREEMENT WITH POLYDYNE, INC.
IN THE AMOUNT OF $240,000 FOR THE CALERA CREEK WATER RECYCLING PLANT’S FY 2025-26 ANNUAL SUPPLY OF POLYMER
WHEREAS, each fiscal year, Wastewater Division estimates the quantity of services, equipment, supplies and materials that will be needed for recurring maintenance, repairs, and operations during the fiscal year. Items that are proprietary and sold only through the manufacturer, have only one authorized distributor in the area, or have proven to be the only product/service acceptable are sole-sourced; and
WHEREAS, during the FY 2025-26 budget approval process, the Council approved sufficient funding for Department of Public Works - Wastewater Division (WW) Operations and Maintenance Expenditures (Fund 518) that includes these purchases; and WHEREAS, consistent with the City of Pacifica Administrative Policy #76, Purchasing Policy, section 7.4, authorizes the City Manager to waive bidding requirements for sole source purchases if he/she determines sufficient justification exist; and WHEREAS, the City Council of the City of Pacifica has considered the City Manager’s recommendation to approve the Purchase Agreement with Polydyne, Inc. in the amount of $240,000 for the Calera Creek Water Recycling Plant’s FY 2025-26 annual supply of polymer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to execute the Purchase Agreement with Polydyne, Inc. in the amount of $240,000 for the Calera Creek Water Recycling Plant’s FY 2025-26 annual supply of polymer.
• • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of July 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 7 Packet Pg. 537
Pacifica City Council 8
July 14, 2025
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING
THE CITY MANAGER TO EXECUTE PURCHASE AGREEMENT WITH TROJAN TECHNOLOGIES GROUP, ULC IN THE AMOUNT OF $100,000 FOR THE CALERA CREEK WATER RECYCLING PLANT’S FY 2025-26 ANNUAL SUPPLY OF TROJAN SYSTEM UV SIGNA 2 ROW SYSTEM ORIGINAL REPLACEMENT PARTS WHEREAS, each fiscal year, Wastewater Division estimates the quantity of services, equipment, supplies and materials that will be needed for recurring maintenance, repairs, and operations during the fiscal year. Items that are proprietary and sold only through the manufacturer, have only one authorized distributor in the area, or have proven to be the only product/service acceptable are sole-sourced; and
WHEREAS, during the FY 2025-26 budget approval process, the Council approved sufficient funding for Department of Public Works - Wastewater Division (WW) Operations and Maintenance Expenditures (Fund 518) that includes these purchases; and WHEREAS, consistent with the City of Pacifica Administrative Policy #76, Purchasing Policy, section 7.4, authorizes the City Manager to waive bidding requirements for sole source purchases if he/she determines sufficient justification exist; and WHEREAS, the City Council of the City of Pacifica has considered the City Manager’s recommendation to approve the Purchase Agreement with Trojan Technologies Group, ULC in the amount of $100,000 for the Calera Creek Water Recycling Plant’s FY 2025-26 annual supply of Trojan System UV Signa 2 Row System replacement parts; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to execute the Purchase Agreement with Trojan Technologies Group, ULC in the amount of $100,000 for the Calera Creek Water Recycling Plant’s FY 2025- 26 annual supply of Trojan System UV Signa 2 Row System replacement parts. • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of July 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 7 Packet Pg. 538
Pacifica City Council 9
July 14, 2025
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 2 FOR MASTER AGREEMENT FOR BIOSOLIDS SERVICES AND TASK ORDER NO. 3 WITH SYNAGRO WEST, LLC IN THE AMOUNT OF $180,000 FOR THE CALERA CREEK WATER RECYCLING PLANT’S FY 2025-26 ANNUAL BIOSOLIDS HAULING AND DISPOSAL
WHEREAS, each fiscal year, Wastewater Division estimates the quantity of services, equipment, supplies and materials that will be needed for recurring maintenance, repairs, and operations during the fiscal year. Items that are proprietary and sold only through the manufacturer, have only one authorized distributor in the area, or have proven to be the only product/service acceptable are sole-sourced; and
WHEREAS, during the FY 2025-26 budget approval process, the Council approved sufficient funding for Department of Public Works - Wastewater Division (WW) Operations and Maintenance Expenditures (Fund 518) that includes these purchases; and WHEREAS, consistent with the City of Pacifica Administrative Policy #76, Purchasing Policy, section 7.4, authorizes the City Manager to waive bidding requirements for sole source purchases if he/she determines sufficient justification exist; and WHEREAS, the City Council of the City of Pacifica has considered the City Manager’s recommendation to approve the Amendment 2 for Master Agreement for Biosolids Services and Task Order No. 3 with Synagro West, LLC In the Amount Of $180,000 for the Calera Creek Water Recycling Plant’s FY 2025-26 Annual Biosolids Hauling and Disposal; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to execute the Amendment 2 for Master Agreement for Biosolids Services and Task Order No. 3 with Synagro West, LLC In the Amount Of $180,000 for the Calera Creek Water Recycling Plant’s FY 2025-26 Annual Biosolids Hauling and Disposal. • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of July 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 7 Packet Pg. 539
Pacifica City Council 10 July 14, 2025
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING
THE CITY MANAGER TO EXECUTE MASTER AGREEMENT FOR CENTRIFUGE SERVICES WITH CENTRISYS CNP IN THE AMOUNT OF $175,000 FOR THE CALERA CREEK WATER RECYCLING PLANT’S FY 2025-26 ANNUAL CENTRIFUGE SERVICES WHEREAS, each fiscal year, Wastewater Division estimates the quantity of services, equipment, supplies and materials that will be needed for recurring maintenance, repairs, and operations during the fiscal year. Items that are proprietary and sold only through the manufacturer, have only one authorized distributor in the area, or have proven to be the only product/service acceptable are sole-sourced; and
WHEREAS, during the FY 2025-26 budget approval process, the Council approved sufficient funding for Department of Public Works - Wastewater Division (WW) Operations and Maintenance Expenditures (Fund 518) that includes these purchases; and WHEREAS, consistent with the City of Pacifica Administrative Policy #76, Purchasing Policy, section 7.4, authorizes the City Manager to waive bidding requirements for sole source purchases if he/she determines sufficient justification exist; and WHEREAS, the City Council of the City of Pacifica has considered the City Manager’s recommendation to approve the Master Agreement for Centrifuge Services with Centrisys CNP In the Amount Of $175,000 for the Calera Creek Water Recycling Plant’s FY 2025-26 Annual Centrifuge Services; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to execute the Master Agreement for Centrifuge Services with Centrisys CNP In the Amount Of $175,000 for the Calera Creek Water Recycling Plant’s FY 2025-26 Annual Centrifuge Services.
• • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of July 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 7 Packet Pg. 540
PURCHASE AGREEMENT
CITY OF PACIFICA – WASTEWATER DIVISION
PURCHASE ORDER NO.
Seller (Vendor): Buyer:
Name Polydyne, Inc. Name: City of Pacifica
Address 1 Chemical Plant Road Address: 170 Santa Maria Avenue City, State Zip: Riceboro, GA 31323 City, State, ZIP: Pacifica, CA 94044 Attn: Sarah Ben-Yoseph Desmond Barca
Phone: (415) 404-2138 Fax: Phone: (650)446-4704 Fax: (650) 355-7256 E-mail: [email protected] Fed. Tax I.D.: E-mail: [email protected] Project Information (If Applicable): Ship To:
Charge to Calera Creek Water Recycling Plant
Acct#: 52343 WWTP Chemical Expense 518451 52607 700 Pacific Coast Highway Pacifica, CA 94044
Order Date Ship Via Payment Terms
FY 2025-26 - Net 30 days of invoice Upon Receipt of
Equipment Delivery
Buyer and Seller agree as follows:
MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Vendor shall furnish the materials or equipment described below in strict compliance with the Quotation from Polydyne, Inc. dated 5-8-2025 (Attachment 1) at the price or prices set forth opposite each item and within the times stated below in accordance with the terms and provisions of this Purchase Agreement, including the attached Terms and Conditions, which are incorporated into and made a part of this Agreement:
Item
No.
Item Description Budget
Acct No.
Quantity Unit Price Extension Delivery
Date
1 Polymer: Clarifloc WE-2123
(1 tote = 2,300 lbs)
518451 52607 2,300 lbs $ 1.84 $ 4,232/tote
TOTAL $ 4,232/tote
Sales Tax : $ TBD
Shipping: $ 0
P.O. Total: $ 240,000.00 (Not to exceed)
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Packet Pg. 541 Attachment: Attachment A: Purchase Agreement Polydyne FY 2025-26 (5971 : Resolution to Approve Annual Agreements for DPW-WW FY
PURCHASE AGREEMENT
Project Title: POLYDYNE, INC. – SUPPLY OF POLYMER (CLARIFLOC WE-2123) FY 2025-26
Special Terms and Conditions
Shipping: Show Purchase Order number on all packages and invoices.
All purchases are F.O.B Pacifica unless otherwise specified on Purchase Order.
Charges: All transportation charges must be prepaid and shown separately on all invoices. Purchase up to $25,000 (must be approved
by Department Head or authorized signatory)
Approved: _______________________
Name: LOUIS SUN
Title: Interim Director of Public Works
Purchase between $25,000.01 and $50,000
(must be approved by the Assistant City
Manager)
Approved: _______________________
Name: YULIA CARTER
Title: Assistant City Manager
Purchase between $50,000.01 and $75,000
(must be approved by the City Manager)
Approved: _______________________
Name: KEVIN WOODHOUSE
City Manager
Purchase above $75,000
(must be approved by the City Council)
Date City Council Approved: _______________
Buyer: CITY OF PACIFICA
Authorized Signature: _______________________
Name: KEVIN WOODHOUSE
Title: City Manager
Vendor: POLYDYNE, INC.
Authorized Signature: _______________________
Name:
Title:
If Seller is located in the City of Pacifica, does Seller have a current business license? Yes No
Boyd Stanley
Sr. Vice-President
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Packet Pg. 542 Attachment: Attachment A: Purchase Agreement Polydyne FY 2025-26 (5971 : Resolution to Approve Annual Agreements for DPW-WW FY
PURCHASE AGREEMENT
Project Title: POLYDYNE, INC. – SUPPLY OF POLYMER (CLARIFLOC WE-2123) FY 2025-26
PURCHASE ORDER TERMS AND CONDITIONS
DEFINITIONS: The term "Buyer" as used in this Purchase Order means the City of Pacifica, and the term "Seller" means the person, firm, or corporation from whom the material or equipment described in the purchase order is ordered.
ACCEPTANCE: The attached Acceptance Copy shall be signed and returned by the Seller within ten (10) calendar days after it is received by the Seller. The receipt by the Buyer of the signed Acceptance Copy or the initiation of performance under this Purchase Order by the Seller shall constitute acceptance of the Purchase Order by the Seller, including all of the terms and conditions herein. Acceptance is limited to the terms stated herein. Any additional or different terms and conditions proposed by the Seller are rejected unless expressly agreed to in writing by City Purchasing Agent or authorized agent.
COMPLETE AGREEMENT: This Purchase Order, including all applicable terms, conditions and specifications, shall constitute the sole and exclusive agreement between the parties. This Purchase Order supersedes all other writings and negotiations, written or oral. The City of Pacifica will not be responsible for goods delivered without a Purchase Order properly signed by the City Purchasing Agent or authorized agent. When this Purchase Order covers a purchase rendered over a stated period of time, Seller must obtain a new order upon expiration of the time period to authorize the purchase for an additional period of time.
DEFAULT: The Buyer may terminate the whole or any part of the purchase in any one of the following circumstances: (1) If the Seller fails to make delivery or fails to perform within the time specified herein or any extension thereof; or (2) If Seller delivers nonconforming goods; or (3) If Seller fails to perform in accordance with the material provisions of this agreement, or so fails to make progress as to endanger performance of this Purchase Order in accordance with its terms. In the event of any such failure Buyer will provide Seller with written notice of the default and Buyer's intention to terminate for default if Seller fails to cure the default to Buyer's satisfaction within seven (7) calendar days of Buyer' notice. If Seller fails to cure or correct the default within seven days, the Buyer may, without further notice to Seller, procure upon such terms and in such manner as the Buyer may deem appropriate, items similar to those terminated, and the Seller shall be liable to the Buyer for any excess costs of such similar items; however, the Seller shall continue the performance of this Purchase Order to the extent not terminated.
The rights and remedies of the Buyer provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Purchase Order.
CHANGES: Buyer may direct in writing changes, including additions to or deletions from the quantities originally ordered, or in the specifications or drawings. If any such change causes a material increase or decrease in the cost of, or the time required for, performance hereunder, an equitable adjustment shall be made in the price or schedule. Any claims for adjustment which Seller believes result from any change directed by Buyer shall be asserted in writing by Seller no later than ten (10) days from the date of Seller's receipt of any such direction. Equitable adjustments for any claims or changes under this agreement, including claims arising from terminations or suspensions directed under DEFAULT above, of this agreement, will be made by
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Packet Pg. 543 Attachment: Attachment A: Purchase Agreement Polydyne FY 2025-26 (5971 : Resolution to Approve Annual Agreements for DPW-WW FY
PURCHASE AGREEMENT
Project Title: POLYDYNE, INC. – SUPPLY OF POLYMER (CLARIFLOC WE-2123) FY 2025-26
written Change Order. Nothing contained herein shall excuse Seller from proceeding with the change as directed prior to negotiation of any adjustment. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a member of the Buyer’s Purchasing Department.
INVOICES: Seller shall send Buyer a separate invoice for each shipment. Invoices shall not be issued prior to delivery of items. Payment shall not be made prior to receipt of items and an invoice. Credit and discount periods will be computed from the date of receipt of the invoice to the date the Buyer’s check is mailed. Unless freight and other charges are itemized, the discount will be taken on the full amount of the invoice. Payment will be made within thirty (30) days after approval of the invoice by the Buyer.
TITLE AND RISK OF LOSS: All prices shall be F.O.B. Factory. The Seller shall be responsible for safe and adequate packing of the items, which shall conform to the carriers’ requirements. The Seller shall separately number all cases and packages, showing the corresponding numbers on the invoices. An itemized packing slip bearing this Purchase Order number shall be placed in each container. No extra charge shall be made for packaging or packing materials unless authority therefor is set forth in this Purchase Order. Seller shall assume and pay for any and all loss or damage to the merchandise from any cause whatsoever until delivered to Buyer at the specified destination.
DELIVERY: Timely performance and deliveries are essential to this Purchase Order. The Buyer reserves the right to refuse deliveries made in advance of the delivery schedule.
Overshipment allowances, if authorized, will be applied to the entire order. If the Buyer agrees to accept deliveries after the date of delivery has passed, the Buyer shall have the right to direct the Seller to make shipment to the delivery point set forth in this Purchase Order by the most expeditious means, and the total cost of such expedited shipment and handling shall be borne by the Seller. Acceptance of late deliveries shall not be deemed a waiver of the Buyer’s right to hold the Seller liable for any loss or damage resulting therefrom, nor shall it act as a modification of the Seller’s obligation to make future deliveries in accordance with the delivery schedule.
DELAYS: Seller will not be liable for delays in performing its obligations to the extent the delay is caused by an unforeseeable condition which is beyond Seller’s reasonable control and without Seller's fault or negligence. Acts of God, such as storms or floods, as well as government priorities, acts of civil or military authorities, fires, strikes, epidemics, war or riot are examples of events which will be excusable for being beyond Seller's reasonable control, only upon fulfillment of the following conditions: (a) within seven (7) days of the commencement of any excusable delay, Seller shall provide Buyer with written notice of the cause and extent thereof as well as a request for a schedule extension for the estimated duration thereof, and (b) within seven (7) days of the cessation of the event causing delay Seller shall provide Buyer with written notice of the actual delay incurred, upon receipt of which, the date of promised delivery shall be extended for the time actually lost by reason of an excusable delay.
INSPECTION AND APPROVAL: All items are subject to final inspection and approval after delivery to Buyer. If any items are defective in material or workmanship or otherwise not in conformity with the requirements of this Purchase Order, the Buyer shall have the right to
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Packet Pg. 544 Attachment: Attachment A: Purchase Agreement Polydyne FY 2025-26 (5971 : Resolution to Approve Annual Agreements for DPW-WW FY
PURCHASE AGREEMENT
Project Title: POLYDYNE, INC. – SUPPLY OF POLYMER (CLARIFLOC WE-2123) FY 2025-26
require Seller to correct or replace them. Final acceptance or rejection shall be made by the Buyer as promptly as practicable after delivery. Final acceptance shall be conclusive except with respect to latent defects, fraud or such gross mistakes as amount to fraud, or with respect to the Buyer’s rights under the “Warranty” clause.
WARRANTIES-GUARANTEES: The Seller warrants that the items, at time of delivery, shall conform to the Buyer’s specifications, the requirements of this Purchase Order, approved sample or samples, if any, and are free from defects in design, material and workmanship. Warranty will be as described in the attached Vendor’s Quotation. At the Buyer’s option, the Seller shall promptly either repair or replace defective items after receipt of the Buyer’s written notice of a defect. Transportation charges for the return and redelivery of defective items shall be borne by the Seller. Seller also warrants that said merchandise is free and clear of all liens and encumbrances whatsoever and the Seller has good and marketable title to same, and Seller agrees to indemnify, defend and hold the City of Pacifica, its officers, agents and employees free and harmless against any and all claimants to said merchandise.
SAFETY: All equipment and materials shall comply with all Federal, State and local safety rules and regulations including OSHA. Where applicable, materials must be labeled in accordance with Section 5194, Title 8, of the California Administrative Code. The Seller is required to include a Material Safety Data Sheet prepared in accordance with Section 5194(9) with each shipment of all such materials to the City.
EQUAL OPPORTUNITY EMPLOYER: It is the policy of the City of Pacifica that in connection with all materials furnished or work performed under this Purchase Order, there be no discrimination against employees because of race, religion, color, sex or national origin, and therefore the Seller agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practices Act.
TAXES: Unless prohibited by law, Seller shall pay and has included in the prices of this Purchase Order any federal, state or local tax, transportation tax, or other tax which is required to be imposed upon the items ordered hereunder, or by reason of their sale or delivery.
TERMINATION FOR CONVENIENCE: Buyer shall have the right to terminate this Purchase Order in whole or in part at any time, and from time to time, by written notice effective upon receipt by Seller of such notice, even though Seller is not in breach of any obligation hereunder.
Upon receipt of notice of termination, Seller shall immediately discontinue performance and shall comply with Buyer’s instructions concerning disposition of completed and partially completed items, work in progress and materials acquired pursuant to this Purchase Order. In the event of such termination, Seller shall be paid an amount in settlement to be mutually agreed upon by the parties which shall cover Seller’s reasonable costs of performance incurred prior to termination in connection with the items for which this Purchase Order is terminated plus a reasonable profit based upon such costs. However, said payment shall not exceed the price specified herein for such items. Seller shall advise the Buyer, in writing, of Seller’s claim, if any, for termination costs within ten (10) days after receipt of the notice of termination.
Termination in accordance with this article shall not affect Buyer’s obligation to pay for items accepted by Buyer prior to such termination.
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Packet Pg. 545 Attachment: Attachment A: Purchase Agreement Polydyne FY 2025-26 (5971 : Resolution to Approve Annual Agreements for DPW-WW FY
PURCHASE AGREEMENT
Project Title: POLYDYNE, INC. – SUPPLY OF POLYMER (CLARIFLOC WE-2123) FY 2025-26
GOVERNING LAW; VENUE; DEFINITIONS: The definition of terms used, interpretation of this Purchase Order and rights of all parties hereunder shall be construed under and governed by the laws of the State of California. Any litigation with respect to this Purchase Order shall be brought and conducted in San Mateo County, California.
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Packet Pg. 546 Attachment: Attachment A: Purchase Agreement Polydyne FY 2025-26 (5971 : Resolution to Approve Annual Agreements for DPW-WW FY ATTACHMENT 1
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Packet Pg. 547 Attachment: Attachment A: Purchase Agreement Polydyne FY 2025-26 (5971 : Resolution to Approve Annual Agreements for DPW-WW FY polydyneinc.com
Polydyne Inc. • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659 Emailed to: [email protected]
May 8, 2025
Louis Sun
Interim Public Works Director
City of Pacifica
700 Pacific Coast Highway
Pacifica, CA 94044
Subject: City of Pacifica Price Quote Proposal
Dear Mr. Sun,
Polydyne Inc. remains committed to providing cost-effective polymer solutions to the U.S. municipal market. As the upcoming fiscal year quickly approaches, we have closely monitored ongoing market conditions, including the evolving tariff environment, and as a result, we must adjust our pricing accordingly.
Effective July 1, 2025, Polydyne Inc. proposes to supply as follows:
PRODUCT UNIT PRICE PACKAGE
CLARIFLOCTM WE-2123 $1.84/LB. DELIVERED* TOTES
*Applicable taxes will appear as a separate line item on invoices.
While we have worked diligently to absorb cost increases and maintain stable pricing, the continuing impact of current tariff policies and overall market volatility have made it necessary to implement this pricing adjustment. These changes reflect only a portion of the increased costs we’ve incurred, and we have made every effort to minimize the impact on our customers. We deeply value your partnership and remain committed to keeping costs as competitive as possible while ensuring continued quality and reliability for our valued customers. If this proposal is acceptable, please send notification by email to [email protected].
We greatly appreciate your business and look forward to continuing our partnership. If you have any questions regarding this proposal or would like to discuss it in further detail, please feel free to contact Sarah Ben-Yoseph, Technical Sales Representative, (415) 404-2138, or Rawlin Castro, West Region Sales Manager, (415) 218-6089.
Best regards,
Boyd Stanley
Sr. Vice-President
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Packet Pg. 548 Attachment: Attachment A: Purchase Agreement Polydyne FY 2025-26 (5971 : Resolution to Approve Annual Agreements for DPW-WW FY polydyneinc.com
Polydyne Inc. • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659 May 7, 2025
Dear Valued Customer,
At Polydyne, Inc., we are committed to supporting the Municipal polymer market. To ensure this, we source materials such as acrylic acid, methyl acrylate, and many others worldwide. Our sourcing from Asia and other regions has allowed us to bring lower-cost feedstocks to our customers and ensure supply to our customers when the US Gulf Coast has been shut down due to winter storms, hurricanes, and other events.
On April 2, 2025, the United States implemented tariffs against most nations, impacting the cost of both domestic and imported raw materials. The tariffs on many feedstocks from China have increased to nearly 150%, and other regions where free trade agreements were in place are now faced with 10% tariffs that could go much higher on July 9. Our US-based suppliers have seized this opportunity to increase adders that have been eroded by inflation and attempts to compete with import sources.
We have been proactive in mitigating the cost impact of these tariffs. We've strategically shifted our purchases to countries with the lowest possible tariffs and, where most economical, we've moved purchases to US suppliers. Despite these efforts, we must adjust pricing due to increased costs from mandated tariffs. Your designated Polydyne Inc. Technical Sales Representative will be contacting you shortly with more details.
We appreciate our partnership with you and appreciate your understanding as we attempt to navigate the rapidly changing economic environment.
Best regards,
Boyd Stanley
Senior Vice-President
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Packet Pg. 549 Attachment: Attachment A: Purchase Agreement Polydyne FY 2025-26 (5971 : Resolution to Approve Annual Agreements for DPW-WW FY
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MASTER AGREEMENT FOR BIOSOLIDS SERVICES
AMENDMENT NO. 2
This AMENDMENT NUMBER 2 is entered into as of the 14th day of July 2025 (“Amendment No. 2”), by and between the CITY OF PACIFICA, herein called the “City,” and SYNAGRO WEST LLC. hereinafter called the “Consultant.” City and Consultant may be referred to individually as “Party” and collectively as “Parties”.
RECITALS
A. WHEREAS, City and Consultant entered into a Master Agreement for Biosolids Services on August 14th, 2023 for providing Biosolids Services; and B. WHEREAS the Master Agreement identified an end of term date in Section 3.1 as C. WHEREAS the Amendment No. 1 was entered on August 12, 2024; and D. WHEREAS, the Parties desire to extend that date to December 31, 2027.
AGREEMENT
A. Amendment. The Parties agree that the Master Agreement shall be amended as set forth below.
1. Section 3.1 “Effective Date”. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until December 31, 2027 (the “Term”).
2. Agreement in Effect. All other provisions of the original Master Agreement, except as amended herein, shall remain in full force and effect. [Signatures on Next Page]
Biosolids Services Agreement
SYNAGRO WEST LLC
Amendment No.1 Page 1
OAK #4817-6120-9406 v3
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Packet Pg. 562 Attachment: Attachment C: Amendment 2 to Master Agreement Synagro West LLC_Biosolids Services (5971 : Resolution to Approve Annual IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No.2 as of the date first written above.
CITY OF PACIFICA
By:
______________________________ Date
Kevin Woodhouse, City Manager
Attest:
By:
______________________________ Date
Sarah Coffey, City Clerk
Approved As To Form:
By: ______________________________ Date
Michelle Marchetta Kenyon, City Attorney
CONSULTANT: SYNAGRO WEST LLC.
By: ______________________________ Date
Rhylee Callan, Contract Manager
Biosolids Services Agreement
SYNAGRO WEST LLC
Amendment No.1 Page 2
OAK #4817-6120-9406 v3
6/30/2025
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Packet Pg. 563 Attachment: Attachment C: Amendment 2 to Master Agreement Synagro West LLC_Biosolids Services (5971 : Resolution to Approve Annual TASK ORDER NO. ___3____
CITY OF PACIFICA
AND
SYNAGRO WEST, LLC
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct SYNAGRO WEST, LLC. to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Biosolids Services between the City of Pacifica (“CITY”) and SYNAGRO WEST, LLC (“CONSULTANT”) hereto dated August 15, 2023(“MASTER AGREEMENT”) SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed One Hundred Eighty Thousand Dollars ($180,000) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by December 31, 2027 or as extended in writing by the City Manager.
SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this ___14__ day of July 14, 2025.
[Signatures on Next Page]
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Packet Pg. 564 Attachment: Attachment D: Task Order 3 - Synagro West LLC_Biosolids Services (5971 : Resolution to Approve Annual Agreements for DPW-
CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
SYNAGRO WEST, LLC
By: Date 6/30/2025
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Packet Pg. 565 Attachment: Attachment D: Task Order 3 - Synagro West LLC_Biosolids Services (5971 : Resolution to Approve Annual Agreements for DPW- Attachment “A” – Scope of Services
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Packet Pg. 566 Attachment: Attachment D: Task Order 3 - Synagro West LLC_Biosolids Services (5971 : Resolution to Approve Annual Agreements for DPW-
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Packet Pg. 567 Attachment: Attachment D: Task Order 3 - Synagro West LLC_Biosolids Services (5971 : Resolution to Approve Annual Agreements for DPW- Attachment “B”
– Compensation
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Packet Pg. 568 Attachment: Attachment D: Task Order 3 - Synagro West LLC_Biosolids Services (5971 : Resolution to Approve Annual Agreements for DPW- June 27, 2025
CITY OF PACIFICA
Attn: Mario Xuereb
170 Santa Maria Ave.
Pacifica, California 94044
RE: City of Pacifica, CA - Biosolids Services
CPI Cost Adjustment
Per our contract, Synagro is entitled to an adjustment of our contract price(s) effective at the anniversary of the contract.
Such price(s) shall be adjusted annually consistent with the U.S. Department of Labor, Bureau of Labor Statistics' Consumer Price Index (CPI) for the West Urban area, Not Seasonally Adjusted with the base being June 2024. We hereby inform to you that an adjustment has been calculated as follows:
Item
Description
CPI
Percentage
Multiplier
Base
Price
Price
Adjustment
Percentage
New
Price
Unit
MONTHLY TRAILER RENTAL 100.00% $1,367.93 1.32% $1,385.99 M o n t h l y Fee
STANDBY 100.00% $134.21 1.32% $135.98 Hour
TRANSPORT AND LAND APPLY BIOSOLIDS AT SOLANO (22 TON MINIMUM PER LOAD)
100.00% $87.24 1.32% +
$4.00
$92.39 Wet Ton
TRANSPORT AND LAND APPLY BIOSOLIDS AT SILVA (22 TON MINIMUM PER LOAD)
100.00% $87.24 1.32% +
$4.00
$92.39 Wet Ton
TRANSPORT AND LAND APPLY BIOSOLIDS AT MERCED (22 TON MINIMUM PER LOAD)
100.00% $87.24 1.32% +
$4.00
$92.39 Wet Ton
MONTHLY BIOSOLIDS TESTING 100.00% $459.42 1.32% $465.48 Each MINIMUM LOAD CHARGE (TONS UNDER 22 TONS PER LOAD) 100.00% $1,862.45 1.32% $1,887.03 Each LANDFILL DISPOSAL OF NON-CLASS B, NOT SUITABLE FOR COMPOSTING 100.00% $120.79 1.32% $122.38 Wet Ton TRANSPORT AND LAND APPLY BIOSOLIDS AT SAN BENITO (22 TON MINIMUM
PER LOAD)
100.00% $87.24 1.32% +
$4.00
$92.39 Wet Ton
We shall prepare our invoices effective July 1, 2025 through June 30, 2026 with the adjusted unit prices, as stated above.
Again, we greatly appreciate your business and thank you for your consideration.
Sincerely,
Philip Morsberger
Philip Morsberger
Accounting Manager
435 Williams Court, Suite 100
Baltimore, MD 21220
www.synagro.com
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Packet Pg. 569 Attachment: Attachment D: Task Order 3 - Synagro West LLC_Biosolids Services (5971 : Resolution to Approve Annual Agreements for DPW- Databases, Tables & Calculators by Subject
Special Notices 4/25/2024
Change Output Options:
From: 2015 To: 2025
include graphs include annual averages
Data extracted on: June 27, 2025 (1:58:58 PM)
Consumer Price Index for All Urban Consumers (CPI-U)
Series Id: CUURS49BSA0,CUUSS49BSA0
Not Seasonally Adjusted
Series Title: All items in San Francisco-Oakland-Hayward, CA, all urban consumers, not seasonally adjusted Area: San Francisco-Oakland-Hayward, CA
Item: All items
Base Period: 1982-84=100
Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2015 254.910 257.622 259.117 259.917 261.019 260.289 258.572 256.723 260.421 2016 262.600 264.565 266.041 267.853 270.306 269.483 266.344 263.911 268.777 2017 271.626 274.589 275.304 275.893 277.570 277.414 274.924 273.306 276.542 2018 281.308 283.422 286.062 287.664 289.673 289.896 285.550 282.666 288.435 2019 291.227 294.801 295.259 295.490 298.443 297.007 295.004 293.150 296.859 2020 299.690 298.074 300.032 300.182 301.736 302.948 300.084 299.109 301.059 2021 304.387 309.419 309.497 311.167 313.265 315.805 309.721 306.724 312.718 2022 320.195 324.878 330.539 328.871 332.062 331.222 327.060 323.408 330.711 2023 337.173 338.496 340.056 340.094 341.219 339.915 339.050 337.689 340.411 2024 345.151 351.247 351.064 349.290 349.370 348.001 348.417 347.857 348.977 2025 354.432 355.707
U.S. BUREAU OF LABOR STATISTICS
U.S. BUREAU OF LABOR STATISTICS Office of Publications and Special Studies Suitland Federal Center Floor 7 4600 Silver Hill Road Washington, DC 20212-0002 Telephone: 202-691-5200 Telecommunications Relay Service: 7-1-1 www.bls.gov Contact Us
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Packet Pg. 570 Attachment: Attachment D: Task Order 3 - Synagro West LLC_Biosolids Services (5971 : Resolution to Approve Annual Agreements for DPW-WW FY 2025-26)
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Packet Pg. 571 Attachment: Attachment E: Master Agreement - Centrisys CNP for Centrifuge Repair Services FY2025-26 (5971 : Resolution to Approve Annual
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Packet Pg. 573 Attachment: Attachment E: Master Agreement - Centrisys CNP for Centrifuge Repair Services FY2025-26 (5971 : Resolution to Approve Annual
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Packet Pg. 574 Attachment: Attachment E: Master Agreement - Centrisys CNP for Centrifuge Repair Services FY2025-26 (5971 : Resolution to Approve Annual
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Packet Pg. 575 Attachment: Attachment E: Master Agreement - Centrisys CNP for Centrifuge Repair Services FY2025-26 (5971 : Resolution to Approve Annual Attest:
By: ___________________________
Sarah Coffey, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
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Packet Pg. 576 Attachment: Attachment E: Master Agreement - Centrisys CNP for Centrifuge Repair Services FY2025-26 (5971 : Resolution to Approve Annual
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Packet Pg. 577 Attachment: Attachment E: Master Agreement - Centrisys CNP for Centrifuge Repair Services FY2025-26 (5971 : Resolution to Approve Annual TASK ORDER NO. __1_____
CITY OF PACIFICA
AND
CENTRISYS CNP
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct CENTRISYS to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Centrifuge Services between the City of Pacifica (“CITY”) and CENTRISYS (“CONTRACTOR”) hereto dated __April 22, 2025____ (“MASTER AGREEMENT”) SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed _One Hundred Seventy Five Thousand_ ($175,000.00_) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by December 31, 2026 or as extended in writing by the City Manager.
SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this __22___ day of April, _2025__.
[Signatures on Next Page]
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Packet Pg. 578 Attachment: Attachment E: Master Agreement - Centrisys CNP for Centrifuge Repair Services FY2025-26 (5971 : Resolution to Approve Annual
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CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
7/14/2025
1 SUBJECT:
Amendment to Consultant Services Agreement Between the City of Pacifica and Raney Planning & Management, Inc.
RECOMMENDED ACTION:
Move to adopt the attached resolution to approve an Amendment to the Agreement for Consultant Services between the City of Pacifica and Raney Planning & Management, Inc., by increasing the contract amount by $50,000 for a total contract amount of $1,025,000, extend the term to June 30, 2026, and to authorize the City Manager to execute the amendment.
STAFF CONTACT:
Elizabeth Brooks, Management Analyst II
650-738-7341
[email protected]
Samantha Updegrave, Community Development Director
650-738-7341
[email protected]
BACKGROUND/DISCUSSION:
The Community Development Department (CDD) processes complex development applications, many of which are subject to environmental review under the California Environmental Quality Act (CEQA). These projects include large residential developments and long-range planning efforts, all of which require thorough, legally defensible environmental documentation. Due to limited in-house CEQA expertise and staffing capacity, the City relies on outside consulting support to assist the City in fulfilling its CEQA obligations in a timely and comprehensive manner.
Raney Planning & Management, Inc. has served as a CEQA consultant for the City under the existing agreement since 2016 (Attachment A), providing expert environmental review services.
Their work includes preparing CEQA documents such as Initial Studies, Mitigated Negative Declarations, and Environmental Impact Reports, as well as reviewing technical studies and responding to public and agency comments. Raney is currently supporting several ongoing and upcoming high-profile projects that require substantial CEQA analysis, including both projectlevel and program-level environmental documentation.
Since the last amendment, CDD’s project workload has grown, with staff simultaneously managing multiple consultant-led planning efforts and responding to sustained development interest. Internal staff resources remain limited, making continued consultant support essential to maintaining compliance with CEQA and advancing priority projects. Due to the complexity and volume of the work, the total cost of services under the agreement is now expected to 8 Packet Pg. 584
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exceed the existing contract amount. In most cases, CEQA costs are reimbursable through developer deposits or funded directly by applicants.
Staff recommends approval of the Eighth Amendment to the Agreement for Consultant Services with Raney Planning & Management, Inc. (Attachment B) to (1) increase the contract amount by $50,000 and (2) extend the term of the agreement through June 30, 2026. These changes will ensure continued access to the CEQA expertise necessary to support project review and environmental compliance.
ALTERNATIVE ACTION:
The City Council may choose not to approve the proposed amendment at this time. Under this alternative, staff would need to evaluate other means of completing required CEQA documentation for pending and future projects, which may result in project delays, increased staff workload, or the need to secure alternative consultant services. This option is not recommended, as Raney Planning & Management, Inc. has developed substantial familiarity with the City’s processes, project context, and environmental review needs, and provides critical support in meeting legal and regulatory obligations under CEQA.
CEQA:
The approval of the amendment to the agreement with Raney is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The proposed Eighth Amendment supports City Council Strategic Goal 1: Enhance organizational and fiscal stability by providing critical expert consultant support that helps ensure CEQA requirements are met without diverting internal resources from broader departmental responsibilities and City priorities. It also advances Goal 3: Prioritize protection and development of affordable housing, by enabling timely environmental review of housingrelated applications, including those tied to Housing Element implementation. Additionally, the amendment supports Goal 4: Pursue climate change adaptation and mitigation through continued environmental review of projects consistent with the City’s adopted Climate Action and Resilience Plan (CARP).
FISCAL IMPACT:
Funding for the proposed Eighth Amendment is available in the Community Development Department’s FY 2025–26 adopted budget for consultant services. CEQA-related costs for qualifying land use development projects are typically reimbursable through developer deposits or funded by applicants. The proposed amendment would increase the contract amount by $50,000 and will support ongoing environmental review work anticipated through the extended term ending June 30, 2026.
ORIGINATED BY:
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Community Development Department
ATTACHMENT LIST:
Attachment A - Raney Planning & Management, Inc. Agreement for Consulting Services (PDF) Attachment B - Eighth Amendment to Raney Planning & Management, Inc. Agreement for Consultant Services (PDF)
8 Packet Pg. 586
Pacifica City Council 4
July 14, 2025
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH RANEY PLANNING & MANAGEMENT, INC. FOR CONTRACT AND
RELATED SERVICES
______________________________________________________________________ WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City of Pacifica entered into an agreement with Raney Planning & Management, Inc. for consulting services under the City Manager’s purchasing authority in May 2016; and
WHEREAS, the City Council authorized amendments to the City’s agreement with Raney Planning & Management, Inc. for consulting services in November 2016, August, 2017, September 2018, November 2019, March 2020, July 2021, and June 2023; and WHEREAS, on July 14, 2025 the City Council of the City of Pacifica has considered the City Manager’s recommendation to approve an Eighth Amendment to the City’s agreement with Raney Planning & Management, Inc. for consultant services; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to amend the agreement with Raney Planning & Management, Inc. for the purpose of increasing the cost ceiling amount by $50,000 with a total contract amount of $1,025,000 and to extend the term to June 30, 2026.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of July, 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 8 Packet Pg. 587
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Attachment: Attachment A - Raney Planning & Management, Inc. Agreement for Consulting Services (5980 : Raney Amendent 8)
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Attachment: Attachment A - Raney Planning & Management, Inc. Agreement for Consulting Services (5980 : Raney Amendent 8)
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Attachment: Attachment A - Raney Planning & Management, Inc. Agreement for Consulting Services (5980 : Raney Amendent 8)
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Packet Pg. 597 Attachment: Attachment B - Eighth Amendment to Raney Planning & Management, Inc. Agreement for Consultant Services (5980 : Raney
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Packet Pg. 599 Attachment: Attachment B - Eighth Amendment to Raney Planning & Management, Inc. Agreement for Consultant Services (5980 : Raney
EXHIBIT B
RANEY PLANNING & MANAGEMENT, INC.
SCHEDULE OF BILLING RATES
1501 Sports Drive, Ste A | Sacramento, CA 95834 | Phone: (916) 372-6100 www.raneymanagement.com
ENVIRONMENTAL AND PLANNING 2025 BILLING RATES
The following is a summary of Raney, a division of Raney Planning & Management, Inc., Billing Rates for the provision of environmental and planning services. Please note that Raney will provide a complete scope of services and cost estimate by task based on hours, upon request.
Tim Raney, AICP, President $235/hour
Cindy Gnos, AICP, Senior Vice President $215/hour
Nick Pappani, Vice President $195/hour
Rod Stinson, Vice President $195/hour
Angela DaRosa, Division Manager $175/hour
Senior Associate $155/hour
Kevin Valente, AICP, Senior Associate $155/hour
Associate $135/hour
Administrative $85/hour
AIR QUALITY 2025 BILLING RATES
The following is a summary of the Billing Rates for the provision of air quality and GHG analysis services. Please note that Raney will provide a complete scope of services and cost estimate by task based on hours, upon request.
Rod Stinson, Air Quality Specialist $175/hour
Angela DaRosa, Air Quality Specialist $175/hour
Air Quality Technician $155/hour
OTHER COST INFORMATION
• Overhead charges for technical sub-consultants, travel, and copying/printing: 10% • Travel: Billed at cost
o It should be noted that Raney charges mileage at the Federal Standard Mileage Rate provided by the IRS.
• Copying and Printing: Billed at cost
o Black & White (8.5” x 11”): 15¢/per page
o Color (8.5” x 11”): 30¢/per page
o Oversized prints (11” x 17”): 30¢/per page
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Packet Pg. 600 Attachment: Attachment B - Eighth Amendment to Raney Planning & Management, Inc. Agreement for Consultant Services (5980 : Raney
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
7/14/2025
1 SUBJECT:
Second Amendment to Consultant Services Agreement for Professional Planning and Related Services Between the City of Pacifica and Consulting Firm MIG RECOMMENDED ACTION:
Move to adopt a resolution approving the Second Amendment to the Agreement for Consultant Services between the City of Pacifica and MIG, Inc., to extend the agreement term through December 31, 2025, and authorize the City Manager to execute the Amendment.
STAFF CONTACT:
Elizabeth Brooks, Management Analyst II
650-738-7341
[email protected]
Samantha Updegrave, Community Development Director
650-738-7341
[email protected]
BACKGROUND/DISCUSSION:
The City of Pacifica entered into an agreement with MIG, Inc. on December 20, 2024 (Attachment A - MIG Agreement for Consulting Services), to provide professional planning and related services through on-site staffing augmentation. MIG has supported the Community Development Department with ongoing planning needs, including development review, counter support, and implementation of City Council priority initiatives.
On May 12, 2025, the City Council approved Resolution No. 35-2025 authorizing the First Amendment to the Agreement (Attachment B - First Amendment to MIG Agreement for Consultant Services), which increased the contract amount to a not-to-exceed total of $150,000 to address continued staffing fluctuations and sustained workload demand.
The Department’s reliance on MIG’s on-call planning support remains essential, particularly in maintaining service levels, meeting state-mandated timelines, and advancing the Housing Element and Climate Action and Adaptation Plan efforts. To ensure uninterrupted support, staff recommends adoption of the Second Amendment (Attachment C - Second Amendment to MIG Agreement for Consultant Services) to extend the term of the agreement from its original end date to December 31, 2025.
No increase in funding is proposed with this Second Amendment. This action solely authorizes a time extension.
ALTERNATIVE ACTION:
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The City Council may choose not to approve the Second Amendment, which would result in the expiration of the Agreement and a reduction in available planning support. This may impact the City’s ability to process development applications and deliver on key initiatives in a timely manner.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This Second Amendment supports City Council Strategic Goal 1: Enhance organizational and fiscal stability by preserving critical contract staffing to manage workloads and maintain service delivery. It also advances Goal 3: Prioritize protection and development of affordable housing, and Goal 4: Pursue climate change adaptation and mitigation.
FISCAL IMPACT:
There is no fiscal impact associated with the Second Amendment. Sufficient funds remain within the previously approved $150,000 contract limit, and the extension does not authorize any additional expenditure.
ORIGINATED BY:
Community Development Department
ATTACHMENT LIST:
Attachment A - MIG Agreement for Consulting Services (PDF) Attachment B - First Amendment to MIG Agreement for Consultant Services (PDF) Attachment C - Second Amendment to MIG Agreement for Consultant Services (PDF) 9 Packet Pg. 602
Pacifica City Council 3
July 14, 2025
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH MIG, INC. FOR PROFESSIONAL PLANNING SERVICES TO EXTEND THE TERM TO DECEMBER 31, 2025.
________________________________________________________________________ WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City of Pacifica entered into an agreement with MIG, Inc. for on-call planning consulting and related services under the City Manager’s purchasing authority on December 20, 2024; and
WHEREAS, on May 12, 2025, the City Council adopted Resolution No. 35-2025, authorizing the First Amendment to the Agreement to increase the contract’s cost ceiling to $150,000;
WHEREAS, the City and Consultant now desire to further amend the Agreement to extend the term of services to December 31, 2025;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica as follows:
1. The above recitals are true and correct and material to this Resolution.
2. The City Council hereby approves the Second Amendment to the Agreement for Consultant Services between the City of Pacifica and MIG, Inc., which extends the term of the Agreement to December 31, 2025. All other terms of the Agreement, as amended, remain in full force and effect.
3. The City Manager is authorized to execute the Second Amendment and any related documents necessary to implement the intent of this Resolution.
4. This Resolution shall take effect immediately upon its adoption. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of July, 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 9 Packet Pg. 603
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Packet Pg. 604 Attachment: Attachment A - MIG Agreement for Consulting Services (5981 : MIG Second Amendment to Agreement)
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Packet Pg. 605 Attachment: Attachment A - MIG Agreement for Consulting Services (5981 : MIG Second Amendment to Agreement)
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Packet Pg. 606 Attachment: Attachment A - MIG Agreement for Consulting Services (5981 : MIG Second Amendment to Agreement)
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Packet Pg. 607 Attachment: Attachment A - MIG Agreement for Consulting Services (5981 : MIG Second Amendment to Agreement)
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Packet Pg. 608 Attachment: Attachment A - MIG Agreement for Consulting Services (5981 : MIG Second Amendment to Agreement)
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Packet Pg. 614 Attachment: Attachment A - MIG Agreement for Consulting Services (5981 : MIG Second Amendment to Agreement)
OAK #4834-8257-2833 v1
05620-0129
FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This First Amendment to Agreement for Consultant Services (“First Amendment”) is made and entered into this 12th of May, 2025, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and MIG, Inc., a California corporation (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, on December 20, 2024, CITY and CONSULTANT entered into that certain agreement entitled “Agreement for Consultant Services” (“Agreement”) to provide on-call planning services and related services; and
WHEREAS CITY and CONSULTANT now desire to enter into this First Amendment to increase the Cost Ceiling in section 2.1 (“Compensation”) of the Agreement.
AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby amend the Agreement as follows:
1. Section 2.1 of the Agreement, "Compensation" is hereby amended to read in its entirety as follows:
Compensation. Rates charged for Services shall be in accordance with Exhibit A, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $150,000 ("Cost Ceiling").
2. Agreement in Effect. Except as amended by this First Amendment, the Agreement shall remain in full force and effect.
3. Counterpart Signatures. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. [signatures on the following page]
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Packet Pg. 615 Attachment: Attachment B - First Amendment to MIG Agreement for Consultant Services (5981 : MIG Second Amendment to Agreement) First Amendment to the Agreement for Services: MIG and Pacifica for on-call planning services
OAK #4834-8257-2833 v1
05620-0129
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date set forth above.
CITY OF PACIFICA
By: Date:
Kevin Woodhouse, City Manager
APPROVED AS TO FORM
By: Date:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
By: Date:
Daniel Iacofano, President and Chief Executive Officer
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Packet Pg. 616 Attachment: Attachment B - First Amendment to MIG Agreement for Consultant Services (5981 : MIG Second Amendment to Agreement) First Amendment to the Agreement for Services: MIG and Pacifica for on-call planning services
OAK #4834-8257-2833 v1
05620-0129
EXHIBIT A
SCOPE OF WORK
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Packet Pg. 617 Attachment: Attachment B - First Amendment to MIG Agreement for Consultant Services (5981 : MIG Second Amendment to Agreement) First Amendment to the Agreement for Services: MIG and Pacifica for on-call planning services
OAK #4834-8257-2833 v1
05620-0129
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Packet Pg. 618 Attachment: Attachment B - First Amendment to MIG Agreement for Consultant Services (5981 : MIG Second Amendment to Agreement) First Amendment to the Agreement for Services: MIG and Pacifica for on-call planning services
OAK #4834-8257-2833 v1
05620-0129
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Packet Pg. 619 Attachment: Attachment B - First Amendment to MIG Agreement for Consultant Services (5981 : MIG Second Amendment to Agreement) First Amendment to the Agreement for Services: MIG and Pacifica for on-call planning services
OAK #4834-8257-2833 v1
05620-0129
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Packet Pg. 620 Attachment: Attachment B - First Amendment to MIG Agreement for Consultant Services (5981 : MIG Second Amendment to Agreement)
OAK #4834-8257-2833 v1
05620-0129
SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This Second Amendment to Agreement for Consultant Services (“Second Amendment”) is made and entered into this 23rd of June, 2025, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and MIG, Inc., a California corporation (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, on December 20, 2024, CITY and CONSULTANT entered into that certain agreement entitled “Agreement for Consultant Services” (“Agreement”) to provide on-call planning services and related services; and
WHEREAS, on May 12, 2025, the City Council authorized CITY and CONSULTANT to enter into a First Amendment to that Agreement to increase the Cost Ceiling of the Agreement; and WHEREAS CITY and CONSULTANT now desire to enter into this Second Amendment to extend the Term in section 3.1 (“Effective Date”) of the Agreement.
AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby amend the Agreement as follows:
1. Section 3.1 of the Agreement, "Effective Date" is hereby amended to read as follows:
Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the 'Term"). CONSULTANT agrees to complete all services by December 31, 2025.
2. Agreement in Effect. Except as amended by this Second Amendment, the Agreement shall remain in full force and effect.
3. Counterpart Signatures. This Second Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.
[signatures on the following page]
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Packet Pg. 621 Attachment: Attachment C - Second Amendment to MIG Agreement for Consultant Services (5981 : MIG Second Amendment to Agreement) Second Amendment to the Agreement for Services: MIG and Pacifica for on-call planning services
OAK #4834-8257-2833 v1
05620-0129
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date set forth above.
CITY OF PACIFICA
By: Date:
Kevin Woodhouse, City Manager
APPROVED AS TO FORM
By: Date:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
By: Date: 6.16.25
Daniel Iacofano, President and Chief Executive Officer
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Packet Pg. 622 Attachment: Attachment C - Second Amendment to MIG Agreement for Consultant Services (5981 : MIG Second Amendment to Agreement)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
7/14/2025
1 SUBJECT:
Public Hearing on a proposed ordinance repealing and replacing Article 49 of Title 9, Chapter 4 of the City of the Pacifica Municipal Code (“Short-Term Rentals”); making certain amendments to Article 29 of Title 9, Chapter 4, Section 9-4.2904 (“Exempted Signs”) of the Pacifica Municipal Code (File 2025-001, Text Amendment TA-127-25); and finding the adoption of the Ordinance exempt from the California Environmental Quality Act (CEQA).
RECOMMENDED ACTION:
Conduct a public hearing and introduce an Ordinance of the City Council of the City of Pacifica repealing and replacing Article 49 of Title 9, Chapter 4 of the City of the Pacifica Municipal Code (“Short-Term Rentals”); amending Article 29 of Title 9, Chapter 4, Section 9-4.2904 (“Exempted Signs”) of the Pacifica Municipal Code; and finding adoption of the Ordinance exempt from the California Environmental Quality Act (CEQA).
STAFF CONTACT:
Samantha Updegrave - Community Development Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:
The term Short-Term Rental (STR) refers to the use of all or a portion of a residential dwelling unit for rental of less than 30 consecutive days. The popularity of STRs has increased steadily over the past decade due in part to the convenience of booking provided by companies such as Airbnb and VRBO and the increased availability of STRs as an alternative to a traditional hotel or motel. STRs can also provide a source of income for owners and occupants of the residential dwelling units offered for rent as STRs.
The proposed text amendments in the Draft Ordinance would repeal and replace Article 49 “Short-Term Rentals” of Title 9, Chapter 4 of the PMC. The Draft Ordinance incorporates direction provided by the City Council during the 2024 study sessions and the public hearings on February 24, 2025, and April 14, 2025. Recommendations from the Planning Commission made on January 21, 2025, and June 2, 2025, are also incorporated. The revised Draft Ordinance is provided in Attachment A, Exhibit 1.
For a detailed discussion of the background of the proposed STR Ordinance, including direction and recommendations made by the Council and Planning Commission in 2025, please see the following staff reports:
• Planning Commission meeting agenda, January 21, 2025:
<https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1697> • City Council agenda, February 24, 2025:
<https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1674> 10 Packet Pg. 623
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• City Council agenda, April 14, 2025:
<https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1677> • Planning Commission agenda, June 16, 2025:
<https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1713> City Council and Planning Commission Review and Consideration On February 24, 2025, the City Council held a public hearing introducing the Draft Ordinance amendments, which reflected the key goals and priorities identified by the City Council during the prior study sessions and the recommendations made by the Planning Commission at a public hearing on January 21, 2025. During the Council’s deliberations on the proposed ordinance at that February 24th meeting, additional changes to previous policy decisions were identified, as well as areas where the proposed amendments did not meet their policy objectives. The Council provided direction to the City Manager for additional changes to the Draft Ordinance and adjourned the meeting to a future date to be determined to continue deliberations. The continued public hearing was held on April 14, 2025, and the City Council provided additional direction on changes.
Because some of the changes were substantive, the Draft Ordinance went back to the Planning Commission for consideration. On June 16, 2025, the Planning Commission considered the Draft Ordinance and passed a resolution recommending approval with some additional recommendations.
Proposed Changes
Both the Council-directed changes and the Planning Commission recommendations have been incorporated into the Draft Ordinance. In addition to the specific directed changes, staff has also made certain conforming and typographical edits, where necessary. The revisions are summarized in the table below.
# Draft Ordinance - Pacifica Municipal
Code Section
Council Directed Change, February - May 2025 PC
Recommended Change, January 21, 2025 and June
16, 2025 and conforming edits
Definitions, PMC Sec. 9-4.4901
1 Sec. 9-4.4901(g) “Natural person” Add a definition for “natural person.” 2 Sec. 9-4.4901(m) “Primary Residence” Add Junior Accessory Dwelling Unit to be explicitly excluded from definition of a “primary residence.”
3 Sec. 9-4.4901(j) “Operator” and
conforming changes in Sec. 9-4.4903(c)
Add “Natural” before “Person” in definition.
4 Sec. 9-4.4901(s)(i) “Hosted Short-Term
Rental” and conforming changes in
Sec.9-4.4901(m)
Remove Accessory Dwelling Unit from the definition of
“hosted STR.”
5 Sec. 4901(n) “Quiet hours” and
conforming changes in Sec. 9-4.4905(o)
Add a definition of quiet hours between 10:00 p.m. to
7:00 a.m..
6 Sec. 9-4901(u) “Short-term Renter” and
Sec. 9-4.4901(v) “Short-term Rental
Visitor”
Add “Guest” to definition of “Short-term Renter” and a
new definition for “Short-term Rental Visitor” to clarify occupancy allowances.
Standards applicable to Short-Term Rentals, PMC Sec. 9-4.4903 7 Sec. 9-4.4903(a) Standards Remove allowance for operators of hosted STRs to reside in an ADU/JADU and operate an STR in the
primary dwelling.
8 Sec. 9-4903(c) Primary residence Add that a State or Federally issued identification 10 Packet Pg. 624
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requirements must be one of the three documents for proof of residency. Make conforming changes for changes to
section 9-4.4901(j) to remove language regarding
corporations, trusts, etc.;
Short-Term Rental Permit required 9-4.4904
9 Sec. 9-4.4904(a)(xi) Application Add proof of insurance, such as an insurance certificate.
10 Sec. 9-4.4904(d) Inspections Require inspections for both hosted and unhosted STRs. Add life-safety issues, pools/spas, and lighted
ingress and egress to be considered during
inspections Require a separate fee for STR
inspections.
11 9-4.4904(j) Advertising Platform
Responsibilities (see also Sec. 9-4.4911)
Add a new section for advertising platform
responsibility modeled from Santa Monica provisions
which requires advertising platforms to review registry maintained by City to confirm Short-term Rental has
been issued permit.
Operation Requirements. PMC Sec. 9-4.4905
12 Sec. 9-4.4905(c) Responsible Party Additional language to clarify requirements for the Responsible Party, including response time.
13 Sec. 9-4.4905(d) Required Information
Provided
Add composting to the list of required information.
14 Sec. 9-4.4905(d) Required Information
Provided
Add date and time of solid waste pickup to the list of
required information.
15 Sec. 9-4.4905(l) and conforming
numbering changes
Add requirement for hosted STRs to have the
Operator on-site between the hours of 11:00 p.m. to
6:00 a.m..
16 Sec. 9-4.4905(m) Occupancy Change STR occupancy to exclude children under the age six.
17 Sec. 9-4.4905(n) Add limits for visitor hours to 8 a.m. to 10 p.m., per Council’s original direction during 2024 study session. 18 Sec. 9-4.4905(o) Quiet Hours and
conforming numbering changes
Add quiet hours from 10 p.m. to 7 a.m..
19 Sec. 9-4.4905(s) Parking PC recommended different parking standards for STRs based on whether they were within or outside of
the Coastal Zone; Council direction was to keep
parking the same per original policy decision.
20 Sec. 9-4.4905(v) Unhosted Short-Term
Rentals
Decrease the number of nights unhosted STRs can be
rented from 90 to 60.
Violations and enforcement. - PMC Sec 9-4.4909
21 Sec. 9-4.4909(h) Add a new section which allows an Aggrieved Resident of the City to invoke violations of ordinance
as a basis for a private action for injunctive relief to prevent or remedy public nuisance violations.
Advertising Platform Responsibilities - Sec. 9-4.4911
22 9-4.4911 Advertising Platform
Responsibilities
Add a new section for advertising platform
responsibility modeled from Santa Monica provisions
which requires advertising platforms to review registry maintained by City to confirm Short-term Rental has
been issued permit.
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Application of Ordinance -Sec. 9-4.4912
23 Section 9-4.4912(b) Clarified application of the Ordinance in Coastal Zone to confirm that the Ordinance must be certified by the
Coastal Commission.
Other Changes
Although not included in the text amendments, City Council also gave direction to the City Manager on the following administration issues, and are provided here for reference:
• Application - include fines possible under the social host / unruly code; • Application - add indemnity provision to application similar to what is included for other applications; and
• Maintain a list of all active STRs on a website.
DISCUSSION / ANALYSIS
General Plan Consistency Analysis
The proposed amendments to the City’s STR Ordinance and Sign Ordinance align with the Pacifica General Plan 2040 in that the amendments maintain the economic benefits of STRs while effectively addressing community concerns. The Draft Ordinance is consistent with the following General Plan policies and programs.
Program HE-I-7 Preserve Existing Affordable Housing Units The Draft Ordinance specifically addresses preservation of existing affordable housing as it includes provisions limiting the use of multi-family units as STRs to hosted STRs only. It also clarifies that Junior ADUs cannot be used as STRs. These changes help to ensure the continued availability of an important source of affordable housing and also provide opportunities for residents to supplement their income, potentially improving housing affordability.
Policy ES-G-1 Leverage Assets. Leverage Pacifica’s coastal location and unique assets as a primary means to strengthen the local economy, focusing on increasing tourism facilities, including shops, hotels, restaurants, and hiking trails.
STRs increase tourism by providing a diverse range of accommodation options and contribute to the City’s local economy in several ways. First, STRs generate revenue for the City in the form of business license tax (approximately $15,000 collected in 2023) and TOT (approximately $1.5 million in TOT from STRs projected for FY 24-25).
Revenue streams from both business license and TOT can be used to fund essential city services such as infrastructure and recreation facility improvements, benefiting the tourist and local economies, as well as residents. As detailed in the June 24, 2024, City Council Staff Report, the City assumes there are uncollected TOTs from Short-Term Rentals operating within the City of Pacifica. As part of the ongoing review of the Program, the City hired HdL Companies, an auditing, operations, and revenue solutions company, who is assisting the City with tracing these rentals and requiring the STR operators to register with TOT to report their gross receipts so the City may assess the outstanding tax liability. STRs attract a diverse tourist base to the City, introducing new customers to local shops and restaurants. Tourists who patronize these local businesses directly strengthen the local economy by generating revenue for local businesses and contributing to the City’s sales tax base. Finally, STRs provide supplemental income opportunities for Pacifica residents, fostering economic empowerment and enabling 10 Packet Pg. 626
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contribution to the local economy through increased spending at local businesses, or by pursuing their own local business. By establishing additional STR regulations and improving enforcement actions, amendments to the STR Ordinance effectively leverage the City's unique assets and strengthen the local economy.
Policy ES-I-7 Mixed Land Uses. Promote development of a broader mix of revenue-generating land uses, including hotels, to increase the City’s fiscal benefits.
The proposed Draft Ordinance promotes a broader mix of revenue-generating transient occupancy uses. By offering a diverse range of accommodation options catering to different budgets and travel styles, STRs attract a diverse range of tourists to the City of Pacifica. This increased diversity enhances the City’s fiscal health through revenue generated from business license, TOT, and sales taxes. Furthermore, it stimulates the local economy by increasing revenue generated by local businesses and STR operators.
Policy CD-G-3 Neighborhood Conservation. Preserve the unique qualities of each of Pacifica’s residential neighborhoods. Incorporate neighborhood narratives into the General Plan to reflect these unique qualities and inform appropriate development standards and other policies.
By continuing to limit the total number of STRs in the City to 150, distinguishing between hosted and unhosted rentals and expanding operating regulations that address potential neighborhood impacts such as noise, litter, and parking, the Draft Ordinance preserves the unique qualities of residential neighborhoods, consistent with this General Plan Policy.
Policy CD-I-6 Accessory Dwelling Units. Facilitate the creation of accessory dwelling units that contribute to the variety of available housing and do not disrupt neighborhood character. Update the Zoning Ordinance and Design Guidelines to address the integration of accessory dwelling units into the neighborhood fabric.
The Draft Ordinance directly supports the General Plan’s objective to facilitate the creation of accessory dwelling units (ADUs) that contribute to the variety of available housing, in that it maintains prohibitions on the use of ADUs and Junior ADUs as STRs.
LOCAL COASTAL PROGRAM
Pursuant to Section 30514 of the California Public Resources Code, the Ordinance amendments would not be effective in the Coastal Zone until the CCC certifies an amendment to the City's Local Coastal Program (LCP). The CCC has found that outright bans or undue restrictions on STRs are inconsistent with Coastal Act policies prioritizing public access and visitor-serving uses.
As detailed in the December 5, 2024, City Council Study Session Staff Report, City staff consulted with CCC staff on November 5, 2024, to discuss the feasibility of the proposed text amendments. CCC staff provided preliminary comments to staff, noting four areas of potential concern, including parking requirements, STR density limitations, use of multi-family dwellings as STRs, and minimum rental duration requirements. The City Council discussed these four topics at the December 5th study session and directed staff to amend the Ordinance to reflect CCC staff direction.
Following the adoption of the Draft Ordinance, a Local Coastal Program Amendment (LCPA) will be submitted to the CCC, who will determine whether to certify, certify with modifications, or deny the LCPA. Until such time as the CCC certifies the LCPA, existing STR regulations for areas located within the coastal zone will apply.
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The proposed text amendments would be consistent with Local Coastal Land Use Plan (certified by the Coastal Commission on May 8, 2025) Implementing Policy LD-I-6, Lower Cost Visitor and Recreational Facilities, which states:
Protect, encourage, and where feasible, provide lower-cost visitor and recreational facilities in the Coastal Zone. These include major, free recreational attractions such as Pacifica Pier and Pacifica State Beach; the public golf course at Sharp Park; the San Francisco RV Park; California Coastal Trail and other trails, lower cost overnight accommodations; and numerous beaches accessible at no cost.
The proposed amendments would maintain allowances for STRs within the Coastal Zone to continue to provide important visitor serving accommodations which increase public access to the coast, while providing additional regulatory and permitting requirements to address operational impacts on residential uses.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff recommends that the City Council find the proposed zoning text amendment in the Draft Ordinance to be exempt from the California Environmental Quality Act (CEQA).
The text amendment is exempt from CEQA pursuant to the “General Rule” exemption in CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA if “the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The revisions to the ordinance make changes to the existing permitting requirements for short-term rentals within the City that are designed to address community concerns and ensure responsible short-term rental operations.
These amendments are administrative in nature and do not involve any physical changes to the environment nor do they involve the construction of new facilities or infrastructure. The amendments would also not permit any development or construction of single family residences, hotels or motels. The ordinance would continue to allow a maximum of 150 Short-term rentals to operate in the City with a permit, the same number as the existing ordinance. The proposed ordinance does not increase or decrease the number of visitors to the City. Given the foregoing, it can be seen with certainty that the text amendments would not have a significant effect on the environment.
The proposed zoning text amendment in the Draft Ordinance is also exempt pursuant to CEQA Guidelines Section 15301 (“Existing Facilities”). The Class 1 exemption applies to, among other things, the permitting, leasing, and licensing of existing public or private structures and facilities so long as the activity in question involves negligible or no expansion of an existing or former use. The Draft Ordinance makes amendments to the City’s current short-term rental permitting program for existing residential dwelling units that are operating as a short-term rental and as such clearly entails an activity addressing the permitting regarding leases/licenses of existing residential dwelling units in the City. Most importantly, the Draft Ordinance involves negligible or no expansion of existing or former uses of residential dwelling units because even as a shortterm rental, the use of the dwelling unit would still be primarily residential and the ordinance does not expand the types of homes that can be used as a short-term rental. Also, the ordinance does not affect the density of short-term rentals in a particular area. This ancillary use would be similar to the example in CEQA Guidelines section 15301(p) (single family residence used as a small family day care center). The text amendment would make changes to the 10 Packet Pg. 628
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permitting requirements for short-term rentals operating within the City and subject to the Shortterm Rental Permit requirement.
The exceptions to the categorical exemptions in CEQA Guidelines section 15300.2(a)-(f) do not apply to the draft Ordinance.
(a) Location. This exception does not apply to Class 1 categorical exemptions. (b) Cumulative Impact. There is no evidence of successive projects of the same type in the same place, over time.
(c) Significant Effect. There is no evidence of a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. First, as discussed above, there is no evidence that the adoption of the ordinance would have a significant effect on the environment. The revisions to the ordinance make changes to the permitting requirements for short-term rentals within the City that are designed to ensure responsible short-term rental operations. Second, The adoption or amendment of an ordinance regulating short-term rentals city-wide is not an unusual circumstance. Many cities and counties have adopted ordinances similar to the draft Ordinance to regulate short-term rental operations within the geographic boundaries of the agency. For example, Sonoma and Marin County amended the existing shortterm rental ordinances in 2023 and 2024 respectively. The City of Burlingame adopted a shortterm rental ordinance in 2020. The Cities of Half Moon Bay, Redwood City, San Mateo adopted an ordinance regulating short-term rental operations in 2021. The City of South San Francisco adopted its short-term rental ordinance in 2022 and recently amended it in 2024. Given the numerous examples of cities and counties adopting or amending ordinances for short-term rentals that operate within those jurisdictions, it is clear that the adoption or amendment of an ordinance is not an unusual circumstance.
(d) Scenic Highways. The draft Ordinance does not affect any scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway.
(e) Hazardous Waste Sites. The draft Ordinance does not affect a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. (f) Historical Resources. The draft Ordinance does not cause a substantial adverse change in the significance of a historical resource.
FISCAL IMPACT:
The proposed amendments in the Draft Ordinance are anticipated to have significant fiscal implications for the City of Pacifica due to reduced Transient Occupancy Tax (TOT) collections and increased administrative costs. Estimating the precise fiscal impact is challenging and depends on various factors discussed below. However, the implementation of these ordinance amendments will require close monitoring of fiscal impacts over the coming years and prudent financial planning to attempt to mitigate effects on the General Fund. The further reduction of unhosted STR operations from the originally proposed 90 nights to 60 nights would likely further reduce TOT revenues.
For a detailed discussion of the fiscal impacts, please see the City Council agenda, February 24, 2025: <https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1674>. 10 Packet Pg. 629
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Administrative Cost Implications
The implementation and enforcement of the proposed Draft Ordinance will likely result in substantial increases in administrative costs. New operational requirements, such as permit cap management, monitoring STR activities, and ensuring compliance, will require additional staff time and resources. Specific provisions, including noise monitoring and regular inspections, will further escalate code enforcement costs and operational burdens.
While the City may recover its reasonable administrative costs through permit and inspection fees, it may not be feasible to fully recover those costs under the highly restrictive terms of the ordinance. For example, under the 60-day unhosted rental cap, a typical STR operator earning $200 per night would generate only $12,000 annually in gross revenue. With a current permit fee of $1,700, this represents approximately 14% of gross income before accounting for inspection or other compliance fees and the cost to permit holders to operate (furnishing, repairs, improvements, etc.). Fees must be reasonably related to the cost of providing the associated services, however significantly increasing fees to achieve full cost recovery could make STR participation financially impractical, which in turn could undermine program compliance and reduce City revenues further. The City’s workplan includes a comprehensive review of the fee schedule to ensure adequate cost recovery for STR permit processing and enforcement. STR permit processing fees will be reassessed as part of a broader master fee schedule review, requiring a future City Council decision regarding the extent to which costs can be recovered through permit fees imposed on STR operators and what subsidy will be required.
ALTERNATIVE ACTION:
The Council may decline to adopt the Draft Ordinance or direct modifications to the provisions included in the Draft Ordinance.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The Public Hearing introducing the Draft Ordinance is consistent with the following item in the Council adopted Strategic Plan and Priority Work Plan for FY2025-26:
• Goal 3: Prioritize protection and development of affordable housing. o Strategy B: Update and Implement the Short-Term Rental Ordinance.
ORIGINATED BY:
Community Development Department
ATTACHMENT LIST:
Attachment A: 2025-06-16_2025_PC Final Resolution PC_Short-Term Rentals (unsigned) (PDF)
Attachment B: Planning Commission Staff Report + Attachments dated June 16, 2025 (PDF) 10 Packet Pg. 630
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ORDINANCE NO. (ID # 5984)
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA REPEALING AND REPLACING ARTICLE 49 (SHORT TERM RENTALS) OF CHAPTER 4 OF TITLE 9 OF THE
PACIFICA MUNICIPAL CODE RELATING TO THE REGULATION AND PERMITTING OF SHORT-TERM RENTALS AND ESTABLISHING FINES AND PENALTIES FOR VIOLATIONS; AMENDING PACIFICA MUNICIPAL CODE SECTION 9-4.2904 (EXEMPTED SIGNS) (TEXT AMENDMENT TA-157-25); AND FINDING ADOPTION OF THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (FILE NO. 2025-001) WHEREAS, on June 24, 2024, August 26, 2024, September 9, 2024, and December 5, 2024, the City Council of the City of Pacifica considered and provided input on ordinance revisions to the City’s Short-Term Rental Ordinance enacted on February 27, 2023; and WHEREAS, since enactment of the Short-Term Ordinance, residents have commented to the City Council about impacts of Short-term Rentals, including the loss of parking, excessive noise, disruptions to the community, loss of neighborhood integrity and other deleterious impacts; and
WHEREAS, the City Council has also received public comments relating to the sale of residential property in Pacifica for the singular purpose of using the property as a Short-term Rental, which can negatively impact the community by reducing housing units available for longterm residential use; and WHEREAS, Short-term Rentals can provide benefits to the community by providing economical options for transient lodging as well as income generating opportunities for property owners in Pacifica; and
WHEREAS, it is in the public interest to minimize the adverse impact of Short-term Rental activity on the health and safety of residents and visitors and to ensure such activity is conducted in a manner that preserves existing housing, communities and neighborhood integrity; and
WHEREAS, regulations that balance the benefits to the community from Short-term Rentals and address the negative impacts from Short-term Rentals are important to provide assurances to the community and long-term stability to Short-term Rental operators and guests; and
WHEREAS, the Planning Commission of the City of Pacifica held a duly noticed public hearing on the proposed amendments contained in Text Amendment TA-157-25 (File No. 2025- 001) on January 21, 2025, and adopted Resolution No. 2025-001 by a vote of 6-0 initiating and recommending to the City Council adoption of Text Amendment TA-157-25 (File No. 2025-001); and
WHEREAS, the City Council held a duly noticed public hearing on the proposed ordinance on February 24, 2025, provided additional direction to the City Manager on revisions to the draft Ordinance, and adjourned the meeting to a future date to continue deliberations. ; and
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WHEREAS, the City Council continued deliberations on April 14, 2025, at a duly noticed public hearing, provided final direction to the City Manager for revisions to the draft Ordinance, and directed the City Manager to refer the revisions back to the Planning Commission for review and recommendation; and
WHEREAS, on June 16, 2025, the Planning Commission held a duly noticed public hearing on the proposed amendments contained in Text Amendment TA-157-25 (File No. 2025- 001), and adopted Resolution No. 2025-006 by a vote of 6-0 initiating and recommending City Council adoption of Text Amendment TA-157-25 (File No. 2025-001), with additions recommended by the Planning Commission; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed ordinance on Month Day, Year, and introduced Ordinance No. ### on the same day; and NOW, THEREFORE, the City Council of the City of Pacifica does ordain as follows:
Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.
Section 2. Amendment. Article 49, “Short-Term Rentals” of Chapter 4, “Zoning” within Title 9, “Planning and Zoning” is repealed and replaced in its entirety to read as follows:
“Sec. 9-4.4900. Purpose and intent.
The purpose of this article is to establish regulations governing the Short-term Rental of residential property within the City of Pacifica in order to ensure the health, safety, and welfare of the residents of the City of Pacifica, and to allow for the short-term rental of single-family and multi-family dwelling units for less than thirty (30) consecutive days, while still preserving the residential character of neighborhoods, and preventing Shortterm Rental activities from becoming a nuisance or a threat to public health, safety or welfare.
Sec. 9-4.4901. Definitions.
For the purposes of this article, unless otherwise apparent from the context, the following words and phrases are defined as set forth below:
(a) "Administrator" means the Assistant City Manager or designee. (b) "Advertising platform" means a marketplace in whatever form or format which facilitates Short-term Rentals through advertising, matchmaking, or any other means, using any medium of facilitation, and from which the operator of the platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.
(c) “Condominium” or “Condominiums” means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment house, office, or store. "Condominium" may include, in addition, a separate interest in any other portion of such real property.
(d) “Events” mean weddings, conferences, retreats, commercial events, loud or disruptive gatherings of any kind, parties or any other similar gatherings which have the potential to cause traffic, parking, noise, or other impacts to the neighborhood.
(e) “Legally Permitted Bedroom” means the number of bedrooms that are officially approved for occupancy within a dwelling unit, as reflected in the building permit records of the City of Pacifica.
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(f) “Multi-family development” means a building, or portion thereof, used and designed as a residence for two (2) or more families living independently of each other and doing their own cooking in such building. Multifamily includes a including duplex, triplex, and attached units (inclusive of attached single-family dwellings), apartment houses, apartment hotels, and flats, but not including automobile courts, motels, hotels, or boardinghouses.
(g) “Natural person” means a living human being.
(h) “Noise Monitor” means a noise detecting alarm sensor device with a call-assist feature that is located on the exterior of the rental property or other noise detecting device/sensor with features that do not have a camera, record conversations, nor store any personal data. The Noise Monitor shall have the capability of detecting noise at levels established by the operator in order to comply with the regulations found in the Pacifica Municipal Code. A Noise Monitor is not a Type I or II Sound Level Meter (SLM).
(i) "Operate" means the operation of a Short-term Rental, and includes the acts of establishing, offering, maintaining, or listing for rent a Short-term Rental with an Advertising platform.
(j) “Operator” means the Natural Person who has applied for a Short-term Rental Permit or has been issued a Short-term Rental Permit by the City. (k) “Person” means natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, or other entity. (l) “Permit” or “Short-term Rental Permit” means a permit issued by the City pursuant to this Article to allow the use of a single Short-term Rental on a single Site.
(m) “Primary residence” means a residence where a Person resides, full-time, for more than six months out of the year. Primary residence shall not include an accessory dwelling unit or a Junior accessory dwelling unit. (n) “Quiet Hours” means the period between 10 p.m. and 7 a.m.. (o) "Rental" means the occupancy or use of a dwelling unit property, in exchange for any form of rent that may be valued in money, including cash, credit, goods, labor, or property, regardless of whether such rent is actually received. (p) “Responsible party" shall mean a n Natural Person, over the age of eighteen (18), who shall be responsible for ensuring compliance with all applicable provisions of the Pacifica Municipal Code by all Short-term Renters and visitors of a Site being used for a Short-term Rental, twenty-four (24) hours per day, seven (7) days per week. when the Operator is not available (q) “Single-family dwelling unit” means a building designed for, or used to house, not more than one family, including all necessary employees of such family. Singlefamily-attached homes are not included in this definition. (r) “Site” shall mean the assessor’s parcel upon which the Short-term Rental is located.
(s) "Short-term Rental" means the use of a dwelling unit, or portion of it, for a Rental of less than thirty (30) consecutive days. A “Short-term Rental” can be either Unhosted or Hosted.
i. “Hosted Short-term Rental” means a Short-term Rental use where a resident, who is the operator and acting as a host, occupies one or more bedrooms in a dwelling unit or an accessory dwelling unit on the same Site as the Short-term Rental while other areas of the dwelling unit or main residence on the Site are rented for the purpose of transient overnight lodging.
ii. “Unhosted Short-term Rental” means a Short-term Rental use where no Operator is present on the Site during the course of the Rental. (t) “Short-term Rental Permit cap” means the maximum number of Short-term Rental permits that may be issued at any given time by the City. 10 Packet Pg. 633
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(u) “Short-term Renter” or “Guest” means a. A person who exercises occupancy or is entitled to occupancy by reason of a booking transaction, concession, permit, right of access, contract, license, or other agreement for a period of less than 30 consecutive days, counting portions of days as full days in a Short-term Renal.
Short-Term Renters also include all Persons who occupy the Short-Term Rental during the overnight hours of 10:00 p.m. to 8:00 a.m..
(v) “Visitor” means a person who is not entitled to occupancy by reason of a booking transaction, concession, permit, right of access, contract, license, or other agreement related to a Shore-term rental.
In the event of a conflict between the words and phrases defined in this article and the words and phrases defined Title 9 “Planning and Zoning, Chapter 4 “Zoning”, Article 2 “Definitions”, the definitions in this article shall prevail.
Sec. 9-4.4902. Permits required for Short-term Rentals – Permit Cap. (a) The Short-term Rental of residential dwelling units is a prohibited use in every zoning district in the City, with the exception of permitted Short-term Rentals approved pursuant to the requirements of this article.
(b) Subject to the requirements of this article, including the Short-term Rental Permit cap, Short-term Rentals are allowed as accessory uses to residential dwelling units in all zoning districts where residential dwelling units are allowed as a permitted or conditional use.
(c) Permit Cap. The Short-term Rental Permit cap shall be one hundred fifty (150) Short-term Rental Permits at any given time. The Administrator shall not approve any applications for Short-term Rental Permits once the Administrator has determined that the Short-term Rental Permit cap has been reached. (d) The Administrator shall create a waiting list where the number of Short-term Rental applicants exceeds the total number of available Short-term Rental Permits. Pursuant to Section 9-4.4904(g) of this article, Short-term Rental applications for qualifying properties on the wait list shall be processed in the order applications were received.
Sec. 9-4.4903. Standards applicable to Short-term Rental Sites.
The following standards shall apply to any Site offered as a Short-term Rental. No Shortterm Rental Permit shall be issued if the Site is not compliant with the following:
(a) In accordance with Section 9-4.453(a)(6) and 9-4.454(a)(6), no Person may o Operate a Short-term Rental in any accessory dwelling unit or junior accessory dwelling unit. However, the Operator of a Hosted Short-term Rental may reside in an accessory dwelling unit or junior accessory dwelling unit on the Site and Operate the Hosted Short-term Rental in the primary residence on the Site; (b) No Person shall Operate or allow a Short-term Rental in any location not approved for use as a permanent dwelling unit (received Certificate of Occupancy or equivalent final inspection), including, but not limited to, any vehicle, trailer, tent, storage shed or garage;
(c) Each Person Operator Operating a Short-term Rental shall have their Primary Residence at the Site of the Short-term Rental. If the Person is a corporation, business trust, estate, trust, partnership, limited liability company, association, or other entity, the managing member of the limited liability company, officer of the corporation, or trustee of the business trust or estate or a partner must have their Primary Residency on the Site. To prove Primary Residency, the Operator Person must provide at least three forms of documentation to the Administrator evidencing that the Site of the Short-term Rental is their Primary Residence for 10 Packet Pg. 634
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more than six months of the year. A State or Federally issued identification card must be one of the documents provided, and can others may include, but is are not limited to, proof of homeowner's tax exemption, voter registration card or certificate, or proof of vehicle registration.
(d) An Operator shall Operate only one Short-term Rental at any given time; (e) For a single-family residential unit or a residential condominium dwelling unit, one Short-term Rental may Operate as an accessory use on the Site; and (f) For a Multi-family development, only Hosted Short-term Rentals may be Operated as an accessory use to an individual unit within the Multi-family development.
Sec. 9-4.4904. - Short-term Rental Permit required.
Subject to those requirements in Section 9-4.4903 and subject to the Short-term Rental Permit cap specified in Section 9-4.4902, a Short-term Rental Permit along with a ShortTerm Rental Permit number may be approved and issued by the Administrator, provided that the Administrator determines the applicant has met the following requirements:
(a) Application. Any Person seeking to o Operate a Short-term Rental must complete an application on a form provided by the City, accompanied with the fees established by resolution of the City Council. The application form will include, at a minimum, the following information:
i. Name and contact information of the Operator;.
ii. All adults for whom the property is a permanent residence shall be listed; iii. The name and contact information of the authorized Responsible Party.
Any change in the Responsible Party’s address or telephone number shall be promptly furnished to the City within 48 hours of such change; iv. Site plan showing location, dimensions, and use of all existing buildings on the Site, and on-Site parking;
v. Floor plan showing the use of all rooms per the California Building Code, and identifying Legally Permitted Bedrooms Rooms, rooms and doors to be used for the Short-term Rental;
vi. If the Operator is not the property owner, the property owner’s written consent to the Short-term Rental use;
vii. The Operator shall provide documentation required by section 9-
4.4903(c) that the Site is the Operator’s Primary Residence; viii. Identification of whether the Short-term Rental shall be a Hosted or Unhosted Short-term Rental or combination of both, and the estimated number of nights per year the Short-term Rental will be rented; ix. Advertising platform(s) used by the Operator to advertise the Short-term Rental;
x. Proof that the Operator has installed a Noise Monitor on the exterior of the Short-term Rental in a location to ensure that accurate noise levels can be taken by the Noise Monitor;
xi. Proof of insurance or insurance certificate for the Site. xi.xii. The permit application and any associated business licenses shall include an affidavit signed by the owner under penalty of perjury stating that all the information in the application is correct and that the owner maintains full responsibility that the Short-term Rental shall be advertised, rented, operated, and maintained in compliance with this article and all other relevant municipal codes. Failure to sign the affidavit shall be grounds for denial of a Short-term Rental Permit.
(b) The permit application shall be accompanied by an application fee in an amount established by City Council resolution. Applications for a Short-term Rental Permit shall not be deemed complete until all information required by this article 10 Packet Pg. 635
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is provided and the Short-term Rental application fee, as set by City Council resolution, is paid to the City.
(c) The permit application shall be accompanied by a signed safety declaration, under penalty of perjury, in a form prepared by the Administrator, to be kept in the property file at the City, self-certifying that the Short -term Rental is in a safe and habitable condition and contains working smoke detector(s), carbon monoxide detector(s), and fire extinguishers have been installed and maintained consistent with the requirements of and in compliance with the California Fire Code, as adopted by the City in Title 4, Chapter 3, Article 1 of this Code and the California Building Code, International Property Maintenance Code and Residential Code, as adopted by the City in Title 8 of this Code. (d) Inspection of Unhosted Short-term Rentals. For Unhosted Short-term Rentals, the City shall conduct a life, safety and health and safety inspection of the proposed Short-term Rental unit, prior to issuing a Short-term Rental Permit. (i) A life, safety, and health and safety inspection shall include verification of the number of Legally Permitted Bedrooms, the presence and operation of working smoke detector(s), carbon monoxide detector(s), and fire extinguishers, pools/spas, and lighted ingress/egress. The City shall also verify that no space has been converted into a bedroom or living space without permits required by the California Building Code, International Property Maintenance Code and Residential Code, as adopted by the City in Title 8, or any other provision of this Code.
(ii) The permit application shall be accompanied by a separate STR inspection fee in an amount established by City Council resolution. (e) Consent to Inspection and Production of Records. For all Short-term Rentals, the permit application shall be accompanied by a consent to inspection in a form prepared by the Administrator, which shall be signed by the Operator and if the Operator is not the owner of the Site, the owner of the Site consenting to (i) physical inspection(s) by city staff, contractors, or representatives for the purpose of verifying compliance with this article during regular business hours (7:30 a.m. to 5:30 p.m.) upon forty-eight (48) hours’ notice and (ii) that if said inspection is deemed necessary by the Administrator because of complaints received by the City of non-compliance, the Operator will produce records demonstrating compliance with all provisions of this article within seven (7) calendar days of the request.
(f) Compliance with the Municipal Code. No Short-term Rental Permit shall be issued if there are any unresolved or outstanding building, electrical, plumbing, fire, health, housing, police, or planning violations or enforcement actions issued by the City or other enforcement agency, including but not limited to, any administrative citations, notices of violation, notices to cure, orders of abatement, cease and desist orders, or correction notices related to the Site. (g) Compliance with Operation Requirements. No Short-term Rental Permit shall be issued if the Site has had two or more violations of this article within twelve months prior to application submittal. No Short-term Rental Permit shall be issued if the Operator has had a Short-term Rental Permit revoked within twelve months of the application date by the City of Pacifica. (h) Waitlist. The Administrator will maintain a waiting list when the number of Shortterm Rental applicants exceeds the Short-term Rental Permit cap identified in Section 9-4.4902. The Administrator will continually maintain the Short-term Rental Permit cap inventory as Permits are not renewed or revoked. Persons wishing to be placed on the waitlist shall submit a waitlist application on a form provided by the City accompanied by the completed Short-term Rental Permit application required by Section 9-4.4904(a). A nonrefundable waitlist application fee in an amount established by resolution of the City Council shall be remitted 10 Packet Pg. 636
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with the application. Short-term Rental applications for qualifying properties on the waitlist will be processed bi-annually between October 31 and November 30 of each year and between April 30 and May 31 of each year based on the date of receipt of the application, starting with the oldest date. The Administrator, in their discretion, may require an Applicant placed on the waitlist to provide updated information at the time a Short-Term Rental Permit becomes available, in accordance with requirements in place at the time the application is being considered.
(i) Appeals of Determination of Administrator. Any decision of an Administrator relating to an application or the waitlist may be appealed within ten (10) days of the decision of the Administrator to an administrative hearing officer, pursuant to the process specified in section 9-4.4908(d).
(j) All Operators and their respective Sites, authorized by the City for the Operation of a Short-term Rental pursuant to this article, shall be listed on a registry created by the City and updated periodically by the City. The City shall publish the registry on the City’s website, and a copy shall be sent electronically to any Person or Hosting Platform upon request.
Sec. 9-4.4905. Operation Requirements.
A Short-term Rental must comply with the following operation requirements at all times that the Short-term Rental Permit is issued:
(a) Permit required. The Short-term Rental must be operated under a valid Shortterm Rental Permit issued by the City in accordance with Section 9-4.4904; (b) The Operator shall, during the term of the Short-term Rental Permit, promptly inform the Administrator regarding any changes to the information provided in the application, including contact information and Advertising platform(s) used by the Operator to advertise the Short-term Rental;
(c) The Operator shall, at all times while the Site is being used as a Short-term Rental, maintain a Responsible Party that can be reached via telephone twentyfour (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the Short-term Rental. The Operator can be identified as the Responsible Party. if they can satisfy these requirements: The Responsible Party shall be a local contact person who shall meet all of the following requirements:
1) be available 24 hours per day and seven days a week when the Short-term Rental is in Operation and 2) be accessible and able to respond in person at the Short-term Rental within a reasonable time of 30 minutes to any complaint regarding condition, operation, or conduct of occupants of the dwelling and 3) be responsive to take remedial action necessary to resolve any violation of the requirements of this article.
shall be a local contact person and able to respond in person at the short-term vacation rental within a reasonable time of 30 minutes to any complaint regarding condition, operation, or conduct of occupants of the dwelling; and (ii) The AResponisble Party shall be responsive to take remedial action necessary to resolve any violation of the requirements of this Article 49 or other applicable provisions of the Pacifica Muncipal Code.
The Responsible Party shall respond, either in person, or by return telephone call, within thirty (30) minutes of a complaint. The Responsible party shall make all reasonable efforts to address the complaint.;
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(d) The Operator must provide the following materials electronically to any Shortterm Renters before arrival and make available printed materials on-site at the Site for the guest with the following information:
i. A diagram of exits, fire extinguisher locations, and fire and police contact numbers;
ii. The Short-term Rental Operator’s contact information; iii The Responsible Party’s contact information;
iv. Information on the maximum allowed number of occupants, parking capacity and location of parking spaces, noise regulations, disclosure that the property is equipped with a noise monitoring device, quiet hours, and trash, composting, and recycling disposal requirements including collection time and date and instructions on collection and use of the collection containers;
v. The City's noise regulations (Chapter 10 of Title 5 of this Code); and vi. The City's Social Host Liability Ordinance (Chapter 28 of Title 5 of this Code);
(e) The Operator shall include the City-issued Short-term Rental Permit number in any Advertising platform or any other advertisement appearing in any newspaper, magazine, brochure, television trade paper, internet website, etc., that promotes the availability or existence of a Short-term Rental on the Site. The Short-term Rental Permit number must also be prominently and legibly included in the first line of the property description text in any advertisement in the following format: “City of Pacifica Short-term Rental Permit No. #### ”; (f) Each Short-term Rental Site shall be identified with a single, weatherproof exterior sign, not more than two (2) square feet in total area, posted either at the front of the Site and visible from the right-of-way for single family dwellings, or on the door if it is a hosted Multi-family dwelling unit or condominium, indicating the Site is being utilized as a Short-term Rental. The sign shall include the Shortterm Rental Permit number and a Quick Response (QR) code that is a minimum of 3-by-3 inches with the Operator’s name and contact information and the Responsible Party’s name and contact information, if different, and a link to the City’s code enforcement website. The sign shall be in a form approved by the Administrator. At a minimum, the sign shall be posted while the Site is being utilized as a Short-term Rental;
(g) A Short-term Rental shall not create pedestrian, automobile, or truck traffic detrimental to property in the vicinity or neighborhood parking impacts. The property address shall be clearly marked;
(h) A Short-term Rental shall comply with all provisions of the Pacifica Municipal Code, including, but not limited to the City’s noise regulations (Chapter 10 of Title 5 of this Code) and the Loud and Unruly Gatherings and Social Host Liability Ordinance (Chapter 28 of Title 5 of this Code), Garbage, Collection and Recycling (Chapter 5 of Title 6 of this Code), and the Building Regulations (Chapters 1-17 of Title 8 of this Code);
(i) A Short-term Rental shall comply with all applicable state and local laws and orders, including any public health order;
(j) Each Person Operating a Short-term Rental shall comply with the transient occupancy tax requirements set forth in Chapter 7 of Title 3 (Transient 10 Packet Pg. 638
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Occupancy Tax) of this Code, and shall obtain a Transient Occupancy Registration Certificate pursuant to the Section 3.7-06 for the entire period of time the Site is used as a Short-term Rental;
(k) Each Person Operating a Short-term Rental shall obtain a business license and pay the business license tax required pursuant to Chapter 1 of Title 3 (Business Licenses) of this Code for the entire period of time the Site is used as a Shortterm Rental; (l) The Operator of a Hosted Short-term Rental must be on-Site between the hours of 11:00 p.m. and 6:00 a.m. when the Site is being utilized as a Short-term Rental;
(l)(m) Maximum overnight occupancy for all Short-term Rentals shall not exceed two (2) Short-term Renters per Legally Permitted Bedroom. Children under the age of twelve (12) six (6) shall not count towards these occupancy limits; (m)(n) In addition to the maximum number of Short-term Renters allowed, the number of guests and visitors Visitors allowed at any time in a Short-term Rental shall not exceed one half of the maximum Short-term Renters allowed, and visitor hours are limited to 8:00 a.m. – 10:00 p.m.;
(o) Short-term Renters shall not make any excessive or loud noise during Quiet Hours from 10:00 p.m. to 7:00 a.m. daily;
(n)(p) Use of all outdoor pools, spas and hot tubs shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.;
(o)(q) In addition to the noise standards identified in Chapter 10 of Title 5 and Chapter 28 of Title 5 of this Code, no radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any Short-term Rental. Any machine, device or equipment that amplifies music inside any Short-term Rental shall not be heard beyond the property line of the Short-term Rental at all times; (p)(r) Each Operator shall install and maintain in continuous operation a Noise Monitor on the exterior of the Short-term Rental to ensure compliance with the City’s noise regulations (Chapter 10 of Title 5 of this Code). The Operator shall retain a record of the Noise Monitor readings for a period of thirty (30) days after each Rental of the Short-term Rental;
(q)(s) Within the Coastal Zone, the The Short-term Rental must provide at least one offstreet parking space per Legally Permitted Bedroom that is being utilized as a Short-term Rental, which shall be dedicated and available to Short-term Renters during the period of the Rental; Outside the Coastal Zone, Short-term Rentals shall require two (2) off-street parking spaces;
(r)(t) Short-term Rentals shall not be concurrently used for any commercial Event (such as a corporate retreat or conference), and shall not be used for any noncommercial Event that is likely to result in a violation of traffic, parking, noise, or other standards regulating the residential use and character of the neighborhood.
Home occupations conducted by the primary resident compliant with the City’s 10 Packet Pg. 639
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home occupation ordinance are allowed; provided that parking and all other requirements for both the Short-term Rental and the home occupation are met; (s)(u) Short-term Rental use shall comply with trash and recycling requirements and scheduled solid waste pick-up days at least once per week. Trash and recycling containers shall be located to be readily accessible for servicing, but shall not be placed within the limits of any street, road, avenue, way, alley, public place, or any other places as to constitute a nuisance; and
(t)(v) Unhosted Short-Term Rentals. The following additional operation requirements shall apply only to Unhosted Short-term Rentals:
i. An Unhosted Short-term Rental shall be Operated no more than ninety (90) sixty (60) nights per year, calendar year, commencing on October 31st of each year and ending October 30th January 1st of each year. ii. Minimum Stay. Unhosted Short-term Rentals shall have a minimum two consecutive night stay for Short-term Renters.
iii. Unhosted Short-term Rentals are prohibited in Multi-family development units.
Sec. 9-4.4906. Record Keeping.
The Operator shall retain records documenting the compliance with this article for a period of three years after any Short-term Rental, including, but not limited to, records indicating the history of all Short-term Rental reservations on the subject property from the Advertising platform or otherwise, records indicating the payment of any and all transient occupancy taxes, length of stay per reservation, and number of Persons per reservation. The Operator shall provide any such documentation to the City within thirty (30) days of the City’s request. Notwithstanding the foregoing, readings from the Noise Monitor shall be retained for a period of thirty (30) days after the Rental of the Short-term Rental.
Sec. 9-4.4907. Permit term and renewal.
(a) Term. A Short-term Rental Permit is valid for one year from the date of issuance until October 31st of each year, unless suspended or revoked by the Administrator prior to October 31st.
(b) Renewal. The Short-term Rental Permittee may renew the permit annually by submitting a renewal application, in a form prepared by the Administrator, and applicable fee between October 1st and October 31st of each year, regardless of when the Short-term Rental permit was issued. If a renewal application and fee are not filed prior to the October 31st deadline, the Short-term Rental Permit shall expire automatically. Under such conditions, the Operator shall be required to apply for and obtain a new Short-term Rental Permit, subject to the requirements in effect at the time an application is submitted.
i. Renewal applications shall be reviewed for compliance with this article. If a Short-term Rental Operator is not in compliance with this article, the Short-term Rental shall not be renewed.
ii. Proof of Rental Nights. For any renewal, the Operator shall provide documentation of the number of nights the unit was rented during the 10 Packet Pg. 640
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prior year, including whether the unit was used as a Hosted Short-term Rental or an Unhosted Short-term Rental.
Sec. 9-4.4908. Permit Suspension and Revocation
(a) Permit suspension. The Administrator may suspend a Short-term Rental Permit, at the Administrator’s sole discretion, after making a determination that the Operator has violated any provisions of this article if the Administrator determines that the nature of the violation may be corrected within a reasonable period of time.
(b) Permit revocation. The Administrator may revoke a Short-term Rental Permit, at the Administrator’s sole discretion, after making a determination that the Operator has violated any of the provisions of this article or is operating the Short-term Rental in a manner that is detrimental to the public health, welfare or safety or constitutes a nuisance. A Short-term Rental Permit may also be revoked for the following reasons:
i. That the Short-term Rental Permit was obtained by misrepresentation, false statement, or fraud;
ii. That the Short-term Rental activity is being conducted in violation of local or state or federal law;
iii. That two violations of this article have occurred on the Site within the preceding twelve months;
iv. That the Short-term Rental is being operated in a manner that is detrimental to the public health, welfare or safety;
v. That consent to an inspection has not been provided; or vi. That records documenting the compliance with this article, including, but not limited to, records indicating the history of all Short-term Rental reservations on the Site from the Advertising Platform or otherwise, records indicating the payment of any and all transient occupancy taxes, length of stay per reservation, number of Persons per reservation and were not provided to the City within thirty (30) days of the City’s request. (c) The Administrator shall provide the Short-term Rental Operator with written notice stating the supporting factual basis for the decision. The notice shall contain an advisement of the right to request an appeal before a hearing officer by filing a written appeal.
(d) Appeal to Hearing Officer. Suspension or revocation issued by the Administrator pursuant to paragraph (a) or (b) will be effective ten (10) days from the date appearing on the notice, unless a timely appeal is filed before such date along with the deposit of an appeal fee established by resolution of City Council. A hearing shall be scheduled before the hearing officer within thirty (30) days. The decision of the hearing officer shall be a final administrative order, with no further administrative right of appeal or reconsideration. The hearing officer may sustain a denial, suspension, or revocation, overrule a denial, suspension, or revocation, reduce a revocation to a suspension and/or reduce the length of a suspension. 10 Packet Pg. 641
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(e) Reapplication. No application for a Short-term Rental Permit will be accepted within one year after a Short-term Rental Permit is revoked.
Sec. 9-4.4909. Violations and enforcement.
(a) The City may issue a notice of violation or administrative citation for any violation of this article, to any occupant, invitee, renter, lessee, owner of the property, Operator, Responsible Party, managing agency or agent, and/or Advertising platform for a violation of any provision of this article or other provisions of the Code pursuant to Title 1 of this Code.
(b) Each and every day, or portion thereof, that a violation of this article and/or Code exists constitutes a separate and distinct violation for which a notice of violation or administrative citation may be issued by the City. Such notice of violation or administrative citation shall be issued, notice given, and any appeals heard in the manner and by the process described in Title 1 of this Code. (c) A violation of any provision of this article, or failing to comply with any mandatory requirement hereof, shall constitute a misdemeanor. The fine amount for each violation shall be one thousand dollars ($1,000.00). Notwithstanding the preceding sentence or any other section of this article, a violation of this article may, in the discretion of the enforcement officer be charged and prosecuted as an infraction. In addition, the City may enforce this article by any means permitted by law, including, but not limited to, those penalty provisions set forth in Title 1 of this Code.
(d) Pursuant to Government Code Section 36900(d), for infractions that pose a threat to public health or safety, the fine shall be, at a minimum, one thousand five hundred dollars ($1,500.00) for an initial violation of this chapter, three thousand dollars ($3,000.00) for a second violation of the same provision within one (1) year, and five thousand dollars ($5,000.00) for each subsequent violation of the same provision within one (1) year. Operation of a Short-term Rental without a permit or violations of the any of the provisions of this article shall be deemed to pose a threat to public health or safety.
i. For fines imposed under this subsection, the Administrator may grant a hardship waiver to reduce the amount of the fine upon a showing by the Short-term Rental permittee that the Short-term Rental permittee has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. No such waiver shall be granted for subsequent violations.
ii The fines set forth in this subsection shall not apply to a first-time offense of failure to register or pay a business license fee.
(e) Revocation. In addition to the fines and penalties imposed by this section, upon a second violation of this article within a twelve (12) consecutive month period, the Administrator shall revoke the Short-term Rental Permit. (f) Cost Recovery. The City’s costs to enforce this section are the responsibility of the Operator. The costs may be recovered pursuant to Chapter 2 of Title 1 of this Code, Government Code Section 38773 et seq. and any other legal method. 10 Packet Pg. 642
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(g) Administrative Subpoenas. The city manager, or designee, shall have the authority to request the city attorney to subpoena witnesses to compel their attendance and testimony at hearings and to require the production of books, papers, records or other relevant items regarding Short-term Rental listings located in the City, including, but not limited to, the names of the Persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay, to determine whether the Short-term Rental listings comply with this article. Any subpoena issued pursuant to this Section shall not require the production of information sooner than thirty (30) days from the date of service. A Person, Advertising platform, or Short-term Rental operator that has been served with an administrative subpoena may seek judicial review during that thirty (30) day period. (h) Any Aggrieved Resident of the City may invoke violations of this article as a basis for a private action for injunctive relief to prevent or remedy a public nuisance violation. For purposes of this subsection, “Aggrieved Resident” is defined as any individual who resides or owns property with 300 feet of the subject Short-term Rental and has personally experienced disruption, nuisance, or harm due to a violation of this Chapter. No action may be brought under this subdivision unless and until the prospective plaintiff has given the City and the prospective defendant(s) at least 30 days written notice of the alleged public nuisance and the City has failed to initiate proceedings within that period, or after initiation, has failed to diligently prosecute. The prevailing party in any such action shall be entitled to recover reasonable costs and attorney’s fees.
Sec. 9-4.4910. Administrative Regulations. The Administrator is authorized to promulgate any policies or procedures necessary to implement and enforce this article, including, but not limited to administering the waitlist set forth in Section 9-4.4904(h) (g) and a process for accepting and prioritizing applications received after the Short-term Rental permit cap set forth in Section 9-4.4902 is reached.
Sec.9-4.4911 Advertising Platform Responsibilities. Advertising platforms shall be responsible for the following:
(a) Subject to applicable laws, Advertising platforms shall disclose to the City on a regular basis each Short-term Rental listing located in the City, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay. (b) Advertising platforms shall not complete any booking transaction for any Shortterm Rental unless it is listed on the City's registry created under section 9-4.4904(j), at the time the Advertising Platform receives a fee for the booking transaction. (c) Safe Harbor. An Advertising platform operating exclusively on the Internet, which operates in compliance with subsections (a) and (b) above, shall be presumed to be in compliance with this Article, except that the Advertising Platform remains responsible for compliance with the administrative subpoena provisions of this Article. (d) The provisions of this Section shall be interpreted in accordance with otherwise applicable State and Federal law(s) and will not apply if determined by the City to be in violation of, or preempted by, any such law(s).
Sec. 9-4.49124911 Application of Ordinance to Issued Short-term Rental Permits. 10 Packet Pg. 643
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(a) Areas outside the Coastal Zone. Upon the Effective Date of this Ordinance, the following provisions of this Ordinance shall be immediately applicable to all Short-term Rentals in areas outside the Coastal Zone: Sections 9-4.4900, 9-4.4901, 9-4.4902, 9-4.4903(a) and (b), 9-4.4904, 9-4.4905(a) through (k), 9-4.4906, 9-4.4907, 9-4.4908, 9-4.4909 and 9-4.4910 and 9-
4.4911. All other provisions of this Ordinance (Sections 9-4.4903(c) through (f) and 9-4.4905(l) through (t)(v)) shall not apply to Short-term Rentals that have been issued a Short-term Rental Permit prior to the Effective Date of this Ordinance until that Short-term Rental Permit is renewed, terminated, or revoked.
(b) Areas within the Coastal Zone: The Ordinance must be certified by the Upon certification by the California Coastal Commission prior to enforcement in any areas of the Coastal Zone. Upon certification by the California Coastal Commission of an amendment to the City’s local coastal program relating to the adoption of this Ordinance:
(i) tThe following provisions of this Ordinance shall be immediately applicable to all Short-term Rentals in areas within the Coastal Zone: Sections 9-4.4900, 9-4.4901, 9-
4.4902, 9-4.4903(a) and (b), 9-4.4904, 9-4.4905(a) through (k), 9-4.4906, 9-4.4907, 9-
4.4908, 9-4.4909, and 9-4.4910 and 9-4.4911.
(ii) The following provisions of this Ordinance All other provisions of this Ordinance (Sections 9-4.4903(c) through (f), 9-4.4905(l) through (t)) shall not apply to Short-term Rentals that have been issued a Short-term Rental Permit prior to the date of Coastal Commission Certification until the Short-term Rental Permit is renewed, terminated or revoked: Sections 9-
4.4903(c) through (f), 9-4.4905(l) through (vt). ; or two years from the date of adoption of the Ordinance, whichever is earlier.
Section 3. Amendment. Article 29 of Chapter 4 of Title 9 is amended by adding subsection (t) to Section 9-4.2904. Exempted signs which shall be read as follows:
“Sec. 9-4.2904. - Exempted signs.
…
(t) Short-Term Rental signs required pursuant to, and in compliance with, Section Sec. 9-4.4905 Operation Requirements” Are exempt from the permit requirements and provisions of this Article.”
All other subsections within Section 9-4.2904 shall remain unchanged.
Section 4. Compliance with CEQA. The City Council hereby finds that the adoption of the ordinance is exempt from CEQA pursuant to the “General Rule” exemption in CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA if “the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The revisions to the ordinance make changes to the existing permitting requirements for short-term rentals within the City that are designed to address community concerns and ensure responsible short-term rental operations. These amendments are administrative in nature and do not involve any physical changes to the environment nor do they involve the construction of new facilities or infrastructure. The amendments would also not permit any development or construction of single family residences, hotels or motels. The ordinance would continue to allow a maximum of 150 Short-term rentals to operate in the City with a permit, the same number as the existing ordinance. The ordinance does not increase or decrease the number of visitors to the City. Given the foregoing, it can be seen with certainty that the text amendments would not have a significant effect on the environment.
The City Council finds that the zoning text amendment in the ordinance is also exempt pursuant to CEQA Guidelines Section 15301 (“Existing Facilities”). The Class 1 exemption applies to, 10 Packet Pg. 644
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among other things, the permitting, leasing, and licensing of existing public or private structures and facilities so long as the activity in question involves negligible or no expansion of an existing or former use. The ordinance makes amendments to the City’s current short-term rental permitting program for existing residential dwelling units that are operating as a short-term rental and as such clearly entails an activity addressing the permitting regarding leases/licenses of existing residential dwelling units in the City. Most importantly, the ordinance involves negligible or no expansion of existing or former uses of residential dwelling units because even as a shortterm rental, the use of the dwelling unit would still be primarily residential and the ordinance does not expand the types of homes that can be used as a short-term rental. Also, the ordinance does not affect the density of short-term rentals in a particular area. This ancillary use would be similar to the example in CEQA Guidelines section 15301(p) (single family residence used as a small family day care center). The ordinance would make changes to the permitting requirements for short-term rentals operating within the City and subject to the Short-term Rental Permit requirement.
The City Council also finds that the exceptions to the categorical exemptions in CEQA Guidelines section 15300.2(a)-(f) do not apply to the ordinance for the following reasons:
(a) Location. This exception does not apply to Class 1 categorical exemptions. (b) Cumulative Impact. There is no evidence of successive projects of the same type in the same place, over time.
(c) Significant Effect. There is no evidence of a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. First, as discussed above, there is no evidence that the adoption of the ordinance would have a significant effect on the environment. The revisions to the ordinance make changes to the permitting requirements for short-term rentals within the City that are designed to ensure responsible short-term rental operations. Second, The adoption or amendment of an ordinance regulating short-term rentals city-wide is not an unusual circumstance. Many cities and counties have adopted ordinances similar to this ordinance to regulate short-term rental operations within the geographic boundaries of the agency as evidenced in the Staff Report accompanying this ordinance. Given the numerous examples of cities and counties adopting or amending ordinances for short-term rentals that operate within those jurisdictions, it is clear that the adoption or amendment of an ordinance is not an unusual circumstance.
(d) Scenic Highways. The ordinance does not affect any scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway.
(e) Hazardous Waste Sites. The ordinance does not affect a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. (f) Historical Resources. The ordinance does not cause a substantial adverse change in the significance of a historical resource.
The City Clerk shall file a Notice of Exemption with the San Mateo County Clerk.
Section 5. Severability. If any section, subsection, sentence, clause, or phase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.
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Section 6. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council of the City of Pacifica, California, and cause the same to be published in accordance with State law.
Section 7. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. For areas within the Coastal Zone, this Ordinance shall not become effective until the California Coastal Commission certifies an amendment to the City’s local coastal program pursuant to Section 30514 of the Public Resources Code as set forth in Section 2 of this Ordinance.
Section 8. PASSED AND ADOPTED this day of , 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 10 Packet Pg. 646
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(ID # 5984) at 7/14/2025 5:30 PM City Council Regular Meeting 10 Packet Pg. 647
4896-2649-7613 v1
RESOLUTION NO. 2025-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PACIFICA INITIATING TEXT AMENDMENT TA-127-25 AND RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REPEALING AND REPLACING ARTICLE 49 "SHORT-TERM RENTALS" OF CHAPTER 4 OF TITLE 9 OF THE PACIFICA MUNICIPAL CODE RELATING TO THE
REGULATION AND PERMITTING OF SHORT- TERM RENTALS, AMENDING PACIFICA MUNICIPAL CODE SECTION 9-4.2904 “EXEMPTED SIGNS”; ESTABLISHING FINES FOR VIOLATIONS CONSISTENT WITH GOVERNMENT CODE SECTION 25132 (E); REPEALING RESOLUTION NO. 2025-001; AND FINDING THE TEXT AMENDMENT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (FILE NO. 2025-001) ___________________________________________________________________ Initiated by: City of Pacifica
WHEREAS, on June 11, 2018, the City Council of the City of Pacifica adopted Ordinance 835-C.S. adding Article 49 "Short-Term Rentals" ("STRs") to Chapter 4 of Title 9 of the Pacifica Municipal Code to establish regulations governing the short-term rental of residential property within the City of Pacifica; and
WHEREAS, on February 27, 2023, the City Council adopted Ordinance 888-C.S. repealing and replacing Article 49 "Short-term Rentals" of Chapter 4 of Title 9 of the Pacifica Municipal Code relating to the regulation and permitting of short- term rentals; and WHEREAS, during 2024, the City Council advanced Goal 3: prioritize protection and development of affordable housing, Strategy 3.2: Update the Short-Term Rental Ordinance of the City’s Strategic Plan 2023 to 2030; and
WHEREAS, advancement of Goal 3, Strategy 3.2 of the City’s Strategic Plan included a comprehensive evaluation of the program’s status and enforcement activity; and
WHEREAS, the California State Legislature has declared that housing is statewide concern; and
WHEREAS, preservation of existing housing is an integral component of the City of Pacifica Housing Element; and
WHEREAS, the stock of naturally affordable housing that comes from multi-family complexes is being impacted by short-term rentals, reducing affordable housing; and
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WHEREAS, the City Council held a Study Session on June 24, 2024, to receive information on the Short-Term Rental Program and provide direction on potential ordinance provisions for City staff to research and analyze and bring back to Council; and WHEREAS, the City Council held a Study Session on August 26, 2024, with continued deliberations occurring on September 8, 2024, to consider implementation impacts for each of the policy and regulatory compliance topics discussed at the June Study Session, and to provide direction on provisions for the updated Short-Term Rental Ordinance; and
WHEREAS, on November 5, 2024, city staff consulted with California Coastal Commission staff to discuss feasibility of the proposed text amendments; and WHEREAS, during the November 5, 2024 consultation between City staff and CCC staff, four areas of potential concern were identified and feedback was provided, including parking requirements, short-term rental density limitations, use of multi-family dwellings as short-term rentals, and minimum rental duration requirements; and WHEREAS, on December 4, 2024, the City Council held a Special Council Meeting to receive updates regarding the November 5, 2024 consultation meeting between City staff and California Coastal Commission discuss the four topics of concern and provide feedback and direction to staff on ordinance provisions and amendments; and WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments contained in Text Amendment TA-127-25 (File No. 2025-001) (“Draft Ordinance”) on January 21, 2025, and adopted Resolution No. 2025-001 by a vote of 6 to 0 with 0 of absences, initiating and recommending City Council approval of Text Amendment TA127-25.
WHEREAS, the City Council held a duly noticed public hearing on the proposed ordinance on February 24, 2025, provided additional direction to the City Manager on revisions to the draft Ordinance, and adjourned the meeting to a future date to continue deliberations; and
WHEREAS, the City Council continued deliberations on April 14, 2025, at a duly noticed public hearing, provided final direction to the City Manager for revisions to the draft Ordinance, and directed the City Manager to refer the revisions back to the Planning Commission for review and recommendation; and
WHEREAS, on June 16, 2025, the Planning Commission held a duly noticed public hearing on the proposed amendments contained in Text Amendment TA-157-25 (File No.
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2025-001) and adopted Resolution No. 2025-006 by a vote of 6-0 initiating and recommending to the City Council adoption of Text Amendment TA-157-25 (File No. 2025- 001); and
NOW, THEREFORE BE IT RESOLVED, by the Planning Commission of the City of Pacifica as follows:
1. The above recitals are true and correct and material to this Resolution.
2. In making its findings, the Planning Commission relied upon and hereby incorporates by reference all correspondence, staff reports, and other related materials.
3. The Planning Commission hereby repeals Resolution 2025-001.
4. The Planning Commission hereby finds that the proposed Draft Ordinance and included amendments to Article 49 are consistent with the General Plan and Local Coastal Plan as follows:
a. General Plan Housing Element Program HE-I-7 Preserve Existing Affordable Housing Units, in that:
i. The Draft Ordinance specifically addresses preservation of existing affordable housing as it includes provisions limiting the use of multi-family units as STRs to hosted STRs only.
ii. Provisions limiting the use of multi-family units for STR purposes helps to ensure the continued availability of an important source of affordable housing, and provides opportunities for residents to supplement their income, potentially improving housing
affordability.
b. General Plan Policy ES-G-1 Leverage Assets (Leverage Pacifica’s coastal location and unique assets as a primary means to strengthen the local economy, focusing on increasing tourism facilities, including shops, hotels, restaurants, and hiking trails), in that:
i. Short-term rentals increase tourism by providing a diverse range of accommodation options; and
ii. Short-term rentals contribute to the City’s local economy by generating business license tax and transient occupancy taxes (TOT), revenues from which can be used to fund essential city services such as infrastructure and recreation facility
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improvements, benefiting both the tourist and local economies; and
iii. Short-term rentals attract a diverse tourist base to the city, introducing new customers to local shops and restaurants; and iv. Tourists who patronize these local businesses directly strengthen the local economy by generating revenue for local businesses and contributing to the city’s sales tax base; and
v. Short-term rentals provide supplemental income opportunities for Pacifica residents, fostering economic empowerment and
enabling contribution to the local economy through increased spending at local businesses, or by pursuing their own local business; and
vi. By establishing additional short-term rental regulations and improving enforcement actions, amendments to the short-term rental Program effectively leverage the city's unique assets and strengthen the local economy.
c. General Plan Policy ES-I-7 Mixed Land Uses (Promote development of a broader mix of revenue-generating land uses, including hotels, to increase the City’s fiscal benefits), in that:
i. The short-term rentals promote a broader mix of revenuegenerating transient occupancy uses; and ii. Allowing short-term rentals to operate within the City offers a diverse range of accommodation options catering to different budgets and travel styles; and
iii. Short-term rentals attract a diverse range of tourists to the City of Pacifica, thereby enhancing the City’s fiscal health through revenue generated from business license, TOT, and sales taxes; and
iv. Allowing short-term rentals to operate within the City stimulates the local economy by increasing revenue generated by local businesses and short-term rental operators.
d. General Plan Policy CD-G-3 Neighborhood Conservation (Preserve the unique qualities of each of Pacifica’s residential neighborhoods.
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Incorporate neighborhood narratives into the General Plan to reflect these unique qualities and inform appropriate development standards and other policies), in that:
i. The Draft Ordinance preserves the unique qualities of residential neighborhoods by distinguishing between hosted and unhosted rentals and expanding operating regulations that address potential neighborhood impacts such as noise, litter, and parking. e. General Plan Policy CD-I-6 Accessory Dwelling Units (Facilitate the creation of accessory dwelling units that contribute to the variety of available housing and do not disrupt neighborhood character. Update the Zoning Ordinance and Design Guidelines to address the integration of accessory dwelling units into the neighborhood fabric), in that:
i. The amended Short-Term Rental Program facilitates the creation of accessory dwelling units (ADU) that contribute to the variety of available housing by maintaining prohibitions on the use of ADUs and junior ADUs as STRs, ensuring that accessory dwellings continue to contribute to the variety of available housing and discouraging the construction of accessory dwellings for the sole purpose of use as STRs; and
f. Local Coastal Land Use Plan Implementing Policy LD-I-6, Lower Cost Visitor and Recreational Facilities (protect, encourage, and where feasible, provide lower-cost visitor and recreational facilities in the Coastal Zone. These include major, free recreational attractions such as Pacifica Pier and Pacifica State Beach; the public golf course at Sharp Park; the San Francisco RV Park; California Coastal Trail and other trails, lower cost overnight accommodations; and numerous beaches accessible at no cost) in that the proposed amendments would maintain allowances for STRs within the Coastal Zone, while providing additional regulatory and permitting requirements to address operational impacts on residential uses.
5. The public necessity, convenience, and general welfare clearly permit the adoption of the Draft Ordinance, in that clarifying operating regulations for hosted and unhosted short-term rentals reduces neighborhood impacts and ensures short-term rentals operate in a compatible manner with existing residential uses.
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6. The Planning Commission further finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the commonsense exemption, Section 15061(b)(3) of the State CEQA Guidelines, because CEQA applies only to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Additionally, the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15301(Class 1-Existing Facilities) as the Draft Ordinance makes amendments to the City’s current short-term rental permitting program for existing residential dwelling units.
The Draft Ordinance involves negligible or no expansion of existing or former use. This Ordinance is an exercise of the City’s police power to reduce the adverse effects of short-term rentals. As a result, this Ordinance will not result in direct or indirect physical changes in the environment and is not subject to CEQA.
7. Implementation of the Draft Ordinance in areas located within the coastal zone is contingent upon the California Coastal Commission’s certification of a Local Coastal Program Amendment (LCPA).
BE IT FURTHER RESOLVED, the public testimony related to the Draft Ordinance has demonstrated that the presence of short-term rentals in residential neighborhoods has created quality of life issues including noise, trash, and parking congestion; and BE IT FURTHER RESOLVED that the Planning Commission of the City of Pacifica does hereby recommend approval to the City Council of the City of Pacifica the zoning text amendment described in Text Amendment TA-127-25, with additions recommended by the Planning Commission, attached hereto as Exhibit 1 to this Resolution.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Pacifica, California, held on the 16th day of June, 2025.
AYES, Commissioners:
NOES, Commissioners:
ABSENT, Commissioners:
ABSTAIN, Commissioners:
____________________________
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-2649-7613 v1
Samantha Hauser, Chair
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________ Samantha Updegrave, Michelle Kenyon, City Attorney
Community Development Director
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PLANNING COMMISSION
Staff Report
Scenic Pacifica
Incorporated Nov. 22, 1957
DATE: June 16, 2025 FILE: File No. 2025-001
ITEM: 1
SUBJECT: File No. 2025-001 – Text Amendment TA-157-25, initiated by the City of Pacifica, to repeal and replace Article 49, “Short-Term Rentals” of the City of Pacifica Zoning Regulations (Title 9, Chapter 4 of the Pacifica Municipal Code) relating to the regulation and permitting of Short-Term Rentals and establishing fines for violations consistent with Government Code section 25132(e); amending Section 9-
4.2904 “Exempted Signs”; repealing Resolution No. 2025-001; and finding the text amendment exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1- Existing Facilities) and Section 15061(b)(3) (Common Sense) exemptions.
PROJECT
LOCATION: Citywide
PUBLIC NOTICE: A one-eighth page Notice of Public Hearing was published in the San Mateo Daily Journal on June 5, 2025.
CEQA
RECOMMENDATION: Exempt from the California Environmental Quality Act (CEQA) CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), including without limitation Section 15301 (Existing Facilities) and Section 15061(b)(3) (Common Sense) exemptions.
.
REQUIRED
APPROVALS: Government Code Section 65853 et seq. requires the Planning Commission to conduct a public hearing and provide a written recommendation to the City Council on any new zoning ordinance, amendment to a zoning ordinance, or change in a property’s zoning designation. Pacifica Municipal Code Section 9-4.3501 et seq. similarly 1 Packet Pg. 62
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Short-Term Rental Ordinance Amendment
June 16, 2025