Pacifica City Council
August 11, 2025

CITY OF PACIFICA

CITY COUNCIL AGENDA
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Sue Beckmeyer
Mayor pro Tem Christine Boles
Councilmember Mary Bier
Councilmember Mayra Espinosa
Councilmember Greg Wright
City Council Regular Meeting 1 August 11, 2025
August 11, 2025 (MONDAY)
www.cityofpacifica.org
Off-street parking is allowed by permit for attendance at official public meetings.

Vehicles parked without permits are subject to citation. You should obtain a permit from the rack in the lobby and place it on the dashboard of your vehicle in such a manner as is visible to law enforcement personnel.

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

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

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

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

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

City Council Regular Meeting 2 August 11, 2025
7:00 PM OPEN SESSION
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.

Salute to the Flag led by Mayor Beckmeyer

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

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

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

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

1. Approval of Disbursements for 07/01/25 through 07/31/25 PROPOSED ACTION: Receive and file the Monthly Check Register Report for the month of July 2025.

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

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

3. Resolution Authorizing Acceptance of $68,895.20 from the state of California’s Cannabis Tax Fund Grant Program for the education, prevention, and enforcement of impaired driving laws.

PROPOSED ACTION: Adopt a resolution of the City Council of the City of Pacifica authorizing the acceptance of $68,895.20 from the state of California’s Cannabis Tax City Council Regular Meeting 3 August 11, 2025
Fund Grant Program for the education, prevention, and enforcement of impaired driving laws.

4. Approval of Agreement with Metro Mobile Communications for the purchase of (70) police handheld portable radios in the amount of $157,319 and to Authorize the City Manager or Designee to Execute all Documents Associated with this Project.

PROPOSED ACTION: Move to adopt a resolution approving the Agreement with Metro Mobile Communications for the purchase of (70) police handheld portable radios in the amount of $157,319; and Authorize the City Manager or Designee to Execute all Documents Associated with the Project.

5. Resolution to Approve Calera Creek Water Recycling Plant Admin Building Elevator Modernization Project P0039
PROPOSED ACTION: Adopt a Resolution:

A. Approving the Construction Contract with KONE, Inc. in an amount of $205,232.

B. Authorizing a budget authority in the amount of $219,000, which includes contingencies in an amount of $13,768, not to exceed seven percent (7%) of the Construction Contract amount;
C. Authorizing staff to Execute Future Change Orders not to exceed the contingency amount; and
D. Authorizing the City Manager and Designated Personnel to Sign Contract Documents related to the CCWRP Admin Building Elevator Modernization Project P0039.

6. Adopt Resolution Updating List of Projects Funded by 2017 Wastewater Revenue Bonds PROPOSED ACTION: Move to Adopt Resolution to Update 2017 Wastewater Revenue Bond (Installment Sale Agreement Appendix B)

7. Resolution to approve a contract with Hinderliter, de Llamas & Associates (HdL Companies) for Business License, Transient Occupancy Tax, and Short-Term Rental Services.

PROPOSED ACTION: Adopt the attached resolution to approve the renewal of the consultant services agreement with HdL Companies to continue providing business license administration, Transient Occupancy Tax (TOT), and other municipal revenue compliance services, and authorize the City Manager to execute the agreement and any necessary amendments.

8. Resolution authorizing execution of a Voluntary Collection Agreement (VCA) between the City of Pacifica and HomeAway.com, Inc, for the collection of Transient Occupancy Tax (TOT) and Pacifica Tourism Management District (PTMD) Assessments.

PROPOSED ACTION: Adopt the attached resolution approving the Voluntary Collection Agreement (VCA) between the City of Pacifica and HomeAway.com, Inc, at no cost to the City, for the collection and remittance of Transient Occupancy Tax (TOT) and Pacifica Tourism and Marketing District (PTMD) assessments on short-term rentals through a VRBO hosting platform and authorize the City Manager to execute the Agreement and any necessary amendments.

City Council Regular Meeting 4 August 11, 2025

9. Adoption of an Ordinance by the City of Pacifica to repeal and replace 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 the adoption of the Ordinance exempt from the California Environmental Quality Act (CEQA). Recommended CEQA Status: Exempt from CEQA pursuant to Section 15061(b)(3) “The General Rule” and Section 15301 “Existing Facilities” of the CEQA Guidelines.

PROPOSED ACTION: Move to adopt an “Ordinance of the City Council of the City of Pacifica to repeal and replace 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 the Ordinance exempt from the California Environmental Quality Act (CEQA) (File 2025-001, Text Amendment TA-127-25).”

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

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

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

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

PUBLIC HEARINGS

10. General Plan Amendments (GPA-108-25), Zoning Ordinance (TA-128-25), and Associated Land Use (GPA-108-25) and Zoning Map Amendments (RZ-216-25) Implementing the Rezoning Program (File No. 2025-007) required under the 2023-2031 Housing Element. Recommended California Environmental Quality Act (CEQA) Action:

Certify a Final Environmental Impact Report, Adopt Findings of Fact and Statement of Overriding Considerations, and Mitigation, Monitoring, and Reporting Program.

PROPOSED ACTION:

1. Adopt a Resolution Certifying a Final EIR and Adopting Findings of Fact and Statement of Overriding Considerations, and Mitigation, Monitoring, and Reporting Program;
City Council Regular Meeting 5 August 11, 2025

2. Adopt a Resolution approving amendments to the General Plan text and land use map; and

3. Waive the first reading and introduce an ordinance approving the amendments to the zoning code, and zoning map
CONSIDERATION - NONE.

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

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

HOW TO OBTAIN CITY COUNCIL AGENDAS
Posted agendas:

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

View on the Internet:

Follow the link to Council agenda, at www.cityofpacifica.org E-mail subscription:

Send a request to Sarah Coffey, at [email protected] City Clerk’s Office/City Manager’s Office
City Hall, 170 Santa Maria Ave.

Council meetings:

Agendas are available at the City Council meeting

HOW TO REACH YOUR GOVERNMENT OFFICIALS
• San Mateo County Supervisor Ray Mueller, District 3, 500 County Center, Redwood City CA 94063 (650) 363-4569
• Governor Gavin Newsom, State Capitol Building, Sacramento CA 95814 (916) 445-2841 • State Senator Josh Becker, 1528 So. El Camino Real, Suite 303, San Mateo CA 94402 (650) 212-3313 • Assembly Member Marc Berman, 721 Colorado Ave, Suite 101, Palo Alto CA 94303 (650) 324-0224 • Congressman Sam Liccardo, 1117 Longworth House Office Building, Washington DC 20515 (202) 225-8104
• Senator Alex Padilla, 331 Hart Senate Office Building, Washington DC 20510 (202) 224-3553 • Senator Adam Schiff, SD-B40B Dirksen Senate Office Building, Washington DC 20510 (202) 224-3841 • President Donald J. Trump, 1600 Pennsylvania Ave. NW, Washington DC 20500 City Council Regular Meeting 6 August 11, 2025

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

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/11/2025
1 SUBJECT:

Approval of Disbursements for 07/01/25 through 07/31/25 CRECOMMENDED ACTION:

Receive and file the Monthly Check Register Report for the month of July 2025.

STAFF CONTACT:

Lucy Xie, Deputy Finance Director
(650) 501-6014
[email protected]
BACKGROUND/DISCUSSION:

Staff has submitted the following Monthly Check Register Report per California Government Code, Title 4, Division 3, Part 3, Chapter 3, Section 41004:
• Disbursements dated 07/1/25 through 07/31/25 are in the amount of $8,493,324.17 (Attachment 1).

FISCAL IMPACT:

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

ORIGINATED BY:

Finance Department
ATTACHMENT LIST:

Monthly Check Register Report July 2025 (PDF)
1 Packet Pg. 7
City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 08/05/2025 11:53
User: 5234lxie
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 3911 07/02/2025 PRINTED 000862 VISION SERVICE PLAN-CA 4,097.99 3912 07/02/2025 PRINTED 000862 VISION SERVICE PLAN-CA 67.54 3913 07/02/2025 PRINTED 000862 VISION SERVICE PLAN-CA 67.54 3914 07/07/2025 PRINTED 000039 AVINA, ANGEL 200.00
3915 07/07/2025 PRINTED 000065 ALL BAY ENVIRONMENTAL 575.00 3916 07/07/2025 PRINTED 000074 AMAZON.COM SALES, INC. 8,691.85 3917 07/07/2025 PRINTED 001084 AMERICAN RED CROSS 520.00 3918 07/07/2025 PRINTED 000096 AT&T MOBILITY 129.69
3919 07/07/2025 PRINTED 000096 AT&T 2,948.14
3920 07/07/2025 PRINTED 000096 AT&T 31.58
3921 07/07/2025 PRINTED 000096 AT&T 1,003.19
3922 07/07/2025 PRINTED 000112 BAIRD + DRISKELL COMMUNIT 34,000.00 3923 07/07/2025 PRINTED 000130 BEARING AGENCIES INC 3,016.38 3924 07/07/2025 PRINTED 000178 NAF SERVICES, INC. 1,126.15 3925 07/07/2025 PRINTED 000190 CALIFORNIA DIESEL & POWER 1,002.56 3926 07/07/2025 PRINTED 001277 CENTER HARDWARE AND SUPPL 21.71 3927 07/07/2025 PRINTED 000201 CHILDCARE CAREERS 1,841.80 3928 07/07/2025 PRINTED 000203 CINTAS CORPORATION #464 1,232.38 3929 07/07/2025 PRINTED 000011 CITY OF DALY CITY 5,774.00 3930 07/07/2025 PRINTED 000217 COAST COUNTIES PETERBILT 135.71 3931 07/07/2025 PRINTED 000224 COMCAST 14.03
3932 07/07/2025 PRINTED 000224 COMCAST .65
3933 07/07/2025 PRINTED 000245 CRIME SCENE CLEANERS, INC 130.00 3934 07/07/2025 PRINTED 001395 CRYSTAL SPRINGS LANDSCAPI 550.00 3935 07/07/2025 PRINTED 000248 CSG CONSULTANTS, INC. 13,857.05 3936 07/07/2025 PRINTED 001266 DEVELOPMENT ADVISORY SERV 3,052.50 3937 07/07/2025 PRINTED 000944 DIRECT CARRIER SOLUTION, 1,975.40 3938 07/07/2025 PRINTED 000281 DISCOUNT SCHOOL SUPPLY 4,701.09 3939 07/07/2025 PRINTED 000323 EOA INC 4,452.88
3940 07/07/2025 PRINTED 000335 FASTRAK INVOICE PROCESSIN 24.00 3941 07/07/2025 PRINTED 000339 FEDEX 294.54
3942 07/07/2025 PRINTED 001041 FERGUSON ENTERPRISES 5,012.55 3943 07/07/2025 PRINTED 001380 FIRST STUDENT, INC. 2,912.50 3944 07/07/2025 PRINTED 000346 FISHER SCIENTIFIC 2,347.29 3945 07/07/2025 PRINTED 000377 GRAINGER 494.02
3946 07/07/2025 PRINTED 001127 GWEN WHITE 46.90
3947 07/07/2025 PRINTED 000390 HACH COMPANY 523.43
3948 07/07/2025 PRINTED 000952 HARDY DIAGNOSTICS 236.14 3949 07/07/2025 PRINTED 000397 HINDERLITER, DE LLAMAS & 1,135.53 3950 07/07/2025 PRINTED 000399 HERC RENTALS INC. 2,036.62 3951 07/07/2025 PRINTED 001106 INTERSTATE BATTERY SYSTEM 2,014.65 3952 07/07/2025 PRINTED 001393 IVETTE SINGH 79.07
3953 07/07/2025 PRINTED 001263 JENNIFER KENT 152.98
3954 07/07/2025 PRINTED 001328 JEREMY STAFFORD 500.00
3955 07/07/2025 PRINTED 000442 JMI SOURCING LLC 8,476.32 3956 07/07/2025 PRINTED 000446 JOHN THE SIGN GUY LLC 2,342.50 3957 07/07/2025 PRINTED 000462 KIMBALL MIDWEST 2,262.03 3958 07/07/2025 PRINTED 000474 LAKESHORE LEARNING MATERI 13,349.51 3959 07/07/2025 PRINTED 000487 LEXIPOL LLC 7,692.30
3960 07/07/2025 PRINTED 000999 LUBE SQUAD OF SFO, LLC 87.90 3961 07/07/2025 PRINTED 000523 METROPOLITAN PLANNING GRO 28,105.00 3962 07/07/2025 PRINTED 000515 MAXX METALS 839.18

1.a
Packet Pg. 8
Attachment: Monthly Check Register Report July 2025 (6005 : Disbursements - Dated 7/1/2025 through City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 08/05/2025 11:53
User: 5234lxie
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 3963 07/07/2025 PRINTED 000916 MCCAMPBELL ANALYTICAL, IN 638.00 3964 07/07/2025 PRINTED 000519 MC MASTER-CARR SUPPLY COM 2,634.24 3965 07/07/2025 PRINTED 000522 METRO MOBILE COMMUNICATIO 2,802.62 3966 07/07/2025 PRINTED 001401 MICHELLE TRAYER 109.26
3967 07/07/2025 PRINTED 000525 MOORE IACOFANO GOLTSMAN, 21,301.38 3968 07/07/2025 PRINTED 000587 OFFICE DEPOT 677.26
3969 07/07/2025 PRINTED 999997 Ipermit 211.32
3970 07/07/2025 PRINTED 999998 Anne McDonell 2,000.00
3971 07/07/2025 PRINTED 999998 Fernando Cordova 2,000.00 3972 07/07/2025 PRINTED 999998 Gary Chinca 2,000.00
3973 07/07/2025 PRINTED 999998 John Manson 2,000.00
3974 07/07/2025 PRINTED 999998 Katherine Sacco 2,000.00 3975 07/07/2025 PRINTED 999998 Phil Lindsay 2,000.00
3976 07/07/2025 PRINTED 999998 Sam Brown 2,000.00
3977 07/07/2025 PRINTED 999998 Sandra Kirkpatrick 2,000.00 3978 07/07/2025 PRINTED 999998 Scott McIntosh 2,000.00
3979 07/07/2025 PRINTED 999998 Stephen Armstrong 2,000.00 3980 07/07/2025 PRINTED 999998 Wayne Martinez 2,000.00
3981 07/07/2025 PRINTED 000600 PACIFIC FIRE SAFE 558.90 3982 07/07/2025 PRINTED 000603 PACIFIC MANOR HARDWARE, I 70.24 3983 07/07/2025 PRINTED 000621 TIDES CENTER-PACIFICA RES 208,000.00 3984 07/07/2025 PRINTED 000625 PARK PACIFIC INC. 13,104.22 3985 07/07/2025 PRINTED 000633 PACIFICA COMMUNITY TELEVI 26,606.15 3986 07/07/2025 PRINTED 000638 PENINSULA UNIFORMS & EQUI 1,246.70 3987 07/07/2025 PRINTED 001387 CINDY K HULL 101.00
3988 07/07/2025 PRINTED 000679 QUILL CORPORATION 173.01 3989 07/07/2025 PRINTED 001392 RESOURCE AREA FOR TEACHIN 1,700.00 3990 07/07/2025 PRINTED 000021 COUNTY MANAGER'S OFFICE 38,957.00 3991 07/07/2025 PRINTED 001396 MHC SAN FRANCISCO RV RESO 204,000.00 3992 07/07/2025 PRINTED 000739 SHOE DEPOT INC 211.64
3993 07/07/2025 PRINTED 000019 SAN MATEO COUNTY FORENSIC 3,597.10 3994 07/07/2025 PRINTED 000754 FORENSIC LOGIC, LLC 4,625.00 3995 07/07/2025 PRINTED 000759 ST. FRANCIS ELECTRIC, INC 550.00 3996 07/07/2025 PRINTED 000763 STARVISTA 20,899.62
3997 07/07/2025 PRINTED 000774 SUSTAINABLE SAN MATEO COU 1,000.00 3998 07/07/2025 PRINTED 000791 TERMINIX PROCESSING CENTE 368.00 3999 07/07/2025 PRINTED 000796 NATASIA SCHIBINGER 1,050.00 4000 07/07/2025 PRINTED 000830 ULINE SHIPPING SUPPLY SPE 472.51 4001 07/07/2025 PRINTED 000854 VERITIV OPERATING COMPANY 619.38 4002 07/07/2025 PRINTED 000855 VERIZON WIRELESS 3,566.19 4003 07/07/2025 PRINTED 000855 VERIZON WIRELESS SERVICES 2,560.62 4004 07/07/2025 PRINTED 001212 VIMA MANGIBIN 151.25
4005 07/07/2025 PRINTED 000863 CALTEST ANALYTICAL LAB 805.00 4006 07/09/2025 PRINTED 000782 TEAMSTERS LOCAL #856 2,996.75 4007 07/09/2025 PRINTED 000782 TEAMSTERS LOCAL #856 2,996.75 4008 07/10/2025 PRINTED 000137 BCC BENEFIT COORDINATORS 11,427.03 4009 07/10/2025 PRINTED 000137 BCC BENEFIT COORDINATORS 513.50 4010 07/10/2025 PRINTED 000013 FRANCHISE TAX BOARD 100.00 4011 07/10/2025 PRINTED 000013 FRANCHISE TAX BOARD 200.00 4012 07/10/2025 PRINTED 000013 FRANCHISE TAX BOARD 200.00 4013 07/10/2025 PRINTED 000013 FRANCHISE TAX BOARD 200.00 4014 07/10/2025 PRINTED 000612 PACIFICA FIREFIGHTERS UNI 708.13

1.a
Packet Pg. 9
Attachment: Monthly Check Register Report July 2025 (6005 : Disbursements - Dated 7/1/2025 through City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 08/05/2025 11:53
User: 5234lxie
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 4015 07/10/2025 PRINTED 000612 PACIFICA FIREFIGHTERS UNI 708.13 4016 07/10/2025 PRINTED 000612 SMC FIREFIGHTERS IAFF Loc 1,543.50 4017 07/10/2025 PRINTED 000612 SMC FIREFIGHTERS IAFF Loc 1,543.50 4018 07/10/2025 PRINTED 000612 SMC FIREFIGHTERS IAFF L24 84.00 4019 07/10/2025 PRINTED 000612 SMC FIREFIGHTERS IAFF L24 84.00 4020 07/10/2025 PRINTED 000617 PACIFICA POLICE OFFICERS 210.00 4021 07/10/2025 PRINTED 000617 PACIFICA POLICE OFFICERS 220.00 4022 07/10/2025 PRINTED 000616 PACIFICA POLICE OFFICERS 840.00 4023 07/10/2025 PRINTED 000616 PACIFICA POLICE OFFICERS 880.00 4024 07/10/2025 PRINTED 000620 PACIFICA POLICE SUPERVISO 420.00 4025 07/10/2025 PRINTED 000620 PACIFICA POLICE SUPERVISO 420.00 4026 07/11/2025 PRINTED 000041 A-1 RHINO LININGS 3,000.31 4027 07/11/2025 PRINTED 001139 ALLYSON AYONG 65.80
4028 07/11/2025 PRINTED 000074 AMAZON.COM SALES, INC. 6,679.67 4029 07/11/2025 PRINTED 000075 AMERICAN FIDELITY ADMINIS 304.30 4030 07/11/2025 PRINTED 000096 AT&T LONG DISTANCE 120.88 4031 07/11/2025 PRINTED 000096 AT&T 31.58
4032 07/11/2025 PRINTED 000096 AT&T 141.23
4033 07/11/2025 PRINTED 000108 VWR INTERNATIONAL 289.49 4034 07/11/2025 PRINTED 001402 AVRAM FRANKEL 500.00
4035 07/11/2025 PRINTED 001403 BAY AREA SANITATION 1,695.57 4036 07/11/2025 PRINTED 000124 BAY POWER LLC GENERATOR S 11,364.97 4037 07/11/2025 PRINTED 000128 BAYWORK 803.00
4038 07/11/2025 PRINTED 000147 BLUE RIBBON SUPPLY COMPAN 3,583.68 4039 07/11/2025 PRINTED 000150 BOB GRAF 223.30
4040 07/11/2025 PRINTED 000151 BOLANDER & SONS, L. PH. 61.25 4041 07/11/2025 PRINTED 000906 BRISA RANCH LLC 388.00
4042 07/11/2025 PRINTED 000177 CALIFORNIA SEWER ENGINEER 1,200.00 4043 07/11/2025 PRINTED 000168 CABLECOM, LLC 4,825.00
4044 07/11/2025 PRINTED 000178 NAF SERVICES, INC. 1,085.20 4045 07/11/2025 PRINTED 000187 CAROLLO 18,276.75
4046 07/11/2025 PRINTED 000190 CALIFORNIA DIESEL & POWER 62,954.18 4047 07/11/2025 PRINTED 000201 CHILDCARE CAREERS 675.20 4048 07/11/2025 PRINTED 000203 CINTAS CORPORATION #464 1,318.86 4049 07/11/2025 PRINTED 000203 CINTAS 1,286.29
4050 07/11/2025 PRINTED 001400 CLAUDIO RAMIREZ 100.06
4051 07/11/2025 PRINTED 000217 COAST COUNTIES PETERBILT 463.85 4052 07/11/2025 PRINTED 000231 SCA OF CA, LLC 16,692.00 4053 07/11/2025 PRINTED 000248 CSG CONSULTANTS, INC. 3,320.00 4054 07/11/2025 PRINTED 000253 C.W.E.A. 251.00
4055 07/11/2025 PRINTED 000255 DARRYL PANG 375.00
4056 07/11/2025 PRINTED 000280 DISCOUNT PLUMBING, INC. 57,800.00 4057 07/11/2025 PRINTED 001405 DISCOVER PLUMBING AND ROO 1,200.00 4058 07/11/2025 PRINTED 001391 DOUG HOFKINS 900.00
4059 07/11/2025 PRINTED 000290 AIS TRUST ACCOUNT NEWPORT 644.00 4060 07/11/2025 PRINTED 000291 DRYCO CONSTRUCTION, INC. 407,289.32 4061 07/11/2025 PRINTED 000294 DUKE'S ROOT CONTROL, INC. 28,227.48 4062 07/11/2025 PRINTED 000296 DUNN-EDWARDS CORPORATION 490.03 4063 07/11/2025 PRINTED 000320 ENID ANSGARIUS 134.40
4064 07/11/2025 PRINTED 000321 ENVIRONMENTAL EXPRESS, IN 1,888.53 4065 07/11/2025 PRINTED 001257 ERIC MARTINEZ 1,004.28
4066 07/11/2025 PRINTED 000335 FASTRAK VIOLATION PROCESS 11.25

1.a
Packet Pg. 10
Attachment: Monthly Check Register Report July 2025 (6005 : Disbursements - Dated 7/1/2025 through City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 08/05/2025 11:53
User: 5234lxie
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 4067 07/11/2025 PRINTED 000335 FASTRAK INVOICE PROCESSIN 40.00 4068 07/11/2025 PRINTED 001380 FIRST STUDENT, INC. 7,910.36 4069 07/11/2025 PRINTED 000346 FISHER SCIENTIFIC 822.35 4070 07/11/2025 PRINTED 000350 FLYERS ENERGY, LLC 6,344.96 4071 07/11/2025 PRINTED 001404 FRANCES CALLANAN 299.59
4072 07/11/2025 PRINTED 001078 GOOD CITY COMPANY 13,065.75 4073 07/11/2025 PRINTED 001129 GOVERNMENT FINANCE SERVIC 3,152.50 4074 07/11/2025 PRINTED 000376 GRAFIX SHOPPE 554.00
4075 07/11/2025 PRINTED 000377 GRAINGER 1,042.61
4076 07/11/2025 PRINTED 000380 GRANITE ROCK COMPANY #265 1,474.84 4077 07/11/2025 PRINTED 001273 HAZEN AND SAWYER 28,834.00 4078 07/11/2025 PRINTED 000955 HD SUPPLY FORMERLY HOME D 282.72 4079 07/11/2025 PRINTED 000399 HERC RENTALS INC. 1,405.83 4080 07/11/2025 PRINTED 000405 HI-TECH EMERGENCY VEHICLE 120.64 4081 07/11/2025 PRINTED 000411 HEART OF SAN MATEO COUNTY 3,166.64 4082 07/11/2025 PRINTED 000947 K.F. HOWELL ELECTRIC, INC 900.00 4083 07/11/2025 PRINTED 000427 INTERSTATE TRAFFIC CONTRO 196.88 4084 07/11/2025 PRINTED 000438 JEFFERSON UNION HIGH SCH 190,000.00 4085 07/11/2025 PRINTED 001323 J.J.R. CONSTRUCTION, INC 688,768.32 4086 07/11/2025 PRINTED 000440 JM SQUARED ASSOCIATES, IN 15,944.69 4087 07/11/2025 PRINTED 000443 JOAN ARTHUR 210.00
4088 07/11/2025 PRINTED 000446 JOHN THE SIGN GUY LLC 1,685.00 4089 07/11/2025 PRINTED 001409 KATHRYN MARY BAZURTO 1,807.00 4090 07/11/2025 PRINTED 000460 KENT CLEANERS 691.83
4091 07/11/2025 PRINTED 000462 KIMBALL MIDWEST 94.27
4092 07/11/2025 PRINTED 000469 KOSMONT & ASSOCIATES, INC 819.00 4093 07/11/2025 PRINTED 001410 KYLE LECHLEITNER 250.00
4094 07/11/2025 PRINTED 000491 JOE LAWRENCE 1,110.00
4095 07/11/2025 PRINTED 000492 CAPITAL ONE TRADE CREDIT 1,089.93 4096 07/11/2025 PRINTED 000496 LUHDORFF AND SCALMANINI C 456.00 4097 07/11/2025 PRINTED 000999 LUBE SQUAD OF SFO, LLC 251.61 4098 07/11/2025 PRINTED 001028 MATT LUJAN 2,230.34
4099 07/11/2025 PRINTED 000916 MCCAMPBELL ANALYTICAL, IN 399.00 4100 07/11/2025 PRINTED 000519 MC MASTER-CARR SUPPLY COM 2,430.71 4101 07/11/2025 PRINTED 000525 MOORE IACOFANO GOLTSMAN, 18,390.00 4102 07/11/2025 PRINTED 000529 MILLER & O'BRIEN 370.00
4103 07/11/2025 PRINTED 000536 MUNICIPAL MAINTENANCE EQU 266.37 4104 07/11/2025 PRINTED 000537 MOFFATT & NICHOL 375.00
4105 07/11/2025 PRINTED 000564 NETFILE, INC 4,250.00
4106 07/11/2025 PRINTED 000592 O'REILLY AUTO PARTS 16.62 4107 07/11/2025 PRINTED 000587 OFFICE DEPOT 355.81
4108 07/11/2025 PRINTED 000603 PACIFIC MANOR HARDWARE, I 76.80 4109 07/11/2025 PRINTED 000631 PAVEMENT COATINGS CO. 602,476.23 4110 07/11/2025 PRINTED 001333 PERRY THORWALDSON 5,800.00 4111 07/11/2025 PRINTED 000647 PACIFIC GAS & ELECTRIC CO 33.25 4112 07/11/2025 PRINTED 000972 PLAN JPA 2,269,473.00
4113 07/11/2025 PRINTED 000663 PREFERRED ALLIANCE, INC. 141.00 4114 07/11/2025 PRINTED 000666 PRINT COPY XPRESS 1,921.82 4115 07/11/2025 PRINTED 000679 QUILL CORPORATION 455.50 4116 07/11/2025 PRINTED 000680 R & H WHOLESALE SUPPLY, I 241.38 4117 07/11/2025 PRINTED 000683 RANEY PLANNING AND MANAGE 6,757.91 4118 07/11/2025 PRINTED 001070 REBECCA COLLIER 546.00

1.a
Packet Pg. 11
Attachment: Monthly Check Register Report July 2025 (6005 : Disbursements - Dated 7/1/2025 through City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 08/05/2025 11:53
User: 5234lxie
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 4119 07/11/2025 PRINTED 000697 RMI MECHANICAL CONTRACTOR 2,843.00 4120 07/11/2025 PRINTED 000697 RMI MECHANICAL CONTRACTOR 9,125.00 4121 07/11/2025 PRINTED 000704 ROSS, LAURIE 86.80
4122 07/11/2025 PRINTED 001199 SABRINA KRENN 42.70
4123 07/11/2025 PRINTED 000730 SERRAMONTE FORD INC. 17.13 4124 07/11/2025 PRINTED 000731 SERVICE PRESS, INC. 135.35 4125 07/11/2025 PRINTED 000719 SAN MATEO LAWN MOWER SHOP 575.44 4126 07/11/2025 PRINTED 000759 ST. FRANCIS ELECTRIC, INC 550.00 4127 07/11/2025 PRINTED 000762 STANLEY ERHART 500.00
4128 07/11/2025 PRINTED 001136 SUZANNE CUNANAN 1,683.44 4129 07/11/2025 PRINTED 000805 T-MOBILE CORPORATION 30.12 4130 07/11/2025 PRINTED 000805 T-MOBILE CORPORATION 506.33 4131 07/11/2025 PRINTED 000791 TERMINIX PROCESSING CENTE 673.78 4132 07/11/2025 PRINTED 001021 TOWNSEND PUBLIC AFFAIRS, 5,000.00 4133 07/11/2025 PRINTED 000829 UNIVERSAL BUILDING SERVIC 1,193.00 4134 07/11/2025 PRINTED 000830 ULINE SHIPPING SUPPLY SPE 823.89 4135 07/11/2025 PRINTED 000832 UNDERWOOD, EILEEN 71.40
4136 07/11/2025 PRINTED 000833 UNISYS CORPORATION 866.27 4137 07/11/2025 PRINTED 000837 UNIVAR SOLUTIONS USA INC 1,433.31 4138 07/11/2025 PRINTED 000844 US FOODS, INC 4,218.50
4139 07/11/2025 PRINTED 000863 CALTEST ANALYTICAL LAB 594.00 4140 07/11/2025 PRINTED 000870 WECO INDUSTRIES 1,573.96 4141 07/11/2025 PRINTED 000900 ZEP SALES & SERVICE 1,365.41 4142 07/18/2025 PRINTED 001081 DUDEK 4,874.55
4143 07/18/2025 PRINTED 000038 A & D AUTOMATIC GATE AND 525.00 4144 07/18/2025 PRINTED 000062 ALERT PEST CONTROL COMPAN 297.00 4145 07/18/2025 PRINTED 000062 ALERT PEST CONTROL COMPAN 142.00 4146 07/18/2025 PRINTED 001381 ALLIED RESTORATION CO., I 350.00 4147 07/18/2025 PRINTED 001381 ALLIED RESTORATION CO., I 29,393.07 4148 07/18/2025 PRINTED 000074 AMAZON.COM SALES, INC. 6,239.35 4149 07/18/2025 PRINTED 000094 ASCAP 455.07
4150 07/18/2025 PRINTED 000096 AT&T 155.40
4151 07/18/2025 PRINTED 000096 AT&T 516.06
4152 07/18/2025 PRINTED 000096 AT&T 61.61
4153 07/18/2025 PRINTED 000096 AT&T 34.14
4154 07/18/2025 PRINTED 000096 AT&T 31.58
4155 07/18/2025 PRINTED 000147 BLUE RIBBON SUPPLY COMPAN 728.00 4156 07/18/2025 PRINTED 000166 BURKE WILLIAMS AND SORENS 158,531.49 4157 07/18/2025 PRINTED 000178 NAF SERVICES, INC. 1,310.40 4158 07/18/2025 PRINTED 000201 CHILDCARE CAREERS 704.00 4159 07/18/2025 PRINTED 001160 CHRIS MARTIN 500.00
4160 07/18/2025 PRINTED 000203 CINTAS CORPORATION #464 1,333.64 4161 07/18/2025 PRINTED 000011 CITY OF DALY CITY 11,261.09 4162 07/18/2025 PRINTED 000224 COMCAST 27.92
4163 07/18/2025 PRINTED 000931 CORODATA RECORDS MANAGEME 616.71 4164 07/18/2025 PRINTED 000240 COTTON, SHIRES & ASSOCIAT 700.00 4165 07/18/2025 PRINTED 000248 CSG CONSULTANTS, INC. 446.25 4166 07/18/2025 PRINTED 000253 C.W.E.A. 238.00
4167 07/18/2025 PRINTED 000293 DUBOCE JANITORIAL SERVICE 1,400.00 4168 07/18/2025 PRINTED 001128 ELIZABETH BROOKS 37.64
4169 07/18/2025 PRINTED 001324 ELIZABETH SOLIS 193.78
4170 07/18/2025 PRINTED 000335 FASTRAK VIOLATION PROCESS 13.00

1.a
Packet Pg. 12
Attachment: Monthly Check Register Report July 2025 (6005 : Disbursements - Dated 7/1/2025 through City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 08/05/2025 11:53
User: 5234lxie
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 4171 07/18/2025 PRINTED 000339 FEDEX 38.51
4172 07/18/2025 PRINTED 000346 FISHER SCIENTIFIC 3,447.09 4173 07/18/2025 PRINTED 000371 GOLDEN STATE LUMBER 213.94 4174 07/18/2025 PRINTED 000377 GRAINGER 307.63
4175 07/18/2025 PRINTED 000378 GRANICUS, INC. 28,519.14 4176 07/18/2025 PRINTED 000952 HARDY DIAGNOSTICS 506.78 4177 07/18/2025 PRINTED 000399 HERC RENTALS INC. 398.52 4178 07/18/2025 PRINTED 000406 HOME DEPOT CREDIT SERVICE 1,019.43 4179 07/18/2025 PRINTED 000406 HOME DEPOT CREDIT SERVICE 1,894.38 4180 07/18/2025 PRINTED 001414 IRONMAN DIGITAL, INC. 5,600.00 4181 07/18/2025 PRINTED 001384 IVETTE SINGH 48.11
4182 07/18/2025 PRINTED 001285 JOHN BOYLAN ENGINEERING, 25,789.02 4183 07/18/2025 PRINTED 000457 KBA DOCUSYS 168.81
4184 07/18/2025 PRINTED 000462 KIMBALL MIDWEST 1,128.48 4185 07/18/2025 PRINTED 000468 KONE, INC. 670.01
4186 07/18/2025 PRINTED 000474 LAKESHORE LEARNING MATERI 2,112.55 4187 07/18/2025 PRINTED 000484 LEHR AUTO ELECTRIC, INC. 70.46 4188 07/18/2025 PRINTED 000513 KERMANI CONSULTING GROUP 9,446.25 4189 07/18/2025 PRINTED 001113 MATTHEW POWERS 723.41
4190 07/18/2025 PRINTED 000916 MCCAMPBELL ANALYTICAL, IN 2,154.00 4191 07/18/2025 PRINTED 000519 MC MASTER-CARR SUPPLY COM 77.94 4192 07/18/2025 PRINTED 000522 METRO MOBILE COMMUNICATIO 3,870.89 4193 07/18/2025 PRINTED 000561 NICHOLS CONSULTING ENGINE 1,667.50 4194 07/18/2025 PRINTED 001407 NORTH LIGHT COLOR INC. 424.76 4195 07/18/2025 PRINTED 999998 Bob O'Donnell 2,000.00
4196 07/18/2025 PRINTED 999998 Cynthia Pang 2,000.00
4197 07/18/2025 PRINTED 999998 Peter B. Harrison 2,000.00 4198 07/18/2025 PRINTED 999998 Roberta Hauser 2,000.00
4199 07/18/2025 PRINTED 999998 Stanly Martin 2,000.00
4200 07/18/2025 PRINTED 999998 William Bouzek 2,000.00
4201 07/18/2025 PRINTED 001386 PACIFIC PRODUCTS AND SERV 395.55 4202 07/18/2025 PRINTED 000648 PHENOVA 1,717.58
4203 07/18/2025 PRINTED 000972 PLAN JPA 896.00
4204 07/18/2025 PRINTED 001417 SPECIALTY PUBLICATIONS OF 1,800.00 4205 07/18/2025 PRINTED 000666 PRINT COPY XPRESS 1,921.82 4206 07/18/2025 PRINTED 000672 PUBLIC PARKING ASSOCIATES 800.00 4207 07/18/2025 PRINTED 000679 QUILL CORPORATION 84.71
4208 07/18/2025 PRINTED 000694 RINCON CONSULTANTS INC 19,033.62 4209 07/18/2025 PRINTED 001259 ROBERTSON-BRYAN, INC 375.00 4210 07/18/2025 PRINTED 000728 SEAN'S QUALITY FLOORS 1,650.00 4211 07/18/2025 PRINTED 000729 SEAVIEW TIRE & BRAKE CENT 9,697.30 4212 07/18/2025 PRINTED 000730 SERRAMONTE FORD INC. 410.91 4213 07/18/2025 PRINTED 000743 SIGNAWEST SYSTEMS, INC. 155.00 4214 07/18/2025 PRINTED 000719 SAN MATEO LAWN MOWER SHOP 337.68 4215 07/18/2025 PRINTED 000022 SAN MATEO COUNTY EMERGENC 100.00 4216 07/18/2025 PRINTED 000993 SOUTHWEST STRATEGIES LLC 3,566.25 4217 07/18/2025 PRINTED 000776 SYNAGRO WEST, LLC 10,141.32 4218 07/18/2025 PRINTED 000779 AXON ENTERPRISE INC. 11,914.81 4219 07/18/2025 PRINTED 000791 TERMINIX PROCESSING CENTE 64.00 4220 07/18/2025 PRINTED 000802 THOMSON WEST 445.12
4221 07/18/2025 PRINTED 001408 TOWN OF ATHERTON 130.00
4222 07/18/2025 PRINTED 000829 UNIVERSAL BUILDING SERVIC 30,775.77

1.a
Packet Pg. 13
Attachment: Monthly Check Register Report July 2025 (6005 : Disbursements - Dated 7/1/2025 through City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 08/05/2025 11:53
User: 5234lxie
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 4223 07/18/2025 PRINTED 000830 ULINE SHIPPING SUPPLY SPE 3,299.10 4224 07/18/2025 PRINTED 000854 VERITIV OPERATING COMPANY 105.85 4225 07/18/2025 PRINTED 000855 VERIZON WIRELESS 2,740.89 4226 07/18/2025 PRINTED 000855 VERIZON WIRELESS 161.12
4227 07/18/2025 PRINTED 000855 VERIZON WIRELESS 2,212.95 4228 07/18/2025 PRINTED 000863 CALTEST ANALYTICAL LAB 564.00 4229 07/18/2025 PRINTED 000870 WECO INDUSTRIES 677.70
4230 07/18/2025 PRINTED 000900 ZEP SALES & SERVICE 305.05 4231 07/25/2025 PRINTED 000034 4IMPRINT, INC. 1,564.33
4232 07/25/2025 PRINTED 000056 ADAM-HILL COMPANY, THE 15.33 4233 07/25/2025 PRINTED 000061 HEMRAJ SINGH 35.25
4234 07/25/2025 PRINTED 000074 AMAZON.COM SALES, INC. 3,464.03 4235 07/25/2025 PRINTED 001104 ANVIL BUILDERS 546,091.35 4236 07/25/2025 PRINTED 000096 AT&T 30.03
4237 07/25/2025 PRINTED 000096 AT&T 30.02
4238 07/25/2025 PRINTED 000096 AT&T 151.68
4239 07/25/2025 PRINTED 001347 ATTICUS MUNRO 457.12
4240 07/25/2025 PRINTED 001038 BADAWI & ASSOCIATES 30,063.15 4241 07/25/2025 PRINTED 000114 BARTLE WELLS ASSOCIATES 2,520.00 4242 07/25/2025 PRINTED 000133 BECKMEYER, SUE 803.80
4243 07/25/2025 PRINTED 001411 CALIFORNIA POLICE CHIEFS 170.00 4244 07/25/2025 PRINTED 000007 CCAG - CITY OF SAN CARLOS 128,291.00 4245 07/25/2025 PRINTED 000203 CINTAS CORPORATION #464 2,551.24 4246 07/25/2025 PRINTED 001312 CIVITAS ADVISORS 9,984.00 4247 07/25/2025 PRINTED 000217 COAST COUNTIES PETERBILT 262.26 4248 07/25/2025 PRINTED 000224 COMCAST 303.52
4249 07/25/2025 PRINTED 000224 COMCAST 78.21
4250 07/25/2025 PRINTED 000224 COMCAST 206.82
4251 07/25/2025 PRINTED 000314 EL DORADO FORKLIFT COMPAN 1,474.05 4252 07/25/2025 PRINTED 000335 FASTRAK VIOLATION PROCESS 11.00 4253 07/25/2025 PRINTED 000335 FASTRAK INVOICE PROCESSIN 13.00 4254 07/25/2025 PRINTED 001380 FIRST STUDENT, INC. 10,822.05 4255 07/25/2025 PRINTED 000350 FLYERS ENERGY, LLC 11,453.52 4256 07/25/2025 PRINTED 001272 GOLDEN BAY ELECTRIC 3,200.00 4257 07/25/2025 PRINTED 000373 THE GOODYEAR TIRE & RUBBE 557.92 4258 07/25/2025 PRINTED 000377 GRAINGER 57.39
4259 07/25/2025 PRINTED 001366 SCOGGAN DLS INC. 3,868.75 4260 07/25/2025 PRINTED 000399 HERC RENTALS INC. 398.52 4261 07/25/2025 PRINTED 000405 HI-TECH EMERGENCY VEHICLE 19,238.68 4262 07/25/2025 PRINTED 000411 HEART OF SAN MATEO COUNTY 3,166.64 4263 07/25/2025 PRINTED 000446 JOHN THE SIGN GUY LLC 761.11 4264 07/25/2025 PRINTED 001043 JOSEPH GOMEZ 150.00
4265 07/25/2025 PRINTED 001416 KAREN WILHOYTE 500.00
4266 07/25/2025 PRINTED 001418 KELLI JAYNE PEARSON 1,187.50 4267 07/25/2025 PRINTED 000462 KIMBALL MIDWEST 967.47
4268 07/25/2025 PRINTED 000484 LEHR AUTO ELECTRIC, INC. 278.41 4269 07/25/2025 PRINTED 000497 LARRY WALKER ASSOCIATES 702.50 4270 07/25/2025 PRINTED 001412 MOTHERS AGAINST DRUNK DRI 288.00 4271 07/25/2025 PRINTED 000514 MATCO TOOLS 92.04
4272 07/25/2025 PRINTED 001025 MATT KELLY 518.70
4273 07/25/2025 PRINTED 000916 MCCAMPBELL ANALYTICAL, IN 349.00 4274 07/25/2025 PRINTED 000536 MUNICIPAL MAINTENANCE EQU 1,467.78

1.a
Packet Pg. 14
Attachment: Monthly Check Register Report July 2025 (6005 : Disbursements - Dated 7/1/2025 through City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 08/05/2025 11:53
User: 5234lxie
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 4275 07/25/2025 PRINTED 000015 NORTH COAST COUNTY WATER 464.60 4276 07/25/2025 PRINTED 999997 Freutel Roofing 126.10
4277 07/25/2025 PRINTED 999998 Prafula Patel 2,000.00
4278 07/25/2025 PRINTED 999998 Sam Bandrapalli 100.00
4279 07/25/2025 PRINTED 000594 ORKIN INC. 306.99
4280 07/25/2025 PRINTED 000603 PACIFIC MANOR HARDWARE, I 269.74 4281 07/25/2025 PRINTED 000605 PACIFIC OFFICE AUTOMATION 4,740.59 4282 07/25/2025 PRINTED 000985 PAPE MACHINERY 569.66
4283 07/25/2025 PRINTED 000679 QUILL CORPORATION 1,227.55 4284 07/25/2025 PRINTED 000694 RINCON CONSULTANTS INC 6,694.00 4285 07/25/2025 PRINTED 000021 SAN MATEO COUNTY PLANNING 1,500.00 4286 07/25/2025 PRINTED 000021 SAN MATEO COUNTY CONTROLL 2,016.60 4287 07/25/2025 PRINTED 000021 SAN MATEO COUNTY CONTROLL 2,266.00 4288 07/25/2025 PRINTED 000717 SAN MATEO DAILY JOURNAL 2,977.92 4289 07/25/2025 PRINTED 000717 SAN MATEO DAILY JOURNAL 30.72 4290 07/25/2025 PRINTED 001136 SUZANNE CUNANAN 153.06
4291 07/25/2025 PRINTED 000780 TELECOMMUNICATIONS ENGINE 1,770.50 4292 07/25/2025 PRINTED 000794 SOUTH BAY PUBLIC SAFETY T 337.00 4293 07/25/2025 PRINTED 000824 TURBO DATA SYSTEMS, INC. 773.73 4294 07/25/2025 PRINTED 000824 TURBO DATA SYSTEMS, INC. 669.85 4295 07/25/2025 PRINTED 000828 U.S. BANK EQUIPMENT FINAN 3,163.92 4296 07/25/2025 PRINTED 000828 U.S. BANK EQUIPMENT FINAN 337.32 4297 07/25/2025 PRINTED 000837 UNIVAR SOLUTIONS USA INC 1,194.43 4298 07/25/2025 PRINTED 000855 VERIZON WIRELESS 4,636.48 4299 07/25/2025 PRINTED 000863 CALTEST ANALYTICAL LAB 106.00 4300 07/25/2025 PRINTED 000868 W.E. LYONS CONSTRUCTION C 210,999.85 4301 07/29/2025 PRINTED 000781 TEAMSTERS LOCAL #350 858.00 4302 07/31/2025 PRINTED 000546 MUNICIPAL POOLING AUTHORI 1,430,868.00 4303 07/31/2025 PRINTED 000647 PACIFIC GAS & ELECTRIC CO 240,457.66 393 CHECKS CASH ACCOUNT TOTAL 8,493,324.17 .00

1.a
Packet Pg. 15
Attachment: Monthly Check Register Report July 2025 (6005 : Disbursements - Dated 7/1/2025 through City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 08/05/2025 11:53
User: 5234lxie
Program ID: apchkrcn

UNCLEARED CLEARED
393 CHECKS FINAL TOTAL 8,493,324.17 .00
** END OF REPORT - Generated by Lucy Xie **

1.a
Packet Pg. 16
Attachment: Monthly Check Register Report July 2025 (6005 : Disbursements - Dated 7/1/2025 through

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/11/2025
1 SUBJECT:

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

RECOMMENDED ACTION:

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

STAFF CONTACT:

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

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

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

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

Monitoring of the repaired area is on-going.
2 Packet Pg. 17
Pacifica City Council 2
August 11, 2025
• On December 29, 2020, another failure of the seawall occurred approximately 150-200 feet north of the intersection of Beach Blvd. and Santa Rosa Avenue. A void, approximately 10’ deep by 15’ long, was found behind the seawall and was repaired with geotextiles and concrete slurry on January 5, 2021. Full restoration of this section was complete in February 2021. Monitoring of the repaired area is on-going. • On January 14, 2021, a combination of high tides and large waves damaged a forty-foot section of the Pacifica Municipal Pier’s west facing deck and concrete railing. Following this event, the Pier was closed due to safety concerns. City staff requested a structural engineering assessment of the above deck pier elements and a proposed repair and associated cost from a local engineering consultant. This information was provided to the City at the end of March 2021. The pier was reopened on April 2, 2021, but the damaged portion was fenced off for safety reasons. The City is currently moving forward with a repair project and is designing the repair. Construction will be funded by grant money provided through Senate Bill 129. The City Council approved a resolution on December 13, 2021, to approve the application of the state grant funds for the repair of the pier and the application has been sent to the State Department of Parks and Recreation for processing. On May 13, 2022, the City received a Coastal Development Permit waiver from the California Coastal Commission to perform this work. A bid opening for the repair was held on June 9, 2022, and the City received one bid, which was $2 million above the project budget. Council rejected the bid and authorized the project to be rebid. The rebid for replacing the guardrails in need of immediate repair came in over $1.4 million and all of the guardrails at $4 million. As the project was beyond what had been funded for the project, the City pivoted to do further inspections on the pier before a sizable investment is made in fixing the guardrails, since it was prudent for the City to understand the full needs of the pier. The 2023 Pier Condition Assessment Report has been finalized and is able to be viewed at www.cityofpacifica.org/pier. In summary, the 2023 report notes that the end of the main pier and L-section of the pier is in serious condition and should be fixed within the next two years. The remaining area of the main pier is considered to be in poor condition and should be repaired within four years. This report does not include the new damage sustained during the December 28, 2023, high tide/big wave event. The structural engineers determined there was additional damage to the piles, handrails, and deck.

The structural engineers recommended limiting public access on the pier to approximately half of the main pier deck until a complete assessment is made after the winter storms.
• In November of 2023, a failure behind the seawall was discovered at the intersection of Beach Blvd. and Salada Ave. A void approximately 40’ long and 12’-15’ deep (2’-7’ in width) was found behind the seawall and was repaired with concrete and cement slurry.

The final sidewalk replacement was completed at the end of December 2023. • On Friday, December 29, 2023, another failure behind the seawall was discovered at Beach Blvd. and San Jose Ave. and was temporarily plugged. The final repair was completed on January 3, 2024, with the final sidewalk section and wall completed a week later. The total repair area was approximately 300 sf. This also caused damage to the Milagra storm drain outfall and left substantial sand deposits on the Beach Boulevard Prominade and on the southern Beach Boulevard rock revetment. • In Mach of 2024, City staff received an Emergency Coastal Development Permit (ECDP) from the California Coastal Commission (CCC) for removal of the substantial sand deposits left on Beach Boulevard Promenade and southern rock revetment as well as for the repair of the damage to the Milagra outfall. Repairing the outfall and removal of the 2 Packet Pg. 18
Pacifica City Council 3
August 11, 2025
sand on the Beach Boulevard Promenade was completed in late March/April 2024.

Removal of the sand from the southern Beach Boulevard Rock Revetment is expected to be completed by mid-May 2024, with work starting on May 9, 2024. • In May 2024, a sink hole (approx. 5’ w x 25’ l) was discovered behind the seawall on Beach Blvd. to the north of Santa Maria. The hole was repaired through an emergency contractor.
• In November 2024 a new sink hole (approx. 8’ w x 30’ l) was discovered behind the seawall on Beach Blvd. between Carmel Ave and Santa Maria Ave. The hole was repaired through an emergency contractor by December 16, 2024.

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

Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on January 25, 2016, and since that time staff have brought the continuance of Proclamation confirming the existence of local emergency exists within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard every 30 days with July 14, 2025 being the most recent.

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

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

FISCAL IMPACT:

None.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (PDF)
2 Packet Pg. 19
"ATTACHMENT 1"

2.a
Packet Pg. 20
Attachment: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (5992 : Continuation of "ATTACHMENT 1"

2.a
Packet Pg. 21
Attachment: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (5992 : Continuation of

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/11/2025
1 SUBJECT:

Resolution Authorizing Acceptance of $68,895.20 from the state of California’s Cannabis Tax Fund Grant Program for the education, prevention, and enforcement of impaired driving laws.

RECOMMENDED ACTION:

Adopt a resolution of the City Council of the City of Pacifica authorizing the acceptance of $68,895.20 from the state of California’s Cannabis Tax Fund Grant Program for the education, prevention, and enforcement of impaired driving laws.

STAFF CONTACT:

Travis Meyerhoff, Police Sergeant
(650) 738-7314
[email protected]
BACKGROUND:

With the passage of Proposition 64 in 2016, The Control, Regulate, and Tax Adult Use Marijuana Act (AUMA), California voters mandated the state to set aside funding for the CHP to provide grants to local governments and Qualified Nonprofit Organizations for the education, prevention, and enforcement of impaired driving laws pursuant to Section 34019 (f)(3)(B) Revenue and Taxation Code (RTC).

The Cannabis Tax Fund Grant Program funding statewide for fiscal year 2025/2026 is $13,000,000.00 for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Pacifica Police Department’s effectiveness through training and development of new strategies.

DISCUSSION:

Over the last two years, 359 traffic collisions occurred in Pacifica with 157 of those involving injuries. When the data for all reported collisions was evaluated, almost 20% were caused by impaired driving. Nearly 40% of all the reported collisions resulted in persons being injured, with many of them due to drivers under the influence of alcohol or drugs (DUI/DUI Drug).

In 2023 and 2024, the Pacifica Police Department has made approximately 173 arrests for people driving while impaired. Fifty-nine of these DUI/DUI Drug arrests involved a traffic collision where driving while impaired was the primary collision factor.

Due to low staffing levels and budgetary constraints, the police department does not have the capacity to staff a specialized traffic unit. Any special enforcement operation or public education presentation requires personnel to work overtime which is both costly and challenging to 3 Packet Pg. 22
Pacifica City Council 2
August 11, 2025
sustain. This grant award will enable the police department to fund DUI/DUI Drug saturation patrols, and purchase a TruNarc Narcotics Analyzer to conduct these effective interventions.

The TruNarc Narcotics Analyzer is a handheld device used by law enforcement and forensic professionals for rapid, on-site drug identification.

Staff submitted a grant application requesting a total of $68,895.20 and received an award for the entire amount. The request included personnel costs for special enforcement/saturation patrols, educational presentations, and the cost of a new TruNarc Narcotics Analyzer.

ALTERNATIVE ACTION:

Council may choose not to adopt the resolution. However, not doing so will make the City ineligible to receive Cannabis Tax grant funding for the purposes of impaired driving education and enforcement.

RELATION TO CITY COUNCIL STRATEGIC GOAL 1:
• Enhance organizational and fiscal stability: Adopting the resolution will support the strategic initiative to pursue grant funding.

FISCAL IMPACT:

Adopting the resolution authorizing the acceptance of $68,895.20 from the state of California’s Cannabis Tax Fund Grant Program to be used for the education, prevention, and enforcement of impaired driving laws.
3 Packet Pg. 23
Pacifica City Council 3
August 11, 2025
ORIGINATED BY:

Police
ATTACHMENT LIST:

Attachment A: FY25-26 Cannabis Tax Fund Grant Program Grant Agreement Signed (PDF) Attachment B: Fiscal Doc (PDF)
3 Packet Pg. 24
Pacifica City Council 4
August 11, 2025
RESOLUTION NO. _____

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

FILING OF APPLICATION AND ACCEPTANCE OF CANNABIS TAX FUND GRANT

PROGRAM FUNDS
WHEREAS, the California Highway Patrol has been delegated the responsibility by the Legislature of the State of California for the administration of the Cannabis Tax Fund Grant Program, setting up necessary procedures governing the application; and

WHEREAS, said procedures established by the California Highway Patrol require the Applicant to certify by resolution the approval of the application to the State; and WHEREAS, successful Applicants will enter into an agreement with the California Highway Patrol to complete the Grant Scope.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica approves the filing of an application for the Cannabis Tax Fund and Awarded Amount of $68,895.20; and

1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project if the grant is awarded; and

2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project, and

3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the program regulations; and

4. Delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 11th day of August, 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ 3 Packet Pg. 25
Pacifica City Council 5
August 11, 2025
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 3 Packet Pg. 26
State of California

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
23407 ________________________________________________________________

1. GRANT TITLE
FY25/26 CTFGP Law Enforcement – Pacifica Police Department

2. NAME OF ORGANIZATION/AGENCY
Pacifica Police Department

3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT

4. PROJECT PERFORMANCE PERIOD
From: 07/01/2025 To: 06/30/2026

5. PURCHASE ORDER NUMBER

6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.

7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $68,895.20

8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.

The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.

IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.

9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Maria Sarasua
Title: Chief of Police
Phone: (650) 738-7314
Address: 2075 Coast Highway
Pacifica, CA 94044
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)

10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE

REIMBURSEMENT PAYMENTS
Name: Lucy Xie
Title: Deputy Director of Finance Phone:
(650) 738-7314
Address: 170 Santa Maria Avenue
Pacifica, CA 94044

3.a
Packet Pg. 27
Attachment: Attachment A: FY25-26 Cannabis Tax Fund Grant Program Grant Agreement Signed (5990 : Resolution - Cannabis Grant Fund)

TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION

1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.

2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.

3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.

4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.

5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.

B. PROJECT ADMINISTRATION

1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.

2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.

3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.

4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.

Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.

5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.

3.a
Packet Pg. 28
Attachment: Attachment A: FY25-26 Cannabis Tax Fund Grant Program Grant Agreement Signed (5990 : Resolution - Cannabis Grant Fund)

TERMS AND CONDITIONS
C. PROJECT TERMINATION

1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.

D. FINANCIAL RECORDS

1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.

E. HOLD HARMLESS

1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.

3.a
Packet Pg. 29
Attachment: Attachment A: FY25-26 Cannabis Tax Fund Grant Program Grant Agreement Signed (5990 : Resolution - Cannabis Grant Fund)

TERMS AND CONDITIONS
F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT

1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE

1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.

2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES

1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.

3.a
Packet Pg. 30
Attachment: Attachment A: FY25-26 Cannabis Tax Fund Grant Program Grant Agreement Signed (5990 : Resolution - Cannabis Grant Fund)

TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).

K. GRANT APPLICATION INCORPORATION

1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.

L. STATE LOBBYING

1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.

M. REPRESENTATION AND WARRANTIES

1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.

N. AIR OR WATER POLLUTION VIOLATION

1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

3.a
Packet Pg. 31
Attachment: Attachment A: FY25-26 Cannabis Tax Fund Grant Program Grant Agreement Signed (5990 : Resolution - Cannabis Grant Fund)

TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.

2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.

P. RESOLUTION

1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by all Grantees.

S. CONFLICT OF INTEREST

1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.

2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.

3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.

4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with

3.a
Packet Pg. 32
Attachment: Attachment A: FY25-26 Cannabis Tax Fund Grant Program Grant Agreement Signed (5990 : Resolution - Cannabis Grant Fund)

TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.

5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.

6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.

At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.

Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.

3.a
Packet Pg. 33
Attachment: Attachment A: FY25-26 Cannabis Tax Fund Grant Program Grant Agreement Signed (5990 : Resolution - Cannabis Grant Fund) Schedule A
Pacifica Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.

Project Description
With only 0.79 officers per 1,000 residents, compared to the national average of 1.7 officers per 1,000 residents, the Pacifica Police Department lacks the resources to deploy officers solely for DUI and DUID enforcement during their regular shifts. Without any full-time traffic officers, the department relies heavily on patrol officers to carry out DUI/DUID enforcement operations. However, when officers are assigned to overtime shifts specifically for DUI/DUID enforcement, they tend to be very productive, completing between 20 and 30 enforcement stops, issuing multiple citations, and often making one to three arrests.

While our officers are successful during these special details, it is currently not feasible to conduct DUI/DUID saturation patrols regularly due to the financial strain this would place on the department’s budget.

The Pacifica Police Department is seeking grant funding to increase the frequency of these operations and to support the purchase of one TruNarc Narcotics Analyzer. Over the past several years, we have seen an increase in the number of DUI drug-related arrests, many of which involve violators in possession of medications or unknown controlled substances.

In conclusion, the goal of this proposed project is to equip members of the Pacifica Police Department with the tools they need to effectively enforce DUI/DUID-related incidents and to provide them with the necessary equipment to safely and efficiently identify unknown substances.

Problem Statement & Proposed Solution
The City of Pacifica is a city of approximately 37,000 residents covering approximately 12 square miles along the coast of Northern California in the San Francisco Bay area. State Route 1 is the major highway that traverses the entire length of the city and is a major commuting route for residents of the City of Pacifica as well as other coastal communities to the north and south. State Route 35 also travels through a portion of Pacifica jurisdiction for a distance of 1.7 miles. In addition to commuters traveling through Pacifica, there is a substantial amount of tourist and visitor traffic, particularly during the summer months. Over time, traffic in and through the City of Pacifica has increased as the coastal communities have grown in population. At one time, it was rare to have traffic congestion through the City of Pacifica but this is now a regular occurrence, especially during morning and evening commutes. In recent years, there have been several instances where commute traffic was brought to a near standstill where it took in excess of 40 minutes to travel a distance of four miles on State Route 1. These traffic issues have stemmed from poorly timed road repairs and unfortunate crashes which blocked portions of the roadway. There have also been recent instances of road closures in other coastal communities which left State Route 1 as the only road open to access the coastal areas of our county. This resulted in an exponential increase in traffic and traffic related issues in our community.

Over the last several years, we have been fortunate to maintain a low number of fatal crashes, however, In 2023/2024 the Pacifica Police Department responded to 359 traffic collisions with 59 of those collisions being DUI/DUID related collisions. The Pacifica Police Department has also made approximately 173 arrests for DUI/DUID during that time frame. Many of these DUI arrest were made during Overtime DUI/DUID patrols funded by grants received by OTS and CHP.

The City of Pacifica is considered a "bedroom community". There is very little industry or commercial activity to increase revenue. Due to a variety of financial issues over the years, the Pacifica Police Department has faced consistent budget cuts that have resulted in decreased staffing. Currently, the Pacifica Police Department has 33 authorized sworn officers compared to the 42 authorized positions it had previously. At this staffing level, the Pacifica Police Department has .79 sworn officers per 1000 residents. Over the last few years, the Pacifica Police Department has had several officers out at one time due to work related injuries and

3.a
Packet Pg. 34
Attachment: Attachment A: FY25-26 Cannabis Tax Fund Grant Program Grant Agreement Signed (5990 : Resolution - Cannabis Grant Fund) Schedule A
illnesses making our actual available staffing less than what is shown on paper. According to a 2017 report by the Federal Bureau of Investigation (FBI), the national average for similarly sized police departments in the United States was 1.7 officers per 1000 residents. This equates to Pacifica having less the half the national average of officers than similarly sized cities. As a result, the only way the department can have dedicated DUI Patrols is on an overtime basis.

The funding requested will allow the Pacifica Police Department to fund saturation patrols and continue to proactively enforce the issue of impaired driving. The requested funding will also allow for the purchase A TruNarc Narcotics Analyzer. We will utilize the TruNarc Narcotics Analyzer to ensure the safety of officers and community members during DUI/DUID saturation patrols. The TruNarc Narcotics Analyzer will allow trained officers to safely examine and presumptively test unknown substances and narcotics. It is not uncommon for subjects placed under arrest for DUI Drugs to be in possession of unknown medications and controlled substances. Testing these substances is extremely important so the substances can be properly handled and packaged. In between DUI/DUID saturation patrol the TruNarc Narcotics Analyzer will be used in day-to-day operations in testing controlled substances. This will also be a major cost saving tool for the Pacifica Police Department as many of these substances will no longer be required to be sent to our county’s crime lab for identification.

Performance Measures/Scope of Work
12 DUI Saturation Patrols (Q1 = 3, Q2 = 3, Q3 = 3, Q4 = 3): Conduct 1 saturation patrol per month aimed to reduce Pacifica PD's DUI Injury Collision rate by 20%, which will improve traffic safety for the commuting public.
(1) TruNarc Narcotics Analyzer (Q1=Purchase, Q2=Receive, Q2-Q4=Use to complete DUI saturation patrols and day-to-day operations): We will utilize the TruNarc Narcotics analyzer to ensure the safety of officers and the community during DUI saturation patrols, as well as day-to-day operations. The TruNarc Narcotics Analyzer allows officers to safely examine and presumptively test for narcotics. In between DUI saturation patrols, the narcotics analyzer will be used by officers in day-to-day operations.

Project Performance Evaluation
In order to prove the effectiveness of this enforcement program, the department will maintain records/statistics for all enforcement details throughout the grant performance period. This data will be compared to the previous two years ‘worth of data for the same time period (i.e. July 2023 to July 2024, July 2024 to July 2025). Data from the year with grant funding can then be compared to previous years without grant funding which will show how impactful the enforcement efforts have been. The departments current Record Management System allows for this data to be easily captured and shown through tables, charts, or graphs. Likewise, the department has implemented a new community facing web portal that will allow the community to access these types of records and search them, making the data readily available 24 hours a day.

Program Sustainability
Studies have shown that when enforcement efforts are increased during a specified time period, there is a correlating decrease in the issues being targeted. Several studies have shown that when enforcement efforts are increased or decreased by a measurable amount, 10 or 20% for example, the number of collisions during that time period and immediately following either increased or decreased nearly the exact same amount. This shows that an increase in efforts has a positive effect in reducing collisions whereas a decrease in enforcement efforts results in an increase in collisions. This effect carries over to various aspects of law enforcement, but specifically with DUI’s. The department would make full use of this grant funding to substantially increase our DUI Enforcement Efforts while simultaneously promoting the efforts and associated results on multiple social media platforms, through press releases, and through the use of our existing electronic sign boards. Once a measurable impact has been established, the department could slowly decrease the frequency with which we conduct Saturation patrols to the point where the details are being conducted during dates/times that are driven purely by measurable, statistical data. By that point, a targeted, measured response would allow us to continue having a high impact with less resources.

3.a
Packet Pg. 35
Attachment: Attachment A: FY25-26 Cannabis Tax Fund Grant Program Grant Agreement Signed (5990 : Resolution - Cannabis Grant Fund) Schedule A
Administrative Support
Sergeant Travis Meyerhoff will be managing the grant. He has 13 years of law enforcement experience and is currently assigned as the Traffic Sergeant for the Pacifica Police Department. Sergeant Meyerhoff has served as a grant manager for the Under 21 Coast Task Force since 2020, a multi-agency collaborative effort aimed at addressing alcohol crimes and underage drinking. Additionally, he has been a member of the Pacifica Police Department's collision investigation team (CRASH) for 11 years. Sergeant Meyerhoff has experience actively managing officers assigned to grant-funded details and operations, ensuring that only the most proactive and productive officers in traffic and DUI/DUID enforcement are selected for grant-funded enforcement activities.

Our fiscal staff for the City of Pacifica will oversee the financial aspects of this grant, as well as any other grants the city may receive. Through their oversight and experience, they ensure compliance with all state and federal regulations.

3.a
Packet Pg. 36
Attachment: Attachment A: FY25-26 Cannabis Tax Fund Grant Program Grant Agreement Signed (5990 : Resolution - Cannabis Grant Fund) Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
23407 Pacifica Police Department $68,895.20
Cost Category Line Item Name Total Cost to Grant
Personnel
DUI Saturation Patrols $22,128.00
Category Sub-Total $22,128.00
Equipment
TruNarc Narcotic Analyzer $46,767.20
Category Sub-Total $46,767.20
Grant Total $68,895.20

3.a
Packet Pg. 37
Attachment: Attachment A: FY25-26 Cannabis Tax Fund Grant Program Grant Agreement Signed (5990 : Resolution - Cannabis Grant Fund) Schedule B-1
Budget Narrative
Pacifica Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Personnel
DUI Saturation Patrols
$22,128.00
12 DUI/DUID Saturation Patrols
8-hour details staffed by 2 officers each at an overtime rate of $115.25 an hour.

Overtime rate calculated at a Corporals average overtime rate. $115.25 X 8 hours X 2 Officers =$1,844 X 12 details =$22,128

Equipment
TruNarc Narcotic Analyzer
$46,767.20
1-TruNarc Narcotics Analyzer. Unit Cost: $41,800.00
1-TruNarc Solution Kit: Unit Cost $764.00
Estimated Tax $4,203.20
Total Cost $46,767.20

3.a
Packet Pg. 38
Attachment: Attachment A: FY25-26 Cannabis Tax Fund Grant Program Grant Agreement Signed (5990 : Resolution - Cannabis Grant Fund)

3.b
Packet Pg. 39
Attachment: Attachment B: Fiscal Doc (5990 : Resolution - Cannabis Grant Fund)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/11/2025
1 SUBJECT:

Approval of Agreement with Metro Mobile Communications for the purchase of (70) police handheld portable radios in the amount of $157,319 and to Authorize the City Manager or Designee to Execute all Documents Associated with this Project.

RECOMMENDED ACTION:

Move to adopt a resolution approving the Agreement with Metro Mobile Communications for the purchase of (70) police handheld portable radios in the amount of $157,319; and authorize the City Manager or designee to execute all documents associated with the project.

STAFF CONTACT:

Bill Glasgo, Police Captain
[email protected]
(650) 738-7314
BACKGROUND:

On June 23, 2025, the City Council approved the fiscal year 2025-26 operating budget (resolution no. 47-2025). Included in the budget recommendation, the purchase of 70 portable police radios, which are reaching the end of their serviceable life. Reliable communication is vital for officer safety, coordination, and effective response to emergencies. The current portable radios are approximately 11 years old and have exceeded the recommended replacement lifespan. Furthermore, our staff is experiencing operational inefficiencies due to declining performance.

Replacing aging portable radios is a necessary and proactive step to ensure the department continues to operate efficiently and safely. Timely approval of this request will prevent further service degradation and support critical public safety communications. Once replaced, these new radios will likely remain in operation for up to next 10 years.

DISCUSSION:

Replacing our antiquated portable radios is aligned with the Police Department’s strategic plan to upgrade public safety technology to increase operational efficiency and effectiveness.

Factors driving this request:
- End-of-Life Equipment: The current radios are reaching their expected operational lifespan. As a result, they are increasingly prone to hardware malfunctions and software limitations, making them unreliable in high-demand scenarios. - Battery Degradation: Battery performance has deteriorated across the fleet, with many units unable to hold a charge for a full shift. This not only disrupts operations but also endangers officers during critical response periods.
- Dead Zones and Coverage Gaps: Communication failures in known “dead spots” have 4 Packet Pg. 40
Pacifica City Council 2
August 11, 2025
become more frequent. Older radios lack the advanced signal boosting and digital capabilities of newer models, reducing effectiveness in buildings, rural areas, and during mutual aid operations.
- Increased Maintenance Costs: The department has experienced rising costs related to maintenance, replacement parts, and temporary equipment loans. Continued use of outdated technology diverts funds from other critical needs. - Operational and Officer Safety Concerns: Inconsistent communication places officers at increased risk during tactical or emergency responses. Dependable radio service is essential for situational awareness and command coordination.

Impact of Change
1) Strengthen communication reliability
2) Improve officer safety and morale
3) Reduce equipment downtime and emergency maintenance
4) Better public service outcomes during emergencies
This purchase is exempt from the competitive bidding requirement under 7.1 of the City of Pacifica’s purchasing policy under the Protection of Public Welfare exemption, as the radios are necessary and Metro Mobile is able to supply them in a timely manner to ensure delivery and operational readiness by December 2025.

In addition, Metro Mobile participates in cooperative purchasing networks through competitively solicited contracts under the National Association of State Procurement Officials (NASPO), and currently provides similar services and pricing to other public agencies, including the City of South San Francisco, which also supports the justification for a direct purchase.

Given the significant benefits that can come with an enhancement in our police radio communications, the City Manager and the Chief of Police are recommending approval of the agreement with Metro Mobile Communications (Attachment A).

ALTERNATIVE ACTION:

This vital public safety communications enhancement is critical, and there is no reasonable alternative to this action at this time. This purchase has already been delayed, as the current radios have exceeded the recommended replacement lifespan.

RELATION TO CITY COUNCIL STRATEGIC PLAN:

Relates to City Council Strategic Goal #2 - Improve and steward City infrastructure, streets, and facilities.

ENVIRONMENTAL REVIEW:

The approval of the agreement 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.
4 Packet Pg. 41
Pacifica City Council 3
August 11, 2025
FISCAL IMPACT:

There is no additional fiscal impact as this project is already budgeted across multiple funding sources. The total one-time cost to replace the Police Department’s portable radios is $157,319, with funding allocated as follows:

Total cost for project $157,319
$57,319 covered by COPS Grant (Citizens Options for Public Safety) $ 25,000 covered by Risk Management General Liability Fund $75,000 remaining balance covered by the General Fund
ORIGINATED BY:

Police
ATTACHMENT LIST:

Attachment A: Metro Mobile Communications Agreement + proposal (PDF) Attachment B: Specifications on the portable radios (PDF) 4 Packet Pg. 42
Pacifica City Council 4
August 11, 2025
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING AN AGREEMENT WITH METRO MOBILE COMMUNICATIONS FOR THE PURCHASE OF (70) POLICE PORTALBE RADIOS IN THE AMOUNT OF $157,319; AND AUTHORIZE THE CITY

MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE

PROJECT
WHEREAS, the City of Pacifica recognizes the critical importance of maintaining and enhancing the safety and security of the Pacifica Police Department’s communication capabilities and operations; and
WHEREAS, the current portable radios are in need of replacement to ensure continued reliable and secure operation in accordance with modern standard; and WHEREAS, the Police Department has identified a comprehensive solution that addresses these communication needs through the purchase and upgrade of the aforementioned systems; and
WHEREAS, the total cost for the procurement is $157,319, as proposed in the attached documentation; and
WHEREAS, the City Council approved the FY 2025-2026 operating budget to include sufficient funding in the Police Department budget to fund the costs of this purchase.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that an agreement with Metro Mobile Communications for the purchase of (70) hand-held police portable radios for the Pacifica Police Department attached hereto, is hereby approved.

BE IT FURTHER RESOLVED, that the City Manager or his designee is authorized to execute the agreement and all documents necessary to effectuate the intent of this resolution, with minor non-substantive edits that may be approved by the City Attorney and City Manager. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 11th day of August, 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
4 Packet Pg. 43
Pacifica City Council 5
August 11, 2025
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 4 Packet Pg. 44

4.a
Packet Pg. 45
Attachment: Attachment A: Metro Mobile Communications Agreement + proposal (6004 : Portable Radio)

4.a
Packet Pg. 46
Attachment: Attachment A: Metro Mobile Communications Agreement + proposal (6004 : Portable Radio)

4.a
Packet Pg. 47
Attachment: Attachment A: Metro Mobile Communications Agreement + proposal (6004 : Portable Radio)

4.a
Packet Pg. 48
Attachment: Attachment A: Metro Mobile Communications Agreement + proposal (6004 : Portable Radio)

4.a
Packet Pg. 49
Attachment: Attachment A: Metro Mobile Communications Agreement + proposal (6004 : Portable Radio)

4.a
Packet Pg. 50
Attachment: Attachment A: Metro Mobile Communications Agreement + proposal (6004 : Portable Radio)

4.a
Packet Pg. 51
Attachment: Attachment A: Metro Mobile Communications Agreement + proposal (6004 : Portable Radio) Quote Date: 7/9/2025
Sales Order # 48929
Bill To:

CITY OF PACIFICA, POLICE DEPT

FINANCE DEPT
2075 COAST HWY
PACIFICA, CA 94044
Ship To:

Ryan Bianculli
Sergeant
Pacifica Police Department
2075 Coast Hwy, Pacifica, CA 94044
650-738-7314
PO # Rep: SINGR Terms: Net 30
Sched Ship Date: 3-5 weeks
Authorized Purchaser Signature
Total
Subtotal
Sales Tax (9.875%)
650-367-1992
This quote valid for 30 days.
_______________
Date
_________________________
Date
_______________
MMC Rep Signature
______________________________
[email protected]
1140 Old County Road, Suite A
Belmont, CA 94002-3919
Qty Item Id Description Unit Price Extended Price
70 EQUIPMENT Kenwood NX-5300K2 Handheld Radio 1,005.00 70,350.00T 70 OTHER KWD-5100CV P25 Conventional Software Entitlement 621.00 43,470.00T 20 OTHER KRA-23M Stubby Antenna 21.00 420.00T
50 OTHER KRA-27M Whip Antenna 20.00 1,000.00T
70 OTHER KNB-L2M Li-Ion Battery 170.00 11,900.00T
70 OTHER KSC-52BK Single-Unit Charger 97.00 6,790.00T
OTHER KMC-70M Remote Speaker Microphone--3 assignable
buttons
70 159.00 11,130.00T
70 OTHER KWD-AE31K AES Multikey Encryption Module 671.00 46,970.00T 1 NASPO NASPO #02702 30% Discount (Kenwood Products Only) -57,624.00 -57,624.00T SERVICE Labor: Install Software Entitlement and Encryption Board, Configure Radio, Includes 1 reprogramming of radio within 12 months of purchase if desired
70 129.00 9,030.00
SERVICE Labor: Subcontract Engraving of 70 NX5300--$50 set up + $8 per unit
1 610.00 610.00
1 0.00 SHIPPING Shipping---included to Belmont CA
PAYMENT TER... PAYMENT TERMS: Net 30 days from invoice date, payable with check only.
1 0.00 0.00
$157,318.59
$144,046.00
$13,272.59

4.a
Packet Pg. 52
Attachment: Attachment A: Metro Mobile Communications Agreement + proposal (6004 : Portable Radio) Features
One Radio with Multi-Protocol Support
The NX-5000 Series offers unsurpassed interoperability for a wide variety of users as it supports three digital CAIs — NXDN, DMR (Tier 2 & 3) and P25 (Phase 1 & 2) — plus FM analog in a single radio. Best of all, a desired CAI can be selected at will, giving you the freedom to migrate at your own pace — whether you are intent on going fully digital, undecided about which digital system to pick, or just wanting to maintain both digital and analog for a while. A NX-5000 radio can simultaneously support two digital protocols plus analog, offering the following combinations: FM/DMR/NXDN, FM/ NXDN/P25, and FM/DMR/P25.

VHF/UHF/700-800MHz MULTI-PROTOCOL DIGITAL
& ANALOG PORTABLE RADIOS
NX-5200/5300/5400
Two-slot TDMA in 12.5 kHz channels
DMR Tier 2 Conventional
DMR Tier 3 Trunking
DMR Over-the-Air Programming
Digital – DMR Mode
Call Interruption
Dual-slot Direct Mode
Energy Efficient
Optional ARC4 encryption
System consists of the optional high-capacity
Battery Series (KNB-L1/L2/L3/N4/LS5),
Rapid Charger (KSC-Y32), and Battery
Reader (KAS-12) software
Up to 60 Rapid Chargers can be
chain-connected to a PC installed with
the KAS-12
Intelligent Battery System (option)
KAS-12 Battery Reader software can display
and manage information including battery
type, model name, voltage, temperature,
discharge cycle, expected life, and
remaining capacity
Up to 5,000 batteries can be managed at
a time (requires an additional option)
Multi-Digital operation in NXDN, DMR (Tier 2 & 3), and P25 (Phase 1 & 2) Any combination of two digital protocols may be selected from NXDN, DMR, and P25 Mixed Digital & FM Analog Operation allows intelligent migration in mixed sites and easy migration with digital radios in other sites
Large, Color 1.74” (240 x 180 pixels) Transflective TFT Display for better interface even in direct sunlight and with use of polarized sunglasses Easy to follow GUI for at-a-glance operational status and Multi-line Text to convey information
4-way Directional-pad (D-pad) and 2-Position Lever Switch for intuitive control Built-In GPS Receiver/Antenna for effective fleet and incident management Bluetooth® Module Built-in for hands-free and IoT applications operation Renowned KENWOOD Audio Quality achieved with Active Noise Reduction (ANR) that utilizes built-in DSP with two microphones for suppression of ambient noise Built-in 56-bit DES Encryption
Optional 256-bit AES Encryption
Built-in Motion Sensor for man down detection
microSD/microSDHC Up to 2GB/32GB Memory Card Slot for increased memory capacity for “Voice & Data”
IP67/68 and MIL-STD-810 C/D/E/F/G
6 W (136-174 MHz ) Models
5 W (380-470, 450-520 MHz) Models
3 W (700/800 MHz) Models
Full Key Models (w/numeric keypad) and Standard Key Models (w/o numeric keypad) Maximum of 1024 CH, 128 Zones (4000 Ch. Opt)
1 W Speaker Audio
Full-Keypad & Standard Models
NXDN Conventional
NXDN Type-C & Gen2 Trunking

6.25 & 12.5 kHz Channels
Paging Call
Emergency Call
All Group Call
Status Messaging
Remote Stun/Kill
Remote Check
Over-the-Air Alias (OAA)
Over-the-Air Programming (OTAP)
Short & Long Data Messages
NXDN Digital Scrambler
Digital – NXDN® Mode
P25 Phase 1 Conventional/Trunked Operation
P25 Phase 2 Trunked Operation
Talk Group ID Lists
Individual ID Lists
Caller ID Display
Digital – P25 Mode
Remote Monitor/Remote Check
Radio Inhibit
Encryption Key Zeroize & Retention
P25 Over-the-Air Re-keying
P25 Over-the-Air Programming
Conventional & LTR Zones
NPSPAC (USA only) Channels
(±4.0 Modulation)
FleetSync®/II: PTT ID ANI / Caller ID
Display, Selective Group Call, Emergency
Status / Text Messages
FM Modes – General
MDC-1200: PTT ID ANI / Caller ID Display,
Emergency, Radio Check / Inhibit
QT / DQT & Two-Tone
Built-in Voice Inversion Scrambler

4.b
Packet Pg. 53
Attachment: Attachment B: Specifications on the portable radios (6004 : Portable Radio) Accessories All accessories may not be available in all markets.

Contact an authorized Kenwood dealer for details and complete list of all accessories.

Communications Systems Business Unit
comms.kenwood.com
KENWOOD Communications JVCKENWOOD USA Corporation Global Website Communications Sector Headquarters
1440 Corporate Drive | Irving, TX 75038
Order Administration/Distribution
P.O. BOX 22745, 2201 East Dominguez St., Long Beach, CA 90801-5745 www.kenwood.com/usa
JVCKENWOOD Canada Inc.

Canadian Headquarters and Distribution
6070 Kestrel Road, Mississauga, Ontario, Canada L5T 1S8 www.kenwood.com/ca
ADS#21919 Print in U.S.A.

MIL-STD & IP
MIL Standard
Low Pressure
High Temperature
Low Temperature
Temperature Shock
Solar Radiation
Rain
Humidity
Salt Fog
Dust
Vibration
Shock
Immersion
500.1/Procedure I
501.1/Procedure I, II
502.1/Procedure I
503.1/Procedure I
505.1/Procedure I
506.1/Procedure I, II
507.1/Procedure I, II
509.1/Procedure I
510.1/Procedure I
514.2/Procedure VIII, X
516.2/Procedure I, II, V
International Protection Standard
Dust & Water Protection
Immersion
IP54/55
IP67/68*
*Conditions: Portable radio immersed for 2 hours at a depth of 1 meter (IP68=1m/2H) 500.2/Procedure I, II
501.2/Procedure I, II
502.2/Procedure I, II
503.2/Procedure I
505.2/Procedure I
506.2/Procedure I, II
507.2/Procedure II, III
509.2/Procedure I
510.2/Procedure I
514.3/Procedure I
516.3/Procedure I, IV
500.3/Procedure I, II
501.3/Procedure I, II
502.3/Procedure I, II
503.3/Procedure I
505.3/Procedure I
506.3/Procedure I, II
507.3/Procedure II, III
509.3/Procedure I
510.3/Procedure I
514.4/Procedure I
516.4/Procedure I, IV
500.4/Procedure I, II
501.4/Procedure I, II
502.4/Procedure I, II
503.4/Procedure I, II
505.4/Procedure I
506.4/Procedure I, III
507.4
509.4
510.4/Procedure I, III
514.5/Procedure I
516.5/Procedure I, IV
512.4/Procedure I
500.5/Procedure I, II
501.5/Procedure I, II
502.5/Procedure I, II
503.5/Procedure I
505.5/Procedure I
506.5/Procedure I, III
507.5/Prcedure II
509.5
510.5/Procedure I
514.6/Procedure I
516.6/Procedure I, IV
512.5/Procedure I
MIL 810C
Methods/Procedures
MIL 810D
Methods/Procedures
MIL 810E
Methods/Procedures
MIL 810F
Methods/Procedures
MIL 810G
Methods/Procedures
*25/30 kHz in VHF/UHF Bands (except T-Band) are not included in the models sold in the USA or US territories.

Analog measurements made per TIA603. Specifications are measured according to applicable standards.

P25 Digital measurements made per TIA 102CAAA and specifications shown are typical.

Specifications are subject to change without notice, due to advancements in technology.

The Bluetooth word mark and logos are registered trademarks owned by the Bluetooth SIG, Inc.

SD and microSD are trademarks of SD-3C, LLC in the United States, and/or other countries.

AMBE+2™ is a trademark of Digital Voice Systems Inc.

Windows® is a registered trademark of Microsoft Corporation.

NXDN® is a registered trademark of JVCKENWOOD Corporation and Icom Inc.

NEXEDGE® & FleetSync® are a registered trademarks of JVCKENWOOD Corporation.

All other trademarks are the property of their respective holders.

Specifications
NX-5200 NX-5300 NX-5400 NX-5200 NX5300 NX-5400
Frequency Range

0.20 μV

0.25 μV

0.25 µV

0.40 µV

0.25 µV

0.40 µV

0.25 µV
Frequency Stability
Intermodulation
Spurious Rejection
RF Power Output
Audio Distortion
Audio Output Power
Spurious Emission
Audio Distortion
Emission Designator
Max. Channels Per Radio
Max. Channels per Zone
Power Supply
Operating Temperature
Channel Spacing
Analog
Digital Selectivity
Analog @ 12.5kHz
Analog @ 25kHz
FM Hum & Noise
Analog @ 12.5kHz
Analog @ 25kHz
FCC ID
Type 1
Type 2
IC Certification
Type 1
Type 2
Battery Life (5-5-90/10-10-80 duty cycle)
KNB-L1 (2,000 mAh)
KNB-L2 (2,600 mAh)
KNB-L3 (3,400 mAh)
KNB-N4 (2,500 mAh)
KBP-8 (w/AA x12)

Sensitivity
NXDN® 6.25 kHz Digital (3% BER)
NXDN®12.5 kHz Digital (3% BER)
DMR Digital (5% BER)
DMR Digital (1% BER)
P25 Digital (5% BER)
P25 Digital (1% BER)
Analog (12dB SINAD)
Dimensions/Weight Radio w/battery
KNB-L1 (2,000 mAh)
KNB-L2 (2,600 mAh)
KNB-L3 (3,400 mAh)
KNB-N4 (2,500 mAh)
KBP-8
Number of Zones
136-174 MHz
16K0F3E, 14K0F3E, 11K0F3E,
8K10F1E, 8K10F1D, 8K10F1W,
8K30F1E, 8K30F1D, 8K30F7W,
7K60FXE, 7K60FXD,4K00F1E,
4K00F1D, 4K00F7W, 4K00F2D

12.5/15/20/25*/30* kHz

6.25 kHz/12.5 kHz 67 dB
40 dB
45 dB
K44431400
282F-431400
1024 (Up to 4000 CH with option)
512

7.5V DC ± 20%
-22ºF to +140ºF (-30ºC to +60ºC)
(W x H x D) Projections Not Included

2.28 x 5.47 x 1.44 in. (58.0 x 138.9 x 36.5 mm) 13.5 oz (382 g)

2.28 x 5.47 x 1.56 in. (58.0 x 138.9 x 39.5 mm) 14.3 oz (406 g)

2.28 x 5.47 x 1.77 in. (58.0 x 138.9 x 44.9 mm) 15.8 oz (449 g)

2.28 x 6.55 x 1.78 in. (58.0 x 166.4 x 45.2 mm) 20.4 oz (579 g)

2.64 x 8.59 x 2.12 in. (67.0 x 218.3 x 53.9 mm) 5.1 oz (712 g) 128
Type 1: 450-520 MHz
Type 2: 380-470 MHz
± 0.5 ppm

12.5/25* kHz

6.25 kHz/12.5 kHz
3%
500 mW/8Ω (3% Distortion) / 1,000 mW/8Ω (5% Distortion) Less than 2% K44431500
K44431501
282F-431501
RX: 763-776, 851-870 MHz
TX: 763-776, 793-806,
806-825, 851-870 MHz

12.5/25 kHz

12.5 kHz (6.25 kHz) 64 dB
ALH442000
282D-442000
-70 dB
General Receiver
Transmitter NX-5200 NX-5300 NX-5400
10 hours / 6.5 hours

12.5 hours / 8.5 hours
17 hours / 11 hours
12 hours / 8.5 hours
High Power 11 hours / 8 hours / Low Power 26 hours / 18.5 hours KWD-AE30/AE31
Secure Cryptographic Module
KMC-70M
Speaker Microphone
(with dual-sided
2-mic for superior
ANR, IP67)
NB-L1/L2/L3
Li-ion Battery Pack
(IP67/68 Immersion)
KNB-N4
Ni-MH Battery Pack
(IP67/68 Immersion)
KNB-LS5CU
Li-ion Battery (2,000mAh)
KBH-11
Belt Clip (2.5”)
KNB-LS7M
Li-ion Battery (3,800mAh)
CSA US Intrinsically Safe
KPG-180AP
OTAP Manager
KMC-72W
Speaker Microphone
(IP67)
KBP-8
Alkaline Battery Case
KSC-Y32
Rapid Charger
KSC-32
Rapid Charger
KAS-12/PRO
Battery Reader
(PC Software)
KRA-22
VHF Helical Antenna
(Low Profile)
KRA-23
UHF Helical Antenna
(Low Profile)
KRA-26
VHF Helical Antenna
(Standard Length)
KSC-326AK
Rapid Charger
(6-unit Rapid Rate)
KRA-27
UHF Whip Antenna
(Standard Length)
KRA-42
UHF Stubby
Antenna
KRA-32
700/800MHz
Whip Antenna
KRA-41
UHF Stubby
Antenna
73 dB
73 dB 75 dB
80 dB 75 dB
6 W to 1 W 5 W to 1 W 3 W to 1 W
16K0F3E, 11K0F3E, 8K10F1E, 8K10F1D,
8K10F1W, 8K30F1E, 8K30F1D, 8K30F7W,
7K60FXE, 7K60FXD, 4K00F1E, 4K00F1D,
4K00F7W, 4K00F2D

4.b
Packet Pg. 54
Attachment: Attachment B: Specifications on the portable radios (6004 : Portable Radio)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/11/2025
1 SUBJECT:

Resolution to Approve Calera Creek Water Recycling Plant Admin Building Elevator Modernization Project P0039
RECOMMENDED ACTION:

Adopt a Resolution:

A. Approving the Construction Contract with KONE, Inc. in an amount of $205,232.

B. Authorizing a budget authority in the amount of $219,000, which includes contingencies in an amount of $13,768, not to exceed six percent (7%) of the Construction Contract amount;
C. Authorizing staff to Execute Future Change Orders not to exceed the contingency amount; and
D. Authorizing the City Manager and Designated Personnel to Sign Contract Documents related to the CCWRP Admin Building Elevator Modernization Project P0039.

STAFF CONTACT:

Naomi Fuson, Assistant Engineer - Wastewater Division
(650) 291-9167
[email protected]
Matt Kelly, Project Manager - Wastewater Division
(650) 922-7248
[email protected]
Louis Sun, P.E., Deputy Director of Public Works
(650) 738-4660
[email protected]
Melissa Tigbao, P.E., Director of Public Works
(650) 738-3767
[email protected]
BACKGROUND/DISCUSSION:

On June 22, 2023, during the FY 2023-24 Capital Improvements Program (CIP) budget approval process, the Council approved funding for the CCWRP Admin Building Elevator Assessment Project. This Project was created to assess the current condition of the building elevator and determine the best improvements for modernization. The Project has been renamed to CCWRP Admin Building Elevator Modernization Project.

The Calera Creek Water Recycling Plant hydraulic elevator was built in 2001 and has experienced various maintenance issues over the years. The City contacted well-recognized, large elevator companies that service the Bay Area region including KONE Inc., Otis Elevator Company, TKE Elevator Co., and EnPro Elevator Inc. to assess and recommend the best improvements for modernization.
5 Packet Pg. 55
Pacifica City Council 2
August 11, 2025
Each company visited the site separately and gave their professional assessment of the features of the elevator system that would require an update and replacement. All four companies agreed the elevator is past its lifespan of approximately 20 years. Electrical and Fire Life Safety upgrades were identified in all of the assessments. The City conducted site visits with Muscio Electric and RCM Fire Protection Inc. LLC (who currently services the fire alarms in the Admin building) to receive a full scope of work that would be required to get the elevator up to state and City code.

Each of the four companies submitted a quote which are summarized in the table below:

Company Total Bid
EnPro Elevator, Inc. $189,000
Otis Elevator Company $202,452.75
KONE, Inc. $205,232
TKE Elevator Co. $233,372.75
KONE’s Proposal pricing is in the middle of all the proposals; however, the selection process is not based on the lowest fee alone. KONE’s company team has experience in hydraulic elevator modernizations and has systems specifically designed to address aging components and frequent breakdowns, improving reliability, safety, and efficiency. KONE’s team conducted the most detailed and complete site visit to inspect all of the components of the elevator system, including opening up the shaft and assessing the safety accessories in the hallway, which other companies did not.

KONE is the current elevator maintenance contractor for the City Hall and Council Chambers elevators and has a clear understanding of the City’s needs and expectations. They have an office in San Francisco which is advantageous for the City of Pacifica in case emergency services are needed.

Due to the familiarity and comfort level with KONE working on the other two (2) City elevators and providing the most comprehensive and thorough proposal in terms of dealing with the state inspection and certification, the City ranked KONE first and determined that they are the most qualified to perform the requested elevator modernization services. The City Manager recommends the approval of the CCWRP Admin Building Elevator Modernization Construction Contract with KONE, inc. Based on their proposal, the staff feels that KONE offers the best balance between price and quality.

In addition, a 7% contingency is recommended to allow enough funding to handle any additional improvements that are identified during construction. Staff recommends authorizing a budget authority for construction in the amount of $219,000, which includes contingencies in an amount of $13,768, not to exceed seven percent (7%) of the Construction Services Agreement amount for any unforeseen conditions and/or additional work required.

ALTERNATIVE ACTION:

Council may choose not to adopt the resolution and not approve the construction contract.

However, this will result in project delays, possible increase in construction cost, and will subject the City to possible increased maintenance issues and breakdowns of the elevator system. Staff does not recommend this alternative action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
5 Packet Pg. 56
Pacifica City Council 3
August 11, 2025
Approval of the construction contract is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure, streets and facilities: includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to impacts of climate change. This construction project will improve existing wastewater treatment facility through the upgrade of the elevator system located inside the admin building.

FISCAL IMPACT:

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

Construction Contract with KONE, Inc. $205,232
Contingency (7%) $13,768
Total Use of Funds $219,000
Project Fund Source
Enterprise Fund (Fund 518 Sewer Utility) Account No 518452-51206-P0039 $220,000 Total Project Fund Source $219,000
Estimated Project Fund End Balance $1,000.00
Use of Funds
No additional budget authority is necessary as sufficient funds have been allocated in the Wastewater Enterprise Fund FY 2025-26 budget for this project.

ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:

Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (PDF) 5 Packet Pg. 57
Pacifica City Council 4
August 11, 2025
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE CONSTRUCTION CONTRACT WITH KONE, INC. IN AN AMOUNT OF $205,232; AUTHORIZE A BUDGET AUTHORITY IN THE AMOUNT OF $219,000, WHICH INCLUDES CONTINGENCIES IN AN AMOUNT OF $13,768, NOT TO EXCEED SEVEN PERCENT (7%) OF THE CONSTRUCTION CONTRACT AMOUNT; AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS NOT TO EXCEED THE CONTINGENCY AMOUNT; AND

AUTHORIZE THE CITY MANAGER AND DESIGNATED PERSONNEL TO SIGN CONTRACT

DOCUMENTS RELATED TO THE CCWRP ADMIN BUILDING ELEVATOR
MODERNIZATION PROJECT P0039.

WHEREAS, consistent with the City of Pacifica’s Bidding Procedures for Public Projects (Municipal Code Title 3 Chapter 15) the City of Pacifica requested informal bids for CCWRP Admin Building Elevator Modernization Project P0039 on February 24, 2025; and WHEREAS, the selection process is not based on the lowest fee alone; and WHEREAS, KONE’s company team has experience in hydraulic elevator modernizations and has systems specifically designed to address aging components and frequent breakdowns, improving reliability, safety, and efficiency; and WHEREAS, KONE’s team conducted the most detailed and complete site visit to inspect all of the components of the elevator system, including opening up the shaft and assessing the safety accessories in the hallway, which other companies did not; and WHEREAS, due to the familiarity and comfort level with KONE working on the other City elevators and providing the most comprehensive and thorough proposal in terms of dealing with the state inspection and certification; and
WHEREAS, the City ranked KONE first and determined that they are the most qualified to perform the requested elevator modernization services, and based on their proposal, the staff feels that KONE offers the best balance between price and quality.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to Approve the Construction Contract between the City of Pacifica and KONE Inc., in the amount of $205,232; and Authorize a budget authority in the amount of $219,000, which includes contingencies in an amount of $13,768, not to exceed seven percent (7%) of the Construction Contract amount; and authorize the City Manager to execute all documents related to the project.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of 5 Packet Pg. 58
Pacifica City Council 5
August 11, 2025
Pacifica, California, held on the 11h day of August, 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 5 Packet Pg. 59

CITY OF PACIFICA (OWNER)
151 Milagra Dr, Pacifica, CA 94044

CONTRACT
City of Pacifica Contract 12/22 v1 00 5205 - 1
CCWRP ADMIN BUILDING ELEVATOR MODERNIZATION PROJECT, DATE: July 15, 2025

1. Identification of Contractor.

CONTRACTOR: KONE, INC.

LICENSE NO: 179166 CLASS: C11 – ELEVATOR INSTALLATION

2. Scope of The Work. See Scope of Work attached as Appendix A.

Compensation for Work. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) is $205,232, to be paid as (check one): (1) ☐ lump sum; (2) ☒ lump sum with progress payments; (3) ☐ per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $Enter Dollar Amount. All payments (check one): ☒ shall ☐ shall not be subject to a five percent retention.

Contractor’s hourly rates are listed in Exhibit A, Scope of Work and Cost Proposal. In the event payments to Contractor equal the “not to exceed” amount, and absent a written modification to this Agreement signed by the Owner, Contractor shall complete all services required under this Agreement without further compensation or cost reimbursement.

3. Schedule of Performance for the Work. Contractor shall commence and complete the Work by the following dates:

Commencement Date shall be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.

Substantial Completion Date: Within 261 calendar days of Commencement Date.

Final Completion Date: Within 30 business days of Substantial Completion.

3.01 Liquidated Damage Amounts.

A. As liquidated damages for delay Contractor shall pay Owner Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B. As liquidated damages for delay Contractor shall pay Owner Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

3.02 Scope of Liquidated Damages
A. Contractor and Owner agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by Owner because of a delay in completion of all or any part of the Work. Contractor and Owner agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by Owner, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.

B. Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by Owner as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from Owner (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Owner may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.

4. Terms and Conditions.

4.01 Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):

A. Appendix A – Scope of Work
B. Appendix B – General Conditions
C. Appendix C – Insurance
D. Appendix D – Construction Performance Bond
E. Appendix E – Construction Labor and Materials Payment Bond F. Appendix F – Supplemental Conditions, if applicable

4.02 The Contract Documents are the sole and exclusive provisions that govern the Work described herein. Any provision contained in any purchase order issued in connection with this Agreement or the Work described herein shall be null and void and shall have no force or effect.

Agreement number must appear on all invoices and correspondence.

Send invoices in duplicate immediately upon performance of Work ordered hereon to:

City of Pacifica
151 Milagra Dr
Pacifica, CA 94044
City of Pacifica:

By: _______________________________________
Kevin Woodhouse, City Manager
ATTEST:

By: ___________________________________
Sarah Coffey, City Clerk
APPROVED AS TO FORM:

By: ___________________________________
Michelle Kenyon, City Attorney

CONTRACTOR
Name: ____KONE, Inc.________________________
By: _______________________________________
(signature)
Its: _______________________________________
Title (If Corporation: Chairman, President or Vice President) By: _______________________________________
(signature)
Its: _______________________________________
Title (If Corporation: Chairman, President or Vice President) 1099 INFORMATION
Contractor Taxpayer I.D. No.: __________________
Incorporated: ☐ Yes ☐ No

5.a
Packet Pg. 60
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek City of Pacifica Contract 12
/22 v1 00 5205 -2
Appendix A to Contract

SCOPE OF WORK

5.a
Packet Pg. 61
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek KONE INC. CONTRACT #: Page 1 of 2
RIDER No. 1
CCWRP Admin Building Elevator Modernization
The parties hereby agree to be bound to the terms contained in the Agreement between KONE Inc. (“Contractor”) and City of Pacifica (“Owner”) (the “Agreement”), together with those terms contained in this Rider No. 1. Provided, however, that notwithstanding any terms contained in the Agreement or any Contract Document to the contrary, in the event of conflict between terms contained in the Agreement or any Contract Document and terms contained in this Rider No. 1, the terms in this Rider No. 1 shall supersede and prevail.

1. Contractor’s Bid Proposal, including Attachments A and B thereto, and Ship Date Letter are included as referenced Contract Documents, and shall prevail in the event of conflicts hereunder. Contractor shall not be bound by or obligated to comply in any manner with any Contract Document which has not been given to Contractor prior to the execution of the Agreement.

2. In no event shall either party be liable to the other party for any consequential, special, punitive, exemplary, incidental, or indirect damages (including, but not limited to, loss of profits or revenue, loss of goodwill, loss of use, increase in financing costs) (collectively, "Consequential Damages") that arise out of or relate to the Agreement. Notwithstanding anything set forth in the Prime Contract to the contrary, Subcontractor’s liability for liquidated damages shall not exceed $ 500.00 / calendar day starting on the first day after substantial completion until the work is substantially complete Liquidated damages, if any, shall be proportionately assessed to the extent caused by Subcontractor’s failure to comply with the terms of the Agreement. Payment of liquidated damages, if any, shall be in lieu of and replacement of any other damages, of any type or nature.

3. Any references to “conditions precedent” to Contractor’s right to payment shall be interpreted to merely establish timing of payment.

Contractor reserves the right to delay and/or suspend its Work, including manufacturing, delivery, installation and/or final turnover of equipment, for non-payment, without risk of breach of contract if Contractor is not paid within 30 days of submission of Contractors payment application. Prior to turnover, Contractor requires a signed Final Acceptance Form. At the time of equipment turnover, Contractor must be paid in full, less 10% maximum retention, the Agreement Price including all unpaid Change Orders or outstanding change directives. Final payment, including retention, shall be due sixty (60) days after Contractor’s final invoice.

4. Contractor will provide its standard certificate of insurance.

5. Contractor and Owner have mutually agreed upon a schedule for the performance of Contractor’s Work, and it is attached to the Agreement.

Any changes or revisions, accelerations, resequencing, suspension, work stoppage or delays of Contractor’s Schedule may only be made upon Contractor’s mutual written consent and are not included in the Agreement Price.

6. Contractor shall not be obligated to continue performance of Extra Work without a fully executed Change Order if the estimated value of unexecuted Change Orders exceeds 10% of Contractor’s Agreement Price, or if there is a reasonable safety concern, a product limitation, or it is unreasonable to proceed.

7. If Contractor is delayed at any time in the performance of its Work by an act or neglect of the Owner or Architect/Consultant, or of a subordinate of any of them; or by labor disputes, unusual delay in deliveries, unavoidable casualties, Acts of God, sabotage, vandalism, theft, concealed conditions, hazardous materials, legal requirements, shortage or unavailability of materials, supplies, labor, equipment and systems; or by any other causes beyond Contractor’s control, then Contractor’s Schedule and the Agreement Price shall be adjusted accordingly.

8. If materials are manufactured more than twelve months after Contract date, Contractor shall be entitled to an equitable adjustment in the Price, including but not limited to, any increased costs between the time the Contract is signed and the date of manufacture for materials, labor, or shipping.

9. Contractor shall be entitled to an adjustment in the Price, including but not limited to any increased costs of materials, resulting from any change in law (by legislation, executive order, treaty, or other similar means), or any increase in duties or tariffs on imported materials, raw materials, and/or finished goods, whether imposed by domestic or foreign governments.

10. Contractor’s work shall not include any abatement or disturbance of asbestos containing material, presumed asbestos containing materials, or other hazardous materials (i.e. lead, PCBs) (collectively “HazMat”). Contractor shall have the right to discontinue its work in any location where suspected HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays caused by such, shall be the Owner’s sole responsibility and expense.

11. Owner shall be responsible for any additional cost associated with bonds. Bond total 1% of contract value not to exceed $2,032.00

12. Owner shall be solely financially responsible for any unforeseen conditions in the event earthwork needs to be performed.

13. KONE shall provide necessary access to the hoistway and control room for State elevator inspecting authorities during normal working hours on regular working days. Any additional time spent by KONE beyond these hours due to requests from the City of Pacifica, as well as any additional inspections by the City of Pacifica, shall incur extra costs and will be scheduled and billed separately.

14. Section 2.06 – Termination; suspension; disputes – Owner shall remain financially responsible for all cost incurred and obligations accrued up to the date of suspension, termination or commencement of any dispute, regardless of the cause or nature thereof. Suspension,

5.a
Packet Pg. 62
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek KONE INC. CONTRACT #: Page 2 of 2
termination, or dispute of this agreement shall not relive the owner of their duty to compensate KONE for work performed, materials procured, or commitments made in good faith prior to such events.

15. Section 3 – Liquidated damages; within 261 Calendar days of commencement date.

16. Section 3 - Completion date; within 30 days of substantial completion.

17. City of Pacifica can provide written authorization to perform work on T&M force account.

18. KONE to provide proof of added costs and reason for change order requested formally.

19. KONE contractor to enter into agreement and order material after NTP, down payment received and submittal approval.

20. If there is conflict between the Rider and proposal this Rider shall prevail.

21. KONE will carry the required electrical and fire life safety upgrade for the elevator modernization. If required, general contractor work will be carried by the customer.

22. KONE will apply for building permit through link provided by customer.

23. KONE will update The City of Pacifica’s Business license through our licensing department.

ACCEPTED:

City of Pacifica KONE INC.

BY: _____________________________ BY:

TITLE: TITLE:

DATE: DATE:

KONE INC. CONTRACT #: 0016720424

5.a
Packet Pg. 63
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek KONE Internal

KONE MODERNIZATION PROPOSAL
Proposal: 700 Pacific Coast Highway - 2025 Mod
Proposal Date: 02/24/2025

5.a
Packet Pg. 64
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water KONE Internal
06/25/25
KONE Inc.

Elevators & Escalators
567 7th Street
San Francisco, CA 94103
Mobile: 415-260-5028
[email protected]
www.kone.us
Dear Naomi & Matthew,
We are pleased to enclose, for your review and consideration, KONE's proposal to modernize your equipment located at the following address for $205,232.00 (incl. use tax):
● This proposal is based on 2025 installation.
● This proposal is valid for (30) days.
● This proposal includes P & P bond cost of: $2,032.00
● Anticipated downtime: 4-5 weeks per unit for modernization + inspection.

Please know that we are available to assist you in coordinating the work by others as further described in our “Bid Attachment B“. Should you have any questions or require additional information, please feel free to contact me directly.

We look forward to hearing from you and working together on this project.

Yours sincerely,
Jenny Bodas

5.a
Packet Pg. 65
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 3(18)
KONE Internal

Appendix 1: KONE 24/7 Connected Services
Appendix 2: Clarifications
Appendix 3: Bid Attachment “A” / KONE Inc. General Terms and Conditions (Modernization) Appendix 4: Bid Attachment “B” / Site Requirements & Work by Other Trades

5.a
Packet Pg. 66
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 4(18)
KONE Internal
Why KONE?
KONE in brief
KONE is a global leader in the elevator
and escalator industry. Our mission is to
make cities better places to live.

Our versatile product portfolio features a
wide range of innovative products
including elevators, escalators,
autowalks, monitoring, access and
destination control systems.

Value for your project
KONE helps you to reduce operational costs, increase end-user satisfaction and value of your building by providing accessible and safe equipment through a professional and trouble-free modernization project.

Increased user satisfaction/minimal disturbance to end-users Improved eco-efficiency, reduced energy consumption
Improved safety according to latest standards

5.a
Packet Pg. 67
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 5(18)
KONE Internal
Ensuring your project success
Project Overview
KONE Responsibility CUSTOMER Responsibility
KONE and CUSTOMER
Site Cornerstones
By ensuring that these cornerstones are in place you can ensure that your modernization project stays on schedule and that KONE technicians can perform their work quickly, safely, and with minimum disruption to building operations.

Site preparation requirements before materials arrive
● Loading and storage area of suitable size for materials, waste and waste storage, and tools ● Safe access route for new materials and materials being removed ● Access permissions and cards or other access devices for KONE technicians Other works as agreed in the project plan, if not managed by KONE ● Please refer to Appendix 4: Bid Attachment “B” / Site Requirements & Work by Other Trades Project kickoffFully executed
contract & down
payment
Materials delivered to
site and
modernization starts
Project
completion
Detailed site
survey
Submittals
approved if
required
Manufacturing Work by others
Installation and
testing
Third-party inspection
arranged

5.a
Packet Pg. 68
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 6(18)
KONE Internal
Solution details
Elevator / Solution 1
Electrification
Product name KONE HydroMod DX
Elevator group size Simplex
Number of floors served 3
Code year 2004
Speed [FPM] 125
NEMA rating (HW) Hoistway rating is NEMA 1.

NEMA rating (MR) Machine room rating is NEMA 1.

Power supply voltage [v] 480
Type of power unit Submersible
Machine room duct KONE will remove all existing wiring, conduit and duct from the machine room. New conduit and duct properly sized and
constructed for the job requirements will be installed (in accordance with applicable codes).

New motor size (hp) 25
Motor Starts per Hour 80 Standard
Type of curtain of light This curtain of light is an electronic sensing device that operates across the car entrance. When activated, the curtain of light will prevent the doors from closing or cause them to stop and reopen if they are in the process of closing. The doors will remain open as long as the flow of traffic continues and will close shortly after the last person passes through the door opening. A 2-D type will be provided.

Qty of COPs 1
Out of service switch Yes
Hoistway duct KONE will remove all existing wiring, conduit and duct from the hoistway. New conduit and duct properly sized and constructed for the job requirements will be installed (in accordance with applicable codes).

Fixtures
Product name Custom Fixtures
Number of floors served 3
Capacity [LBS] 2100
Qty of COPs 1
Qty of new hall stations 2
Qty of car direction
lanterns
1 Qty of hoistway access
switches
2 5.a
Packet Pg. 69
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 7(18)
KONE Internal
Doors
Product name Door Panel(s)
Number of floors served 3
Car panel finishing
material
New car door panel(s) shall be provided where applicable. New door(s) shall be UL fire rated 1 ½ hour. Finish will be #4 stainless steel.

Door type Single speed side opening.

Product name KONE ReNova Door Operator
Number of floors served 3
NEMA rating (HW) Hoistway rating is NEMA 1.

Door type Single speed side opening.

Door package type KONE ReNova M6 door package includes a new door operator, restrictive clutch, car door track, car gate switch, car hangers, car door panel adapters, OEM interlocks and hoistway pick up rollers.

Product name Curtain of Light
Number of floors served 3
Code year 2004
NEMA rating (HW) Hoistway rating is NEMA 1.

Type of curtain of light This curtain of light is an electronic sensing device that operates across the car entrance. When activated, the curtain of light will prevent the doors from closing or cause them to stop and reopen if they are in the process of closing. The doors will remain open as long as the flow of traffic continues and will close shortly after the last person passes through the door opening. A 2-D type will be provided.

5.a
Packet Pg. 70
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 8(18)
KONE Internal
Shaft equipment
Product name Guide Shoes
Capacity [LBS] 2100
Speed [FPM] 125
Car guide shoe type KONE RG100 (Roller)
New car guide shoes New spring dampened roller guide shoes will be provided.

Hydraulic equipment
Product name Field Pipe & Accessories
Capacity [LBS] 2100
Speed [FPM] 125
Field Pipe Length (in) 240
Field Pipe Size 2"
Mainline Shutoff Valves A manual safety valve will be supplied in the oil line at the jack unit (pit) designed to shut off the flow of oil from the cylinder and bring the car to rest in case the car attains excessive down speed.

Seismic Rupture Valve A rupture valve will be provided which provides protection against supply line failure that causes overspeed in the down direction.

Product name Power Unit
Capacity [LBS] 2100
Speed [FPM] 125
Type of power unit Submersible
New motor size (hp) 25
Motor Starts per Hour 80 Standard
Control Valve OEM Maxton
Field Pipe Length (in) 240
Field Pipe Size 2"
Jack location Inground
Jack type Single Stage
Load class Passenger
Qty Jacks per Car 1
Seismic Rupture Valve A rupture valve will be provided which provides protection against supply line failure that causes overspeed in the down direction.

5.a
Packet Pg. 71
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 9(18)
KONE Internal
Commercial Offer
Project notes • Required electrical and Fire Life Safety scope of work have been included in this proposal.
• 8 hours of standby time have been included in this proposal for cab floor installation by customer’s subcontractor. If floor contractor needs additional time than what has been allotted, customer will be responsible for additional standby labor hours.
• General contractors work not included in this proposal. If GC work is required customer is responsible for contracting that work and covering the cost of GC scope of work.
• Jack replacement and cost associated are not included in this proposal. • State elevator permit cost is included in this bid.
• Customer to provide safe and secure lay down/storage area for project material. • Customer to provide two on-site parking spaces for project technicians. • P & P Bond is included in this proposal. Total cost of bond: $2,032.00 Handover date Mutually agreeable project schedule will be determined at time of proposal acceptance.

Current delivery lead time is 15 weeks from when order receipt, deposit and approval of drawings have all been completed. The agreed delivery times for the project may need to be extended because of delays caused by measures undertaken to stop the spreading of the Coronavirus (2019-nCoV) epidemic, such as mandatory holiday extensions and transportation restrictions imposed by authorities in China and other countries, and the availability of personnel, logistics providers and supply chains, due to the epidemic.

Downtime period 5-6 weeks per unit
Warranty/maintenance Our proposal does not include any warranty maintenance.

Pricing
Equipment Price ($)
Elevator: Solution 1 $ 203,200.00
Total Sales Price, net including TAX $ 205,232.00
Additional options for your consideration:
• 1 year of warranty/preventative maintenance in the amount of $3540.00 ($295.00 monthly) Proposal pricing is based on the scope of work as defined herein. Any additional work required will be performed only upon purchaser’s approval of a mutually agreeable change proposal. Any other deficiencies revealed in the progress of the work will be promptly reported to the purchaser with recommendations and cost for corrective action.

5.a
Packet Pg. 72
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us
T-0008204672 10
(18)
KONE Internal 5.a
Packet Pg. 73
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 11(18)
KONE Internal
Tender Approval
KONE
Jenny Bodas
567 7th Street
San Francisco, CA 94103
[email protected]
Owner/Representative
City of Pacifica Water Plant
700 Pacific Coast Highway
Pacifica, CA 94044
Submitted by:

Jenny Bodas
MOD Sales
02/24/2025
We accept the offer constituted by this proposal (total sales price of $ 205,232.00, incl. use tax) and agree to the conditions contained therein.

Approved by Customer
___________________________________________
Printed name:

Title:

Company name:

Date:

5.a
Packet Pg. 74
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 12(18)
KONE Internal
Appendix 1: KONE 24/7 Connected Services
KONE 24/7 Connected Services – improved safety, full transparency, and peace of mind In addition to a quality modernization project, we would be excited to discuss KONE 24/7 Connected Services with you and the continuing benefits KONE could bring to your business. KONE is leading the industry with KONE 24/7 Connected Services using the latest intelligent elevator technology allowing us to predict issues and take action before a shutdown occurs. Predictive maintenance allows fewer shutdowns, less call-outs, and improved up-time of equipment - all leading to a better user experience!
Read more at
kone.us/connected

5.a
Packet Pg. 75
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 13(18)
KONE Internal
Appendix 2: Clarifications

1. Contract terms between KONE Inc. and Purchaser shall be based on our Proposal and Attachments “A” and “B”.

2. All new elevator equipment provided shall meet applicable ASME A17.1 code requirements. Any provisions of codes applicable to out-of-scope items shall be the Purchaser’s responsibility. Cost of any future code changes adopted prior to permitting and completion are excluded.

3. Existing cab and entrance dimensions, which may not meet current ADA or stretcher access rules, will be retained as is.

4. Our proposal includes inspections and testing as required by the AHJ. However, any re-testing required due to other trades’ failures to complete their work or tests in a timely manner will be billed at our regular billing rates.

5. The ASME code limits changes to the empty car weight + capacity of each elevator to 5% of the originally installed value. If past or proposed changes result in a change to the weight or system pressure (for hydraulic) greater than 5% above the original design values, the cost of any engineering and of any required modifications to the elevator system or structure shall be extra to this proposal scope and pricing. If this situation is discovered during the engineering process, KONE will notify purchaser and recommend an alternate design or other changes.

6. In order to provide best pricing, proposal excludes any extra demobilizations and remobilizations. If we must demobilize from the jobsite for any reason outside our control, we shall be compensated at our regular billing rates.

7. Proposal pricing is based on the scope of work as defined herein. Any additional work required will be performed only upon Purchaser’s approval of a mutually agreeable change proposal. Any other deficiencies revealed in the progress of the work will be promptly reported to purchaser with recommendations and cost for corrective action.

8. Asbestos: Notwithstanding anything contained to the contrary within this bid or contract, KONE’s work shall not include any abatement or disturbance of asbestos containing material (ACM) or presumed asbestos containing materials (PACM). Any work in a regulated area as defined by Section 1910 or 1926 of the Federal OSHA regulations is excluded from KONE’s scope of work without an applicable change order to reflect the additional costs and time. In accordance with OSHA requirements, the Customer shall inform KONE and its employees who will perform work activities in areas which contain ACM and/ or PACM of the presence and location of ACM and/or PACM in such areas which may be contacted during work before entering the area. Other than as expressly disclosed in writing, Customer warrants that KONE’s work area at all times meets applicable OSHA permissible exposure limits (PELs). KONE shall have the right to discontinue its work in any location where suspected ACM or PACM is encountered or disturbed. Any asbestos removal or abatement, or delays caused by such, required in order for KONE to perform its work shall be the Customer’s sole responsibility and expense.

After any removal or abatement, customer shall provide documentation that the asbestos has been abated from the KONE work area and air clearance reports shall be made available upon request prior to the start of KONE’s work.

9. Purchaser shall provide any security, escort or other building service support personnel required during demolition, installation, testing, and inspections.

10. For hydraulic elevators, we can assume no responsibility for unusual conditions such as hole cave in and complete hydraulic cylinder assembly embedded in concrete. The excavation of the hole to accommodate the new hydraulic cylinder assembly is based on encountering soil free of oil, rocks, boulders, building construction members, sand, water, quicksand, underground caves and/or any other obstructions or unusual conditions. Should such obstructions or unusual conditions be encountered, additional time above or beyond the working days estimated to complete this project may be required. We will proceed with this portion of the project on a time and material basis, based on our normal billing rates.

11. Proposed solution is subject to a complete engineering review by KONE engineering team to confirm feasibility of products proposed. Additional charges may apply for work not included, but required to meet system requirements. Additional charges for this work (if applicable) shall be mutually agreed upon.

5.a
Packet Pg. 76
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 14(18)
KONE Internal
Appendix 3: Bid Attachment “A” / KONE Inc. General Terms and Conditions (Modernization)

1. APPLICATION OF THESE TERMS
The parties agree to be bound by the terms and conditions contained in the Bid Letter, this Bid Attachment A and Bid Attachment B, including the documents incorporated herein by reference (collectively, the “Proposal”).

2. SPECIAL PURCHASING REQUIREMENTS
This Proposal is made without regard to compliance with any special sourcing and/or manufacturing requirements including, but not limited to, Buy America, Buy American, U.S. Steel, FAR clauses, minority / disadvantaged supplier requirements or similar federal and/or state procurement laws. Should such requirements be applicable to this Project, KONE reserves the right to modify and/or withdraw its Proposal.

3. PROPOSAL CONDITIONS
The Proposal shall be open for acceptance within the period stated in the Bid Letter or, when no period is stated, for a period of 30 days from the date of the Bid Letter. Prior to commencing manufacture of the equipment described in the Bid Letter (“Equipment”), KONE must have (i) a fully executed contract; (ii) a schedule acceptable to KONE identifying the Equipment installation start date, or alternatively, KONE’s letter specifying the ship date (“Ship Date Letter”) signed by Customer, which, as applicable, is incorporated by reference herein; (iii) the first payment in Section 4 herein; and (iv) fully approved KONE layouts.

4. PAYMENT TERMS
Payment of the total Price is due within 30 days from invoice date, as follows:
● 30% of the Price for engineering, site management, and overhead, billable and due upon execution of this Proposal or receipt of the subcontract;
● 50% of the Price for material and shipping, billable and due upon delivery of material to the jobsite or KONE Distribution Center;
● 20% of the Price for Equipment installation, billable and due at the billing cycle following the start of installation.

KONE imposes a surcharge for payments made via credit card that is not greater than our cost of acceptance. The surcharge that we impose for this type of transaction is a percentage of the amount paid via credit card, which will be notified to the Customer at the payment portal. KONE reserves the right to delay, suspend, or stop the work, including manufacturing, delivery, installation and/or Equipment turnover, for non-payment, without liability to KONE or being held in default. Simple interest at 1.5% per month shall be charged on amounts not paid when due. Payments to KONE are not contingent on any third-party payments to Customer. Customer shall reimburse KONE for all costs of collection, including courts costs and reasonable attorneys’ fees.

Prior to turnover, KONE must be paid in full, less 10% maximum retention, the Price including all change orders. Retention shall be due and payable within 30 days of execution of the Uniform Final Acceptance or Equipment turnover, whichever occurs first. If certified payroll reporting is required, KONE will submit the requested reporting in the format of the U.S. Department of Labor form WH 347 & WH 348.

The Price does not include Textura or any other special billing requirements, which can be added via change order at a rate of 0.3% of the Price.

5. INSTALLATION
Customer shall be responsible for procurement and cost of all permits, except permits related to installation of the Equipment. Where KONE’s scope of work or other responsibilities include the obligation to utilize materials and/or finishes resembling or identical to those pre-existing in the building, KONE shall use reasonable efforts to procure such materials and Customer acknowledges and accepts that the materials and/or finishes reasonably available may not be in all respects identical to those pre- existing in the building. This Proposal is conditioned upon KONE using its standard installation method. The installation of the Equipment shall start after Customer has completed all work set forth in Bid Attachment B and any other documents describing site requirements (“Site Requirements”), all of which are incorporated by reference herein. Within two (2) weeks prior to the scheduled delivery date for KONE’s materials, KONE shall conduct a standard visual site survey to verify that the Site Requirements are complete and notify Customer if there are outstanding deficiencies preventing KONE from beginning installation.

KONE’s site survey may include, but is not limited to, inspection of site access, working and safety conditions on site, wear and tear of any existing structures or surfaces, and planning of any dismantling or removal of existing equipment, components and materials, where applicable. KONE shall not be deemed to have surveyed any hidden structures, latent defects, subsurface conditions, or other non-visible matters, including but not limited to searching for hazardous substances and/or materials, which shall be subject to Section 16. If KONE’s site survey reveals any deficiencies, KONE shall be entitled to delay the start of installation and Customer shall be responsible for all additional costs incurred by KONE, including without limitation, costs associated with: labor reallocation, re- directing materials to and storage in a KONE Distribution Center, additional labor for double handling of materials, and additional trucking, freight and insurance.

Once the Site Requirements are completed, the start of installation shall be subject to the availability of labor and the delivery of material, if applicable.

KONE’s work shall be performed during regular union working hours of regular working days, Monday to Friday, statutory holidays excluded. If overtime is mutually agreed upon and performed, the additional costs for such work shall be added to the Price at KONE’s standard overtime rates. If the installation cannot be performed in an uninterrupted manner for any reason beyond KONE's control, Customer shall store the Equipment at Customer's cost and compensate KONE for any costs caused by such delay including, but not limited to, double handling of Equipment and demobilization. KONE shall not be required to perform overtime or any Customer directed change to its work (“Extra Work”) without an executed change order. No action by KONE, including but not limited to, performing Extra Work without an executed change order, shall be a waiver of KONE’s right to seek payment for Extra Work performed.

KONE shall be entitled to an extension of time and an equitable adjustment in the Price, including but not limited to, any increased costs of labor, including overtime, resulting from any change of schedule, re-direction of KONE personnel to another work area, acceleration, or out of sequence work.

KONE shall take reasonable methods to protect its work-in-place while KONE is actively on site and until execution of a KONE Uniform Final Acceptance, which is incorporated by reference herein. Should damage occur to KONE property, material or work-in- place by fire, water, theft or vandalism, Customer shall compensate KONE for said

5.a
Packet Pg. 77
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 15(18)
KONE Internal
damages.

Additionally, the Customer is solely responsible for ensuring that the equipment maintenance contractor, if not KONE, does not disturb, delay or interfere with KONE’s work. KONE shall abide by Customer’s safety policies and procedures to the extent such policies and procedures are not in conflict with KONE’s Safety Policy. Testing and/or security features of Equipment must be completed before Equipment turnover. KONE is not responsible for damages, either to Equipment or the building, or for any personal injury or death, arising out of or resulting from any code required safety tests performed on Equipment or hoistway access granted by Customer to other trades.

6. TEMPORARY USE
Temporary use of certain types of Equipment may be permitted, provided the use period allows adequate time for Equipment restoration for final turnover and Customer executes KONE’s Temporary Use Agreement. Temporary use shall be invoiced separately and subject to payment terms in Section 4 herein. At the end of temporary use, Customer shall return the Equipment to KONE in "like new" condition.

7. HAZARDOUS MATERIALS
KONE’s work shall not include any abatement or disturbance of asbestos-containing material (ACM), presumed asbestos-containing materials (PACM) or other hazardous materials (i.e., lead, PCBs) (collectively “HazMat”). KONE shall have the right to discontinue its work in any location where suspected HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays caused by such, required for KONE to perform its work shall be the customer’s sole responsibility and expense. Prior to the execution of the contract, the owner and/or the general contractor are responsible for providing written notification to KONE of the existence of HazMat in any location where KONE’s work will be performed. Should the customer require elevator personnel to position/reposition the elevator equipment to allow the customer’s abatement company to perform abatement work, KONE will present a separate proposal for additional work to the customer.

8. TITLE AND RISK TO EQUIPMENT
Title to and ownership of all Equipment intended for incorporation in KONE’s work, whether installed or stored on or off site, shall remain with KONE until final payment is made. Risk of loss in KONE’s work and Equipment passes to Customer upon delivery to the site or off-site storage.

Any tools, devices, or other equipment that KONE uses to perform its work or monitor the Equipment remains the sole property of KONE. If this Proposal terminates or expires for any reason, Customer will give KONE access to the premises to remove such tools, devices or equipment at KONE’s expense.

9. TURNOVER
Prior to turnover, KONE must receive a final punch list. Upon turnover, KONE requires a signed Uniform Final Acceptance. KONE shall provide its standard electronic O&M manuals with CD-ROMs in electronic format, if applicable, upon execution of the Uniform Final Acceptance. Standard KONE samples shall be provided upon request.

No mock-ups or video training are included in the Price.

10. DELAY
KONE shall not be liable for any loss, damage, claim, or delay due to any cause beyond KONE's control, including, but not limited to, acts of domestic or foreign government (including a change in law), strikes, lockouts, work interruption or other labor disturbance, delays caused In the event of such delays, KONE shall be entitled to an extension in time equal to the length of such delay affecting KONE and an equitable adjustment in the Price. Customer shall compensate KONE for labor and material cost escalations resulting from Project delays not caused by KONE, which extend completion of KONE’s work beyond the end of the current calendar year. Customer is on notice that IUEC labor rates increase annually.

11. LIMITED WARRANTY
For one (1) year after the acceptance date set forth in the signed Uniform Final Acceptance, date of Equipment turnover, or date of Customer’s use of Equipment (unless such use is pursuant to the Temporary Use Agreement), whichever occurs first, KONE warrants Equipment against defect in workmanship and material. The warranty excludes remedy for damage or defect caused by abuse, misuse, vandalism, neglect; repairs, alteration or modifications not executed by KONE; improper or insufficient maintenance, improper operation, characteristics of the building such as electrical power or security features, natural or other catastrophe such as flood, fire, or storm, or normal wear and tear and normal usage. The warranty excludes training or instruction in the proper operation or maintenance of Equipment. Specific noise ratings and energy efficiencies cannot be guaranteed due to different building characteristics and ambient noise levels. Customer’s remedy is limited to repair or replacement of a defective part, in KONE’s sole discretion, and excludes labor.

12. INDEMNIFICATION
KONE shall only indemnify and hold Customer harmless for claims, damages, losses or expenses, but excluding loss of use (“Claims”) due to bodily injury, including death, or tangible property damage (other than the Project or KONE’s work itself) to the extent caused by KONE’s negligent acts or omissions. KONE shall not indemnify Customer for any other Claims. Customer agrees to indemnify and hold KONE harmless from any Claim for bodily injury, including death, or tangible property damage in connection with the use or operation of the Equipment. Each party shall defend itself in the event of a Claim.

13. INTELLECTUAL PROPERTY
KONE shall retain title and ownership of all intellectual property rights relating (directly or indirectly) to the Equipment provided by KONE, including but not limited to software or firmware (whether in the form of source code, object code or other), drawings, technical documentation, or other technical information delivered under the Proposal. KONE grants Customer a non-exclusive and non-transferable license and right to use the software and firmware in connection with the use and maintenance of the Equipment. Customer shall not use any drawings, technical documentation or other technical information supplied by or on behalf of KONE for any purposes other than those directly related to the Proposal or to the use and maintenance of the Equipment.

Customer shall not in any form copy, modify or reverse engineer the software, or give access to the software for such use to any third party without KONE’s prior written consent.

5.a
Packet Pg. 78
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 16(18)
KONE Internal
by others, fire, explosion, theft, floods, inclement weather, riot, civil commotion, war, malicious mischief, infectious diseases, epidemic, pandemic, quarantine, border or port of entry and exit restrictions or acts of God.

14. INSURANCE
In lieu of any Customer insurance requirements, KONE shall provide its standard certificate of insurance, which shall be deemed to satisfy all insurance requirements for this Project. KONE shall not provide loss runs, insurance rate information, copies of its insurance policies or any other information which KONE considers confidential. KONE shall not provide coverage for professional (E&O) liability, pollution liability, data privacy/security, or no-fault medical payments. If the Project is covered by a Wrap Up Insurance Program, KONE agrees to participate provided there is no cost to KONE, no reduction in the Price, and subject to KONE’s review of the proposed program. If KONE’s primary limits are sufficient to satisfy insurance coverage requirements, excess/umbrella liability will not be required or if excess/umbrella is required, KONE’s excess coverage does not follow form although typically provides broader coverage than KONE’s primary policies. The excess coverage is not AM Best Rated nor licensed to do business within the jurisdiction although the carrier has strong Standard & Poor’s and Moody’s financial ratings that may be evidenced upon request.

15. LIMITATION OF LIABILITY
In no event shall either party be liable to the other party for any consequential, special, punitive, exemplary, liquidated, incidental, or indirect damages (including, but not limited to, loss of profits or revenue, loss of goodwill, loss of use, increase in financing costs) (collectively, "Consequential Damages") that arise out of or relate to this Proposal even if such party has been advised of the possibility of such Consequential Damages. The limitation set forth in this section shall apply whether the claim is based on contract, tort or other theory.

16. CONCEALED OR UNKNOWN CONDITIONS
If during the course of its work, KONE encounters conditions at the site that are subsurface, differ materially from what is represented in the contract documents, or otherwise concealed physical conditions, KONE shall be entitled to an extension of time and additional costs for the performance of its work, which shall not be subject to any payment conditions or contingencies.

17. TECHNICAL SURVEY
KONE’s Price and obligations under this Proposal are subject to a technical survey to be performed on Customer’s existing units within 90-days of the effective contract start date. If a safety hazard or code violation is identified during KONE’s technical survey, Customer shall immediately remove the unit from service until repairs are performed.

KONE is not obligated to perform tests, correct outstanding violations or deficiencies that were not addressed by the prior service provider and/or the owner, or make related necessary repairs or component replacements on the unit. If additional work is necessary, KONE shall provide a separate proposal or recommendation for such work.

Customer agrees to indemnify, defend, and hold KONE harmless for any claims arising out of Customer's failure to comply with KONE's recommendations and proposal, and any obligation on the part of KONE to indemnify or defend Customer with regard to such claim shall be null and void. If Customer does not immediately approve KONE’s proposal or recommendation, KONE reserves the right to terminate this Proposal/contract without penalty.

18. TERMINATION
If a party materially breaches this Proposal, the other party shall provide written notice of the breach and a reasonable time to cure the breach, but in no event less than 30 days. If the breaching party fails to cure the breach within the specified time period, the non-breaching party may terminate the Proposal upon 15 days written notice to the other party. If KONE notifies Customer of a material breach pursuant to this paragraph, KONE may temporarily suspend its work without liability.

19. GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that this Proposal shall be governed by the laws of the state where the Project is located, and venue for disputes shall be located in that state. KONE does not agree to participate in arbitration proceedings.

20. PRICE ADJUSTMENT
If the materials are manufactured more than twelve months after the Contract date, KONE shall be entitled to an equitable adjustment in the Price, including but not limited to, any increased costs between the time the Contract is signed and the date of manufacture for materials, labor, or shipping. Further, KONE shall be entitled to an equitable adjustment in the Price for any increase in costs resulting from any change in law or tariffs.

21. 24/7 EMERGENCY VIDEO COMMUNICATIONS
Applicable only for projects where KONE 24/7 Emergency Video Communications is included: The KONE 24/7 Emergency Video Communications contract addendum and General Terms and
Conditions for KONE Digital Services must be signed by the Building Owner. This contract addendum requires the Building Owner to pay a fee for audio, video, and data connectivity. This payment obligation, among other provisions, survives termination of any maintenance agreement.

22. MISCELLANEOUS
This Proposal, including the documents incorporated herein by reference, constitutes the entire agreement of the parties and supersedes all prior negotiations, understandings, and representations whether written or oral in relation to the subject matter hereof. Where a conflict or ambiguity exists between this Proposal and any other contract document (including but not limited to, Customer’s drawings and specifications), the terms and conditions of this Proposal shall control. This Proposal may be amended only in writing by the duly authorized representative of both parties. This Proposal may be executed in one or more counterparts. Each counterpart shall be considered an original and all of the counterparts shall constitute a single agreement binding all the parties as if all had signed a single document. For purposes of executing this Proposal, a document signed by electronic means is to be treated as an original document.

The failure of either party to insist upon performance or strict performance of any of the terms or conditions of this Proposal shall not be deemed a waiver of any rights or remedies that such party may have or a waiver of any subsequent breach or default under this Proposal. Neither party may assign or transfer the benefit or burden of this Proposal without prior written consent of the other party.

5.a
Packet Pg. 79
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 17(18)
KONE Internal
Appendix 4: Bid Attachment “B” / Site Requirements & Work by Other Trades
The work described below is a summary of work to be performed by others (“Work by Other Trades”) that may be required in conjunction with the elevator modernization performed by KONE (the “Work”). Purchaser shall provide any and all building electrical, structural and mechanical system upgrades required for code compliance, life safety, and proper equipment installation and operation. The Authorities Having Jurisdiction (AHJ) may require additional remedial or preparatory work. All required remedial or preparatory work shall be performed by properly licensed trade contractors in compliance with applicable codes and based on a schedule of performance that allows for uninterrupted progress of the Work. Under no circumstances shall KONE be responsible for any cost associated with the performance of remedial work by others. Purchaser shall provide the following unless specifically included in KONE’s Work:

1. ELECTRICAL
● A properly rated three phase fused disconnect switch, externally operable and lockable in the open position,
located as required by code. Accommodate any increases
in motor size or feeder loads.
● A dedicated 110 VAC fused disconnect switch, externally operable and lockable in the open position adjacent to the machine room door for cab lighting and ventilation, located as required by code.
● Shunt-trip disconnect if fire sprinklers are present in machine room or hoistway.
● GFI 120 VAC convenience outlets in machine room and
pit.
● Separate outlet in the pit area if a sump pump is installed. ● Telephone line service brought to the elevator machine room for emergency communication device.
● Any required RF shielding of TV or radio transmitters, antennae and/or wave-guides.
● Conduit with pull boxes from each elevator bank to any remote fire control or communication panels specified.
● Provide a separate 15-amp, 115 VAC fused service with ground (powered by building emergency power system,
when available) for KONE 24/7 Emergency
Communications, when specified. Must include the means
to disconnect each service and lock-off in the “open”
position (NFPA 70 article 620.22 and 620.53 or CEC
article 38.22 and 38.53).

If required by building code: standby/emergency power, sufficiently sized to provide power of permanent characteristics to each elevator’s disconnect, simultaneously, upon loss of regular power, including feeders, transfer switches and auxiliary contact signal outputs to elevator controllers.

2. MACHINE ROOM
● A code-compliant machine room. Provide or maintain fire rating as required by building code.
● Fire-rated door for access into the machine room. Door shall be self-closing and self-locking, operable from inside the room without the use of a key.
● Independent ventilation or an air conditioning system for the elevator machine room, to assure temperature is
maintained between 65 degrees and 95 degrees
Fahrenheit.
● Fire extinguisher inside machine room.
● Minimum clear machine room height of 7’-0”.
● Suitable lighting that provides a minimum of 19 ftc at floor. ● Removal of any non-elevator related equipment and
materials from within the machine room and proper
disposal of oil and other hazardous or non-hazardous
substances and materials.

3. HOISTWAY
● A code-compliant hoistway, constructed in accordance
with KONE's requirements and specifications. Provide or maintain fire rating as required by building code.
● Patching of all holes in hoistway walls with fire rated material.
● Beveling all ledges within hoistway measuring over 4”. ● Removal of any non-elevator related equipment and
materials from within the hoistway and proper disposal of oil and other hazardous or non-hazardous substances and materials.
● A guarded light fixture and light switch in pit. Switch must be located 42” above the lowest landing floor level.
● A means of displacing water located in the pit and
containing and disposing of oil, chemicals, and other
substances in compliance with environmental laws and
regulations (KONE assumes no responsibility for
discharge of oil, chemicals, and other substances into
storm water systems, sanitary sewer systems, retention
ponds, etc.). Elevator hoistway ventilation to the outside atmosphere as required by building code.

4. FIRE SERVICE
● Fire alarm smoke detectors with wiring and relays in the machine room terminating at elevator controller.
● Fire alarm initiating devices must be located in front of each elevator entrance as well as in the machine room
and at the top of the hoistway.
● Where sprinklers exist in the machine room and/or
hoistway, a fire alarm initiating device within 12” of each sprinkler head.

5.a
Packet Pg. 80
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water www.kone.us T-0008204672 18(18)
KONE Internal

5. ACCESS INTEGRATION/SECURITY
● Our proposal includes KONE logic and provisions for the specified Touchscreen(s), Keypad Destination Operating
Panel(s), Monitoring System(s) and Multi-Media
Equipment.
● Card Readers and/or any additional required hardware & software for proper functionality of access control/security system(s) shall be furnished and installed by others.
● Any required software to ensure proper communication
between KONE control system(s) and building system(s)
shall be the responsibility of others.
● A designated 115V 15A circuit is required at each of the remote monitoring stations.
● KONE recommends a minimum 100 Mbit/s Ethernet for
each of the following application(s): Integrated
Touchscreen/Keypad Destination Operating Panels,
Monitoring System, Multi-Media Equipment, and Card
Readers.

6. COUNTERWEIGHTING
● Pricing is based upon the existing car to counterweight weight ratio being consistent with elevator industry
standards. This is defined as the counterweight weight
being equal to the empty car weight plus 40%. The actual assemblies will be weighed during the modernization
process. If modifications are required to correct the
existing weight balance, these modifications will be
provided at additional cost.

7. RK1 FUSES AND CIRCUIT BREAKERS
● Fuses are to be current limiting class RK1 or equivalent.

Circuit breakers are to have current limiting characteristics equivalent to RK1 fuses. Provisions of these fuses are the responsibility of others, not KONE.

8. GENERAL
● Access to the building to perform the Work and for
deliveries with dry, protected storage adjacent to the
hoistway.
● Cutting of existing walls, floors and finishes, together with all repairs made necessary by such cutting or changes,
e.g. cutting of lobby walls for flush hall fixtures and removal of encroaching lobby features such as wallmounted ashtrays. Removal, replacement, and/or repair of any mirrors, millwork, plaster, stone or other special hall finishes.
● All work of other trades must be complete and ready at time of first elevator inspection, or elevator will not be released for operation by the AHJ. If the AHJ does allow temporary operation under a Temporary Operating
Inspection (TOI), any associated costs shall be
Purchaser’s responsibility.
● Our tender is based on suitable site conditions, material and tooling storage space, and bathroom access being
available on site.
● Safe working environment must be provided and
supported by provision for adequate entrance protection, means of hoisting, hoistway dividing screens, and
protection of floors walls and doors etc.
● Emergency evacuation procedures to be clearly defined where required. Subject to site survey and actions agreed. ● Any portion of the Work that is subject to the permissions of local authorities beyond the elevator permits must be identified to KONE. Responsibility for permits to be
agreed. Permits and appropriate signage indicating any
changes to pedestrian access routes for building users
must be in place prior to start of the Work.
● Elevator installation methods requires the integrity of the existing Safety Gear and Overspeed protection devices,
and are therefore subject to verification of suitability prior to commencement of the work. Any remedial work
required or alternative solution is not included in this tender.
● If KONE 24/7 Emergency Video Communications: For
units with travel greater or equal to 60 ft (18 m), or if located in a seismic zone and the code year is 2016 or
later (regardless the travel): Customer will provide a
dedicated Windows-based PC or laptop with Chrome
browser and 24-hour/day Internet access. This computer
must be accessible by emergency personnel to
communicate through voice and text with people in the
elevator and to have a video display of the cab interior.

5.a
Packet Pg. 81
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Water City of Pacifica Contract 05/20 v1 00 5205
-3
(End of Appendix A)

5.a
Packet Pg. 82
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Appendix B to Contract

GENERAL CONDITIONS
City of Pacifica Contract 12/22 v1 00 5205 - 4
ARTICLE 1 TERMS OF PERFORMANCE

1.01 Construction Services Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and Owner regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall, whether oral or written, be a part of this agreement. The Agreement and other Contract Documents shall govern the Work described herein (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and Owner, and any proposal, with respect to the Work described herein.

1.02 No Modification or Waiver. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Owner and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents.

1.03 Performance of Work/No Assignment. Time is of the
essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by Owner, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Agreement. Contractor shall not contract any portion of the Work or otherwise assign the Agreement without prior written approval of Owner, and any assignment without Owner’s prior written approval shall be null and void. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) The Contractor shall permit Owner (or its designees) access to the work area, Contractor’s shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any Owner representative, or certification by any governmental entity, shall in no way limit Contractor’s obligations under the Contract Documents. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof. Owner shall have, at all times, set-off rights with respect to any payment and Contractor’s failure to perform the terms of the Contract Documents.

ARTICLE 2 LEGAL AND MISCELLANEOUS

2.01 Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which Owner shall make payment within thirty (30) days. Upon Owner’s written request, Contractor shall make available to Owner, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to Owner, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Agreement, and invoices, payrolls, timecards, records and all other data related to matters covered by the Agreement. Contractor shall furnish to Owner, its authorized agents, officers, or employees, such other evidence or information as Owner may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least thirty (30) years. Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of the Agreement shall have the same rights conferred to Owner by this section. Such rights shall be specifically enforceable.

2.02 Independent Contractor. Contractor is an independent Contractor and does not act as Owner’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that Owner provides to Owner employees including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor’s provision of Work not the means, methods, or scheduling of the Contractor’s Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other federal, state, or local taxes not specifically identified in the Contract Documents as Owner’s responsibility.

2.03 Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the Owner and each of its council members, officers, directors, representatives, agents, employees, and volunteers (Owner Indemnities), against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor’s negligence in performing the Work pursuant to the Contract Documents.

Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Agreement or other applicable law, shall be cumulative and not subject to limitation. Contractor’s obligations to defend, indemnify, and save harmless the Owner Indemnities are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

2.04 Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to Owner for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so, Contractor shall pay all of the Owner’s resulting claims, costs, losses and damages. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.

2.05 Compliance with Laws; Conflict of Interests. Contractor agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti-kick-back, collusion, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained to solicit or obtain the Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. Contractor shall not engage in unlawful employment discrimination including, but not limited to, discrimination based upon a person’s race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, sexual orientation, or sexual identity as prohibited by state or federal law.

2.06 Termination; Suspension; Disputes. Owner may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in

5.a
Packet Pg. 83
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek City of Pacifica Contract 05/20 v1 00 5205 - 5
whole or in part, for such periods of time as Owner may determine in its sole discretion. Owner will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor’s fault.

Owner will compensate Contractor for extra costs resulting from such directives only to the extent that Owner issues such directives for its convenience and not due to Contractor’s fault (but Owner shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for Owner’s convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor’s failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against Owner shall be submitted in writing to Owner, and shall be governed by Public Contract Code Sections 9204 and 20104 – 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein.

2.07 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in City of Pacifica, California.

Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities not party to the Agreement. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Owner’s issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.

2.08 Employee Wages; Records; Apprentices. Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm].

Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.

2.09 Mandatory Contractor and Subcontractor Registration.

Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

2.10 Worker’s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work.

2.11 Construction Performance Bond; Construction Labor
and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.

A. If Contract Sum under the Agreement exceeds (or is expected to exceed) $25,000, Contractor shall provide a construction performance bond in form attached hereto as Appendix D – Construction Performance Bond and a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix E – Construction Labor and Materials Payment Bond.

Contractor may not substitute cash in lieu of the required bond(s).

B. If the Agreement specifies performance retention, Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference).

2.12 Earthwork and Underground Facilities. If the Work
involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify Owner in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Section 7104 of the Public Contract Code. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and Owner (or a registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.

2.13 Public Records Act. Contractor is aware that this Agreement and any documents provided to the Owner may be subject to the California Public Records Act and may be disclosed to members of the public upon request. It is the responsibility of the Contractor to clearly identify information in those documents it considers tobe confidential under the California Public Records Act. To the extent that Owner agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

2.14 Claims.

A. Should any clarification, determination, action or inaction by Owner, Work, or any other event, in the opinion of Contractor, exceed the requirements of or not comply with Contract Documents, or otherwise result in Contractor seeking additional compensation in time or money or damages for any reason (collectively "Disputed Work"), then Contractor and Owner will make good faith attempts to resolve informally any and all such issues, claims and/or disputes. Before commencing the Disputed Work, or within seven Days after Contractor's first knowledge of the Disputed Work, whichever is earlier, Contractor shall file a written notice and cost proposal for the Disputed Work with City stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of Project Documents. If a written notice and cost proposal for Disputed Work is not issued within this time period, or if Contractor proceeds with the Disputed Work without first having given the notice required by this paragraph, Contractor shall waive its rights to further claim on the specific issue.

B. Owner will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of Project Documents, it shall so notify Owner, in writing, within seven Days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 Days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven Days and all justifying documentation within 30 Days will result in Contractor waiving its right to the subject claim.

C. Claim Format

1. A. Contractor shall submit the claim justification in the following format:

5.a
Packet Pg. 84
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek City of Pacifica Contract 05/20 v1 00 5205
-6
(a) Cover letter and certification;
(b) Summary of claim, including underlying facts, entitlement, schedule analysis, quantum calculations, Project provisions supporting relief;
(c) List of documents relating to claim including Specifications, Drawings/Plans clarifications/requests for information, schedules, notices of delay, cost calculations and any others;
(d) Chronology of events and correspondence:
(e) Analysis of claim merit;
(f) Analysis of claim cost; and
(g) Attach supporting documents referenced in paragraph

2.14,C.1(c), above.

D. Required Provisions on Contract Claim Resolution

1. Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 201014, et seq., specifies required provisions on resolving contract claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision violates such statutes, the applicable statute controls.
(End of Appendix B)

5.a
Packet Pg. 85
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Appendix C to Contract

INSURANCE
City of Pacifica Contract 12/22 v1 00 5205 - 7

1. Commercial General Liability Insurance, written on an “occurrence” basis with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than $5,000,000 general aggregate and $5,000,000 each occurrence. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the Owner.

2. Business Automobile Liability Insurance using ISO Business Auto Coverage form CA 00 01 (or equivalent), with limits not less than $5,000,000 each accident including coverage for owned, non-owned and hired vehicles. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the Owner.

3. Workers’ Compensation Employers’ Liability limits not less than $1,000,000 each accident, $1,000,000 per disease and $1,000,000 aggregate. Contractor’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation against the Owner, its council members, officers, directors, officials, agents, employees and volunteers. In the event Contractor is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California.

4. Builder’s Risk Insurance including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the full replacement value on an "all-risk" or special causes of loss basis, including earthquake and flood (without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the Work, excluding the cost of excavations, of grading and filling of the land, and except that such insurance may be subject to deductible clauses not to exceed $10,000 for any one loss.

The Contractor shall be the named insured, and the Owner and subcontractors of any tier shall be named as insureds. Such insurance will not cover loss or damage to Contractor’s equipment, scaffolding or other materials not to be consumed in the construction of the Work. The insurer shall waive all rights of subrogation against Owner.

5. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Owner Indemnities as Additional Insureds. The requirements for coverage and limits shall be the greater of either the minimum coverage and limits specified in this Agreement or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

6. Insurance policies in this Appendix C shall contain an endorsement containing the following terms:

6.01 Owner Indemnities shall be named as Additional Insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and Additional Insured. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Owner has received a waiver of subrogation endorsement from the insurer.

6.02 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

6.03 Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to City of Pacifica thirty (30) days in advance of the effective date thereof.

6.04 Contractor insurance shall be primary insurance as to Owner and no other insurance or self-insured retention carried or held by any named or Additional Insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named insured.

6.05 Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation described in clause 6.03 above. Contractor shall furnish the Owner with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Owner before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Owner reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

7. All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for workers’ compensation) must have an A. M. Best Company rating of A-VII or better. Required minimum amounts of insurance may be increased should conditions of Work, in the opinion of Owner, warrant such increase. Contractor shall increase required insurance amounts upon direction by Owner.

8. The insurance coverage limits may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Owner and Additional Insureds, to the extent required by this Agreement, before the Owner’s insurance or self-insurance may be called upon to protect Owner as a named insured.

9. All self-insured retentions (SIR) must be disclosed to Owner for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Contractor/named insured or Owner.

10. Contractor agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this Agreement that is required of Contractor including, without limitation, the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by Contractor shall agree to be bound to Contractor and Owner in the same manner and to the same extent as Contractor is bound to Owner under this Contract and its accompanying documents. Subcontractors shall further agree to include these same provisions with any lower tier subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request. Contractor shall require all subcontractors to provide a valid Certificate of Insurance and the required endorsements included in the subcontract agreement, and will provide proof of compliance to the Owner prior to commencement of any work by the subcontractor.

11. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. (End of Appendix C)

5.a
Packet Pg. 86
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Appendix D to Contract

CONSTRUCTION PERFORMANCE BOND
City of Pacifica Contract 12/22 v1 00 5205 - 8
KNOW ALL PERSONS BY THESE PRESENTS:

12. THAT WHEREAS, City of Pacifica, a political subdivision of the State of California (Owner) has awarded to KONE, INC, as Principal, a Purchase Order Agreement, dated the 15th day of July, 2025 (Agreement), titled THE CCWRP ADMIN BUILDING ELEVATOR
MODERNIZATION PROJECT in the amount of $205,232, which
Agreement is by this reference made a part hereof, for the work described as follows:

13. The CCWRP Admin Building Elevator Modernization Project includes: installing new wiring, conduit, and duct, installing new car door panel, new door operator, restrictive clutch, car door track, gate switch, car hangers, door panel adapters, OEM interlocks, and hoistway pick up rollers. Installing new spring dampened roller guide shoes, safety valves, and submersible power unit and other miscellaneous work, described in Appendix A Scope of Work.
.

14. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;

15. NOW, THEREFORE, we, the undersigned Principal and
_________________________ as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

16. THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.

17. No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.

18. Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:

18.01 Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or

18.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.

19. Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others. Surety may not use Contractor to complete the Agreement absent Owner’s written consent.

20. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.

21. Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.

22. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands
this 15th day of July, 2025.

CONTRACTOR AS PRINCIPLE
Company: KONE, INC. (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
_____________________________________________
City, State, Zip Code
SURETY
Company: (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
_____________________________________________
City, State, Zip Code

5.a
Packet Pg. 87
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Appendix E to Contract

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
City of Pacifica Contract 12/22 v1 00 5205 - 9
KNOW ALL PERSONS BY THESE PRESENTS:

23. THAT WHEREAS, the City of Pacifica, a political subdivision of the State of California (Owner) has awarded to KONE, INC., as Principal, a Construction Services Agreement, dated the 15th day of July, 2025 (Agreement), titled THE CCWRP ADMIN BUILDING ELEVATOR MODERNIZATION PROJECT located at 700 Pacific
Coast Highway, Pacifica, CA 94044 in the amount of $205,232, which Agreement is by this reference made a part hereof, for the work described as follows:

The CCWRP Admin Building Elevator Modernization Project includes:
installing new wiring, conduit, and duct, installing new car door panel, new door operator, restrictive clutch, car door track, gate switch, car hangers, door panel adapters, OEM interlocks, and hoistway pick up rollers. Installing new spring dampened roller guide shoes, safety valves, and submersible power unit and other miscellaneous work, described in Appendix A Scope of Work.
.

24. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

25. NOW, THEREFORE, we, the undersigned Principal and
______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM Two Hundred Five thousand and Two Hundred Thirty-Two Dollars ($205,232), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

26. THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

27. This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

28. Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.

29. Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with the Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

30. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this 15th day of July, 2025.

CONTRACTOR AS PRINCIPLE
Company: KONE, INC. (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
_____________________________________________
City, State, Zip Code
SURETY
Company: (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
_____________________________________________
City, State, Zip Code
(End of Appendix E)

5.a
Packet Pg. 88
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Appendix F to Contract

SUPPLEMENTAL CONDITIONS
City of Pacifica Contract 12/22 v1 00 5205 - 10

1. Plans
Project plans will be required for this Project.

2. Shop Drawings
Shop drawings will be required on this Project.

3. Dust Control and Cleanup
During the construction period, the dust level shall be kept at a minimum. The premises shall also be kept free from the
accumulation of waste material or rubbish. Failure to meet this requirement may result in project shutdown.

The final cleaning shall leave the facilities ready for use with no additional cleanup. Use no cleaning materials which will contaminate the ocean. At the completion of the contract, the Contractor shall remove all remaining litter, debris, materials, temporary structures and equipment from the site. The premises shall be left in a clean and orderly condition acceptable to the City Engineer.

In the event Contractor leaves the job overnight in an unclean condition, City may take action to provide necessary requirements and will deduct the cost of doing so from subsequent Contractor payments.

4. Public Safety
Contractor shall be responsible during all phases of work to provide for public safety and convenience. It shall be the Contractor’s responsibility to provide adequate provisions to assure the safety of the general public throughout the duration of the project, including periods when no work is being performed.

The site shall be thoroughly fenced-off when work is not actively in progress, and lighted barricades shall be placed around any obstructions not encompassed by this fence.

In the event Contractor leaves the job overnight in an unsafe condition, or fails to provide for public safety and convenience, City may take action to provide necessary requirements and will deduct the cost of doing so from subsequent Contractor
payments.

All applicable safety regulations shall be complied with to protect the public and the Contractor’s employees. Strict compliance with Cal/OSHA safety requirements in doing the work is required.

5. Prevailing Wage Rates
The Contractor shall post, in a location on the job site, the prevailing wage rate Determination which is applicable to this project.

6. Discrimination
No discrimination shall be made in the employment of persons upon public works because of the race, sex, age, color, national origin, creed, sexual orientation or marital status of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Section 1735 of the California Labor Code.

7. Employment of Apprentices
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1967) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any
subcontractor under him.

The Contractor and any subcontractor shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

8. Materials and Supplies
All materials and supplies called for by contractor’s scope and proposal and shall be new unless otherwise specified.

9. Protection
The Contractor shall provide adequate protection for the site and surroundings throughout the work. All damage done to existing property shall be neatly repaired or replaced at the Contractor’s expense. Work shall be executed in a careful and orderly manner with the least possible disturbance to public and occupants of the area.

The Contractor shall conduct his operations in such a manner as to avoid damage to existing improvements and adjacent property.

The Contractor shall, at its sole cost and expense, repair or replace any damage occurring from his operations to pursue completion of the contract. The repairs and replacement shall be to the satisfaction of the Engineer and according to City standards and practices. The minimum repair or replacement shall be equal to surrounding existing conditions or better, and the Engineer’s decision as to acceptable repair or replacement shall be final. The burden of proof as to whether there was existing damage by the Contractor shall rest with the Contractor.

The site shall be maintained in a neat and orderly manner at all times. All existing facilities shall be protected and, if they are damaged or destroyed by the Contractor, shall be restored or replaced in kind at his expense, to their original conditions, or better, as approved by the City or other owner thereof. The site shall be secured at the conclusion of each work day.

10. Inspections
Inspectors, employed by the City, shall be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work on the project and to the preparation, fabrication or manufacture of the materials to be used. An inspector is not authorized to revoke, alter or waive any requirements of the specifications. He is authorized to call the attention of the Contractor to any failure of the work or materials to conform to the specifications and contract. He shall have the authority to reject materials or suspend the work until any question at issue can be referred to and decided by the Engineer.

An inspector will in no case act as foreman or perform other duties for the Contractor, nor interfere with the Contractor’s management of the work.

In case the Contractor refuses to suspend operations on verbal order, the inspector giving such verbal order will then issue the order in writing. After placing the order in the hands of the person in charge of the work for the Contractor, the inspector will immediately leave the job. Work done during the absence of the inspector will not be accepted or compensated.

The Contractor shall prosecute work only in the presence of an authorized inspector or authorized representative of the Engineer, and any work done without such inspection shall be at the Contractor’s risk and be subject to rejection.

The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work, as performed, is

5.a
Packet Pg. 89
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Appendix F to Contract

SUPPLEMENTAL CONDITIONS
City of Pacifica Contract 05/20 v1 00 5205 - 11
in accordance with the requirements and intent of the
specifications and contract. The Contractor shall at all times and for any purpose permit the Engineer and any of his
representatives and representatives of the City to have access to the work and the premises used by the Contractor.

11. Defective Materials
Any materials condemned or rejected by the Engineer as not meeting the requirements of these specifications may be branded or otherwise marked by the Engineer and shall, on demand, be at once removed by the Contractor to a satisfactory distance from the work.

If the Contractor does not remove such material within a reasonable time, fixed by written notice, the City may remove and store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal and storage within ten days thereafter, the City may, upon ten days’ written notice, sell such materials at auction or at private sale. The City will account for the net proceeds thereof after deducting all the costs and expenses that should have been borne by the
Contractor.

No partial payment, inspection, taking possession of, or other act made or done by the Engineer or the City with respect to the work prior to the final completion and acceptance thereof shall relieve Contractor from performing the Work in accordance with this contract, and shall not affect or prejudice the right of the Engineer or the City to reject any defective work or material or to require the Contractor complete fulfillment of all the provisions of the contract.

If the Engineer deems it expedient and not in the best interests of the City to correct work injured or done not in accordance with the contract, the defective work may be accepted subject to an equitable deduction from the contract price which may be made therefor by the City upon certificate from the Engineer.

12. Temporary Suspension of Work and Extension of Time for Performance
When conditions at the site of the proposed work are
unsatisfactory for the prosecution of a part or all of the work as adjudged by the Contractor and he is forced to suspend such work until reasonable conditions for its prosecution exist, he may request, in writing, that the Engineer authorize such suspension of work. Without the Engineer’s approval, any suspensions violate this specification. Unsatisfactory conditions may include, but not limited to: inclement weather, excessively high surf and/or tides, strikes, excessive high or low ambient temperature and inability of delivery of materials by suppliers for good reason.

When, in the opinion of the Engineer, suspensions of work are beyond the control of both the Contractor and the City (including, without limitation, adverse weather, conditions, earthquakes, force majeure events), the time of performance as set forth in the Agreement will be extended by the Engineer, in writing, by a period of time equal to that lost due to the delay occasioned by the allowed suspension, all at no additional cost to the City and without waiver of remedies for nonproliferation of the work. Such allowed suspension of work shall not relieve the Contractor of his contractual responsibilities.

13. Laws and Regulations
The Contractor shall comply with all local, regional, State and Federal laws and regulations at all times. In addition, the Contractor shall meet the standards set by the Air Quality Act for Noise and Pollution. If there is any conflict between these specifications and provisions and any laws or regulations, the matter shall be brought to the attention of the Engineer immediately.

14. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.

Each internal combustion engine, used for any purposes on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

15. Air Pollution Control
The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract, involving any air pollution control rules, regulations, ordinances and statutes specified in Section 11017 of the Government Code.

16. Water Pollution
General:

Contractor shall take all measures necessary to prevent debris or contamination from entering the ocean. Best Management
Practice (BMP) shall be enforced at all times.

Correction of Inadequate Pollution and Erosion Control
Measures:

If the measures being taken by the Contractor are inadequate to control water pollution effectively, the City Engineer may direct the Contractor to revise operations. The directions will be in writing and will specify the items of work for which the Contractor’s water pollution control measures are inadequate. No further work shall be performed on those items until the water pollution control measures are made adequate.

Abatement of Other Water Pollution:

The cleanup of water pollution by chemicals, petroleum products, cement or by the escape of any other material that is harmful or potentially harmful, from the work site as a result of the Contractor’s operations, into drainage systems or the ocean shall be the financial responsibility of the Contractor. The means of cleanup and the party or parties to be engaged to perform the cleanup work shall be determined by the Engineer in consultation with appropriate hazardous materials, pollution control, safety, health and wildlife authorities and officials. The Contractor shall immediately carry out cleanup orders issued to him through or by the Engineer and shall make the work site accessible to personnel and equipment from outside pollution control resources called in by the Engineer. The cost of cleanup action called for by the Engineer and performed by outside resources shall be deducted from any monies due or become due the Contractor.

Compensation:

Full compensation for conforming to the requirements of this section shall be considered as included in the Contract Sum paid for the various items of work and no additional compensation will be allowed therefor.

17. Environmental Protection Requirements
Source Reduction and Recycling
The California Integrated Waste Management Act of 1989 (AB 939) mandates that 25 percent of the waste stream in the City of Pacifica be diverted from landfill by 1995 and that this diversion increase to 50 percent by 2000. AB 939 also required the City of Pacifica to prepare and adopt a Source Reduction and Recycling

5.a
Packet Pg. 90
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Appendix F to Contract

SUPPLEMENTAL CONDITIONS
City of Pacifica Contract 05/20 v1 00 5205 - 12
Element (SRRE) outlining recommended programs to meet the above noted diversion goals. One of the approved SRRE
programs is to require the utilization of recycled construction materials for City projects. All work performed under this contract and all contractors and their associates and/or employees shall utilize recycled materials and recycle construction materials where feasible. Construction/Demolition Recycling Resources Lists are available from the Pacifica Planning Department and the California Integrated Waste Management Board.

Contractor shall reuse or recycle any useful construction materials generated during the project.

Disposal
At the end of each working day, the Contractor shall collect all scrap, debris and waste material and dispose of such materials properly.

Hazardous Material/Waste Management
A. Storage
The Contractor shall label and store all hazardous
materials, such as pesticides, paints, thinners,
solvents, and fuels; and all hazardous wastes, such as
waste oil and antifreeze; in accordance with the City of Pacifica Hazardous Materials Storage Ordinance and
all applicable State and Federal regulations.

The Contractor shall store all hazardous materials and
all hazardous wastes in accordance with secondary
containment regulations, and it is recommended that
these materials and wastes be covered, as needed, to
avoid potential management of collected rain water as
a hazardous waste.

The Contractor shall keep an accurate, up-to-date
inventory, including Material Safety Data Sheets
(MSDSs), of hazardous materials and hazardous
wastes stored on-site, to assist emergency response
personnel in the event of a hazardous materials
incident.

B. Disposal
The Contractor shall use secondary containment, such
as a drip pan, to catch leaks or spills any time that
vehicle or equipment fluids are dispensed, changed or
poured.

The Contractor shall keep a stockpile of spill cleanup
materials, such as rags or absorbents, readily
accessible on site.

The Contractor shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the
waste and cleanup materials as hazardous waste, as
described in the section above.

The Contractor shall not wash any spilled material into streets, gutters, storm drains or creeks and shall not
bury spilled hazardous materials.

The Contractor shall report any hazardous materials
spill to the City of Pacifica Building Division at (650) 738-7344.

The Contractor shall inspect vehicles and equipment
arriving on site for leaking fluids and shall promptly
repair leaking vehicles and equipment. Drip pans shall
be used to catch leaks until repairs are made.

C. Activity-Specific Requirements
The following requirements shall be met on all projects within the City of Pacifica that include the listed
activities.

Concrete, Grout and Mortar Waste Management
Material Management:

The Contractor shall store concrete, grout,
and mortar away from drainage areas and
ensure that these materials do not enter the
storm drain system or the ocean waters.

Concrete Truck/Equipment Wash Out:

The Contractor shall not wash out concrete
trucks or equipment into streets or gutters.

The Contractor shall perform washout of
concrete trucks or equipment off-site or in a
designated area on-site where the water will
flow onto dirt or into a temporary pit in a dirt
area. The Contractor shall let the water
percolate into the soil and dispose of the
hardened concrete in a trash container. If a
suitable dirt area is not available, then the
Contractor shall collect the wash water and
remove it off-site.

18. Layout of Work
Layout of work shall be done by the Contractor. Contractor shall mark the work area limits and facilities to be removed and replaced. All layout shall be approved by the City.

19. Substitutions
Substitutions in material or methods of construction, when necessary because of material shortages or in order to avoid serious delay may be made only after they are approved by the City Engineer in writing.

20. Traffic Control and Public Access
The Contractor shall be responsible for proper traffic control to assure public safety and convenience. Continuous safe public access shall be maintained to residential structures at all times.

21. Material and Workmanship
All materials and workmanship are to be the best of their respective kinds. The terms “or equal,” “approved,” “selected” and so forth shall mean as approved, etc. by the City Engineer. All materials and equipment used should be in accordance with the manufacturer’s printed directions.

Use adequate numbers of skilled workmen who are thoroughly trained and experienced in necessary crafts and who are completely familiar with the specified requirements and methods needed for proper performance of work specified. Use equipment adequate in terms of size, capacity and numbers to accomplish work in a timely manner.

22. Drug-Free Workplace
The Contractor is required to comply with the Drug-Free Workplace Act of 1988. The requirements of the Drug-Free

5.a
Packet Pg. 91
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek Appendix F to Contract

SUPPLEMENTAL CONDITIONS
City of Pacifica Contract 05/20 v1 00 5205 - 13
Workplace Policy are described in City of Pacifica Administrative Policy Number 46.

23. Harassment and Discrimination
The Contractor is required to comply with City of Pacifica Administrative Policy Number 33, Harassment and Discrimination in the Workplace.

24. Payroll Records
Contractor and each Sub-Contractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him in connection with the public work. All payroll records shall be certified and maintained by the Contractor and be made available to auditors and managers from the City upon request. (End of Appendix F)

5.a
Packet Pg. 92
Attachment: Attachment A: CCWRP Elevator Modernization Project_Pacifica KONE Agreement (5991 : Resolution to Approve Calera Creek

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/11/2025
1 SUBJECT:

Adopt Resolution Updating List of Projects Funded by 2017 Wastewater Revenue Bonds RECOMMENDED ACTION:

Move to Adopt Resolution to Update 2017 Wastewater Revenue Bond (Installment Sale Agreement Appendix B)
STAFF CONTACT:

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

The City of Pacifica Financing Authority (the “Authority”), which is a joint powers authority formed in 1996 between the City and the Redevelopment Agency, has previously issued its 2017 Wastewater Revenue Bonds (“2017 Bonds”) in the principal amount of $22,100,000.

Proceeds of the 2017 Bonds were authorized to be spent on a wet weather flow equalization (“EQ”) basin and associated improvements, including a 2.1 million gallon EQ basin near the Linda Mar Pump Station, two diversion structures, a small equipment building, and 170 lineal feet of sewer pipelines and 575 lineal feet of sewer force main.

The Wet Weather Equalization Basin Project has been completed, for a total cost or approximately $19 million, leaving approximately $4.5 million currently remaining in the Project Fund that was established for the 2017 Bond proceeds. As provided in the financing documents relating to the 2017 Bonds, amounts remaining on deposit in the Project Fund may be expended for other improvements to the Wastewater System.

City staff recommends that the remaining proceeds of the 2017 Bonds be authorized to finance improvements to the Anza Pump Station, which is a stormwater drainage pump station by definition and listed in the Wastewater System description (Attachment 2) from the 2017 Wastewater Revenue Bond Installment Sale Agreement. On March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at Pacifica State Beach, which caused significant damage, threatening the safety of people and properties within the watershed due to the risk of flooding without an operational pump station. On April 8, 2020, 6 Packet Pg. 93
Pacifica City Council 2
August 11, 2025
the City Manager, acting in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency, which was ratified by the City Council on April 13, 2020. In response, the City contracted engineering services to assist with the temporary repair of the pump station. Active construction on the permanent repair solution began on May 1, 2022, and was substantially completed in November of 2024. Costs of the repair have largely been covered by insurance, but approximately $2.3 million of the total cost remained unfunded and needed to be paid from other sources. City staff recommends using a portion of the remaining 2017 Bond proceeds to cover this cost.

The City of Pacifica is authorized under the 2017 Bond documents to amend the description of the Projects for which bond proceeds can be expended to include additional Wastewater System projects not originally included, and to prepare detailed plans and specifications for such additional projects.

Attachment 1 to this staff report is a document labeled “Appendix B / Description of Projects.” This is a draft update to “Appendix B” to the Installment Agreement that was entered into in connection with the 2017 Bonds. For the reasons summarized on Appendix B, the Public Works Director has determined that each of the additional Wastewater System projects are authorized for the expenditure of bond proceeds. If the final project expenditures are less than originally anticipated, the remaining funds will be used to address capital improvements necessary to address other wastewater CIP projects listed in Appendix B.

City staff has been working with the City Attorney’s Office as well as bond counsel in preparing the amendment to Appendix B (Attachment 1). As a clarification, the listed projects in Appendix B are already authorized under the 2017 Bond documents. The purpose of amending Appendix B is to provide and include enough potential projects on the list to fully expend the remaining proceeds. By amending additional projects to Appendix B, it does not obligate the city to use the bond proceeds on any particular listed project.

ALTERNATIVE ACTION:

Council may choose not to approve the resolution to update the list of projects in the 2017 Wastewater Revenue Bond Installment Sale Agreement Appendix B; however, this action would prevent the City to draw down on the remaining bond funding to reimburse the Wastewater Enterprise Fund for the expenses related to the Anza Pump Station Repair Project that was not covered by insurance. Staff does not recommend this alternate action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• “Stewardship of City Infrastructure, street, and facilities - This action will improve the Wastewater System infrastructure to mitigate potential impacts of flooding including threatening the safety of residents and damaging private property or critical public infrastructure.

FISCAL IMPACT:

There is no additional fiscal impact as a result of adopting the resolution. The fiscal impacts of the Anza Pump Station Repair Project (C036) are explained in a separate report to the City Council on the November 25, 2024, City Council meeting agenda titled “Additional Budget Authorization for Anza Pump Station Project for Substantial Completion.” Staff recommends allocating the remaining 2017 Bond proceeds to cover the approximately $2.3 million net cost of the Anza Pump Station, not covered by insurance, enabling the City to reimburse the 6 Packet Pg. 94
Pacifica City Council 3
August 11, 2025
Wastewater Enterprise Fund for this expenditure.

ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:

Attachment 1 - 2017 Sewer Revenue Bond Installment Sale Agreement Appendix B (PDF) Attachment 2 - Wastewater System description from 2017Bond-FOS-pgs18-19 (PDF) 6 Packet Pg. 95
Pacifica City Council 4
August 11, 2025
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA TO UPDATE 2017

WASTEWATER REVENUE BOND INSTALLMENT SALE AGREEMENT APPENDIX B ______________________________________________________
WHEREAS, the City of Pacifica Financing Authority (the “Authority”), which is a joint powers authority formed in 1996 between the City and the Redevelopment Agency, has previously issued its 2017 Wastewater Revenue Bonds (“2017 Bonds”) in the principal amount of $22,100,000, the proceeds of which were authorized to be spent on a wet weather flow equalization (“EQ”) basin and associated improvements, including a 2.1 million gallon EQ basin near the Linda Mar Pump Station, two diversion structures, a small equipment building, and 170 lineal feet of sewer pipelines and 575 lineal feet of sewer force main; and WHEREAS, the Wet Weather Equalization Basin Project has been completed, for a total cost of approximately $19 million, leaving approximately $4.5 million currently remaining in the Project Fund that was established for the 2017 Bond proceeds; and WHEREAS, as provided in the financing documents relating to the 2017 Bonds, amounts remaining on deposit in the Project Fund may be expended for other improvements to the Wastewater System, and City staff has recommended that the remaining proceeds of the 2017 Bonds be authorized to finance improvements to the Anza Pump Station to the extent the costs of such improvements are not covered by insurance; and WHEREAS, the City is authorized under the 2017 Bond documents to amend the description of the projects for which bond proceeds can be expended to include additional Wastewater System projects not originally identified, and to prepare detailed plans and specifications for such additional projects (see that certain Installment Sale Agreement dated as of June 1, 2017, between the City and the Authority, herein the “2017 Installment Sale Agreement,” Section 3.5) ; and
WHEREAS, to that end the City Council intends this Resolution to amend the description of projects identified on Appendix B to the 2017 Installment Sale Agreement, for the purpose of revising and expanding the description of projects (within the definition of “Wastewater System” for the 2017 Bonds) for which the remaining proceeds of the 2017 Bonds are authorized to be expended;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica as follows:

Section 1. The City Council hereby approves the amendment to the description of Projects authorized to be funded with proceeds of the 2017 Bonds by amending Appendix B to the 2017 Installment Sale Agreement, which shall read in its entirety as set forth in the attachment to this Resolution.
6 Packet Pg. 96
Pacifica City Council 5
August 11, 2025
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 11th day of August 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 Marchetta Kenyon, City Attorney 6 Packet Pg. 97

APPENDIX B

DESCRIPTION OF PROJECTS
The Project consists of the following improvements to the Wastewater System, subject to the right of the City to modify this list as provided in Section 3.5:

Initial Project
The Projects consist of the design and construction of a wet weather flow equalization (EQ) basin and associated improvements, which is intended to mitigate sanitary sewer overflows ("SSOs") from the City’s wastewater collection system and reduce peak wet weather flows into the City's wastewater treatment plant.

The Projects consist of a 2.1 million gallon rectangular-shaped EQ basin to be located in the vicinity of the Linda Mar Pump Station in the City, two diversion structures to passively divert excess flows, and a small building to house electrical and other equipment, including a ventilation and odor control system and a potable water supplied cleaning system. In addition, 170 lineal feet (LF) of new gravity sewer conveyance pipelines and 575 LF of new force main sewer conveyance pipelines will be constructed to connect the EQ basin to existing sewer main lines that are part of the Wastewater System. The EQ basin will divert excess sanitary sewer flows for temporary storage in the basin during large storm events. Following the storm event, the basin contents will be pumped to the Linda Mar Pump Station and Calera Water Recycling Plant for processing. The pumps and pipes that are contemplated as part of the Projects are sized to empty the EQ basin in one to two days. All evaluations and reports required by the California Environmental Quality Act ("CEQA") for construction of the Projects have been completed, and the appeal period has expired. On May 22, 2017, the City Council awarded a bid for the construction of the Projects to Sierra Mountain Construction, Inc., of Sonora, California. The Projects are currently anticipated to be completed by October 2018.

Additional Projects
The Anza Pump Station Repair Project (C0036) the scope of work consists of installation of the pumps, structural, process mechanical, electrical and control systems, three natural gas engines, and other appurtenances work related to the pump station.

Pump Station SCADA and PLC Upgrade (C0046) the scope of work consists of upgrade the Supervisory Control And Data Acquisition (SCADA) and Programmable Logic Controller (PLC) Systems at the Linda Mar Stormwater Pump Station and Anza Stormwater Pump Station.

Linda Mar Stormwater Pump Station Rehabilitation and Repair Project (C0047) the scope of work consists of evaluate the storm drainage system in the Linda Mar Pump Station which include replacement of existing pump system and other appurtenances affecting the pump station.

Sewer and stormwater drainage pump stations hydraulic pipe cleaning-combination cleaner vehicle purchase for on-going maintenance of the sewer and stormwater drainage system pump station wet-wells.

As provided in the Indenture and this Installment Sale Agreement, amounts on deposit in the Project Fund not used for the above-described Projects may be expended for other improvements to the Wastewater System.

6.a
Packet Pg. 98
Attachment: Attachment 1 - 2017 Sewer Revenue Bond Installment Sale Agreement Appendix B (5989 : Adopt Resolution to Updating List of -18-
Public Works Department Wastewater Division. The City’s Wastewater Division consists of two sections: Plant Operation and Collection System. The Plant Operation staff performs operations and maintenance at the Calera Creek Water Recycling Plant. The Collection System staff performs operations and maintenance of the collection system.

The Wastewater System is operated by the City as an enterprise fund under the authority of the City Council. The Wastewater System is administered by the Director of Public Works who provides management oversight support and direction for all operations, including coordination and evaluation of programs undertaken by Wastewater Division and preparation and monitoring of operating and capital budgets. As of June 30, 2016, the Wastewater Department Division consisted of 24 full-time equivalent employees (“FTE”), which is equivalent to approximately 12.5% of the total number of City FTE employees as of such date.

City Employee Pension Plans
The City provides health and retirement benefits to all full-time employees of the Wastewater System, the costs of which are reflected in the operating budgets of the Wastewater System. Retirement benefits are provided through a contract with the California Public Employees’ Retirement System with all Wastewater System employees covered under the Miscellaneous Plan. See APPENDIX B for a summary of the City’s pension and other postemployment benefits.

THE WASTEWATER SYSTEM
Wastewater Facilities and Operations
General. The Wastewater System consists of the sanitary sewer collection system (96 miles of gravity pipeline and 4 miles of force mains), and the Calera Creek treatment plant and disposal facilities. The Wastewater System provides collection, treatment and disposal of all residential, and commercial sewage in the City service area. Facilities specifically include the following:
• Calera Creek Water Recycling Plant (the “Calera Creek Plant” or “CCWRP”), • sewage and storm water drainage pump stations, and
• 100 miles of sanitary sewers.

The Calera Creek Water Recycling Plant. The Calera Creek Plant began operations in 2000 and consists of a sequencing batch reactor biological treatment process, auto-thermal thermophylic aerobic digestion solids treatment process, sand filtration, and ultra-violet light for a final disinfection process. The Calera Creek Plant is controlled by a supervisory control and data acquisition system and the daily operators take and test samples at an on-site State certified lab to determine the operational effectiveness are the various processes. The Calera Creek Plant has one of the most stringent permits in California and there were no violations of this permit in 2016.

The Calera Creek Plant was designed with the capacity to treat a daily dry weather wastewater flow of 4 million gallons per day (“MGD”) with a peak daily capacity of approximately 20 million gallons (“MG”). The average daily demand on the Calera Creek Plant in calendar 2016 was 2.65 MGD. The peak daily wastewater flow load on the treatment plant

6.b
Packet Pg. 99
Attachment: Attachment 2 - Wastewater System description from 2017Bond-FOS-pgs18-19 (5989 : Adopt Resolution to Updating List of -19-
was 18.83 MG which occurred on March 13, 2016 due to a storm in the area. The month that historically has the highest average daily flow is January, and in calendar year 2016 the average daily wastewater flow in that month was 4.05 MGD. For calendar year 2017 to date, the peak month flow has been March, with an average daily wastewater flow of 5.63 MGD.

The City’s Sewer Maintenance Program. The Collection System staff manages an ongoing sewer system maintenance program in compliance with the City’s SSO Reduction Plan. The SSO Reduction Plan was developed for the City by RMC Engineering and the information from that plan is incorporated in a Computerized Asset Management/Maintenance System (the “CMMS”). The data that is aggregated in the CMMS is used to update scheduled cleaning of the Wastewater System and to schedule any needed repairs.

Sewer Pipe Inspections and Repairs. The City has implemented a number of measures to ensure that the Wastewater System operates and is maintained is good working condition, including the following:
• In-house Inspection Program: This program was established to identify sources of potential overflows and infiltration and inflow. Since the inspection program was implemented, the City has inspected over 96 miles of sewer mains, or approximately 100% of the sanitary sewer collection system. • Sewer Repair Crews: The Collection System Division has a regular sewer repair crew that performs spot repairs of main lines identified as category four or five defects. In 2016 the Collection System Division performed over 35 spot repairs and main line replacements with this in-house crew. • Chemical Root Control Program: The City administers a program to minimize major root intrusion issues related to the Wastewater System. • Fats, Oils and Grease (“F.O.G.”) and Source Control Programs:

Wastewater Department staff inspects the food establishments and F.O.G. producers in the City approximately once or twice a year to confirm compliance with City ordinances and to require upgrades where needed.

Any establishments identified as not in compliance are sent a formal letter requiring them to come into compliance or face fines.
• Private Sewer Lateral Ordinance: Places the responsibility for maintaining and upgrading individual building sewer laterals with property owners, and requires a condition assessment and potential replacement of the sewer lateral at a transfer of property event, significant structure remodel, addition of drain or fixture, or a change in water services. Source control staff performed over 253 construction inspections of private sewer lateral replacements in 2016 and many were replaced as a result of this ordinance.

Wastewater System Power Providers. The Calera Creek Plant, wastewater pump stations, and all other facilities are supplied regular power by Pacific Gas & Electric Company (“PG&E”). In addition, the Calera Creek Plant and the pump stations have emergency power generators that can provide uninterrupted power to fully operate the facilities when PG&E power has failed. The generators at Calera Creek Plant, Linda Mar Pump Station, Sharp Park Pump Station, and Skyridge Pump Station are fueled by diesel. The generators at Rockaway Pump Station and Brighton Pump Station are fueled by natural gas. Anza Stormwater Pump

6.b
Packet Pg. 100 Attachment: Attachment 2 - Wastewater System description from 2017Bond-FOS-pgs18-19 (5989 : Adopt Resolution to Updating List of

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/11/2025
1 SUBJECT:

Resolution to approve a contract with Hinderliter, de Llamas & Associates (HdL Companies) for Business License, Transient Occupancy Tax, and Short-Term Rental Services.

RECOMMENDED ACTION:

Adopt the attached resolution to approve the renewal of the consultant services agreement with HdL Companies to continue providing business license administration, Transient Occupancy Tax (TOT), and other municipal revenue compliance services, and authorize the City Manager to execute the agreement and any necessary amendments.

STAFF CONTACT:

Yulia Carter, Assistant City Manager
(650) 501-6004
[email protected]
SUMMARY:

HdL Companies has been providing the City with specialized revenue management services since 2021, including business license administration, TOT compliance, and short-term rental (STR) tax enforcement. HdL’s turnkey system, deep expertise in municipal finance, and exceptional customer service have allowed the City to modernize its revenue operations, improve compliance, and reduce internal workload.

The proposed agreement extends HdL’s services for an additional two years, with updated terms and cost structure. Given the complexity of tax administration, ongoing staffing constraints, and the City’s fiscal sustainability goals, staff recommends approval of the contract renewal.

BACKGROUND/DISCUSSION:

HdL Companies was founded in 1983 and is a recognized industry leader in local government revenue enhancement, working with over 380 California agencies. HdL developed California’s first computerized sales tax management system and played a key role in legislation that allowed cities to independently verify state allocations. HdL’s business licensing and revenue solutions are used by more California municipalities than any other firm, and they maintain a 99%+ client retention rate.

In 2021, the City expanded its contract with HdL to include business license tax and TOT management services, following the implementation of STR regulations and growing concerns over tax compliance and administrative capacity. HdL’s services include the following:
• Full-service business license administration
• Online tax filing and renewal portal (24/7)
7 Packet Pg. 101
Pacifica City Council 2
August 11, 2025
• Customer service support (phone/email)
• Compliance audits and revenue recovery
• Taxpayer outreach and education
• Monthly and annual reporting
• TOT and STR assessment collection support
Since then, HdL has significantly improved the City’s business license database integrity, streamlined renewal processing, and supported compliance communications. The STR compliance work by HdL has also positioned the City to better capture revenue in this sector.

HdL Business License Compliance and Revenue
Over the past several years, HdL has played a key role in supporting the City of Pacifica’s business license tax program through ongoing administrative support, compliance services, and data analysis. Although, the FY 2024-25 data is still being reviewed and analyzed, between FY2021-22 and FY2023-24, HdL-assisted compliance and discovery efforts resulted in the identification and registration of hundreds of previously unlicensed businesses, including 493 residential rentals (both long-term and short-term rentals), and 109 independent contractors.

These efforts contributed to 18% or over $100,000 of increased revenue and broader compliance following the COVID-19 pandemic recovery. Discovery and collection services alone have contributed over $200,000 in cumulative revenue since FY2021-22.

While compliance revenue is expected to gradually taper as businesses achieve full compliance, HdL’s partnership has positioned the City to better manage its licensing program, respond to evolving business trends, and consider longer-term modernization of its tax structure in the future to evaluate potential benefits of simplification, equity across business categories, and regional competitiveness.

HdL Transient Occupancy Tax and Short-Term Rental Compliance and Revenue HdL has been providing full-service Transient Occupancy Tax (TOT) administration for the City’s hotel and lodging establishments. This includes return processing, payment posting, compliance monitoring, and periodic audit support to ensure accurate reporting and timely remittance. HdL’s efforts have generated over $3.1 million in total TOT revenue in 2024-25, also streamlined the City’s TOT processes through the online platform, educational materials and communication with the lodging providers, and helped maintain strong compliance.

HdL has also supported the City of Pacifica’s efforts to improve compliance and revenue collection from short-term rentals (STRs), which remain a key source of Transient Occupancy Tax (TOT) revenue. In FY2024-25, 144 STRs submitted TOT payments totaling $1.52 million, an increase of 6.9% from the last year. Notably, 83% of these payments were remitted through Airbnb, with the remaining 17% submitted directly by individual STR operators as a result of HdL’s efforts and commitment to responsible hosting and thriving tourism economy.

HdL’s discovery and compliance efforts have significantly expanded the STR registration base and brought non-compliant operators into compliance. Between 2024 and 2025, 59 new STR leads were identified, and 53 (approximately 90%) have either registered or ceased operations in response to enforcement. Of these, 27 STRs remain registered and in good standing, 16 paid outstanding tax liability and closed their accounts, and 10 ceased operations entirely, as a result of the HdL’s outreach and compliance efforts.

New Contract
While the scope and cost related to Business License and Transient Occupancy Tax (TOT) 7 Packet Pg. 102
Pacifica City Council 3
August 11, 2025
management services remain consistent with the original agreement, the scope of services related to Short-Term Rental (STR) compliance has evolved significantly over the past year. In response to growing community concerns over the STR program and enforcements, including several Council discussions of the program, the City, in partnership with HdL, implemented improved compliance workflows and outreach strategies to improve compliance processes that expanded way beyond the original contract terms, limited to basic TOT administration and minimal discovery.

HdL has been a valued and flexible partner throughout this process, adapting to the City’s needs and delivering expanded services beyond the originally contracted scope. As the City prepares to implement a new and stricter STR ordinance, it became critical to formally capture the expanded scope of services and also reflect the additional workload now required to support the ordinance’s enforcement and program administration. This includes expanded platform monitoring by scanning over 20 rental platforms, enhanced host education and engagement, stricter permitting and registration support, and enhanced compliance tracking, back-tax calculations, penalty assessments, and escalated follow-up for non-compliant operators. HdL’s customer service team will handle direct host inquiries, filing support, and compliance disputes before elevating matters to the City.

The resulting contract adjustments align the scope and cost of services with the City’s policy direction to continue implementation and enforcement of the STR program, recognizing that certain provisions of the new ordinance will present practical challenges or limitations in enforcement.

The new agreement will support the following objectives:
• Operational efficiency: Outsourcing business license management frees up limited staff time to focus on strategic initiatives.
• Revenue enhancement: HdL’s compliance tools and audit expertise help identify underreported and unregistered businesses.
• Improved customer service: Business owners have access to a 24/7 online portal and weekday support from HdL’s service team.
• Regulatory alignment: HdL ensures that tax collection practices are consistent with the City’s Municipal Code and new STR ordinance.
• HdL’s professional expertise includes Certified Revenue Officers, tax auditors, and municipal finance professionals to ensure that the City’s needs are addressed with both technical accuracy and real-world insight
Formalizing this contract renewal with an updated scope ensures continuity of service as the City continues to enhance regulatory compliance and pursue fiscal sustainability. HdL’s demonstrated partnership, familiarity with the City, responsiveness, and technical expertise make them well-qualified to support the City’s evolving needs.

ALTERNATIVE ACTION:

There are no reasonable alternatives as the City needs to continue services related to Business License, TOT, and STR. However, the Council may choose to approve a one-year agreement and direct staff to add preparing an RFP for these services to the FY 2026-27 workplan.

FISCAL IMPACT:
7 Packet Pg. 103
Pacifica City Council 4
August 11, 2025
The total annual cost of the contract will increase from approximately $85,000 (previously based on a combination of fixed fees and variable contingency fees tied to recovered revenues) to $125,000 fixed contract fee, plus the ongoing variable contingency fees tied to additional revenue collected through compliance activities. This increase has already been incorporated into the FY 2025-26 budget under the Finance Department’s Professional Services account.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Consultant Services Agreement - HdL (DOCX)
7 Packet Pg. 104
Pacifica City Council 5
August 11, 2025
RESOLUTION NO. ________

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

CITY MANAGER TO EXECUTE A CONTRACT WITH HDL COMPANIES FOR BUSINESS

LICENSE ADMINISTRATION AND REVENUE COMPLIANCE SERVICES
WHEREAS, the city of Pacifica has contracted with HdL companies since 2021 to support the administration and collection of business license tax (BLT), transient occupancy tax (TOT), and short-term rental (STR) compliance; and
WHEREAS, the city has expanded its partnership with HdL over time to address audit, discovery, and enforcement services that require specialized municipal revenue expertise; and WHEREAS, HdL Companies is a California-based firm with a proven track record of serving over 380 public agencies and offering a turnkey solution that improves compliance, enhances customer service, and reduces internal staff workload; and WHEREAS, the renewal contract will allow HdL to continue providing essential revenue management services for the City through an updated scope of work and cost structure aligned with current STR needs;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica, as follows:

The City Council hereby authorizes the city manager to execute a contract with HdL Companies for business license administration, TOT and STR revenue compliance, and associated revenue management services in the amount of $250,000 ($125,000 per fiscal year), plus variable contingency fees tied to revenues collected through compliance activities, in accordance with the terms set forth in the agreement for a period of up to three years. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 11h day of August, 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. 105
- 1 -

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this _____________ day of _______________, ___, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and _ Hinderliter de Llamas & Associates a California Corporation (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires tax collection and compliance services in connection with the business license and transient occupancy taxes, including administration of the short-term rental program;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

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

ARTICLE 1 - SCOPE OF SERVICES

1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, Schedules 1-3, which are attached hereto and incorporated herein (the "Services").

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

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

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

CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession and will prepare all work products required by this Agreement in accordance with such standards.

7.a
Packet Pg. 106 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 2 -
CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.

1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY.

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

1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT. This does not include any software, programs, methodologies or systems used in the creation of such work product, nor does it include any drafts, notes or internal communications prepared by CONSULTANT in the course of performing the Services that were not otherwise provided to City in either hardcopy or electronic form, all of which may be protected by CONSULTANT or others’ copyrights or other intellectual property.

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

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

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit A, Schedules 1-3, Compensation, attached hereto and incorporated herein. It is agreed that

7.a
Packet Pg. 107 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 3 -
the compensation for the Services shall not exceed $250,000.00 ("Cost Ceiling"). The contingency fees will be billed separately based on revenue recovered according to usage in accordance with Exhibit A

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

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

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

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

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until termination two (2) years from the date of the second signature (the "Term"). Upon mutual agreement, City shall have the option to extend the agreement for an additional one (1) year, and then another one (1) year thereafter.

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

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

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

7.a
Packet Pg. 108 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 4 -
ARTICLE 4 - DESIGNATED CONTACTS

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

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

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

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

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

Notwithstanding anything to the contrary, in no event will CONSULTANT be (a) liable for claims, liabilities or damages (i) that could not reasonably have been foreseen upon entry into this Agreement; (ii) arising from any action or inaction by CONSULTANT in response to specific direction from CITY; (iii) in connection with any CITY monies not collected by CONSULTANT; nor (iv) in connection with the issuance, non-issuance or revocation of any registration, license, permit, or exemption;

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

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

7.a
Packet Pg. 109 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 5 -
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.

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

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

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

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

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);

7.a
Packet Pg. 110 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 6 -
• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

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

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

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

If to CITY: Yulia Carter
Assistant City Manager
170 Santa Maria Avenue

7.a
Packet Pg. 111 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 7 -
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: HdL Contracts
120 S State College Blvd. #200
Brea, CA 92821
Phone: 714-879-5000
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS

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

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

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

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

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

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

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

7.7. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to

7.a
Packet Pg. 112 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 8 -
mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.

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

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

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

7.11. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY.

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

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

Michelle Marchetta Kenyon, City Attorney

CONSULTANT
_______________________________

7.a
Packet Pg. 113 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) -
9-
By: Date
By: Date

7.a
Packet Pg. 114 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR)

EXHIBIT A

SCOPE OF WORK
SCHEDULE 1 – This Schedule 1 provides the scope of Services and Fees for tax and fee administration related to transient occupancy tax pursuant to the Agreement for Consultant Services dated __________ (“Agreement”). The Agreement includes the main body of the Agreement, the Exhibits, this Schedule, and all other Schedules to the Agreement. Terms not otherwise defined herein have the definitions given to them within the main body of the Agreement.

SCOPE OF SERVICES
Consultant will provide the following Services relative to City’s transient occupancy tax administration, excluding short-term rental (STR) properties, for which said services are outlined in Schedule 3.

1. Operations Management Services

1.1. Establish and maintain database of City lodging providers.

1.2. Receive and process registrations, tax returns and payments in a timely fashion.

1.3. Provide lodging providers multiple options for submitting registrations, tax returns, payments, or support requests (including via website, email, mail, phone, and fax. Consultant tax specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific).

1.4. Remit revenue to City no less than monthly.

1.5. Provide City staff access to website portal offering lodging provider registry inquiry and reporting capabilities.

1.6. Endeavor to ensure accurate filings of returns by consistently monitoring returns, providing compliance audits, and educating lodging providers as mutually agreed to by City and Consultant.

1.7. Provide analysis reports monthly and annually provide revenue trends and key insights on City lodging providers as mutually agreed upon.

2. Online Payment Processing – Consultant’s services include PCI compliant payment processing services which supports both credit card and eCheck transactions.

2.1. City Responsibilities

2.1.1.As a condition to its receipt of the Service, City shall execute and deliver any and all applications, agreements, certifications or other documents required by Consultant’s payment processor, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by Consultant’s payment processor. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.

2.1.2.City hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. City represents and warrants that it has the full right and authority to grant these rights.

FEES

3. Operations Management Services

3.1. Fees for performing operations management Services shall be $868.57 per year for each filing property.

7.a
Packet Pg. 115 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 2 -

3.2. Fees will be increased as of January 1st of each calendar year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change.

For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.

3.3. Fees for any reasonable travel and lodging expenses will be billed at cost and applied to all meetings (including implementation, training, operations and support).

3.4. Fees will be invoiced monthly to City for Services performed during the prior month.. City will submit payment for any balance due to Consultant within 30 days of receiving the invoice.

4. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or City funded model, as directed by City. City may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.

4.1. Taxpayer funded model – City authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.

4.1.1.Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00

4.1.2.ACH/eCheck processing - $2.50 per transaction

4.2. City funded

4.2.1.Credit and debit card processing – 2.9% of transaction amount

4.2.2.ACH/eCheck processing - $0.75 per transaction

4.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.

4.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to City in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.

7.a
Packet Pg. 116 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 3 -
SCHEDULE 2 – This Schedule 2 provides the scope of Services and Fees for tax and fee administration related to business license tax and fees pursuant to the Agreement for Consultant Services dated __________ (“Agreement”).

The Agreement includes the main body of the Agreement, Exhibits and this Schedule, and all other Schedules to the Agreement. Terms not otherwise defined herein have the definitions given to them within the main body of the Agreement.

SCOPE OF SERVICES
Consultant will provide the following Services relative to City’s business license tax administration.

5. Operations Management Services

5.1. Establish and maintain database of City businesses.

5.2. Receive and process applications, renewals and payments in a timely fashion.

5.3. Send renewal notices to active businesses within 30 days of the renewal period end date or at another interval specified by City.

5.4. Provide businesses multiple options for submitting applications, renewals, payments, or support requests (including via website, email, mail, phone, and fax. Consultant license specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific).

5.5. Remit revenue to City no less than monthly.

5.6. Provide City staff access to website portal offering business registry inquiry, reporting, and electronic department approval capabilities.

6. Compliance Services: 1) Identify and register businesses which are subject to licensure or taxation, 2) collect known debt as pertains to business license or tax, and 3) identify under-reported tax liability.

6.1. Discovery Services

6.1.1.Develop a list of businesses subject to City licensure or taxation.

6.1.2.Notify non-compliant businesses of their options to comply or dispute their non-compliant status. Notification and support to businesses will be facilitated through the website, mail, email, phone and fax.

6.1.3.Review information and forms submitted by the business for completion and accuracy, inclusive of any additional required documentation (i.e. home occupation permit). All submissions are filed and stored electronically and made available to City upon request.

6.1.4.Provide businesses with detailed invoicing and options to pay via website, mail, and phone.

6.1.5.Remit revenue to City no less than monthly, along with all business applications and any additional documentation.

6.2. Collection Services

6.2.1.Identify businesses subject to City licensure or taxation which have known debt to City and have failed to pay within an appropriate time frame.

6.2.2.Notify businesses of their options to comply or dispute their non-compliant status.

6.2.3.Provide businesses with detailed invoicing and options to pay via website, mail and phone.

6.2.4.Remit revenue to City no less than monthly.

6.3. Audit Services

6.3.1. Identify potential under-reporting and/or misclassified businesses.

6.3.2.Audit businesses mutually agreed to by City and Consultant that are identified as potential under-reporting businesses.

6.3.3.Submit audit summaries to City and discuss further actions.

6.3.4.Educate businesses on proper reporting practices.

7.a
Packet Pg. 117 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 4 -

6.3.5.Invoice and collect identified deficiencies.

7. Online Payment Processing – Consultant’s services include PCI compliant payment processing services which supports both credit card and eCheck transactions.

7.1. City Responsibilities

7.1.1.As a condition to its receipt of the Service, City shall execute and deliver any and all applications, agreements, certifications or other documents required by Consultant’s payment processor, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by Consultant’s payment processor. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.

7.1.2.City hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. City represents and warrants that it has the full right and authority to grant these rights.

FEES

8. Operations Management Services

8.1. Fees for performing operations management Services shall be $17.37 for each processed account, which is any account for which an application or renewal/return was processed, or active account which was sent a renewal notice.

8.2. Fees will be increased as of January 1st of each calendar year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change.

For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.

8.3. Fees related to reasonable travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by City.

8.4. Fees will be invoiced monthly to City for Services performed during the prior month. City will submit payment for any balance due to Consultant within 30 days of receiving the invoice.

9. Compliance Services

9.1. Fees for performing compliance Services apply to all monies received for the current tax/license period and any other prior period collected (including monies received for taxes, penalties, interest, and fees).

9.1.1.Fees for performing discovery Services shall be a contingency Fee of 35% of the revenues received as a result of the Services.

9.1.2.In the event that City discovers a non-compliant business and reports the business to Consultant (including a calculation of all taxes/fees due), Consultant will categorize the business as a collection service effort and thus apply the lower collection Services contingency Fee rate.

9.1.3.Fees for performing collection Services shall be a contingency Fee of 25% of the revenues received as a result of the Services.

7.a
Packet Pg. 118 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 5 -

9.1.4.Fees for performing audit Services shall be a contingency Fee of 35% of the revenues received as a result of the Services.

9.2. Consultant recognizes City’s authority to waive or reduce the tax/fee debt of a business.

Should City decide to do so for a business whose deficiency was identified by Consultant, Consultant shall be entitled to compensation in the amount of one half (1/2) of the Fees Consultant would have otherwise earned. Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e. statute of limitation or other legal defense) shall not be considered a City voluntary election to waive, and thus, Consultant would not be entitled to compensation related thereto under this provision.

9.3. The fee shall be paid notwithstanding any related City assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services.

9.4. Fees related to reasonable travel and lodging expenses are billed at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by City.

9.5. Fees will be invoiced monthly to City for Services performed during the prior month. Fees will be netted out of City’s monthly revenue disbursement. City will submit payment for any balance due to Consultant within 30 days of receiving the invoice.

10. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or City funded model, as directed by City. City may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.

10.1. Taxpayer funded model – City authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.

10.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00

10.1.2. ACH/eCheck processing - $2.50 per transaction

10.2. City funded

10.2.1. Credit and debit card processing – 2.9% of transaction amount

10.2.2. ACH/eCheck processing - $0.75 per transaction

10.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.

10.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to City in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.

7.a
Packet Pg. 119 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 6 -
SCHEDULE 3 – This Schedule 3 provides the scope of Services and Fees for short-term rentals transient occupancy tax administration pursuant to the Agreement for Consultant Services dated __________ (“Agreement”).

The Agreement includes the main body of the Agreement, Exhibits and this Schedule, and all other Schedules to the Agreement. Terms not otherwise defined herein have the definitions given to them within the main body of the Agreement.

Consultant will provide the following Services relative to City’s short-term rentals (“STR”) transient occupancy tax administration.

11. Identification and Monitoring

11.1. Monitor short-term rental sites to identify new listings and closures.

11.2. Match listings to specific parcels using GIS and property tax assessor data.

11.3. Identify properties which are already registered and paying taxes.

11.4. Provide a visual map of listing locations in City’s jurisdiction as requested, but not to exceed a quarterly basis.

11.5. Record listing details (including start date, sites linked to, and other information necessary for documenting evidence of short-term rental activity).

12. Education, Registration, and Compliance

12.1. Provide short-term rentals website with links to FAQs, education packets, and support for tax registration, filing returns, and making payments.

12.2. Work with City to identify additional requirements and collection of data necessary to enforcement procedures.

12.3. Notify non-compliant lodging providers of their status and any actions necessary to become compliant via an initial notice (STR Letter 1).

12.4. Follow up with non-compliant accounts to obtain registration via a secondary notice (STR Letter 2).

12.5. Transfer accounts who have failed to comply following STR Letter 2, to the City for further action, which may include the formal Notice of Violation (NOV) Process.

12.6. The following notification schedule will be followed by HdL:

12.6.1. STR Letter 1: Send the first amnesty letter requesting compliance. Letters are sent within 90 days of going live initially, and then Quarterly, as new properties are identified.

12.6.2. STR Letter 2: Send the final amnesty letter demanding compliance within 30 days after the mailing of STR Letter 1.

12.6.3. Transfer non-responsive accounts with supporting details to the City for further action within 45 days of STR Letter 2, which may include the Notice of Violation (NOV) process.

13. Optional Add-on Services for Education, Registration, and Compliance Notice of Violation (NOV) Letter Generation, which can be implemented within 60 days. If the City elects to revert to cease, they must do so in writing 30 days prior to the notification cycle.

13.1.1.1. HdL will create two Crystal Report templates in HdL's Prime Cloud System.

Specifications will match templates as agreed upon and previously provided by City.

13.1.1.2. HdL will regenerate facsimiles of the current STR Letter 1 and STR Letter 2 templates based on original notification dates as 'attachments' to the NOV.

7.a
Packet Pg. 120 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 7 -

13.1.1.3. HdL will escalate non-compliant accounts to the City per the currently established process.

13.1.1.4. The City will promptly approve and request the generation of NOVs to HdL.

13.1.1.5. HdL will generate and provide the NOVs for approved accounts to the City within 5 business days of the City’s request.

13.1.1.6. The City will be responsible for printing and mailing the NOV Letters and packets.

14. Permitting

14.1. Establish and maintain database of City’s permitted short-term rental lodging providers.

14.2. Receive and process permit applications, renewals and payments in a timely fashion.

14.3. Provide short-term rentals website with links to FAQs, education packets, and support for permitting and making payments.

14.4. Work with City to identify additional requirements and collection of data necessary for permitting procedures, as agreed upon, and to include:

14.4.1. Hosted or non-hosted categorization

14.4.2. Operator primary residence information

14.4.3. Operator acknowledgment of City’s permitting regulations and requirements, such as occupant limitations, parking spaces, minimum or maximum stays, prohibited property types, prohibited activities, etc.

14.5. Remit revenue to City no less than monthly.

14.6. Provide City staff access to website portal offering lodging provider registry inquiry and reporting capabilities.

15. Operations Management Services

15.1. Establish and maintain database of City’s short-term rental lodging providers.

15.2. Receive and process tax registrations, tax returns and payments in a timely fashion.

15.3. Provide lodging providers multiple options for submitting registrations, tax returns, payments, or support requests (including via website, email, mail, phone, and fax. Consultant tax specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific).

15.4. Remit revenue to City no less than monthly.

15.5. Provide City staff access to website portal offering lodging provider registry inquiry and reporting capabilities.

15.6. Endeavor to ensure accurate filings of returns by consistently monitoring returns and educating lodging providers.

15.7. Provide analysis reports monthly and annually to provide revenue trends and key insights on City lodging providers as mutually agreed upon.

16. Audit Services

16.1. In collaboration with City, on an annual basis, HdL will establish recommended audit metrics, and review and determine lodging providers who merit additional investigation or examination through a rental history audit to determine their compliance with the City’s Transient Occupancy Tax Ordinance consistent with the City’s.

16.2. Lodging providers identified and approved by City for a rental history audit are scheduled for audit. City may elect to conduct a simultaneous code compliance audit of selected providers.

16.3. Consultant will notify selected lodging providers of intent to Audit, including any requirements, records requests, and timeline.

7.a
Packet Pg. 121 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 8 -

16.4. Consultant will perform a review of rental history records for the designated audit period for determination of tax compliance.

16.5. Following the review, Consultant will generate an audit compliance report and relevant notifications and provide to City for review and approval.

16.6. Upon City approval, Consultant will notify deficient lodging providers of any findings as well as instructions for payment and appeal processes.

16.7. Consultant will send compliant lodging providers a letter of commendation, thanking them for their cooperation and compliance.

16.8. Nonresponsive lodging providers will be escalated to City following Consultants standard collection process for further enforcement actions.

17. Online Payment Processing – Consultant’s services include PCI compliant payment processing services which supports both credit card and eCheck transactions.

17.1. City Responsibilities

17.1.1. As a condition to its receipt of the Service, City shall execute and deliver any and all applications, agreements, certifications or other documents required by Consultant’s payment processor, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by Consultant’s payment processor. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.

17.1.2. City hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. City represents and warrants that it has the full right and authority to grant these rights.

FEES

18. Operations Management Services

18.1. Fees for performing Identification & Monitoring services with Education, Registration, and Compliance shall be $24,700 per year for standard service.

18.1.1. Optional Add-on Service - Notice of Violation (NOV) Generation shall be a one-time development fee of $3,750 plus a monthly fee of $200.00 for which the services are active.

Modifications to the report templates may result in additional development fees.

18.2. Fees for performing Operations Management Services shall be $17.37 for each processed account, which is any account for which an application or renewal was processed, or active account which was sent a renewal notice.

18.3. Fees for performing Permitting Services shall be $17.37 per processed account, which includes any account for which an application or renewal was processed, or active account which was sent a renewal notice

18.4. Fees for performing Audit Services shall be $450.00 per Audit per Account.

18.5. Fees will be increased as of January 1st of each calendar year with reference to the 12- month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%,

7.a
Packet Pg. 122 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR) - 9 -
if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.

18.6. Fees for any reasonable travel and lodging expenses will be billed at cost and applied to all meetings (including implementation, training, operations and support).

18.7. Fees will be invoiced monthly to City for Services performed during the prior month. City will submit payment for any balance due to Consultant within 30 days of receiving the invoice.

19. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or City funded model, as directed by City. City may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.

19.1. Taxpayer funded model – City authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.

19.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00

19.1.2. ACH/eCheck processing - $2.50 per transaction

19.2. City funded

19.2.1. Credit and debit card processing – 2.9% of transaction amount

19.2.2. ACH/eCheck processing - $0.75 per transaction

19.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.

19.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to City in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.

7.a
Packet Pg. 123 Attachment: Consultant Services Agreement - HdL (6006 : HdL Contract Renewal - BLT, TOT and STR)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/11/2025
1 SUBJECT:

Resolution authorizing execution of a Voluntary Collection Agreement (VCA) between the City of Pacifica and HomeAway.com, Inc, for the collection of Transient Occupancy Tax (TOT) and Pacifica Tourism Management District (PTMD) Assessments.

RECOMMENDED ACTION:

Adopt the attached resolution approving the Voluntary Collection Agreement (VCA) between the City of Pacifica and HomeAway.com, Inc, at no cost to the City, for the collection and remittance of Transient Occupancy Tax (TOT) and Pacifica Tourism and Marketing District (PTMD) assessments on short-term rentals through a VRBO hosting platform and authorize the City Manager to execute the Agreement and any necessary amendments.

STAFF CONTACT:

Yulia Carter, Assistant City Manager
(650) 501-6004
[email protected]
SUMMARY:

This report recommends approval of a Voluntary Collection Agreement (VCA) with HomeAway.com, Inc, which operates VRBO and its affiliated platforms. The agreement will allow the City to capture unreported Transient Occupancy Tax (TOT) revenue from short-term rentals through the VRBO platform. While Airbnb has been collecting and remitting TOT on behalf of its hosts under a VCA, the City does not currently have a similar agreement in place with VRBO, Airbnb’s largest competitor in the short-term rental (STR) market. This has resulted in a significant gap in automated revenue collection and compliance enforcement.

In addition to the City’s existing agreement with Airbnb approved in 2018, executing a similar agreement with HomeAway.com, Inc. would help the City in capturing a large portion of any remaining TOT remittances where hosts have collected but failed to remit TOT to the City.

Closing this compliance gap is especially important ahead of the implementation of the City’s new STR ordinance in October 2025.

DISCUSSION:

HomeAway is a corporation that operates an online platform connecting individuals seeking to rent accommodations (“hosts”) with individuals looking to book accommodations (“guests”). The platform enables these parties to locate each other, communicate, negotiate, and complete bookings directly.

For the purposes of this Voluntary Collection Agreement (VCA), HomeAway agrees to serve as a limited collection and remittance agent on behalf of hosts who offer or rent accommodations within the City of Pacifica through the VRBO platform. Upon the effective date of the finalized 8 Packet Pg. 124
Pacifica City Council 2
August 11, 2025
VCA, HomeAway will assume responsibility for the collection and remittance of the City’s Transient Occupancy Tax (TOT) and PTMD assessments for all applicable transactions facilitated through its platform.

While the City executed a similar VCA with Airbnb in 2018 to streamline TOT collection, no such agreement has previously existed with VRBO, which has grown into a significant STR platform over the last several years.

The attached VCA provides a formal structure for the platform to collect and remit TOT and PTMD assessments directly to the City on behalf of hosts using its services. Key provisions of the agreement include the following:
• TOT Collection Scope: VRBO will collect TOT at the full rate (currently 15%) and the Pacifica Tourism Management District (PTMD) assessment on the full amount charged by the host for accommodations within Pacifica, including rental fees, cleaning fees, and other use-related charges, excluding refundable deposits and VRBO’s own service fee. • Effective Date and Remittance: VRBO will begin collecting and remitting TOT on booking transactions commencing on October 1, 2025, in alignment with the effective date of the City’s new STR ordinance.
• Data Confidentiality and Audit Access: While the City retains its audit rights, VRBO will not provide individual guest or host names except via a lawfully issued subpoena.

Property-level data and transaction-level detail (by reservation ID) will be made available upon formal request in the context of an audit.
• Prospective Liability Only: The agreement is prospective in nature and does not allow the City to pursue back taxes, assessments, or claims against the platform regarding bookings made prior to the effective date. However, the City’s engagement with HdL enables continued efforts to identify and recover past-due revenues directly from STR operators within applicable statutory limits.
• City Cooperation: The City will confirm jurisdictional boundaries with VRBO’s thirdparty tax content provider and assist in responding to host and public inquiries regarding the platform’s collection and remittance process under the agreement.

The agreement also requires VRBO to provide regular summary reports and comply with applicable recordkeeping provisions to support the City’s audit rights.

Execution of this agreement represents a significant step toward ensuring equitable and comprehensive tax compliance across all major STR platforms operating in Pacifica, supporting the City's fiscal sustainability and tourism funding goals.

ALTERNATIVE ACTION:

Do not approve the agreement. This would maintain the current gap in TOT collection from VRBO-hosted short-term rentals, potentially resulting in continued revenue loss and regulatory inequity compared to other platforms like Airbnb.

FISCAL IMPACT:
8 Packet Pg. 125
Pacifica City Council 3
August 11, 2025
Execution of this agreement may not result in a visible increase in Transient Occupancy Tax (TOT) revenue, as it is scheduled to take effect concurrently with the implementation of the City’s new Short-Term Rental (STR) Ordinance in October 2025. The new ordinance will initially apply only in the non-coastal zone and is expected to significantly reduce STR activity due to stricter regulatory requirements, which will prevent many existing operators from qualifying for permit renewal.

However, the agreement will help offset projected TOT revenue losses by ensuring automated and more accurate tax reporting from VRBO-hosted rentals. It will also reduce the administrative burden on City staff, close a longstanding compliance gap, and enhance the City’s ability to monitor STR activity and enforce collection requirements moving forward.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Attachment A: VRBO Voluntary Agreeement(PDF)
8 Packet Pg. 126
Pacifica City Council 4
August 11, 2025
RESOLUTION NO. ________

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

CITY MANAGER TO EXECUTE A VOLUNTARY COLLECTION AGREEMENT BETWEEN THE CITY OF PACIFICA AND HOMEAWAY.COM, INC
WHEREAS, the City of Pacifica has established a Short-Term Rental (STR) program, which includes the collection of Transient Occupancy Tax (TOT) pursuant to Pacifica Municipal Code Chapter 3-7; and
WHEREAS, the City currently has a Voluntary Collection Agreement (VCA) in place with Airbnb but lacks a similar agreement with HomeAway.com, Inc. that manages the VRBO hosting platform, the second-largest online STR platform operating in the City; and WHEREAS, the absence of a VCA with VRBO has resulted in inconsistent tax collection and enforcement challenges; and
WHEREAS, the proposed VCA provides a mechanism for automated collection and remittance of TOT and PTMD on behalf of hosts, while reducing administrative burden and enhancing compliance; and
WHEREAS, entering into this agreement is consistent with the City Council’s priorities related to fiscal sustainability, regulatory fairness, and effective implementation of the City’s STR program;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica hereby approves the Voluntary Collection Agreement between the City of Pacifica and HomeAway.com, Inc, and authorizes the City Manager to execute the Agreement and take all necessary steps to implement its terms.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 11h day of August, 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
8 Packet Pg. 127
Pacifica City Council 5
August 11, 2025
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 8 Packet Pg. 128

VOLUNTARY COLLECTION AGREEMENT
THIS VOLUNTARY COLLECTION AGREEMENT ("Agreement") is dated ______, 2025 and is between HOMEAWAY.COM, INC., a Delaware corporation and ("HomeAway"), and the City of Pacifica, California (the “City”). Each party may be referred to individually as a "Party" and collectively as the "Parties.”
HomeAway and its subsidiaries operate an internet-based platform that allows homeowners ("Homeowners") to advertise the availability of their properties to travelers ("Guests") seeking accommodations through Vrbo.com and localized Vrbo websites operating worldwide (“HomeAway Platform”).

HomeAway and the City enter into this Agreement voluntarily in order to facilitate the collection and remittance of the City’s Transient Occupancy Tax ( the “TOT”) as set forth in Title 3, Chapter 7 §§ 3-7.01 et seq of the City’s Municipal Code and the Pacifica Tourism and Marketing District assessment (the “PTMD”), which was approved by the City Council on April 28, 2025 and applies to all stays occurring on or after July 1, 2025 (the TOT and the PTMD are collectively the “Tax”), by Homeowners and Guests on the HomeAway Platform for occupancy of accommodations located in the City in accordance with this Agreement as follows:

1. With respect to any transaction between a Homeowner and a Guest booked on and for which payment is completed on the HomeAway Platform for accommodations for which the Tax is due (“Booking Transaction”), and during the period in which this Agreement is in effect (as defined below), and solely pursuant to the terms and conditions of this Agreement, HomeAway agrees to collect and remit the Tax.

2. The Tax shall be collected and remitted at the applicable rate by HomeAway based upon the entire amount charged by the Homeowner in connection with the Booking Transaction, including but not limited to the following fees charged by a Homeowner: rental fee, service fee, booking fee, cleaning fee, property damage fee, and any other use-related fee; but excluding refundable damage deposits. Taxes shall not be collected on the Traveler Service Fee (“TSF”) charged by HomeAway to Guests. HomeAway shall file returns on the form and by the due dates described Section 3-7.07 – of the Code (“Reporting and remitting”) or as agreed between the parties in writing. For the avoidance of doubt, it is understood and agreed by the Parties, that HomeAway will file returns and remit any Tax collected, based on the date the stay commences and not the date of the booking transaction.

3. HomeAway agrees to commence collecting the Tax starting on October 1, 2025 (the "Effective Date) and remitting any Tax collected in accordance with Paragraph 2. For the avoidance of doubt, this Agreement to collect shall not extend to any period or transaction prior to the Effective Date or after the termination of this Agreement, or to any user's transaction completed through any means, method or platform other than the HomeAway Platform.

4. The City agrees to confirm its jurisdictional boundaries with HomeAway’s third-party tax content provider within 90-days of the Effective Date. The content provider is Vertex and boundaries can be verified by emailing [email protected]. If the City fails to confirm the boundaries, the City agrees to accept the boundaries as determined by HomeAway.

8.a
Packet Pg. 129 Attachment: Attachment A: VRBO Voluntary Agreeement (6009 : VRBO VCA Agreement) 2 5. On a prospective basis upon the Effective Date of this Agreement, and during any period in which this Agreement is in effect, in accordance with the terms of this Agreement, HomeAway agrees contractually to assume liability for any failure to report, collect, and/or remit the correct amount of the Tax for any Booking Transaction, including, but not limited to, penalties and interest, lawfully and properly imposed in compliance with law. Nothing contained herein nor any action taken pursuant to this Agreement, including but not limited to the collection or remittance of the Tax, shall impair, restrict, or prevent HomeAway from asserting that any Tax and/or penalties, interest, fines, or other amounts assessed against it were not due or are the subject of a claim for refund under applicable law, or from enforcing any and all rights accorded to it pursuant to law. This Agreement only relates to the reporting, collecting and remittance of Tax for Booking Transactions and does not extend any other areas, including but not limited to any health and safety or other obligations that may be imposed on the Homeowner and, except for the obligations to facilitate the collection and remittance of the Tax as set forth in this Agreement, HomeAway does not assume any liability or obligations imposed on the Homeowner.

6. During any period in which this Agreement is in effect, and without waiving any audit rights provided to the City, with respect to any transaction for which the Tax is due and paid pursuant to this Agreement, the City agrees to audit HomeAway in the manner provided in the Code, except that: (a) HomeAway will not be required on the basis of this Agreement to disclose the Homeowner or Guest name at issue; (b) the City shall not, directly or indirectly, audit any individual Guest or Homeowner relating to such transactions; and (c) if there are errors in the jurisdictional boundaries, HomeAway will provide the URL of the property listing after the City updates the boundaries with HomeAway’s third-party content provider in accordance with Paragraph 4. HomeAway will provide the property address associated with each Booking Transaction in response to a valid information request issued by the City as part of an audit of HomeAway’s books and records pursuant to the City’s Municipal Code. The City shall complete any audit of HomeAway’s books and records within the time period permitted under the applicable statute of limitations, including any waivers mutually agreed to by HomeAway. Nothing in this paragraph prevents the City from auditing an individual who (or entity that) happens to be a Homeowner based upon transactions that the City learns of independently nor shall anything in this paragraph prevent the City from auditing a Homeowner for transactions that the Homeowner completes on another internet-based platform,

7. Upon the City’s request in connection with an audit, HomeAway shall submit all applicable transaction data based on reservation ID, or other type of transaction ID, as maintained by HomeAway in its ordinary course of business. The Parties agree that HomeAway is not required, on the basis of this Agreement, to produce any Homeowner or Guest name or address relating to any transaction in connection with an audit or otherwise, except pursuant to a lawfully issued subpoena.

8. During any period in which this Agreement is in effect, and on the condition that HomeAway is in compliance with its obligations under this Agreement, and solely with respect to Booking Transactions, said Homeowner shall not be required to collect, remit and report the Tax.

However, nothing in this Agreement shall relieve Guests or Homeowners from any responsibilities with respect to the Tax, including, without limitation, any obligation to register with the City and obtain a Transient Occupancy Registration Certificate and/or to collect, remit, and report the Tax for transactions completed through any other means, method, device, or platform, or restrict the

8.a
Packet Pg. 130 Attachment: Attachment A: VRBO Voluntary Agreeement (6009 : VRBO VCA Agreement) 3 City from investigating or enforcing any provision of applicable law against any such person or entity for any occupancy arranged directly or indirectly through any other means.

9. The City agrees, for the purpose of facilitating this Agreement, that it shall not make any assessment, supplemental assessment, or claim for the Tax as to HomeAway for any period prior to the Effective Date of this Agreement; and it releases and discharges any claims against HomeAway (and its present or former: successors, direct or indirect members, parents, subsidiaries, affiliates, agents, legal representatives, insurers, employees, officers, directors and shareholders) from any and all past, present, or future assessments, causes of action, claims, demands, expenses, damages, or losses, of whatever kind or nature, known or unknown, asserted or unasserted, in law or equity, whether statutory or common law, which existed, accrued, or arose related to the Tax for the period preceding the Effective Date of this Agreement.

10. Any and all tax returns, information, data, records or documents provided to the City in connection with this Agreement, including but not limited to any audit, shall be deemed confidential except to the extent the disclosure of such information is required to be made pursuant to federal or state law, including the California Public Records Act or pursuant to a valid judicial order.

11. This Agreement is solely for the purpose of facilitating the administration and collection of the Tax due for Booking Transactions. It is expressly understood and agreed by the Parties that neither Party has made any concessions regarding the merits of its respective positions nor the merits of the other Party’s positions with respect to the collection of the Tax addressed in this Agreement.

12. The City agrees to work with HomeAway to answer any questions received from Homeowners and the public about HomeAway’s tax collection and remittance process under this Agreement. If requested by the City, HomeAway will provide information to the City to be used by the City to answer questions from Homeowners, travelers and others.

13. No modification of this Agreement shall be effective unless in writing and signed by both parties.

14. This Agreement may be terminated by HomeAway or the City upon 30 days’ written notification to the other Party. Any termination under this Paragraph shall not affect the duty of HomeAway to remit to the City any Tax collected from Guests up through and including the effective date of termination of this Agreement, even if not remitted by HomeAway to the City as of the date of termination.

15. This Agreement, its construction and any and all disputes arising out of or relating to it, shall be interpreted in accordance with the substantive laws of the State of California without regard to its conflict of law principles.

16. This Agreement contains the entire agreement of the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, and understandings with respect thereto.

8.a
Packet Pg. 131 Attachment: Attachment A: VRBO Voluntary Agreeement (6009 : VRBO VCA Agreement) 4 17. The Parties represent and warrant that they each have the legal authority to enter this Agreement, that the person executing the Agreement of behalf of either Party is authorized to do so, and that the Agreement shall be binding and enforceable when duly executed and delivered by each Party.

18. This Agreement is executed in two (2) counterparts, each of which shall be deemed an original, and all counterparts individually or together shall constitute one and the same Agreement.

Further, the reproduction of an original signature by electronic means shall be deemed to be an original signature.

19. This Agreement has been jointly prepared by the Parties hereto, and shall not be construed more strictly against either Party.

20. To the extent allowed under the law, including the California Public Records Act, the Parties agree that each shall treat as confidential all information furnished to it by the other Party under this Agreement, provided, however, that a Party may disclose the confidential information of the other Party to those of its employees, consultants (including professional advisers) and affiliates that require access to such confidential information in order to permit such Party to exercise its rights and perform its obligations hereunder. Nothing in this Agreement shall prevent the disclosure by a Party or its employees, contractors, or affiliates of an item of confidential information that is made public by the disclosing party or released from confidential treatment by written consent of the disclosing Party.

21. Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party which consent shall not be unreasonably withheld. Notwithstanding the foregoing, HomeAway may assign this Agreement in its entirety without the City’s consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the assignee has agreed to be bound by all of the terms of this Agreement and all Taxes and all other sums due at the time of the attempted assignment have been paid in full. Any attempt by a Party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect.

Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors, and permitted assigns.

22. All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the third business day after first class mailing, postage prepaid; or (iii) the second business day after sending by overnight mail, by facsimile with telephonic confirmation of receipt, or by email. Notices shall be addressed to the attention of the following persons, provided each Party may modify the authorized recipients by providing written notice to the other Party:

To HomeAway: HomeAway.com, Inc.

Attn: Legal Department
1111 Expedia Group Way West
Seattle, WA 98119
Email: [email protected]

8.a
Packet Pg. 132 Attachment: Attachment A: VRBO Voluntary Agreeement (6009 : VRBO VCA Agreement) 5 To the City: City of Pacifica
Attn: Yulia Carter, Assistant City Manager
170 Santa Maria Ave
Pacifica, CA 94044
Email: [email protected]

CITY OF PACIFICA, CALIFORNIA

By:
___________ day of _________________, 2025

HOMEAWAY.COM, INC., a Delaware
corporation
By:

Stephanie Gilfeather

__________ day of __________________, 2025

Signature:

Email:

Stephanie Gilfeather (Jul 31, 2025 11:18:47 PDT)
31 July [email protected]

8.a
Packet Pg. 133 Attachment: Attachment A: VRBO Voluntary Agreeement (6009 : VRBO VCA Agreement)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/11/2025
1 SUBJECT:

Adoption of an Ordinance by the City of Pacifica to repeal and replace 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 the adoption of the Ordinance exempt from the California Environmental Quality Act (CEQA). Recommended CEQA Status: Exempt from CEQA pursuant to Section 15061(b)(3) “The General Rule” and Section 15301 “Existing Facilities” of the CEQA Guidelines.

RECOMMENDED ACTION:

Move to adopt an “Ordinance of the City Council of the City of Pacifica to repeal and replace 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 the Ordinance exempt from the California Environmental Quality Act (CEQA) (File 2025-001, Text Amendment TA-127-25).”
STAFF CONTACT:

Samantha Updegrave - Community Development Director
(650) 738-7341
[email protected] <mailto:[email protected]> BACKGROUND/DISCUSSION:

This ordinance was introduced at the regular meeting of the City Council on July 14, 2025, and is now in order for adoption. The proposed amendments to be enacted by this ordinance are discussed in detail in the staff report provided with the introduction of the ordinance at the July 14, 2025 City Council meeting (Attachment A).

Additional discussion of the background of the proposed STR Ordinance, including direction and recommendations made by the Council and Planning Commission in 2025, can be found in 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> • 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> 9 Packet Pg. 134
Pacifica City Council 2
August 11, 2025
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 by a Vote of 6-0 (with one absence), with some additional recommendations.

City Council Review and Consideration
At the City Council public hearing on July 14, 2025, Council directed the inclusion of the following three additional “whereas” statements in the Ordinance recitals:
• 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; These revisions were made prior to the introduction of the Ordinance on July 14, 2025. No other revisions were made to the proposed Ordinance. A second reading of the Ordinance must occur before the Ordinance is adopted.

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 California Coastal Commission (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.

If the Ordinance is adopted it 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.

Once adopted, staff will prepare an amendment to the LCP for certification by the CCC.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
As discussed more fully in the Staff Report for the July 14, 2025 consideration of the introduction of the Ordinance, the ordinance is exempt from the California Environmental Quality 9 Packet Pg. 135
Pacifica City Council 3
August 11, 2025
Act (CEQA) pursuant to the CEQA Guidelines Section 15061(b)(3) “General Rule,” which provides that “the activity is covered by the commonsense 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 revised ordinance will continue to allow a maximum of 150 Short-term rentals in the City, the same number as the existing ordinance and will primarily establish operational requirements for existing short-term rentals that are designed to address community concerns and ensure responsible Short-term rental operations. The revisions to the ordinance also do not involve any physical changes to the environment or the construction of new facilities or infrastructure.

The Ordinance is also exempt from CEQA pursuant to CEQA Guidelines Section 15301 (“Existing Facilities”) because the Ordinance makes amendments to the City’s current shortterm rental permitting program for existing residential dwelling units, and involves negligible or no expansion of existing or former uses. The text amendment would make amendments to the existing Short-term Rental Ordinance to, among other things, revise provisions related to Shortterm rental operation and enforcement actions for non-compliance. Also, as discussed in more detail in the July 14, 2025, Staff Report, the exceptions to the exception in CEQA Guidelines section 15300.2(a)-(f) do not apply to the draft Ordinance.

ALTERNATIVE ACTION:

The Council may decline to adopt the Ordinance or direct modifications to the provisions included in the Ordinance. However, any substantive amendments would require re-introduction of the Ordinance.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

The adoption of the 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.

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.

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>.

ORIGINATED BY:

Community Development Department
ATTACHMENT LIST:
9 Packet Pg. 136
Pacifica City Council 4
August 11, 2025
Attachment A_STR CC Staff Report_2025-07-14 City Council - Full Agenda-1596(PDF) 9 Packet Pg. 137
Pacifica City Council 5
August 11, 2025
ORDINANCE NO. (ID # 6003)
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); 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, 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 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
9 Packet Pg. 138
Pacifica City Council 6
August 11, 2025
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
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 July 14, 2025, 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, 9 Packet Pg. 139
Pacifica City Council 7
August 11, 2025
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.
(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 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 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.
(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.
9 Packet Pg. 140
Pacifica City Council 8
August 11, 2025
(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 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. (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. (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 Operate a Short-term Rental in any accessory dwelling unit or junior accessory dwelling unit.
(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 9 Packet Pg. 141
Pacifica City Council 9
August 11, 2025
Occupancy or equivalent final inspection), including, but not limited to, any vehicle, trailer, tent, storage shed or garage;

(c) Each Operator Operating a Short-term Rental shall have their Primary Residence at the Site of the Short-term Rental. 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 more than six months of the year. A State or Federally issued identification card must be one of the documents provided, and others may include, but 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 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. 9 Packet Pg. 142
Pacifica City Council 10 August 11, 2025
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 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 Short-term Rentals. For Short-term Rentals, the City shall conduct a life, safety and health 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), 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 9 Packet Pg. 143
Pacifica City Council 11 August 11, 2025
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 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. 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;. 9 Packet Pg. 144
Pacifica City Council 12 August 11, 2025
(d) The Operator must provide the following materials electronically to any Shortterm Renters before arrival and make available printed materials 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 Occupancy Tax) of this Code, and shall obtain a Transient Occupancy 9 Packet Pg. 145
Pacifica City Council 13 August 11, 2025
Registration Certificate pursuant to 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;
(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 six (6) shall not count towards these occupancy limits; (n) In addition to the maximum number of Short-term Renters allowed, the number of 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;
(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.;
(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; (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;
(s) The Short-term Rental must provide at least one off-street 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;
(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 home occupation ordinance are allowed; provided that parking and all other requirements for both the Short-term Rental and the home occupation are met; 9 Packet Pg. 146
Pacifica City Council 14 August 11, 2025
(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
(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 60 nights per year, commencing on October 31st of each year and ending October 30th 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 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
9 Packet Pg. 147
Pacifica City Council 15 August 11, 2025
(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. (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.
9 Packet Pg. 148
Pacifica City Council 16 August 11, 2025
(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. (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 9 Packet Pg. 149
Pacifica City Council 17 August 11, 2025
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) 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. 9-4.4912 Application of Ordinance to Issued Short-term Rental Permits. (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, 9-4.4910 and 9-4.4911. All other provisions of this Ordinance (Sections 9- 9 Packet Pg. 150
Pacifica City Council 18 August 11, 2025

4.4903(c) through (f) and 9-4.4905(l) through (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 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) The 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, 9-4.4910 and 9-4.4911. (ii) The following provisions of this Ordinance 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 (v).

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 (with additions noted in underline):
“Sec. 9-4.2904. - Exempted signs.
…
(t) Short-Term Rental signs required pursuant to, and in compliance with, Section 9-4.4905(f) “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 action to adopt this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), including without limitation under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment. The revised ordinance will continue to allow a maximum of 150 Short-term rentals in the City, the same number as the existing ordinance and will primarily establish operational requirements for existing short-term rentals that are designed to address community concerns and ensure responsible Short-term rental operations. The revisions to the ordinance also do not involve any physical changes to the environment or the construction of new facilities or infrastructure.

Additionally, the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15301(Class 1-Existing Facilities) as the Ordinance makes amendments to the City’s current short-term rental permitting program for existing residential dwelling units. The Ordinance involves negligible or no expansion of existing or former use. The text amendment would make amendments to the existing Short-term Rental STR Ordinance to, among other things, revise provisions related to Short-term rental operation and enforcement actions for non-compliance.

The exceptions to the exception in CEQA Guidelines section 15300.2(a)-(f) do not apply to the draft Ordinance. The City Clerk shall file a Notice of Exemption with the San Mateo County Clerk.
9 Packet Pg. 151
Pacifica City Council 19 August 11, 2025
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.

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 11th day of August, 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. 152
Pacifica City Council 20 August 11, 2025
* * * * *
(ID # 6003) at 8/11/2025 7:00 PM City Council Regular Meeting 9 Packet Pg. 153

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

9.a
Packet Pg. 154 Attachment: Attachment A_STR CC Staff Report_2025-07-14 City Council - Full Agenda-1596 (6003 : Ordinance - Short-Term Rentals Update) Pacifica City Council 2
July 14, 2025
• 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

9.a
Packet Pg. 155 Attachment: Attachment A_STR CC Staff Report_2025-07-14 City Council - Full Agenda-1596 (6003 : Ordinance - Short-Term Rentals Update) Pacifica City Council 3
July 14, 2025
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.
10 Packet Pg. 625

9.a
Packet Pg. 156 Attachment: Attachment A_STR CC Staff Report_2025-07-14 City Council - Full Agenda-1596 (6003 : Ordinance - Short-Term Rentals Update) Pacifica City Council 4
July 14, 2025
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

9.a
Packet Pg. 157 Attachment: Attachment A_STR CC Staff Report_2025-07-14 City Council - Full Agenda-1596 (6003 : Ordinance - Short-Term Rentals Update) Pacifica City Council 5
July 14, 2025
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.
10 Packet Pg. 627

9.a
Packet Pg. 158 Attachment: Attachment A_STR CC Staff Report_2025-07-14 City Council - Full Agenda-1596 (6003 : Ordinance - Short-Term Rentals Update) Pacifica City Council 6
July 14, 2025
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

9.a
Packet Pg. 159 Attachment: Attachment A_STR CC Staff Report_2025-07-14 City Council - Full Agenda-1596 (6003 : Ordinance - Short-Term Rentals Update) Pacifica City Council 7
July 14, 2025
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

9.a
Packet Pg. 160 Attachment: Attachment A_STR CC Staff Report_2025-07-14 City Council - Full Agenda-1596 (6003 : Ordinance - Short-Term Rentals Update) Pacifica City Council 8
July 14, 2025
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

9.a
Packet Pg. 161 Attachment: Attachment A_STR CC Staff Report_2025-07-14 City Council - Full Agenda-1596 (6003 : Ordinance - Short-Term Rentals Update)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/11/2025
1 SUBJECT:

General Plan Amendments (GPA-108-25), Zoning Ordinance (TA-128-25), and Associated Land Use (GPA-108-25) and Zoning Map Amendments (RZ-216-25) Implementing the Rezoning Program (File No. 2025-007) required under the 2023-2031 Housing Element.

Recommended California Environmental Quality Act (CEQA) Action: Certify a Final Environmental Impact Report, Adopt Findings of Fact and Statement of Overriding Considerations, and Mitigation, Monitoring, and Reporting Program.

RECOMMENDED ACTION:

1. Adopt a Resolution Certifying a Final EIR and Adopting Findings of Fact and Statement of Overriding Considerations, and Mitigation, Monitoring, and Reporting Program;

2. Adopt a Resolution approving amendments to the General Plan text and land use map; and

3. Waive the first reading and introduce an ordinance approving the amendments to the zoning code, and zoning map
STAFF CONTACT:

Samantha Updegrave, LEED AP, Community Development Director (650) 738-7443
[email protected]
Brianne Harkousha, AICP, Deputy Director
(650) 738-7443
[email protected]
10 Packet Pg. 162
Pacifica City Council 2
August 11, 2025
BACKGROUND:

The City is required by state law to adopt zoning as required by its 2023–2031 Housing Element to facilitate the development of housing for all income levels. The Housing Element is currently uncertified and the City must complete the rezoning of identified sites before the California Department of Housing and Community Development (HCD) can certify the Housing Element.

The proposed Housing Element Rezoning Program includes General Plan amendments, Zoning Code amendments, and map changes to implement Housing Element policies and designate appropriate sites for housing. Adoption of the rezoning program is necessary for the City to formally submit the full rezoning package to HCD and initiate the certification review process.

The Planning Commission considered the proposed program over three public hearings, provided detailed direction, and recommended adoption with several refinements. The proposed rezoning program would establish appropriate zoning and objective development standards for 30 sites identified in the Housing Element, excluding Site 23-Sanchez Art Center, as necessary to accommodate the City’s Regional Housing Needs Allocation (RHNA).

1. Project Description
The proposed project - referred to as the “Rezoning Program”- consists of a package of amendments to the City of Pacifica’s General Plan, Zoning Ordinance, and associated components to bring the City into compliance with state housing laws. Specifically, the Rezoning Program includes:
a. General Plan Text Amendments
b. Zoning Code Text Amendments
c. General Plan Land Use Map Amendments
d. Zoning Map Amendments
The amendments are analyzed in a comprehensive Environmental Impact Report (EIR) and are necessary pursuant to Housing Element Implementing Action 1 (HE-I-1), General Plan and Zoning Amendments to Achieve RHNA1, enabling the City‘s 2023-2031 Housing Element to obtain final certification from HCD.

State Law Requirements
Every city and county must adopt a Housing Element that identifies how it will meet existing and projected housing needs. Each jurisdiction must accommodate its assigned Regional Housing Needs Allocation (RHNA) and update its Housing Element every eight years. Failure to adopt a compliant Housing Element can result in significant consequences such as limitations on local land use authority.

Pacifica’s 6th cycle RHNA (2023-2031) assigned the City a total of 1,892 housing units, including 848 lower-income units. To meet this obligation, the City must demonstrate that it has adequate land, zoning, and policies to facilitate this level of housing production. The following section provides an overview of how the City of Pacifica has planned for and is implementing its Housing Element and Rezoning Program to fulfill these state-mandated obligations.

Pacifica’s Housing Element & Rezoning Program Process
The City of Pacifica undertook the preparation of its 2023-2031 Housing Element between 2022 and 2025.
1 Regional Housing Needs Allocation
10 Packet Pg. 163
Pacifica City Council 3
August 11, 2025
The City Council has been extensively involved in the development of the Housing Element, participating in three meetings to review various aspects of the draft before considering its adoption on two separate occasions. Input from the City Council has been critical to the process and ensured that public input has been thoroughly considered and incorporated where possible.

In addition, the Planning Commission held a four-meeting series on matters related to the Housing Element to further inform the process and provide public input opportunities. Most recently, the Planning Commission held three public hearings on the HE Rezoning Program (HE-I-1), offering additional opportunities for public input and facilitating a thorough review of the first HE program implementation. The following list summarizes the City Council and Planning Commission’s involvement to date:

Table 1: City Council and Planning Commission Involvement Meeting Date Meeting Description Agenda
Report Meeting Video Minutes
March 21,
2023
Joint study session of City
Council and Planning
Commission for HE
Agenda
report Meeting video Minutes
June 19, 2023
Planning Commission
Discussion of ODS Part One
Agenda
report Meeting video Minutes
August 21,
2023
Planning Commission
Discussion of ODS Part Two
Agenda
report Meeting video Minutes
September 5,
2023
Planning Commission
Discussion of ODS Part Three
Agenda
report Meeting video DraftMinutes
September
25, 2023
Joint study session of City
Council and Planning
Commission for HE
Agenda
report Meeting video Minutes
October 16,
2023
Joint study session of City
Council and Planning
Commission for HE
Agenda
report Meeting video
Minutes
January 22,
2024
City Council Adoption of
Housing Element
Agenda
report
Meeting video
(part 1); video
(part 2)
Minutes
February 5,
2024
Planning Commission
Discussion of ODS Part Four
Agenda
Report Meeting video Minutes
March 24,
2025
City Council Readoption of
Housing Element
Agenda
Report
Meeting video
(part 1); video
(part 2)
Minutes
May 19, 2025
Planning Commission HE
Rezoning Program
(HE-I-1)
Agenda
Report Meeting video Minutes
June 2, 2025
Planning Commission HE
Rezoning Program
(HE-I-1)
Agenda
Report Meeting video Minutes
July 7, 2025
Planning Commission HE
Rezoning Program
(HE-I-1)
Agenda
Report Meeting video Minutes
10 Packet Pg. 164
Pacifica City Council 4
August 11, 2025
The initial adoption of the Housing Element by City Council occurred on January 22, 20242.

Following City Council adoption, staff transmitted the Housing Element to the California Department of Housing and Community Development (HCD) to initiate a 60-day review for certification. HCD provided formal written comments on March 29, 2024, listing changes needed for HCD to deem the Housing Element compliant with state law. Additional comments regarding Affirmatively Furthering Fair Housing were received on October 15, 2024. The City proactively coordinated with HCD staff on draft refinements required for certification and incorporated revisions to the Housing Element. The revised Housing Element was reviewed by HCD and found to meet the statutory requirements of State Housing Element Law, pending a technical edit to HE-I-1
3 and completion of rezoning. HCD’s conditional compliance letter4 indicated that
final certification would be granted upon the City’s completion of the Rezoning Program as outlined in Program HE-I-1, which establishes the requirements to amend the General Plan designations and zoning to accommodate the City’s RHNA. City Council readopted the revised Housing Element on March 24, 20255, as required to complete the Housing Element process.

Pacifica’s RHNA for the 2023-2031 Housing Element is 1,892 units. Due to “no net loss provisions” in state law and prioritization of affordable housing development opportunities in Pacifica, the Housing Element includes a buffer on top of the RHNA6. This resulted in the identification of required General Plan amendments and/or rezoning (Rezoning Program) for a total of 2,042 housing units across 31 sites. Maps demonstrating all of the City’s sites in the Housing Site Inventory are referenced in Figure F-1: Pacifica Opportunity Sites (“Sites Inventory” or “Sites List”) in the City’s adopted Housing Element5 above. The Rezoning Program (Program HE-I-1) is a critical step in fulfilling the City’s obligation under state housing laws.

City staff has maintained regular communication with HCD to ensure the City’s Rezoning Program meets the requirements for Housing Element certification. On April 18, 2025, City staff met with HCD staff to present the City’s rezoning strategy for implementing Housing Element Program HE-I-1, including anticipated development standards and example zoning code language. During the meeting, staff walked through preliminary zoning text amendments and explained how the proposed districts would facilitate housing production at densities identified in the Housing Element, while remaining consistent with State law.

HCD staff responded positively and indicated a willingness to conduct a preliminary review of the full draft rezoning package to help identify any potential issues before formal adoption. In response, City staff compiled and submitted the draft zoning text and map amendments to HCD on May 16, 2025. HCD conducted a preliminary review of the draft Rezoning Program package that was provided to the Planning Commission for the May 19th Planning Commission meeting and did not identify any areas of non-compliance that require edits.

The Planning Commission recommended a number of changes to the by-right provisions. Since HCD had previously reviewed this section and indicated compliance, staff had a subsequent meeting with HCD on July 29, 2025, where they recommended some additional revisions.

These revisions are addressed below under Planning Commission Review and Recommendation.
2 2023-2031 Housing Element, adopted January 22, 2024: “City Council Adopted Version - January 22, 2024”
3 “Email from HCD: HE-I-1, Action 8 Technical Edits, March 18, 2025” 4 HCD’s Conditional Compliance Letter, dated March 19, 2025 5 2023-2031 Housing Element, adopted March 24, 2025: “Pacifica’s Housing Element 2023-2031 (Adopted by City Council on March 24, 2025”
6 City of Pacifica 2023-2031 Housing Element, Table 2 RHNA Capacity Analysis (pg. 10) 10 Packet Pg. 165
Pacifica City Council 5
August 11, 2025

2. Planning Commission Review and Recommendation
The Planning Commission was instrumental in shaping the objective design and development standards (ODS) integral to the drafting of the Rezoning Program, holding multiple study sessions as noted above. These meetings facilitated a collaborative approach, incorporating public input and analysis to refine the standards. To the extent feasible, the feedback received by Planning Commission of the draft objective development standards were compiled as part of the initial draft Rezoning Program.

The Planning Commission considered the proposed Rezoning Program over the course of three public hearings, on May 19, June 2, and July 7, 2025. During these meetings, the Commission reviewed all components of the program — including the General Plan and Zoning Ordinance text amendments, land use and zoning map changes, and the environmental impact analysis.

Based on their deliberations and community input, the Commission directed staff to make several refinements to the draft, including clarifying the intent of the Mixed-Use Institutional designation, updating parking and building height standards, and removing a previously proposed overlay in favor of a new section addressing state-mandated by-right housing review procedures. A summary of the final proposed amendments, reflecting the Commission’s recommended changes, is included below. On July 7, 2025, the Commission voted to recommend that the City Council adopt the full Rezoning Program and certify and adopt the associated environmental documentation (Attachment I).

Planning Commission Recommendations
The Planning Commission’s review of the Housing Element Rezoning Program over three public hearings (May 19, June 2, and July 7, 2025) resulted in meaningful recommendations that shaped the final package now before the City Council. These recommendations reflect thoughtful consideration of public input, housing feasibility, neighborhood character, and administrative clarity.

As directed by the Planning Commission, staff updated components of the Rezoning Program to ensure the proposed amendments not only meet the requirements of state law but also allow Pacifica to effectively implement its Housing Element in a way that reflects local values and conditions.

Key discussions and recommendations, based on issues identified by the Planning Commission during the public review process, include:
• Removal of Sanchez Art Center (Site 23) from Rezoning Program: As part of its recommendation, the Planning Commission directed staff to remove Site 23 – the Sanchez Art Center – from the Rezoning Program. The Commission acknowledged the unique role of the site as a long-standing community arts facility and expressed interest in allowing a future, stand-alone planning process to determine appropriate land use and zoning for the site. Additionally, the Commission acknowledged staff’s efforts escalating this issue to HCD and HCD’s response7 confirming that the site could be removed from Rezoning Program but remain in the Housing Element as a buffer site. This approach would allow the City to conduct more tailored public engagement and develop sitespecific General Plan and zoning standards at a later time, without delaying the current Rezoning Program or reopening the Housing Element.

Accordingly, changes to Site 23 have been removed from the proposed General Plan Land Use and Zoning Maps and all associated references have been struck from the zoning code text amendments. Any future consideration of housing or other changes to 7 HCD’s Email Confirming Removal of Site 23 from the Rezoning Program 10 Packet Pg. 166
Pacifica City Council 6
August 11, 2025
the site would be subject to separate review and action by the Planning Commission and City Council, informed by a robust public process.
• Streamlining of By-Right Housing Review and Removal of Overlay Zone:

The Planning Commission recommended revisions to the by right provisions, which require ministerial by right review of certain qualifying housing projects on sites designated for lower-income housing in the Housing Element. The by right provisions are in a new section in Article 54, “Higher Density Residential and Higher Density Mixed Use Districts.”. These provisions were included to implement Program HEI-1, which requires the following: “Rezone to implement state Government Code sections 65583, subdivision (c)(1) and 65583.2 subdivisions (c), (h), and (i) to allow approval of residential developments “by-right” if at least 20 percent of the units are affordable to low income, including sites identified in multiple housing elements and sites to accommodate lower-income RHNA shortfall.”
The Planning Commission revised the by right provisions to: (1) remove crossreferences to the Housing Element program HE I-1 and the Housing Element sites inventory that list the sites subject to the by right provisions; and (2) remove language listing the state law requirements to be eligible for by right approval. The Planning Commission understood that staff would be conferring with HCD on whether the changes were acceptable since HCD had previously reviewed this section and indicated compliance with the language recommended to be removed. Therefore, staff had a subsequent meeting with HCD on July 29, 2025, to confirm whether the revised language continued to meet the requirements to achieve approval and, ultimately, certification of the Housing Element. HCD found that a number of the revisions were acceptable, including the removal of subsections that listed the state law requirements for by-right approval. They noted two changes that would be required for certification8 (Attachment E), as follows:
▪ Add references to the specific shortfall lower-income sites that are subject to the by-right requirements. This can be accomplished by including the prior reference to the Housing Element sites inventory in Section 9-

4.5403(b): "Specifically, it applies to the sites listed in the City of Pacifica 6th Cycle (2023-2031) Housing Element sites inventory, which are designated to address the shortfall of lower-income RHNA units."

▪ Add a reference to section 65583.2(i), and remove the reference to section 65583(f), in Section 9-4.5403(b).

These two changes, as recommended by HCD for the Rezoning Program to meet state housing element law, are incorporated in the Draft Ordinance being considered by the City Council.
• Refinements to Development Standards Informed by Test Fits and Usability Goals Throughout the Planning Commission’s deliberations, Commissioners emphasized the importance of aligning development standards with the physical feasibility of housing construction on the rezoned sites. To help guide these refinements, the Commission considered test fit studies9 prepared by Van Meter Williams Pollack (VMWP), a San Francisco-based architecture and urban design firm, and Good City Company, which analyzed prototypical site layouts for selected zoning designations (e.g., R-50, MU-60, MU-I-30) included in the Housing Element Site Inventory. These studies provided 8 Pacifica Rezoning Program HCD Follow Up Emails, dated July 16 and July 29, 2025 9 Test Fits by VMWP & Good City Company
10 Packet Pg. 167
Pacifica City Council 7
August 11, 2025
insights into how parking, building massing, open space, and site access could be accommodated under the proposed standards.

As a result of these discussions, the Commission directed the following key revisions to improve clarity, feasibility, and usability:
o Parking Standards were updated to require two on-site spaces per unit with two or more bedrooms, consistent with the original standards proposed by the Planning Commission when developing the ODS. Guest parking was reduced from one space per four units to one space per five units to enhance feasibility while still providing visitor capacity. These changes address both resident concerns about on-street parking availability and the development realities identified in the VMWP and Good City Company analyses. It should also be noted that the proposed ordinance requires one on-site parking space for each studio or one-bedroom unit, which was not revised by the Planning Commission.

While the Planning Commission discussed whether to apply changes to the required number of parking spaces for two-family and multiple-family dwellings citywide, they only recommended changes in the new zoning districts to stay within the purview of the rezoning program itself. While preparing the final Draft Ordinance, staff discovered that this specific change was intended to apply citywide, as identified in HE-I-1 Action 14, and not just the new zoning districts.

Staff have, therefore, made changes in the final Draft Ordinance to parking citywide consistent with the above parking standards for Council consideration. o Retention and Clarification of Building Height Measurement Standard At the second hearing, the Planning Commission proposed modifying how building height is measured—specifically by introducing an “average grade plane” methodology, which is common in many jurisdictions and intended to account for sloped lots, and asked staff to prepare a draft measurement for consideration.

During their review at the third hearing, the Planning Commission expressed concerns that the proposed change could create unnecessary complexity, reduce predictability, and deviate from longstanding local practice. After discussion, the Commission recommended removing the proposed change entirely and retaining the City’s existing method for measuring building height. Therefore, the recommended building height standard is that height is measured from the lowest point of finished grade along the perimeter of the building to the highest point of the structure, excluding certain permitted projections. This approach is more familiar to applicants, design professionals, and staff, and is seen as easier to administer across Pacifica’s varied terrain.

While the methodology itself remains unchanged, the Commission directed staff to refine and clarify the language in the Zoning Code to ensure better usability and consistency. The updated language was moved from the definitions to Section 9-4.2501 for ease of use and clarity. The language helps ensure that future applicants and staff can interpret and apply the standard the height section more effectively, while avoiding ambiguity in complex site conditions.

Height measurement methodology will be studied in more detail during citywide zoning reform and object development standards projects. o Rooftop Features (such as elevators, stair towers, and mechanical equipment) now have clearly defined objective standards for location, screening, and height 10 Packet Pg. 168
Pacifica City Council 8
August 11, 2025
above rooflines, ensuring that necessary building functions are accommodated without causing undue bulk or visual disruption.
o Design Standards related to lot coverage, massing, stepbacks, articulation, and private open space were updated for clarity and enforceability. The changes promote housing production in a form that is both compatible with existing neighborhood character and administratively straightforward to review.

Together, these refinements respond to Commission and community input, while reinforcing the City’s commitment to ensuring that the rezoned sites can realistically accommodate the intended housing capacity envisioned in the Housing Element.

Overall, the Planning Commission expressed support for the full Rezoning Program and confirmed that the changes represent a responsible path forward to facilitate new housing while protecting community character. The proposed program balances state housing mandates with local implementation considerations and enables the City to submit a complete rezoning package to HCD for final Housing Element certification.

3. Summary of Proposed Amendments
General Plan Amendments
The rezoning program requires amendments to the General Plan land use designations to establish new densities on sites required to be rezoned in the Housing Element. • New Land Use Designations
Twelve new General Plan Land Use designations are proposed. The land use designations fall under three overarching categories: Multifamily Residential (R-#), Mixed Use (MU-#), and Mixed-Use Institutional (MU-I-#). Each designation has a specific minimum and maximum density (dwelling units per acre) that reflect densities in the Housing Site Inventory in the Housing Element. For example, MU-30 is a mixed-use designation that provides for up to 30 dwelling units per acre. The new designations are provided below:

Table 2. Proposed Land Use Designations
Land Use Designations Description
20-30
units/
acre
25-40
units/
acre
30-50
units/
acre
40-60
units/
acre
Multifamily
Residential
(R-#)
R-30 R-40 R-50 R-60 This land use is intended for higherdensity multifamily residential uses.

Mixed Use
(MU-#)
MU-30 MU-40 MU-50 MU-60 This land use is intended for higherdensity mixed-use development, including residential and commercial
uses. Allowable uses would include a
range of commercial activities
consistent with the City’s current
zoning standards for comparable
commercial zoning districts.
10 Packet Pg. 169
Pacifica City Council 9
August 11, 2025
Mixed Use
Institutional
(MU-I-#)
MU-I-30 MU-I40MU-I50MU-I60This land use is intended for higherdensity mixed-use development, including residential and institutional
and incidental commercial uses,
similar to the new R# standards and
consistent with existing standards for
similar zoning districts.
• General Plan Text Amendments
The Rezoning Program includes amendments to the City of Pacifica General Plan 2040. The amendments are shown as redlined text in Attachment B, Exhibit B and key changes are identified below:
o Updates to text addressing the status of Housing Element adoption to reflect adoption of the revised 2023-2031 Housing Element.
o Addition of the new land use designations under the Rezoning Program. o Added descriptions of the intent and densities of the new land use designations. o Addition of non-residential floor area ratio (FAR) standards for the mixed use (MU-#) designations in Table 4-1.
o Updates to residential buildout to reflect new land use designations in Table 4-2 and nonresidential buildout in Table 4-3. Update text that references Table 4-2 and Table 4-3.
o Revised policies in the Biological Resources section of the Conservation chapter to be consistent with environmental protection measurements raised by California Department of Fish and Wildlife (CDFW) during the Environmental Impact Report. • General Plan Land Use Map Amendments
A revised General Plan Land Use map has been prepared to show the new Land Use designations (Attachment B, Exhibit A). Detailed land use maps are currently being updated by staff and will be further updated to reflect the adopted amendments and to take all administrative actions necessary to implement the amended General Plan. Existing Land Use Maps are provided for reference as Attachment F.

Zoning Code Amendments
The Rezoning Program requires zoning ordinance amendments (Attachment C, Exhibit A) to establish zoning and combining districts, and objective standards that establish allowable uses and design and development standards for new development on sites required to be rezoned in the Housing Element. Some changes would apply citywide to comply with state laws or to clarify existing zoning provisions and improve consistency across districts. A redlined text version of the Zoning Ordinance amendments is included as Attachment D for reference. • New Zoning Districts
Proposed Zoning Districts align with the proposed General Plan Land Use Designations as described below:
10 Packet Pg. 170
Pacifica City Council 10 August 11, 2025
Table 3. Proposed Zoning Districts
Zoning Districts
20-30
units/ acre
25-40
units/ acre
30-50
units/ acre
40-60 units/ acre
Multifamily Residential (R-#) R-30 R-40 R-50 R-60
Mixed Use (MU-#) MU-30 MU-40 MU-50 MU-60
Mixed Use Institutional (MU-I-#) MU-I-30 MU-I-40 MU-I-50 MU-I-60 • Zoning Text Amendments
o New Articles Added to Zoning Ordinance
Additionally, new articles are proposed for each new zoning designation and design standards to accommodate future higher density development proposals.

Table 4: New Articles Added to Zoning Ordinance
Article Topic Summary of Amendments
Article 54 Higher
Density
Residential
and Higher
Density
Mixed-Use
Districts
Establish objective standards for use, such as minimum
residential floor area requirements for MU-# and MU-I-# Districts; establish objective design standards including stepbacks above the second story, ground-level and frontage requirements, and standards for ground-floor commercial uses. Also includes section related to state requirements for by-right review on certain sites with proposed housing development projects that meet specific criteria.

Articles
55 – 66
New Zoning
Districts &
Standards
Establish 12 new base districts (e.g., R-30 to R-60, MU-30 to MU-60, MU-I-30 to MU-I-60) to implement the Housing Element; includes permitted uses and development standards. Establish specific regulations and objective design and development standards for new zoning districts.

Article 67 MultipleFamily
Housing
Polygon
Combining
District
To promote multi-family residential and/or mixed-use residential development per the underlying zone, within specific areas or polygons on a larger site.
o Revised Existing Articles and Sections. Several existing zoning code sections are proposed for revision to align with current State housing laws, support implementation of the Rezoning Program, and improve internal consistency within the code. These updates clarify how density, parking, and development standards apply to new zoning districts and reflect best practices to facilitate housing production.

Table 5: Revisions to Existing Articles & Sections
Article Topic Summary of Amendments
Article 2
(Revised)
Definitions Revised terms like ‘Family’ to be consistent with State law. Adds terms like ‘Stepback', and ‘Mixed Use Residential,’ and 10 Packet Pg. 171
Pacifica City Council 11 August 11, 2025
clarifications to existing definitions to support new code sections.

Article 3
(Revised)
Establishment
of Districts
Updates established districts with new districts.

Article 5
(Revised)
R-2 Two
Family
Residential
District
Standards
Updates permitted and conditional uses to align with State law. • Family daycare homes, defined as serving 14 children or less, are considered residential uses pursuant to State law and cannot be subject to zoning review or required to obtain a business license. The use would be removed from the
permitted uses to clarify that it is not a separate use, and the definition in Article 2 would have a conforming edit. • Per the State’s definition of Family daycare homes, the maximum number of children is 14. Therefore it is not
necessary to have a conditional use allowance for homes over 14 children and this conditional use was deleted.

Article 6
(Revised)
R-3 Multiple
Family
Residential
District
Standards
Article

6.5 (Revised)
R-3/L.D.

Multiple
Family
Density
Residential
District
Article 23
(Revised)
General
Provision and
Exceptions
Revises rounding of numbers in calculating density to align with State law.

Article 24
(Revised)
Residential
Clustered
Housing
Development
Standards
Specifies that new districts are not subject to clustered housing standards and refers development in new districts to standards in Article 54 for Higher Density Residential and Higher Density Mixed Use Districts.

Article 25
(Revised)
Height Limits Refines language for measuring building height citywide. Adds standards for rooftop projections and elevators. Revises retaining wall measurement.

Article 28
(Revised)
Off-street
Parking and
Loading
Clarifies language, reduces parking requirements for two-family and multiple-family units per HE-I-1, revises standards to allow more flexibility for higher density housing, adds non-residential parking standards for the new districts similar to the Sharp Park Specific Plan.
• Zoning Map Amendments
A revised Zoning map and detailed section maps have been prepared to show the new zoning designations(Attachment C, Exhibit B). Existing zoning maps are provided as Attachment G for reference.

4. Policy Considerations
For the Council’s consideration, the Rezoning Program represents a key milestone in fulfilling the City’s legal obligation under State Housing Element law while advancing broader policy goals related to housing, equity, and responsible growth. Adoption of the program will allow the City to formally submit the Housing Element, which must include an adopted rezoning package, to HCD for review and potential certification of the 2023-2031 Housing Element.

Implementation of the Housing Element
The purpose of Program HE-I-1, General Plan and Zoning Amendments to Achieve RHNA, is to create the regulatory framework to accommodate the RHNA sites inventory, promote development of multi-family housing, including rental housing and missing middle housing, as 10 Packet Pg. 172
Pacifica City Council 12 August 11, 2025
well as address land use constraints10 to make the production of housing more likely.

Specifically, this program is designed to address constraints including governmental land use constraints related to the general plan, zoning, local coastal plan, and multi-family housing. The program also indirectly addresses many of the nongovernmental, environmental, land cost, construction cost, financing, and California Coastal Act constraints.

Program HE-I-1 is comprised of 17 implementation actions11 that address City processes and policies (governmental constraints) and external factors such as development costs (nongovernmental constraints) to reduce barriers and encourage the development of a variety of housing types and affordability. The timeline for these actions spans from 2025 through 2027.

The Planning Commission removed references to HE-I-1 from their resolutions because they felt the Rezoning Program was more broadly applicable. Because the Rezoning Program is specifically required under HE-I-1, staff has included references in the Council recitals to provide clarity in the record and as evidence to HCD that the City is meeting the obligations of this program. Specifically, the Rezoning Program addresses the policies in the Council-adopted 2023-2031 Housing Element and implements HE-I-1 by:

Table 6: Program HE-I-1 Applicable Implementing Actions # Implementing Action Rezoning Program
1 Amend General Plan Land Use
designations and zoning designations to
accommodate the RHNA by May 2025.

Land Use and Zoning designations
updated on 30 of the 31 Housing
Opportunity Sites.
2 Review the zoning regulations and map to
identify inconsistencies between the
general plan densities and uses and the
currently adopted zoning regulations and
amend accordingly to resolve.

Housing Element is part of the General
Plan, and rezoning program addresses
inconsistencies by creating new zoning
designations and objective design and
development standards and makes other
minor changes to Zoning Ordinance to
facilitate consistency.
4 Complete any required CEQA
environmental analysis for redesignation
and rezoning by May 2025.

Draft EIR published December 14, 2024;
Final EIR and environmental documents
proposed for certification and adoption.
8 Rezone to implement state Government
Code sections 65583, subdivision (c)(1)
and 65583.2 subdivisions (c), (h), and (i) to
allow approval of residential developments
“by-right” if at least 20 percent of the units
are affordable to low income, including
sites identified in multiple housing
elements and sites to accommodate lowerincome RHNA shortfall.

Provisions included in PMC Section 9-

4.5403 “State Law By-Right Approval
Requirements.”
10 Rezone the following core RHNA sites to
60 dwelling units per acre: Sites 10, 18,
27A, 27B, and 32.

Proposed.
11 Rezone the following surplus sites to 60
dwelling units per acre: Site 12.

Proposed.
10 See Appendix G “Housing Constraints” of the 2023-2031 Housing Element for detailed discussion 11 See “HE-I-1 General Plan and Zoning Amendments to Achieve RHNA” in the 2023-2031 Housing Element for a list of all implementing actions
10 Packet Pg. 173
Pacifica City Council 13 August 11, 2025
13 Amend Zoning Code for the commercial
and mixed-use sites included to achieve
RHNA to require a minimum amount of
residential within the development and
prohibit 100% commercial uses and other
requirements in accordance with
Government Code section 65583.2.

Proposed in Article 54 “Higher Density
Residential and Higher Density Mixed Use
Districts,” as well as the individual MU-#
and MU-I-# Districts.
14 Amend zoning code to remove constraints
to housing production including:
a. Reduce the off-street parking
requirement for studio and one-bedroom
units to one parking space per unit
(covered or uncovered), and require no
guest parking for such units citywide.
b. Revise use and density descriptions
regarding the term “Family” within the
zoning regulations citywide.
c. Increase height limits where necessary
to achieve RHNA capacity on sites.
d. Reduce setbacks where necessary to
achieve RHNA capacity on sites.
a. Parking: Proposed parking standards for
two-family and multi-family uses in all
districts reflects the reduced number of
required parking spaces for studio and
one-bedrooms, including no guest parking;
removed requirement for one parking
space to be covered for two-family and
multifamily citywide.
b. “Family” definition revised.
c. Heights of rezoned sites can
accommodate RHNA, however, the
citywide methodology for measuring
height, even with clarifying edits
recommended by the Planning
Commission, is a constraint on sloped lots
that may require the use of waivers to
achieve the densities established in the
General Plan and Zoning Ordinance.
d. Setbacks on rezoned sites have been
scaled to accommodate RHNA
Other key policy considerations include:
• State Compliance and Housing Element Certification: Timely adoption of the Rezoning Program will allow the City to meet its RHNA obligations and avoid potential consequences such as limitations on local land use authority. • Refined Development Standards: Planning Commission recommendations – including clarification of land use categories, updates to parking, and height standards, and by right review procedures – aim to improve clarity and feasibility and administrative implementation.
• Future Planning for Site 23: Site 23 (Sanchez Art Center) has been removed from the rezoning program. The City Council could decide at a later time to pursue a separate, community-informed rezoning process without delaying Housing Element compliance.

5. Next Steps
If the Rezoning Program is adopted by City Council, the next steps include the following:
• Submittal to HCD: Staff will finalize and formally transmit the 2023-2031 Housing Element (adopted March 24, 2025) and adopted rezoning package to HCD for formal review;
• HCD Review: HCD is allotted 60 days to complete their review of the Housing Element, including the rezoning program, for compliance with state housing element law.

However, they have indicated that they will try to expedite their review after the second reading/adoption. If additional revisions are requested, staff may return to the Planning 10 Packet Pg. 174
Pacifica City Council 14 August 11, 2025
Commission and City Council with proposed amendments to the adopted ordinance. In their letter dated March 19, 2025, HCD indicated that the City’s Housing Element as adopted on March 24, 2025, would be in compliance upon completion of the rezoning program. In a mutual effort to ensure compliance, staff have been coordinating with HCD on the rezoning program between April and July 2025, including reviewing recommended changes from the Planning Commission.
• Housing Element Certification: Upon HCD approval of the rezoning program, the City’s Housing Element deemed compliant with State law, and effectively certified; • Implementation of Rezoning Program: Staff will begin implementing new zoning standards, update internal procedures and application materials, and track progress through required annual reporting to HCD. (HE-I-1, Actions 15 and 17) • Local Coastal Land Use Plan (LCLUP): Staff will submit an LCP amendment to the to the California Coastal Commission for land use and zoning changes to four sites within the coastal zone. (HE-I-1, Action 3)
• Mid-Cycle Review: Staff will complete a mid-cycle review in 2027 of the status of progress toward reaching RHNA. (HE-I-1, Action 16)
• Future Planning Work and Continued Implementation and Monitoring of Housing Element Programs: Staff will continue to work on other program implementation items per the Council’s Strategic Plan and departmental workplan. This includes ongoing monitoring and required annual reporting to HCD.

ENVIRONMENTAL REVIEW (CEQA):

An Environmental Impact Report (EIR) was prepared to evaluate the proposed Rezoning Program consistent with the requirements of the California Environmental Quality Act (CEQA).

The EIR is intended to inform decision-makers and the public of the potential significant environmental impacts of the proposed project, consider feasible mitigation measures to minimize those impacts, and evaluate reasonable alternatives to the Rezoning Program. The Pacifica Housing Element (6th Cycle) Targeted General Plan Amendments, Rezoning, and Objective Development Standards Program Environmental Impact Report (Rezoning Program EIR) was prepared as a programmatic EIR to assess the effects of implementing the Rezoning Program, including land use and zoning changes and adoption of objective development standards.

At its July 7, 2025, public hearing, the Planning Commission reviewed and considered the Final EIR (FEIR), and recommended that the City Council certify the FEIR, adopt CEQA Findings of Fact and a Statement of Overriding Considerations for the significant and unavoidable impacts identified in the EIR, adopt the Mitigation Monitoring and Reporting Program (MMRP), and approve the Rezoning Program. These actions are now before the City Council for consideration as the required CEQA review for the Rezoning Program, consistent with the Planning Commission’s recommendation. The programmatic EIR does not evaluate projectspecific impacts that may result from individual developments under the Rezoning Program; such projects will be subject to future environmental review as required by CEQA. Where appropriate, projects may also be eligible for streamlined review under applicable CEQA provisions.
• CEQA Timeline
The CEQA process was initiated in 2023. A Notice of Preparation (NOP) for the EIR was submitted to the State Clearinghouse on July 11, 2023, and circulated to relevant agencies and the public. After revisions to the project, a revised NOP was issued and circulated on May 3, 2024, which started the current CEQA process. An EIR Scoping Meeting was held via Zoom on May 22, 2024, to gather input on the scope, impacts, mitigation measures, and alternatives to be considered. The Draft EIR was released on 10 Packet Pg. 175
Pacifica City Council 15 August 11, 2025
December 13, 2024, and made available online, at City offices, and local libraries. The formal public comment period ran from December 13, 2024, to February 3, 2025 (extended from the original closing date of January 26, 2025). A public comment meeting on the Draft EIR was held on January 15, 2025. The Final EIR includes responses to all substantive comments and incorporates clarifications or revisions as necessary.
• Summary of Environmental Impacts
The EIR identified significant and unavoidable impacts, as well as other impacts that are less than significant or may be reduced to less than significant levels with mitigations.

Significant and unavoidable impacts are impacts are above certain thresholds provided by the State or regulatory agencies to classify the level of impact and cannot be avoided even with application of mitigations to reduce impact. The Summary of Impacts and Mitigation Measures (Table ES-3) in the EIR12 provides a summary of impacts and mitigation measures. The significant and unavoidable impacts are impacts that, despite changes or alterations that have been or are required to be implemented and despite mitigations to reduce the impacts, remain significant and unavoidable. The identified significant and unavoidable impacts relate to greenhouse gas emissions and transportation. Expanded discussion on the impacts is provided in EIR Chapter 5.3 Significant and Unavoidable Impacts and under the CEQA Findings and Facts in Support of Findings in the FEIR and Statement of Overriding Considerations (Attachment A, Exhibit A).

Greenhouse Gas Emissions
Impact 3.5-1: Implementation of the Proposed Project would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

Impact 3.5-2: Implementation of the Proposed Project would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

Implementation of the Rezoning Program and EIR mitigation measures would reduce GHG generation compared to existing conditions. Buildout under the Rezoning Program would result in greater reductions than buildout of the General Plan without the Rezoning Program given the emphasis on denser housing closer to transit, which lowers VMT.

However, it is conservatively assumed that additional reductions are needed in order to meet the Climate Action Plan 2050 and State’s 2045 targets. Without further State action, it is unlikely that local efforts alone would be sufficient to meet carbon neutrality by 2045 and thereby reduce the impact to a less-than-significant level. Impacts would be significant and unavoidable. Significant and unavoidable impacts are impacts characterized as above certain thresholds provided by the State or regulatory agencies to classify the level of impact and cannot be avoided even with application of mitigations to reduce impact.

Transportation
Impact 3.11-2: Implementation of the Proposed Project would conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b).

CEQA Guidelines Section 15064.3 requires that the determination of significance for transportation impacts be based on Vehicle Miles Traveled (VMT). The transportation 12 Final EIR
10 Packet Pg. 176
Pacifica City Council 16 August 11, 2025
impact as analyzed under CEQA considers project impact relative to a threshold of significance of 15 percent below baseline rates. The addition of multifamily units and retail employment under the Rezoning Program is expected to reduce VMT per capita.

However, there are VMT measures that remain above the thresholds of significance including VMT per employee, although lower relative to General Plan buildout, and home-based VMT, which would increase by only 0.5 percent. Therefore, impacts would be significant and unavoidable.
• Mitigation Monitoring and Reporting Program (MMRP)
Mitigation measures identified in the EIR are compiled in the Mitigation Monitoring and Reporting Program (MMRP) (Attachment A, Exhibit B). These measures are designed to avoid, minimize, or offset the significant environmental impacts of the Rezoning Program. Future development projects facilitated by the Rezoning Program would be required to comply with all applicable mitigation measures, either at the plan-level or project-level as appropriate.

Findings of Fact and Statement of Overriding Considerations As part of the certification process, the City Council will also consider adoption of the CEQA Findings of Fact, the Statement of Overriding Considerations for the significant and unavoidable impacts, and the MMRP. These documents, together with the certified Final EIR, will provide the foundation for the City’s implementation of the Rezoning Program consistent with CEQA.

PUBLIC COMMENTS :

The City received extensive written public comments during the three Planning Commission public hearings on May 19, June 2, and July 7 (see background section above), which are available in the respective agenda.

Additionally, at the time of writing this staff report, staff had received numerous public comment related to this City Council action spanning from April 15, 2025 up until the publication of the agenda (Attachment H).

RECOMMENDATION :

The City Manager recommends certification of the Final EIR and adoption of related environmental documents, adoption of the attached Resolutions and introduction of the Ordinance, which would make certain findings and adopt the Housing Element Rezoning Program, including associated General Plan and Zoning Code amendments and Land Use and Zoning Map changes to implement the certified 2023-2031 Housing Element.

At this time, the City does not have a certified Housing Element. In accordance with state law, rezoning of sites identified in the Housing Element is required prior to certification. Adoption of the Rezoning Program is therefore a critical step in demonstrating compliance with Housing Element law and enabling the City to submit the full Housing Element to HCD for formal review, with the goal of securing Housing Element certification.

Suggested Motions:

A. Move to adopt a Resolution to certify Pacifica Housing Element (6th Cycle, 2023-2031) Targeted General Plan Amendments, Rezoning, and Objective Development Standards Program Final Impact Report, State Clearinghouse No. 202450168, in accordance with the California Environmental Quality Act (CEQA); and adopt Findings of Fact and Statement of Overriding Considerations and Mitigation, Monitoring, and Reporting Program in accordance with CEQA (Attachment A);
10 Packet Pg. 177
Pacifica City Council 17 August 11, 2025
B. Move to adopt a Resolution approving amendments to the General Plan text and land use map to reflect the new General Plan Land Use Designations and to ensure consistency with the Housing Element (with amendments to Chapters 1 (Introduction), 3 (Community Design), 4 (Land Use), and 7 (Conservation) (Attachment B); and C. Waive the first reading and introduce an Ordinance approving the amendments to the Zoning Code (Chapter 4 of Title 9 of the City of Pacifica Municipal Code) and the zoning map to reflect the new Zoning Districts and to ensure consistency with the Housing Element, including amendments to Articles 2, 3, 5, 6, 6.5, 23, 24, 25, 28, and addition of Articles 54 to 67 (Attachment C).

ALTERNATIVE ACTION:

The Council could take the following alternative actions:
• Continue the public hearing to a later date;
• Direct the City Manager to prepare further revisions to the Land Use Designations, General Plan, Zoning Map, and/or Zoning Ordinance; and. depending on the nature of such changes, the Council could remand to Planning Commission or continue the public hearing; or
• Take no action on the Rezoning Program.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

The proposed Housing Element Rezoning Program (HE-I-1) aligns closely with the following items in the Council-adopted Strategic Plan and Priority Work Plan for FY2025-2026:
• Goal 1: Enhance organizational and fiscal stability
o Strategy D: Prepare the Cost Allocation Plan and conduct the Development Impact Fee and Master Fee Studies.

The HE Rezoning Program lays the groundwork for future residential development, which will inform and benefit from updates to the City’s impact fees and cost allocation plans. By planning for growth proactively, the City can better align its fiscal tools with future development patterns, improving long-term financial sustainability. • Goal 3: Prioritize protection and development of affordable housing o Strategy A: Complete the Housing Element Update
o Strategy C: Prioritize Housing Element program implementation This is the most directly applicable goal. The rezoning program is the central action needed to implement the Housing Element and meet state deadlines for rezoning adequate sites to accommodate the City’s Regional Housing Needs Allocation (RHNA), including for very low- and low-income households. Timely adoption ensures HCD certification.

FISCAL IMPACT:

Implementation of the Housing Element Rezoning Program is expected to have no significant immediate fiscal impact, as current efforts are supported by existing staff and budgeted consultant resources.
10 Packet Pg. 178
Pacifica City Council 18 August 11, 2025
Over time, the program may result in revenue increases from property taxes, development fees, and other resources, depending on the scale and timing of future development. Any increased demand on City services is expected to be gradual and consistent with the General Plan growth assumptions.

Importantly, adoption of the program is required to maintain Housing Element compliance and avoid potential financial risks, including loss of state funding eligibility and exposure to legal challenges.

ORIGINATED BY:

Community Development Department
ATTACHMENT LIST:

Attachment A - Draft Resolution to Certify Final EIR_HE Rezoning_250811_FINAL (PDF) Attachment A - Exhibit A. Findings of Fact and Statement of Overriding Considerations_250811 (PDF)
Attachment A - Exhibit B. Mitigation Monitoring and Reporting Program_250811 (PDF) Attachment B - Draft Resolution Approving General Plan Text and Map Amendments_250811_FINAL (PDF)
Attachment B - Exhibit A. Proposed General Plan Land Use Map_250811 (PDF) Attachment B - Exhibit B. Proposed GP Text_REDLINED_250811 (PDF) Attachment C - Draft Ordinance Approving HE Rezoning Program_250811_FINAL (PDF) Attachment C - Exhibit A. Proposed Zoning Text Amendments_CLEAN_250811 (PDF) Attachment C - Exhibit B. Proposed Zoning Maps and Sections_250811 (PDF) Attachment D - Zoning Ordinance_Council REDLINE_250811 (PDF) Attachment E - Pacifica Rezoning Program HCD Follow Up Emails 7-16-25 -7-29-25 (PDF) Attachment F - Land Use Map, Existing, dated 2019_250811 (PDF) Attachment G - Zoning Maps, Existing, dated April 2021_250811 (PDF) Attachment H - City Council Public Comments Related to HE Rezoning Program from April 2025 to Current_250811 (PDF)
Attachment I - Planning Commission Signed Resolutions (PDF) 10 Packet Pg. 179
Pacifica City Council 19 August 11, 2025
ORDINANCE NO. (ID # 6008)
10 Packet Pg. 180
Pacifica City Council 20 August 11, 2025
* * * * *
(ID # 6008) at 8/11/2025 7:00 PM City Council Regular Meeting 10 Packet Pg. 181
1 RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA CERTIFYING A

FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND ADOPTING FINDINGS, A

STATEMENT OF OVERRIDING CONSIDERATIONS,

AND A MITIGATION MONITORING AND REPORTING PROGRAM

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE HOUSING ELEMENT 2023-2031 REZONING PROGRAM (HE-I-1) (FILE NO. 2025-007)
________________________________________________________________ Initiated by: City of Pacifica
WHEREAS, the City of Pacifica 2023-2031 Housing Element Program HE-I-1 establishes the task of amending General Plan Land Use designations and zoning designations to implement the Housing Element, including the development of new designations and regulations required for sites identified in the Housing Element sites inventory (collectively the “Rezoning Program”); and WHEREAS, completion of the Rezoning Program is necessary for the Housing Element to be found in substantial compliance with State law and receive State certification from the California Department of Housing and Community Development; and
WHEREAS, the City of Pacifica prepared a Rezoning Program to implement Program HE-I-1, including amendments to the General Plan, Zoning Code, and General Plan Land Use Map and Zoning Maps to establish new land use designations, zoning designations, and associated regulations including allowable uses and objective standards within the new land use and zoning designations; and WHEREAS, City of Pacifica Planning Division is the Lead Agency for preparing the environmental review for the Project pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, the City of Pacifica Planning Division issued an initial Notice of Preparation of a draft environmental impact report (DEIR) on July 11, 2023, for the Rezoning Program, and subsequently an additional NOP, after the sites to be analyzed changed, on May 3, 2024, which were distributed in compliance with CEQA Guidelines Section 15082; and
WHEREAS, the City prepared the Pacifica Housing Element (6th Cycle) Targeted General Plan Amendments, Rezoning, and Objective Development Standards Program EIR, State Clearinghouse No. 2024050168 for the Rezoning Program in accordance with Public Resources Code Section 21000 et seq. and CEQA Guidelines Section 15000 et seq.; and
WHEREAS, on December 13, 2024 (with filing date by the State Clearinghouse on December 16, 2024), the City of Pacifica issued a Notice of Completion and Notice of Availability for the DEIR, which was distributed in compliance with CEQA Guidelines Sections 15085, 15087, and 15105 and Public Resources Code Sections 21091 and 21092; and
WHEREAS, on December 13, 2024, the City of Pacifica distributed copies of the DEIR to public agencies which have jurisdiction by law with respect to the Rezoning Program and to publicly accessible repositories including at the City of Pacifica Community Development Department Offices, Sharp Park Library, and Sanchez Library and invited comments on the DEIR in compliance with CEQA Guidelines Sections 15085, 15087, and 15105 and Public Resources Code Sections 21091 and 21092; and WHEREAS, the 45-day minimum public review and comment period for the DEIR ran from

10.a
Packet Pg. 182 Attachment: Attachment A - Draft Resolution to Certify Final EIR_HE Rezoning_250811_FINAL (6008 : Housing Element Rezoning Program) 2 December 13, 2024, through January 26, 2025, and was extended by City Council during the public review period to conclude on February 3, 2025; and
WHEREAS, written comments on the DEIR were collected and responses to comments (RTC) were prepared and considered in the revisions made to the DEIR to comprise the Final EIR (FEIR); and WHEREAS, the Pacifica Housing Element (6th Cycle) Targeted General Plan Amendments, Rezoning, and Objective Development Standards Program FEIR, State Clearinghouse No. 2024050168 was made available to the public on May 12, 2025; and
WHEREAS, the FEIR identified certain potentially significant adverse environmental impacts from the Rezoning Program and recommends certain mitigation measures regarding such effects; and WHEREAS, the Rezoning Program would have significant and unavoidable effects on transportation, specifically related to increases in vehicle miles traveled (VMT), and Greenhouse Gas emissions after implementation of identified mitigation measures; and WHEREAS, the Planning Commission of the City of Pacifica adopted Resolution No. 2025-010 recommending that the City Council approve the Rezoning Program (HE-I-1), and certify the Environmental Impact Report (EIR) for the Rezoning Program, having found that the EIR was completed in compliance with the California Environmental Quality Act (CEQA), reflects the City’s independent judgment and analysis, and includes the adoption of Findings of Fact, a Statement of Overriding Considerations, and a Mitigation, Monitoring, and Reporting Program; WHEREAS, the City provided notice of the City Council’s intent to hold a public hearing to consider the EIR, Findings of Fact, Statement of Overriding Consideration, and MMRP and approval of the Rezoning Program, as required by law by publishing a Notice of Public Hearing in the San Mateo Daily Journal July 31, 2025, and by mailing the Notice of Public Hearing to 3,079 surrounding property owners, occupants and interested parties on July 31, 2025; and
WHEREAS, the City Council has read and considered the Final EIR and MMRP prior to making its decision to approve the Rezoning Program; and
WHEREAS, the City Council held a duly noticed public hearing on August 11, 2025, at which time it considered all oral and documentary evidence presented, and incorporate all testimony and documents into the record by reference.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pacifica finds as follows:

1. The above recitals are true and correct and material to this Resolution.

2. In making its findings herein, the City Council relied upon and hereby incorporates by reference all correspondence, oral and written staff reports, public comments and other related materials.

BE IT FURTHER RESOLVED that the City Council of the City of Pacifica does hereby take the following actions with respect to the Final EIR:

1. The City Council finds and certifies that the Final EIR for the Rezoning Program was presented to the City Council, that the Final EIR was prepared, published, circulated,

10.a
Packet Pg. 183 Attachment: Attachment A - Draft Resolution to Certify Final EIR_HE Rezoning_250811_FINAL (6008 : Housing Element Rezoning Program) 3 reviewed and completed in full compliance with State law and CEQA Guidelines, that there was adequate public review of the Draft EIR, that it has considered all comments on the Draft EIR and responses to comments, that the Final EIR adequately discusses all significant environmental issues, and that the Final EIR reflects the independent judgment and analysis of the City Council. The City Council further certifies that it has reviewed and considered the information in the Final EIR.

2. The City Council finds that the information added in the Final EIR does not constitute significant new information requiring recirculation, but rather that additional information clarifies or amplifies an adequate EIR.

3. The City Council hereby certifies the Final EIR for the Project.

4. Pursuant to Public Resources Code section 21081 and CEQA Guidelines sections 15091 and 15093, and in support of its approval of the Rezoning Program, the City Council has reviewed and considered the CEQA Findings of Fact and Statement of Overriding Considerations for the Project, attached hereto as Exhibit A incorporated herein by reference, finds that such Findings of Fact are supported by substantial evidence and adopts the Findings of Fact and Statement of Overriding Considerations.

5. Pursuant to Public Resources Code section 21081.6 and CEQA Guidelines section 15097 and in support of its approval of the Rezoning Program, the City Council has reviewed and considered the Mitigation Monitoring and Reporting Program (MMRP) that requires all mitigation measures described in the Final EIR be implemented by means of project conditions, agreements or other measures, as set forth in the MMRP, attached hereto as Exhibit B and incorporated herein by reference. The City Council hereby adopts the MMRP.

6. The record of proceedings is available for review by responsible agencies and interested members of the public during normal business hours at the Community Development Department, 1800 Francisco Drive, Pacifica, CA 94044. The custodian of these documents is the Community Development Department of the City of Pacifica. * * * * *

10.a
Packet Pg. 184 Attachment: Attachment A - Draft Resolution to Certify Final EIR_HE Rezoning_250811_FINAL (6008 : Housing Element Rezoning Program) 4 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 11th day of August 2025.

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_____________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _____________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney

10.a
Packet Pg. 185 Attachment: Attachment A - Draft Resolution to Certify Final EIR_HE Rezoning_250811_FINAL (6008 : Housing Element Rezoning Program)

EXHIBIT A
Findings of Fact and Statement of Overriding Considerations

10.a
Packet Pg. 186 Attachment: Attachment A - Draft Resolution to Certify Final EIR_HE Rezoning_250811_FINAL (6008 : Housing Element Rezoning Program) [Page Intentionally Blank]

10.a
Packet Pg. 187 Attachment: Attachment A - Draft Resolution to Certify Final EIR_HE Rezoning_250811_FINAL (6008 : Housing Element Rezoning Program)

EXHIBIT B
Mitigation Monitoring and Reporting Program (MMRP)

10.a
Packet Pg. 188 Attachment: Attachment A - Draft Resolution to Certify Final EIR_HE Rezoning_250811_FINAL (6008 : Housing Element Rezoning Program) Pacifica Housing Element
(6th Cycle) Targeted
General
Plan Amendments,
Rezoning, and Objective
Development
Standards Program EIR
CEQA Findings and Facts
in Support of Findings and
Statement of Overriding
Considerations
SCH No. 2024050168
May 16, 2025
Prepared for the
City of Pacifica by

10.b
Packet Pg. 189 Attachment: Attachment A - Exhibit A. Findings of Fact and Statement of Overriding Considerations_250811 (6008 : Housing Element Rezoning CEQA Findings of Fact in Support of Findings and Statement of Overriding Considerations for the Pacifica Housing Element GP Amendments and Rezoning Program EIR ii
Table of Contents
Role of Findings...................................................................................................................................................1 Findings Under CEQA.......................................................................................................................................2 Alternatives........................................................................................................................................................23 Proposed General Plan Benefits....................................................................................................................25 Overriding Considerations Conclusions.....................................................................................................27

10.b
Packet Pg. 190 Attachment: Attachment A - Exhibit A. Findings of Fact and Statement of Overriding Considerations_250811 (6008 : Housing Element Rezoning CEQA Findings of Fact in Support of Findings and Statement of Overriding Considerations for the Pacifica Housing Element GP Amendments and Rezoning Program EIR iii
This page intentionally left blank.

10.b
Packet Pg. 191 Attachment: Attachment A - Exhibit A. Findings of Fact and Statement of Overriding Considerations_250811 (6008 : Housing Element Rezoning CEQA Findings of Fact in Support of Findings and Statement of Overriding Considerations for the Pacifica Housing Element GP Amendments and Rezoning Program EIR