Agenda — Pacifica City Council, April 13, 2026 (part 1 of 2)

CITY OF PACIFICA

CITY COUNCIL AGENDA
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Christine Boles
Vice Mayor Greg Wright
Councilmember Sue Beckmeyer
Councilmember Mary Bier
Councilmember Mayra Espinosa
City Council Regular Meeting 1 April 13, 2026
April 13, 2026 (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 April 13, 2026
6:00 PM OPEN SESSION
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.

Salute to the Flag led by Councilmember Beckmeyer

SPECIAL PRESENTATIONS
A. Proclamation: Carole Tollefson (Retirement)
B. Proclamation: Volunteer Appreciation Month - April 2026 C. Presentation - The San Francisco Peninsula's 2025 - 2028 Strategic Plan CONSENT CALENDAR (15 MIN)
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 3/1/26 through 3/31/26 PROPOSED ACTION: Receive and file the Monthly Check Register Report for the month of March 2026.

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the February 9, 2026 City Council Special and Regular Meeting.

City Council Regular Meeting 3 April 13, 2026

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

4. Continuation of Proclamation of a Local Emergency at the Sewer Mains Crossing Calera Creek in the Vallemar Neighborhood
PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist at the Sewer Mains Crossing Calera Creek in the Vallemar Neighborhood.

5. Adoption of the Amended and Restated Joint Exercise of Powers Agreement for the Municipal Pooling Authority and Appointing Members to the Board of Directors.

PROPOSED ACTION: Adopt a Resolution:
1) Approving the Amended and Restated Joint Exercise of Powers Agreement for the Municipal Pooling Authority for providing Property, Workers' Compensation, Public Liability, and other insurance coverages, and authorizing the City Manager to execute the Agreement; and
2) Appointing the Primary and Alternate Members to the Board of Directors for Municipal Pooling Authority of Northern California.

6. Amendment to the Agreement with the County of San Mateo for Continued Provision of Animal Control Services for an Additional Three Years from July 1, 2026 through June 30, 2029
PROPOSED ACTION: Adopt a Resolution Authorizing the City Manager to Execute the Amendment to the Agreement with the County of San Mateo and twenty cities in the County for Continued Provision of Animal Control Services to extend the term of the Agreement for an additional three years from July 1, 2026 through June 30, 2029.

7. Award of Construction Contract for the Esplanade Full Trash Capture Device Project PROPOSED ACTION: Adopt the Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving the Construction Services Agreement with GSW Construction, Inc. in the amount of $1,104,580.00; Authorize a budget authority in the amount of $1,270,267.00, which includes contingencies in an amount not to exceed fourteen percent (15%) of the Construction Contract amounts; Authorize staff to Execute Future Change Orders not to exceed the contingency amount; and Authorize the City Manager to sign Contract Documents related to the Esplanade Full Trash Capture Device Project.

8. Approval of Consultant Services for FY 2027-28 Pavement Resurfacing Project PROPOSED ACTION: Adopt the Resolution Approving the Consultant Services Agreement with NCE for Design and Engineering Services in the amount of $201,600 for the FY 2027-28 Pavement Resurfacing Project; approve budget authority in the amount of $222,000 which includes a 10% contingency and authorize the City Manager to execute all documents related to the project.

City Council Regular Meeting 4 April 13, 2026

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.

PUBLIC HEARINGS

9. Consideration of an appeal of the Planning Commission’s CEQA determination and approval of Site Development Permit PSD-838-18 and Tree Permit TP-4-24 for construction of an approximately 3,180-square foot single-family residence with an approximately 668-square foot attached three-car garage and associated improvements on an approximately 26,055-sf undeveloped lot located approximately 330 feet eastnortheast of the intersection of Rockaway Beach Avenue and Bay View Road (APN 022- 062-550). (1.5 hrs)
PROPOSED ACTION: Deny the appeal, affirm the Planning Commission’s approval of Site Development Permit PSD-838-18 and Tree Permit TP-4-24, and find the project exempt from the California Environmental Quality Act (CEQA) by adopting the attached resolution, including conditions of approval in Exhibit A to the resolution; and, incorporate all maps and testimony into the record by reference.

CONSIDERATION

10. Fiscal Year 2026-27 Budget Planning Process, Timeline and Preliminary Budget Strategies (1 hr)
PROPOSED ACTION: Accept the report and provide additional policy direction for the preparation of the FY 2026-27 Budget.

COUNCIL COMMUNICATIONS (15 MIN)
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 (5 MIN)
The purpose of Staff Communications is for the City Manager to offer announcements as appropriate.

ADJOURN
NOTICE: If you challenge a city's zoning, planning or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public City Council Regular Meeting 5 April 13, 2026
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
• Mayor Christine Boles, [email protected]
• Vice Mayor Greg Wright, [email protected]
• Councilmember Sue Beckmeyer, [email protected]
• Councilmember Mary Bier, [email protected]
• Councilmember Mayra Espinosa, [email protected]

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/13/2026
1 SUBJECT:

Approval of Disbursements for 3/1/26 through 3/31/26
RECOMMENDED ACTION:

Receive and file the Monthly Check Register Report for the month of March 2026.

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 3/1/26 through 3/31/26 are in the amount of $1,713,203.10 (Attachment 1). There is no fiscal impact associated with acceptance of the Monthly Check Register Report.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of Monthly Check Register Report is consistent with the following Council adopted Goals:
· Enhance organizational and fiscal stability: Preparation of the Monthly Check Register Report supports sound financial oversight, transparency, and adherence to adopted fiscal controls. · Broaden public communications and collaboration: Filing of the Monthly Check Register Report promotes transparency and accountability in City financial operations.

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 March 2026 (PDF)
1 Packet Pg. 6
City of Pacifica

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK# CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 6998 03/03/2026 PRINTED 001252 JEFFREY DOMINICI
6999 03/03/2026 PRINTED 000455 KASEYA US LLC
7000 03/03/2026 PRINTED 000647 PACIFIC GAS & ELECTRIC CO 7001 03/06/2026 PRINTED 000058 AECOM TECHNICAL SERVICES 7002 03/06/2026 PRINTED 000060 AIRGAS USA, LLC
7003 03/06/2026 PRINTED 000074 AMAZON.COM SALES, INC.
7004 03/06/2026 PRINTED 000075 AMERICAN FIDELITY ADMINIS 7005 03/06/2026 PRINTED 000078 AMERICAN DEBRIS BOX SERVI 7006 03/06/2026 PRINTED 001544 ANTHONY SCHRIVER
7007 03/06/2026 PRINTED 001513 APEX TESTING LABORATORIES 7008 03/06/2026 PRINTED 000096 AT&T
7009 03/06/2026 PRINTED 000130 BEARING AGENCIES INC
7010 03/06/2026 PRINTED 000137 BCC BENEFIT COORDINATORS 7011 03/06/2026 PRINTED 000137 BCC BENEFIT COORDINATORS 7012 03/06/2026 PRINTED 000147 BLUE RIBBON SUPPLY COMPAN 7013 03/06/2026 PRINTED 001373 BLUE TRITON BRANDS INC
7014 03/06/2026 PRINTED 000148 BMI
7015 03/06/2026 PRINTED 000160 BROADMOOR LANDSCAPE SUPPL 7016 03/06/2026 PRINTED 001535 CALIFORNIA SCHOOL-AGE CON 7017 03/06/2026 PRINTED 000178 NAF SERVICES, INC.
7018 03/06/2026 PRINTED 000184 TOLTECMEDIA
7019 03/06/2026 PRINTED 000187 CAROLLO
7020 03/06/2026 PRINTED 000201 CHILDCARE CAREERS
7021 03/06/2026 PRINTED 000203 CINTAS CORPORATION #464
7022 03/06/2026 PRINTED 000203 CINTAS
7023 03/06/2026 PRINTED 000231 SCA OF CA, LLC
7024 03/06/2026 PRINTED 001012 CORE & MAIN LP
7025 03/06/2026 PRINTED 000240 COTTON, SHIRES & ASSOCIAT 7026 03/06/2026 PRINTED 000248 CSG CONSULTANTS, INC.
7027 03/06/2026 PRINTED 000253 C.W.E.A.
7028 03/06/2026 PRINTED 000253 C.W.E.A.
7029 03/06/2026 PRINTED 000260 DAILY JOURNAL CORPORATION 7030 03/06/2026 PRINTED 000264 DASH MEDICAL GLOVES
7031 03/06/2026 PRINTED 000281 DISCOUNT SCHOOL SUPPLY
7032 03/06/2026 PRINTED 001081 DUDEK
7033 03/06/2026 PRINTED 000299 DYETT & BHATIA
7034 03/06/2026 PRINTED 001274 ENERGAGE, LLC
7035 03/06/2026 PRINTED 000321 ENVIRONMENTAL EXPRESS, IN 7036 03/06/2026 PRINTED 000335 FASTRAK INVOICE PROCESSIN 7037 03/06/2026 PRINTED 000346 FISHER SCIENTIFIC
7038 03/06/2026 PRINTED 001085 FLOCK SAFETY
7039 03/06/2026 PRINTED 000013 FRANCHISE TAX BOARD
7040 03/06/2026 PRINTED 000013 FRANCHISE TAX BOARD
7041 03/06/2026 PRINTED 000013 FRANCHISE TAX BOARD
7042 03/06/2026 PRINTED 001078 GOOD CITY COMPANY
7043 03/06/2026 PRINTED 001129 GOVERNMENT FINANCE SERVIC 7044 03/06/2026 PRINTED 000377 GRAINGER
7045 03/06/2026 PRINTED 000380 GRANITE ROCK COMPANY #265 7046 03/06/2026 PRINTED 000390 HACH COMPANY
7047 03/06/2026 PRINTED 001502 HEIDI NG
7048 03/06/2026 PRINTED 000411 HEART OF SAN MATEO COUNTY 7049 03/06/2026 PRINTED 000427 INTERSTATE TRAFFIC CONTRO Report generated : 04/01/2026 10:03 user: S234adecano
Program ID : apchkrcn
250.00
293.55
6,259.95
57,119.49
228.32
1,309.84 651.10
717.98
165.30
4,796.75

30.30 1,149.75
2,760.31
2,855.56 942.36
163.21
452.91
2,071.14
750.00
1,598.25
1,600.00
8,463.75
1,120.00
2,039.22
366.82
16,692.00
1,031.39
25,791. so
72,249.84 114.00
1,055.00
2,774.30 478.15
620.52
1,083.50
2,420.00
7,532.80
3,944.70 33.00
1,477.44
30,000.00 100.00
200.00
100.00
26,468.25
292.50
1,665.78
4,360.45
204.17

19. 58
6,649.94
3,633.98

Page 1 ends

1.a
Packet Pg. 7
Attachment: Monthly Check Register Report March 2026 (6177 : Disbursements Report) City of Pacifica

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK# CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 7050 03/06/2026 PRINTED 001542 JARROD HARDEN
7051 03/06/2026 PRINTED 000446 JOHN THE SIGN GUY LLC
7052 03/06/2026 PRINTED 000446 JOHN THE SIGN GUY LLC
7053 03/06/2026 PRINTED 000446 JOHN THE SIGN GUY LLC
7054 03/06/2026 PRINTED 000457 KBA DOCUSYS
7055 03/06/2026 PRINTED 000457 KBA DOCUSYS
7056 03/06/2026 PRINTED 000462 KIMBALL MIDWEST
7057 03/06/2026 PRINTED 000485 LAW ENFORCEMENT PSYCHOLOG 7058 03/06/2026 PRINTED 001025 MATT KELLY
7059 03/06/2026 PRINTED 000515 MAXX METALS
7060 03/06/2026 PRINTED 000519 MC MASTER-CARR SUPPLY COM 7061 03/06/2026 PRINTED 000582 NPFBA
7062 03/06/2026 PRINTED 000587 OFFICE DEPOT
7063 03/06/2026 PRINTED 000603 PACIFIC MANOR HARDWARE, I 7064 03/06/2026 PRINTED 000612 PACIFICA FIREFIGHTERS-LTD 7065 03/06/2026 PRINTED 000612 PACIFICA FIREFIGHTERS UNI 7066 03/06/2026 PRINTED 000612 SMC FIREFIGHTERS IAFF Loe 7067 03/06/2026 PRINTED 000612 SMC FIREFIGHTERS IAFF L24 7068 03/06/2026 PRINTED 000016 PACIFICA SCHOOL DISTRICT 7069 03/06/2026 PRINTED 000622 PACIFICA SPORTS CLUB
7070 03/06/2026 PRINTED 000628 PARS
7071 03/06/2026 PRINTED 000617 PACIFICA POLICE OFFICERS 7072 03/06/2026 PRINTED 000616 PACIFICA POLICE OFFICERS 7073 03/06/2026 PRINTED 000620 PACIFICA POLICE SUPERVISO 7074 03/06/2026 PRINTED 000679 QUILL CORPORATION
7075 03/06/2026 PRINTED 000679 QUILL CORPORATION
7076 03/06/2026 PRINTED 000683 RANEY PLANNING AND MANAGE 7077 03/06/2026 PRINTED 001050 RANGER PIPELINES
7078 03/06/2026 PRINTED 000694 RINCON CONSULTANTS INC
7079 03/06/2026 PRINTED 001517 SAFEWAY, INC.
7080 03/06/2026 PRINTED 000717 SAN MATEO DAILY JOURNAL
7081 03/06/2026 PRINTED 000733 SESAC
7082 03/06/2026 PRINTED 000739 SHOE DEPOT INC
7083 03/06/2026 PRINTED 000776 SYNAGRO WEST, LLC
7084 03/06/2026 PRINTED 000776 SYNAGRO WEST, LLC
7085 03/06/2026 PRINTED 000776 SYNAGRO WEST, LLC
7086 03/06/2026 PRINTED 000805 T-MOBILE CORPORATION
7087 03/06/2026 PRINTED 000805 T-MOBILE CORPORATION
7088 03/06/2026 PRINTED 000782 TEAMSTERS LOCAL #856
7089 03/06/2026 PRINTED 000782 TEAMSTERS LOCAL #856
7090 03/06/2026 PRINTED 000791 TERMINIX PROCESSING CENTE 7091 03/06/2026 PRINTED 000030 U.S. POSTAL SERVICE
7092 03/06/2026 PRINTED 000837 UNIVAR SOLUTIONS USA INC 7093 03/06/2026 PRINTED 001545 VALERIE H. KNIGHT
7094 03/06/2026 PRINTED 000855 VERIZON WIRELESS
7095 03/06/2026 PRINTED 000865 WASTEWATER TECHNOLOGY TRA 7096 03/06/2026 PRINTED 000874 UPS STORE 1468
7097 03/13/2026 PRINTED 000037 55 BACKFLOW TESTING ANDS 7098 03/13/2026 PRINTED 000915 ASSOCIATION OF BAY AREA G 7099 03/13/2026 PRINTED 000063 ALEXANDER WILLIAM GREENWO 7100 03/13/2026 PRINTED 000074 AMAZON.COM SALES, INC.
7101 03/13/2026 PRINTED 000078 AMERICAN DEBRIS BOX SERVI Report generated : 04/01/2026 10:03 user: S234adecano
Program ID : apchkrcn

60.90 846.04
161.07
411.13
200.31

15.00 1,281.66
475.00
216.30
298.69
2,462.74 388.00
496.96

8.78 390.00
708.13
1,579.83
77 .70
15,804.00 425.00
400.00
200.00
840.00
420.00

63.29 12.08
1,429.05
516,538.75
5,519.50
12,100.02
4,320.00
1,297.17 212.61
10,414.11
1,851.47
1,827.35 32.00
506.13
3,122.50
3,208.50
737.45
3,900.00
1,547.26
1,920.00
3,628.62
550.00

39.99 3,892.00
9,014.60
6,600.00 560.67
358.99

Page 2 ends

1.a
Packet Pg. 8
Attachment: Monthly Check Register Report March 2026 (6177 : Disbursements Report) City of Pacifica

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK# CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 7102 03/13/2026 PRINTED 000080 AMERICAN TEXTILE & SUPPLY 7103 03/13/2026 PRINTED 001104 ANVIL BUILDERS
7104 03/13/2026 PRINTED 000096 AT&T LONG DISTANCE
7105 03/13/2026 PRINTED 000096 AT&T LONG DISTANCE
7106 03/13/2026 PRINTED 000147 BLUE RIBBON SUPPLY COMPAN 7107 03/13/2026 PRINTED 001351 BRITTANY HERNANDEZ
7108 03/13/2026 PRINTED 000190 CALIFORNIA DIESEL & POWER 7109 03/13/2026 PRINTED 000190 CALIFORNIA DIESEL & POWER 7110 03/13/2026 PRINTED 000192 CDW GOVERNMENT , INC.
7111 03/13/2026 PRINTED 001277 CENTER HARDWARE AND SUPPL 7112 03/13/2026 PRINTED 000201 CHILDCARE CAREERS
7113 03/13/2026 PRINTED 001149 CHRISTINE BOLES
7114 03/13/2026 PRINTED 000203 CINTAS
7115 03/13/2026 PRINTED 000248 CSG CONSULTANTS, INC.
7116 03/13/2026 PRINTED 000255 DARRYL PANG
7117 03/13/2026 PRINTED 000306 EARLY CHILDHOOD EDUCATION 7118 03/13/2026 PRINTED 001540 FOOD SANITATION CONSULTAN 7119 03/13/2026 PRINTED 000332 EXPERIAN
7120 03/13/2026 PRINTED 000335 FASTRAK INVOICE PROCESSIN 7121 03/13/2026 PRINTED 000350 FLYERS ENERGY, LLC
7122 03/13/2026 PRINTED 001078 GOOD CITY COMPANY
7123 03/13/2026 PRINTED 000383 GREEN TIRES
7124 03/13/2026 PRINTED 001273 HAZEN AND SAWYER
7125 03/13/2026 PRINTED 000955 HD SUPPLY FORMERLY HOMED 7126 03/13/2026 PRINTED 000397 HINDERLITER, DE LLAMAS & 7127 03/13/2026 PRINTED 000405 HI-TECH EMERGENCY VEHICLE 7128 03/13/2026 PRINTED 000406 HOME DEPOT CREDIT SERVICE 7129 03/13/2026 PRINTED 000446 JOHN THE SIGN GUY LLC
7130 03/13/2026 PRINTED 000446 JOHN THE SIGN GUY LLC
7131 03/13/2026 PRINTED 000457 KBA DOCUSYS
7132 03/13/2026 PRINTED 000979 KENNEDY/JENKS CONSULTANTS 7133 03/13/2026 PRINTED 000489 LIFELOC TECHNOLGIES
7134 03/13/2026 PRINTED 000999 LUBE SQUAD OF SFO, LLC
7135 03/13/2026 PRINTED 001550 MARISOL GOMEZ
7136 03/13/2026 PRINTED 000519 MC MASTER-CARR SUPPLY COM 7137 03/13/2026 PRINTED 000537 MOFFATT & NICHOL
7138 03/13/2026 PRINTED 000551 MUSCIO SECURITY
7139 03/13/2026 PRINTED 001163 NAFCO, INC
7140 03/13/2026 PRINTED 001510 NOBLE STUDIOS, INC.
7141 03/13/2026 PRINTED 001002 OIL CHANGERS
7142 03/13/2026 PRINTED 999997 Arlene Patton
7143 03/13/2026 PRINTED 999998 Anthony Nicosia
7144 03/13/2026 PRINTED 999998 Sophia Sun
7145 03/13/2026 PRINTED 000590 OPENGOV, INC.
7146 03/13/2026 PRINTED 000603 PACIFIC MANOR HARDWARE, I 7147 03/13/2026 PRINTED 000985 PAPE MACHINERY
7148 03/13/2026 PRINTED 000638 PENINSULA UNIFORMS & EQUI 7149 03/13/2026 PRINTED 000638 PENINSULA UNIFORMS & EQUI 7150 03/13/2026 PRINTED 000642 PET FOOD EXPRESS 7151 03/13/2026 PRINTED 000642 PET FOOD EXPRESS
7152 03/13/2026 PRINTED 000679 QUILL CORPORATION
7153 03/13/2026 PRINTED 000679 QUILL CORPORATION
Report generated : 04/01/2026 10:03 user: S234adecano
Program ID : apchkrcn
662.10
14,250.00 518.56
156.45
4,264.08 130.38
1,550.00
1,400.00
13,925.49 349.67
3,598.87 364.28
754.45
5,271.25 750.00
1,176.00
2,042.21 102.24

8. 50
4,647.71
22,573.25
351.00
39,710.91 247.90
1,750.00 93.75
2,427.85
317.70
215.00
221. 35
28,167.17
584.41
3,034.79
2,000.00
419.35
187. 50
150.00
358.25
10,000.00 320.00

45.79 900.00
2,142.00
13,391.20 70.90
119.43
570.89
1,120.67
293.33

96.67 48.20

51.84

Page 3 ends

1.a
Packet Pg. 9
Attachment: Monthly Check Register Report March 2026 (6177 : Disbursements Report) City of Pacifica

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK# CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 7154 03/13/2026 PRINTED 000679 QUILL CORPORATION
7155 03/13/2026 PRINTED 001199 SABRINA KRENN
7156 03/13/2026 PRINTED 000710 SAFETY-KLEEN CORP.
7157 03/13/2026 PRINTED 000729 SEAVIEW TIRE & BRAKE CENT 7158 03/13/2026 PRINTED 000719 SAN MATEO LAWN MOWER SHOP 7159 03/13/2026 PRINTED 000019 SAN MATEO COUNTY FORENSIC 7160 03/13/2026 PRINTED 000769 STEWART CHEVROLET
7161 03/13/2026 PRINTED 000772 SUN RIDGE SYSTEMS, INC
7162 03/13/2026 PRINTED 000780 TELECOMMUNICATIONS ENGINE 7163 03/13/2026 PRINTED 000784 TEC OF CALIFORNIA, INC.
7164 03/13/2026 PRINTED 001142 THE CONSULTING TEAM, LLC 7165 03/13/2026 PRINTED 000802 THOMSON REUTERS WEST
7166 03/13/2026 PRINTED 001021 TOWNSEND PUBLIC AFFAIRS, 7167 03/13/2026 PRINTED 000827 TYLER TECHNOLOGIES 7168 03/13/2026 PRINTED 000827 TYLER TECHNOLOGIES
7169 03/13/2026 PRINTED 000827 TYLER TECHNOLOGIES
7170 03/13/2026 PRINTED 000855 VERIZON WIRELESS
7171 03/13/2026 PRINTED 001548 ZENCITY TECHNOLOGIES US I 7172 03/13/2026 PRINTED 000902 ZUMAR INDUSTRIES, INC.
7173 03/20/2026 PRINTED 000038 A & D AUTOMATIC GATE AND 7174 03/20/2026 PRINTED 000056 ADAM-HILL COMPANY, THE
7175 03/20/2026 PRINTED 000058 AECOM TECHNICAL SERVICES 7176 03/20/2026 PRINTED 001102 ALBERTSONS / SAFEWAY
7177 03/20/2026 PRINTED 000074 AMAZON.COM SALES, INC.
7178 03/20/2026 PRINTED 000096 AT&T MOBILITY
7179 03/20/2026 PRINTED 000106 AUTOMATIONDIRECT.COM, INC 7180 03/20/2026 PRINTED 000130 BEARING AGENCIES INC
7181 03/20/2026 PRINTED 000132 COMPUMERIC ENGINEERING IN 7182 03/20/2026 PRINTED 000137 BCC BENEFIT COORDINATORS 7183 03/20/2026 PRINTED 001406 BFI OF CALIFORNIA INC - 0 7184 03/20/2026 PRINTED 001329 BMI IMAGING SYSTEMS, INC 7185 03/20/2026 PRINTED 000166 BURKE WILLIAMS AND SORENS 7186 03/20/2026 PRINTED 000213 CLEA
7187 03/20/2026 PRINTED 000213 CALIFORNIA ASSN OF PROFES 7188 03/20/2026 PRINTED 000187 CAROLLO
7189 03/20/2026 PRINTED 000203 CINTAS CORPORATION #464
7190 03/20/2026 PRINTED 000203 CINTAS
7191 03/20/2026 PRINTED 000931 CORODATA RECORDS MANAGEME 7192 03/20/2026 PRINTED 000248 CSG CONSULTANTS, INC.
7193 03/20/2026 PRINTED 000253 c.w.E.A.
7194 03/20/2026 PRINTED 000253 C.W.E.A.
7195 03/20/2026 PRINTED 000253 C.W.E.A.
7196 03/20/2026 PRINTED 000253 C.W.E.A.
7197 03/20/2026 PRINTED 000265 DAVEY TREE EXPERT COMPANY 7198 03/20/2026 PRINTED 001368 DAYLIGHT FOODS LLC
7199 03/20/2026 PRINTED 000270 DE VERA, ARTHUR
7200 03/20/2026 PRINTED 000270 DE VERA, ARTHUR
7201 03/20/2026 PRINTED 000278 DIAMOND DIESEL SERVICE, I 7202 03/20/2026 PRINTED 001081 DUDEK
7203 03/20/2026 PRINTED 000339 FEDEX
7204 03/20/2026 PRINTED 000346 FISHER SCIENTIFIC
7205 03/20/2026 PRINTED 000351 FAIRBANK, MASLIN, MAULLIN Report generated : 04/01/2026 10:03 user: S234adecano
Program ID : apchkrcn

23.90 214 .13
418.56
1,167.69
2,802.45
4,655.00
1,554.34
2,800.00
1,770.50 359.73
285.00
476.28
2,500.00
1,998.00 666.00
1,332.00
161.60
15,000.00
1,923.03 783.11
115.37
16,254.38 525.27
449.41
131.19
1,162.86 366.42
9,866.21
11,302.65 513.71
1,914.00
157,896.44 896.00

59.00 14,382.50
3,085.28 417.94
565.51
6,627.50
6,820.00
124.00
271.00
119.00
35,470.00 432.00
700.00
800.00
1,795.50
5,163.75 22.90
2,632.88
32,000.00

Page 4 ends

1.a
Packet Pg. 10
Attachment: Monthly Check Register Report March 2026 (6177 : Disbursements Report) City of Pacifica

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK# CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 7206 03/20/2026 PRINTED 000013 FRANCHISE TAX BOARD
7207 03/20/2026 PRINTED 000013 FRANCHISE TAX BOARD
7208 03/20/2026 PRINTED 000013 FRANCHISE TAX BOARD
7209 03/20/2026 PRINTED 000390 HACH COMPANY
7210 03/20/2026 PRINTED 001273 HAZEN AND SAWYER
7211 03/20/2026 PRINTED 000955 HD SUPPLY FORMERLY HOMED 7212 03/20/2026 PRINTED 000430 IPS GROUP INC.
7213 03/20/2026 PRINTED 001542 JARROD HARDEN
7214 03/20/2026 PRINTED 000438 JEFFERSON UNION HIGH SCH 7215 03/20/2026 PRINTED 000442 JMI SOURCING LLC
7216 03/20/2026 PRINTED 000462 KIMBALL MIDWEST
7217 03/20/2026 PRINTED 000463 KING, KATHLEEN
7218 03/20/2026 PRINTED 000468 KONE, INC.
7219 03/20/2026 PRINTED 000519 MC MASTER-CARR SUPPLY COM 7220 03/20/2026 PRINTED 000551 MUSCIO SECURITY
7221 03/20/2026 PRINTED 000592 O'REILLY AUTO PARTS
7222 03/20/2026 PRINTED 999997 Noemi Barba
7223 03/20/2026 PRINTED 000603 PACIFIC MANOR HARDWARE, I 7224 03/20/2026 PRINTED 000612 PACIFICA FIREFIGHTERS UNI 7225 03/20/2026 PRINTED 000612 SMC FIREFIGHTERS IAFF Loe 7226 03/20/2026 PRINTED 000612 SMC FIREFIGHTERS IAFF L24 7227 03/20/2026 PRINTED 000656 POLYDYNE INC.
7228 03/20/2026 PRINTED 000617 PACIFICA POLICE OFFICERS 7229 03/20/2026 PRINTED 000616 PACIFICA POLICE OFFICERS 7230 03/20/2026 PRINTED 000620 PACIFICA POLICE SUPERVISO 7231 03/20/2026 PRINTED 000679 QUILL CORPORATION
7232 03/20/2026 PRINTED 001549 R.F MACDONALD CO., LLC
7233 03/20/2026 PRINTED 001437 RICHARD SHERROD
7234 03/20/2026 PRINTED 001551 ROBERT MILLS
7235 03/20/2026 PRINTED 001339 SALVADOR MENDEZ
7236 03/20/2026 PRINTED 000021 SAN MATEO COUNTY INFORMAT 7237 03/20/2026 PRINTED 000717 SAN MATEO DAILY JOURNAL
7238 03/20/2026 PRINTED 001024 SCHAAF & WHEELER
7239 03/20/2026 PRINTED 000025 SAN MATEO COUNTY MOSQUITO 7240 03/20/2026 PRINTED 001211 SMELLY MEL'S PLUMBING INC 7241 03/20/2026 PRINTED 000760 STANDARD PLUMBING SUPPLY 7242 03/20/2026 PRINTED 000775 SYMBOLARTS, LLC
7243 03/20/2026 PRINTED 000776 SYNAGRO WEST, LLC
7244 03/20/2026 PRINTED 000778 TRAFFIC AND PARKING CONTR 7245 03/20/2026 PRINTED 000781 TEAMSTERS LOCAL #350
7246 03/20/2026 PRINTED 000791 TERMINIX PROCESSING CENTE 7247 03/20/2026 PRINTED 001021 TOWNSEND PUBLIC AFFAIRS, 7248 03/20/2026 PRINTED 000830 ULINE SHIPPING SUPPLY SPE 7249 03/20/2026 PRINTED 000830 ULINE SHIPPING SUPPLY SPE 7250 03/20/2026 PRINTED 000844 US FOODS, INC
7251 03/20/2026 PRINTED 000855 VERIZON WIRELESS
7252 03/20/2026 PRINTED 000897 SERRA YELLOW CAB
7253 03/27/2026 PRINTED 000074 AMAZON.COM SALES, INC.
7254 03/27/2026 PRINTED 000078 AMERICAN DEBRIS BOX SERVI 7255 03/27/2026 PRINTED 001084 AMERICAN RED CROSS
7256 03/27/2026 PRINTED 000081 AMERICAN TRANSIT SUPPLY
7257 03/27/2026 PRINTED 001490 ANEL MEYER
Report generated : 04/01/2026 10:03 user: S234adecano
Program ID : apchkrcn
100.00
100.00
200.00
386.76
2,030.00 90.21
451.89
854.21
1,805.00
1,518.10
1,191.71 136.01
714.90
1,362.15 315.00
1,220.69
4,600.00 209.70
708.13
1,579.83
77 .70
27,899.46 210.00
840.00
420.00
239.99
600.00
1,440.60

98.88 945.36
164. 51
1,584.00
4,020.00 100.43
1,200.00 113.24
1,215.66
10,435.42 343.26
1,122.00
199.00
20,000.00
280.37
983.88
6,278.91
1,596.50
10,528.28 869.34

97.99 288.00
4,099.69
2,319.10

Page 5 ends

1.a
Packet Pg. 11
Attachment: Monthly Check Register Report March 2026 (6177 : Disbursements Report) City of Pacifica

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK# CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 7258 03/27/2026 PRINTED 000089 ONE WATER LLC
7259 03/27/2026 PRINTED 000096 AT&T
7260 03/27/2026 PRINTED 000096 AT&T
7261 03/27/2026 PRINTED 000096 AT&T
7262 03/27/2026 PRINTED 000098 ATLAS PLUMBING & ROOTER I 7263 03/27/2026 PRINTED 000150 BOB GRAF
7264 03/27/2026 PRINTED 000151 BOLANDER & SONS, L. PH.
7265 03/27/2026 PRINTED 000160 BROADMOOR LANDSCAPE SUPPL 7266 03/27/2026 PRINTED 000178 NAF SERVICES, INC.
7267 03/27/2026 PRINTED 001432 CHAPLIN AND HILL INVESTIG 7268 03/27/2026 PRINTED 000201 CHILDCARE CAREERS
7269 03/27/2026 PRINTED 001069 CINDY BLACKSTONE
7270 03/27/2026 PRINTED 000203 CINTAS CORPORATION #464
7271 03/27/2026 PRINTED 001554 CITY OF MILLBRAE
7272 03/27/2026 PRINTED 001013 CONSENSUS CLOUD SOLUTIONS 7273 03/27/2026 PRINTED 000270 DE VERA, ARTHUR
7274 03/27/2026 PRINTED 000280 DISCOUNT PLUMBING, INC.
7275 03/27/2026 PRINTED 000282 DISH
7276 03/27/2026 PRINTED 000287 DOOLEY ENTERPRISES, INC. 7277 03/27/2026 PRINTED 000293 DUBOCE JANITORIAL SERVICE 7278 03/27/2026 PRINTED 000335 FASTRAK INVOICE PROCESSIN 7279 03/27/2026 PRINTED 000335 FASTRAK INVOICE PROCESSIN 7280 03/27/2026 PRINTED 000339 FEDEX
7281 03/27/2026 PRINTED 001423 FLEETROCK, LLC
7282 03/27/2026 PRINTED 000350 FLYERS ENERGY, LLC
7283 03/27/2026 PRINTED 000355 FREYER & LAURETA, INC.
7284 03/27/2026 PRINTED 000952 HARDY DIAGNOSTICS
7285 03/27/2026 PRINTED 000397 HDL COREN & CONE
7286 03/27/2026 PRINTED 000397 HDL COREN & CONE
7287 03/27/2026 PRINTED 000399 HERC RENTALS INC.
7288 03/27/2026 PRINTED 000443 JOAN ARTHUR
7289 03/27/2026 PRINTED 000444 JOBELEPHANT.COM INC.
7290 03/27/2026 PRINTED 000446 JOHN THE SIGN GUY LLC
7291 03/27/2026 PRINTED 000462 KIMBALL MIDWEST
7292 03/27/2026 PRINTED 000496 LUHDORFF AND SCALMANINI C 7293 03/27/2026 PRINTED 000506 MARATHON DISTRIBUTORS, IN 7294 03/27/2026 PRINTED 000514 MATCO TOOLS
7295 03/27/2026 PRINTED 000587 OFFICE DEPOT
7296 03/27/2026 PRINTED 999999 Poppy Road Ct LLC
7297 03/27/2026 PRINTED 999997 Eillen underwood
7298 03/27/2026 PRINTED 999997 Enid Ansagarius 7299 03/27/2026 PRINTED 999997 Laurie Ross 7300 03/27/2026 PRINTED 000628 PARS
7301 03/27/2026 PRINTED 000636 PEERY & ASSOCIATES INCORP 7302 03/27/2026 PRINTED 001522 PENINSULA CLEAN ENERGY AU 7303 03/27/2026 PRINTED 000647 PACIFIC GAS & ELECTRIC CO 7304 03/27/2026 PRINTED 000972 PLAN JPA
7305 03/27/2026 PRINTED 000679 QUILL CORPORATION
7306 03/27/2026 PRINTED 000685 RCM FIRE PROTECTION INC
7307 03/27/2026 PRINTED 000710 SAFETY-KLEEN CORP.
7308 03/27/2026 PRINTED 000728 SEAN'S QUALITY FLOORS
7309 03/27/2026 PRINTED 000730 SERRAMONTE FORD INC.

Report generated : 04/01/2026 10:03 user: S234adecano
Program ID : apchkrcn
5,648.78 185.20
169.80
1,004.86
1,200.00 236.90
456.78
193.82
1,818.00
1,518.75
686.00
118.30
1,796.26

65.00 33.99
700.00
2,400.00 68.01
909.03
1,400.00 13. 50

12.25 55.64
690.66
8,109.97
32,757.83
3,402.93
4,446.11
4,000.00 398.52
245.00
535.00
2,275.60 430.05
372.00
1,227.86 118.78

90.62 7,342.95 179.20
156.80
250.60
400.00
550.00
2,372.23
550.00
4,154.02 125.58
225.00
1,019.48 750.00
227.11

Page 6 ends

1.a
Packet Pg. 12
Attachment: Monthly Check Register Report March 2026 (6177 : Disbursements Report) City of Pacifica

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 101 10001 FOR: All
CHECK# CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 7310 03/27/2026 PRINTED 000766 STERICYCLE
7311 03/27/2026 PRINTED 000778 TRAFFIC AND PARKING CONTR 7312 03/27/2026 PRINTED 000791 TERMINIX PROCESSING CENTE 7313 03/27/2026 PRINTED 001142 THE CONSULTING TEAM, LLC 7314 03/27/2026 PRINTED 001482 TOAST CATERING AND EVENTS 7315 03/27/2026 PRINTED 000830 ULINE SHIPPING SUPPLY SPE 7316 03/27/2026 PRINTED 000837 UNIVAR SOLUTIONS USA INC 7317 03/27/2026 PRINTED 000844 US FOODS, INC
7318 03/27/2026 PRINTED 000855 VERIZON WIRELESS SERVICES 7319 03/27/2026 PRINTED 000878 THE UPS STORE 0996
322 CHECKS CASH ACCOUNT TOTAL
Report generated : 04/01/2026 10:03 user: S234adecano
Program ID : apchkrcn
2,579.73
161.21
391.00
285.00
1,954.07
3,104.82
4,128.19
6,637.74
1,242.38
241.00
1,713,203.10 .00

Page 7 ends

1.a
Packet Pg. 13
Attachment: Monthly Check Register Report March 2026 (6177 : Disbursements Report) City of Pacifica

AP CHECK RECONCILIATION REGISTER

UNCLEARED CLEARED
322 CHECKS FINAL TOTAL 1,713,203.10 .00
** END OF REPORT - Generated by Abby Decano **
Report generated : 04/01/2026 10:03 user: S234adecano Page 8 Program ID: apchkrcn

1.a
Packet Pg. 14
Attachment: Monthly Check Register Report March 2026 (6177 : Disbursements Report)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/13/2026
1 SUBJECT:

Approval of Minutes
RECOMMENDED ACTION:

Move to approve the minutes for the February 9, 2026 City Council Special and Regular Meeting.

STAFF CONTACT:

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

Move to approve the minutes for the February 9, 2026 City Council Special and Regular Meeting.

FISCAL IMPACT:

Within budgeted operational expenses.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (PDF) 2 Packet Pg. 15

CITY OF PACIFICA

CITY COUNCIL MINUTES
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Christine Boles
Vice Mayor Greg Wright
Councilmember Sue Beckmeyer
Councilmember Mary Bier
Councilmember Mayra Espinosa
City Council Regular Meeting 1 February 09, 2026

SPECIAL AND REGULAR MEETING
February 09, 2026 (MONDAY)
www.cityofpacifica.org
Mayor Christine Boles called the meeting to order on February 9, 2026 at 4:00 PM 4:00PM - CLOSED SESSION (CITY COUNCIL)
00a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: Pacifica Pier2100 Beach Boulevard, Pacifica, California 94044. Agency negotiator: Kevin Woodhouse, City Manager and Michelle Marchetta Kenyon, City Attorney. Negotiating parties: Marlene Schroeder for State Lands Commission. Under negotiation: Price and terms of payment. 00b. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 and paragraph (1) of subdivision (e) of Section 54956.9: One Case. 5:00 PM - JOINT STUDY SESSION CITY COUNCIL AND EMERGENCY PREPAREDNESS &

SAFETY COMMISSION
Joint Study Session of City Council and the Emergency Preparedness and Safety Commission regarding potential EPSC charter revisions.

PROPOSED ACTION: Provide direction to the City Manager for the Emergency Preparedness and Safety Commission charter revisions.

Police Captain Glasgo presented the staff report.

Chair Johnson stated that it has been a helpful process to go through this. She stated there was much discussion about the word “safety” and what it meant and she felt focusing on emergency preparedness is their focus and they look forward to progressing and hope the changes go smoothly.

Vice Mayor Wright thanked all the members of the Commission and police representative for the work on this. He was particularly appreciative of bringing the youth into this process.

Chair Johnson stated that they have been talking about this for quite a long time on how to do it.

Mayor Boles asked about ex officio vs. formal voting youth members.

Police Captain Glasgo stated it was addressed and a majority of the membership felt that having a youth ex-officio member would satisfy having input from youth.

2.a
Packet Pg. 16
Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 2 February 09, 2026
Mayor Boles appreciated the Commissioners’ input and understood many of the ex-officio members do not come to EPSC meetings and it would be helpful for them to be there more.

Police Captain Glasgo stated that was a concern of the Commissioners and it is up to the staff liaison to reach out to the appropriate people to make sure those entities have a seat at the table on a more regular basis, and those discussions are currently happening.

Mayor Boles stated Fire is not an official ex-officio position.

Police Captain Glasgo confirmed it is not.

City Manager Woodhouse added that North County Fire Authority is the City’s fire department and it would be unusual to have an ex-officio member from a City department.

Chair Johnson stated that, about ten years ago, they had fairly consistent representation from San Mateo County EMS, but she feels that they lost a significant input with not having a representative from the schools. She appreciated any help with that.

Councilmember Bier noticed that they added to designate the Youth Advisory Board to create a selection process for the position. She hesitates with that as there are positions in other committees and commissions too and she thought we should be recruiting and interviewing all of them in the same way as for the committees and commissions. It does not mean that someone from the Youth Advisory Board cannot be the ex-officio member.

City Clerk Coffey referred to the recommendation by the Emergency Preparedness and Safety Commission to create a youth ex-officio member position. Typically, for ex-officio members on the committees and commissions, it is another body that makes that designation; for instance, on the Library Advisory Committee, there is an ex-officio member position for the School District and the School District makes that designation of who would represent them as the ex-officio member. The difference is on a couple of committees where there is a designated youth position those are full member voting youth positions and the City does that recruitment for the full member voting positions. This recommendation is consistent with the way the City treats recruitment of ex-officio members.

Councilmember Bier thought we want youth to be full voting members.

Vice Mayor Wright supported that idea.

Vice Chair Miller thought part of their thinking was that they are probably going to cycle through more frequently than the other commission members.

Mayor Boles stated we have previously for other committees appointed youth for one year.

Vice Chair Miller understood and asked how that impacts their total number. She stated it was currently nine regular members and three non-voting ex-officio.

Commissioner Taverna asked if having an official voting youth member is practiced in other commissions also.

2.a
Packet Pg. 17
Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 3 February 09, 2026
City Clerk Coffey offered one more difference between the Emergency Preparedness and Safety Commission and other committees that have youth voting members. The other advisory committees that have youth members are Open Space and Parkland Advisory Committee and the Library Advisory Committee, and those are advisory bodies that have no appeal jurisdiction.

Although removing the appellate body for the 72-hour parking ordinance, the Emergency Preparedness and Safety Commission serves as the appellate body for some building official decisions and she would have to turn to the City Attorney to advise on how that would work with a youth member under the age of 18 voting on an appeal situation like that.

City Attorney Kenyon stated that might pose concerns because there are specific qualifications and a member who is under 18 may not qualify in due process.

Vice Mayor Wright asked if we could add the youth commissioner and preclude them from being involved in any things that they are not allowed to vote.

City Attorney Kenyon stated we can look into that and see what things on which they could vote.

She imagined that, with most of what the Emergency Preparedness and Safety Commission would do, youth would be able to participate.

Commissioner Wahlman thinks, in light of the concern about members under 18 voting as far as appeals decisions, it may make sense that they have two youths on the committee in such a capacity that would balance it out to nine voting members, i.e. whenever there is a commission related item for appellate issues, those two members would not be able to vote and that would keep them at nine in such a scenario. Everything else would be 11.

Police Captain Glasgo stated that, back in 2017, the Commission charter had changed. They only had seven voting members and it was increased to nine, which is the largest Commission in the City.

Councilmember Bier asked how many empty spots they have now.

Vice Chair Miller stated that they have no empty seats. She does not know how that would work. If youth members are recusing themselves from voting on the rare appellate, they could act as ex-officio members.

Councilmember Espinosa stated that voting makes it more stressful for the kids and she is not sure that they should vote.

Mayor Boles stated that they are allowed to vote on other committees.

Vice Mayor Wright thinks, if you have to cast a vote, you take more responsibility for the position; in the course of things, it would be a better service not just the community but to our youth as well to have them vote.

Councilmember Bier suggested talking with the Youth Advisory Board to see what they think.

Councilmember Espinosa agreed.

Chair Johnson thought it was a good idea. She mentioned the difference between committees versus commissions, and that is why they came up with it being an ex-officio. For them, it would be new, as opposed to the other committees that have youth, as no other commissions do.

2.a
Packet Pg. 18
Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 4 February 09, 2026
Mayor Boles suggested for the Emergency Preparedness Commission to speak to the Youth Advisory Board, perhaps at their next meeting, as they prepare charter revisions.

Councilmember Bier stated she could also comment on it as Council liaison to the Youth Advisory Board.

Commissioner Wahlman asked if it would be a study session between the two bodies.

City Manager Woodhouse stated, if the direction was for the Commission to meet with the Youth Advisory Board, it would be a noticed Brown Act special meeting and it would take longer.

Chair Johnson asked if there is another commission that has a youth member.

Councilmember Beckmeyer stated no, not to her knowledge.

Chair Johnson stated, if other commissions are thinking about that, perhaps it should be a group effort to figure out the whole commission issue.

City Attorney Kenyon stated the commissions are generally listed in the Code and they have a lot of adjudicatory duties and roles where she would not recommend having a resident who is not 18 on those adjudicatory bodies.

Vice Mayor Wright would love to hear from others whom they have not heard from.

Commissioner Blackburn encouraged the presence of a youth member on the commission.

However, he recalled the issue of red tagging of the three apartment buildings on Beach Boulevard and was concerned about that kind of heavy responsibility. He is hesitant on having youth as a voting member. He would be curious to see if they can have an internal bifurcated voting system or asking that the students give them their opinion as a student member. If it is something going to Council, they would have an opinion on that and would be expressed and recorded in the minutes but would not count as a vote that is a final decision.

City Attorney Kenyon stated her concern would still be the same. If someone were to challenge the decision, they could use that as a potential bias or conflict that influenced the adjudicators.

She could research that, but her initial reaction is that would pose the same problem as voting on any adjudicatory action would.

City Clerk Coffey stated another concern regarding the commissions that serve as appellant bodies, the Emergency Preparedness and Safety Commission and PB&R Commission, is that all the members of those bodies must submit their Fair Political Practices Commission Statement of Economic Interest (Form 700) and she would have concerns about requiring youth members under the age of 18 to submit those forms.

Vice Chair Miller stated that they have nine filled seats, two recently appointed last year. She asked another operational or logistical consideration, i.e., what would they do, ask someone to resign.

Mayor Boles stated no, adding that they have done this at the next round of applications. She stated that, with the ex-officio, you can do that right away.

2.a
Packet Pg. 19
Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 5 February 09, 2026
Councilmember Bier appreciated the conversation and it makes sense for the Commission and staff to have youth as ex-officio.

Vice Mayor Wright heard reference to potentially doing two youth positions as opposed to one.

Commissioner Wahlman stated staff’s recommendation is one for right now.

Vice Chair Miller asked to clarify what the action was for identifying an ex-officio. She heard it was not asking Youth Advisory Board.

Commissioner Wahlman stated that staff can reach out to the other staff liaison and come up with something prior to the adoption of the ordinance.

Mayor Boles stated she saw a number of comments about their role and work plan. She mentioned she, Vice Mayor Wright, and the City Manager have been looking at spreading out the committee/commission annual reports and be able to discuss their work plans. That would be a place, if there is something they want to bring forward and they have time, where they can talk together and Council can give direction as a body.

Commissioner Taverna stated that in the past there has been some confusion on the commission on how to handle when their citizens from Pacifica may come to them with a concern about emergency preparedness. She remembers when we had high fire danger. In the future, when people come with concerns about tsunamis and evacuation, etc., they have the education, but if there are very serious concerns, they would just report it to Council. She asked if that is what they should do.

Police Captain Glasgo stated, theoretically and typically, concerns of that nature would be brought to the staff liaison who is assigned to that commission and further discussion can be had as to the direction and response to any given community member’s concerns.

Mayor Boles stated, if something was brought to you which raised an idea of something you might want to do in the community with some particular outreach, that is something the commissioners can take on.

Commissioner Wahlman asked which meeting bodies are on public access TV.

Councilmember Bier mentioned, even in OSPAC, they want more interaction and direction from us and she thinks we can figure out a way to do that.

Chair Johnson stated, in regards to the committee/commission annual report, she would like to see some potential of the different committees/commissions interacting more and the commissions keep in touch and know what they are all doing, in addition to the liaison work.

Commissioner Blackburn added they have their eyes on the Local Hazard Mitigation Plan, which is up for a five-year renewal. He stated that identifying the risks and threats to the community is the beginning of pushing ourselves in that process whereby grant money from the federal government will be available to pay for projects to remediate or mitigate those hazards; that conversation that we would have with Council and other commissions can be very useful as they do their planning years out for projects that might be eligible and available for funding.

Mayor Boles adjourned the joint study session at 5:48 p.m.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 6 February 09, 2026
6:00 PM OPEN SESSION
Call to Order
Mayor Boles called to order the regular meeting at 6:02 p.m.

Attendee Name Title Status Arrived
Christine Boles Mayor Present
Greg Wright Vice Mayor Present
Sue Beckmeyer Councilmember Present
Mary Bier Councilmember Present
Mayra Espinosa Councilmember Present
City Clerk Coffey took a verbal roll call.

Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Yulia Carter, Asst. City Manager; Hina Gupta, Asst. City Attorney (Zoom); Maria Sarasua, Police Chief; Scott Leslie, PB&R Director; Melissa Tigbao, PW Director; Samantha Updegrave, Community Development Director; Marisol Gómez, Finance & Administrative Services Director; Roland Yip, PW Dep. Director-Engineering; Daniel Patten, PW Acting Dep. Director (Wastewater); Craig Wittner, Acting Fire Marshall; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.

Reading of Land Acknowledgment
Mayor Boles read the Land Acknowledgment.

Salute to the Flag led by Councilmember Beckmeyer
Closed Session Report
City Attorney Kenyon stated there was no reportable action.

SPECIAL PRESENTATIONS
A. Proclamation - Jeanne Salisbury for service on Emergency Preparedness & Safety Commission
Mayor Boles read a proclamation honoring former Commissioner Jeanne Salisbury’s service on the Emergency Preparedness & Safety Commission.

Ms. Salisbury appreciated the proclamation and shared her positive thoughts on her time on the Commission and appreciation for all the volunteers and staff supporters for the work they did.

Councilmember Bier thanked her for her long 19 years of service and stated that this Commission was her first liaison and she thanked them for their help to her as a Councilmember and their service to the community.

Vice Mayor Wright thanked her for the example she set and sense of community spirit.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 7 February 09, 2026
Councilmember Espinosa thanked her so much for her 19 years of service.

Councilmember Beckmeyer appreciated hearing from her during interviews when she would apply to be reappointed. They appreciate her important service to the community.

Mayor Boles knows how much she and others did to prepare for ESPC, CERT, and Fog Fest to educate our community at every chance they get. She stated it was hard not to reappoint her as she applied again. They hope she will still stay involved in this important work through CERT and other ways. She thanked her so much.

There were no public comments.

CONSENT CALENDAR
Mayor Boles asked if any councilmember wanted to pull an item off the consent calendar.

Seeing none, she stated that she wanted to make a couple of comments on Item 7.

Councilmember Bier stated that they have something to read for Item 8.

Mayor Boles opened public comments.

Tygarjas Bigstyck, Pacifica, stated, for Item #8, he thanked Council for the reaffirmation, and for Item #7, he requested more information on that item as it was an amazing opportunity.

Chris Redfield, Pacifica, stated he was in full support and was on board with OneShoreline and shared his thoughts on this feasibility study and hoped the funding supports this effort.

Sandy Mills, Pacifica, thanked Council for protecting our community as a Sanctuary City.

Suzanne Moore, Pacifica, shared, on Item #8, that she was grateful for having this reaffirmation, especially at this time, and thanked Council.

Tom Kendall, Pacifica, had submitted a written comment supporting the Mayor signing the letter to OneShoreline and shared his support.

Mayor Boles closed public comment. She stated, regarding Item #7, Council would sign a grant application with OneShoreline to look at further studies of the offshore reef in partnership with UC Santa Cruz scientists and engineers to do the modeling and proof of concept. She stated that our staff is overworked on so many engineering projects, but OneShoreline is a partner that is supposed to help all cities in the County work on our adaptation planning and sea level rise.

She stated that, regarding the sea wall, an offshore reef outside can break the wave energy and overtopping. For now, it is a $150,000 grant application, $75,000 coming from the Department of Boating and Waterways if approved and other regional money that is possible.

Vice Mayor Wright thanked staff for their responsiveness and thoroughness on the expenditures and his questions. He felt we are very lucky to have the people we have.

Councilmember Bier stated, for Item #8, Council is sworn into office to protect our Constitution of the State of California and protect the Constitution of the United States of America. She thought this is their way of trying to do that.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 8 February 09, 2026
Councilmember Bier and Mayor Boles read the resolution for Item #8.

Vice Mayor Wright moved to approve the Consent Calendar; seconded by Councilmember Beckmeyer.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Wright, Vice Mayor
SECONDER: Sue Beckmeyer, Councilmember
AYES: Boles, Wright, Beckmeyer, Bier, Espinosa

1. Approval of Disbursements for 1/1/26 through 1/31/26 PROPOSED ACTION: Receive and file the Monthly Check Register Report for the month of January 2026.

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the December 2, 2025 City Council Special Meeting and the December 8, 2025 City Council Regular Meeting.

5. 2025 Mandated Fire and Life Safety Inspections Compliance Report PROPOSED ACTION: Receive and acknowledge the 2025 Mandated Fire and Life Safety Inspections Compliance Report of the North County Fire Authority’s mandated fire and life safety inspections performed within the City of Pacifica pursuant to Sections 13146.2 and 13146.3 of the Health and Safety Code.

6. Approval of Consultant Services Agreement between the City of Pacifica and CSG Consultants for Design and Engineering Services related to the Sharp Park PDA Resurfacing Project
PROPOSED ACTION: Adopt a Resolution Authorizing a Consultant Services Agreement with CSG Consultants for design and engineering services in the amount of $114,065.00 in connection to the Sharp Park PDA Resurfacing Project; approve budget authority in the amount of $125,471.50 which includes 10% contingency and authorize the City Manager to execute all documents related with the project.

7. One Shoreline Grant Application Support Letter for Concept Feasibility Study of Offshore Artificial Reef
PROPOSED ACTION: Authorize the Mayor to sign a letter of support for the San Mateo County Flood and Sea Level Rise Resiliency District’s (OneShoreline) application to the California State Parks Division of Boating and Waterways’ FY 2027-28 Shoreline

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 9 February 09, 2026
Erosion Control Program seeking funding to lead a concept-level feasibility study of an offshore artificial reef near Beach Boulevard.

8. Resolution Reaffirming the City’s Commitment to the Constitution, Democratic Values, and Human Rights
PROPOSED ACTION: Adopt a "Resolution of the City Council of the City of Pacifica Reaffirming the City's Commitment to Protecting the United States Constitution, Democratic Values, and Human Rights; Expressing Grave Concern over Recent Federal Immigration Enforcement Actions and Their Impact on Civil Liberties; and Calling for Accountability, Transparency, and Respect for Due Process".

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Reannah Karstedt, Pacifica, stated she and Theresa Gio will be in charge as co-presidents of Fog Fest Organizing Group and they are both excited to work together for Fog Fest’s success for the foreseeable future. She then reported that the 2025 Fog Fest was a success and they were able to raise funds matching their level in 2024 and stated that the 39th annual Fog Fest will be on September 26-27, 2026.

Robine Runneals, Pacifica, stated that the Fog Fest theme is America’s 250th birthday and will be celebrating patriotism. They will call it America 250 and she hopes everyone registers for the parade, demonstrate their patriotism, etc.

Lyla Reinero, Pacifica, stated she is speaking on behalf of her friend, Caitlin Quinn, and her neighbors regarding the short-term rental located at 1987 Beach Boulevard and shared her concerns on revoking the STR permit due to its detrimental impacts on the neighbors.

Bryan Reinero, Pacifica, shared concerns about the effectiveness of City staff policing the number of STRs operating outside of the permit process and emphasized platform accountability. He asked how many times City staff asked for that information from platforms, how many times permit revocation hearings were held, and how many times inspections took place in the non-coastal zone under the new ordinance.

Mark Stechbart, Pacifica, shared his concerns on the issue of the STRs in Pacifica, including definitions of coastal vs. non-coastal, the STR list, rules for hearings, and strikes. He stated that communication from the City about STRs has been challenging. He raised concerns about permits at 1138 Grand Teton and 728 Noriega, and 1159 De Solo.

Aaron Reif, Pacifica, referred to the Ohlone Portola Heritage Trail and expressed concerns about the striping of the lanes near the condos on Fassler Ave, leading to speeding cars. He stated the speed limit needs to be enforced and the lanes need to be restriped.

Suzanne Moore, Pacifica, shared that most HUD funding from Housing Authority of SMC is continuing and that from Faith In Action Bay Area there have been no ICE raids in the Bay Area but other ICE raids in other jurisdictions and states. She provided resources for those impacted.

Sam Casillas, Pacifica, referred to comments made at the last Council meeting on STRs and shared his concerns on the permit renewal for 1987 Beach Blvd. He also expressed frustration on City communications regarding STRs.

Mayor Boles asked if staff can answer any STR questions such as number of violations filed.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 10 February 09, 2026
City Manager Woodhouse stated that numerous comments tonight were not accurate. The data reports from the previous years include data about the current STRs, enforcement actions that were taken, and what Council went through regarding the ordinances; those reports and records speak for themselves. Concerning specific notices of violation and enforcement action that are underway, he cannot comment on that as a matter of legal issues.

Mayor Boles stated that there have been some that are closed.

City Manager agreed and stated that he can report back to Council as staff had recently submitted updated reports in December and January.

Mayor Boles stated her understanding that every short-term rental that has received a renewal has been specifically inspected at this point.

City Manager stated she was correct and all the renewed STRs are listed and available on the website and is transparently available.

Mayor Boles stated she would also follow up with some of the other questions that were asked.

PUBLIC HEARINGS

PROPOSED ACTION: Deny the appeal, affirm the Planning Commission’s approval of Site Development Permit PSD-838-18 and Tree Permit TP-4-24, and find the project exempt from the California Environmental Quality Act (CEQA) by adopting the attached resolution (Attachment A), including conditions of approval in Exhibit A to the resolution; and, incorporate all maps and testimony into the record by reference.

Mayor Boles asked councilmembers for any ex parte communications or conflicts of interest.

Vice Mayor Wright stated he had ex parte communications with the neighbors.

Councilmember Bier stated she has as well.

Mayor Boles stated she also has had conversations with a group of neighbors.

Community Development Director Updegrave and Sr. Planner James Lin presented the staff report. Chair Hauser was also present as the Planning Commission’s liaison.

Mayor Boles referred to the storm drain and thought in the Storm Drain Master Plan drawings all the storm water in the paved areas plus the upper portion of the site will drain to the driveway underneath and eventually to the street. She stated that adding a new storm drain would mean from the driveway all the way down to Bay View to take up the street to put it underneath. She is assuming there will be verification of the capacity of the existing storm drain in Rockaway

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 11 February 09, 2026
area and that might need to be added to the conditions. She wanted to ask what it connects to and whether we are looking at increased impacts of storms which were also mentioned in the Storm Drain Master Plan. She asked if this is a de novo hearing, not just opining on the appeal questions.

Community Development Director Updegrave agreed, adding that it requires approval of the state development permit and tree removal permit.

City Attorney Kenyon stated this is de novo even though it is an appeal of a Planning Commission decision, and Council gets to look at the whole application de novo, or anew. If Council wants to add conditions of approval, staff has recommended one condition of approval to add already and, if Council agrees, we can add that tonight as it is a de novo review.

Mayor Boles asked if Planning Chair Hauser would like to say anything.

Chair Hauser stated that the Planning Commission reviewed this as indicated by staff. There were five commissioners present and, of the five, four voted for approval and one abstained.

She stated that this project came before them twice. The first time, Planning Commission had questions surrounding CEQA, geotechnical, storm water, as well as access. The Planning Commission appreciated that, when the applicant came back, they had done the work to do a completely new geotechnical report and clarified Planning Commission’s misunderstanding, i.e., the access was through an easement over someone else’s property. The applicant owns the access way and they amended the easement that was encumbering their land. It was a huge help in understanding access, as part of why there were discussions about potentially exploring other access points was it was not clear if access was legal. She empathizes with the community as this is a half-acre property that has been vacant for years and construction is always inconvenient. She thinks the key thing is that it is a site that is zoned for 2-6 homes and what is proposed is a minimum of one home and an ADU. She thinks there are objective design standards under state law that we have to review and both Planning Commission and City staff found that the project complied. The Planning Commission tried to address the concerns from the community through amended and additional conditions of approval.

Mayor Boles asked regarding the driveway access whether we have to provide access as they have a legal right to build something on the site. She asked if it is correct that our current codes do not define any required setbacks for driveways.

Community Development Director Updegrave stated that it is correct that there are no setback requirements for driveways.

Mayor Boles stated that we have height limits for retaining walls, but we are not able to review this project’s retaining wall heights in the setbacks for compliance.

Community Development Director Updegrave stated that the project did vest prior to changes in the Zoning Ordinance. However, the retaining walls associated with fire access are not subject to that section because they are required by law to support that access.

Mayor Boles stated other retaining walls outside of the fire department driveway and turnaround are still not subject to height because of our definition that we just changed.

Community Development Director Updegrave stated that they are subject to height, but with a different measurement.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 12 February 09, 2026
Mayor Boles asked what are the height limitations for retaining walls in setbacks.

Community Development Director Updegrave stated that the retaining walls within setbacks have different height allowances. Within side setbacks, they are allowed to be six feet and, within front setbacks, three feet. Under the code that this project is vested to, the retaining wall is measured from the high side.

Mayor Boles concluded that you could have an infinitely tall retaining wall.

Community Development Director Updegrave stated that the retaining walls are not so limited.

Mayor Boles concluded that we cannot review retaining wall heights. She opened the public hearing and invited the appellant to speak (10 minute testimony period).

Nathaniel Launer, Greenfire Law Attorney, stated he is representing the Coalition for a Safe Pacifica. He stated there are a number of concerns the Coalition and residents of Bay View Drive have with the proposed project that require granting the Coalition’s appeal and denying the site development permit. He stated these concerns were set forth in the Coalition’s appeal and supported by public comments by neighbors and experts hired by the Coalition. He stated the project requires a variance and none was provided, and the proposed project does not achieve the objectives of the R-1-H Hillside District. The project does not minimize the adverse impacts on existing neighbors, drainage, traffic, land stability, and natural resources. The project could increase stormwater runoff. It will require substantial grading and retaining walls in a no landslide zone with legitimate concern for impact of traffic and emergency access. The second argument for a variance is that the project is inconsistent with the City’s design guidelines. The third argument is that the project does not comply with the Zoning Ordinance requiring minimum side setbacks of at least five feet. He also stated that the project is not exempt from CEQA and Planning Commission violated CEQA in issuing a Class 3 exemption for this project and that the project location is on exceeding steep slopes in a known landslide zone and debris flow area. He requested Council grant the Coalition’s appeal and deny the development permit because a variance is required and send it back to Planning Commission for reconsideration.

Mayor Boles asked about the data points Mr. Steve Bonds used in his letter with the C3 numbers used on the application.

Mr. Launer stated he cannot attest to what the project’s applicant used to estimate the stormwater runoff, but he knows that Mr. Bonds used the most recent rainfall data from the NOAA for precipitation frequency estimates for Pacifica, specifically. Their rainfall estimates presented as storm events return intervals from 2-year, 10-year, and 100-year precipitation records and storm events.

Mayor Boles invited the applicant to speak (10 minute testimony).

Bradley Manione, an attorney representing the property owners, Robert Benda and John Spenker, stated that no variance has been requested and no variance is needed. The project meets all specific requirements. There is no setback requirement under the applicable Pacifica Code requiring any setbacks or retaining walls or driveway. Those are not structures under the Code. This project is exempt from CEQA as it is a single-family home with an ADU and a detached garage. It qualifies for a Category 3 exemption. There are no special circumstances

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 13 February 09, 2026
that change that determination. They have submitted two geotechnical investigations that confirm that there is no concern about adverse environmental impacts of this project. The conditions of approval were imposed in compliance with applicable case law, finding that you can impose conditions that are standard regulations to make sure the project complies with requirements and there are no adverse environmental impacts. It was mitigation measures and, as such, this project satisfies the Category 3 exemption.

Javier Chavarria, project engineer, referred to the issue of the driveway. The initial driveway rendition was incorrect. The new rendering, along with the 3D shape of the drain that was submitted to the appeal response are very accurately prepared; and, if you look at the grading plan, there is no portion along 125 Bay View, the south side of the driveway, that exceeds 18 inches in front of the building. There is no retaining wall from the right side of the driveway. The driveway follows existing grading and a curve is being constructed on the right-hand side. The retaining wall seen on the rendering at the further end of the driveway is where we turn and it is a retaining wall where the terrain at 125 is higher than the terrain on the driveway. The new rendering is accurate and there are no discrepancies, no retaining walls close to 4-feet in front of 125 Bay View and, therefore, no variance needed, as there is no structure per se along the driveway. The building has setbacks around. The driveway is a flat structure and does not protrude above the soil; therefore, no variances are required. Regarding the unusual circumstances of the project, if they look at the building immediately to the east, 741 Rockaway Beach Avenue, it is a building constructed exactly under the same conditions here. It has a driveway that is 150-feet away from Rockaway Beach and there are three buildings there, all accessible from the driveway going back there. The hillside behind them is the same hillside they have here. The amount of excavation done was the same. Regarding the size of the building, the square footage of the buildings, the heights, the soil conditions, and the access driveway are similar; therefore, they submit to Council that there is no variance needed, no unusual circumstances, and no issues with the geotechnical concerns. Regarding the drainage, he has not seen the calculations prepared by Mr. Bonds and would love to see them. It is their goal in the project to meet all the requirements. They are trying to build a home for a family and build something that is sound, complies with all regulations of the City, and is correctly done. If there is any issue, they will be willing, ready and available to fix them during the permit process.

Their goal is to have sound, properly designed project that complies with all the codes and regulations and provides a home for this family that has been trying to build it since 2018. He added, regarding the storm drain, on the topographic survey, it does not show the size of the storm drain system but at the end of Bay View on the right hand side, there is a 24 x 24 catch basin. At the base of Bay View, at the intersection of Rockaway Beach Avenue, there is another inlet, and those two inlets are connected by a 24-inch diameter pipe.

Vice Mayor Wright asked if the applicant considered moving the driveway uphill in order to offer some planting and more privacy for the downhill neighbor.

Mr. Chavarria stated that they did, but unfortunately, the planting easement that was granted to the property on the north initially only allowed 13-feet and through negotiations the space was increased to 18 feet. It appears that when some of the construction of the other homes was done, certain debris was thrown on this parcel and some negotiations of the previous owners granted the owners of 171 Bay View a planting easement along the 25-foot parcel and a planting easement on the eastern side which is the northern part of this property. Therefore, the access was limited and they worked very closely with the fire department and reached the situation that an 18-foot driveway would be acceptable for the fire department; the neighbors at 171 were willing and amended the easement to reduce their planting easement to 7 feet so that 18 feet would remain available for the access driveway. The 25-foot parcel belongs to Mr.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 14 February 09, 2026
Benda and Mr. Spenker, the owners of the property. That easement was the element of concern and that was the most that they were able to push it northward.

Vice Mayor Wright asked if they would be willing to have an additional conversation with the uphill neighbor to see if they could address that by moving it slightly uphill.

Robert Benda, owner, stated that there are reasons for that easement that was obtained by the Sublinskys, but part of it is the construction of a retaining wall that was required from some additional construction in the neighborhood. That easement has a long history and they are very grateful to the Sublinskys for renegotiating with them to the extent that they already have. Mr.

Benda stated that they would be willing to have the conversation.

Mayor Boles referred to the site plan and stated there was a deed that noted two planting easements, one on lot 6 and a second one on the triangular part where the swale part of the driveway and drain appear to be inside the easement. What she read on the easement is it is with the same owners as the house uphill. She asked if this has been discussed with them that they are doing work within this planning easement.

Mr. Chavarria stated that they have. The swale that is being built behind the retaining wall will be an enhancement for the planting area and they are going to be improving some of the planting that they have in that section. The Sublinskys are fully appraised of the entire plan.

Mayor Boles stated she does not see a legal document that allows them to do this work in the easement. She referred to the swale as well as the 10-foot tall retaining wall at this location.

Mr. Chavarria stated that the retaining wall does not encroach on the easement.

Mayor Boles explained a depiction on the site plan that showed the retaining wall encroached on the easement. She had spoken with the City Attorney for this to be an added condition of approval, that they are doing work in that easement and need to get the approval of the owners.

Mr. Chavarria stated that his understanding is that the easement was modified so the retaining wall would allow for an 18-foot width of the free and accessible fire access and the remaining portion is a planting easement. He stated that the original line was the original depiction of the easement but that has been modified.

Mayor Boles stated that she did not see the modification. The only modification to the easement she saw was for Lot 6, the driveway.

Mr. Chavarria stated, if it needs to be modified, he is sure it will not be a problem.

Mayor Boles referred to the other easement and the actual language that was changed on packet pages 437-438. She stated this is related to the easement on Lot 6, a strip of land uniform 13-feet along the boundary line of Lot 6. She asked if he can confirm that this is the document that was revised in working with the neighbors that had this planted easement.

Mr. Chavarria responded affirmatively.

Mayor Boles thought it was changed in 2023. She read, “The retaining wall shall be constructed in such a manner that the stem thickness is not greater than 12 inches and the entire structure does not encroach more than 16 inches into the new easement measured from the northerly

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 15 February 09, 2026
line of the easement. The Replacement Retaining Wall design in all instances shall ensure feasible construction of a driveway not less than 16 feet in width...” Her recollection is that this talks about the retaining wall and not about the swales. There is also a catch basin at the bottom of the site. There was also language that trees and landscaping outside of this additional easement would not be affected. She has some concerns about the magnolia tree in the front. She stated that packet page 439 talks about removal of other improvements and plants: “Grantor shall have the right to remove any other improvements, trees, plants, irrigation systems, located more than 7 feet to the south of the northerly boundary.” She referred to the site plan on packet page 316. The easement document talks about the retaining wall but not about this additional swale; she also had not found the dimensions for it and not sure if it meets the 18 inches altogether. There is a catch basin at the property line that is also in the easement. She asked if he can talk about those things.

Mr. Chavarria stated the communication between his clients, Mr. Spenker and Mr. Benda, has been very close with the Sublinskys and they have been involved in all the process and traction of the easement and are very eager for the reconstruction of the retaining walls as that is going to improve the stability of their homes. All the drainage has been discussed with them and he is sure there will be no issues whatsoever on revising the language of the easement.

Mayor Boles appreciates him doing that. She wants to talk about the tree permit and referred to the arborist report in the Planning Commission’s agenda on packet page 174. She believes this is tree No. 1, the magnolia. What she can tell from the arborist report is it was written and analyzed before the driveway got widened because the arborist is showing tree protection on the inside of the existing retaining walls which they are taking out and she was concerned about the protected tree.

Mr. Chavarria stated they are also very concerned with the tree and they had conversations with the arborist, and the arborist characterized the tree as fair to poor condition. The way that the retaining wall is going to be constructed is with piers and one of the approaches that he was going to take is to map the root system and try to drill in locations where it will not impact the root of the trees. If, at that point, he feels that the tree will be affected to a level that it will not survive, the tree will have to be replaced.

Mayor Boles stated that their drain catch basin is digging into the roots of the tree, not just the retaining wall, but all these things that are affecting about half of the roots of the tree.

Mr. Chavarria stated it is a shallow catch basin and it does not go deep into the root system.

Mayor Boles stated that it is in the root area and has not been studied by the arborist. She stated that it ties into the legal document that says you are not supposed to touch a tree beyond that point. She thinks perhaps it is a condition of approval that the arborist has to go back and look at the tree and opine and, if it needs to be removed, there is tree replanting protection.

Mr. Chavarria stated that is most likely a route that needs to be followed because the location is critical.

Mayor Boles referred to the new rendering of the driveway. She thinks what she saw was the retaining wall on the right is about 2.7 feet above grade, opposite the back end of the house.

She stated that it is not right at grade and it slopes up a little bit. She added that what they are doing is removing soil and reducing the steepness of the driveway as it goes up. She noted, at the back of the property at 125 Bay View, they have a 5-foot high retaining wall where the road

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 16 February 09, 2026
is below the existing grade of the house. She stated that this rendering does not show a curb on the right side but she assumes there is a curb to prevent cars from striking into the fence.

Mr. Chavarria answered affirmatively.

Mayor Boles stated that this fence they are showing is not existing now. She asked if they are proposing building a fence. She did not see any fences noted as new on their plan.

Mr. Chavarria stated it is not existing there but they felt, after the construction of the driveway, it probably would be appropriate and the neighbor would be pleased if a fence is built there to protect his property and some privacy.

Mayor Boles thought that may be a conversation he should have with the neighbors.

Mr. Chavarria agreed.

Mayor Boles wished the renderings showed the windows in the house as it is hard to understand the impact. She thinks it was hard for the Planning Commission to review the project. She referred to the on ramp and she is concerned that it is not completely accurate.

Mr. Chavarria stated that the grades are accurate. The buildings are placeholders. They were intending to render the building, but the driveway slopes and grades are accurate.

Mayor Boles stated it is her understanding that in the grading plans that retaining wall gets taller as you go up the driveway. She asked what the height is of that approximately.

Mr. Chavarria stated that at the back of the property lines of the properties on Bay View, the retaining wall is 7.5 feet, and as it goes deeper into the property to 8.5, 10, and 13 feet at the very end of the cul-de-sac. On the portion of the driveway itself, it starts at 24 inches in front and gradually grows to 7.5 feet at the back of the Bay View properties.

Mayor Boles stated it is hard to see that view. He is not showing the swale either and the impact there. She stated that the driveway, the grass in the middle, and the plantar strip are something the Planning Commission asked for and she asked if they had a conversation with Fire about this and the use of turf blocks.

Mr. Chavarria stated that they initially had planned to use turf blocks throughout and the Fire Department was not very happy with that because the design and maintenance of turf block and grass is something is not very compatible with fire trucks. They have a full concrete driveway with a center street to mitigate the appearance of the big mass of concrete. The two sections where the truck will travel are designed to fire truck standards.

Mayor Boles concluded the Fire Department was okay with the landscaping in between.

Mr. Chavarria responded affirmatively.

Mayor Boles asked about the left edge.

Mr. Chavarria stated that the left planting is only a 10-inch strip in there to allow some ivy to be planted so a truck is never going to get that close to the retaining wall.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 17 February 09, 2026
Mayor Boles wanted to go back to their grading plan. She stated that they note the driveway has 18 feet and she asked if he can explain the conversations with Fire as she thought she heard that they typically required 20.

Mr. Chavarria stated no, it is 18 feet, and they would approve 18 feet as long as they have an AMMR for the building and fire sprinkler system.

Mayor Boles asked if that 18 feet clear driveable width.

Mr. Chavarria stated it is the full driveway.

Mayor Boles stated that his sections show the retaining walls inside those 18 feet dimension and that is one thing she wanted to clarify with him and Fire. Assuming 18 inches, or 8 inches for each retaining wall, that is a reduction from the drawing on packet page 318.

Mr. Chavarria stated that these drawings were presented to the Fire Department. During the building permit process, they will also be deeply, closely scrutinized.

Mayor Boles added that the retaining wall on the left and the curb on the right both project into that 18 feet width.

Mr. Chavarria understands and these drawings were presented to the Fire Department. They did not go at this level of the project into a very detailed plan check with them. They accepted the driveway conceptually. He is sure, at the time of building permit, this will be deeply scrutinized and, if they need to reduce the retaining wall location to obtain a full unobstructed 18 feet, then they will have to do that.

Mayor Boles referred to page 316 and asked if he can explain what the red dash lines and the blue curved lines are in Bay View Road.

Mr. Chavarria stated that those are the turning radius for the interior and exterior wheel of a fire truck. He stated that the red dashed lines are a tangent to the curve to establish the radius.

Mayor Boles stated there is parking on both sides of Bay View Road currently and there are driveways he is not showing for the homes across the street. He is showing the turning radius starting from the left hand side where cars are parked. She asked if he can explain how a fire truck can turn if cars are parked.

Community Development Director Updegrave thought this was a good opportunity to bring Acting Fire Marshall Wittner to speak to the fire issues.

Mayor Boles asked him to explain the Fire Department turning at those blue curves from the left side of Bay View Road when cars are parked on Bay View Road on that side.

Acting Fire Marshall Wittner stated that Fire originally asked for them to show this from the center line but then they took a closer look at that actual Bay View Road and they noticed that there are two driveways on the west side and it is unlikely that cars will be parking in the driveway section. He stated that there is a small curb section in between driveways which he does not think is long enough for an authorized spot. That would be his oversight for not calling that as a condition of approval to red curb that small section between driveways on the west side of Bay View. He stated that it is not uncommon that Fire does that, even for a non2.a Packet Pg. 32
Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 18 February 09, 2026
authorized spot, but that would be required to make that turn. If for some reason they could not make the turn, which is indicated from the engineer on there, the radiuses are 52 feet outside and 28 feet inside diameters and they would need to start from that opposite lane in order to make the turn. That is not uncommon but, as far as not calling out the portion of the red curb on the west side, that was his oversight and that would be a condition of approval.

Mayor Boles went through our planning parking codes which allow people to park in front of their driveway up to 72 hours and this condition would take away from the rights of the two property owners. She asked the City Attorney if that is something we can do.

City Attorney Kenyon stated that the Fire Marshall is giving his opinion on why he granted that.

He is recommending a red curb condition of approval and she asked if that red curb is on the applicant’s property.

Acting Fire Marshall Wittner stated that it is not.

City Attorney Kenyon stated it is not on the applicant’s property and we do not need to make it a condition of approval because that is something, if the Fire Marshall thinks it is necessary, he would talk to Engineering and they would give a recommendation and staff would move forward.

Acting Fire Marshall Wittner added that, if that did not work, the engineer and applicant would show another way to make that turning radii.

City Attorney Kenyon reiterated the concern that it does not appear from the plan that there is enough area to provide safe access for a fire truck and what she is hearing from him is that Fire has looked at this and believes, given the circumstances and actual review or vision of the road, that these plans and the addition of a red curb would satisfy any safety concerns with access.

Acting Fire Marshall Wittner agreed, adding that he sent Engine 72 up there today to confirm.

He stated that it is not ideal but it is what they have to work with in Pacifica as far as narrow streets go. They look for opportunities to make things work with some adjustments; otherwise with so many areas in town that would not be buildable if not for some alternate means which carries over into hearing the Mayor asking question about the driveway width. Normally the minimum apparatus access is 20 feet. In communities statewide, it is very common to have a reduction up to X for residential driveways, particularly single family dwelling lots; it is not uncommon to reduce to 18 feet, 16 feet, and some communities allow 14 and 12 feet driveways.

He has never gone that far but he did allow a reduction up to 18 feet in the clear, not including retaining walls. That entire driveway would need to meet imposed loads of 75,000 pounds. He added that he was surprised with the applicant’s response to some original comment rounds:

When they had resubmitted, it was a big step towards compliance when they brought in their more recent design of that engineer driveway and was part of the alternate means and methods. The state code and regulation statute allows them to make exceptions, variances, or tradeoffs. If you cannot meet a prescriptive requirement as outlined in the California Fire Code, California Building Code, etc. the law allows you to propose an alternate as long as the alternate is equal to and strength effectiveness durability, etc. In this case, the engineer and applicant submitted an alternate design to have an engineered, grooved concrete driveway, reduction to 18 feet, which they felt was acceptable. Given standard streets throughout cities like Pacifica and Brisbane are even narrower than that, given Point A to Point B on many main streets, they did give us adequate co-compliant working room with a full complaint hammerhead turnaround, all on their property up where the structures were. He felt that was a good tradeoff and met the intent in the spirit of the code.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 19 February 09, 2026
Mayor Boles stated that there were no other options to that hammerhead to put it up higher on Bay View because of the distance.

Acting Fire Marshall Wittner agreed that it was a tough option because they could not meet the 150-foot hose pull. There may have been some others but that was looked at and discussed before it was accepted.

Vice Mayor Wright asked, when it comes down to that turnaround spot, would it be prohibited for the residents to park in that portion of the driveway.

Acting Fire Marshall Wittner stated technically it would. When it comes to signage from a fire service point of view, they typically do not require signage for private property and hammerhead turnaround for single family dwellings. As long as they get it recorded on the legal documents as a fire lane and turnaround, then they have legal proof that it is a requirement. If it becomes an issue in the future, they would enforce it, whereas the difference would be, if this were a commercial development, fire hazard, or an apartment complex, it would not be uncommon for them to require signage from the get-go.

Vice Mayor Wright stated, if the applicant intended to park up there, he would be required to increase the size of that parking area.

Acting Fire Marshall Wittner stated he would be required to discontinue the parking or potentially increase or redesign it to provide Fire Department access to the hammerhead turnaround.

Mayor Boles noted there is no visitor parking other than what is in the garage, so a delivery vehicle or courier would have to be parking in the Fire Department turnaround.

Acting Fire Marshall Wittner stated that his only response to that is that it is a single family lot.

Although it is not ideal, he has seen situations, even on commercial streets, where access was an issue and he has seen where restrictions have approved loading and unloading zones in a fire lane. It is not ideal, but they know it happens and, if it were to become an issue, they would enforce it at that point.

Mayor Boles stated, if they are having a party, you do not want cars parked there in case there is a fire.

Acting Fire Marshall Wittner stated, typically, the overall use of a single-family dwelling is going to have x number of cars and, unless they have RVs anytime, long-term storage of trailers, etc. coming and going cars do not have a lot of stock.

Mayor Boles stated 18 feet clear and the proposed drawing that shows a planter at the edge might affect their wheels or are they okay with one foot planting edge not being paved.

Acting Fire Marshall Wittner stated it would need to be 18 feet in the clear. He knows there is a need for drainage, etc., and they are okay as long as it is not excessive and it meets the 75,000 pound engineering load for an apparatus.

Mayor Boles stated there is the 28-foot interior radius and two arcs not drawn concentrically and she asked if that matters.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 20 February 09, 2026
Acting Fire Marshall Wittner stated that Fire uses these plans for access and water supply initial approvals. When there are stamped engineered documents, they pay more attention to those when they are submitted for plan check.

Mayor Boles appreciates that and is just concerned because, with those blue lines drawn now, they are hitting retaining walls on both sides so there is no room for error.

Acting Fire Marshall Wittner stated, when they give their approvals in the form they use, it gives people a caveat that these are approvals but not approval to violate a provision of the code or to abase approval because they missed something. When those documents are submitted for plan review, they look at them quite thoroughly.

Mayor Boles appreciated that, adding that, if for some reason it does not work, it would preclude a development on the site.

Acting Fire Marshall Wittner stated it would preclude that particular proposal and they would need to come up with a proposal that met the code or the intent of the code. That AMMR would then become void unless it was modified and agreed upon.

Vice Mayor Wright asked how else Fire would turn around on this street.

Acting Fire Marshall Wittner stated that what they do is use available driveways because it is a dead end street. If there is no way to turn around, their engineers are backing up with the assistance of a captain until it can turn around. They have a lot of areas in our communities where they have difficulty turning around.

Mayor Boles asked if this was in a wild land urban interface zone.

Acting Fire Marshall Wittner responded affirmatively. He stated that, when this project originally came in for review, we had not yet adopted their local responsibility area maps created by CalFire; any permit issued after January 1, 2026 would need to comply with what they call the old Chapter 7A requirements, California Wild and Interface Codes, meaning exterior finish improvements would have to comply with fire resistant and defensible space requirements.

Mayor Boles asked if he would be reviewing the landscape plans in terms of defensible space requirements.

Acting Fire Marshall Wittner stated that they would look at that, along with their partners in CSG.

Vice Mayor Wright asked if that would necessitate Amber Cast Proof Venting.

Acting Fire Marshall Wittner stated yes, it would be a full chapter 7A compliance because this entire parcel was located within the high fire hazard severity zone. The vast majority of the projects they have been working with have to deal with the wildland urban interface construction standards will be in the high areas.

Mayor Boles appreciated him being here. She stated she will continue to find her reference to people being able to park in front of their driveways now.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 21 February 09, 2026
City Attorney Kenyon stated the vehicle code prevents parking in front of a driveway and our code would be in conflict with state law and state law preempts codes that violate the vehicle codes. Even if we do have that code, it would be preempted by the vehicle code.

She thanked her for that clarification.

Councilmember Beckmeyer would like to know the other categories of questions that Councilmembers have. She has a question about catchment and water, the treatment of runoff, stormwater, etc.

Mayor Boles has hydrology and Geotech questions, as well as rendering questions.

Vice Mayor Wright stated most of his questions were toward staff as opposed to the applicant.

Councilmember Bier stated that we heard a lot from the community was fear around steep grading, landslide area, drainage, etc.

Councilmember Beckmeyer asked if they can explain the catchment process and exact way in which the stormwater is treated or handled on the property. The concerns she received expressed multiple times was the sense of increased runoff in light of increased rainfall.

Vice Mayor Wright asked if we can include also during construction.

Mayor Boles thought it might be helpful to pull up packet page 321 which is the drainage plan.

PW Dep. Director Yip stated that, with the drainage question, it is a standard comment that comes from Engineering. They are the ones who review for impacts to our storm drain system.

With every project that has impervious areas, such as grass or dirt, if they cover it with concrete, they will typically increase that area’s runoff by around three times more. They are allowed to increase the runoff, but they have to mitigate for that additional stormwater runoff before it enters our system. He read the Condition of Approval 41 in its full context. He stated that they are allowed to increase the stormwater runoff but cannot increase that low rate during the peak storm. Staff asked for them to do 100-year storm, a storm that occurs once every 100 years, and the duration and intensity at that time of concentration of one hour. It is a large system that they have to put in place. What they have currently on the plan, which will be further verified when they enter into the building permit, is a series of bioswales across the property, a 5-foot x 33-foot and 6 inch deep gravel dissipation area to disburse the water so it does not concentrate flows and cause a stream, as well as a 2-foot diameter pipe at the southwest of the property to hold the stormwater. He then stated that, during construction, they have an erosion control plan and a construction best management practice plan and they have to put a series of fences, straw waddles, etc. that have to be spaced properly for how steep the hillsides are. If they do construction during the summer, there will be less impact. If they do not, there will be more frequent inspections on the property to ensure that those best management practices are installed properly.

Vice Mayor Wright asked, if for some reason that plan is inadequate and water or debris goes down or they get saturated soil that slides towards the neighbors, who is liable for that.

PW Dep. Director Yip stated that the applicant will be liable for all of their construction and their contractors need to have the proper insurance as they will be liable for all the work they do.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 22 February 09, 2026
Mayor Boles stated she is still trying to understand the rain intensity in an hour for a 100-year storm. She does not know if he had a chance to review the letter from Steven Bonds, who is consulting geologist/hydrologist, that was submitted today.

PW Dep. Director Yip stated he has not had a chance to review it but it does increase it around three-fold but that is not something that cannot be mitigated for a larger project. There is a way to detain this extra stormwater to hold it until the storm has passed so it can still go into our storm drain system. After the storm passes, there is no more rain coming into our storm system and they can continue to release the water back out at that time. It is a common practice done all around and everyone has their own manuals to calculate what they call stormwater runoff; it is a standard equation called the rational method and that is done all around as all counties have their own hydraulic manuals.

Mayor Boles wants to confirm that she is looking at a C3 check list on A5.8 and it says 0.2 inches of rainfall intensity per hour and it says 4.3 hours of rain duration. She asked if that is the number that relates to what he is asking.

PW Dep. Director Yip stated that they use NOAA and it is different based on the storm event, 100-year storm or 10-year storm, and they will verify that. They are following the County’s requirement for a one-hour duration and one-hour time of concentration.

Chair Hauser added that the Planning Commission added the condition of approval that was read into the record and modified Condition of Approval No. 29. They have endowed the City with rights and it took a long time to do this with the City Attorney to make sure that there was a proper nexus for it, but to answer Councilmember Beckmeyer’s question, they treated this as a big site and not as a single family home site.

Mayor Boles appreciated that and that there will be more scrutiny as they go into building.

Mayor Boles called for a break and then reconvened the meeting. She had one more question regarding a bird’s eye view in the staff presentation. She stated that you can see the ADU at the top and the right side of the house is about in plane with the house on the right. She asked referred to packet page 342 with the renderings. She asked about the accuracy of the rendering that shows the house from Rockaway.

Mr. Chavarria stated that there is a drawing comparing the elevation of the house and ADU with adjacent property and it shows that the roof of ADU is 4-feet lower than the adjacent house.

The angle of this view may be a little deceptive from the eye, but the building is skewed on the property. The property lines are very strangely located as the building is contouring to the fire truck turnaround. From this angle and that vantage point, the ADU is not seen because the elevation of the roof of the ADU is the same as the highest elevation of the roof of the building.

Mayor Boles understood, adding that it is in parallel to the other building.

Community Development Director Updegrave stated packet page 341 has the section drawing of the single story accessory dwelling unit and shows the property line in the adjacent houses.

Mr. Chavarria stated that immediately above where it says Section E, that is 741 Rockaway Beach. The peak elevation of that house is about 1,004 on a relative scale and the peak elevation of ADU in their building is 1,001.06.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 23 February 09, 2026
Mayor Boles stated that the peak elevation is at the top of the slope and the bottom of the slope is fairly close to the top of the roof of the ADU. She stated you can see how close they are together here and it seems odd to her that this does not show up on the plan. She referred to packet page 315.

Vice Mayor Wright stated that the setback from the ADU to that blue house is 20 feet if he recalls correctly as opposed to the four feet that was required.

Community Development Director Updegrave stated that is correct. The maximum rear setback that can be imposed on an ADU under local and state law is four feet. The ADU here is located 20 feet at its closest point and 25 feet at its furthest point.

Mayor Boles stated that you can see how the ADU relates to the house as they are at about the same slope of the land and the house extends all the way over to the ADU. She stated that the rendering does not look accurate to her. She stated that this is hard for her as an architect to read these plans and trying to understand the impacts. She knows that the neighbors have asked for story poles and they were told they could not be done because doing the grading and plant removal was problematic. It is hard for a lay person and the neighbors to understand what to expect from this project. She would have asked for confirmation that those were accurate and to show the massing on the hillside in relation to the other houses.

Mr. Chavarria stated that all the architectural plans, slope land elevation, site plans, contour lines, etc. depict correctly all the information.

Mayor Boles understands that, but most people do not read these drawings and even Planning Commissioners were having trouble. If you are not going to do story poles, the renderings are important. She asked Community Development Director Updegrave if it was correct that they were requested by Planning Commissioners.

Community Development Director Updegrave stated that the Planning Commissioners had asked for the renderings that were provided. She stated that it is also important to remember that the accessory dwelling unit is not subject to discretionary review.

Mayor Boles understands that, but the house is basically in line with the ADU. She stated that it is understanding the right side of the building and where all this sits on site. She stated that we can take out the ADU reference; that was important in terms of understanding the roof height as the roof height of the ADU is about the same as the roof site of the main house at 101.

Vice Mayor Wright stated, as a follow up on packet page 159, you stated that the City does not require story poles for development projects, and he asked if that was something in the future that we should consider changing to make this kind of visualization easier.

Community Development Director Updegrave stated that it is something Council could consider adding, but the trends within the state for housing development projects reviews and approvals are based on objective standards and, if they wanted to require story poles, they would have to find what the objective standard is that those are being tied to.

Mayor Boles asked if that is true for renderings as a request of the check list, especially for projects on steep hillsides that are hard to hard to understand the relationships to existing structures and the grade.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 24 February 09, 2026
Community Development Director Updegrave stated that we can ask for renderings and we ask for them, which is different than putting in physical structures on a property as a development review requirement.

Mayor Boles stated the staff report said there is no requirement that the renderings be accurate.

Community Development Director Updegrave stated it did not say that there was no requirement for them to be accurate. It said that renderings are a visual tool, but not something that staff bases a compliance review on. Staff are not looking at setbacks, at height, or at the regulatory or development standards requirements. That is done through the plans, not through the renderings.

Mayor Boles stated that there was not a problem that the Planning Commission reviewed the driveway with an incorrect rendering.

Community Development Director Updegrave stated that the Planning Commission approved the project under the assumption that it was an accurate rendering and added a condition of approval asking the applicant, staff, and Fire to work together to try to find a more visually pleasing alternative and she thinks that was considered.

Mayor Boles opened public comments.

Ron Maykel, Pacifica, stated this is a very complicated project and believed Council should uphold the appeal and send it back to the Planning Commission. He raised concerns with some of the layout included on the site plan.

Carol Fregly, Pacifica, stated she would like Council to uphold the appeal. She shared her concerns regarding the development of this project and nearby properties, as well as the capacity of the City to provide infrastructure to such projects.

Ted Garber, Pacifica, emphasized what Ms. Fregly said and shared his concerns on various parts of this project, stating it was a lot to be sold for profit. He also expressed frustration about the inaccuracy of the renderings.

Susan Miller, Pacifica, shared a letter from their independent contractor expressing concerns on possible development shortcuts that could lead to negative impacts on the neighborhood.

She was also concerned about errors on the renderings and plans and would like the project to meet the current ire standards. She asked that Council approve the appeal.

Gregg Jones, Pacifica, stated he supports the appeal and shared his concerns regarding the project including impacts to his home, such as water runoff and potential property damage from construction work. He also raised issues regarding story poles in the renderings and the easement agreement.

Max Reinhardt, Pacifica, shared his concerns on the project, including the loss of vegetation, the inaccuracy of the renderings, and the calculations for the water runoff. He also thought the language used by some of the public comments to discourage development was problematic.

Gloria Stofan, Pacifica, supported the appeal and shared her safety concerns on this project, including mudslides and rockslides, hillside runoffs, and a lack of alternative exit from Rockaway Beach Ave.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 25 February 09, 2026
Vera Toth-Fejel, Pacifica, shared her concerns on this project, including building below legal standards and asked that the project be sent back to the Planning Commission.

Jeff Morgan, Pacifica, stated he reiterates everything his neighbors said about the project and is fully in support of the appeal. He thought you should be able to develop the property you bought but he was concerned about parking opportunities on the street.

Mayor Boles asked if the appellant is providing any rebuttal, inviting 3 minutes for rebuttal.

Mr. Launer wanted to address two points. FFirst is applicability of the Housing Accountability Act. He stated that the Commission suggested in their summary report that, while the Council has the discretion to determine the appropriate balance and priorities of the applicable city design guidelines for a project, the guidelines do not contain objective standards and cannot be imposed in a manner that effectively denies or reducing density of a housing development project pursuant to the Housing Accountability Act. He stated that the courts have held that the HAA does not apply to single family dwellings and it does not apply to this single family unit dwelling. Second thing is that they heard that the retaining wall structure will be 7.5 feet in height at the back of Bay View at the properties on Parcel 7 at 125 Bay View Road. He reiterated that this is a structure within the definition of the Municipal Code because it is constructed, not just following the natural grade of the land but 7.5 feet in addition to that, and is constructed or erected so the use of which will require the attachment to something having on location of the ground. He stated 7.5 feet is higher than the 6-foot maximum for the applicable code regulating fences and walls of other sorts. They heard about multiple inconsistencies that warranted recommendations of additional conditions of approval at this meeting and reconsideration. He stated that there is an appropriate procedure for this which is a variance.

They recommend Council grant the appeal, deny the site development permit, and find that it requires a variance to be in compliance with the applicable Zoning Code.

Mayor Boles then invited the applicant representatives to provide any rebuttal, inviting 3 minutes for rebuttal.

Mr. Manione, attorney for the property owners, referred to several points. One, this project is being built as a home for the owners, not going to be flipped. Second, this is not a case for a variance as the project meets the Zoning Code. When it comes to the Housing and Accountability Act, this project includes two or more residential dwellings, a single family and ADU. It is a housing development project for the purpose of Housing Accountability Act.

Another point is the property has the right to access Bay View Road.

Mr. Chavarria stated that there is no 7.5 foot retaining walls on the south side of Bay View. The

7.5 foot he referred to is on the north end which does not impact the adjacent property. The story poles were not installed because temporarily, they would have to remove vegetation without erosion control. There is no landslide and unstable condition on site. He stated that the project complies. Most importantly, there are errors on the plan, but drawings for entitlement have not construction drawings. Drawings for entitlement are allowed to have conceptual drawings that can be modified for construction once the formal design is done.

Community Development Director Updegrave stated that staff has a few points to clarify. The Housing Accountability Act does apply to this project. It applies when there are two or more dwelling units. The project includes a single family and an ADU, so it is subject to the Housing Accountability Act. She reiterated that this project meets all of the development standards in the

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 26 February 09, 2026
Zoning Ordinance and a variance is not required. It meets all of the requirements of our Zoning Ordinance. She knows the appellant had mentioned definitions in the Building Code. The Building Code does not define or establish setbacks for zoning purposes. There are no variances. In terms of CEQA, the added conditions of approval do not mitigate specific environmental impacts but represent standard conditions. Any new construction in the R1H district requires a site development permit which is a discretionary permit granted by the Planning Commission. There is no such thing as an over-the-counter approval of a single family home within the R1H unless they are invoking other state laws that allow ministerial approval between 4 to 10 units. She reiterated what Acting Fire Marshall Wittner said that the building code requirements for local responsibility areas for the high fire hazard severity zones apply to this project. Planning entitlement cannot vest a project to Building Codes and the project will be subject to the Building Code in effect when that application is made. Those requirements for the local responsibility areas are already in effect when we adopted the 2025 Building Code. The Planning Commission did not require story poles. They are not a requirement in our Code or our submittal requirement and we cannot require them as part of the review.

PW Dep. Director Yip stated regarding stormwater potentially constantly flowing even after the storms are over, because the City is full of the hillsides and there is ground water over it, there are certain areas during the summer that constantly have flows. He points back to the magnitude of the amount of water that we are collecting with these storm drains, 3.4 inches per hour. These pipes are full of water at 6-8 inches. If they drive around, some of the storm drains will be full and the gutters are gushing water down the hillside, and that is the kind of storms they are talking.

City Clerk Coffey stated that it is 9:51 PM now and at 10:00 PM, Council will need to consider if the Council will complete the items on the agenda or need to adjust the agenda and/or consider a potential extension of the meeting beyond 11:00 PM.

Mayor Boles asked City Manager Woodhouse that there is another item on the agenda after this and asked if that has to be heard at this meeting or could be pushed to a later date.

City Manager Woodhouse stated that the other item after this relates to their wastewater master plan contract approval to get that work going. There is not any rigid deadline or regulatory deadline related to that but he will point out that their next Council meeting agenda is very highly impacted and, if they were to push that item off, they would need to figure out how to do that.

City Clerk Coffey stated she is bringing that up for potential discussion of completing the agenda but a motion will need to be made before 11:00 PM to extend the meeting beyond 11:00 PM.

Mayor Boles closed the public hearing.

Mayor Boles referred to construction staging and thought that is something that will be submitted as part of the building permit review.

PW Dep. Director Yip stated that, along with a traffic control plan, will need to be reviewed. All the impacts to the right of way will be reviewed by Engineering with an encroachment permit and everything on private property will be done with the building permit.

Mayor Boles asked if we can add a condition of approval that does not allow for construction vehicles to use private driveways.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 27 February 09, 2026
PW Dep. Director Yip stated that we can review that with the traffic control plan and it is already in condition 35.

Vice Mayor Wright asked what kind of impact is this going to have on the roads.

Community Development Director Updegrave stated that there are conditions related to the traffic control plan. The Planning Commission also added a condition requiring a video survey or video documentation of the condition of the right of way and public improvement as documentation that, should damage occur, the owner would be responsible for the repairs.

Vice Mayor Wright asked if there were any impact fees associated with that.

Community Development Director Updegrave stated that there are impact fees for new development.

City Manager Woodhouse believes that there are construction roadway impact fees that was approved by Council a couple of years ago.

PW Dep. Director Yip stated that there is something called a utility cut fee, any time someone opens a trench, they will be required to pay that into our utility cut fees and that is used to resurface streets in the City. In this case, they are going to have to do some sort of tie-ins with their sewer or domestic water into our system; if they have to do a storm drain trench all the way down to Rockaway, there will be significant utility cut fees for that trench.

Vice Mayor Wright stated that those are for cut fees but not for excessive wear and tear due to the weight of the high utility vehicles, other than the video necessitated repairs as a result.

PW Dep. Director Yip stated the utility cut fees are used for resurfacing projects and roadway repair projects. In terms of what the trucks do to the street, if we can verify that they damaged the street, we will ask that some repair be made.

Vice Mayor Wright stated that there are a number of retaining walls on this project and asked how those retaining walls will address the build up of hydrostatic pressure behind them in order to mitigate any potential risk of mudslides, etc.

PW Dep. Director Yip stated that it is standard to have sub drains underneath a retaining wall so it does not build up water pressure. In this case, the Geotech report has a sub drain detail that’s required behind the retaining walls and that will be something they verify during the building permit process in their structural plans to make sure that they do have sub drains on their retaining walls.

Vice Mayor Wright asked how the Housing Crisis Act applies to this project.

Community Development Director Updegrave stated, similar to the Housing Accountability Act, there are provisions within the Housing Crisis Act of 2019 that also apply because of the housing development project because it is two or more units.

Mayor Boles stated she has three geotech questions.

Project geologist John Petroff of Michelucci & Associates and certified engineering geologist Patrick Drum in California introduced themselves.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 28 February 09, 2026
Mayor Boles stated she is reading the report from Michelucci & Associates and note No. 3 says the review of the plan prepared by JC Engineering was December 3, 2018 with the latest revision date of October 16, 2023 were reviewed but she knows there was a later issue. She asked if that was incorrect or have they reviewed a more recent plan.

Mr. Petroff stated that, at the time they were preparing the report, those were the plans made available to them to review and, no, they have not reviewed the latest plans and they expect that it will be part of the process at some point.

Mayor Boles stated that there was another place where it specifically said they had not reviewed the driveway and retaining walls in the report and asked if that was correct.

Mr. Petroff stated that was correct as they have not reviewed any plans formally for the project as of yet.

Mayor Boles mentioned to staff that it seems problematic.

Community Development Director Updegrave stated that we do nott have the construction level drawings and plans at this point so they are still being developed. Part of the building permit review includes additional incorporation of geotechnical recommendations, conditions of approval, and geotechnical review.

PW Dep. Director Yip stated there is a condition No. 17 requiring geotechnical monitoring and investigation during the project. All of the Geotech recommendations in this report does not end there; someone will have to sign off after the building permit plans are reviewed once more and during construction, all the grading, all the drill piers are installed and this geotechnical engineer needs to sign off on everything that is being done.

Mayor Boles understands there is more detail coming but was uncomfortable that major parts had not yet been reviewed. She stated that we sometimes ask for peer review of the geotechnical and she asked if we do that for a resident or is that only for larger projects.

PW Dep. Director Yip stated that we only ask for a third party peer review if there was something that we had a question on its feasibility. He knows this hillside project is very concerning for the residents but it is common. He stated that it can be done, and Engineering would ask only for a third party if we thought it was not feasible. The geotechnical report here is standard in terms of the recommendations to do drill piers on the hillside.

Mayor Boles stated that the Summit Engineering report said that none of the onsite soil could be used for fill and she did not see that in the more recent report. They had concerns about the driveway because those are very different soils than they found on the hillside where the buildings are going.

Mr. Petroff stated they fully intend to review the plans that are still in the development stage now and, once they have a full set of architectural civil and structural plans, they will review them formally. During construction, while excavations are being made and while digging is being done, they commonly look at the soil to see whether or not it can be used. That typically happens during the construction phase of the project.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 29 February 09, 2026
Mayor Boles stated it may be possible, when they are working on the site, some of it is not usable and there will be more export than is currently calculated.

Mr. Petroff stated that was a definite possibility.

Mayor Boles stated that there is deep seated landslides and there are debris flow landslides.

She stated that they referred to some of the USGS reports and a great report done here locally by Howard Donnelly in 1983. he asked if he can reassure them about increased rains and what they have looked at for that and do they see the rest from slip failures above or below this site.

Mr. Drum stated that the site and all the surrounding properties are within a California seismic hazard zone for earthquake-induced landslides. Part of his job was to investigate and explore the possibility of the reflows and landslides of the property. There is a publication by the California Geological Surveys, special publication 117, which gives him a recipe to conduct a screening investigation. In order to do that, you review all the published geology maps, literature on landslides in the area, historic stereopairs of aerial photographs, visit the site, etc. There is plenty of aerial photography that predates the development there. He did not see any evidence of the landslides, the brief flows, etc. on the property or that would impact the property.

Mayor Boles stated it is in an area that is mapped in our General Plan as susceptible to brief flow landslides and, as we know, we are getting more storms with more intensity.

Mr. Drum agreed, adding that there is no zero risk. His report says it is a low probability.

Vice Mayor Wright stated there seems to be a slight discrepancy in the grade calculations between different sources regarding the slope of the lot and he asked if they can explain how they calculated that.

Mr. Drum stated he can only speak for himself. When he measured the slope from top to bottom, that is the average, but inside the average, there can be steeper areas and flatter areas.

Vice Mayor Wright stated, in terms of the soil to keep on site, they want that soil to be able to compact to what ratio.

Mr. Petroff stated typically 90% if it’s on-site soil. Something that is imported, like a base rock they would typically say 95% compaction.

Vice Mayor Wright asked staff to explain the class 3 exemption for CEQA.

Community Development Director Updegrave stated that class 3 exemption is for new construction or conversion of small structures; within Pacifica, it applies to the construction of up to three single family residences and includes accessory structures that are pertinent to a single family residence. ADUs are statutorily exempt.

Chair Hauser added that, at the first Planning Commission hearing, Planning Commission spoke a lot about this question and asked the City Attorney to confirm because it was mapped in all these different zones and does that create unusual circumstances. She thinks part of the fact that the entire neighborhood is built in the zone itself is a parity that is also through our zoning that got rid of the peculiar or unusual circumstances.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 30 February 09, 2026
Vice Mayor Wright thought Conditions 35 through 45 address a lot of the concerns of the people that are being the most impacted by this.

Community Development Director Updegrave stated the conditions added were conditions 41 through 45. The conditions were added to reflect the regulatory requirements and to offer more specifity and assurance of compliance with the general regulations that apply to the project.

Chair Hauser thinks that Planning Commission wanted to make sure the things they were asking for were documented in conditions. Condition No. 45 took two different breaks for Commission to get the language right. Essentially, what it says is that, prior to issuance of any grading permit, the applicant has to enter into an improvement agreement that will require bonds. For example, because of all the slopes here, they did not want there to be a situation where the applicant ran out of money halfway through building a retaining wall. It was important to treat this as a half-acre site and not as a single-family home site for this condition.

Vice Mayor Wright stated what he heard from that is safety first.

Chair Hauser agreed.

City Attorney Kenyon stated that staff and the Commission have done an excellent job in imposing conditions to make sure that this site is safe and to address all of the issues.

Condition No. 45 is a real testament to that as it is not a normal condition for a single-family home development.

Mayor Boles stated that the resolution on packet page 169 is asking Council to specify the appeal point from certain things that we are agreeing to.

Vice Mayor Wright wanted to thank the Planning Commissioners who did a tremendous amount of work on this project over the time.

Councilmember Bier mentioned historically what Pacifica does is come out and say they do not want this kind of a development but they can have this other kind of development. She feels, when a whole neighborhood comes together and continues to have all these concerns, that is up to Council to make sure that their concerns have been rectified before anything else. One thing that bothers her at this meeting is that one of the neighbors learned that there was going to be a red painted curb and parking taken away. She understands that the City does not require story poles but the developer can put them there anyway to work with the neighborhood.

She felt requiring a variance does not stop development, just assures that it fits the neighborhood constraints and the project can be tailored to those realities rather than forcing the neighborhood to absorb the impact.

Councilmember Beckmeyer stated there is not a need for a variance per our zoning. She thinks the conditions of approval are the way in which the Planning Commission and staff sought to address issues. She appreciates the work to correct the driveway renderings and design of the driveway, but in the condition of approval, it says that the applicant and staff will work together to design a more visually appealing driveway. One thing she also heard tonight, with which she agrees, is that it is not clear from the drawing as submitted what the actual impact is going to be for the home at the base on the right hand side of where the driveway going up. It is hard for her to tell what that impact is going to be. She imagines the owners are significantly concerned.

She wonders if there is any way of asking for a drawing. She stated that there does not seem to be room for planting to give barrier or anything.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 31 February 09, 2026
Chair Hauser stated we have to respect that the Fire Marshall has requirements and the question she would have is can it be a 16-foot wide driveway and does it provide an extra foot or so for planting.

Mayor Boles stated that it has to be 18 feet clear which we do not have now.

Chair Hauser thinks, with a Planning Commissioner reviewing this, the whole neighborhood is hills and every single property line almost has retaining walls. Even the neighbor’s driveway is retained. The fences between property lines are on retaining walls for a significant amount of the homes here. She thinks, in the spirit of providing parity, they have to let people use their property. She thinks, in good faith, the applicant should continue to work with Director Updegrave and the Fire Marshall on an even more aesthetically appealing rendering and provide a rendering to the neighbor as a good faith effort.

Vice Mayor Wright reiterated that, at the beginning, the first question he asked was, if the applicant would again speak to the neighbor to move a deep offer that one foot planting.

Hopefully there is room for compromise there, to work together for the benefit of all so everyone can feel comfortable.

Councilmember Espinosa added making sure that the neighbors feel that Council is doing what they are supposed to do and to make sure they are safe. That is important, especially if contractors are going to build above you. She noticed that, before you buy a house, if you have a vacant lot in the back of your house, you have to consider that something might happen there and you have to be careful.

Vice Mayor Wright mentioned dust mitigation plan during construction.

Chair Hauser stated that condition of approval 44 was added at the Planning Commission hearing and addresses dust and the Bay Area Quality Management District requirements.

PW Dep. Director Yip stated that, in condition 44, there is a sign that is required to be placed and the telephone number for people to give the contact about dust complaints and the person shall be responsible for the correct action within 48 hours.

Vice Mayor Wright asked about fencing and waddle holes and erosion control.

PW Dep. Director Yip stated that we can get into that if they are doing work during the winter time. He stated that the straw waddles are mainly for storm water runoff. The fencing will create a perimeter control around the whole area and that is something they will have to do.

Straw waddles are spaced every 15-25 feet depending on how steep the hillside is and that is to prevent erosion of the hillside during rain.

Mayor Boles referred to the appeal claim on packet page 172 stating that the proposed development as set forth on the plan will unreasonably restrict or cut out light and air on the property and on other property in the neighborhood or will hinder or discourage appropriate development and use of the plans and buildings in the neighborhood or impair the value thereof.

She knows staff has refuted their arguments about variances, the driveway, and the setbacks, but she is having trouble with the cutting out light and air without seeing those renderings on the windows on the driveway to understand if the project will restrict or cut out the light. She asked if they can address that outside of the specificity of the variance and retaining walls.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 32 February 09, 2026
Community Development Director Updegrave stated that impact to light and air are not tied to an objective standard.

Mayor Boles concluded that we are completely limited to objective standards.

City Attorney Kenyon agreed, not just the HAA but the fact that this property is under the HAA and the Housing Crisis Act. SB 330 also has restrictions with regard to imposing objective standards. This property is categorically exempt from environmental review which is a vehicle that we tend to use to impose conditions that she hears Council is having concerns with.

Planning Commission has done the best possible job they could with limitations of state law to impose those protections. The one issue that she thinks Council may be able to address is requiring the applicant to submit new renderings. The question for Council is when do they need to submit those renderings.

Vice Mayor Wright asked what is the maximum height of the retaining walls along the building line of the downhill neighbor.

Community Development Director Updegrave stated that the height of the retaining walls is driven by the requirements to provide fire access. That includes things like slope and the ability to bear the required weight as legally required to meet the six conditions for the fire access.

Vice Mayor Wright stated that the applicant earlier stated the heights.

Community Development Director Updegrave stated, on the plans on that side, they are shown as between 2-3 feet, terracing up, but on the downhill part of the flag pole.

Vice Mayor Wright asked what the code is for the minimum base of a window.

Community Development Director Updegrave stated she does not have that information.

Vice Mayor Wright believes it is a minimum of 18 inches.

Mr. Chavarria stated the revised rendering is a duplication of the existing conditions. From the sidewalk to the back of the existing building, the existing grades do not change. They are going to grade it to create a base that the fire trucks need and put a curve on the side. The only area where the retaining wall becomes a retaining wall that is going from 18 inches to 4 feet is at the very rear corner of the property, way beyond existing building. If you look at the existing photograph, that is your driveway there and that is the relationship from the windows to the driving surface. That is what they tried to represent with that other rendering that they presented there. In front of the building, there is no retaining walls.

Vice Mayor Wright asked if that was the recollection when Chair Huser went to the site.

Chair Hauser thinks that, if we keep the condition as worded, they give a lot of discretion to Director Updegrave and the Fire Marshall. As mentioned by City Attorney, Planning Commission put these conditions on this project that are not single family conditions. The applicant was very amendable and collaborative in taking them. She is making an assumption that the applicant will continue to be collaborative with the City and, if the downslope retaining walls get smaller, the upslope retaining walls get bigger. She thinks, if they tell staff what they want to see, they can continue to craft something that will be better.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 33 February 09, 2026
Vice Mayor Wright stated that the direction she is looking for is what is our interpretation of what the community would prefer to see there, particularly the downhill neighbor.

Chair Hauser would be interested to hear what Councilmember Bier who talked to the neighbors heard because that is a more recent conversation and she thought that would be very important.

Councilmember Bier stated that Council all talked with them about storm water drainage, fear around construction, driveways being blocked, and the main driveway rendering, all of which revolve around the safety of the neighborhood.

Mayor Boles stated she spent time with the neighbors and she was showing them why the rendering was wrong and walking them through the grading plan and the heights of the retaining walls. She referred to the City Attorney saying Council could ask for submittal of new renderings, and she asked how that relates to this process.

City Attorney Kenyon stated we can ask for the renderings but for what purpose. Under the Housing Crisis Act, there is a limit to the number of meetings that e can continue to have. As Director Updegrave made clear, there are some limitations on what kind of conditions we can impose. If they are not objective, then we canont impose those. She was thinking, if we want additional renderings to give the neighbors a better idea of what will be built, we can make that a condition of approval. However, if it is about safety, the renderings will not give any more assurance regarding safety. For the safety, we need to look at the actual plan, as renderings do not tell you how that project is going to be built and exactly where it is going to be built. It is designed to give the community and Council a better idea of what it will look like but not designed to assure that the construction is built to certain specific designs. We have to think about what we want to use the renderings for. She stated, based on the concerns about the neighbors not knowing what is going to be built there, maybe Council would want to ask the applicant to provide more accurate renderings, but there is nothing that Council will be able to do with those renderings.

Mayor Boles thought it would be helpful regarding the fence design in relation to the windows.

City Attorney Kenyon stated it would help the neighbors to understand where the fence design is going to be but you cannot impose additional conditions after the rendering unless continuing to another meeting, but they have restrictions on the number of meetings.

Mayor Boles asked how many meetings we are up to.

Community Development Director Updegrave stated that this is the third meeting so there could be two more.

Vice Mayor Wright asked if it was Dep. Director Yip’s understanding that they are going to capture all that root water load and put it in the drainage system.

PW Dep. Director Yip agreed, stating that is how it has to be designed.

Vice Mayor Wright thought they will be taking some of the rainfall that would have fallen on the dirt and put it in the storm drain for the 3,000 square feet of building that they are doing.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 34 February 09, 2026
PW Dep. Director Yip agreed, as all of the additional runoff that caused from the new building has to be captured inside of their storm drain detention system and held there. It cannot be released until the storms are over.

Vice Mayor Wright asked, in terms of the driveway load, if that is what is getting moved to the storm drain.

PW Dep. Director Yip stated that level of detail will have to be reviewed during the building permit phase. In terms of a feasibility standpoint, it can be done. Under drainage law, they are allowed, wherever the water was going before, to continue to do that at the same slow rate, but they cannot increase flow rate on the site. On that particular area where it was draining towards Bay View, there were draining a certain flow rate and they can continue doing that. How that is split up will be reviewed during the building permit in that level of detail.

Mayor Boles asked, in terms of the parking space lost due to a red curb, if that should be noticed to the neighbors. It is a loss to the neighborhood that has limited street parking.

City Attorney Kenyon stated that the red curbing would not be a condition of approval. The City has the ability to red curb and it would not be the applicant’s responsibility as it is not on their property and you cannot impose conditions that is not on their property. Red curbing determination is within the City’s discretion, not the applicant. She stated it is under Council’s discretion and they will get a recommendation from the City Engineer generally and staff who will determine why they have a rationale for the red curbing. They heard it from the Fire Marshall and it will be a determination that staff makes. She asked Dep. Director Yip about how those red curbs are approved.

PW Dep. Director Yip stated that the red curbs are requested through the Engineering Division and it is discretionary, based on the City Engineer, on whether or not they will approve that, based on the request. It depends on what the need is. They have not done noticing.

City Attorney Kenyon stated that Council could request that the neighbors be notified.

Vice Mayor Wright asked if the picture on packet page 387 is the section we are talking about.

Community Development Director Updegrave stated that the image on packet page 387 is a photograph where the fire access will be located.

Councilmember Beckmeyer stated that is where the driveway is going to be.

Mayor Boles stated that the problem is that none of this shows on any of the drawings and we do not know where the driveway is, how wide that section is, if another part of the curb further down the street outside of the driveway is affected, etc. She would personally like to see that come back to Council and see the renderings too. She stated that we do not know the full impact of this project as all the engineering drawings just show a line as a curb all the way and does not show any of the driveways except the roads where Calera Terra.

City Clerk Coffey stated it is 10:48 PM and we will need a motion to continue beyond 11:00.

Mayor Boles stated she has a bunch of COAs and some new ones she wants to write too. She wonders if we should continue the meeting and ask for these things and go on to our next item and give direction on that.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 35 February 09, 2026
Councilmember Bier expressed frustration for not doing anything for her community thus ar and does not think it is fair to try to do another thing tonight.

Mayor Boles asked if it was an option to continue this item.

City Attorney Kenyon stated that we can continue it but we would need to make it clear what the direction is for the applicant to return with. That will require deliberation and a motion to continue the meeting and describe why we are continuing the meeting and what are we waiting to receive from the applicant.

Mayor Boles stated that we can call out to a particular plan, the site plan, or grading plan, that shows the road and the neighbors’ driveway across the street and overlays the turning radius so they know the impact to the other side of the street.

Community Development Director Updegrave stated that we need to be careful about the level of technical information that we are requiring for a planning entitlement.

Mayor Boles stated that Fire will do their own review and Council wants to see the site plan with the impact to the driveways and the parking spot.

City Attorney Kenyon asked if she was talking about renderings.

Mayor Boles stated that renderings are a different thing but she would like to see them updated too. In terms of the plan, it is just the site plan that adds the driveways so we can see the overlap and understand the impact to the neighborhood in terms of the parking.

City Attorney Kenyon stated that the renderings would not be an issue but she is not clear on what Council wants. She thinks Director Updegrave would like more clarity on exactly what is missing from the site plan that Council would like the applicant to submit.

Councilmember Beckmeyer moved to extend the meeting to 11:30; seconded by Mayor Boles.

EXTEND MEETING TO 11:30 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Christine Boles, Mayor
AYES: Boles, Wright, Beckmeyer, Bier, Espinosa
Mayor Boles referred to packet page 314. She referred to Bay View Road and stated they show the driveway for existing house at 125 and the other one on either side of the new driveway but not the driveway for the houses across the street. They don’t fully understand where the turning radius will impact those properties and the existing parking. She stated that it is a matter of adding the driveways across the street.

City Attorney Kenyon wants to make it clear for what purpose, i.e. Council wants to know what they are going to construct or because Council thinks, by getting the additional site plans they will be able to impose additional conditions which must be objective standards, not other issues.

She thinks it is important that Council understands that, if they are continuing the meeting for the ability to impose additional conditions, that is going to be difficult if the conditions are not

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 36 February 09, 2026
objective standards. She asked what they are hoping to achieve. She does not have an issue with the renderings but with asking for site plans. They can ask for the renderings and still take action on the project tonight.

Mayor Boles stated that they cannot act tonight because they are out of time and she has a bunch of conditions of approval that she wants to add.

City Attorney Kenyon stated that she is concerned about the delay, not just the meeting requirement. We have continued this item many times. There needs to be a reason why Council is continuing it and what we expect to receive when it comes back.

Vice Mayor Wright stated that the renderings will speak directly to the feasibility of the turning radius for the fire trucks which is whether the project would be able to be built in the first place.

That is what their concern is and they want to protect the City from potentially moving something forward that is later going to be restricted by a more in-depth analysis by the Fire Department.

City Attorney Kenyon stated that normally they do not submit those detailed plans until they are seeking an application for their permit. She needs Council to understand that this is not the same type of discretionary review that they have with development applications.

Mayor Boles thinks it is important for Council to understand the impact to the neighborhood and to communicate those impacts to the neighbors who are very angry and upset. This is something completely new that has not been addressed in the staff report and they do not completely understand the impacts.

Councilmember Beckmeyer thought we need to trust the Fire Marshall’s good judgement and, in terms of the neighborhood, it would be useful for them to be able to have a picture of what that professional decision will result in. She is wondering if they can add one condition of approval, i.e., a new rendering is done and it satisfies us and she thinks it’s for the neighborhood to be able to have access to. She does not expect them to change that decision as it seems to her that decision has been made.

City Manager Woodhouse stated that Fire Marshall Wittner mentioned that the red curbing is very short; the driveway adjacent to that is a very long and skinny driveway running in the opposite direction.

Mayor Boles stated that she is saying it might be more than that red curb and how does one project get to impact multiple parking areas.

City Attorney Kenyon stated new state laws that have limited local control. She understands the frustration. However, state laws have limited Council’s ability to use their discretion in projects just like this. If they are going to continue the meeting to ask for additional plans, to impose additional conditions potentially, those conditions can only be addressing objective standards.

Vice Mayor Wright asked if they can continue it as they feel like they need to talk more.

City Attorney Kenyon stated no, adding that there has to be a reason for the continuance that is reasonable and is not for the purpose of delay. She understands that is not Council’s intent but what she is concerned about is the Council believing that, in this process, by getting additional materials, Council will be able to impose additional conditions that go beyond objective standards. She wants to manage their expectations on what they can do in that next meeting.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 37 February 09, 2026
Vice Mayor Wright would like a condition of approval in the talk to the neighbor about giving that little blending strip and move that driveway uphill a foot.

Councilmember Beckmeyer would like to see renderings with a better picture of what the driveway is going to look like.

Mayor Boles stated that there are things in the resolution that are wrong and there are things in the COAs. She does not know how long it is going to be. She stated that, at some point, they are exhausted and she asked if they have to go and finish.

City Attorney Kenyon stated she is trying to manage their expectations.

Mayor Boles stated she hears her and concluded that they cannot ask for that drawing, but they can ask for the renderings and come back and finish their deliberation.

City Attorney Kenyon stated, if they are just asking for renderings and want to continue the meeting because of the hour, and they understand that the restrictions that they are talking about here are still going to apply in the next meeting, then that is fine. She wants Council to understand that there are major restrictions on their ability to impose additional conditions that are not objective standards. She thinks that, when the item comes back, they are going to be facing the same type of questions without the ability to do much more than they can do at this meeting, other than ask for new renderings.

Mayor Boles stated she can try to go through the things she has seen and the conditions she would like to add.

City Attorney Kenyon stated, if she has conditions that she would like to see changes to, they should go through that. Her recommendation would be to use the time that they have left to finish this item, however they are going to.

Mayor Boles stated that they heard the City Manager say that it is important to get that next item as that may not fit on an agenda any time soon.

City Attorney Kenyon stated that they may need to schedule a special meeting. She understands that the next item is important and what she is concerned about is delaying a decision on this project because that could lead to other exposure and other liability. She thinks, unfortunately, they are both important and her recommendation is to try to finish this item at least through 11:30 PM.

Mayor Boles referred to packet page 189, and the resolution at the top of that page talks about the arborist report, and it says the recommendations in the arborist report have been reviewed and approved by the city arborist. The point she made earlier is that the plans have changed and other trees are affected that are not properly reviewed in the arborist report and she is not comfortable with this language in this resolution.

Vice Mayor Wright stated that the contention is that the magnolia was not properly considered when they widened the driveway.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 38 February 09, 2026
Community Development Director Updegrave believes that was one of the conditions of approval that Council had been giving direction on earlier in the evening to add language about tree No. 1 to the condition.

Mayor Boles stated not just that but it needs to be reviewed by the arborist.

City Attorney Kenyon asked Director Updegrave if she was in agreement with the Mayor that they need to change that language because it is not accurate.

Community Development Director Updegrave believes it can be corrected by the condition of approval.

City Attorney Kenyon asked if it is incorrect in the resolution.

Community Development Director Updegrave stated that the recommendations in the report were reviewed and approved by the city arborist and that is a true statement. She stated that the statement itself is accurate.

Mayor Boles stated that it also says it recommends a tree protection plan for all trees and the tree protection plan does not work because the driveway is in the way of where they put the tree protection.

Vice Mayor Wright asked if we can condition it that they have an arborist approved plan to address tree No. 1.

City Attorney Kenyon stated that we can add that as a condition.

Vice Mayor Wright would be in favor of that condition.

Mayor Boles asked if he is okay with the language in the resolution.

City Attorney Kenyon stated that, according to Director Updegrave, that is still an accurate statement. She thinks she is saying that it may be accurate but an additional arborist report is needed. Council can impose that as a condition of approval.

Community Development Director Updegrave stated, based on what Council was discussing before, a condition could be prior to the issuance of grading and building permit, the impact of access roadway and other improvements on tree No. 1 shall be analyzed by a qualified arborist.

Tree 4 shall include specific protection measures or, if preservation is not possible, recommended appropriate replacement species to be planted at a 2-1 ratio.

Mayor Boles stated that there is still the issue of the neighbors and the easement because they say they cannot touch that tree. She stated that is a separate thing for the applicant. She stated that is another condition of approval to go back to the neighbors to revise the easement for both Lot 6 and Lot 13 to correctly reflect the work that is being done in the easements.

City Attorney Kenyon stated that we do not know that the easement is going to be impacted.

That is an issue between two private parties so not an issue for Council. We do not have control over that contractual relationship and we cannot impose a condition that forces the applicant to do something that he is unable to do because he does not have a willing party.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 39 February 09, 2026
That would effectively deny the project. We cannot impose requirements regarding negotiations on an easement that we are not a party to.

Mayor Boles added even though the owners in the public record agreed to talk to the neighbors and work on those issues.

Vice Mayor Wright stated he will take the owners at their words that they will talk to them.

City Attorney Kenyon thinks they are going to discuss it with them and she thinks, if the applicant has no issues with that, they can mention it tonight and, if they do not object, it will be fine. She is just telling them that it is a private party dispute.

Mayor Boles stated that we can add the condition about the arborist, including the drain and the swale. She wanted to talk about the trees but she does not see anything on the plan for the replacement trees, and at the bottom of packet page 190, it talks about the site plan and the setbacks. They have a few trees in a couple of spots and nothing on the southern part of the site. The neighbor to the right is also complaining about the large tree that is being removed.

There are no large trees being planted on the right to screen the property from his home.

Community Development Director Updegrave stated that there is a condition of approval related to the replacement trees. The conditions of approval get printed on the plans and are enforced at the building permit. She believes the landscape plan shows eight large broad leaf trees and seven small broad leave trees throughout the site in various locations. Any replacement trees would be shown on the final. The final landscape plan is also going to be reviewed by the Fire Department for dispensable space.

Mayor Boles asked if how many trees are being removed now that need to be replanted at 2-1.

Community Development Director Updegrave stated that it is just the protected tree that need to be replanted at 2-1 subject to the tree ordinance.

Mayor Boles stated on packet page 195, COA 7 talks about two Monterey pines being removed.

Community Development Director Updegrave believes the second is 10 inches and is dead, according to the arborist report.

Mayor Boles stated that this COA talks about the locations of the four replacement Monterey pines so does the COA need to be revised to reflect the right number of trees.

Community Development Director Updegrave stated that we can reduce it if that is what Council would like to do.

Mayor Boles stated that it conflicts with the prior document. She stated this says the four replacement trees shall be planted south of the proposed residence and serves to screen development from downhill residential properties along Rockaway Beach. That is where they have all the retaining walls really close to the property line.

Community Development Director Updegrave does not think the conditions say they have to be on the property line. These are details that need to be reviewed with the final tree planting and landscaping plan.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 40 February 09, 2026
Mayor Boles stated that condition 9 is where we are going to add the other language about the other trees.

Community Development Director Updegrave stated we can add language to condition No. 9.

Mayor Boles referred to packet page 197, condition 20, and suggested striking the incorrect language about the 100-year event. She asked if the 100-year event is correct.

PW Dep. Director Yip stated that is his understanding of what a 100-year event is. Some of these conditions may not have been written by him as this project has been going on for quite some time.

Mayor Boles stated that she found the definition: A 100-year storm is different than 100-year event and is a rainfall event with a 1% chance or 1 in 100 probability of occurring in any given year. She stated that it is not the same as it might happen every 100 years. There is always a chance in any year that it could happen.

PW Dep. Director Yip stated that we can go ahead and remove the parentheses.

Mayor Boles appreciated page 199 calls for adding to the survey existing fences and structures on adjacent properties within 10 feet of the property lines. She thinks it is important to be sure they understand all the project impacts, especially because this one has a retaining wall next to it, and they are being reviewed so they are not impacting existing structures. They also add on a lot of projects on steep hills of no grubbing or tree removal before granting a building permit.

Chair Hauser asked if that can also be a trigger for the improvement agreement in 45 which should also be in place before grubbing.

Mayor Boles and Vice Mayor Wright agreed.

Councilmember Beckmeyer asked if it needs to be worded differently or does the one Mayor Boles is adding reference condition COA 45.

Chair Hauser defers to staff on it but, in her opinion, something as simple as no grubbing or tree removal prior to granting of a grading permit or recordation of subdivision agreement as specified in condition 45 encompasses the whole thing.

Mayor Boles asked where did they say there is something about not allowing a neighbor driveway for construction vehicles. While they are looking for that item, she has a question for Dep. Director Yip. He mentioned hoping that they do their grading in the dry season but do they not have a grading moratorium in the rainy season.

PW Dep. Director Yip stated he looked up their erosion control plans and there is a Note No. 7 that their grading activities are to be done during the dry season.

Community Development Director Updegrave stated the traffic control plan is where engineering reviews past travel, travel to and from the site, and is condition No. 35.

Mayor Boles asked if we can add prohibiting them from turning on neighbor driveways.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 41 February 09, 2026
PW Dep. Director Yip stated it is in the condition that this will be reviewed with the traffic control plan and they have to know their starting and returning to the City’s designated truck route.

Vice Mayor Wright moved to extend the meeting to 11:45 p.m.; seconded by Councilmember Beckmeyer.

EXTEND MEETING TO 11:45 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Wright, Vice Mayor
SECONDER: Sue Beckmeyer, Councilmember
AYES: Boles, Wright, Beckmeyer, Bier, Espinosa
PW Dep. Director Yip stated, in their review of traffic control plans, they do not direct trucks to go onto private property to make their movements. It is not something they will approve on the traffic control plan. He does not think it needs to be explicitly stated.

Mayor Boles knows it is not approved but she fears that they will use it that way. There might be times when a truck is not necessarily driving up the driveway but it might drop off a load and then there is no place on the road within the turnaround.

PW Dep. Director Yip stated this is a question about enforcement after they have received their permit. However we condition some of these things, it is about enforcement and what they are allowed to do under their permitting.

Mayor Boles wants to talk about the storm drain in the street.

Community Development Director Updegrave stated staff has prepared a condition of approval.

She read, “prior to the issuance of building permit, the applicant shall feel verified with location and functionality of the existing storm drain system indicated on the civil plans. If the existing storm drain cannot be located or confirmed as functional, the applicant shall design and install a new storm drain line connecting to the public storm drain system on Rockaway Beach Avenue to the satisfaction of the city engineer.”
Mayor Boles asked if the satisfaction of City Engineer include verifying the capacity of the storm drain on Rockaway Beach Avenue that it can take additional storm water.

PW Dep. Director Yip is not aware of any flooding issues at that location. Whatever the flow rate is now, we are assuming that it can handle the flow but they can only discharge at that same flow rate and that is what they will have to do. They have a 24-inch pipe holding water on site.

Most of these smaller storm drains for these residential areas are 6-8 inches in diameter. They have a 24-inch line holding the water until the storm passes.

Mayor Boles appreciated that. She referred to the 18-foot clear driveway width.

Community Development Director Updegrave stated that is already part of the Fire review.

Mayor Boles stated that is all she has. She thanked them all for their patience with her.

Councilmember Beckmeyer added the renderings.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 42 February 09, 2026
City Attorney Kenyon asked if there are any other conditions of approval that Council would like to add besides what they heard from the Mayor and Vice Mayor other than the renderings.

Councilmember Beckmeyer agreed the renderings and asked if it needs to be specified to inform the neighborhood.

Community Development Director Updegrave stated she would like clarification on that. The condition would be, prior to the issuance of grading and building permit, the applicant shall provide revised rendering of the refined driveway design that includes the windows at 125 Bay View to the property owners and residents and where Council wants to do that, whether a radius or adjoining properties and provide receipt of certified mail.

Councilmember Beckmeyer stated it is not just adjacent property but across the street too. It is a defined area.

Vice Mayor Wright asked what is the grade separation treatment with the downhill neighbor where it shows a fence on the rendering. He asked if we have clarity on that. He stated you are allowed to not have something at 24 inches in case you fall off so you do not get hurt.

Community Development Director Updegrave stated that guardrails are regulated by the Building Code and that is something that will be determined during plan check.

Vice Mayor Wright concluded it is not for consideration.

City Attorney Kenyon stated he was correct.

Mayor Boles thought that will be true for these tall retaining walls that are close to property lines.

Councilmember Bier stated, to be clear, we cannot condition story poles.

Community Development Director Updegrave said she was correct.

Vice Mayor Wright added that we can change that rule.

City Attorney Kenyon stated, if there are no other conditions that Council would like to add, we would need to bring this resolution back to Council for their review. She is assuming that there will be a motion to continue this meeting, directing staff to bring back the resolution denying the appeal and with revised conditions of approval as directed by Council.

Community Development Director Updegrave stated that we could read them into the record.

Mayor Boles thought it would be good to see it in writing because it is so late and we talked about so much today. She would rather have them come back to them in writing.

City Attorney Kenyon stated that it is going to be another public hearing.

Mayor Boles asked if we can continue the meeting and not necessarily have public comments.

City Attorney Kenyon stated that we continue it to a date certain and close public hearing and are continuing this item, then we would pick it up where they are now, but we have to continue it to a date certain.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 43 February 09, 2026
Mayor Boles asked City Manager if we can do that.

City Manager Woodhouse would have staff build the next meeting agenda around including that. He stated that it will be another long meeting or we will postpone other important decisions.

Vice Mayor Wright asked what substantive information will we gain between now and then.

Mayor Boles stated we will be able to look at the conditions of approval that we have changed with fresh eyes.

City Attorney Kenyon stated, if that is the desire of Council, then her recommendation would be that Council would like to amend the resolution of the City Council of the City of Pacifica, denying the appeal of the Planning Commission’s decision and approving the site development permit and tree removal permit, subject to conditions of approval which will be revised and brought back to the Council for final approval at the February 23 City Council meeting.

Vice Mayor Wright so moved; seconded by Councilmember Beckmeyer.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Greg Wright, Vice Mayor
SECONDER: Sue Beckmeyer, Councilmember
AYES: Boles, Wright, Beckmeyer, Bier, Espinosa

CONSIDERATION

10. Resolution Authorizing Master Agreement for Consultant Services and Task Order No. 1 with Woodard Curran for Consulting Services for the Wastewater Facilities Master Plan Project
PROPOSED ACTION: Adopt a Resolution approving a Master Agreement for Consultant Services and Task Order No. 1 with Woodard and Curran for consulting services in the amount of $699,142 for the Wastewater Facilities Master Plan Project; Approve budget authority in the amount of $769,057 which includes 10% contingency in the amount of $69,915; and Authorize the City Manager to execute all documents related to the project.

The City Council continued Item #10 to the next meeting on February 23, 2026.

COUNCIL COMMUNICATIONS – NONE.

STAFF COMMUNICATIONS – NONE.

ADJOURN
Mayor Boles adjourned the meeting at 11:41 p.m.

Transcribed by Barbara Medina, Public Meeting Stenographer.

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes) City Council Regular Meeting 44 February 09, 2026
Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Christine Boles, Mayor

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Attachment: Attachment A: Minutes of 2-9-2026 City Council Special & Regular Meeting (6176 : Approval of Minutes)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/13/2026
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:
• The January 22, 2016 storm caused a failure of the Beach Blvd. seawall near Santa Maria Avenue, which has been repaired.
• The January 22, 2016 storm also caused the undermining of an eight-foot diameter storm drain outfall and concrete headwall for the discharge of Milagra Creek into the Pacific Ocean near 700 Palmetto Avenue from the. The project was completed on April 24, 2023.
• During the 2016-2018 storms, the 300 & 400 blocks of Esplanade Avenue experienced episodic bluff erosion. The bluff erosion has progressed to a point where the erosion is now threatening public infrastructure and utilities.
• On December 16, 2020, a failure of the Beach Blvd. seawall near Santa Rosa Avenue and the Pier created a large void (approx. 25’ w x 25’ l ). The repairs were completed by February 22, 2021.
• On December 29, 2020, another void ( approx. 10’ w x 15’ l) around 150-200 feet north of the intersection of Beach Blvd. and Santa Rosa Avenue. The repairs were completed by February 2021.
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April 13, 2026
• 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. The railing repair 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 rails, 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. A rough order of magnitude of up to $20 million for the repairs is and design and permitting. The structural engineers recommended limiting public access on the pier to approximately half of the main pier deck until repairs to the more severely damaged areas.
• In November of 2023, a failure behind the seawall was discovered at the intersection of Beach Blvd. and Salada Ave. A void (approx. 2’-7’ w x 40’ l) was found behind the seawall and was repaired with concrete and cement slurry. The repairs were completed by the end of December 2023.
• On December 29, 2023, another failure (approx. 300 sf) behind the seawall was discovered at Beach Blvd. and San Jose Ave. and was temporarily plugged. The repairs were completed by January 10, 2024. 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 March of 2024, City staff received an Emergency Coastal Development Permit (ECDP) from the California Coastal Commission (CCC) for removal of the substantial sand deposits left on Beach Boulevard Promenade and southern rock revetment as well as for the repair of the damage to the Milagra outfall. Repairing the outfall and removal of the sand on the Beach Boulevard Promenade and removal of the sand from the southern Beach Boulevard Rock Revetment was completed by mid-May of 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. • On November 13th, 2025, two sink holes (approx. 3’ w x 16’ l and 8’ w x 10’ l) were discovered behind the seawall on Beach Blvd and between Santa Maria Avenue and San Jose Avenue. Another sink hole (approx. 12’ w x 16’ l) was discovered behind the seawall near Chit Chat Cafe while making repairs to the first 2 sink holes. All sinkholes were repaired through an emergency contractor by December 16, 2025. Revetment 300' south of the Chit Chat Cafe had moved and left the seawall exposed. The restacking of the revetment was performed by an emergency contractor by February 9th, 2026.

The City Council first ratified this proclamation (Attachment A) 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 3 Packet Pg. 61
Pacifica City Council 3
April 13, 2026
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 March 9, 2026 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)
3 Packet Pg. 62
"ATTACHMENT 1"

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Attachment: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (6183 : Continuation of "ATTACHMENT 1"

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Attachment: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (6183 : Continuation of

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/13/2026
1 SUBJECT:

Continuation of Proclamation of a Local Emergency at the Sewer Mains Crossing Calera Creek in the Vallemar Neighborhood
RECOMMENDED ACTION:

Accept report and make a determination that conditions of local emergency continue to exist at the Sewer Mains Crossing Calera Creek in the Vallemar Neighborhood.

STAFF CONTACT:

Dan Patten, P.E., Interim Deputy Director of Public Works – Wastewater Division (650) 738-4660
[email protected]
Melissa Tigbao, P.E., Director of Public Works
(650) 501-6016
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

On August 6, 2025, Public Works Wastewater Division staff received a call from a resident observing a crack on the 6-inch sewer main crossing Calera Creek near the intersection of Oneonta Avenue and Minerva Avenue. Public Works Wastewater Division staff responded to the notification and inspected the sewer main and discovered evidence of corrosion on the sewer main. Staff also conducted a temporary repair. The temporary repair is inadequate for the long term, and the cracked sewer main requires immediate repair to prevent potential sanitary Sewer Spills and threaten the safety of persons and property, including polluting the Calera Creek watershed.

On August 20, 2025, the Director of Emergency Services proclaimed the existence of a local emergency at the sewer mains crossing Calera Creek in the Vallemar Neighborhood near the intersection of Oneonta Avenue and Minerva Avenue due to corroded conditions and potential collapse of the 6-inch sewer main crossing Calera Creek (Attachment 1). Since this date, the Director of Emergency Services has proclaimed the existence of these emergencies as described below:
• There is a potential for leakage during wet weather flows. The potential for sewer main failures and resulting sanitary sewer spills threatens the creek. • Sewer mains cross Calera Creek in three locations in the Vallemar neighborhood. These sewer mains have been identified as health and safety of persons and property, including critical public infrastructure for replacement as part of the Vallemar and Rockaway Beach Boulevard 4 Packet Pg. 65
Pacifica City Council 2
April 13, 2026
Areas Sewer and Rehabilitation and Repair Project. The design of this project (approved by Council August 26, 2024) is in progress. The City is fast-tracking the creek crossings portion of the project, and construction documents are underway.
• The creek crossing near Oneonta Avenue and Minerva Avenues has deteriorated further since inspection earlier this year, and there is a risk that the other creek crossings in the neighborhood are deteriorating further and may result in sanitary sewer spills.

The City Council first ratified this proclamation (Attachment 2) at its regular meeting of August 25, 2025. Since that date, staff have been expeditiously working towards a permanent repair solution.
• Design documents were completed in September, staff issued 100% plans for informal bidding in October and received two bids, and selected the apparent low bidder, Ranger Pipelines.
• Staff have finalized contract documents and scheduled a pre-construction meeting on November 13, 2025.
• Staff issued a Notice to Proceed on December 1, 2025. • Contractor mobilized, completed stormwater Best Management Practices and tree protection work in the Vallemar neighborhood.
• Contractor installed new sewer mains, manholes and the three creek crossings between December 2025 and early March 2026.
• The project is substantially complete, as of March 18, 2026. • The City is working with the contractor to complete punch-list items.

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 at the sewer mains crossing Calera Creek in the Vallemar Neighborhood near the intersection of Oneonta Avenue and Minerva Avenue still exist since the City Council first acted to declare a local emergency on August 25, 2025. Staff will bring up the continuance of Proclamation every 30 days, with March 9, 2026, being the most recent.

The City Manager recommends that the City Council make a determination that the conditions of local emergency continue to exist at the sewer mains crossing Calera Creek in the Vallemar Neighborhood near the intersection of Oneonta Avenue and Minerva Avenue.

ALTERNATIVE ACTION:

Council may choose not to adopt the Proclamation Confirming Existence of Local Emergency at the sewer mains crossing Calera Creek in the Vallemar neighborhood; however, this is not 4 Packet Pg. 66
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April 13, 2026
recommended. Delaying the work increases the risk of Sanitary Sewer Spills into Calera Creek and may cause health and safety issues to persons and property, including critical public infrastructure.

FISCAL IMPACT:

There are no fiscal impacts associated with the emergency proclaimed.

ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:

Attachment 1 - PROCLAMATION OF LOCAL EMERGENCY at Calera Creek Oneonta - Minerva (PDF)
Attachment 2 - ResolutionNo74-2025_RatifyingProclamationLocalEmergency_SewerMainVallemar_EXECUTED (PDF) 4 Packet Pg. 67

CITY OF PACIFICA
170 Santa Maria Avenue • Pacifica, California 94044-2506 www.cityofpacifica.org
MAYOR
Sue Beckmeyer

MAYOR PRO
TEM
Christine Boles

COUNCIL
Mary Bier
Mayra Espinosa
Greg Wright
Scenic Pacifica
Incorporated Nov. 22, 1957

PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council at the earliest possible time; and WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Wednesday, August 6, 2025, Public Works Wastewater Division received a notification from the public regarding observation of a crack on the 6-inch sewer main crossing the Calera Creek near the intersection of Oneonta Avenue and Minerva Avenue in Vallemar neighborhood; and WHEREAS, Public Works Wastewater Division staff responded to the notification and inspected the sewer main and discovered evidence of corrosion, which caused a crack that was dripping; and WHEREAS, Staff made a temporary repair that would help to prevent complete failure of the sewer main by wrapping pipe repair tape; and
WHEREAS, the temporary repair is inadequate for the long term, and the cracked sewer main requires a more extensive immediate repair to prevent potential sanitary Sewer Spills and threatens the safety of persons and property, including polluting the Calera Creek watershed; and WHEREAS, such conditions are or are likely to be beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair; and
WHEREAS, the City provides this written notification to the San Mateo County and State CalEMA’s Regional and Headquarter offices of a proclamation of local emergency; and WHEREAS, such proclamation shall be subject to confirmation by the Pacifica City Council at the earliest possible time.

NOW, THEREFORE, BE IT PROCLAIMED that, in accordance with State Law and the City of Pacifica Municipal Code, the Director of Emergency Services proclaims the existence of a local emergency at the sewer main crossing the Calera Creek near the intersection of Oneonta Avenue and Minerva Avenue in the Vallemar neighborhood.

DATED: August 20, 2025
By:
_____________________________
Kevin Woodhouse
Director of Emergency Services

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Attachment: Attachment 1 - PROCLAMATION OF LOCAL EMERGENCY at Calera Creek Oneonta - Minerva (6182 : Continuation of Proclamation RESOLUTION NO. 74-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

RATIFYING THE PROCLAMATION CONFIRMING EXISTENCE OF LOCAL EMERGENCY AT

THE SEWER MAINS CROSSING CALERA CREEK IN THE VALLEMAR NEIGHBORHOOD WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code (“PMC”) designates the City Manager as the Director of Emergency Services; and WHEREAS, Government Code section 8630 and PMC section 4-2.05(a) empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by an emergency, subject to ratification by the City Council; and
WHEREAS, Section 4-2.02 of the PMC defines “emergency” as the “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as earthquake, hazardous materials, plane crash, landslide, tsunami, epidemic, flood, riot, fire, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat”; and
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council; and WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and
WHEREAS, on August 5, 2025, the Department of Public Works Wastewater Division staff, observed a crack in the six-inch sewer main crossing Calera Creek between Oneonta Avenue and Reina del Mar Avenue; and
WHEREAS, failures of corroded sewer mains would create a hazardous condition including potential Sanitary Sewer Spills and threaten the safety of persons and property, including critical public infrastructure; and
WHEREAS, the City Manager has determined that the damaged sewer main threatens the health and safety of persons and properties, including critical public infrastructure, and requires immediate attention and repair and as such constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code section 1102; and WHEREAS, such conditions are or are likely to be beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contract, pursuant to Public Contract Code 22050; and WHEREAS, on August 20, 2025, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the 6-inch sewer main crossing Calera Creek near the intersection of Oneonta Avenue and Minerva

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Attachment: Attachment 2 - ResolutionNo74-2025_RatifyingProclamationLocalEmergency_SewerMain-Vallemar_EXECUTED (6182 :

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Attachment: Attachment 2 - ResolutionNo74-2025_RatifyingProclamationLocalEmergency_SewerMain-Vallemar_EXECUTED (6182 :

RESOLUTION NO. 74-2025

ATTACHMENT A

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Attachment: Attachment 2 - ResolutionNo74-2025_RatifyingProclamationLocalEmergency_SewerMain-Vallemar_EXECUTED (6182 :

CITY OF PACIFICA
170 Santa Maria Avenue • Pacifica, California 94044-2506 www.cityofpacifica.org
MAYOR
Sue Beckmeyer

MAYOR PRO
TEM
Christine Boles

COUNCIL
Mary Bier
Mayra Espinosa
Greg Wright
Scenic Pacifica
Incorporated Nov. 22, 1957

DATED: August 20, 2025
By:
_____________________________
Kevin Woodhouse
Director of Emergency Services

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Attachment: Attachment 2 - ResolutionNo74-2025_RatifyingProclamationLocalEmergency_SewerMain-Vallemar_EXECUTED (6182 :

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/13/2026
1 SUBJECT:

Adoption of the Amended and Restated Joint Exercise of Powers Agreement for the Municipal Pooling Authority and Appointing Members to the Board of Directors.

RECOMMENDED ACTION:

Adopt a Resolution:
1) Approving the Amended and Restated Joint Exercise of Powers Agreement for the Municipal Pooling Authority for providing Property, Workers' Compensation, Public Liability, and other insurance coverages, and authorizing the City Manager to execute the Agreement; and
2) Appointing the Primary and Alternate Members to the Board of Directors for Municipal Pooling Authority of Northern California.

STAFF CONTACT:

Zach Harris, Human Resources Manager
650-339-3461
[email protected] <mailto:[email protected]>
Marisol Gómez, Director of Finance and Administrative Services 650-501-0257
[email protected] <mailto:[email protected]>
BACKGROUND/DISCUSSION:

The Municipal Pooling Authority (“MPA”) is a Joint Powers Authority (JPA) that provides risk pooling services to member agencies, was approved by the state as of July 1, 1977. It currently comprises 21 member municipalities, primarily located in Contra Costa County, with some in Santa Clara, San Joaquin, and San Mateo counties. MPA was formed primarily to reduce the rising costs of private insurance for liability and workers’ compensation. The founding members agreed to pool fiscal resources and share the cost of administering and litigating claims. This pooling of funds is allowed under the Joint Exercise of Powers Act (“JPA”), Government Code, Sections 6500-6536. There are over 1800 JPAs in California providing agencies with pooled coverage for benefits, liability, workers' compensation, and other services. By pooling funds, MPA members share the risk and cost of claims, which helps stabilize individual members' exposure. The cost of claims is spread among all members. Pooling also brings economies of scale, providing members with access to additional insurance options that are only available through the pool. This includes employers' liability, property, cyber, crime, and deadly weapons coverage. MPA provides valuable resources for training and education, including a comprehensive wellness program, ergonomics program, dental and vision plans, life insurance, and online training modules. Risk mitigation support includes mandatory safety training, inspection support to ensure regulatory compliance, and required employee certifications.

The City of Pacifica has been a member of MPA since 2006. MPA provides members with 5 Packet Pg. 73
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administration and self-insured coverage for liability, workers’ compensation, vehicle physical damage, and short-term disability, as well as access to participate in 14 additional programs that offer coverage for property, crime, cyber, and employee benefits. To be a member of MPA, each member’s governing body must agree to the Joint Powers Authority Agreement (the JPA).

The JPA is the foundational document that outlines MPA’s powers and organizational structure.

The last version was adopted by the Board of Directors in 2004 and executed in 2005 by its members. The JPA has undergone an extensive review and revision process. This review was undertaken because the JPA had not been substantively updated since its adoption in 2004 and execution in 2005, and was necessary to ensure alignment with current laws, consistency with other MPA governing documents, and clarity in governance and administrative provisions and is being presented to the Pacifica City Council for adoption of the revised Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement (“the Amended/Restated JPA”)
At the February 27, 2025, meeting, as part of its review of MPA’s governing documents, the MPA Coverage and Governance Committee approved recommended amendments to update the JPA and ensure it aligns with other MPA governing documents and applicable laws. Those recommended amendments were then reviewed by the MPA Executive Committee, which approved the recommended amendments with certain revisions on March 26, 2025. The revised recommended amendments were then approved by the MPA Board of Directors on April 10, 2025.

The recommended amendments and revisions include both substantive clarifications and administrative updates. Key changes include clarification of MPA’s formation and continuation under current Government Code authority; updates to governance provisions, including the scope and limitations of MPA’s powers; refinement of member responsibilities, including ongoing obligations and support for claims administration; and clarification that withdrawal or expulsion does not relieve a member of existing obligations under the agreement. Additional non-substantive edits were made throughout the document to improve clarity, organization, and consistency.

The amendments approved by the MPA Board of Directors were then sent to each member for review and feedback. The feedback received was reviewed by MPA Staff and Legal Counsel, and additional revisions were made based on that feedback.

The final recommended amendments were approved by the MPA Board of Directors on January 13, 2026, as the Amended/Restated JPA attached. The proposed amendments are attached as Exhibit B.

The Amended/Restated JPA must now be approved by each member by resolution of the member’s governing body and signed by each member’s designee.

Participation in a JPA is invaluable for reducing claims exposure and cost. Members receive dividends in years when reserved funds have exceeded actual costs. These dividends aided members during the COVID-19 revenue decline. MPA has also provided members with grants to meet safety needs within their cities.

MPA has a Board of Directors. Each member in the pool has a seat on the Board. The Board decides how claims are managed and what is covered by the pool. Through the Coverage and Governance Committee, the Board reviews the bylaws, the JPA agreement, and program coverage details annually to determine coverage terms. The Joint Powers Authority Agreement is the required document that members’ governing bodies must approve to join any MPA program.
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MPA requires the governing body of each member agency to appoint a board member and alternate board member to the Board of Directors. Currently, the HR Manager serves as the primary board member on the MPA Board of Directors, and the Senior HR Analyst serves as the alternate board member, and staff recommendation is to continue as structured.

Overall, the amendments are intended to modernize and clarify the JPA Agreement and do not materially alter the City of Pacifica’s membership status, financial obligations, or representation within MPA. There is no direct fiscal impact associated with adoption of the Amended and Restated JPA.

ALTERNATIVE ACTION:

No alternative action is recommended. These contract revisions are administrative in nature.

The member agencies of the Municipal Pooling Authority have already adopted the proposed language, and adoption by the City of Pacifica is necessary to maintain consistency with the Authority’s governing documents.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Being a member of MPA aligns with Council’s Strategic Goals #1 and #2.

ENVIRONMENTAL REVIEW:

Approval of the MPA Amended and Restated JPA Agreement and Appointment of Board Members is not subject to review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.), because it constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

There is no fiscal impact associated with approving this revised agreement and appointing board members. The proposed contract amendments are primarily administrative in nature and do not affect the methodology used to calculate workers’ compensation premiums or the City’s annual contribution. The City’s participation costs will be included in the FY 2026-27 base budget.

ORIGINATED BY:

Human Resources
ATTACHMENT LIST:

Exhibit A-2026.01.13 JPA Agreement with Letter Head (DOCX) Exhibit B-32-2026.01.13 BOD Regular Meeting-Action Item VII.2 JPA Agreement-Final Red Line Changes Exb 1. (PDF)
Exhibit C-2026.01.14 JPA letter to members(PDF)
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RESOLUTION NO. _______

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

MUNICIPAL POOLING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT (JPA)

FOR PROVIDING PROPERTY, WORKERS' COMPENSATION, PUBLIC LIABILITY AND OTHER INSURANCE COVERAGES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND APPOINTING THE PRIMARY AND ALTERNATIVE MEMBERS OF

THE BOARD OF DIRECTORS FOR THE MUNICIPAL POOLING AUTHORITY OF

NORTHERN CALIFORNIA
WHEREAS, Municipal Pooling Authority (MPA) was formed in 1977 by a Joint Exercise of Powers Agreement; and
WHEREAS, the City of Pacifica has been a Member Agency of MPA since 2006; and WHEREAS, there have been amendments to the Municipal Pooling Authority Joint Exercise of Powers Agreement; and
WHEREAS, the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement, a copy of which is attached, has been amended to reflect these amendments; and
WHEREAS, the City Council is familiar with the contents thereof.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica does hereby resolve as follows:

That the adoption of the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement for providing property, workers' compensation, public liability, and other insurance coverages, attached hereto, is hereby approved.

BE IT FURTHER RESOLVED, the designated primary Board member shall be the HR Manager and the alternative Board member shall be the Senior HR Analyst.

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to execute the Amended and Restated Joint Exercise of Powers Agreement in a form approved by the City Attorney, with minor amendments which may be approved by the City Attorney and City Manager, on behalf of the City.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of April 2026, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:
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ABSTAIN, Councilmembers:
_________________________________
Christine Boles, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 5 Packet Pg. 77
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EXHIBIT A
Municipal Pooling Authority Amended and Restated Joint
Exercise of Powers Agreement
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 1 | 10

MUNICIPAL POOLING AUTHORITY

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT This Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement”) is entered into by and among the public entities listed in Appendix A ( hereafter referred to as "Members").

RECITALS

1. The Members are public entities organized and operating under the laws of the State of California;

2. The followingState laws, among others, authorize the Members to enter into this Agreement:
a. Labor Code Section 3700, allowing a public entity to fund its own workers' compensationclaims;
b. Government Code Sections 989 and 990, permitting a local public entity to insure itself against liability and other losses;
c. Government Code Section 990.4, permitting a public entity to provide insurance and self-insurance inanydesiredcombination.
d. Government Code Section 990.6, providing that the cost of insurance authorized under the related sections is a proper charge against the local public entity. e. Government CodeSection 990.8, permitting two ormore local public entities to enter into an agreement to jointly fund such expenditures under the authorityofGovernment CodeSections6500, et seq.;and
f. Government Code Sections 6500, et seq., permitting two or more l o c a l public entities to jointly exercise under an agreement any power which is common to each ofthem.

3. Each of the Members desires to enter into an agreement with each of the others for the purpose ofinsuring against various risksjointly, rather than individually.

4. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of MPA shall not constitute debts, liabilities, or obligations of the Members.

5. MPA was originally formed by a Joint Powers Agreement in 1977. Since that time, the Agreement has been amended several times, and Members have withdrawn from, and new Members have beenadded to MPA.

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Attachment: Exhibit A-2026.01.13 JPA Agreement with Letter Head (6173 : Amended JPA Agreement - Municipal Pooling Authority (MPA)) A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 2 | 10 NOW,THEREFORE, for and inconsideration of the mutual benefits, covenants and agreements setforth herein,the Members agree as follows:

SECTION 1
Authority and Purpose
This Agreement is made under the authority of California Government Code Sections 6500, et seq., between the Members. The purpose of this Agreement is to exercise jointly t h e powers common to each Member by managing risks and pooling or purchasing coverage for losses.

SECTION 2
Definitions
Unless the context otherwise requires:

1. "MPA" shall meanthe public entity known as the Municipal PoolingAuthority created bythis Agreement.

2. "Board" shall mean the governing body of MPA.

3. "Chief Administrative Officer" shall mean the person appointed by the Board as the Chief Administrative Officer of MPA.

4. "Claim" shall mean a claim or demand made against a Member arising out of an occurrence that is covered or alleged to be covered by any Memoranda of Coverage issued by MPA or by a purchased policy of insurance.

5. "Member" shall mean any public entity listed in Appendix AtothisAgreement.

6. "Memoranda of Coverage" shall mean documents issued by MPA specifying the type, terms, conditions, and limitations of coverage provided by MPA to each Member that participates in the program.

SECTION 3
Creation of MPA
A public entity, separate and apart from the parties hereto and known as the Municipal Pooling Authority, was previously created and is continued pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500).

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Attachment: Exhibit A-2026.01.13 JPA Agreement with Letter Head (6173 : Amended JPA Agreement - Municipal Pooling Authority (MPA)) A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 3 | 10 SECTION 4
TermsofAgreement
This Agreement is effective as of January 13, 2026, and continues until terminated as hereafter provided. The prior Joint Exercise of Powers Agreement is terminated upon the effective date hereof.

SECTION 5

1.1.1 GoverningBoard
MPA shall be governed by a Board composed of one individual representative from each Member, each serving in an individual capacity as a member of the Board. Each Member's governing body shall appoint to the Board either its Manager or Director, or the department head or staff person, responsible for its risk management function. Each Board member shall have one vote. Each Member shall appoint one Alternate to the Board. The Alternate shall have the same qualifications as the Board member. The Alternate may vote at any meeting of the Board at which the regular Board member is absent.

SECTION 6
Meetings and Committees
(a) Committees. The Board may establish an Executive Committee comprised of members of the Board and delegate to it any powers or functions not reserved to the entire Board or otherwise nondelegable. Other regular committees may be created by, or in accordance with, the procedures set forth in Bylaws adopted by the Board. Ad hoc committees may, from time to time, be established by the President of the Board to serve as temporary committees for a limited purpose. (b) Meetings. The Board shall hold at least one regular meeting each year. The Board shall fix the date upon which, and the hour and place at which, each regular meeting is to be held, and the Chief Administrative Officer shall notify each Member of that action. Other meetings of the Board and meetings of any duly established committees may be held in accordance with applicable law. All meetings of the Board and regular committees shall be held in a manner consistent with the Bylaws and in compliance with the Ralph M. Brown Act (California Government Sections 54950, et seq.). (c) Bylaws and Regulations. The Board may adopt Bylaws and regulations that are not inconsistent either with applicable law or with this Agreement. In the event the Bylaws or regulations are inconsistent with this Agreement, this Agreement shall control. The Chief Administrative Officer shall send to each Member all such Bylaws and regulations, and any amendments thereto, promptly after adoption by the Board.

SECTION 7

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Attachment: Exhibit A-2026.01.13 JPA Agreement with Letter Head (6173 : Amended JPA Agreement - Municipal Pooling Authority (MPA)) A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 4 | 10

1.1.2 Officers
(a) The Board shall elect a President and Vice-President from among its members to perform the duties set forth in the Bylaws.
(b) The Chief Administrative Officer shall be the Secretary of MPA and shall be responsible for maintaining all records of MPA.
(c) The Board shall elect a Treasurer with the qualifications and to perform the duties set forth in the Bylaws.
(d) The Board may appoint such other officers, employ individuals, and contract with consultants and other professional persons or firms as it considers necessary to carry out the purposes of this Agreement.

SECTION 8
Powers of MPA
MPA shall have the powers and authority to exercise any powers common to its Members and is hereby authorized, in its own name, to do all acts necessary for the exercise of such common powers, including, but not limited to, each of the following:
(1) Make and enter into contracts;
(2) Incur debts, liabilities, and obligations, but no debt, liability, or obligation of MPA is a debt, liability, or obligation of any Member, pursuant to Government Code Section 6508.1; (3) Acquire, hold, or dispose of real and personal property; (4) Receive contributions and donations of property, funds, services, and other forms of assistance from any source;
(5) Sue and be sued in its own name;
(6) Employ agents and employees;
(7) Acquire, construct, manage, and maintain buildings; (8) Lease real or personal property, including that of a Member;

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Attachment: Exhibit A-2026.01.13 JPA Agreement with Letter Head (6173 : Amended JPA Agreement - Municipal Pooling Authority (MPA)) A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 5 | 10 (9) Receive, collect, invest, and disburse monies; and
(10) Carry out other duties as required to accomplish other responsibilities as set forth in this Agreement.

These powers shall be exercised in the manner provided by law and as expressly set forth in this Agreement. Pursuant to Section 6509 of the California Government Code, the exercise of such powers shall be subject only to those restrictions upon the manner of exercising the powers which are imposed upon Members, such as the City of Pleasant Hill, in the exercise of similar powers.

SECTION 9
Fiscal Year
The "fiscal year" of MPA is the period from the first day of July of each year to and including the 30th day of June of the following year.

SECTION 10
Coverage Provided byMPA
Pursuant to the payment of contributions by each Member, MPA shall provide coverage pursuant to one or more Memoranda of Coverage and/or purchased policies of insurance under the programs selected by the Member.

SECTION 11

1.1.3 Establishment and Administration of Funds
The Board shall establish such funds as it deems necessary to conduct the business of MPA.

SECTION 12

1.1.4 Budget
MPA shall adopt an annual budget nolater than the first day of itsfiscal year.

SECTION 13

1.1.5 Member Contributions

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Attachment: Exhibit A-2026.01.13 JPA Agreement with Letter Head (6173 : Amended JPA Agreement - Municipal Pooling Authority (MPA)) A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 6 | 10 The Chief Administrative Officer shall be responsible for calculating annually the amount of contributions to be charged for coverage selected by Members. The Board shall approve each charge before it takes effect. Each Member, by the act of paying its contribution, accepts the coverage provided by MPA.

SECTION 14
Accounts and Records
The Chief Administrative Officer shall be responsible for establishing and maintaining the funds and accounts in accordance with acceptable accounting practices and maintaining such other records as the Board requires pursuant to the procedures set forth in the Bylaws. The Chief Administrative Officer shall have the custody of and be responsible for the disbursement of MPA funds as provided by accounting procedures developed in accordance with this Agreement and the Bylaws.

SECTION 15

1.1.6 Reserves
Separate reserves shall be maintained in the funds for each type of coverage.

SECTION 16

1.1.7 MPA Functions and Responsibilities
MPA shall provide comprehensive risk management services to its Members.

SECTION 17

1.1.8 Member Responsibilities
Each Member has responsibilities, including the following:
(1) Appoint its representative and alternate to the MPA Board in accordance with the applicable practices and procedures.
(2) Cooperate fully with MPA in the investigation, defense, and settlement of Claims, including compliance with any applicable Memoranda of Coverage.
(3) Comply with risk management recommendations, guidelines, and requirements established by MPA;

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Attachment: Exhibit A-2026.01.13 JPA Agreement with Letter Head (6173 : Amended JPA Agreement - Municipal Pooling Authority (MPA)) A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 7 | 10 (4) Pay contributions and assessments approved by the Board when due. (5) Provide MPA with data and other information requested; and (6) Cooperate with and assist MPA and any insurer, adjuster, or legal counsel retained by MPA in matters related to this Agreement, any Bylaws adopted by the Board, and any other governing documents, policies, or procedures adopted by the Board.

SECTION 18
New Members
Upon the vote of two-thirds of all members of the Board, any other public entity in Contra Costa County or in the general geographic area reasonably serviceable from Contra Costa County may become a party to this Agreement upon execution of this Agreement, and shall forthwith pay to MPA its current contribution payment as determined in accordance herewith, as well as any fees and expenses set by the Board.

SECTION 19
Cancellation of Coverage ina Program or Programs
lf a Member fails to comply with this Agreement, any Bylaws adopted by the Board, or any procedures or policies established by the Board, the Board may, by a two-thirds vote of all members of the Board, refuse to provide coverage or may cancel any coverage being provided to that Member in any program(s).

SECTION 20
Termination of Agreement and Disposition of
AssetsUponTerminationofAgreement
This Agreement may be terminated upon the unanimous consent of all parties to it. Upon complete termination of this Agreement by all Members and the settlement of all liabilities and claims, including incurred but not reported claims, all property of MPA shall be divided among the Members in a ratio equal to that of the total amounts paid by the Members for the five (5) fiscal years preceding the year in which the Agreement is terminated.

SECTION 21
Withdrawal of aMember
A Member may withdraw as a Member and party to the Agreement, effective at the end of any fiscal year upon giving MPA six (6) months priorwritten notice of its intenttowithdraw.

SECTION 22
Expulsion

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Attachment: Exhibit A-2026.01.13 JPA Agreement with Letter Head (6173 : Amended JPA Agreement - Municipal Pooling Authority (MPA)) A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 8 | 10 The Board, by a three-fourths vote of all members of the Board, may expel any member for the reasons and under the procedures setforth inthe Bylaws.

SECTION 23
Effect ofWithdrawal or Expulsion
The withdrawal or expulsion of any Member shall not terminate its responsibilities and obligations as set forth in MPA’s governing documents.

Upon withdrawal of a Member, that Member is entitled only to its pro rata share of the balance of the amount paid by it for the fiscal year in which withdrawal takes place. That Member shall not participate in or be entitled to any other funds, property, or other assets of MPA. Coverages under all pool coverage programs for the coverage periods in which that Member participated will remain in effect and continue until the conclusion of their respective program years.

SECTION 24
Liability and Indemnification
MPA shall defend and indemnify its Board members, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its public employees pursuant to California Government Code Section 825, et seq., or other applicable provisions of law.

MPA may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of MPA's activities.

SECTION 25
Assessment
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to levy a cash assessment for any pooled coverage program if the Board finds that there are insufficient funds available to MPA to meetits legal obligations.

Any cost, including attorneys' fees, incurred by MPA in collecting any cash assessment shall be reimbursed by the Member against which such collection action has been taken.

Section 26
Dividends and Premium Rebates
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to declare a dividend, rebate of excess contributions, and/or reduction of future contributions for any pooled coverage program if the Board finds there are excess reserves in the retention fund.

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Attachment: Exhibit A-2026.01.13 JPA Agreement with Letter Head (6173 : Amended JPA Agreement - Municipal Pooling Authority (MPA)) A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 9 | 10 SECTION 27
Severability
lf any portion, term, condition or provision of this Agreement is determined by a court to be illegal or in conflict with a law of the State of California, or is otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions is not affected.

SECTION 28
Prohibition Against Assignment
No Member may assign a right, claim, or interest it may have under this Agreement. No creditor, assignee, or third party beneficiary of a Member has a right, claim, or title to any part, share, interest, fund, premium or asset of MPA.

SECTION 29
Amendment
This Agreement may be amended by Resolution of the governing bodies of two- thirds of the thenparticipating Members. Appendix A to this Agreement may be amended to correctly list current Members without separate action by the governing bodies of the Members or the Board, and provided any additional members execute the Agreement.

SECTION 30
Notices
Notices to Members under this Agreement shall be sufficient if delivered to the office of the Member. Notices to MPA shall be sufficient if delivered to the office of the Chief Administrative Officer.

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Attachment: Exhibit A-2026.01.13 JPA Agreement with Letter Head (6173 : Amended JPA Agreement - Municipal Pooling Authority (MPA)) A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 10 | 10 Member Date Joined
Antioch 5/2/1977
Brentwood 5/2/1977
Clayton 5/2/1977
Danville 2/1/1983
Gilroy 7/1/2015
El Cerrito 5/2/1977
Hercules 5/2/1977
Lafayette 5/2/1977
Manteca 1/1/1998
Martinez 5/2/1977
Moraga 5/2/1977
Mountain House 7/1/2024
Oakley 7/1/2002
Orinda 7/1/1986
Pacifica 7/1/2006
Pinole 5/2/1977
Pittsburg 5/2/1977
Pleasant Hill 5/2/1977
San Pablo 5/2/1977
San Ramon 7/1/1986
Walnut Creek 5/2/1977

MUNICIPAL POOLING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT Appendix A - List of MPA Members

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Attachment: Exhibit A-2026.01.13 JPA Agreement with Letter Head (6173 : Amended JPA Agreement - Municipal Pooling Authority (MPA))

MUNICIPAL POOLING AUTHORITY

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT This Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement”) is entered into by and among the publicentities listed in Appendix A( hereafter referred toas "Members").

RECITALS

1. The Members are public entities organized and operating under the laws of the State of California;

2. The following Statelaws, among others, authorize the Members to enter into this Agreement:
a. Labor Code Section 3700, allowinga public entity to fund its own workers' compensation claims;
b. Government Code Sections 989 and 990, permittinga local public entity to insure itself against liability and other losses
;
c. Government Code Section 990.4, permittinga public entity to provide insurance and self-insurance inanydesired combination;
d. Government Code Section 990.6, providing that the cost of insurance authorized under the related sections is a proper charge against the local public entity; e. Government Code Section 990.8, permitting two or more local public entities to enter into an agreement to jointly fund such expenditures under the authority of Government CodeSections 6500, et seq.; and
f. Government Code Sections 6500, et seq., permitting two or more local public entities to jointly exercise under an agreement any power whichis common to each of them.

3. Each of the Members desires to enter into an agreement with each of the others for the purpose of insuring against various risks jointly, rather than individually.

4. Pursuant to Government Code Section 6508.1, the debts, liabilities and obligations of MPA shall not constitute debts, liabilities, or obligations of the Members.

5. MPA was originally formed bya Joint Powers Agreement in 1977. Since that time the Agreement has been amended several times and Members have withdrawn from and new Members have been added to MPA.

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Attachment: Exhibit B-32-2026.01.13 BOD Regular Meeting-Action Item VII.2 JPA Agreement-Final Red Line Changes Exb 1. (6173 : Amended NOW, THEREFORE, for and in consideration of the mutual benefits, covenants and agreements set forth herein, the Members agree as follows:

SECTION 1
Authority and Purpose
This Agreement is made under the authority of California Government Code Sections 6500, et seq. between the Members. The purpose of this Agreement is to exercise jointly powers common to each Member by managing risks and pooling or purchasing coverage for losses.

SECTION 2
Definitions
Unless the context otherwise requires:

1."MPA" shall mean the public entity known as the Municipal PoolingAuthority created by thisAgreement.

2. "Board" shall mean the governing body of MPA.

3. "Chief Administrative Officer" shall mean the person appointed by the Board as the Chief Administrative Officer of MPA.

5. "Member" shall mean any public entity listed in Appendix Ato this Agreement.

6. "Memoranda of Coverage" shall mean documents issued by MPA specifying the type, terms, conditions, and limitations of coverage provided by MPA to each Member that participates in the program.

SECTION 3
Creation of MPA
Pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500), the parties hereto create a A public entity, separate and apart from the parties hereto and , to be known as the Municipal Pooling Authority, was previously created and is continued .pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500).

SECTION 4
Terms ofAgreement
This Agreement is effective as of __________________ and continues until terminated as hereafter provided. The prior Joint Exercise of Powers Agreement is terminated upon the effective date hereof.

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Attachment: Exhibit B-32-2026.01.13 BOD Regular Meeting-Action Item VII.2 JPA Agreement-Final Red Line Changes Exb 1. (6173 : Amended

SECTION
5 GoverningBoard
MPA shall be governed bya Board composed of one individual representative from each Member, each serving in an individual capacity asa member of the Board. Each Member's governing body shall appoint to the Board either its Manager or Director, or the department head or staff person, responsible for its risk management function. Each Board member shall have one vote. Each Member shall appoint one Alternate to the Board. The Alternate shall have the same qualifications as the Board member. The Alternate may vote at any meeting of the Board at which the regular Board member is absent.

Other meetings of the Board and meetings of any duly established committees may be held in accordance with applicable law. All meetings of the Board and regular committees shall be held ina manner consistent with the Bylaws and in compliance with the Ralph M. Brown Act(California Government Sections 54950, et seq.). (c) Bvlaws and Regulations. The Board may adopt Bylaws and regulations that are not inconsistent either with applicable law or with this Agreement. In the event the Bylaws or regulations are inconsistent with this Agreement, this Agreement shall control. The Chief Administrative Officer shall send to each Member all such Bylaws and regulations, and any amendments thereto, promptly after adoption by the Board.

SECTION 7
Officers
(a) The Board shall elect a President and Vice-President from among its members to perform the duties set forth in the Bylaws.
(b) The Chief Administrative Officer shall be the Secretary of MPA and shall be responsible for maintaining all records of MPA.
(c) The Board shall elect a Treasurer with the qualifications and to perform the duties set forth in the Bylaws.

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Attachment: Exhibit B-32-2026.01.13 BOD Regular Meeting-Action Item VII.2 JPA Agreement-Final Red Line Changes Exb 1. (6173 : Amended (d) The Board may appoint such other officers, employ individuals, and contract with consultants and other professional persons or firms as it considers necessary to carry out the purposes of this Agreement.

SECTION 8
Powers of MPA
MPA shall have the powers and authority to exercise any powers common to its Members and is hereby authorized, in its own name, to do all acts necessary for the exercise of those such common powers, referred to in the Recitals including, but not limited to, each of the following:
(1) Make and enter into contracts;
(2) Incur debts, liabilities and obligations but no debt, liability or obligation of MPA is a debt, liability or obligation of any Member, pursuant to Government Code Section 6508.1;
(3) Acquire, hold or dispose of real and personal property; (4) Receive contributions and donations of property, funds, services and other forms of assistance from any source;
(5) Sue and be sued in its own name;
(6) Employ agents and employees;
(7) Acquire, construct, manage and maintain buildings;
(8) Lease real or personal property including that of a Member; (9) Receive, collect, invest, and disburse monies; and
(10) Carry out other duties as required to accomplish other responsibilities as set forth in this Agreement.

These powers shall be exercised in the manner provided by law and as expressly set forth in this Agreement. Pursuant to Section 6509 of the California Government Code, the exercise of such powers shall be , subject only to those restrictions upon the manner of exercising the powers which are imposed upon Members such as the City of Pleasant Hill, in the exercise of similar powers.

SECTION 9
Fiscal Year
The "fiscal year" of MPA is the period from the first day of July of each year to and including the 30th day of June of the following year.

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Attachment: Exhibit B-32-2026.01.13 BOD Regular Meeting-Action Item VII.2 JPA Agreement-Final Red Line Changes Exb 1. (6173 : Amended SECTION 10
Coverage Provided by MPA
Pursuant to the payment of contributions by each Member, MPA shall provide coverage pursuant to one or more Memoranda of Coverage and/or purchased policies of insurance under the programs selected by the Member.

SECTION 11
Establishment and Administration of Funds
The Board shall establish such funds as it deems necessary to conduct the business of MPA.

SECTION 12
Budget
MPA shall adopt an annual budget no later than the first day of its fiscal year.

SECTION 13
Member Contributions
The Chief Administrative Officer shall be responsible for calculating annually the amount of contributions to be charged for coverage selected by Members. The Board shall approve each charge before it takes effect. Each Member by the act of paying its contribution accepts the coverage provided by MPA.

The Chief Aministrative Officer shall have the custody of and be responsible for the disbursement of MPA funds as provided by accounting procedures developed in accordance with this Agreement and the Bylaws.

SECTION 15
Reserves
Separate reserves shall be maintained in the funds for each type of coverage.

SECTION 16
MPA Functions and Responsibilities
MPA shall provide comprehensive risk management services to its Members.

Formatted: Normal, Tab stops: Not at 0"

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Attachment: Exhibit B-32-2026.01.13 BOD Regular Meeting-Action Item VII.2 JPA Agreement-Final Red Line Changes Exb 1. (6173 : Amended SECTION 17
Member Responsibilities
Each Member has responsibilities, including the following:
(1) Appoint its representative and alternate to the MPA Board in accordance with the procedures set forth in the Bylawsapplicable practices and procedures; (2) Cooperate fully with MPA in the investigation, defense, and settlement of Claims, including compliance with any applicable Memoranda of Coverage; (3) Comply with risk management recommendations, guidelines, and requirements established by MPA;
(4) Pay contributions and assessments approved by the Board when due; (5) Provide MPA with statistical and loss experience, data and other information requested; and
(6) Cooperate with and assist MPA and any insurer, adjuster, or legal counsel retained by MPA in matters related to this Agreement, any Bylaws adopted by the Board, and any other governing documents, policies, or procedures adopted by the Board.

SECTION 19
Cancellation of Coverage i n a Program or Programs
lf a Member fails to comply with this Agreement, any Bylaws adopted by the Board, or any procedures or policies established by the Board, the Board may, by a two-thirds vote of all members of the Board, refuse to provide coverage or may cancel any coverage being provided to that Member in any program(s).

SECTION 20
Termination of Agreement and Disposition of
Assets UponTermination of Agreement
This Agreement may be terminated upon the unanimous consent of all parties to it. Upon complete termination of this Agreement by all Members and the settlement of all liabilities and claims, including incurred but not reported claims, all property of MPA shall be divided among the Members in a ratio equal to that of the total amounts paid by the Members for the five (5) fiscal years preceding the year in which the Agreement is terminated.

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Attachment: Exhibit B-32-2026.01.13 BOD Regular Meeting-Action Item VII.2 JPA Agreement-Final Red Line Changes Exb 1. (6173 : Amended SECTION 21
Withdrawal of a Member
A Member may withdraw as a Member and party to the Agreement, effective at the end of any fiscal year upon giving MPA six (6) months prior written notice of its intent to withdraw.

SECTION 22
Expulsion
The Board, by a three-fourths vote of all members of the Board, may expel any member for the reasons and under the procedures set forth inthe Bylaws.

SECTION 23
Effect of Withdrawal or Expulsion
The withdrawal or expulsion of any Member shall not terminate its responsibilities and obligations as set forth in MPA’s governing documents.

MPA may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of MPA's activities.

Any cost, including attorneys' fees, incurred by MPA in collecting any cash assessment shall be reimbursed by the Member against which such collection action has been taken.

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Attachment: Exhibit B-32-2026.01.13 BOD Regular Meeting-Action Item VII.2 JPA Agreement-Final Red Line Changes Exb 1. (6173 : Amended Section 26
Dividends and Premium Rebates
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to declare a dividend, rebate of excess contributions, and/or reduction of future contributions for any pooled coverage program if the Board finds there are excess reserves in the retention fund.

SECTION 27
Severability
lf any portion, term, condition or provision of this Agreement is determined by a court to be illegal or in conflict with a law of the State of California, or is otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions is not affected.

SECTION 29
Amendment
This Agreement may be amended by Resolution of the governing bodies of two thirds of the then-participating Members. Appendix A to this Agreement may be amended to correctly list current Members without separate action by the governing bodies of the Members or the Board, and provided any additional members execute the Agreement.

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Attachment: Exhibit B-32-2026.01.13 BOD Regular Meeting-Action Item VII.2 JPA Agreement-Final Red Line Changes Exb 1. (6173 : Amended IN WITNESS WHEREOF, the parties hereto have executed this Joint Exercise of Powers Agreement as of the day and year first above written.

City of Antioch City of Mountain House
City of Brentwood City of Oakley
City of Clayton City of Orinda
Town of Danville City of Pacifica
City of El Cerrito City of Pinole
City of Gilroy City of Pittsburg
City of Hercules City of Pleasant Hill
City of Lafayette City of San Pablo
City of Manteca City of San Ramon
City of Martinez City of Walnut Creek
Town of Moraga

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Attachment: Exhibit B-32-2026.01.13 BOD Regular Meeting-Action Item VII.2 JPA Agreement-Final Red Line Changes Exb 1. (6173 : Amended

Page 1 of 1 ends

P.O. Box 67 * Walnut Creek, CA 94597 * (925) 943-1100 * Fax (925) 946-4183 January 14, 2026
Dear Members of Municipal Pooling Authority (MPA):

The MPA Joint Exercise of Powers Agreement (“the JPA”) is the foundational document that outlines MPA’s powers and organizational structure. The last version was adopted by the Board in 2004 and executed in 2005.

At its February 27, 2025, meeting, as part of its review of MPA’s governing documents, the Coverage and Governance Committee approved recommended amendments to update the JPA and ensure it aligns with other MPA governing documents and applicable laws. Those recommended amendments were then reviewed by the Executive Committee, which approved the recommended amendments with certain revisions on March 26, 2025. The revised recommended amendments were then approved by the Board on April 10, 2025.

The amendments approved by the MPA Board were then sent to each member to review and provide feedback. The feedback received was reviewed by MPA Staff and Legal Counsel, and additional revisions were made based on that feedback.

The final recommended amendments were approved by the Board of Directors on January 13, 2026, as the attached Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement (“the Amended/Restated JPA”).

The Amended/Restated JPA must now be approved by each member by resolution of the member’s governing body and signed by each member's designees as set forth in the resolution. A sample resolution that can be adapted as desired and used for this purpose is attached.

Please ensure that a resolution approving the Amended/Restated JPA is placed on the agenda at the next regularly scheduled meeting of your agency’s governing body. Once the resolution is approved, please immediately forward an electronic copy to Linda Cox @ [email protected] and Azalea Wylie @ [email protected], and send the original executed resolution to: Municipal Pooling Authority, P.O.

Box 67, Walnut Creek, CA 94597
Feel free to contact me if you have any questions regarding this matter.

Thank you for your attention to this matter.

Sincerely,
Linda M. Cox
Chief Administrative Officer

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Attachment: Exhibit C-2026.01.14 JPA letter to members (6173 : Amended JPA Agreement - Municipal Pooling Authority (MPA))

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/13/2026
1 SUBJECT:

Amendment to the Agreement with the County of San Mateo for Continued Provision of Animal Control Services for an Additional Three Years from July 1, 2026 through June 30, 2029 RECOMMENDED ACTION:

Adopt a Resolution Authorizing the City Manager to Execute the Amendment to the Agreement with the County of San Mateo and twenty cities in the County for Continued Provision of Animal Control Services to extend the term of the Agreement for an additional three years from July 1, 2026 through June 30, 2029.

STAFF CONTACT:

Yulia Carter, Interim City Manager
650-738-7409
[email protected]
BACKGROUND:

Animal Control has been one of the longest running regional/shared services in San Mateo County. Since 1952, the County has contracted with the Peninsula Humane Society & SPCA (PHS) for animal control field and sheltering service. All 20 cities in the County have in turn contracted with the County for these services. Historically, cities have taken advantage of the economies of pooling resources in order to realize lower costs for services than each city could likely achieve by providing its own services.

PHS provides animal control services in a County-owned 45,000 square foot building at 12 Airport Boulevard in San Mateo. The mandated animal control service functions, which occur at the Airport Boulevard facility, include: receiving and housing stray animals; serving as the location for the public when looking for lost pets or surrendering animals; sheltering animals; spay/neuter clinic; and, vaccination clinic. For public convenience, licensing, micro-chipping, veterinary care and animal behavior work, and field services staff are at this location and respond to calls for service in the community.

On January 5, 2021, a request for proposals was released to 71 organizations for an Animal Care, Control and Shelter Services Contractor serving San Mateo County. Two contractors submitted proposals on February 18, 2021 (Peninsula Humane Society & SPCA and Partners in Animal Care & Compassion/Pets in Need).

On March 4, 2021, the proposals were evaluated by a review committee comprised of nine reviewers including a Deputy County Manager, a San Mateo County Fiscal Officer, five reviewers from various San Mateo Cities, and subject matter experts from Los Angeles and San Bernardino. The evaluation determined that both proposals were acceptable, however, Peninsula Humane Society & SPCA (PHS) was scored higher overall.

Contract negotiations with PHS started March 24, 2021. The negotiating team included the County Manager, County Counsel, the County Animal Control Manager, and six City 6 Packet Pg. 99
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representatives. Then Pacifica City Manager Kevin Woodhouse was part of the negotiating team. Negotiations were amicably concluded on April 3, 2021 with the Agreement for Animal Care and Control, Shelter Services and Animal Licensing (“Agreement”) included as Attachment B.

The Agreement required cities, among other things, to each adopt and maintain animal control ordinance(s) which are substantially the same as the San Mateo County Ordinance. The County, PHS and a committee of five City Attorneys (including City of Pacifica’s City Attorney) worked to prepare an amended County Ordinance to enhance enforceability, streamline processes, clarify definitions and enhance public safety, which was introduced on December 12, 2023 and adopted by the San Mateo County Board of Supervisors on January 9, 2024. The City of Pacifica, in turn, adopted Ordinance No. 895-C.S. on January 22, 2024 that was substantially the same as the San Mateo County Ordinance and incorporated animal control program fees and charges. The proposed amendment to the Agreement as discussed in further detail below does not require any change to the Ordinance.

Cost Provisions of the Agreement and Allocation of Costs to Cities and Unincorporated County:

Under the current Agreement, the invoicing is based on actual expenditures as opposed to a percent of the contracted budget. Annual costs are divided up in two ways. The first is to divide costs using a three year average of usage, weighted 41% on field services and 59% on shelter usage. The second factor in dividing costs is how to factor in offsetting revenues from animal licensing and collected fees. The Agreement gives each city credit for the animal licensing and collected fees revenue attributable to that particular city as a direct offset of its own share of costs. This gives cities a mechanism to lower their costs by allowing them to do additional outreach to their residents to license and vaccinate their animals. The cities will continue to pay the County for administering the Agreement and this allocation method will continue under the proposed Amendment to the Agreement, with total cost details for each of the three years in the extended term detailed in the Discussion section below.

DISCUSSION:

The current Animal Control agreement between the County and PHS is set to expire on June 30, 2026; however, there is a clause in the contract that reads as follows:

1. Term
Except as otherwise provided herein, and subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2021, through June 30, 2026. The parties may extend the term for an additional three years if the parties mutually agree in writing. This Agreement becomes effective only after all jurisdictions identified on Exhibit D as Participating Cities adopt it by entering into the agreement for animal control services between the County and participating cities. If such County/Services Agreement is not adopted by all jurisdictions shown on Exhibit D, this Services Agreement is null and void in its entirety unless Contractor and any of the jurisdictions shown on Exhibit D agree to use it as the basis for a Services Agreement applicable to those parties providing such written consent, with such changes in payment, scope of service, and other terms as the parties may agree.

The County has met with the President of PHS and both parties agree to extend the Animal Care and Control Services contract for another three years until June 30, 2029. 6 Packet Pg. 100
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As the Council will recall, the PHS contract was developed in concept and reviewed by a working group of County managers, City Managers, and other interested city participants (e.g., personnel from some Police Departments). The San Mateo County City Managers Association (SMCCMA) has also established a standing committee to do an in-depth review of the contract, performance audits, cost sharing formulas, and strategic direction for provision of countywide animal control services. The SMCCMA committee was directly involved with the County during contract negotiations and had a seat at the table with PHS and the County hammering out the final outcome.

The contract has performed effectively, providing the cities with reliable animal control services and significantly reducing the number of complaints compared to previous years.

Provisions of the Amendment:

Only a few modifications have been made to Section 4 of the Agreement, which specifies the County responsibilities as outlined below:

Section 4.1.a of the Agreement
The County will pay Animal Control Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above.

Fiscal Year Amount
2021-22 $6,189,290.95
2022-23 $6,327,480.28
2023-24 $6,499,455.67
2024-25 $6,674,024.00
2025-26 $6,858,739.01
2026-27 $7,037,138.11
2027-28 $7,220,177.44
2028-29 $7,407,977.72
This is less than a 3% increase a year for the contracted animal control services and this cost will be passed onto our city.

Section 4.1.b of the Agreement
The County will pay Animal Licensing Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above (the table in 4.2 includes the payment for the contract PetData for approximately $1,096,827 for five years, which is $219,365 yearly and which will end on June 30, 2027).

Current Contract 2022-
2027
Amount
One year license $4.28 per license
Multi-year license $4.28 for the first year and $2 for each additional year Late fees collected $2.50 collection service fee for each license Replacement tags $4.28 per tag
Bank and supply fees Actual cost
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Section 4.2 of the Agreement
The County shall provide the administrative services as outlined in this Agreement for the following estimated amounts to be charged to and paid by the Cities. Costs may vary as labor negotiations and internal service charges are negotiated at a Countywide level. Cities will only be invoiced for the actual costs to provide said services as outlined in this Agreement and are to be reimbursed by the Cities as provided in Section 3.7 above.

Fiscal Year Amount
2021-22 $790,835
2022-23 $790,375
2023-24 $814,086
2024-25 $822,227
2025-26 $846,894
2026-27 $872,301
2027-28 $898,470
2028-29 $925,424
Section 4.3.j has been removed from the Agreement.

This section was to arrange a performance audit or fiscal assessment of the Animal Control Contractor PHS. The County released an RFP in January to find a vendor to perform an audit of PHS and felt that it would not be fiscally responsible to turn around within three years and conduct another audit within three years. The County decided it would be more prudent to wait until the new contract in 2027 and write it into the new contract so section 4.3.j is being removed from the Agreement.

Section 5 General Provisions under 5.8 Term and Termination of the Agreement is amended to reflect the extended term as follows:

5.8 Term and Termination. Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2021 through June 30, 2029.

Dates and a few word changes are the only the edits that have been made in this Agreement.

ENVIRONMENTAL REVIEW :

The Amendment to 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.

ALTERNATIVE ACTION:

Decline to authorize the City Manager to execute the Agreement and provide staff further 6 Packet Pg. 102
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direction.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Fiscal Sustainability: A collaborative, multi-jurisdictional approach for services reduces overall costs for city and county jurisdictions.

Maintaining a Safe Community: Animal control services serve to manage issues related to pets and wildlife affecting public health and safety.

FISCAL IMPACT:

The City of Pacifica’s share of the total contract in FY 25-26 was $237,201, with the City’s percentage share (and the share for all cities) being revisited annually. The number of service calls and sheltering animals generated by each city is tracked, and the average of the last three years’ data is used to set the upcoming year’s costs for member cities and for the County. Each city’s (and unincorporated County) three-year average usage data is weighted 41% for field services and 59% for shelter services, with a credit for revenues. Attachment C provides details of the cost allocations for each city for FY 25-26 Animal Control Costs. Costs for the County animal services agreement are already included in the City’s annual operating budget.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Attachment A: Proposed Amendment to Animal Control Agreement Between San Mateo County and Cities (PDF)
Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (PDF)
Attachment C: FY 25-26 Allocation of Animal Control Costs to Cities (PDF) 6 Packet Pg. 103
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April 13, 2026
RESOLUTION NO. _______

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

AMENDMENT TO THE AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND CITY

OF PACIFICA AND OTHER CITIES FOR THE FACILITATION AND COORDINATION OF

ANIMAL CONTROL AND LICENSING SERVICES TO EXTEND THE TERM FOR AN ADDITIONAL THREE YEARS FROM JULY 1, 2026 THROUGH JUNE 30, 2029 WHEREAS, the City of Pacifica (“City”), along with the other nineteen cities in San Mateo County, contracts with the County of San Mateo (“County”) for Animal Control, Sheltering and Licensing Services, which the County obtains through a contract between the County and Peninsula Humane Society (“PHS”);
WHEREAS, the City of Pacifica entered the current Agreement between the cities and the County for Animal Control, Sheltering and Licensing Services effective July 1, 2021 for a term of five years;
WHEREAS, the current Agreement between the cities and the County for Animal Control, Sheltering and Licensing Services expires on June 30, 2026; WHEREAS, the Cities and County now wish to amend the current Agreement to extend the term for an additional three years through June 30, 2029; WHEREAS, the proposed Amendment to the Agreement attached as Exhibit A to this Resolution would provide for a three-year extension of the Animal Control, Sheltering and Licensing Services effective July 1, 2026 and lasting until June 30, 2029;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFICA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The City hereby finds and determines that the above recitals are true and correct and material to this Resolution and are incorporated herein by this reference.

Section 2. The City hereby approves the Amendment to the Agreement as described in this Resolution and in substantially similar form to the proposed Amendment attached as Exhibit A. The City Manager is hereby authorized to execute the Amendment and any related documents, subject to any minor modifications as may be made by the City Manager or the City Attorney, and the City Manager is hereby authorized to take all actions necessary to implement the Amendment.
• • • • •
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of April 2026, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Christine Boles, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 6 Packet Pg. 105
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EXHIBIT A
Amendment to Agreement between the County of San Mateo and the Cities for Animal Care and Control, Shelter Services and Animal Licensing 6 Packet Pg. 106
Amendment Template Version May 2021

AMENDMENT TO AGREEMENT
BETWEEN THE COUNTY OF SAN MATEO AND the Cities
THIS AMENDMENT TO THE AGREEMENT, entered into this ___________. 20___, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside, each hereinafter individually called a “City” and collectively called "Cities".

W I T N E S S E T H:

WHEREAS, such agreements are authorized and provided for by Section 51300, et seq. of the California Government Code and under the Parties respective police powers; WHEREAS, the Cities and County, hereinafter collectively called "Parties", entered into an Agreement for animal care and control, shelter services and animal licensing, in which the County agrees to facilitate provision of and the Cities agree to reimburse the County for the costs of specified animal care and control, shelter services, and animal licensing hereinafter set forth, as they have done for over 70 years with the current Agreement expiring on June 30, 2021; and
WHEREAS, in order to facilitate coordinated countywide system of animal care and control, shelter services, and animal licensing as desired by Cities, County is agreeable to facilitating the provision of such services on the terms and conditions as hereinafter set forth; and
WHEREAS, On June 6, 2021, the Cities entered into an agreement with the County to facilitate and coordinate animal control and licensing on a countywide basis on behalf of the Cities and County for a term of 5 years ending on June 30, 2026.

WHEREAS, the Cities and County wish to amend the Agreement to extend the term up to June 30, 2029.

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1. Section 2 Definitions under 2.3 Animal Control Program of the agreement is amended to read as follows:

2.3 Animal Control Program: The program within the County Health, or County’s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal control within the territorial limits of the County.

Section 2 Definitions under 2.6 Animal Licensing Service of the agreement is amended to read as follows:

2.6 Animal Licensing Program: The program within the San Mateo County Health, or County‘s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal licensing within its jurisdiction

6.a
Packet Pg. 107 Attachment: Attachment A: Proposed Amendment to Animal Control Agreement Between San Mateo County and Cities (6181 : Amendment to Amendment Template Version May 2021 Page | 1
Section 2 Definitions under 2.9 Holidays of the agreement is amended to read as follows:

2.9 Holidays: Federally designated holidays with the addition of Easter and exclusion of Columbus Day/Indigenous Peoples' Day, in accordance with the Animal Control Contractor’s and Animal Licensing Contractor’s existing labor contracts
Section 3 Each City's Responsibilities under 3.3 Designation of Animal Control & License Revenue Collector of the agreement is amended to read as follows:

3.3 Designation of Animal Control & License Revenue Collector. Each City hereby designates County Health or County’s designated contractor as the entity authorized to collect, at Cities’ cost, animal control and licensing revenue on the part of each City
Section 4 County Responsibilities under 4.1.a of the agreement is amended to read as follows:

4.1.a The County will pay Animal Control Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above.

Fiscal Year Amount
2021-22 $6,189,290.95
2022-23 $6,327,480.28
2023-24 $6,499,455.67
2024-25 $6,674,024.00
2025-26 $6,858,739.01
2026-27 $7,037,138.11
2027-28 $7,220,177.44
2028-29 $7,407,977.72
Section 4 County Responsibilities under 4.1.b of the agreement is amended to read as follows:

4.1.b The County will pay Animal Licensing Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above (the table in 4.2 includes the payment for the contract Petdata for approximately $1,096,827 for five years, which is $219,365 yearly and which will end on June 30, 2027).

Current Contract
2016-2021
Amount
One year license $4.28 per license
Multi-year license $4.28 for the first year and $2 for each additional year Late fees collected $2.50 collection service fee for each license Replacement tags $4.28 per tag
Bank and supply fees Actual cost
Section 4 County Responsibilities under 4.2 of the agreement is amended to read as follows:

4.2 The County shall provide the administrative services as outlined in this Agreement for the following estimated amounts to be charged to and paid by the Cities. Costs may vary as labor negotiations and internal service charges are negotiated at a Countywide level. Cities will only be invoiced for the actual costs

6.a
Packet Pg. 108 Attachment: Attachment A: Proposed Amendment to Animal Control Agreement Between San Mateo County and Cities (6181 : Amendment to Amendment Template Version May 2021 Page | 2
to provide said services as outlined in this Agreement and are to be reimbursed by the Cities as provided in Section 3.7 above.

Fiscal Year Amount
2021-22 $790,835
2022-23 $790,375
2023-24 $814,086
2024-25 $822,227
2025-26 $846,894
2026-27 $872,301
2027-28 $898,470
2028-29 $925,424
Section 4 County Responsibilities under 4.3.j of the agreement is amended to read as follows:

Section 4 County Responsibilities under 4.3.j has been removed from the agreement.

Section 5 General Provisions under 5.8 Term and Termination of the agreement is amended to read as follows:

5.8 Term and Termination. Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2021 through June 30, 2029.

Except as otherwise provided by this section, this Agreement may not be terminated by any party during the effective period from July 1, 2021 through June 30, 2026. Each City is responsible for its annual percentage share under this Agreement for the entire term of this Agreement.

In the event any City fails to pay its percentage share as set forth in this Agreement and Exhibit B, every other City shall promptly pay its Proportionate Share of Cost of the non-payment, unless and until the County is able to recover the non-payment from the late or non-paying City.

This Agreement shall automatically terminate in the event of termination of the Animal Control Services Agreement. Upon termination, the County shall have no further obligation to provide, facilitate or coordinate services specified herein or in the Animal Control Services Agreement or Animal Licensing Services Agreement. Each City shall promptly pay its Proportionate Share of Cost as set forth in Exhibit B for all services rendered prior to termination.

Section 5 General Provisions under 5.15 Notices of the agreement is amended to read as follows:

5.15 Notices. Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

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in the introduction of this Agreement or at such other address as any City may specify in writing to the County.

In the case of County, to:

Name/Title: Lori Morton-Feazell, Program Manager of Animal Control and Licensing Address: 1600 W. Hillsdale Blvd San Mateo, CA 94402
Telephone: 650.573.2623
Email: [email protected]

4. All other terms and conditions of the agreement dated [Enter information here], between the County and Contractor shall remain in full force and effect.

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IN WITNESS WHEREOF, the Board of Supervisors of the County of San Mateo has authorized and directed the Health System Chief to execute this Agreement for and on behalf of the County of San Mateo. The Cities of Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside have caused this Agreement to be subscribed by its duly authorized officer and attested by its Clerk.

For County:

COUNTY OF SAN MATEO
By:

President, Board of Supervisors, San Mateo County
Date:

ATTEST:

By:

Clerk of Said Board

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5 _____________________________
Dated:

ATTEST:
_____________________________
Town of Atherton, Clerk

TOWN OF ATHERTON
___________________________
by

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6 _____________________________
Dated:

ATTEST:
_____________________________
City of Belmont, Clerk

CITY OF BELMONT
___________________________
by

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7 _____________________________
Dated:

ATTEST:
_____________________________
City of Brisbane, Clerk

CITY OF BRISBANE
___________________________
by

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8 _____________________________
Dated:

ATTEST:
_____________________________
City of Burlingame, Clerk

CITY OF BURLINGAME
___________________________
by

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9 _____________________________
Dated:

ATTEST:
_____________________________
Town of Colma, Clerk

TOWN OF COLMA
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
City of Daly City, Clerk

CITY OF DALY CITY
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
City of East Palo Alto, Clerk

CITY OF EAST PALO ALTO
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
City of Foster City, Clerk

CITY OF FOSTER CITY
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
City of Half Moon Bay, Clerk

CITY OF HALF MOON BAY
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
Town of Hillsborough, Clerk

TOWN OF HILLSBOROUGH
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
City of Menlo Park, Clerk

CITY OF MENLO PARK
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
City of Millbrae, Clerk

CITY OF MILLBRAE
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
City of Pacifica, Clerk

CITY OF PACIFICA
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
Town of Portola Valley, Clerk

TOWN OF PORTOLA VALLEY
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
City of Redwood City, Clerk

CITY OF REDWOOD CITY
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
City of San Bruno, Clerk

CITY OF SAN BRUNO
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
City of San Carlos, Clerk

CITY OF SAN CARLOS
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
City of San Mateo, Clerk

CITY OF SAN MATEO
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
City of South San Francisco, Clerk

CITY OF SOUTH SAN FRANCISCO
___________________________
by

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_____________________________
Dated:

ATTEST:
_____________________________
Town of Woodside, Clerk

TOWN OF WOODSIDE
___________________________
by

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Packet Pg. 131 Attachment: Attachment A: Proposed Amendment to Animal Control Agreement Between San Mateo County and Cities (6181 : Amendment to 1 AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND

THE CITIES OF ATHERTON, BELMONT, BRISBANE, BURLINGAME,

COLMA, DALY CITY, EAST PALO ALTO, FOSTER CITY, HALF MOON BAY,

HILLSBOROUGH, MENLO PARK, MILLBRAE, PACIFICA, PORTOLA

VALLEY, REDWOOD CITY, SAN BRUNO, SAN CARLOS, SAN MATEO,

SOUTH SAN FRANCISCO, AND WOODSIDE FOR FACILITATION AND

COORDINATION OF ANIMAL CONTROL SERVICES

THIS FACILITATION AND COORDINATION OF ANIMAL CONTROL
SERVICES AGREEMENT, hereinafter called “Agreement”, entered into this first day of July, 2021, by and between the COUNTY OF SAN MATEO, hereinafter called “County,” and Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside, each hereinafter individually called a “City” and collectively called the “Cities”;

WITNESSETH
WHEREAS, the Cities have passed and are responsible for enforcing local ordinances governing the regulation, licensing and impounding of certain animals within the territorial limits of the Cities; and WHEREAS, the Cities and County, hereinafter collectively called “Parties”, wish to enter into a written agreement for animal care and control, shelter services, and animal licensing, in which the County agrees to facilitate provision of and the Cities agree to reimburse the County for the costs of specified animal care and control, shelter services, and animal licensing hereinafter set forth, as they have done for over 70 years with the current Agreement expiring on June 30, 2021; and
WHEREAS, in order to facilitate coordinated countywide system of animal care and control, shelter services, and animal licensing as desired by Cities, County is agreeable to facilitating the provision of such services on the terms and conditions as hereinafter set forth; and
WHEREAS, the Cities desire the County facilitate and coordinate animal control and licensing on a countywide basis on behalf of the Cities and County for a term of 5 years ending on June 30, 2026; and

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Packet Pg. 132 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 2 WHEREAS, such agreements are authorized and provided for by Section 51300, et seq. of the California Government Code and under the Parties respective police powers.

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES
HERETO AS FOLLOWS:

1. Exhibits and Attachments
The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A— Contract Areas
Exhibit B— Proportionate Share of Cost
Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA
Attachment 2 - Agreement between County of San Mateo and PetData Inc.

Attachment 3 - Memorandum of Agreement Regarding Funding For Construction Of An Animal Care Shelter

2. Definitions

2.1 Administrative Costs: The actual costs, including, but not limited to, salaries, benefits, dispatch, and equipment maintenance, incurred by the County to administer the Animal Control Program and Animal Licensing Program as outlined in this Agreement in an effort to facilitate a coordinated countywide system.

2.2 Animal Control Contractor: The contractor selected as set forth in Section 5.2 of this Agreement, which is specifically charged with providing services and enforcing laws relating to h animal care and control, shelter services and animal licensing within the territorial limits of the County and the Cities and pursuant to the terms of this Agreement.

2.3 Animal Control Program: The program within the Health System of the County, or County’s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal control within the territorial limits of the County.

2.4 Animal Control Services Agreement or Services Agreement:

Agreement in which the Animal Control Contractor agrees to perform on behalf of Parties and the County agrees to compensate, using County and City funds, the Animal Control Contractor for performance of certain

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Packet Pg. 133 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 3 specified animal care, animal control, and shelter services as provided for in this Agreement.

2.5 Animal Licensing Contractor: The contractor as set forth in Section

5.2 of this Agreement, which is specifically charged with administering and enforcing laws dealing with animal licensing within the territorial limits of the County and the Cities and pursuant to the terms of this Agreement.

2.6 Animal Licensing Program: The program within the Health System of the County, or County‘s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal licensing within its jurisdiction.

2.7 Animal Licensing Services Agreement: Agreement in which the Animal Licensing Contractor agrees to perform on behalf of the Parties and the County agrees to compensate, with County and City funds, Animal Licensing Contractor for performance of certain specified animal licensing services as provided for in this Agreement.

2.8 City or Cities: Any or all of the cities listed in Exhibit A, attached and incorporated by reference herein.

2.9 Holidays: Federally designated holidays with the addition of Easter and exclusion of Columbus Day, in accordance with the Animal Control Contractor’s and Animal Licensing Contractor’s existing labor contracts.

2.10 Impounded Animal: An animal that has been picked up by Animal Control Contractor, other public employee or officer, or by a private citizen and deposited at the County animal shelter.

3. Each City’s Responsibilities

3.1 Delivery of Animals. Any animal taken into custody by an employee or officer of the County or an employee or officer of a City shall be delivered to the Animal Control Contractor at the County animal shelter or held in a humane way at a designated holding area until it can be picked up by Animal Control Contractor.

3.2 Uniform Ordinances and Citation Authority. This Agreement is based on an expectation that each City will adopt and maintain animal control ordinance(s) which are substantially the same as the provisions of Chapters 6.04, 6.12, and 6.16 of Title 6 of the San Mateo County Ordinance Code, as they currently exist or maybe amended by County from time to time, to be effective within each City’s territorial limits. The

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Packet Pg. 134 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 4 fee schedule adopted by each City shall be the same as outlined in Chapter 6.04.290, as may be amended by County from time to time, of the San Mateo County Ordinance Code, hereinafter “County Ordinance”.

City acknowledges that the County plans to amend its animal control ordinances, with the goal for adoption within the next twelve (12) months.

Enforcement of provisions of any City’s ordinance to the extent that it differs substantially from the County Ordinance, as amended by County from time to time, and results in an increase to Animal Control Contractor’s costs, shall be reimbursed directly by the City requiring additional services, as negotiated between the City requiring additional services and the Animal Control Contractor. Provision of services under the Animal Control Services Agreement shall take priority over such additional services provided separately pursuant to this Section.

3.3 Designation of Animal Control & License Revenue Collector. Each City hereby designates the Health System of the County or County’s designated contractor as the entity authorized to collect, at Cities’ cost, animal control and licensing revenue on the part of each City.

3.4 Permits for Public Events. Each City shall request input from the Animal Control Contractor prior to issuing permits for public exhibitions and events which include animals. The Animal Control Contractor is entitled to recover costs directly from the City in which exhibition or event will be located which relate to staffing that may result during or after the exhibition or event. Such costs will be collected by the Animal Control Contractor based on a fee schedule approved by the City in which the event is taking place, or as agreed between the Animal Control Contractor and the individual City. Any agreement with the Animal Control Contractor will require expeditious review of permits and input to the City. The provisions of this paragraph do not apply to public exhibitions and events where the only animals included in such events are anticipated to be service animals or police dogs.

3.5 City Liaison. Each City shall designate a representative to act as a liaison for animal control and licensing administration and enforcement issues for when County requests input from the City. If no contact person is designated, the City contact person shall be the City Manager.

3.6 Defense of Dangerous/Vicious Animal Determinations, Spay/Neuter Requirements, and Service Animal Designations.

Parties acknowledge that each City is and will remain solely responsible for arranging and conducting hearings under its Dangerous and Vicious

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Packet Pg. 135 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 5 Animal, Spay/Neuter, and Fancier Ordinances, including but not limited to providing hearing officers and a location for the hearings. The cost to hold the hearing will be the sole responsibility of each City and collection of the hearing fee, based on the City’s fee ordinance, will be collected and retained by the City.

However, the Parties agree that, at a City’s option and for its convenience, a City may utilize County offices and/or the services of the County hearing officers for purposes of conducting Dangerous/Vicious Animal Hearings under the provisions of each City’s Dangerous and Vicious Animal Ordinance, Spay/Neuter Hearings under the provision of each City’s Spay/Neuter Ordinance, and/or Fancier Hearings under the provision of each City’s Fancier Ordinance. The hearing fee, based on the City’s fee ordinance, will be collected from the person requesting the hearing by the County under the terms of this Agreement, if possible. If such fee is not collected, the City shall remain responsible for such costs.

The Parties also recognize that in the event a City elects to utilize the services of a County hearing officer, the City remains solely responsible for the defense of any appeal of or challenge to an administrative decision rendered by the hearing officer. Further, the City remains responsible for any claims, damages, costs or other losses resulting from any decision, act or omission of the hearing officer acting in the course and scope of his or her capacity as hearing officer or from any court judgment based on claims, actions or appeals resulting from Dangerous/Vicious Animal hearings, decisions or findings; Spay/Neuter requirements, hearings, decisions or findings; and/or Fancier requirements, hearings, decisions or findings made under each City’s ordinances.

Furthermore, the Parties agree that, at a City’s option and for its convenience, County offices will issue Service Animal tags and Breeder/Fancier Permits on behalf of each City upon County’s determination that such tag or permit shall be issued on behalf of the City. Each City shall remain responsible for the decision to issue or not issue a Service Animal tag and/or issue or not issue a Breeder or Fancier Permit and shall remain responsible the defense of any action or claim and payment of any claims, damages, costs, or other losses resulting from such decision.

3.7 In consideration of the services that will be coordinated and facilitated by County and provided by the Animal Control Contractor and Animal Licensing Contractor in accordance with all terms, conditions, and specifications set forth herein, and in the exhibits and attachments incorporated by reference herein, each City shall pay County based on

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Packet Pg. 136 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 6 the rates and in the manner specified below.

Proportionate Share of Costs. Each City’s proportionate share of the cost of services (“Proportionate Share of Costs”) provided under this Agreement shall be calculated as a percentage representing:
a. That City’s percentage of total field services provided, averaged over the prior three calendar years;
b. That City’s percentage of total shelter services provided, averaged over the prior three calendar years;
c. With field services weighted at 41% and shelter services weighted at 59%.

Net Program Costs. Each City shall pay the net program costs attributable to that City (“Net Program Costs”) which will be calculated as follows:
a. Determine total expenses for all services including Administrative Costs as defined in Section 2 of this Agreement and Animal Control Contractor and Animal Licensing Contractor costs;
b. Subtract all revenue received, not including licensing revenue; c. Attribute the balance to each City based on that City’s Proportionate Share of Costs.
d. Subtract from each City’s share of the balance the actual licensing revenue collected for that City during the previous calendar year.

Annual Invoices. Each City will be invoiced for its Net Program Costs as follows:
a. The County will calculate each City’s Proportionate Share of Costs, estimate Net Program Costs for the following fiscal year (July 1 – June 30), and will send an estimated invoice containing that information to each City no later than March 31st of each year; b. The County will send a final invoice (“Final Invoice”) based on actual Net Program Cost to each City no later than December 15th of each year; and
c. Each City shall pay the County the amount shown on the Final Invoice no later than February 28th of each year.

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Packet Pg. 137 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 7 4. County Responsibilities

4.1 Payments to be paid to Animal Control Contractor and Animal Licensing Contractor by the County and each City are as follows:
a. The County will pay Animal Control Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above.

Fiscal Year Amount
2021-22 $6,189,290.95
2022-23 $6,327,480.28
2023-24 $6,499,455.67
2024-25 $6,674,024.00
2025-26 $6,858,739.01
b. The County will pay Animal Licensing Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above (the table in 4.2 includes the payment for the contract Petdata for approximately $192,000).

Current Contract
2016-2021
Amount
One year license $4.28 per license
Multi-year license $4.28 for the first year and $2 for each additional year
Late fees collected $2.50 collection service fee for each license Replacement tags $4.28 per tag
Bank and supply fees Actual cost

Fiscal Year Amount
2021-22 $790,835
2022-23 $790,375
2023-24 $814,086
2024-25 $822,227
2025-26 $846,894

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Packet Pg. 138 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 8 4.3 In consideration of the payment provided for in Sections 3.7 and 4.2, the County shall, for the administrative convenience of the Cities and for the purpose of coordinating animal services countywide, provide the additional following administrative services:
a. Work with the City Attorney, designated City liaison or City Manager of each City on any issues that require input from the City, including, but not limited to, during and following the administrative hearing process.
b. Collect, maintain, and report available data as requested by each City, including, but not limited to, annual Performance Measures.

The Animal Control Program Manager or designee will monitor the performance of the Animal Control Contractor and Animal Licensing Contractor and will notify the City Liaison if there is a deficiency in service found. A meeting will be scheduled with Contractor and City liaisons to discuss a plan to correct the service deficiency.
c. With direction from each City, respond on behalf of each City to public inquiries regarding the Animal Control Program and the Animal Licensing Program.
d. Provide monthly report showing field, shelter, licensing activities, and Dangerous Animal Permit holders.
e. Provide dispatch services for after-hours/holiday calls for animal control and licensing.
f. Provide radio maintenance services on radio equipment owned by the Parties and used to perform services as outlined in Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA – Attachment M - County-Owned
Radio Equipment.
g. For the convenience of the Cities, provide animal licensing tags for dogs, cats, animals held under a Dangerous Permit, and animals designated as Service Animals.
h. For the convenience of the Cities, make reasonable attempts to collect and provide collection services for:

1. Animal control fees that are deemed uncollectable by the Animal Control Contractor after reasonable efforts by the Contractor to collect; and

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Packet Pg. 139 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 9 2. Licensing fees that are deemed uncollectable by the Animal Licensing Contractor after reasonable efforts by the Contractor to collect; and

3. Any other fees for services provided to each City under the terms of this Agreement.

The County’s cost to provide collection services will be included in the administrative cost to facilitate this Agreement. The Cities acknowledge and agree that the County is not responsible for any fees that remain uncollected after reasonable efforts are made to collect. In the event that a City determines that additional collection efforts are warranted, it may undertake such efforts at its own expense. Any shortfall in revenues caused by uncollected fees shall be the responsibility of all Cities based on the proportionate share of costs.
i. Annually provide each City with the audit report required and completed as outlined in Attachment 1.
j. Annually, arrange and oversee a performance audit or fiscal assessment following the, Generally Accepted Government Auditing Standards (GAGAS) to assess whether the Animal Control Contractor is achieving efficiency and effectiveness in performance of the services provided and provide a copy of the performance audit to the Cities. The parameters of the audit and cost will be determined by a subgroup of all Parties through a County Request for Proposal process. Cities will be invoiced for the actual cost of said audit as outlined in Section 3.7 (estimate cost of $81,000 has been added to the administrative cost table in section 4.2). k. For Spay/Neuter Assistance Vouchers:

1. Allocate one dollar from each annual license fee paid for a dog or cat to:
i. When funds are available as determined by the County, assist pet owners and feral cat advocates with the cost to alter the dogs, cats, and feral cats that reside in the County on a county wide basis; and
ii. As funds are available as determined by the County, execute outreach efforts to educate residents on the
responsibilities of owning a pet and the importance of
altering, vaccinating, and licensing all dogs and cats.

2. Issue, monitor and maintain a dog, cat, and feral cat database, allocating funds to the appropriate category of need based on the public’s requests.

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Packet Pg. 140 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 10 l. Pursuant to Section 3.6 of this Agreement, under the guidelines of the US Department of Justice and the Americans With Disabilities Act’s definition of “Service Animal” for the administrative convenience of each City, and acting as a representative of each City, issue Service Animal tags on behalf of each City upon determination by the County on behalf of the City that such tag shall be issued.
m. If each City’s ordinance so authorizes and the City so requests, review and process each City residents’ requests and maintain files for Breeders and Fanciers Permits.
n. Dangerous Animal Designations:

1. Issue Dangerous Animal tags when an animal has been so designated by a peace officer employed by any City or County or the Animal Control Contractor as such; and

2. The County will invoice annually and make reasonable efforts to collect applicable fees for Dangerous Animal Permit holders; and

3. Monitor data received from Animal Control Contractor; and

4. Send monthly updated reports to each City’s representative. o. Pursuant to Section 3.6, for the administrative convenience of each City, and acting as a representative of each City, conduct administrative hearings for Dangerous and Vicious Animal designations under the guidelines of the applicable City’s ordinance.
p. Pursuant to Section 3.6, for the administrative convenience of each City and acting as a representative of each City, conduct mandatory spay/neuter and/or fancier permit administrative hearings under the guidelines of the applicable City’s ordinance, if any.
q. Provide in-person customer service at a minimum of two County locations that are open during normal business hours to enable residents the ability to obtain animal licenses and/or permits for all dogs and cats.
r. Work with San Mateo County veterinarians to ensure anti-rabies vaccination reporting as required by the County.
s. Receive, import, and export licensing and vaccination information from the Animal Licensing Contractor into the Animal Control Contractor database and vice versa on a weekly basis.

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Packet Pg. 141 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 11 t. Under the guidance of the County’s Health Officer, review and process requests from pet owners to exempt their pet from the requirement to obtain an anti-rabies vaccination as required by State law or County ordinance and report annually to the Department of Public Health.
u. Invoice animal owners pursuant to the County Fee Schedule

6.04.290, and similar City fee schedules, following a bite incident that requires a quarantine of said animal.

5. General Provisions

5.1 Existing Agreements. Upon execution of this Agreement, any prior existing agreements between the Cities and the County to facilitate and coordinate Animal Control and Animal Licensing Services will be terminated.

5.2 Contracting for Services. It is expressly understood and agreed that the County will contract with the Peninsula Humane Society and SPCA, a California nonprofit public benefit corporation (Animal Control Contractor), or such other contractor as the Board of Supervisors and Cities may designate, for the provision of Animal Control Services including field enforcement, shelter and treatment services referred to herein. Additionally, it is expressly understood and agreed that the County will contract with PetData, Inc. or such other contractor (Animal Licensing Contractor) as the Board of Supervisors and Cities may designate, for the provision of Animal Licensing Services.

Shelter Services. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.

Field Services. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.

Veterinary Medical Services. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.

Operations. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.

5.3 Animal Shelter.

The Parties acknowledge:

1. That the new Animal Care and Control Shelter has been constructed and Contractor Peninsula Humane Society & SPCA is and will be occupying it for the term of this Agreement in order to provide animal

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Packet Pg. 142 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 12 control services as set forth in Attachment 1.

2. The Parties have previously entered into a Memorandum of Agreement regarding Funding of Construction of an Animal Care Shelter, dated September 9, 2014 (“Memorandum”), attached and incorporated as Attachment 3. The Parties agree that the total cost of the shelter construction project is being updated as provided by Section 2 of the Memorandum, and the Parties agree that, when available, County will provide to Cities the final total cost of the Shelter construction which will be paid proportionately by each City as provided by the Memorandum. Further, the Parties acknowledge and agree that the proportionate share of each City will be amended as provided by section 3 of the Memorandum. The Parties acknowledge that continued animal control and shelter services to a City as provided herein is contingent on that City approving any amended cost and paying its proportionate share, as previously agreed in the Memorandum”.

5.4 Facilities & Equipment.
a. If the County chooses, at its own discretion, to replace equipment, at reasonable expense, but not to exceed $125,000, that is used by the Animal Control Contractor and/or the Animal Licensing Contractor solely for the purpose of providing services under this Agreement, Cities agree that they will be financially responsible for the purchase cost of said equipment based on their
Proportionate Share of Cost.

In the event that any party asserts that an emergency safetyrelated repair is needed to the portions of the County Animal Care and Control Shelter located at 12 Airport Boulevard in the City of San Mateo that are used to provide contracted animal control services and/or the County chooses to replace
equipment, at its own discretion, and the cost of said equipment exceeds $125,000, the Parties agree to meet in good faith to determine and agree which maintenance or repairs are required, whether or not such repair work shall be undertaken, or if said equipment should be replaced.

If the Parties terminate this Agreement or the Parties do not renew this Agreement, all Parties agree to be financially responsible in their Proportionate Share of Cost as set forth in Exhibit B for the remaining cost of any lease for vehicles or equipment used by the County’s designated contractor solely for the purpose of providing services under this Agreement.

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Packet Pg. 143 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 13 b. Animal Control Contractor will send the County a quarterly itemized report showing the repairs and maintenance performed at the facility.
c. If Parties choose to terminate for reasons other than material breach of the Animal Control Contractor’s Services Agreement or Parties choose not to renew the Animal Control Contractor’s Services Agreement, County and Cities shall be financially responsible for the remaining cost of any lease for vehicles or equipment used by the Animal Control Contractor solely for the purpose of the Animal Control Contractor’s Services Agreement.

5.5 Fiscal and Program Monitoring. Each City agrees to participate annually with County to discuss financial or programmatic issues including, but not limited to, licensing activities, revenue sources, performance measures, and ordinance revisions. The County or any City may request a special meeting for this purpose and upon the provision of reasonable notice.

Any changes in the amount to be paid to the Animal Control Contractor or the Animal Licensing Contractor shall require the Board of Supervisors and the affected City’s approval.

5.6 Use of Program Revenue. Each City agrees that all fees collected by the County and/or the Animal Control Contractor and the Animal Licensing Contractor, or both, for the purposes outlined in this Agreement shall be retained by the County and used to cover the cost of services provided under this Agreement, except for services provided directly by or for a City and where fees are collected by said City for services provided as described in Section 3.4 and 3.6 of this Agreement.

5.7 Maintenance of Records. Records of animals impounded including the description of each animal, date of receipt, date and manner of disposal, treatment received, the name of the person redeeming or adopting the animal, and the fees, charges and proceeds of adoption shall be maintained by the County, through the Animal Control Contractor, and made available to the Cities. In addition, statistical information shall be provided on a monthly, quarterly and annual basis to the Cities summarizing various field enforcement and shelter activities occurring in each City and shelter activities initiated by residents of each City.

5.8 Term and Termination. Subject to compliance with all terms and

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Packet Pg. 144 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 14 conditions, the term of this Agreement shall be from July 1, 2021 through June 30, 2026.

Each City shall promptly pay its Proportionate Share of Cost as set forth in Exhibit B for all services rendered prior to termination.

5.9 Amendments: Entire Agreement. Amendments to this Agreement must be in writing and approved by the County Board of Supervisors and the governing body of each City. This is the entire Agreement between the Parties and supersedes any prior written or oral agreements inconsistent herewith.

This Agreement, including the Exhibits and Attachments which are incorporated herein by this reference, constitutes the entire Agreement of the Parties to this Agreement regarding the subject matter of this Agreement, and correctly states the rights, duties, and obligations of each party as of the Effective Date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit to this Agreement, the provisions of the body of this Agreement shall prevail.

Any prior agreement, promises, negotiations, or representations, whether oral or written, between the parties not expressly stated in this Agreement are superseded. All subsequent modifications or amendments to this Agreement shall be in writing and signed by the Parties.

5.10 Controlling Law and Venue. The validity of this Agreement and of its terms or provisions, the rights and duties of the parties under this

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Packet Pg. 145 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 15 Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

5.11 Additional Services. Nothing contained herein shall preclude any City from contracting separately for the provision of a higher level of service.

Any contract increasing the level of services will be supplemental to this Agreement and will not affect the level of service provided for in this Agreement.

5.12 Relationship of Parties. The Parties agree and understand that the work/services performed or facilitated under this Agreement are performed or facilitated by an independent Contractor, and not by an employee of any City and that neither the County, its employees, the Animal Control Contractor, or the Animal Licensing Contractor acquire any of the rights, privileges, powers, or advantages of City employees, and vice versa; however, the County may act as an agent on behalf of each City where expressly set forth herein and, in such instances, each City shall hold harmless, indemnify and defend the County from and against any claims of any kind and/or actions for damages arising out of the County’s actions undertaken on behalf of each City as set forth herein.

5.13 Hold Harmless.
a. Each City shall hold harmless, indemnify and defend the County, its officers, employees and agents from and against any and all claims, suits or actions of every kind brought for or on account of injuries or death of any person or damage to any property of any kind whatsoever and whomsoever belonging which arise out of the performance or nonperformance of each City’s covenants and obligations under this Agreement and which result from the negligent or wrongful acts of each City or its officers, employees, or agents, including, but not limited to, those claims, suits, or actions arising from activities performed by the County as a representative of the City as set forth in Sections 3.6 and 4.2. b. The County shall hold harmless, indemnify and defend each City, its officers, employees and agents from and against any and all claims, suits or actions of any kind brought for or on account of injuries to or death of any person or damage to any property of any kind and to whomsoever belonging which arise out of the performance or non-performance of the County’s obligations

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Packet Pg. 146 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 16 under this Agreement and which result from the negligent or wrongful acts of the County, its officers or employees. This provision requiring the County to hold harmless, indemnify and defend each City shall expressly not apply to claims, losses, liabilities or damages arising from actions or omissions, negligent or otherwise, of the Animal Control Contractor or the Animal Licensing Contractor, or their officers, employees or agents, under the services agreements with the County. Further, this provision requiring the County to hold harmless, indemnify and defend each City shall not apply to acts or omissions of the County done on behalf of each City in performing administrative tasks for the convenience of and as representative of each City, including but not limited to those set forth in Sections 3.6 and

4.2. c. In the event of concurrent negligence of the County, its officers or employees, and the City, its officers and employees, the liability for any and all claims for injuries or damages to persons and/or property or any other loss or costs which arise out of the terms, conditions, covenants or responsibilities of this agreement shall be apportioned according to the California theory of comparative negligence.
d. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that with respect to activities performed by the Animal Control Contractor or the Animal Licensing Contractor in the Cities’ territorial limits, the County serves solely as a Contract Administrator and solely with respect to the specific obligations contained within this Agreement and the agreements between the County and the Animal Control Contractor and the Animal Licensing Contractor. Accordingly, in the event the County or the Cities are sued and the suit is related in any manner to actions taken by the Animal Control Contractor or the Animal Licensing Contractor solely in a particular City or the Cities, the particular City or Cities, as the case may be, will hold harmless, indemnify and defend the County, and any other City that is named as a defendant in that suit from and against any and all claims, losses or costs. In the event a City or the Cities are sued and the suit relates in any manner to actions taken by the Animal Control Contractor or the Animal Licensing Contractor solely in the unincorporated area of the County, the County will hold harmless, indemnify and defend the City or Cities named as a defendant or defendants in that suit from and against any and all claims, losses or costs.
e. The County agrees that in its Service Agreements with the Animal

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Packet Pg. 147 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 17 Control Contractor, the County will require the Animal Control Contractor to indemnify each City to the same extent that the County is indemnified and to name each City as a third party beneficiary to the County’s Agreements with the Animal Control Contractor and/or the Animal Licensing Contractor.
f. These indemnification and hold harmless clauses shall survive termination of this Agreement and shall apply whether or not any insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

5.14 Non-Discrimination. No person shall illegally be excluded from participation in, denied the benefits of, or be subjected to discrimination under this Agreement on account of their race, color, religion, national origin, age, gender, sexual orientation, ancestry, marital status, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran’s status.

Any notices required by or given pursuant to this Agreement to any City shall be in writing and shall be delivered to the Clerk of that City at the address of the principal business offices of the respective City listed in the introduction of this Agreement or at such other address as any City may specify in writing to the County.

In the case of County, to:

Name/Title: Lori Morton-Feazell, Program Manager of Animal Control and Licensing
Address: 225-37th Avenue San Mateo, CA 94403
Telephone: 650.573.2623
Email: [email protected]

5.16 Condition Precedent. If this Agreement is not adopted by all twenty Cities, it will become null and void in its entirely except that in such an event, the County and any of the cities which are in agreement with the terms and conditions of this Agreement may use it as the grounds for considering an Agreement which may be acceptable to those parties.

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Packet Pg. 148 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 18 5.17 Electronic Signature. All Parties agree that this Agreement and future documents relating to this Agreement may be digitally signed in accordance with California law and the County’s Electronic Signature Administrative Memo and the Parties understand and agree that electronic signatures shall be deemed as effective as an original signature.

5.18 Counterparts. The Parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

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Packet Pg. 149 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 19 IN WITNESS WHEREOF, the Board of Supervisors of the County of San Mateo has authorized and directed the Health System Chief to execute this Agreement for and on behalf of the County of San Mateo. The Cities of Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside have caused this Agreement to be subscribed by its duly authorized officer and attested by its Clerk.

Dated: COUNTY OF SAN MATEO
____________ _____________
President, Board of Supervisors
Resolution No. 078244(b)
June 29, 2021

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Packet Pg. 150 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend Dated:

ATTEST: TOWN OF ATHERTON
_________________________________
Town of Atherton, Clerk By

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Packet Pg. 151 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend Dated:

ATTEST: CITY OF BELMONT
_________________________________
City of Belmont, Clerk By
5/26/2021

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Packet Pg. 152 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend

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Packet Pg. 153 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend

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Packet Pg. 154 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend

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Packet Pg. 155 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend Shawnna Maltbie
City Manager
May 25, 2021

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Packet Pg. 156 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend

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Packet Pg. 157 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend Dated:

ATTEST: CITY OF FOSTER CITY
_________________________________
City of Foster City, Clerk By

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Packet Pg. 158 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend Dated:

ATTEST: CITY OF HALF MOON BAY
_________________________________
City of Half Moon Bay, Clerk By

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Packet Pg. 159 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend

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Packet Pg. 160 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend Dated:

ATTEST: CITY OF MENLO PARK
_________________________________
City of Menlo Park, Clerk By

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Packet Pg. 161 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend

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Packet Pg. 162 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend

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Packet Pg. 163 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend Dated:

ATTEST: TOWN OF PORTOLA VALLEY
_________________________________
Town of Portola Valley, Clerk By

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Packet Pg. 164 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend

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Packet Pg. 165 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend

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Packet Pg. 166 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend Dated:

ATTEST: CITY OF SAN CARLOS
_________________________________
City of San Carlos, Clerk By

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Packet Pg. 167 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend Dated:

ATTEST: CITY OF SAN MATEO
_________________________________
City of San Mateo, Clerk By
__________

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Packet Pg. 168 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend

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Packet Pg. 169 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend

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Packet Pg. 170 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 40 EXHIBIT A

CONTRACT AREAS
The following Cities have contracted for services pursuant to this Agreement:

Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
Menlo Park
Millbrae
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside

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Packet Pg. 171 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 41 EXHIBIT B

PROPORTIONATE SHARE OF COST
FY 2021-22 Proportionate Share of Cost:

Atherton 0.70%
Belmont 2.58%
Brisbane 0.90%
Burlingame 3.74%
Colma 0.53%
Daly City 10.13%
East Palo Alto 8.70%
Foster City 2.15%
Half Moon Bay 2.50%
Hillsborough 1.16%
Menlo Park 4.59%
Millbrae 1.92%
Pacifica 5.07%
Portola Valley 0.37%
Redwood City 12.55%
San Bruno 6.09%
San Carlos 3.15%
San Mateo 15.61%
South San Francisco 10.27%
Woodside 1.03%
County 6.27%

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Packet Pg. 172 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 1 Agreement No. _________________________

AGREEMENT FOR ANIMAL CARE AND CONTROL SERVICES BETWEEN THE

COUNTY OF SAN MATEO AND PENINSULA HUMANE SOCIETY & SPCA, A

CALIFORNIA NONPROFIT CORPORATION
This Agreement is entered into this first day of July, 2021, by and between the County of San Mateo, a * * *
Whereas, pursuant to statutory authority including but not limited to, Section 31000 of the California Government Code, Section 31106 of the Food and Agriculture Code, and Sections 14501 and 14503 of the Corporations Code, County may contract with independent contractors for the furnishing of animal care, control and shelter services to or for County or any Department thereof; and Whereas, it is necessary and desirable that Contractor be retained for the purpose of providing Animal Care, Control, and Shelter services to the County and participating cities as set forth in this Agreement for Therefore, it is agreed by the parties to this Agreement as follows:

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A Services
Exhibit B - Payments and Rates
Exhibit C Excluded Services
Exhibit D Contract Areas (County and Participating Cities) Exhibit E Fees to be Collected for Services Provided
Exhibit F Five-Year Budget
Attachment H - Health Insurance Portability and Accountability Act (HIPAA) Business Associate Requirements
Attachment I - Fingerprinting Certification Form
Attachment J - Rabies Algorithm
Attachment K - Animal Shelter Facility Use and Maintenance Agreement Attachment L - Peninsula Humane Society Holidays
Attachment M County-Owned Radio Equipment

2. Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for County and Participating Cities listed on Exhibit D in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A, and the other Exhibits and Attachments incorporated by reference into this Agreement.

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Packet Pg. 173 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 2 3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A and other Exhibits and Attachments incorporated into this Agreement, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. Payments shall begin within 45-days after Contractor and County each execute this Agreement.

County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. If County exercises this right, it must first provide Contractor with a 30-day written notice of intent to withhold payment wherein County describes the nature of the unacceptable If Contractor fails to
remedy unacceptable work after having received thirty days prior written notice, then County may delay payment until the deficiency is corrected. However, if Contractor reasonably demonstrates that it is not feasible to remedy the unacceptable work within thirty days, Contractor shall have up to an additional thirty days to remedy the work before payment will be withheld.

In no event shall C THIRTY TWO MILLION

FIVE HUNDRED FORTY EIGHT THOUSAND NINE HUNDRED EIGHTY NINE DOLLARS AND NINETY ONE CENTS ($32,548,989.91). In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this Agreement.

4. Term
Except as otherwise provided herein, and subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2021 through June 30, 2026. The parties may extend the term for an additional three years if the parties mutually agree in writing. This Agreement becomes effective only after all jurisdictions identified on Exhibit D as Participating Cities adopt it by entering into the agreement for animal control services between the County and participating cities. If such County/Services Agreement is not adopted by all jurisdictions shown on Exhibit D, this Services Agreement is null and void in its entirety unless Contractor and any of the jurisdictions shown on Exhibit D agree to use it as the basis for a Services Agreement applicable to those parties providing such written consent, with such changes in payment, scope of service, and other terms as the parties may agree.

5. Termination
This Agreement may be terminated by Contractor or County or designee at any time without a advance written notice to the other party. Contractor shall be entitled to receive payment for services provided prior to the effective date of termination of the Agreement. Such payment shall be the prorated portion of the full payment determined by comparing the services actually completed to the services required by the Agreement. The Contractor shall have no right to or claim against the County or any Participating City for the balance of the contract amount.

In the event of a material breach of this Agreement by either party, the other party shall notify the breaching party of such material breach and that such breach must be cured within thirty (30) calendar days of the notice, except that if the breaching party reasonably demonstrates that it is not feasible to cure the breach within thirty (30) calendar days, the breaching party shall have the number of days

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Packet Pg. 174 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 3 beyond thirty (30) calendar days reasonably needed to cure the breach up to an additional thirty (30) calendar days.

In the event the breaching party does not cure the material breach within the applicable time period, the notifying party may immediately terminate this Services Agreement or seek any other applicable legal remedies for such material breach. Termination is effective on the date specified in the written notice. In any event of termination under this paragraph, Contractor shall be paid for all approved work performed prior to termination. Contractor shall have no right to, or claim against County or any contracting City for, the balance of the contract amount.

6. Contract Materials
At the end of the term of this Agreement, or in the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and other written materials (collectively referred to become the property of County and shall be promptly delivered to County. Upon termination, Contractor may make and retain a copy of such contract materials if permitted by law.

7. Relationship of Parties
Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent contractor and not as an employee of County and that neither Contractor nor its employees acquire any of the rights, privileges, powers, or advantages of County employees.

8. Hold Harmless and Indemnification
Contractor shall hold harmless and indemnify the County, and each Participating City listed in Exhibit D as third party beneficiaries of this Agreement, their officers, agents, and employees from all claims, suits or actions of every name, kind and description, brought for, or on account of: injuries to or death of any person, including but not limited to Contractor or its agents, officers or employees, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to Contractor or its agents, officers, or employees, or any other loss or cost, resulting from the performance or nonperformance of any work or obligations required by the Agreement of Contractor; any sanctions, requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; and/or from any activities undertaken by Contractor, its officers, employees or agents, under this Agreement, and which result from the negligent or intentional acts or omissions of Contractor, its officers or employees.

The duty of Contractor to hold harmless and indemnify as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

County shall hold harmless and indemnify the Contractor, its officers, agents, and employees from all claims, suits or actions of every name, kind and description, brought for, or on account of injuries to or death of any person, including but not limited to County or its agents, officers or employees, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to County or its agents, officers, or employees, or any other loss or cost, resulting from the performance or nonperformance of any work or obligations required by the Agreement of County; any sanctions, pe
requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; and/or from any activities undertaken by County, its officers, employees or agents, under this Agreement, and which result from the negligent or intentional acts or omissions of County, its officers or employees.

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Packet Pg. 175 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 4 The duty of County to hold harmless and indemnify, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

In the event of concurrent negligence of the County, its officers, agents and/or employees, and the Contractor, its officers, agents and/or employees, then the liability for any and all claims for injuries or damages to persons and/or property or any other loss or costs which arise out of the terms, conditions, covenants, promises and responsibilities of this Agreement, shall be apportioned according to the California theory of comparative negligence. This provision shall survive termination of this Agreement.

9. Assignability and Subcontracting
Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of County.
right to automatically and immediately terminate this Agreement without penalty or advance notice.

10. Insurance
a. General Requirements
Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved such approval. Contractor shall furnish County with certificates of insurance evidencing the required to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide
any pending change in the limits of liability or of any cancellation or modification of the policy. b.

Contractor shall have in
In signing this Agreement, Contractor
certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for -insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement.
c. Liability Insurance
Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.

Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amounts specified below:
(a) $1,000,000

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Packet Pg. 176 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 5 (b) $1,000,000
(c) $1,000,000
County and its officers, agents, and employees and participating cities and their officers, agents and employees shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to County and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the County or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.

In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, County, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work and payment pursuant to this Agreement.

11. Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.

Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.

12. Non-Discrimination and Other Requirements
a. General Non-discrimination
No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information.
b. Equal Employment Opportunity
Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement.
to County upon request.

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Packet Pg. 177 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 6 c. Section 504 of the Rehabilitation Act of 1973
Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of any services this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement.
d.

Contractor shall comply with all laws relating to the provision of benefits to its employees and their spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the provision of such benefits on the basis that the spouse or domestic part is of the same or opposite sex as the employee.
e. Discrimination Against Individuals with Disabilities The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R. 60 741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.
f. History of Discrimination
Contractor certifies that no finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other investigative entity. If any finding(s) of discrimination have been issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or other investigative entity, Contractor shall provide County with a written explanation of the outcome(s) or remedy for the discrimination prior to execution of this Agreement. Failure to comply with this Section shall constitute a material breach of this Agreement and subjects the Agreement to immediate termination at the sole option of the County. g. Reporting; Violation of Non-discrimination Provisions Contractor shall report to the County Manager the filing in any court or with any administrative agency of any complaint or allegation of discrimination on any of the bases prohibited by this Section of the Such duty shall include reporting of the filing of
any and all charges with the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other entity charged with the investigation or adjudication of allegations covered by this subsection within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include a general description of the circumstances involved and a general description of the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race-based discrimination).

Final adjudication in an appropriate forum determining that a violation of the non-discrimination provisions of this Agreement occurred, shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager from among the following:

6.b
Packet Pg. 178 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 7 i. termination of this Agreement; and/or
ii. liquidated damages of $2,500 per violation; and/or
iii. no penalty based on the County Manager determining that the incident does not warrant further action; and/or
iv. imposition of other applicable civil remedies and sanctions as provided by law.

To effectuate the provisions of this Section, the County Manager shall have the authority to offset all or any portion of the amount described in this Section against amounts due to Contractor under this Agreement or any other agreement between Contractor and County. h. Compliance with Living Wage Ordinance
As required by Chapter 2.88 of the San Mateo County Ordinance Code, Contractor certifies all contractor(s) and subcontractor(s) obligated under this contract shall fully comply with the provisions of the County of San Mateo Living Wage Ordinance, including, but not limited to, paying all Covered Employees the current Living Wage and providing notice to all Covered Employees and Subcontractors as required under the Ordinance.

13. Compliance with County Employee Jury Service Ordinance Contractor shall comply with Chapte
shall have and adhere to a written policy providing that its employees, to the extent they are full-time employees and live in San Mateo County, shall receive from the Contractor, on an annual basis, no fewer than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for each day of actual jury service. The policy may provide that such employees deposit any fees received for such jury service with
the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following written statement to County:
certifies that it has no full-time employees who live in San Mateo County. To the extent that it hires any such employees during the term of its Agreement with San Mateo County, Contractor shall adopt a policy The requirements of Chapter 2.85 do
-hundred
this Agreement is amended such that its total value meets or exceeds that threshold amount.

14. Retention of Records; Right to Monitor and Audit
(a) Contractor shall maintain all required records relating to services provided under this Agreement for four (4) years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by County, a Federal grantor agency, and the State of California.
(b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by County including additional audit requirements as set forth herein.
(c) Contractor agrees upon reasonable notice to provide to County, to any Federal or State department respective audit agencies access to and the right to examine all records and documents necessary to

6.b
Packet Pg. 179 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 8 determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.
(d) County agrees that if any entity or person makes a request under the California Public Records Act (CPRA) or an analogous federal, state, or local law or regulation to the County or a Participating City, of which County is aware, for documents or records possessed by Contractor but not by the County or Participating City, relating to this Agreement, or documents that Contractor submitted in its response to the request for proposals related to this Agreement and marked confidential, or documents related to the negotiation, or finalization of this Agreement, County will notify Contractor of such request. If Contractor fails to respond within 72 hours, Contractor shall be deemed to stipulate that the requested documents are subject to disclosure pursuant to the request and Contractor shall immediately thereafter make copies of the documents available to the County or a participating City, as the case may be, for disclosure to the requesting party.

If Contractor responds to the County within 72 hours of such notice by the County and asserts, in writing, that exemptions to disclosure requirements under the CPRA apply, and the County or Participating City as applicable agrees that such documents are not subject to disclosure, in whole or in part, under the CPRA, Contractor shall provide a redacted copy of the documents for County or City to disclose in lieu of unredacted documents for any documents that must be disclosed. In the event that County or the to disclosure, in order to prevent disclosure of such documents, Contractor shall promptly and in any case within ten (10) calendar days of notice of the request, seek a protective court order for non-disclosure of any such records. If Contractor fails to obtain a protective order, such documents may be disclosed by County or City. Contractor shall indemnify and hold harmless County and Participating Cities for any not subject to disclosure.

15. Merger Clause; Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, dutie In the event that any term, condition,
provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.

16. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

6.b
Packet Pg. 180 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 9 17. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of County, to:

Name/Title: Lori Morton-Feazell / Health Services Manager Address: 225-37th Avenue, San Mateo, CA 94403
Telephone: 650-573-3726
Email: [email protected]
In the case of Contractor, to:

Name/Title: Anthony Tansimore / President
Address: 1450 Rollins Road, Burlingame, CA 94010-2307
Telephone: 650-340-7022 ext. 309
Email: [email protected]

18. Electronic Signature
Both County and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with Cali Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.

19. Payment of Permits/Licenses
Contractor bears responsibility to obtain any license, permit, or approval required from any agency for commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

6.b
Packet Pg. 181 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 10 * * *
representatives, affix their respective signatures:

For Contractor: Peninsula Humane Society & SPCA, a California Nonprofit Corporation __________________________
Contractor Signature
_______________
Date
_________________________
Contractor Name (please print)

COUNTY OF SAN MATEO
By:

President, Board of Supervisors, San Mateo County
Date:

ATTEST:

By:

Clerk of Said Board
Resolution No. 078244(b)
June 29, 2021

6.b
Packet Pg. 182 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 11 Exhibit A
In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:

I. COMMON GOALS
A. All parties agree to work on updating a new animal control ordinance during the next 12 months to include the availability of administrative citations.

B. County and Contractor will provide Participating Cities (as defined in exhibit D to this Agreement) with information about the services provided by Contractor and excluded services. In the event the County receives a complaint from an official from a Participating City regarding the quantity or quality of services provided under this Agreement, the County will promptly forward such complaint to Contractor so that the parties may make good faith efforts to promptly resolve the issue and Contractor agrees to meet with officials from the County and/or Participating Cities as may be necessary to resolve such complaints.

II. POLICIES AND PROCEDURES
A. All policies and procedures shall be developed with the goal of animal welfare, enhancing the cost efficiency and quality of services provided to the County and Participating Cities, and to reflect best practices in the industry for animal control and care.
annually submitted to a committee of County and Participating City representatives, with committee members to be designated by the County Manager or designee. The Contractor and committee members will work in good faith to resolve any differences or concerns regarding policies and procedures.

B. The Contractor must establish comprehensive written policies and procedures for proper care and handling of animals.

C. Such policies and procedures shall address all subjects encompassed by the scope of this Agreement, including shelter, veterinary care, and field services. Proper care includes but is not limited to, appropriate food and water, regular cleaning of kennels and cages, humane handling, veterinary care and a vaccination schedule including rabies vaccinations.

D. Contractor shall establish policies and procedures in accordance with the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, and/or other currently accepted best practices for animal sheltering. Policies and Procedures shall focus on these areas:

1. Medical Health and Physical Well-Being

2. Euthanasia

3. Environment

4. Kennels/Cages

5. Capacity for Care

6. Behavioral Health

6.b
Packet Pg. 183 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 12 E. Contractor shall develop a written disposal procedure, and the procedure shall provide for the weekly pick up of dead animals.

F. Contractor shall create a procedure compliant with California law to ensure that animals entering the County Shelter receive vaccinations, dewormer, flea control as appropriate for their species excluding animals that are unable to be safely handled or animals that are too sick/injured to receive this treatment.

G. Contractor shall have written policies and procedures on animal placement with a goal of ensuring that non-aggressive and healthy or treatable animals that enter the County Shelter are not euthanized through redemptions, adoptions and transfers to other organizations. Policies and procedures should include guidelines for euthanasia. Terms used in this subsection are to be interpreted in accordance with currently enacted California law.

H. Contractor shall have a procedure addressing how Animal Control Officers will handle complaints and the procedure shall include a benchmark for the time it takes between receiving and closing a complaint.

I. Contractor shall have comprehensive written policies and procedures established for proper care and handling of animals to include emergency response procedures, how animals will be placed into vehicles, how animals will be protected from the heat and cold inside vehicles, and how vehicles will be clean and disinfected.

J. Contractor shall have and apply written disease prevention and response policies and procedures.

Disease response procedures shall include measures to minimize transmission to unaffected animals or people and should ensure appropriate care of the affected animals. Procedures should include a treatment plan where decisions are based on a range of appropriate criteria, including the ability to safely and humanely provide relief, duration of treatment, prognosis for recovery, the likelihood of placement after treatment, the number of animals who must be treated and the expense of treatment and resources available for such treatment.

K. Contractor shall have comprehensive written policies and procedures on Veterinary Medical Services. Policies and procedures shall address proper care of injured and sick animals and be L. To the extent any of the terms of this Agreement are preempted by State law with regard to animal care, custody, transfer, euthanasia, and/or treatment, the parties agree that the terms of this Agreement shall continue to apply to full extent possible in conformity with State law.

6.b
Packet Pg. 184 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 13 III. SHELTER SERVICES
A. Receiving animals
Contractor will:

1. Hold lost and stray animals for the requisite time period as required by State law or County ordinance or other applicable local ordinance prior to adoption, owner redemption, release to a partner organization, euthanasia, or other disposition.

2. Ensu
beginning at intake and regularly thereafter. If the animal is too unsafe to handle to have its health status evaluated a visual evaluation may be done by staff.

3. Ensure all animals are scanned for a microchip and checked for other identification when entering the County Shelter and ensure staff enter into the Chameleon (or any successor system) software that the animal was checked for ID. Animals that are unsafe to be scanned for a microchip may be excluded.

4. Solicit information on impounded stray animals.

5. 6. Provide shelter and care for domestic animals under rabies quarantine, and dangerous or vicious animal investigations, according to the applicable City/County ordinance and/or State law.

7. Contractor will immediately notify County Public Health personnel at 650.573.2346, 8am5pm, M-F or 650.363.4981 after hours/holidays (or at such other numbers as may be designated in writing, from time to time).

8. If the Contractor plans on using drop boxes for after-hours intake, the drop boxes must be checked at least every hour during the hours that drop boxes are utilized for animal intake.

B. Care of animals
Contractor will:

1. Provide shelter and care for San Mateo County stray and unwanted animals 24 hours a day, 7 days a week, with public service hours designed to benefit the public and facilitate the services established in this Agreement, including coordination with other agencies (state and local governments, or adoption partner organizations, non-profit animal services organizations, etc.) where appropriate.

2. Provide services as required by the State of California governing shelters for animal care, treatment, holding periods, and placements and dispositions.

3. Microchip all animals designated as Dangerous prior to release if medically appropriate and owner is compliant. In the instance of a non-compliant owner, Contractor shall attempt at the first annual inspection of the ow
has in fact been microchipped as required by County Ordinance and shall report their findings to County in a timely fashion.

4. Provide animal food that meets nutritional and medical needs of animals.

6.b
Packet Pg. 185 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 14 5. Contractor will make a best effort to have the County Shelter open by 11 am each day, except holidays (as noted in Attachment L - Peninsula Humane Society Holidays), with all animal areas intended for public access clean and ready for the public to enter.

6. Provide County representatives with a master schedule for Animal Care staff upon request.

C. Owner-surrendered animals
Contractor will:

1. Provide pet owners with a handout(s) describing alternative solutions to surrender and other resources to owners who express a desire to surrender their pets. That handout should include contact information for non-profit shelters and rescue groups in the Bay Area, as well as information about pet food pantries, low cost veterinary care, etc.

2. List alternatives to surrendering a pet
website.

D. Identifying animals
Contractor will:

1. Make legally required and additional efforts
including, at a minimum, full microchip body scanning of domestic animals for identification chips, tracing microchips, licenses, rabies tags and other identification, and making several documented attempts in multiple ways (e.g. phone, email, and/or mail) to notify the owner in an attempt to return the animal to its owner prior to any other disposition. Maintain acumen on and utilize developments in the field that might provide .

E. Evaluating animals
Contractor will:

1. Ensure that all healthy, non-aggressive, and treatable animals have a plan for a live outcome.

2. Begin assessment of behavior at the time of intake of the animal. An overall behavior assessment considers all of the information gathered about the animal, including history, behavior during shelter stay, and formal evaluation.

3. Provide and apply the criteria and evaluation system that will enable objective evaluations for animals.

4. Evaluate all breeds equally to determine if they can be adopted, require behavior modification, or allow a partner agency to take the animal prior to euthanasia pursuant to State law.

5. Maintain evaluation records. Document the procedure for each animal in the Chameleon software system (or any successor system). If any paper records are also kept, retain the records for seven (7) years after disposition of animal.

6. Perform kennel enrichment programs to reduce stress for sheltered animals.

7. Place adoptable animals up for adoption or transfer.

6.b
Packet Pg. 186 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 15 8. Record all incidents or reports regarding a history of aggressive behavior along with the context in which they occurred.

9. Ensure staff is trained to recognize body language and other behaviors that indicate animal stress, pain and suffering as well as behaviors that indicate successful adaptation to the shelter environment.

10. Monitor animals daily in order to detect trends or changes in well-being and respond to their behavioral needs.

F. Length of stay of animals
Contractor will:

1. County Shelter. Both positive outcomes and
cost of sheltering must be considered.

2. Provide the process to ensure stray and owner-surrendered animals will not remain in the County Shelter more than three (3) weeks past the State law-mandated holding period.

G. Rabies testing/exposure
Contractor will:

1. Immediately provide San Mateo County Health personnel with contact information for relevant Contractor staff in accordance with State and County requirements when there is

2. Ensure all staff members are trained to identify potential rabies exposures and understand the regulations that apply to reporting and managing bites to humans and animals.

3. Provide for testing of animals for rabies pursuant to the current California Rabies Compendium. This requires the decapitation of animals and transport of the head or bat to the San Mateo County Public Health laboratory for testing.

4. Ensure that that the rabies specimen is transported to the San Mateo County Public Health Laboratory within 48 hours of the animal entering the County Shelter or of being euthanized (weekends and holidays excluded).

5. Ensure that for every animal that comes into the County Shelter, staff will identify possible rabies exposures; everyone presenting an animal shall be asked if the animal has bitten anyone within the last 10 days or had any contact with wildlife.

6. Make certain all incoming animals are examined for bite wounds; any animals who have potentially been exposed to rabies shall be managed in accordance with the California Rabies Compendium and in consultation with state and local health authorities.

7. Ensure that staff funded by contract who routinely work with companion animals or wildlife are offered pre-exposure vaccinations against rabies in accordance with recommendations of the Advisory Committee in Immunization Practices.

H. Disposal of dead animals
Contractor will:

6.b
Packet Pg. 187 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 16 1. Accept dead animals brought to the County Shelter by County residents, City and County municipalities, or Caltrans and Contractor shall dispose of such animals.

2. Dispose of dead animals in a lawful manner using an appropriately qualified and licensed disposal company or method.

3. Develop a written disposal procedure that will include at least a weekly pick up of dead animals.

I. Transferring animals into County Shelter

1. If the Contractor desires to transfer animals into the County Shelter from nearby Bay Area animal shelters to assist when such shelters are dealing with an emergency, such as a natural disaster, Contractor shall do the following:
a) Request written approval from the County Program Manager of Animal Control and Licensing Manager or other designated County Contract Administrator. The County will respond to such requests in writing within 3 business days. In the event of a need to house animals for another county during a disaster, the County will respond within 24 hours. If the County grants such approval, the written notice of approval will state the maximum number of animals the Contractor is allowed to transfer in pursuant to that consent based upon factors including available shelter space. Detailed documentation on an appropriate Federal Emergency Management Agency (FEMA) form will be kept to record, on a daily basis, on the number of Contractor staff caring for the animals to include hours worked, along with supplies, as well as number of days sheltered for each animal. This will allow for reimbursement if declared a federal disaster, or reimbursement from other local jurisdictions. b) Periodically, and only as space and resources allow, Contractor may purposefully transfer, house or bring into the County shelter animals from another animal shelter, partner group or agency within or outside the County to be housed in the County Shelter for the s other shelter or location only if a monthly report is sent to the Program Manager of Animal Control and Licensing or their designee outlining the number of animals transferred into the shelter along with each animal s individual animal identification number. If Contractor plans on transferring in more than 30 animals a month Contractor will obtain written approval from the Program Manager of Animal Control and Licensing or their designee. Contractor will reimburse the County and Participating Cities for the costs of vaccines, preventative care, treatment, food, facility use and maintenance, and staff time to care for these animals. The cost will be calculated by the number of days that animal is housed at the County shelter at the rate of $15 per animal per day. This rate may be adjusted annually, based on changes to Consumer Price Index and the Parties will meet and confer before the rate is adjusted. In addition to this daily rate, the Contractor will reimburse the County and Participating Cities for the actual costs of vaccines, flea treatment, dewormer, DTM cultures, canine heartworm and feline FIV/FeLV tests on a per animal basis.

The Contractor will reimburse the County and Participating Cities each quarter of the fiscal year and will provide a report in a form reasonably satisfactory to the County and Participating Cities that details the fees owed pursuant to the applicable daily rate and any other applicable costs to be reimbursed to the County and Participating Cities. This obligation to reimburse the County and the Participating Cities does not apply to situations where an animal needs to be transferred in to the County shelter where the animal is held because of a bite or potential dangerous dog designation and where the incident occurred in San Mateo County, but the animal was first taken to another animal shelter. In such cases, the animal shall in the Chameleon software intake statistics.

6.b
Packet Pg. 188 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 17 Contractor will also reimburse the County and Participating Cities at the rate described above and shall reimburse the County and Participating Cities for the above-described expenses for any animal impounded by the nonprofit for a Cruelty case and housed at the County Animal Shelter. Detailed notes by staff must be entered into the Chameleon database (or any successor system) and should describe the reason for the animal being transfer back into the County shelter.

2. In cases where the Contractor transfers an animal back to the County Shelter for any reason, the Contractor will pay for the care of the animal and not use contract funds or staff being paid for by the contract. Detailed notes by staff must be entered into the Chameleon database and should describe the reason for the transfer back to the County shelter.

J. Working with partner groups
Contractor will:

1. Within 6 months of signing this Agreement, develop a Partner Group application for any shelter or Partner Group that would like to apply to take animals from the County Shelter ite.

2. Assign one (1) or more staff members to proactively contact Partner Groups and nonprofit shelters in the County and throughout the Bay Area to encourage them to take animals whose medical or behavioral needs exceed available resources or who would otherwise be better served by being transferred to a Partner Group or to take animals that have been in the County Shelter for more than three (3) weeks past their stray hold or owner surrender intake date. If the Contractor desires, animals may be placed prior to the expiration of the three (3) week hold period. Contractor will decide which animals will be transferred to the Lantos Center for adoption.

3. As an alternative to euthanizing feral cats when cat caretakers are unavailable, will either 1) release the feral cats to an organization that will Trap-Neuter-Return (TNR) the cats, 2) TNR the cats themselves, or 3) develop a plan on how to handle feral cats to improve the live release rate (e.g. implementing a barn or working cat program).

K. Vaccinating, deworming, flea prevention, photos, documentation Contractor will:

1. Complete health assessments of dogs and cats within 24 hours of the animal entering the County Shelter.

2. Complete behavioral assessments of dogs and cats within 4 days of the animal entering the County Shelter (not including the day of intake). Excluded: Dangerous animals, quarantined animals, animals in protective custody, euthanasia requests, exotic animals, fowl.

3. Conduct full body microchip scans and check for other forms of identification at the time of intake for all animals that can be safely handled.

4. Provide a photograph and description of each lost animal through public outreach

6.b
Packet Pg. 189 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 18 5. on (breed, sex, and age), health assessment, initial behavioral assessment, microchip, license, rabies, and any other pertinent information in Chameleon Data Management System (or any successor system) within 24 hours of receiving each animal.

6. Document complete behavioral assessment results in Chameleon Data Management System (or any successor system) within 4 days of receiving each animal (not including the day of intake).

7. Provide vaccinations, dewormers, and flea control when an animal enters the County Shelter as appropriate for their species, excluding animals that are unable to be safely handled or animals that are too sick/injured to receive this treatment.

L. Keeping County Shelter clean and disinfected
Contractor will:

1. Always maintain the kennel and animal care facilities in a humane and sanitary condition with a focus on these areas:
a) Cleaning and Disinfection. Use of disinfectants should be limited to those that are proven safe and effective for animal species sheltered at the County Shelter. b) Surfaces and Drainage

2. Maintain stocks of disinfectants based on accepted industry standards to preserve function and effectiveness with regards to temperature and light exposure.

3. Update all written guidelines/documentation for use of disinfectants to reflect current practices as well as industry standards/recommendations.

4. Staff and volunteers shall receive training when guidelines have been updated and documentation of training shall be maintained.

5. Take commercially reasonable measures to maintain a pest-free shelter. Contractor will enter into, pay the costs of, and monitor on a recurring and scheduled contract for pest control services in and around the County Shelter.

6. Have written information available about zoonotic diseases for visitors, adopters and foster care providers.

7. Clearly mark enclosures of animals with suspected zoonotic disease to indicate the condition and any necessary precautions.

8. Provide periodic staff and volunteer training and information on the recognition of potentially zoonotic conditions and the means of protecting others from exposure. This shall be included in the policy and procedures.

9. Ensure the public does not have unsupervised access to areas where animals are isolated for zoonotic diseases.

M. Providing enrichment
Contractor will:

1. Provide kennel enrichment programs that provide every animal with an opportunity to be socialized and reduce stress while in the County Shelter.

6.b
Packet Pg. 190 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 19 N. Euthanasia
Contractor will:

1. Provide for the humane euthanasia and disposal of animals determined to be unhealthy, aggressive, or untreatable as determined by California law.

O. Owner-requested euthanasia
Contractor will:

1. Follow the basic matrix definition of Owner-Requested Euthanasia. The basic matrix definition of Owner -Requested Euthanasia can be found at:
https://www.shelteranimalscount.org/docs/defaultsource/dataresources/sac_basicdatamatrix.pdf

2. Contractor will pursue all reasonable measures to verify animal ownership prior to euthanasia.

3. Record and classify animals in the Chameleon software and in Live Release Rate owners with the specific intention of using the Owner Requested Euthanasia service.

When an owner wishes to surrender an animal for adoption and that animal is deemed unhealthy and untreatable, or aggressive
information provided by the owner and the owner elects to surrender the animal for

4. Decline to provide the owner-requested euthanasia service to treatable animals and will instead either accept and treat those animals, provide resources so the owner so they can keep and treat their animal, or refer the owner to another organization that will assist the pet owner, so they can treat the animal.

5. Offer private owner-requested euthanasia (including pet-owner witnessed euthanasia, when requested with regard to non-aggressive animals only) as a service at the County Shelter, if the animal is deemed unhealthy and untreatable, or aggressive.

P. Documentation
Contractor will:

1. Accurately complete, sign, and submit all necessary documentation of compliance in a timely manner.

Q. Adoption of animals
Contractor may:

1. Arrange adoptions onsite at the County Shelter to reduce the length of stay for animals and have other approaches to adoptions such as transferring animals from the County Shelter and moving them to their non-profit shelter or partner organizations for adoption.

There is no set number of animals that need to remain up for adoption at any point in time at the County Shelter.

Contractor will:

6.b
Packet Pg. 191 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 20 2. Ensure that the public cannot come into contact with, or view, bite quarantine animals and aggressive animals that are considered a danger to the public.

IV. FIELD SERVICES
A. Respond to field service calls
Contractor will:

1. Respond to calls for Animal Field Services 24 hours a day, 7 days a week, 365 days a year as set forth in the below-described priority listing, unless otherwise noted below.

Notwithstanding any other provision herein, Contractor shall respond on holidays and after regular business hours (9pm-7am) to call Priority 1 and 2 categories. If no calls in those priorities are pending the staff Contractor will respond to Priority 3 and 4 calls.

2. Contractor may receive and accept requests for service in person, via phone, email, text message, voicemail or fax. Contractor will have policies and processes in place to ensure that text messages, emails, voicemails and faxes are monitored and retrieved in a routine and timely fashion.

B. Priority for Field Activities

1. Priority 1: Immediately respond to all emergency calls of the following types within one (1) hour of the receipt of the call from the reporting party:
a) Imminent threat to a person by an aggressive domestic, exotic or wild animal b) A Public Safety agency request for immediate assistance c) Possible rabid animal
d) Aggressive dog at large, or an aggressive dog that could cause harm to a human or an animal (e.g., an aggressive dog breaking out of a yard or has access off the property) e) A dog that has bitten a human or that has attacked another animal and that remains at large
f) Major injury to dog, cat, or domestic animal
g) An animal in hot car or an animal that is otherwise in immediate danger h) Dangerous animal permit violation that has occurred and the same animal remains a threat to person or property
i) Animals at large causing a traffic hazard (including livestock) j)
k) s life is in danger
l) When juveniles are present at a school grounds any bat, any aggressive animal, animal posing a risk to humans, sick or injured animals, dogs at large, or confined or trapped animal are present on the school grounds.
m) Request by a Public Safety Official or Fish & Wildlife officer to respond to a mountain lion or an escaped exotic animal that is an imminent threat to a person. Handling of these situations will be a joint response between the requestor and the Contractor. Contractor will be acting in an advisory capacity. Contractor is responsible for arranging a third party to

6.b
Packet Pg. 192 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 21 handle, transport and/or care for exotic animals. If a third party is retained by Contractor, said third party shall have lead advisory responsibilities. Public Safety Officials and/or Contractor will determine if Fish and Wildlife need to respond to the scene. Contractor will remain on the scene with requesting Public Safety Official until situation is resolved.

2. Priority 2: Respond without unnecessary delay, within (4) hours of receipt of the call from the reporting party:
a) Dog, cat or domestic animal sick, or with minor injury b) Sick or injured wildlife
c) All non-threatening Dangerous Animal permit violations d) Dog or cat in trap
e) Animal in custody (stray confined)
f) Pack of dogs
g) Dead animal at a school between 7:00 AM and 8:00 PM (excluding holidays)

3. Priority 3: Respond without unnecessary delay within a maximum of 18 hours of receipt of the call from the reporting party and as soon as reasonably possible beforehand to the following situations:
a) Animal at large (non-aggressive and non-threatening) in violation of local ordinance b)
c) Reports of animal bites or attacks where there is no longer an animal at large which is an immediate threat to persons or property.
d) Dead animal pick-up
e) Animal bite quarantines

4. Priority 4: Respond without unnecessary delay within 24 hours of receipt of the call from the reporting party:
a) Stray patrol request
b) Owned animal for relinquishment (based on special circumstances or special hardship situation)

5. Priority 5: If there are no calls pending in the other priority categories:
a) Officers will patrol City and County parks and neighborhoods in areas accessible by

6. Ensure that Animal Control and Humane Officers shall impound stray or confined dogs and cats and return them to the owner in the field, or transport to the animal to the shelter, as deemed appropriate by the Officer.

7. Provide a master schedule for Animal Control staff.

C. Enforcement of state and local animal control laws; Municipal code violations Contractor will:

6.b
Packet Pg. 193 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 22 1. Enforce all County and City ordinances pertaining to animals as outlined in Chapters

6.04, 6.12 and 6.16 of Title 6 of the San Mateo County Ordinance Code and enforce state statutes where applicable, except for number of animals per household or barking dogs, which are referred to the respective overseeing agency (code enforcement or law enforcement).

2. Uniform Ordinances and Citation Authority. County shall encourage the Participating City jurisdictions shown on Exhibit D to adopt and maintain animal control ordinances and fee schedules that are materially equivalent to the County control ordinance and fee schedule. The animal control ordinances for all jurisdictions shown on Exhibit D should be substantially the same as the provisions of Chapters 6.04,

6.12, and 6.16 of Title 6 of the San Mateo County Ordinance Code, as amended, to be effective within the city limits. The fee schedule shall be the same as outlined in Chapter

6.04.290 of the San Mateo County Ordinance Code.

3. Enforcement of city ordinances which differ materially from the County ordinance need not be enforced by Contractor unless Contractor agrees that the ordinance does not conflict with its mission, and the city and Contractor mutually agree on the cost of services. Participating Cities agree to provide notice to Contractor of any changes to their City codes that would relate to additional or different Contractor responsibilities under this Agreement.

4. Upon request by a Participating City, the County, or residents of a Participating City or the unincorporated County, investigate complaints of animal related public nuisances, to those ordinance code violations enumerated in Chapter 6.04 of Title 6 of the San Mateo County Ordinance Code and similar city ordinances, with the exception of complaints regarding barking dogs.

D. Citations
Contractor will:

1. Develop a voidable animal license citation process for license violations, that affords the animal owner 30 days in which to register for a license and have the citation voided.

Specifically, on all complaints involving stray or loose animals, municipal complaints and quarantines etc., if the animal owner living in San Mateo County does not have their animal licensed in San Mateo County, the ACO will issue a voidable license citation to the animal owner.

2. Ensure that ACO/Humane Officers issue administrative and non-administrative citations for City, County or State violations. Written warnings can be issued for first offense minor violations only if the ACO/Humane Officers follow up within two weeks to ensure compliance with the written warning.

3. Record all citations and written warnings in the Chameleon (or any successor system) software system.

E. Impoundment of animals
Contractor will:

1. Impound all dogs caught at large, scan all dogs and cats, that are safe to handle, for microchips in the field and provide for field return to owner as deemed appropriate by the Animal Control Officer.

6.b
Packet Pg. 194 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 23 2. Except when responding to a Priority 1 or Priority 2 call or when responding to a Priority 3 or Priority 4 call in order to meet expected response times, ensure that when Animal Control Officers observe a violation of the Participating City or County ordinance, the Animal Control Officer will stop, contact the animal owners, and take appropriate actions, such as a written warning for first offense, or the issuing of a citation for subsequent violations.

3. Investigate and follow up with impoundment, citation, search and seizure warrant for animal bites, vicious/dangerous animals, and attacks in conjunction with respective City Attorney or County Counsel and/or County District Attorney.

4. Contractor shall impound animals in the regular course of its enforcement of City and County ordinances as necessary to protect the safety of persons and property, or the animal. In addition to its ordinary impoundment responsibilities under this Agreement, if Contractor receives a specific request from a City and/or County law enforcement agency, Contractor shall promptly impound any animal, whether the animal is on public or private property. Contractor shall obtain any necessary consent or warrant as required by law for all impoundments. In exigent circumstances, in which a warrant is not required because personal or public safety is at imminent risk, Contractor shall impound the animal immediately. However, in the event that Contractor determines that a warrant is necessary for the impoundment, Contractor shall promptly seek such warrant and take all steps necessary to ensure that the animal is secured in such a manner that it poses no threat to the safety of any person pending the impoundment.

In those limited situations in which Contractor reasonably believes that there is no violation, seizure is unlawful and there are no grounds for seeking a warrant despite the request by City or County law enforcement,
respective City (or County Sheriff or designee if applicable) and the County Animal Control Manager or designee, if available within one hour. If the City or County representatives are not available and/or there is still disagreement, and City or County law enforcement still requests impoundment, City or County law enforcement will seize the animal, and Contractor with thereafter take custody of the animal and impound the animal at the shelter. In these situations only, if the City or County law enforcement officer believes that a warrant should be applied for, but Contractor does not believe there are grounds for such warrant, the law enforcement officer shall supply the affidavit for such warrant and, at the request of the City or County law enforcement officer, Contractor shall seek the warrant from the court.

5. Contractor shall not release any impounded animals unless the owner of such animal, or another individual with express verbal or written authority from the owner to pick up the animal (and such authority has been directly conveyed to Contractor from owner), the relevant impoundment, emergency
medical treatment, and licensing/permit fees to redeem said animal. Fees may be billed under certain circumstances as outlined in Exhibit A. - VI. Operations D. Administration 1 Financial Systems.

F. Transport of sick, injured animals
Contractor will:

6.b
Packet Pg. 195 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 24 1. Ensure the transfer of any injured or sick animals to the animal shelter or veterinary emergency hospital, or ensure that the owner (if present) of the animal seeks medical treatment.

G. Field euthanasia
Contractor will:

1. Ensure that if euthanasia is necessary for a sick or injured wild animal while it is in the field, the euthanasia shall be conducted by trained personnel with necessary equipment.

This service shall be available twenty-four (24) hours a day, seven (7) days a week, 365 days a year.

H. Investigations for animal bites, dangerous & vicious animal cases Contractor will:

1. Conduct thorough investigations of dangerous or vicious animals, which shall include interviewing witnesses, collecting evidence, writing reports, taking photos, requesting related information and securing search warrants to impound a vicious or dangerous dog, making initial designations as dangerous or vicious, and testifying at hearings. This investigation should be completed, and the report and all supporting information presented to the County, at least three (3) calendar days ahead of the scheduled hearing. will follow the applicable
County and Participating City ordinances.

2. Investigate municipal code violation complaints within the jurisdictional boundaries of the Participating Cities and the unincorporated County
as outlined herein. This includes, but is not limited to, interviewing witnesses, collecting evidence, taking photos, writing reports, requesting related information and securing search warrants, issuing citations, and participating in hearings or court proceedings as needed for potential impoundment and/or prosecution. Officers will work closely with the City Attorney or County District Attorney as applicable.

I. Removal of dead animals
Contractor will:

1. Remove dead animals from the public right-of-way, except freeways and/or highways, which are maintained by CALTRANS.

2. Remove stray dead domestic animals from private property for no charge.

3. Remove owned domestic dead animals at the request of owner with a charge to the member of the public requesting the service, as set forth in the Fee Schedule. All such fees collected by the Contractor shall be remitted to the County.

4. Pick up and dispose of any dead animal on any street, sidewalk, school, or other public property.

5. In cases where animal contact meets the criteria for rabies testing, pick up dead or live wildlife on private property. In cases where animal contact meets the criteria for rabies testing, the Contractor will follow the rabies testing protocol.

6.b
Packet Pg. 196 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 25 6. Dispose of dead wildlife or domestic dead animals that are brought to the shelter. If a commercial wildlife removal or pest company wants to dispose of dead animals, they will have to enter into a contract with the County to pay for disposal fees.

7. If Contractor is unable to safely remove a dead animal, Contractor will hire a qualified third-party using contract funds to remove the dead animal.

J. Quarantine of animals
Contractor will:

1. Quarantine biting animals and enforce State Codes, California Rabies Compendium, and County guidelines relating to rabies control. This includes providing state-mandated rabies clinics.

2. Work with San Mateo County Health to jointly determine when an in-home bite quarantine is appropriate and will be made available.

K. Dispatch
Contractor will:

1. Provide radio dispatching to the field between the hours of 8:00am and 6:00pm on Monday through Friday and 8:00am and 5:00pm on Saturday, Sunday, and Holidays.

2. County shall provide radio dispatching to Contractor between the hours of 6:00pm and 8:00am Monday through Friday and 5:00pm and 8:00am Saturday, Sunday, and Holidays. The Contractor will pay the annual cost for County Radio Dispatch using funds paid to Contractor pursuant to this Agreement.

3. Have a system for phone calls to roll to another person in order to answer calls from the residents for the County. If there is more than one (1) Dispatcher on shift, the phone lines will be set up so the calls coming in roll between the multiple phones.

4. Have a line for law enforcement, fire, and other government officials to call on at all times when the contractors dispatch is open if they need service from the Contractor.

5. County shall maintain County-owned radio equipment as denoted in Attachment M County-Owned Radio Equipment.

V. VETERINARY MEDICAL SERVICES
A. Provide veterinary care for animals
Contractor will:

1. Make medical decisions that balance both the best interest of the individual animals requiring treatment and the County Shelter population.

2. Ensure that the County Shelter medical services include, but are not limited to: animal exams, vaccinations, microchipping, dispensation of medications, disease prevention, surgeries (e.g. enucleations, amputations and wound repairs), emergency care of injured animals, euthanasia and coordination with other local, state and national agencies.

6.b
Packet Pg. 197 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 26 3. Ensure that medical staff regularly monitor the status of individual animals and the population as a whole.

4. Have and apply written disease prevention and response policies and procedures.

Disease response procedures should include measures to minimize transmission to unaffected animals or people and should ensure appropriate care of the affected animals.

Procedures should include a treatment plan where decisions are based on a range of appropriate criteria, including the ability to safely and humanely provide relief, duration of treatment, prognosis for recovery, the likelihood of placement after treatment, the number of animals who must be treated and the expense and resources available.

5. Ensure that there is preventive health care appropriate for each species and include protocols that strengthen resistance to disease and minimize exposure to pathogens.

6. Ensure that medications and treatments are only administered with the advice of a veterinarian or in accordance with written protocols provided by a veterinarian, and all drugs are dispensed in accordance with federal and state regulations.

7. Whenever possible, ensure all veterinary care and treatments are recorded in Chameleon (or any successor system).

8. Microchip and spay/neuter all animals for adoption prior to pick up by new owner, as required by law, unless a veterinarian determines the procedure is not safe for the a

9. Have written policies regarding care and treatment of injured and sick animals and that are in alignment with State or local laws and address.

B. Veterinarian medical licensing/registration
Contractor will:

1. Maintain current premise permits and meet all veterinary licensing requirements as specified by the California Veterinary Medical Board and California and federal law.

2. Maintain licensure to dispense and supply shelter and field services staff with the controlled substances necessary for performance of field captures and euthanasia, including the monitoring and security of such substances.

3. Ensure that veterinary staff meet certification and/or license requirements set forth by the State of California. Staff includes veterinarians, registered veterinary technicians, and other licensed or certified personnel.

C. Medical examination, treatment, and medication
Contractor will:

1. Ensure that the veterinary staff 1) perform a medical examination upon arrival for all sick/injured animals, 2) direct and monitor the care of injured and/or sick animals, 3) adheres to and directs procedures to reduce or respond to the outbreak of infectious diseases, and 4) provide a medical exam for all animals (except those needing emergency care) within 24 hours of arriving at the shelter.

2. Provide for laboratory services including stool examinations, cytology, urine analysis, heartworm tests, FELV/FIV tests, electrolytes measurements, and blood counts, among other testing.

6.b
Packet Pg. 198 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 27 3. Ensure adequate and appropriate administrative controls are in place to monitor medications and medical supplies.

VI. OPERATIONS
A. Personnel

1. Staffing
Contractor will:
a) Hire personnel that are fully-qualified, authorized, licensed or permitted under applicable State and local law to perform such services.

2. Contract Funding of Staff
Contractor will:
a) Ensure all shelter, field, facilities and veterinary-related staff and managerial positions funded 100% by the Contract, spend 100% of their time working at the County Shelter, or providing other services to the County and Cities pursuant to this agreement (excluding disaster work, training, or meetings.) If one of these staff member works less than 100% of their time at the County shelter, the percentage of hours worked under the items of this Contract will be documented on a timesheet/time clock. Hours worked at another location will not be charged to Contract funds.
the County shelter and other sites, Contractor shall prioritize services denoted within this agreement. Contractor will include with the monthly invoice a report of the FTE hours worked at the County shelter by these staff members. An organization chart will be sent to the County annually that shows the Contractors entire organization including the percentages of time staff paid by the County shelter.

3. Training
Contractor will:
a) Annually provide a training plan that includes any certifications required by State laws. b) Be responsible for providing fully trained personnel in all aspects of performance, including proper animal care, animal handling, and enforcement procedures and techniques. c) Ensure all ACOs complete Penal Code 832 Arrest course or be appointed pursuant to California Corporations Code Section 14502 as Humane Officers, issue citations, receive ongoing training and maintain proper education, experience and/or certification within one (1) year of hire.
d) Ensure all ACOs pass approved baton training at earliest feasible opportunity. No ACO shall use a baton until trained.
e) Require all ACOs to be certified to perform euthanasia by injection as defined by California law. All ACOs will complete required training per state law. f) Require all staff that perform animal euthanasia to be trained pursuant to State law. g) Require staff members that have access or review documents, such as bite reports and human medical records, to complete HIPAA training.

6.b
Packet Pg. 199 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 28 4. Volunteer Program
Contractor will:
a) Have an active volunteer program to support the Animal Care and Control program and related activities. The County encourages the use of volunteer support in all aspects of the program unless prohibited by State law. The volunteer program will be guided by policies and procedures similar to
b) Contractor should work to increase the volunteer to staff ratio as may be deemed appropriate by Contractor for specific programs.
c) Carry insurance on volunteers, including coverage for volunteers at the shelter including but not limited to their interaction with animals.
d) Outline how they will recruit and coordinate volunteers and assigned activities. e) Track volunteer hours and report numbers annually to the County. f) Outline which tasks the volunteers will be assigned to complete at the shelter.

B. V.6.4. Vehicles

1. Acquiring /Replacement
Contractor will:
a) Utilize funds paid to Contractor pursuant to this Agreement to acquire or replace vehicles.

2. Vehicle Maintenance and Repair
Contractor will:
a) Provide proof of automobile liability insurance covering all Contractor staff utilizing vehicles pursuant to this Agreement.
b) Be responsible for all vehicle maintenance and repairs to be paid out of funds paid to Contractor pursuant to this Agreement.
c) Utilize and maintain existing and replacement vehicles assigned for animal control activities.
d) Provide a quarterly maintenance and repair report listing all vehicles and the service received.
e) Ensure all vehicles receive routine maintenance as required by the manufacturer. f) Maintain all of the vehicles such that they remain in a safe, professional condition at all times. Records must be kept on all maintenance problems and mileage. g) Keep vehicles in good repair and ensure that there are no dangers to animals inside the vehicles that could cause injury such as sharp edges, gaps in doors etc. h) Clean and disinfect after an animal has been transported in the vehicle. i) Ensure all vehicles are kept clean on the inside and outside.

C. Procurement

1. Inventory

6.b
Packet Pg. 200 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 29 Contractor will:
a) Maintain and provide to the County, within thirty (30) days of execution of this Agreement, a current inventory of all equipment paid for with non-contract Funds owned by Contractor or paid for in part with non-Contract Funds, used at the shelter and having a current fair market value of $1,000 or more. Provide to the County, within six (6) months of signing the Agreement, an inventory of all durable equipment purchased using contract funds and having a current fair market value of $1,000 or more.

2. Computer Hardware and Software
Contractor will:
a) Be responsible for the provision and replacement of County-owned hardware and software using contract funding, grants or private funds as long as all of the computer hardware located in the County Shelter purchased using contract funds is considered the property of the County. Items owned by the County will be listed in the annual inventory. b) Maintain an inventory of purchased hardware and software. c) Be responsible to provide server, internet connectivity and equipment to operate all computers within the shelter. This will include the set-up of the service for the equipment.

3. Operating Supplies
a) The Contractor shall be required to purchase all operating supplies for the purpose of any service provided under the terms of the contract with contract funds, County-directed donations or other funding sources directed solely to the County Shelter; the supplies will be and remain the property of San Mateo County.
b) County shall provide animal licensing tags for dogs, cats, animals held under a Dangerous Animal Permit, and animals designated as Service Animals.

D. Administration

1. Financial systems
Contractor will:
a) Have in place a process and have the capability to provide billing and provide activity reports to the County.
b) Contractor will not release any impounded animals unless the owner of such animal, or another individual with express written or verbal authority (such verbal authority having been conveyed to Contractor directly from owner) to represent the owner, appears at the Contractors facility, and pays all applicable impoundment, emergency medical treatment, and/or licensing/permit fees to redeem said animal. Exceptions may be made where efforts safety of its staff, volunteers or facility. Contractor will alert the program manager of Animal Control and Licensing regarding the threat of harm to the staff. c) Contractor will require license fees to be paid before the animal leaves the shelter. d) Contractor will bill the responsible party if it is reasonably determined that they cannot pay the required fees at the time an animal is released. Contractor will use every effort to confirm that the responsible party is unable to pay fees. In the case of unaltered dogs, cats and

6.b
Packet Pg. 201 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 30 rabbits, fees will only be billed provided the responsible party agrees to have the animal spayed or neutered prior to the animal being released from the shelter. e) Fees will only be transferred to the County for billing as a last resort. Any time a responsible party is billed, the responsible party shall be provided a detailed and clear itemized list of fees, as well as a letter on San Mateo County Health Department letterhead explaining how to pay owed fees and the potential for collections actions to follow.

2. Financial Audit & Operational Audit
Contractor will:
a) Provide periodic updates on the annual external audit process, including information on the process which will be used to ensure the completion of audits. The completed written audit and opinions shall be supplied to the County by December 31st of each calendar year for the previous fiscal year.
b) Annually hire an independent auditor, who will conduct a fiscal year audit of all expenses and revenues and services noted above. The auditor must document and express an opinion on program revenues, expenses and units of service and must conduct audit in accordance with generally accepted auditing standards. The audit report shall also express an opinion regarding compliance with the financially related terms of the Agreement. c) After completion of the audit, allow County or City personnel, or consultant to speak directly with the auditors in a joint session with Contractor. d) Contractor shall use all commercially reasonable efforts to achieve economy, efficiency and effectiveness in performance of the services provided. Contractor and County will meet on occasion, as requested by County, but not to exceed more than once per year, to consider revisions which may be needed to the reporting forms created to document performance of the services provided. At any time during the term of this Services Agreement, but not to exceed one time annually, County may request, and Contractor shall provide additional detailed information concerning services performed under this Agreement for the purpose of a performance audit. The County shall make every effort to follow Generally Accepted Government Auditing Standards (GAGAS). e) At any time during normal business hours and as often as the County may deem necessary, allow the County and/or representatives of the County to observe all staff and volunteers in all areas of the County Shelter operation. County/City and/or representatives/contractor shall reasonably conduct themselves so as to not impede regular operations or functions. At no time will the County/City and/or representatives/contractor of the County direct the work of any Contractor staff in any manner. f) At any time during normal business hours, with 24-hour notice from the County, and as often as County may deem necessary, provide to the County and/or representatives of the County records for examination with respect to all matters covered by this Agreement. Any records (e.g., personal employment) that would require notice to interested parties, shall be so noticed to the extent required by law prior to disclosure. Notice to Contractor shall not be required if the County has evidence of fraud or other misuse of contract dollars on the part of the Contractor; provided, however, that Contractor does not waive any privacy rights that individual employees may have. Nothing in this Services Agreement shall be construed as granting County any right to make copies, excerpts or transcripts of information unrelated to the Services Agreement without the prior written consent of Contractor.

6.b
Packet Pg. 202 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 31 3. Documentation
Contractor will:
a) Maintain for at least four (4) years after contract termination, and provide to County, or authorized representatives, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Services Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.
b) Maintain for at least four (4) years after contract termination, and provide to County as requested records of animals impounded including the description of animal; date of receipt; date and manner of disposition; treatment received; name and address of person who redeemed animal; and fees, charges and proceeds charged and collected for redemption.

Contractor will provide information regarding adopters and fees for those animals adopted at the County Shelter. Contractor shall record all vaccinations. c) Maintain a complete record on each animal within the Chameleon (or any successor system) database.

4. Quality Improvement
a) Contractor shall have a Quality Improvement program to ensure maintenance of key documents, reporting, scheduling services and activities, staff performance, and customer service.

E. Public services

1. Contractor agrees to convene a Participating s Group at a minimum of once per year over the term of this Services Agreement.

2. President of the organization, and a committee of Participating City and County elected officials upon request, at a minimum of once per year during the term of this Services Agreement to review work covered herein.

3. Contractor agrees that the President, Senior Vice President of Operations, Senior Director of Operations will meet monthly with the Program Manager of Animal Control and Licensing.

4. When the County responds to a public records request, it will also provide an exact copy to Contractor of the documents disclosed to the member of the public.

5. Contractor agrees to present an annual report and supporting documentation to the Board of Supervisors that addresses the performance of the contracted services set forth in this Agreement.

6.b
Packet Pg. 203 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 32 6. Public services include, but are not limited to: staffing the call center, providing and running a website, reunification of lost animals with owners, animal adoptions, animal transfers to partner organizations, adoption promotions, licensing services, vaccination and microchip clinics, media inquiries, citizen complaint resolution, public education and outreach, utilization of volunteers, and coordination with other local, state and national agencies. Services also include the proper collection and handling of financial transactions associated with fees, fines, donations, and contract payments.

7. Contractor will provide quarterly communication updates to the County and Cities for public release on their websites and within social media. This should include any information for residents on services provided by the Contractor.

Contractor will:

8. Issue animal licenses and or required permits and collect applicable fees for dogs and cats that are encountered at the County shelter.

9. Provide public hours at the County Shelter as follows: Shelter will be open 7 days a week with a minimum of 8 hours per day Monday-Friday (e.g. open 11:00AM-7:00PM) and 6 hours (e.g. open 11:00AM-5:00PM) per day on Saturday and Sunday. The shelter can be closed on major holidays (see attachment L Peninsula Humane Society Holidays), provided, however that on such holidays, Contractor shall maintain the minimum staff necessary to care for the animals and respond to field activities. Shelter will be cleaned by 11 am and ready for public to enter during business hours.

10. Provide method(s) for customers to find and claim lost pets through the website, call center, notification by mail and telephone.

11. Promote adoptions and licensing through a variety of outreach strategies, including public education and outreach opportunities that contribute to increasing the live release rate and decreasing pet overpopulation.

12. Ensure customers are provided with exceptional customer service by achieving a positive customer satisfaction rating according to a survey to be developed in conjunction with County approval and administered annually. The survey must include a customer feedback component to ensure continuous improvement.

13. Develop and maintain acceptance, tracking and resolution procedures for customer service complaints received regarding Animal Services. Provide initial response (e.g. phone call, email, in-person visit) to resident complaints within 48 hours of receipt, with intent to resolve within a reasonable period. County will be advised for sensitive or unusual complaints.

F. Provide monthly low-cost vaccination clinics at the shelter Contractor will:

1. Hold at least one (1) monthly low-cost vaccine clinic at the County Shelter for the residents of San Mateo County. The Contractor shall sell licenses at the monthly low-cost vaccine clinics and all fees collected at the clinic will be remitted to the County.

G. Issuing licenses
Contractor will:

6.b
Packet Pg. 204 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 33 1. Provide online information on how pet owners can license their pets to include locations for purchase and web addresses.

2. Issue replacement tags to dog owners whose license tags are lost, stolen or damaged, for applicable fee.

3. License and/or issue required permits and collect for County all applicable fees for all dogs and cats that are encountered at the County Shelter as required by applicable ordinance.

4. Issue a one (1) or three (3) -year option for dog licenses to the general public as required by applicable ordinance/law and collect applicable fees for County.

5. Provide an online option on the website (https://www.petdata.com/ URL etData, Inc.) to license or renew animal
licenses.

6. Properly handle the collection, deposit, remittance, and refund of all money associated with service fees, fines, and contract payments.

7. Collect all fees documented in the ordinances.

8. Contractor shall remit to the County monthly any and all fees collected, pursuant to ordinance, as well as, vaccine and microchip clinic fees, and animal licensing fees.

H. Software
Contractor will:

1. Utilize the Chameleon (or any successor system) software and database animal sheltering information system for the purpose of tracking all animal intakes and dispositions, behavioral notes, all medical conditions and treatment (with the exclusion of some medical notes that are unable to be added to the database and can be handwritten), notes made by volunteers may be hand written, animal control field activities, animal control citations and written warnings, animal bites and bite quarantines and other data relevant to the management of the animal services operation. Contractor shall provide copies to the Participating Cities/County or contractor all written notes as well as data within the Chameleon (or any successor system) software upon request.

2. Be responsible for paying all of the Chameleon (or any successor system) software system fees for work related to the contract, including the County licenses, using contract funds. The Chameleon (or any successor system) license will list San Mateo County and Peninsula Humane Society & SPCA as the database owners. In the event of contract termination or expiration, each party shall receive an exact copy of the database information, and if any technical problems arise regarding that goal, each party agrees to use best efforts to achieve this result.

3. on (or any successor system) shall be
utilized for private individuals who have adopted a pet with the intention that the animal is to be their permanent pet or the permanent pet of their friend, partner or relative. The (or any successor system) shall be utilized for Partner Group organizations and their designees that plan to temporarily hold the animal until it can be adopted to a private individual or that plan to provide a hospice type service for the animals.

6.b
Packet Pg. 205 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 34 4. Ensure every live animal goes through an intake process where a photo and description of each animal is added to the Chameleon (or any successor system) database. Core vaccinations, deworming and any necessary flea treatment for animals to be sheltered shall also be administered and documented in Chameleon (or any successor system) during the intake process. The photos of all stray animals impounded at the County Shelter shall be made available for viewing by the public on the lost and found website page during the stray hold period. The photos of all adoptable animals past any necessary stray hold period kept at the County Shelter shall also be made available for viewing by the public on the Contractor

5. Ensure all owner contact information and attempts to contact the owners of animals wearing a license or identification tag, a microchip or any other kind of identification must be recorded in Chameleon (or any successor system). Behavior notes and all other information regarding the animal shall also be recorded in Chameleon (or any successor system).

6. Contractor will record in the Chameleon database Activity Record field responses with staff going on scene to the location of the activity differently than they will non-field responses, such as leaving phone messages, phone conversations, radio conversations, mailing letters, or any other activities performed when staff is not physically on the scene of the location of the activity. Recording field and non-field responses differently will allow accurate response reports to be generated. Response time reports for the City/County will only include field service calls when field staff is dispatch to a scene to handle a priority 1-5 call. It will include the time call was received, time dispatched, time the staff arrived on the scene and time the staff cleared the scene and what action the staff took.

7. Ensure all dogs, cats, puppies and kittens in a litter, weaned or not weaned, shall always be provided with an individual animal ID number in Chameleon (or any successor system) that is counted in both intake and outcome statistics.

I. Disaster response
Contractor will:

1. Coordinate with County in the event of a disaster/declared state of emergency.

2. Provide assistance to residents, local law enforcement, fire agencies and the County of San Mateo Office of Emergency Services to evacuate, shelter, and care for animals in the event of a disaster.

3. County

4. Work with other groups within the County during a disaster to ensure animals are safely evacuated and proper care is provided.

5. Ensure that staff or a third-party organization is available to respond to a disaster and are trained in the handling and care of all animal species within the County.

6. Ensure that each staff member responding to the disaster completes necessary FEMA forms.

7. Participate in a minimum of one (1) full-scale disaster exercise with San Mateo County Health or the Office of Emergency Services annually.

6.b
Packet Pg. 206 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 35 8. When staffing is available, supply 1-2 staff members during disasters that can rotate into the emergency operations center as needed by the County.

9. Ensure that all staff and volunteers responding to the disaster have completed ICS 100 & 700, as well as trained to the animal care and handling standards of the Contractor.

10. Train with other non-profits and groups in the County on evacuations, sheltering set ups and communications during a disaster, etc.

J. Mutual Aid
Contractor will:

1. Respond during a disaster in other Counties when requested by the San Mateo County Emergency Operations Center. Shelter and Field services must continue to operate in San Mateo County when providing support to other jurisdictions. Contractor shall use reasonable efforts to make staff available to assist with mutual aid, as requested and, when the Contractor reasonably determines that it is unable to do so, shall promptly provide a detailed written explanation of why it is unable to do so.

2. Contractor will work directly with San Mateo County Health and EOC during a disaster for mutual aid needs or supplies.

K. Recovery
Contractor will:

1. Work with animal owners on the pickup of their animals that have been cared for during the disaster. Thirty (30) days of Shelter fees can be waived by Contractor due to the disaster and include documentation in the database. If that animal needs to be held longer and more fees should be waived, Contractor will get approval from the County.

2. For those animals that owners wish to relinquish, the Contractor will look at alternative placement options for the animals such as adoptions, foster homes, or partner groups.

3. Plan Continuity of Operations Plan (COOP)

4. Within six (6) months of signing the agreement, Contractor will create a COOP for the provision of all contracted services in the event of a natural disaster or other significant unanticipated event that might otherwise disrupt services. Plan to be provided to the County annually.

VII. REPORTING
Provider will provide the following reports as specified within the required time period.

Monthly Reports DUE

1. Live animal intake kennel statistics (counts and
percentages) by:

Animal, including dogs, cats, other domestic
animals, and wildlife, Intake type, including
owner-surrender, confiscated, stray, ownerrequested, Outcome, adoption, reclaim, transfer, euthanasia, died, missing, owner-requested
Upon Invoicing

6.b
Packet Pg. 207 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 36 euthanasia, etc. by Jurisdiction and summarized

2. Dead animal statistics (counts and
percentages) by: Animal, including dogs, cats,
other domestic animals, and wildlife
Upon Invoicing

3. Field pick-up and drop-off: Jurisdiction and
summarized, Patrol calls and response times by
priority to include jurisdiction of the call and
outcome
Upon Invoicing

4. Field activities response times are to be
calculated from the time of the call for field
service to when the Animal Control Officer arrive
on the scene of the field activity. Report should
include the minimum time, maximum time,
average time, targeted time percentage per
priority, both summarized and by jurisdictional
location, and results.

Upon Invoicing

5. List of citizen complaints by jurisdiction and
category, timeline for resolution, and associated
outcome.

Upon Invoicing

6. Number of citations issued, categorized by
ordinance and jurisdiction.

Upon Invoicing

7. Number of voidable license citations issues
and number voided with the purchase of a
license.

Upon Invoicing

8. Revenues collected by jurisdiction and type
and summarized.

Upon Invoicing

9. Financial reports reflecting budget to actual
comparison information for revenues and
expenditures by line item. As an addendum to the
financial report, a narrative outlining any
foreseeable issues or operational changes that
the Contractor believes may be necessary for
approval by the County.

Upon Invoicing

10. Staff report on FTE percentage of hours
spent at the County shelter.

Upon Invoicing

Quarterly Reports Due

1. License sales performed by Contractor by
species and type and jurisdiction with summary.

Upon invoicing for January, April, July, October

2. Rabies vaccination and microchipping clinics
statistics, with summary of total vaccinations
administered by species and type.

Upon invoicing for January, April, July, October

3. Dangerous & vicious animal cases by
jurisdiction and outcomes.

Upon invoicing for January, April, July, October

4. Animal Control/Humane Officer training Upon invoicing for January, April, July, October

5. Humane Investigation report to include number
of calls, contacts, notices, citations, and number
of cruelty/neglect cases submitted to the District
Attorney/City Attorney for prosecution with
outcome.

Upon invoicing for January, April, July, October

6.b
Packet Pg. 208 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 37 6. Maintenance and repair report listing all
vehicles and the service received.

Upon invoicing for January, April, July, October

Annual Reports Due

1. All monthly and quarterly statistics listed above
compiled for an annual summary of animal
statistics
Prior calendar year upon invoicing for February

2. Medical services staff training--list of staff, type of training, and dates of completion.

Prior calendar year upon invoicing for February

3. Field officer training - list of staff, type of
training, and dates of completion.

Prior calendar year upon invoicing for February

4. Animal care staff training - list of staff, type of
training, and dates of completion.

Prior calendar year upon invoicing for February

5. Annual dog and cat statistics in basic matrix
format, including live release rates and the live
release rate formula used.

Prior calendar year upon invoicing for February

6. Annual financial audit statement. December 31st of the current year

7. Customer satisfaction rating survey results. Prior calendar year upon invoicing for February

8. A Continuity of Operations Plan (COOP) for
the provision of all contracted services in the
event of a natural disaster or other significant
unanticipated event that might otherwise disrupt
services.

Prior calendar year upon invoicing for February

9. A written cost allocation methodology
procedure. Methodology should consist of items
such as how direct services, such as field and
shelter personnel and supplies, cost are
distributed vs administration personnel that may
be used for other than County contract related
services, if applicable.

Prior calendar year upon invoicing for February

10. A list of all current employed personnel by
position paid for in full or part by the Contract with
the salary/benefits and percent of FTE for each.

Prior calendar year upon invoicing for February

11. Personnel Organization chart with the
percentage breakdown of FTE positions and
number of . For those personnel whose
responsibilities extend beyond the contract, the
organizational chart will indicate the percent of
full-time equivalence assigned to each staff
member for the contract that will be correlated
with the amount funded by the contract.

Prior calendar year upon invoicing for February

12. Detailed budget narrative outlining estimated
revenues and expenditures for operating and
capital needs, explanation of operational and
financial changes requested from the prior year,
major operation strategy shifts, and any other
items necessary to provide the County with an
understanding of the proposed spending plan for
Current fiscal year upon invoicing for August

6.b
Packet Pg. 209 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 38 the following year.

13. Current policy and procedures (SOPs). Prior calendar year upon invoicing for February

14. Contractor will notify the County by January
31st of each year the number of bite quarantines
handled for the past calendar year, broken down
by city, compared to the average number of
quarantines for the prior three (3) calendar years
and include data on in-home vs. shelter.

Contractor will provide statistical information to
the Animal Control & Licensing Manager
sufficient to allow for completion of the Local
Control Rabies Activity Report required by the
State of California. The past years rabies
information to be provided to the County no later
than February 15th of each year.

January 31st and February 15th for prior calendar year

15. Provide the County with an inventory list of
County owned equipment.

Prior calendar year upon invoicing for February

16. Number of spay/neuter surgeries provided to
San Mateo County residents, transfer partners
and shelter animals, number of spay/ neuter
surgeries provided to residents outside of San
Mateo County, divided by category, and total
spay/neuter surgeries.

Prior calendar year upon invoicing for February

17. Humane Investigation report to include
number of calls, contacts, notices, citations, and
number of cruelty/neglect cases submitted to the
District Attorney/City Attorney for prosecution with
outcome.

Prior calendar year upon invoicing for February

18. Number of volunteers, hours and tasks
performed.

Prior calendar year upon invoicing for February

19. Provide the County with an itemized list of all
County fees collected.

Prior calendar year upon invoicing for February

20. Number and type of disaster trainings
conducted, both within their organization and with
other groups in the County.

Prior calendar year upon invoicing for February

21. Contractor to provide annually a detailed
outline of what they will provide or do for kennel
enrichment for all animals housed at the shelter.

Prior calendar year upon invoicing for February

6.b
Packet Pg. 210 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 39 VIII. PERFORMANCE MEASURES
Incentive Performance Measures

1. 85% of stray and owner-surrendered animals that go through their stray hold will be moved to a positive outcome within three (3) weeks of entering the shelter. Detailed description of reasons for not meeting this objective is required for animals not moved within three (3) weeks (with the emphasis looking to improve the positive outcome over the duration of the contract). Dangerous animals, quarantined animals and animals in protective custody are excluded.

2. 95% of rabies specimens will be delivered to the San Mateo County Public Health Laboratory within 48 hours of arriving at the shelter. Detailed description is required in the notes in the Chameleon (or any successor system) software for animals not delivered within 48 hours

3. 95% of all animals entering the shelter will be administered vaccinations, dewormer, and flea control as appropriate for their species.

4. All animals receive a health assessment within 24 hours of the animal entering the shelter.

5. All dogs and cats receive an equitable full behavioral assessment no longer than 96 hours of the animal entering the shelter (not including the day of intake). Detailed description is required for animals not receiving a complete behavioral assessment. Excluded: Dangerous animals, quarantined animals, animals in protective custody, euthanasia requests, exotic animals, and fowl.

6. 95% of all priority 1 calls are responded to within 1 hour of the reporting party calling Dispatch.

7. 95% of all priority 2 calls are responded to within 4 hours of the reporting party calling Dispatch.

8. 90 % of all priority 3 calls are responded to within 18 hours of the reporting party calling Dispatch.

9. 85% of all priority 4 calls are responded to within 24 hours of the reporting party calling Dispatch.

10. Monthly reporting of the number of citations issued to animal owners. A detailed explanation is required for ±15% variation in the measure.

11. Monthly reporting of the number of citations voided due to license purchase.

12. Provide monthly reporting on the number of animals euthanized in the field by species type and jurisdiction.

13. 100% of investigative reports including available witness statements, photos, videos, veterinarian bills, medical bills, bite reports, and police reports to the County within 3 calendar days prior to a hearing, excluding weekends and holidays.

14. 90% of dead animals are removed within 18 hours.

15. 90% of all quarantines will be responded to within 18 hours of the reporting party either calling Dispatch or a faxed bite report being received.

16. Dispatchers answer 90% of calls to Dispatch in less than 2 minutes and have no more than a 10% abandoned call rate.

17. Contractor will report quarterly and annually how many cruelty cases have been investigated and the number of cases sent to the District Attorney or City Attorney for prosecution.

18. All live animals entering the shelter with a non-urgent medical issue are examined by veterinarian/technician within 24 hours. Examinations may be visual for animals that are unsafe to handle. A detailed explanation is required for ±10% variation in the measure.

19. All officers will be trained as per state law within 1 year of hire date.

20. All staff that have access to human medical documents must be HIPAA trained by the Contractor within 30 days of hiring.

6.b
Packet Pg. 211 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 40 21. Provide initial response (e.g. phone call, email, in-person visit) to resident complaints within 48 hours of receipt, with intent to resolve within a reasonable period. No more than a 10% variance

22. 5% increase in the number of pets receiving a rabies vaccination at monthly vaccine clinic based upon

23. Number of pets receiving a license during the vaccine clinics shall increase 10% each year by using a baseline the prior fiscal year and for each consecutive year throughout the term of the contract.

24. Contractor shall only report out for response times those field activities logged into Chameleon (or any successor system) those that are dispatched to field staff and when they arrive on scene to the location of the activity. If other field services activities, such as phone calls, emails or text messages are logged into Chameleon (or any successor system) they will not be counted in the response time report.

25. Written audit and opinions shall be supplied to the County by December 31st of each calendar year for the previous fiscal year.

Non-Incentive Performance Measures

26. All received animals will receive a microchip scan. Detailed description is required for animals not receiving a microchip scan

27. Contractor to provide annually a detailed outline of what they will provide or do for kennel enrichment for all animals housed at the shelter.

28. Contractor will have written policies and procedures on euthanasia with a goal of ensuring that non-aggressive and healthy or treatable animals that enter the shelter system are not euthanized and that such animals are given a positive outcome through redemptions, adoptions and transfers to other organizations.

29. Contractor will have comprehensive written policies and procedures on Field Services. Policies and procedures should include proper care and handling of animals, emergency response procedures, how animals are placed into the vehicle, how officers will keep animals protected from the heat and cold in their vehicle, and standards for cleaning and disinfecting vehicles.

30. Contractor will have comprehensive written policies and procedures on Veterinary Medical Services. Policies and procedures should include proper care of injured and sick animals

31. All staff that will be euthanizing animals shall be trained per state law prior to performing euthanasia.

32. All staff and volunteers that will be responding to or caring for animals during a disaster shall take the ICS 100 & 700 online classes.

33. Contractor will be 100% in compliance with documentation outlined in this contract of animals entering the shelter. The County program manager of Animal Care and Control may conduct annual reviews of animal records.

34. Contractor shall maintain books, records, reports and accounts adequate to allow County and/or the auditor to fully evaluate, ass
contract funds under the Agreement, and allow inspection of same by County at any time with 24 hour notice, as outlined in this Agreement

35. Contractor shall use reasonable efforts to make staff available to assist with Mutual aid, as requested and, when the contractor reasonably determines that it is unable to do so, it shall promptly provide a detailed written explanation of why it is unable to do so:

36. Contractor will have comprehensive written policies and procedures on the Volunteer Program.

Contents of the policies and procedures should include, but not be limited to, the application form and process, job descriptions, selection and supervision, orientation and training, performance reviews, outline allowable and non-allowable activities, and a process for dismissal.

6.b
Packet Pg. 212 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 41 Exhibit B
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms:

The total amount that the County shall be obligated to pay for services rendered in this agreement shall not exceed THIRTY TWO MILLION FIVE HUNDRED FORTY EIGHT THOUSAND NINE HUNDRED EIGHTY NINE DOLLARS AND NINETY ONE CENTS ($32,548,989.91). The county shall pay the contractor in accordance with the following terms:

A. Budget

1. Fiscal Year and Amount
a) 2021-22: $6,189,290.95
b) 2022-23: $6,327,480.28
c) 2023-24: $6,499,455.67
d) 2024-25: $6,674,024.00
e) 2025-26: $6,858,739.01

2. All funds paid to Contractor pursuant to this Services Agreement shall be used by the Contractor to meet its obligations herein.

3. A detailed proposed budget is included as Exhibit F.

4. An additional amount of $100,000 annually will be included in the total budget to provide an incentive. Ability to access incentive funds will be determined based on:
a) Should the Contractor achieve all 25 of the incentive performance measure targets the Contractor will receive 100% of incentive ($100,000).
b) Should the Contractor achieve 90% (23) of incentive performance measures the Contractor will receive $75,000.
c) Should the Contractor achieve 80% (20) of incentive performance measures the Contractor will receive $25,000.

B. Incentive Money

1. Incentive money is to be used to benefit the animals in San Mateo County (i.e., additional micro-chipping & vaccine clinics, mobile spay and neuter, disaster equipment, etc.) and Contractor will provide a summary report on how the incentive money was spent.

C. Cost Overruns

1. During any fiscal year of this Services Agreement, if the costs necessary and incidental reasonably anticipated, Parties hereto shall meet to discuss what steps should be taken.

In no event shall the County provide additional reimbursement for costs overruns without

6.b
Packet Pg. 213 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 42 2. If county or state laws are passed during the term of this Services Agreement that require a greater level of service, County agrees to negotiate in good faith with Cities and Contractor to reimburse Contractor for additional costs associated with implementing the new laws. Should such amendments result in significantly increased costs to Contractor, Parties agree to negotiate in good faith to agree on appropriate reimbursement. If Parties are unable to agree on reimbursement costs, Contractor shall document the increased costs and submit to the County Controller. The Controller will conduct an independent audit. Parties agree to

3. If current state laws are amended, repealed, otherwise changed or suspended during the term of this Services Agreement that reduce, increase, alter, or remove existing relevant mandates, County may require Parties to meet to discuss possible financial and operational impacts of levels of service per the change in law, including but not limited to any decrease in contract amounts paid to Contractor. If, within 90 days, Parties reach mutual agreement as to how to proceed as a result of the change in law, it shall be memorialized as an amendment to this Services Agreement. If, after no less than ninety (90) days, Parties do not reach mutual agreement as to how to proceed as a result of the change in law, the County Controller will conduct an independent audit. Parties then have Should Parties decide not to accept
ne
whether they wish to exercise early termination of this Services Agreement, as set forth below.
days results in this Services Agreement continuing without change or amendment for the duration of the term determined by Section 9 Term and Termination of this Services Agreement. Should either Party chose to exercise this early termination option, the Party shall do so by providing three-hundred-sixty-five (365) days prior written notice to other Party of its decision to terminate.

D. Modifications to the Budget or Payments

1. Any changes to the budget in Exhibit F must be requested in writing to the County no later than February 1 of the prior fiscal year for approval and a possible contract amendment by March of that year.

2. In the event that funds provided under this Agreement are expended prior to the end of the contract term period, Contractor shall provide ongoing services under the terms of this Agreement through the end of the contract period without further payment from County.

3. In the event that funds provided under this Agreement are not expended prior to the end of a fiscal year, Contractor shall have the opportunity to request funds no later than February 1 of the prior fiscal year to be used in the subsequent 12-month period with clear explanation for how those additional funds would be expended, and the County shall determine what amount of rollover funds will be available by March of the year.

E. Budget Monitoring and Exceptions

1. Revenue accounts shall be established for each service and shall be maintained separately by Contractor.

F. Method of Payment and Invoicing

1. Within 20 business days of the end of each month, Contractor must submit an invoice of actual costs for provision of services provided in Exhibit A for the prior month.

6.b
Packet Pg. 214 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 43 a) For the month of June each year, the following deadlines for invoices exist.

Specific dates for each fiscal year close will be confirmed in May of that year. (1) June 18, 2022
(2) June 17, 2023
(3) June 15, 2024
(4) June 21st, 2025
For the FY of July 2021-June 2022, Contractor may submit one initial invoice to the County by July 5th, 2021 in the amount of $500,000 as an advance payment for the fiscal year. The Contractor will reconcile this one-time advance payment on or before the September invoice. a) A similar arrangement for a one-time annual advance payment in July for each fiscal year will be in place.

2. Other than the advance payments in July of each year, which are reconciled by September of each year, Contractor will only invoice for actual costs.

3. Within 20 business days of the termination or expiration of the contract, Contractor must submit a final invoice and refund to County any advanced funds in excess of actual costs. annual fiscal obligation under this Agreement
exceed the amounts noted in Exhibit B Section A. Budget 1. Fiscal Year and Amount.

4. In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County or credit a portion of such advance payments to the County. Contractor is not entitled to payment for work not performed as required by this Agreement
a) Invoices are to be sent to:

Lori Morton-Feazell
San Mateo County Animal Control and Licensing
225 37th Ave, PONY PBH319ACL
San Mateo, CA 94403
650-573-3726
[email protected]
b)
the County shelter
(1) Total amount of expenses incurred
(2) A breakdown of those expenses according to budget categories included in Exhibit F
(3) A payroll report of positions identified in the annual organizational chart (4) Associated reports on performance metrics
(5) A description of any accomplishments or challenges in providing services or changes to service provision.

5. Additional supporting documentation is not required to be submitted with invoices, however, the County can request supporting documentation on demand.

6.b
Packet Pg. 215 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 44 G. Signature Claims Certification and Program Integrity

1. Anytime Contractor submits an invoice to the County for reimbursement for services provided under Exhibit A of this Agreement, Contractor shall certify by signature that the invoice is true and accurate by stating the invoice is submitted under the penalty of perjury under the laws of the State of California.

2. The invoice must include the following language and signature line at the bottom of the form(s) and/or cover letter used to submit the invoice.

3. that this claim for services complies with all terms and conditions referenced in the Agreement with San Mateo County.

Executed at _______________ California, on __________20___ Signed ____________________ Title ____________________

6.b
Packet Pg. 216 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 45 Exhibit C
Excluded Services
1) Enforcement of regulations regarding the number of animals per household. 2) Removal and/or disposal of dead marine animals.
3) Pick up of baby birds.
4) Pick up of dead animals (deer, wildlife or domestic) from freeways or highways (1, 35 (Skyline Blvd.), 82 (El Camino Real), 84 (Woodside Road), 92, 101, 109, 114, 230, 280, 380). Freeways and highways are maintained by CALTRANS.
5) Respond to barking dog complaints or animal noise nuisance complaints. 6) Respond, whether dead or alive, to marine mammals/fish 7) Routine patrol of leash-law enforcement in parks, beaches, and other public places when other priority calls are pending. When there are no priority calls pending, Contractor will respond to complaints, calls, and observed violations regarding off-leash dogs in parks, beaches, and other public places where off leash dogs are not allowed, e,
and will maintain a patrol of no farther 500 yards from the vehicle. 8) Under no condition shall a dangerous or vicious animal designation when determined in accordance with relevant County or City ordinance, placed on an animal by a law enforcement officer of any contract area as shown in Exhibit B to be overridden by Contractor. In cases where the contract area law enforcement officer is designating the animal as dangerous or vicious, eded regarding prior history with
animal and/or owner.
9) Contractor will not accept animals at the County Shelter facility which belong to non-San Mateo County residents, unless an emergency arises requiring surrender of an animal. The County Shelter may accept stray animals that were found outside of San Mateo County. The Contractor shall attempt to immediately transfer the stray animal to the proper shelter in the County where it was found in a commercially expeditious manner.
10) Respond to pest-control issues (e.g., infestations, perceived or real, of rats, mice, insects, gophers, wasps, or spiders, etc.)
11) Investigate dog vs. dog incidents at County and/or City or other approved off-leash dog areas including dog parks, beaches, public parks, etc. Contractor will investigate dog vs. dog incidents at approved off leash dog areas as defined in the Ordinance. 12) Investigation of Animal Cruelty cases. -profit
organization. Contractor will ensure that the Humane investigators attend an annual training with investigate along with the number of cases sent to the District Attorney for prosecution. In the event that Contractor determines that its donor funding levels have been reduced to the level that it cannot sustain the Cruelty/Neglect program, the parties agree to meet and confer about whether or not to amend this Agreement to allow for County and City cost sharing to support the program, or the County and cities taking over responsibility for the costs of the program. 13) Spay & Neutering of Animals being placed for adoptions and low-cost surgeries for the public. -profit organization. Annually a report will be sent to the County that includes number of public and adoptable animal surgeries and number of surgeries performed for County residents and non-residents.
14) Care, treatment and rehabilitation of wildlife.

6.b
Packet Pg. 217 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 46 Exhibit D
Contract Areas
The unincorporated County and the following Cities have contracted for services pursuant to this Services Agreement:

6.b
Packet Pg. 218 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 47 Exhibit E
Fees to be Collected for Services Provided
In consideration of the payments set forth in Exhibit B, Contractor shall make every attempt to collect all of the following fees from the responsible party. Contractor has no authority to negotiate, waive, or retain fees.

A. The following are fees as outlined in the applicable County or City Fee Ordinance are to be charged and collected by the Contractor to the party taking responsibility of the animal and then sent on a weekly basis to the County by the Contractor.

1. Licensing revenue is to be itemized by jurisdiction and category type.in a format provided by the County.
a) All licensing fees as shown in San Mateo County ordinance 6.04.290 (a) and comparable City ordinances, including late fees whenever applicable.

B. The following are fees as outlined in the applicable County or City Fee Ordinance are to be charged and collected by the Contractor to the party taking responsibility of the animal and then sent on a monthly basis to the County by the Contractor.

1. All redemption charges as shown in San Mateo County Ordinance 6.04.290 (b) with the following limitation:
a) Impound charges and board costs for all animals except wildlife, unless wildlife is legally under permit for possession by a private citizen, including Vincent Bill Unaltered impound fees;
b) Transportation and trailing costs for equine, swine, bovine, sheep, goats, and any other animals Contractor deems advisable to move by trailer; and c) Animal rescue costs on private property.

2. All surrender, euthanasia and dead on arrival disposal fees, as shown in San Mateo County Ordinance 6.04.290 (c).

3. Quarantine fee Home, as shown in San Mateo County Ordinance 6.04.290 (d).

4. Dangerous Animal Permit permit, inspection, and signage fees, as shown in San Mateo County Ordinance 6.04.290 (e), (f), and (g).

5. Field Return fees, as shown in San Mateo County Ordinance 6.04.290 (h).

6. Breeding and Fancier Permit fees, as shown in San Mateo County Ordinance 6.04.290 (i) and (j).

7. Return check fees, as shown in San Mateo County Ordinance 6.04.290 (k).

8. Record request fees, as shown in San Mateo County Ordinance 6.04.290 (l).

9. Administrative hearing fees, as shown in San Mateo County Ordinance 6.04.115 (f) or the applicable city ordinance.

10. Fees collected for dead animal pick-up in public areas and disposal; trap rental; dead animal pick-up on private property; and citation clearance.

6.b
Packet Pg. 219 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 48 C. Uncollectable Fees

1. Contractor has no legal authority to negotiate, waive or retain fees for services unless provided by the applicable ordinance. Contractor shall collect all fees at the time of service or prior to release of impounded animal or release otherwise authorized per this Agreement.

2. Contractor shall use all reasonable efforts to collect the fee from the responsible party not release the animal until fees are paid unless refusing to release the animal would, in reasonable estimation, potentially jeopardize the safety of its staff, volunteers or facility.

3. Contractor will provide responsible party with a form provided by the County and agreed to by Contractor. Form will acknowledge debt for services provided by Contractor Parties shall meet when
necessary to agree upon the form.

4. If fees remain uncollectable after reasonable efforts, Contractor will send the following to the County on a monthly basis:
a) Excel spreadsheet showing the following:
(1)
(2) Service provided and fee charged by Contractor
(3) Reason Contractor was unable to collect fee at the time of service b) Itemized invoice
c) Returned check, if applicable

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Packet Pg. 220 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 49 Exhibit F Five-Year Budget (PROPOSED IN RFP) Entity Name: Peninsula Humane Society Year 1 Budget Year 2 Budget Year 3 Budget Year 4 Budget Year 5 Budget Grand Budget Category Total Total Total Total Total Total Personnel $3,432,241.20 $3,529,662.03 $3,635,551.89 $3,744,618.44 $3,856,957.00 $18,199,030.55 Fringe $1,120,626.75 $1,152,434.65 $1,187,007.69 $1,222,617.92 $1,259,296.46 $5,941,983.48 Operating Expenses $1,139,500.00 $1,162,290.00 $1,185,535.80 $1,209,246.52 $1,233,431.45 $5,930,003.76 Equipment $78,200.00 $79,764.00 $81,359.28 $82,986.47 $90,058.36 $412,368.10 Subcontracts $387,080.00 $373,221.60 $379,486.03 $385,875.75 $392,393.27 $1,918,056.65 Other Costs $31,643.00 $30,108.00 $30,514.98 $28,678.90 $26,602.48 $147,547.36 Total Expenditures $6,189,290.95 $6,327,480.28 $6,499,455.67 $6,674,024.00 $6,858,739.01 $32,548,989.91

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Packet Pg. 221 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 50 Attachment H
Health Insurance Portability and Accountability Act (HIPAA) Business Associate Requirements
I. DEFINITIONS
Terms used, but not otherwise defined, in this Schedule shall have the same meaning as those terms are defined in 45 Code of Federal Regulations (CFR) sections 160.103, 164.304, and 164.501. All regulatory references in this Schedule are to Title 45 of the Code of Federal Regulations unless otherwise specified.
a. Business Associate.
term "business associate" at 45 CFR 160.103, and in reference to the parties to this agreement shall mean Contractor.
b. Covered Entity. "Covered entity" shall generally have the same meaning as the term ent shall
mean County.
c. HIPAA Rules. "HIPAA rules" shall mean the Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR part 160 and part 164, as amended and supplemented by Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009. d. Designated Record Set. "Designated Record Set" shall have the same meaning as the term "designated record set" in Section 164.501.
e. Electronic Protected Health Information. "Electronic Protected Health Information" (EPHI) means individually identifiable health information that is transmitted or maintained in electronic media; it is limited to the information created, received, maintained or transmitted by Business Associate from or on behalf of Covered Entity. f. Individual. "Individual" shall have the same meaning as the term "individual" in Section 164.501 and shall include a person who qualifies as a personal representative in accordance with Section 164.502(g).
g. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. h. Protected Health Information. "Protected Health Information" (PHI) shall have the same meaning as the term "protected health information" in Section 164.503 and is limited to the information created or received by Business Associate from or on behalf of County. i. Required By Law. "Required by law" shall have the same meaning as the term "required by law" in Section 164.501.
j. Secretary. "Secretary" shall mean the Secretary of the United States Department of Health and Human Services or his or her designee.
k. Breach. The acquisition, access, use, or disclosure of PHI in violation of the Privacy Rule that compromises the security or privacy of the PHI and subject to the exclusions set forth in Section 164.402. Unless an exception applies, an impermissible use or disclosure of PHI is presumed to be a breach, unless it can be demonstrated there is a low probability that the PHI has been compromised based upon, at minimum, a four-part risk assessment:

1. Nature and extent of PHI included, identifiers and likelihood of re-identification;

2. Identity of the unauthorized person or to whom impermissible disclosure was made;

3. Whether PHI was actually viewed or only the opportunity to do so existed;

4. The extent to which the risk has been mitigated.
l. Security Rule. "Security Rule" shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Part 160 and Part 164, Subparts A and C.

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Packet Pg. 222 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 51 m. Unsecured PHI.
unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in relevant HHS guidance. n. Security Incident. "Security Incident" shall mean the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with systems operations in an
includes all incidents that constitute breaches of unsecured protected health information.

II. OBLIGATIONS AND ACTIVITES OF CONTRACTOR AS BUSINESS ASSOCIATE a. Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by the Agreement or as required by law. b. Business Associate agrees to use appropriate safeguards to comply with Subpart C of 45 CFR part 164 with respect to EPHI and PHI, and to prevent the use or disclosure of the Protected Health Information other than as provided for by this Agreement. c. Business Associate agrees to make uses and disclosures requests for Protected Health Information consistent with minimum necessary policy and procedures. d. Business Associate may not use or disclose protected health information in a manner that would violate subpart E of 45 CFR part 164.504 if used or disclosed by Covered Entity. e. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. f. Business Associate agrees to report to County any use or disclosure of Protected Health Information not authorized by this Agreement.
g. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of County, agrees to adhere to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. h. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to provide access, at the request of County, and in the time and manner designated by County, to Protected Health Information in a Designated Record Set, to County or, as directed by County, to an Individual in order to meet the requirements under Section 164.524.
i. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the County directs or agrees to make pursuant to Section 164.526 at the request of County or an Individual, and in the time and manner designed by County.
j. Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of County, available to the County at the request of County or the Secretary, in a time and manner designated by the County or the Secretary, for purposes of the Secretary determining County's compliance with the Privacy Rule. k. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528.
l. Business Associate agrees to provide to County or an Individual in the time and manner designated by County, information collected in accordance with Section (k) of this Schedule, in order to permit County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528.

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Packet Pg. 223 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 52 m. Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI that Business Associate creates, receives, maintains, or transmits on behalf of County. n. Business Associate shall conform to generally accepted system security principles and the requirements of the final HIPAA rule pertaining to the security of health information. o. Business Associate shall ensure that any agent to whom it provides EPHI, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect such EPHI.
p. Business Associate shall report to County any Security Incident within three (3) business days of becoming aware of such incident. Business Associate shall also facilitate breach notification(s) to the appropriate governing body (i.e. HHS, OCR, etc.) as required by law.

As appropriate and after consulting with County, Business Associate shall also notify affected individuals and the media of a qualifying breach. q. Business Associate understands that it is directly liable under the HIPAA rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of Protected Health Information that are not authorized by this Attachment, the underlying contract as or required by law.

III. PERMITTED USES AND DISCLOSURES BY CONTRACTOR AS BUSINESS

ASSOCIATE
Except as otherwise limited in this Schedule, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, County as specified in the Agreement; provided that such use or disclosure would not violate the Privacy Rule if done by County.

IV. OBLIGATIONS OF COUNTY
a. County shall provide Business Associate with the notice of privacy practices that County produces in accordance with Section 164.520, as well as any changes to such notice. b. County shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect Business Associate's permitted or required uses and disclosures. c. County shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that County has agreed to in accordance with Section 164.522.

V. PERMISSABLE REQUESTS BY COUNTY
County shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if so requested by County, unless the Business Associate will use or disclose Protected Health Information for, and if the Agreement provides for, data aggregation or management and administrative activities of Business Associate.

VI. DUTIES UPON TERMINATION OF AGREEMENT
a. Upon termination of the Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from County, or created, maintained, or received by Business Associate on behalf of County, that Business Associate still maintains in any form.

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Packet Pg. 224 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 53 This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information.
b. In the event that Business Associate determines that returning or destroying Protected Health Information is infeasible, Business Associate shall provide to County notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of the Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protection Health Information.

VII. MISCELLANEOUS
a. Regulatory References. A reference in this Schedule to a section in the HIPAA Privacy Rule means the section as in effect or as amended, and for which compliance is required. b. Amendment. The Parties agree to take such action as is necessary to amend this Schedule from time to time as is necessary for County to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act, Public Law 104-191. c. Survival. The respective rights and obligations of Business Associate under this Schedule shall survive the termination of the Agreement.
d. Interpretation. Any ambiguity in this Schedule shall be resolved in favor of a meaning that permits County to comply with the Privacy Rule.
e. Reservation of Right to Monitor Activities. County reserves the right to monitor the security policies and procedures of Business Associate.

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Packet Pg. 225 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 54 Attachment I
Fingerprinting Certification Form
DATE: July 1, 2021
AGREEMENT WITH: Peninsula Humane Society & SPCA
FOR: Peninsula Humane Society & SPCA
Contractor will require records of fingerprinting and background checks for program staff in sensitive positions including animal control officers, humane officers, and staff who treat animals with controlled drugs or perform euthanasia.

NAME: Anthony Tansimore
TITLE: President:Customer1
SIGNATURE:

DATE:

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Packet Pg. 226 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 55 Attachment J
Rabies Algorithm

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Packet Pg. 227 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 56 6.b
Packet Pg. 228 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 57 6.b
Packet Pg. 229 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 58 6.b
Packet Pg. 230 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 59 6.b
Packet Pg. 231 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 60 6.b
Packet Pg. 232 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 61 Attachment K
Animal Shelter Facility Use and Maintenance Agreement

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Packet Pg. 233 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend Animal Shelter Facility
Use and Maintenance Agreement
Between
The County of San Mateo as County"
and
Peninsula Humane Society & SPCA as Contractor"
for
The Animal Shelter Facility
12 Airport Blvd, San Mateo CA 94401

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Packet Pg. 234 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 1 Section I. General Provisions
A. The purpose of this Animal Shelter Facility Maintenance Agreement ("Agreement") is to set forth the roles and responsibilities of the County of San Mateo (hereinafter "County," which includes employees, officers, and authorized representatives), acting through its San Mateo County Health Division of Public Health Policy & Planning ("PHPP"), and the County Public Works Department Facilities Maintenance, Operations and Building Services ("Facilities Services"); and the Peninsula Humane Society & SPCA (hereinafter "Contractor," which includes employees, officers, and authorized representatives) for Contractor's use, operation and management of the Animal Shelter Facility, located at 12 Airport Boulevard, in the incorporated area of the City of San Mateo, California ("Shelter").

B. The parties understand and agree that Contractor's use of the County-owned Shelter is pursuant to and contingent upon an active Service Agreement between Contractor and County for Contractor's animal control services to the County ("Animal Control Services Agreement"). Contractor may use and occupy the Shelter only for the purpose of providing animal control and sheltering services to the County and cities as set forth in the Animal Control Services Agreement and any additional activities as mutually agreed to by Parties. This Agreement shall terminate concurrently with the Animal Control Services Agreement.

If there is a material breach of this Agreement by Contractor, then this Agreement is subject to termination at the County's option if Contractor fails to cure the breach within sixty days (60) notice by County of such breach. However, if the breach Is causing continuing damage to the Shelter, County may take any steps necessary to immediately halt such damage, and if the breach is intentional or negligent, then Contractor shall be solely responsible for the cost and expense.

Upon expiration or termination of this Agreement and/or the Animal Control Service Agreement, Contactor shall be given 7 days to vacate the Shelter by removing all Contractor-owned and personal items and return the Shelter in a clean and orderly fashion, ordinary wear and tear excepted. Contractor will use best efforts to not disrupt any operations occurring at the shelter during this time C. This Agreement shall be in effect from the date last signed below and run concurrent with the Animal Services Agreement and any fully executed extensions. Upon termination of this Agreement, Contractor shall vacate the Shelter on the date of termination and return it to County in good condition, excepting normal wear and tear. Any damage to the Shelter caused by the negligent or intentional acts of Contractor shall be promptly repaired by Contractor at its sole expense and not out of Contract funds or other County funds.

D. The County acknowledges and agrees that the entirety of fees and costs related to Contractor's operation of the Shelter, and/or performance of this Agreement, shall be funded solely from the Contract Funds provided to Contractor from County under the

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Packet Pg. 235 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 2 Animal Control Services Agreement, except as otherwise provided herein. The County and Contractor acknowledge and agree that if the Contract Funds prove insufficient to meet the financial needs of maintaining the Shelter, and/or performing Contractor's maintenance and repair duties under this Agreement, the Contractor will not be responsible for the payment of any overage, unless caused by its negligent or intentional acts or omissions. If the Contractor anticipates costs that will exceed the Contract Funds, Contractor will use best efforts to provide County with notice as soon as it becomes aware of such potential overage, on a quarterly basis, and provide adequate documentation of the cause and amount of such anticipated coverage.

E. Indemnification and Insurance

1. Hold Harmless & Indemnification
(i) Contractor shall hold harmless and indemnify the County, and each participating city as listed in the Animal Shelter Service Agreement as third party beneficiaries, their officers, agents, and employees from all claims related to performance of this Agreement and/or use, operation, maintenance or repair of the Shelter by Contractor or its employees, contractors or agents including suits or actions of every name, kind and description, brought for, or on account of: (1) injuries to or death of any person, including but not limited to actions brought for (or on account of) injuries or death to County or Contractor's agents, officers or employees; (2) damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to damage to property of County or Contractor or its agents, officers, or employees; or any other loss or cost, resulting from the performance or nonperformance of any activities undertaken under this Agreement, and/or which result from the negligent or intentional acts or omissions of Contractor, its officers, agents or employees. This obligation shall survive the termination of this Agreement for any claims arising during its term.
(ii) The County shall hold harmless and indemnify Contractor, its officers, agents, and employees from all claims caused by the conduct of the County, or its agents, officers or employees, including but not limited to suits or actions of every name, kind and description, brought for, or on account of: (1) any and all claims related to the construction, and/or repair of the shelter by the County, whether such claims are based on performance or performance of an obligation, and whether such claims are based on conduct that happened before and/or after Contractor took possession of the Shelter; (2) injuries to or death of any person, including but not limited to actions brought for (or on account of) injuries or death to County's agents, officers or employees; (3) damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to damage to property of the County or its agents, officers, or employees;

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Packet Pg. 236 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 3 or any other loss or cost, resulting from the performance or nonperformance of any activities undertaken under this Agreement, and which result from the negligent or intentional acts or omissions of the County, its officers or employees. This obligation shall survive the termination of this Agreement.
(iii) In the event claims are brought against Contractor and County, the ultimate liability for damages, shall be apportioned according to the comparative fault of Contractor and County.

The duty of Contractor, and of the County, to relieve, indemnify, protect and hold harmless, as set forth hereinabove, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

2. Property Damage Coverage
All Risk Contractor at its cost shall maintain on the building and improvements that are a part of the Shelter a policy of all risk property, in the amount of the replacement value of the Shelter, its improvements and contents. The insurance policy shall be issued in the names of County and Contractor as their interests appear. The insurance policy shall provide that any proceeds shall be payable to County, excluding proceeds related to damage to equipment and supplies owned by Contractor.

3. Liability Insurance
Contractor at its cost shall maintain Comprehensive Liability insurance for the following coverages with the following limits Insuring against all liability of Contractor and its authorized representatives arising out of and in connection with Contractor's use or occupancy of the Premises:
(i) Shelter Premises Liability with a minimum limit of $1,000,000 Combined Single Limit (CSL) each occurrence; and
(ii) All Comprehensive Liability insurance shall insure performance by Contractor of the Hold Harmless and Indemnification Sub-section of this Agreement;
(iii) County shall be named as "additionally insured";
(iv) All required Insurance shall contain a Separation of Insureds or Severability of Interests provision; and
(v) The policy shall not be cancelled or non-renewed unless the County has received 30 days prior written notice. (Ten days prior notice in the event of cancellation for nonpayment of premium is acceptable.) Written notice shall be sent to:

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Packet Pg. 237 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 4 County of San Mateo
Attn: Animal Services
225 37th Ave.

San Mateo CA. 94403

4. Workers' Compensation and Employer's Liability Insurance During the entire term of this Agreement, Contractor shall have in effect Workers' Compensation coverage providing full statutory benefits and employer's liability.

In executing this Agreement, Contractor makes the following certification:

Contractor is aware of the provisions of Section 3700 of the California Labor Code, which require every employer (1) to be insured against liability for Workers' Compensation or (2) to undertake self-insurance in accordance with the provisions of the Code. Contractor will comply with such provisions.

5. Miscellaneous Insurance Provisions
Contractor shall pay the premiums for maintaining the insurance required hereinabove. All the insurance required under this Agreement shall:
(i) Be issued by insurance companies authorized to do business in the State of California, with a financial rating of at least an A- IV status as rated in the most recent edition of Best's Insurance Reports. Coverage provided by State Fund Insurance shall satisfy this requirement. (ii) Be issued as a primary policy.
(iii) Contain an endorsement requiring thirty (30) days' notice from the insurance company to both parties before cancellation or change in the coverage, scope, or amount of any policy.
(iv) County shall be named as "additionally insured" on each policy.

6. Certificate of Insurance
A certificate of insurance, together with evidence of payment of premium, shall be deposited with County at the commencement of this Agreement, and on renewal of the policy not less than twenty (20) days before expiration of each policy.

In the event Contractor fails to deliver the certificate of insurance verifying insurance coverage as required in this Section, County may declare a material breach and terminate the Agreement as provided herein or, at its option take out all or part of the required insurance and pay the premium thereon on behalf of Contractor.

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Packet Pg. 238 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 5 7. Force Majeure
(i) Neither party is responsible for any failure to perform or delay In performing its obligations under this contract, to the extent it is prevented or delayed in performing those obligations by an event of force majeure. (ii) Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party In performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract.
(iii) Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this contract. Where the party affected is the contractor, the contractor must provide, within 15 business day, a schedule for managing the Contractor's obligations under this Agreement to minimize the effects of the prevention or delay caused by the event of force majeure.
(iv) An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
(v) Definition. An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent, and includes but is not limited to such matters as:
a) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
b) ionizing radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component;
c) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;
d) earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity;
e) regional health emergency due to government health
advisory(ies); and

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Packet Pg. 239 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 6 f) strikes at national level or industrial disputes at a national level, or strike or industrial disputes by labor not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works but excluding any industrial dispute which Is specific to the performance of the works or this contract. g) Increased costs incurred by Contractor in the provision of services under this Agreement, shall not In itself be considered an event of force majeure even if such increased costs are the result of such an event.

Section II. Contract Information
To better coordinate all services, Facilities Services has established the Facilities Customer Service Center (FCSC). The FCSC provides a single point of contact for customers and dispatch of staff and should be the primary resource for departmental or Contractor's Maintenance Coordinators and others responsible for requesting maintenance services. The FCSC is staffed during normal business hours and can be reached at 363-4444.

For management issues and/or to discuss specific activities or projects, the overall coordinator of this Agreement and the main point of contact is Gary Behrens, Facilities Services Manager, 363-1875.

For custodial issues specifically, contact Duane Minor, Building Services Manager, 363-4445.

The supervisor for each area or function will manage day-to-day activities:

1. Win Maung, 599-1300 ([email protected]). Operation and maintenance of facility systems and equipment for County owned buildings at the Government Center, Redwood City.

2. Thomas Sipp, 312-5257 ([email protected]). Operation and maintenance of facility systems and equipment for County owned and leased buildings in outlying areas.

3. Patrick Oliver, Crafts Supervisor, 363-1877 ([email protected]). Repair, maintenance, and safety/regulation required upgrades related to carpentry, painting, and locksmith services for all County facilities.

4. Jose Villalobos or Mark LaGrone, 363-1951 ([email protected] & [email protected]). Custodial, parking lot, loading dock, and room set-up services for all County Center facilities.

Facilities Services is responsible for updating and maintaining this list with current contact information.

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Packet Pg. 240 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 7 Section III. Baseline Services
The baseline services outlined below are to be paid for by Contractor solely with funds provided to Contractor under the Animal Control Services Agreement the provided ("Contract Funds") (see Section VII for current charges). If these fees exceed the Contract Funds, the financial obligations shall be resolved in accordance with Section I.D., supra.

A. General Shelter Facility

1. Preventive Maintenance and Routine Repairs
Facilities Services will responsible for performing regular repair and maintenance on the Shelter, including all parts, material and labor. Facilities Services will make, or schedule repairs as determined by the County to be needed, or pursuant to a reasonable request by Contractor, with 24 hours advance notice to Contractor if possible, by phone or email. Repairs and maintenance include, but are not limited to, any and all work on the following areas of the Shelter:
i. Structural portions of buildings (roof, gutters, doors, skylights windows, flooring)
ii. Solar panels and carports
iii. Repair and maintenance to the building mechanical systems including heating, ventilation & air conditioning system (HVAC), electrical distribution and lighting
iv. Repairs of electrical systems (except for light fixtures) v. Exterior painting (with exception of any touch-up exterior painting) vi. Interior painting of common areas in County standard colors (entrances, lobbies, restrooms, main hallways)
vii. All major plumbing issues shall be maintained by Facilities Services; however, toilet fixtures and sink clogs shall be the responsibility of the Contractor. If any damage is caused by Contractor's, or a vendor of Contractor's, intentional or negligent acts, Contractor shall be responsible for the cost of repair, not out of Contract Funds. County shall not be considered a vendor for the purposes of this Agreement. viii. Preventative maintenance of the fire alarm system ix. Generators and emergency power systems
x. All warranty work related to the new construction. Facilities Services to communicate to Contractor which items are under warranty. xi. Facilities Services staff will perform quarterly facility inspections to identify the condition of the various systems and structure and will identify necessary repairs or maintenance to be performed to keep the facility in proper condition. Facilities Services and other County staff or officials may inspect the condition of the Shelter Facility at any time during working hours. In order to limit the impact to Contractor operations, County shall provide Contractor with at least 24 hours'

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Packet Pg. 241 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 8 notice of the intended inspection, which notice may be provided by email.

2. Contractor Obligation to Notify of Needed Repairs or Maintenance Contractor shall promptly notify Facilities Services of any necessary repairs or maintenance that could impact the long-term condition of the Shelter, or the provision of animal control and animal care services to the County.

3. Emergency Repairs
Facilities Services will assure response in all critical situations within 2 hours of receiving actual notice, making immediate temporary repairs when required for safety or security reasons. Examples of such situations include but are not limited to:
(i) Broken windows, doors and locks
(ii) Air conditioning in computer server rooms and other sensitive areas (iii) Interruption of electrical service
(iv) Broken pipes and clogged plumbing (Contractor shall try to clear clogs In toilet or drain prior to calling Facilities Services)
(v) Leaking roofs
(vi) Damage resulting from natural disasters
(vii) Other situations which Contractor or County reasonably determines compromises the immediate health or well-being of the animals, the staff, volunteers or visiting public.

4. Process by which Contractor addresses Repairs/Service Needed on an Emergency Basis
(i) Upon becoming aware of a situation, Contractor shall immediately notify Facilities Services of any repairs or maintenance needed to address items that could cause immediate damage or injury to the Shelter, or to persons working or animals being cared for therein, including but not limited to plumbing/water leaks, roof leaks, or fire or other hazards. (ii) Should an urgent situation arise in which Facilities Services is unable to respond within 2 hours to a major system failure which has the potential for immediate and serious health or safety impacts to animals, staff/volunteers, employees, or the public, and/or the continued operation of essential animal control and sheltering programs and which cannot be otherwise managed or contained, Contractor may retain the services of a reputable repair person to address the issue, after notifying Facilities Services.
(iii) Contractor shall notify Facilities Services and PHPP within 2 hours of its decision and reasoning to take such actions. Contractor will provide Facilities Services with the key points of how the issue is being addressed. If possible, Contractor will arrange for a temporary solution so that Facilities Services can complete the full work once they are available.

Contractor will use Contract Funds if Contractor incurs expenses due to

6.b
Packet Pg. 242 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 9 an emergency repair as outlined in this subsection, unless caused by the intentional or negligent acts or omissions of Contractor, or its vendors, in which case Contractor shall be responsible for these expenses not using Contract Funds.
(iv) Contractor must comply with any prevailing wage requirements of state law as applicable for any construction or repair it undertakes not performed by Facilities Services.

5. Utilities
(i) Contractor is responsible for furnishing and paying for all utilities for the Shelter, including gas, water, electricity, sewer, telephone/internet and garbage service. All utility services shall be paid from the provided Contract Funds.
(ii) Contractor shall maintain all records pertaining to all repair, replacement, maintenance utility and other services provided under this Agreement for a period of four years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by the County, a Federal granter agency, and the State of California.

6. Signage
(i) Facilities Services will provide directional signs for parking lots and building lobbies.
(ii) Contractor will have input on suitability of all signage installed by County.

PHS will not install signage without approval of County.

7. Pest Control
Contractor will use best efforts to maintain the Shelter pest- free.

Contractor (PHS) will enter into, pay the costs of, and monitor a recurring and scheduled contract for pest control services in and around the Shelter, and on an as needed basis. The contract shall cover control of all types of pests, including termites and all types of insects, rodents and other and vermin. Costs will be paid from Contract Funds. The pest control invoices/reports will be made available to County upon request.

8. Disaster Response
In the event of a natural disaster such as a major earthquake, Facilities Services staff are trained and prepared to respond to and secure building systems. County shall not be responsible or liable for any damages to Contractor or any third party for injuries or damages caused by a natural disaster or any injuries or damage to any person or property belonging to any person, or interruptions of any operations of Contractor, as a result of a natural disaster.

6.b
Packet Pg. 243 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 10 9. Skilled Craft Services
i. Carpentry
Facility Services carpenters will perform maintenance and repairs as needed as determined by the County Facilities Services, or upon reasonable request by Contractor, and approval by County on roofs, doors, windows, water damaged areas and hard surface floors in common areas. Facilities Services will also patch and repair chips and holes in walls. Other carpentry services are available on a fee for services basis {see Section IV).
ii. Lock Work
Locksmith services provided under baseline services Include the repair or replacement of broken building locksets (excluding Contractor property such as file cabinets and desk), repair or adjustment of improperly working door closers; providing duplicate keys with proper authorization; re-keying locks for security reasons as determined necessary by Facilities Services; replacing worn or outdated locksets; and any work required because of new codes and regulations, as determined by Facilities Services. Keys for or repairs to County property, including but not limited to desks, file cabinets, and vehicles are beyond the facility service charge and will be repaired by the contractor using funding from the animal control services Contract Funds.

10. Grounds Services
i. Landscaping
Facilities Services is responsible for providing and monitoring the landscaping services for the Shelter. Under this contract, and as determined necessary or desirable by Facilities Maintenance, the landscaping crews will install and maintain irrigation systems; propagate and plant appropriate species; prune, trim, fertilize, now, and provide all other care and maintenance for plants, shrubs, trees, turf, and lawns.

11. Custodial and Janitorial Services
Contractor shall maintain all interior and exterior areas of the Shelter and grounds in a clean and sanitary condition. Contractor may provide this service through its staff or shall retain a reputable vendor to provide janitorial and custodial services at a reasonable cost and as needed to fulfill its responsibility to maintain the Shelter in a clean and sanitary condition.

Facilities Services will provide no Custodial or Janitorial for the shelter.

6.b
Packet Pg. 244 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 11 Section IV. Additional Services
Services requested by Contractor and not outlined in Section Ill are considered "additional services," and shall not be provided unless approved by the Directors of County Health and Department of Public Works. If approved, services listed below will be scheduled upon receipt of a work request from County Health, and the associated costs will be invoiced to the Contractor.

Contractor will use Contract Funds to pay the invoice within 30 calendar days from date of mailing or emailing; if not timely paid, County will deduct the past due amount from Contractor's next monthly payment. The majority of these services are provided under the administration of the Construction Services Section (CSS) located at 30 Tower Road, San Mateo. Requests for services and cost estimates should be routed through San Mateo County Health System (Animal Control Manager). Contractor shall in no circumstance alter any part of the Shelter structure or install any fixture, without prior written County approval from the Directors of the San Mateo County Health and Department of Public Works.

A. Carpentry
New:

Floor coverings
Commercial fixtures
Acoustical ceilings
Doors/windows
Soundproofing and insulation
Air conditioning units
Restroom partitions and fixtures tile work
Concrete slabs and retaining walls
Building and/or custom fabrication:

Storage structures
Security gates, windows, etc.

Custom cabinets and casework
Custom shelves, reception counters, etc.

Wall framing and drywall
Custom racks, bins, etc., for delivery vehicles
B. Electrical
Install additional electrical circuits and outlets
Upgrade and install new workplace lighting
Install Pleione electrical whips
Install and maintain security alarm systems
Set up temporary power for events.

C. Lock Work
Lock drilling (when keys are lost or locked inside, contact FM&O)

6.b
Packet Pg. 245 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 12 New installation (result of new construction or remodeling) D. Other
Directional signs for departmental areas
General construction site cleanup
Need for county approval for any fixtures, repairs, remodeling or construction at the Shelter. Any of the above items as well as any new fixtures, construction, repairs or remodel (to include altering of the building or grounds in any way) may not be undertaken without the express, prior written permission of the Director of San Mateo County Health or designee, and the Director of the Department of Public Works, or designee, except as otherwise provided under this Agreement.

If Contractor performs any construction work, remodeling or repairs, or attaches any fixtures to Shelter or other county-property without such written permission, or changes the grounds in any manner, Contractor must promptly return the Shelter building, property or grounds to its original condition at its own expense and not using Animal Control Services Contract Funds or any other County funding, except as otherwise provided under this Agreement.

6.b
Packet Pg. 246 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 13 Section V. Excluded Services
A. This Agreement does not include any of the following which will be Contractor responsibility:

Contractor shall be solely responsible for maintaining the below items. Money for all repairs and costs will come from the Contract Funds. Any such items undertaken by Contractor shall be documented and all invoices for any such work, shall be kept and provided to County on a quarterly basis. For major equipment owned by the County (as listed In subsection (d) below, and any similar equipment), Contractor shall use a reputable, qualified, and licensed contractor or vendor, and may not use its own employees or volunteers for such work without County approval. If employees or volunteers are used for work, no additional County funds shall be used for such labor, except those funds otherwise used to pay the employee's regular salary.

Contractor agrees that all major equipment owned by the County (as listed In subsection (d) below, and any similar equipment) will be serviced by a qualified vendor.

1. Light bulb replacement to include lamps and ballast

2. Plumbing clogs: Contractor will first attempt to unclog and if unsuccessful will submit a request to Facilities Services for repair. (Contractor may not hire a service to attempt to unclog pipes.)

3. Equipment maintenance and repair as follows:

Washers/dryers
Kennel cleaning equipment
Safes, lock boxes
Clippers
Surgical tables
Audio visual equipment camera, security and intrusion alarms Computers/printers/scanners etc. and phone system
Cash Registers/credit card machines, fax machine etc.

Any other specialty equipment for animal sheltering
Refrigerators

4. These items must be repaired by a qualified vendor
X-ray equipment
Anesthetic machine
Surgical lights
Auto clave

5. Kennel fencing repairs, to include the replacement of mud flaps or guillotine doors, door latches etc. (if CMU needs repair, the Contractor will submit a repair request to the Manager of Animal Control and Licensing for approval prior to contacting Facilities Services)

6. General:

Repair office furniture
Anchor files and shelving

6.b
Packet Pg. 247 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 14 Hang pictures and bulletin boards; however, Contractor shall take care not to damage County property in its placement and installation of these or any other items attached to walls or ceilings

7. Intercom systems

8. Installation of new animal shelter equipment that is not attached to the structure.

9. Replacement of any equipment purchased by the Contractor for use in animal sheltering or animal control operations: Contractor shall not replace equipment to be paid for by Contract Funds without prior approval from County of equipment to be replaced and cost if cost exceeds $5,000 per individual item. If the need to replace such equipment is due to Contractor misuse or negligence, as distinct from wear related to appropriate use, Contractor shall replace such equipment from its own funds not Contract Funds, or any other County funds. Funds for approved replacement equipment not misused or damaged by Contractor are to come from Contract Funds. Any equipment or items purchased with Contract Funds or other County funds Is property of the County. Contractor shall use Contract Funds for purchase of equipment or vehicles to be used at the Shelter for providing services, which equipment. and vehicles shall be County owned.

10. Paint offices, conference rooms and staff bathrooms.

11. Keep the landscaped areas, walkways and patios, adjacent sidewalks, and other common areas In and around the County facility clean and in good repair

12. Sweep the entrances to County facility as needed and will keep glass doors clean

13. Contractor is solely responsible for custodial and pest control at the shelter.

6.b
Packet Pg. 248 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 15 Section VI. Additional Responsibilities
A. Facilities Services Responsibilities

1. For routine maintenance of systems, Facilities Services will (i) Provide the Contractor with advance schedule to the extent practicable (ii) Provide Contractor no less than 24 hours' notice when that maintenance is to occur (allowing Contractor to weigh in as to whether or not the scheduled maintenance will interfere with operation and if it will interfere Contractor will give alternate dates within a reasonable time frame when the repair/service can be completed.)
(iii) Provide Contractor with acknowledgement that the service has in fact occurred and any unusual findings related to that service. This notification will be done by a service request confirmation.

2. For other than routine scheduled maintenance
(i) Contractor will notify Facilities Services of needed repair/service without delay via phone, fax, or email to the DPW call center. Contractor shall be responsible for any damage to the Shelter, its contents or any person caused by its failure to timely notify the County of needed emergency repairs of conditions that threaten the structure or its contents or the health or safety of occupants or the public.
(ii) Facilities Services will notify Contractor within 24 hours of its anticipated investigation of requested repair (if the matter is something that can be addressed at the time of investigation, Facilities Services to adhere to steps which follow):
a) Notify the Contractor's Maintenance Coordinator at least 24 hours in advance of any scheduled maintenance activity that may affect the Contractor's normal working operation (noise, dust, odors, interruption of water or electrical service, etc.).
b) Facilities Services to notify contractor of findings of the investigation and its plan to address (and except for the case of emergency repairs, allowing Contractor to weigh in if the scheduled repairs will interfere with its operation)
c) Critical or emergent work will be completed at time of investigation.
d) Facilities Services to notify Contractor promptly upon completion of the repair. Notification will be given by service request confirmation of close out.
e) Contractor will notify Facilities Services of its review of the repair once completed.
f) All communication between Contractor and Facilities Services will be copied to PHPP.
g) Facilities Services will leave the work areas safe and clean of any debris caused by the repairs upon completion of the task.

6.b
Packet Pg. 249 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 16 h) Facilities Services and Contractor will comply with all state and federal laws and regulations regarding the handling and disposal of materials and waste products associated with the normal operations of the facility or its maintenance that could impact public safety and the environment.
i) Facilities Services will research and/or recommend special materials, devices, or services if it deems this appropriate and if desired by Contractor
j) Facilities Services will make appropriate referrals as It deems necessary or appropriate for work outside the scope of baseline maintenance services
k) Facilities Services will coordinate with Risk Management, Environmental Health, Sheriff's Office, local fire departments, and/or other regulatory and health and safety agencies as it deems necessary for issues related to building safety and inspection.

B. Contractor is to:

1. Designate a Maintenance Coordinator(s) to be the primary point of contact for Facilities Services Issues.

2. Provide accurate and full details of services requested

3. Report mechanical malfunctions or other needed repairs to Facilities Services promptly and complete necessary services request form(s).

4. Encourage all employees to be energy conscious.
environment as well as keeping your costs down.

C. The parties acknowledge that County will be making an inventory and tagging all equipment and vehicles that are County owned or purchased using any Contract Funds. Contractor agrees to use best efforts to assist and cooperate with County in making its inventory of equipment and vehicles which are owned by County in whole or in part. As part of this effort to assist the County in making its inventory, Contractor shall maintain and provide to County, within thirty days of signing this Agreement, a current inventory of all equipment previously paid for with non-Contract Funds owned by Contractor or paid for in part with non- Contract Funds, used at the shelter and having a current fair market value of $1,000 or more.

D. In event of termination or expiration of this Agreement, the County shall have the option to purchase any equipment or vehicle that has been paid for in part out of non-County Funds by paying to Contractor the depreciated value of Contractor's share of the equipment. In the event County opts not to purchase this equipment or vehicle, Contractor shall pay to County the depreciated value of its share of the equipment or vehicle.

6.b
Packet Pg. 250 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 17 Section VII. Service Level Costs
A. Invoicing/payment of Facilities Maintenance Work

1. As it relates to repairs/service which fall under the Contractor's responsibilities, Contractor will manage this work within the Contract Funds provided for under the Animal Control Services Agreement and provide open book accounting for all work contracted to outside vendors and provide copies of invoices and a quarterly report of all expenditures 'As it relates to repairs/service which fall under Facilities Services responsibilities, Facilities Services will send an invoice to the County Health system who in turn will send invoice to the Contractor of the amount and Contractor will pay within 30 calendar days from date of mailing. If invoice is not timely paid, County will deduct the past due amount from Contractor's next monthly payment.

2. As it relates to repairs/service which fall under Facilities Services responsibilities but for which Facilities Services cannot respond in a timely manner and which are, as a result, managed by Contractor under the conditions provided herein, Contractor will pay the invoice using Contract Funds that it receives pursuant to the Animal Control Services Agreement, and promptly send a copy of such invoice to the County Animal Control Program Manager, Care of County Health, Public Health, Policy and Planning Division.

B. Additional services;

1. Costs associated with additional services as outlined in Section IV are based on the actual costs of each service as performed and are charged to the Contractor by invoice from Facilities Services. Each service will have a cost per unit time or occurrence.
(i) For work performed by Facilities Services staff, labor rates are hourly based on classification and include overhead. Materials and supplies are billed at their actual cost.
(ii) For work that must be contracted out, Facilities Services will request estimates from qualified and reputable companies and award the job to the low bidder. Contractor will be billed for the actual cost of the work.

Facilities Services will send an invoice to the County Health system who in turn will send invoice to the Contractor of the amount and Contractor will pay within 30 calendar days. If invoice is not timely paid, County will payment.

6.b
Packet Pg. 251 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 18 Section VIII. Billing Procedures and Tracking Information A. Tracking Information

1. Because a large percentage of work performed by Facilities Services is associated with building systems and structures, baseline services are tracked by building rather than by individual department. Facilities Services staff will record labor and material costs for each activity performed in a building, and these costs are then reflected in the report sent quarterly to the Contractor and the Animal Control Manager, San Mateo County Health. Contractor will be charged for services rendered on an ongoing basis and not based on a predetermined amount.

2. The cost for additional services is tracked by work authorization. Prior to receiving a service, the Contractor will set aside a dollar amount equal to the estimated cost for that service. As services are rendered and costs are incurred, the invoices will be sent to County Health System Animal Control Manager and then to the Contractor. The cost will be taken out of animal control Contract Funds by the Contractor, who will pay the invoice within 30 calendar days or the County will deduct the overdue amount from Contractor's next payment.

3. If there ls a dispute raised by Contractor, within three business days of receipt of the Invoice, regarding the accuracy of charges in an invoice, the parties shall use best efforts to resolve the dispute expeditiously. If while using best efforts, the parties have not resolved the dispute within 30 calendar days, Contractor shall not be in breach if the parties agree that they are working in good faith to resolve the dispute.

B. Building Manuals, Drawings, Training
In preparation for this, Contractor is to receive copies of all warranties, as-builts, operating and maintenance materials, and is to participate in all trainings provided by the Shelter's general contractor to DPW for the systems that Contractor will be maintaining. The intent is to have Contractor be informed as much as possible to more efficiently assist DPW in its role as well as manage its own responsibilities.

6.b
Packet Pg. 252 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 19 THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES. NO WORK WILL COMMENCE

UNTIL THIS DOCUMENT HAS BEEN SIGNED BY THE COUNTY PURCHASING AGENT OR AUTHORIZED DESIGNEE.

For Peninsula Humane Society & SPCA:
_____________________________
Contractor Signature
_______________
Date
Anthony Tansimore
President
For County:

______________________________
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
______________
Date
Cassius Lockett, PhD.

Director of Public Health, Policy and Planning
County of San Mateo
______________________________
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
______________
Date
Gary Behrens
Facilities Services Manager
County of San Mateo

6.b
Packet Pg. 253 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 2 Attachment L
Peninsula Humane Society Holidays
New Year’s Day
Martin Luther King Jr. Day
President’s Day
Easter
Memorial Day
July 4th
Labor Day
Veteran’s Day
Thanksgiving Day
Christmas Day

6.b
Packet Pg. 254 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend 3 Attachment M
County-Owned Radio Equipment
4 - Motorola APX 7000 Handheld Radios
17 - Motorola APX 4000 Handheld Radios
1 - Motorola MCD 5000 Deskset
1 - Motorola APX 7500 Radio installed in vehicle
13 - Motorola APX 6500 Radios installed in vehicles
1 - Antenna mounted on roof of County Shelter

6.b
Packet Pg. 255 Attachment: Attachment B: Animal Control Agreement Between San Mateo County and Cities 2021-2026 (6181 : Amendment to Extend Template Version November 16, 2016

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Pacifica City CouncilApril 13, 2026

Pacifica City Council
April 13, 2026