A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE
SECTION I – COVERED AUTOS, paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos is amended by adding the following at the end of the existing language:
If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss", or destruction
B. BROADENED LIABILITY COVERAGES
SECTION II – LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who Is An Insured is amended to include the following:
d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance.
e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization:
(1) That is a joint venture or partnership,
(2) That is an "insured" under any other policy,
(3) That has exhausted its Limits of Insurance under any other policy, or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation
Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization.
f. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow.
g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be:
(1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage." The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the location(s) designated, if any.
Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section II. C. Limits of Insurance.
For any covered "auto" you own this Coverage Form provides primary coverage.
12.a
Packet Pg. 169 Attachment: Construction Services Agreement - Casey Construction (6245 : Resolution to Approve Lower Linda Mar- Alta Vista Groundwater CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 C. BROADENED SUPPLEMENTARY PAYMENTS
SECTION II. LIABILITY A. Coverage 2. Coverage Extensions a. Supplementary Payments (2) and (4) are replaced by the following:
(2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $500 a day because of time off from work.
D. AMENDED FELLOW EMPLOYEE EXCLUSION
Only with respect to your "employees" who occupy positions which are supervisory in nature, SECTION II. LIABILITY B.
Exclusion 5. Fellow Employee is replaced by:
5. Fellow Employee
"Bodily Injury":
a. To you, or your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company);
b. To your "executive officers" and directors (if you are an organization other than a partnership, joint venture, or limited liability company) but only with respect to performance of their duties as your officers or directors; c. For which there is an obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph a and b above; or d. Arising out of his or her providing or failing to provide professional health care services.
For purposes of this endorsement, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, transfer, direct, discipline or discharge.
E. BROADENED PHYSICAL DAMAGE COVERAGES
SECTION III – PHYSICAL DAMAGE COVERAGE A. Coverage is amended as follows:
2. Towing is deleted and replaced with the following:
2. Towing and Labor
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled:
a. For private passenger type vehicles we will pay up to $100 per disablement. b. For all other covered "auto's" we will pay up to $500 per disablement However, the labor must be performed at the place of disablement. !
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4. Coverage Extensions
a. Transportation Expenses is amended to provide the following limits:
We will pay up to $60 per day to a maximum of $1,800. All other terms and provisions of this section remain applicable.
The following language is added to 4. Coverage Extensions:
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c. Theft Recovery Expense
If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000.
12.a
Packet Pg. 170 Attachment: Construction Services Agreement - Casey Construction (6245 : Resolution to Approve Lower Linda Mar- Alta Vista Groundwater
d. Rental Reimbursement
We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto".
(1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto." Payment applies in addition to the otherwise applicable coverage you have on a covered "auto." No deductible applies to this coverage.
(2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days:
(a) The number of days reasonably required to repair or replace the covered "auto." If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or
(b) 30 days.
(3) Our payment is limited to the lesser of the following amounts:
(a) Necessary and actual expenses incurred; or
(b) $75 per day.
(c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations.
(d) If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4.
Coverage Extensions, a. Transportation Expenses.
e. Personal Effects
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto".
The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an "insured".
f. Personal Property of Others
We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage.
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g. Locksmith Coverage
We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger "auto". The deductible is waived for these services.
12.a
Packet Pg. 171 Attachment: Construction Services Agreement - Casey Construction (6245 : Resolution to Approve Lower Linda Mar- Alta Vista Groundwater CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7
h. Vehicle Wrap Coverage
If you have Comprehensive or Collision coverage on an "auto" that is a total loss, in addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps.
F. SECTION III – PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended at 3. to include the following language:
If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage.
G. BROADENED LIMITS OF INSURANCE
SECTION III – PHYSICAL DAMAGE COVERAGE – C. Limit of Insurance at 1.b. is amended to provide the following limits:
b. Limits of $1,000 per "loss" is increased to $5,000 per "loss". All other terms and provisions of this section remain applicable.
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SECTION III – PHYSICAL DAMAGE COVERAGE – C. Limit of Insurance is amended by adding the following language:
4. In the event of a total "loss" to a covered "auto" shown in the Schedule pages, subject at the time of the "loss" to a loan or lease, we will pay any unpaid amount due including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered"auto" less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any:
(1) Overdue lease / loan payments at the time of the "loss''; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and
(5) Carry-over balances from previous loans or leases.
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H. GLASS REPAIR – DEDUCTIBLE
SECTION III – PHYSICAL DAMAGE COVERAGE – D. Deductible is amended by adding the following:
Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced.
12.a
Packet Pg. 172 Attachment: Construction Services Agreement - Casey Construction (6245 : Resolution to Approve Lower Linda Mar- Alta Vista Groundwater
I. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions , the following is added to paragraph 2.
Duties In The Event of Accident, Suit or Loss:
d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit" or "loss" has been received by:
(1) You, if you are an individual;
(2) Any partner or insurance manager if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization.
J. WAIVER OF SUBROGATION REQUIRED BY CONTRACT
Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer of Rights of Recovery Against Others to Us the following language is added:
However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage."
K. UNINTENTIONAL FAILURE TO DISCLOSE
Under SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions , the following is added to 2.
Concealment, Misrepresentation Or Fraud:
Your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form.
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L. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE Under SECTION IV – BUSINESS AUTO CONDITIONS B. General Conditions 5. Other Insurance Paragraph 5.b. is replaced by the following:
b. (1) For "Comprehensive" and "Collision" Auto Physical Damage coverage provided by this endorsement, the following are deemed to be covered "autos" you own:
(a) Any Covered "auto" you lease, hire, rent or borrow; and (b) Any Covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business.
However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" (2) Limit of Insurance For This Section
The most we will pay for any one "loss" is the lesser of the following:
(a) $75,000 per accident, or
(b) actual cash value at the time of loss, or
(c) cost of repair.
12.a
Packet Pg. 173 Attachment: Construction Services Agreement - Casey Construction (6245 : Resolution to Approve Lower Linda Mar- Alta Vista Groundwater CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 Minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible applies to "loss" caused by fire or lightning.
(3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions For This Section
(a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal and, "loss" caused by falling objects or missiles.
(b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's" overturn.
M. MENTAL ANGUISH
Under SECTION V – DEFINITIONS, C. is replaced by the following:
C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish or death resulting from bodily injury, sickness, or disease.
N. EXTENDED CANCELLATION CONDITION
Under CANCELLATION, of the COMMON POLICY CONDITIONS form, item 2.b. is replaced by the following:
b. 60 days before the effective date of cancellation if we cancel for any other reason.
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Packet Pg. 174 Attachment: Construction Services Agreement - Casey Construction (6245 : Resolution to Approve Lower Linda Mar- Alta Vista Groundwater
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OLICY 12.a
Packet Pg. 175 Attachment: Construction Services Agreement - Casey Construction (6245 : Resolution to Approve Lower Linda Mar- Alta Vista Groundwater CG 71 03 07 17
ULTRA LIABILITY PLUS ENDORSEMENT
COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary.
* Extended Property Damage
* Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage * Coverage for non-owned watercraft is extended to 51 feet in length * Property Damage - Borrowed Equipment
* Property Damage Liability - Elevators
*
*
* Coverage F - Electronic Data Liability Coverage - $50,000 * Coverage G - Product Recall Expense
* Coverage H - Water Damage Legal Liability - $25,000
* Increase in Supplementary Payments: Bail Bonds to $1,000 * Increase in Supplementary Payments: Loss of Earnings to $500 * For newly formed or acquired organizations - extend the reporting requirement to 180 days * Broadened Named Insured
* Automatic Additional Insured - Vendors
* Automatic Additional Insured - Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With * Automatic Additional Insured - Managers or Lessor of Premises * Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured * Additional Insured - Employee Injury to Another Employee * Automatically included - Aggregate Limits of Insurance (per location) * Automatically included - Aggregate Limits of Insurance (per project) * Knowledge of occurrence - Knowledge of an “occurrence”, “claim or suit” by your agent, servant or employee shall not in * Blanket Waiver of Subrogation
* Liberalization Condition
* Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception * Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 lbs GVW REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 12 FOR CHANGES AFFECTING
YOUR INSURANCE PROTECTION
CG 71 03 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 12 $25,000 Each Recall Limit with a $50,000 Aggregate - $1,000 Deductible Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You – Including Upstream Parties
*
Coverage D - Voluntary Property Damage Coverage
$5,000 Occurrence with a $10,000 Aggregate
Coverage E - Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate - $500 Deductible date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee
You
* Bodily Injury Redefined
Policy #60545307
* Blanket Waiver ofSubrogation
* Automatically included - Aggregate Limits of Insurance (per project)
12.a
Packet Pg. 176 Attachment: Construction Services Agreement - Casey Construction (6245 : Resolution to Approve Lower Linda Mar- Alta Vista Groundwater CG 71 03 07 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ULTRA LIABILITY PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION I - COVERAGES
A. The following changes are made at COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1. Extended Property Damage
At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following:
“Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.
Expanded Fire Legal Liability
At 2. Exclusions the last paragraph is deleted and replaced by the following:
Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE .
3. Non-Owned Watercraft
At 2. Exclusions exclusion g. Aircraft, Auto Or Watercraft (2) (a) is deleted and replaced by the following:
(a) Less than 51 feet long;
4. Property Damage – Borrowed Equipment
At 2. Exclusions the following is added to paragraph (4) of exclusion j. Damage To Property :
This exclusion does not apply to “property damage” to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for “property damage” to any one piece of borrowed equipment under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis.
5. Property Damage Liability – Elevators
At 2. Exclusions the following is added to paragraphs (3), (4) and (6) of exclusion j. Damage To Property :
B. The following coverages are added:
1. COVERAGE D - VOLUNTARY PROPERTY DAMAGE COVERAGE
“Property damage” to property of others caused by the insured:
a. While in your possession; or
b. Arising out of “your work”.
Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay.
For the purposes of this Voluntary Property Damage Coverage only:
Exclusion j. Damage to Property is deleted and replaced by the following:
CG 71 03 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 12
2. This exclusion does not apply to “property damage” resulting from the use of elevators. However, any insurance provided for such “property damage” is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis.
12.a
Packet Pg. 177 Attachment: Construction Services Agreement - Casey Construction (6245 : Resolution to Approve Lower Linda Mar- Alta Vista Groundwater CG 71 03 07 17
j. Damage to Property
“Property damage” to:
(1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use;
(2) Property transported by or damage caused by any “automobile”, “watercraft” or “aircraft” you own, hire or lease;
(3) Property you own, rent, lease, borrow or use.
The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage.
2. COVERAGE E - CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Care, Custody and Control Property Damage Coverage only:
a. Item (4) of exclusion j. does not apply.
The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage.
3. COVERAGE F - ELECTRONIC DATA LIABILITY COVERAGE
For the purposes of this Electronic Data Liability Coverage only:
a. Exclusion p. of Coverage A – Bodily Injury And Property Damage Liability in Section I – Coverages is replaced by the following:
2. Exclusions
This insurance does not apply to:
p. Electronic data
Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate “electronic data” that does not result from physical injury to tangible property.
However, this exclusion does not apply to liability for damages because of “bodily injury” b. “Property damage” means:
(1) Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the “occurrence” that caused it; or (3) Loss of, loss of use of, damage to, corruption of, inability to access or inability to properly manipulate “electronic data”, resulting from physical injury to tangible property. All such loss of “electronic data” shall be deemed to occur at the time of the “occurrence” that caused it.
For the purposes of this Electronic Data Liability Coverage , “electronic data” is not tangible property.
The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE
4. COVERAGE G - PRODUCT RECALL EXPENSE
a. Insuring Agreement
(1) We will pay 90% of "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period.
(2) We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others.
The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE CG 71 03 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 12
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Packet Pg. 178 Attachment: Construction Services Agreement - Casey Construction (6245 : Resolution to Approve Lower Linda Mar- Alta Vista Groundwater CG 71 03 07 17
b. Exclusions
This insurance does not apply to "product recall expense" arising out of:
(1) Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". (2) Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". (3) The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found.
(4) Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors.
(5) Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. (6) “Bodily injury” or “property damage”.
(7) Failure of “your product” to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. (8) Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages.
(9) Legal fees or expenses.
(10) Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of “your product”.
(11) “Product recall expense” arising from the “product recall” of any of “your products” for which coverage is excluded by endorsement.
(12) Any “product recall” initiated due to the expiration of the designated shelf life of “your product”.
5. COVERAGE H - WATER DAMAGE LEGAL LIABILITY
The Insurance provided under Coverage H (Section I) applies to “property damage” arising out of water damage to premises that are both rented to and occupied by you.
The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit.
The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE C. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended:
1. To read SUPPLEMENTARY PAYMENTS
2. Bail Bonds
Item 1.b. is amended as follows:
b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
3. Loss of Earnings
Item 1.d. is amended as follows:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or “suit”, including actual loss of earnings up to $500 a day because of time off from work.
4.. The following language is added to Item 1.
However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages.
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SECTION II - WHO IS AN INSURED
A. The following change is made:
Extended Reporting Requirements
Item 3.a. is deleted and replaced by the following :
a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier.
B. The following provisions are added:
4. Item 1.f. is added as follows:
f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However:
(1) Coverage A does not apply to “bodily injury” or “property damage” that occurred before you acquired more than 50 percent of the voting stock; and
(2) Coverage B does not apply to “personal and advertising injury” arising out of an offense committed before you acquired more than 50 percent of the voting stock.
5. Additional Insured - Owners, Lessees or Contractors-Automatic Status When Required in Construction or Service Agreement With You – Including Upstream Parties a.
b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above.
Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured.
However, the insurance afforded to such additional insured:
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services.
CG 71 03 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 12
BROAD FORM NAMED INSURED
Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy;
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2. "Bodily injury" or "property damage" occurring after:
a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
6. a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of “your products” shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured.
However:
(1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor.
b. With respect to the insurance afforded to these vendors, the following additional exclusions apply:
(1) This insurance afforded the vendor does not apply to:
(a) “Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container.
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products.
(f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
i. The exceptions contained in Sub-paragraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.
CG 71 03 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 12 Additional Insured - Vendors
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7. a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment.
However, the insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.
b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires.
8. a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule.
However:
(1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
9. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or “personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of:
(1) Your acts or omissions; or
(2) Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf.
However, the insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including:
CG 71 03 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 12 Additional Insured – Lessor of Leased Equipment – Automatic Status When Required in Lease Agreement With You
Additional Insured – Managers or Lessors of Premises
But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy.
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(1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or
(2) Supervisory, inspection or engineering services.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the “bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services.
10. Additional Insured- Employee Injury to Another Employee With respect to your “employees” who occupy positions which are supervisory in nature:
Paragraph 2.a.(1) of SECTION II – WHO IS AN INSURED is amended to read:
a. “Bodily injury” or “personal and advertising injury” (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company);
(2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted.
For the purpose of this Item 10 only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge.
SECTION III - LIMITS OF INSURANCE
A. The following Items are deleted and replaced by the following:
2. The General Aggregate Limit is the most we will pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and
c. Damages under Coverage B; and
d. Damages under Coverage H.
3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and Coverage G.
6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner.
B. The following are added:
8. Subject to Paragraph 5. of SECTION III – LIMITS OF INSURANCE $25,000 is the most we will pay under Coverage H for Water Damage Legal Liability.
Aggregate Limit $50,000
Each Product Recall Limit $25,000
a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the endorsement period.
CG 71 03 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 12 Coverage G - Product Recall Expense
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b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall” you initiate during the endorsement period.
We will only pay for the amount of "product recall expenses" which are in excess of the deductible amount. The deductible applies separately to each "product recall". The limits of insurance will not be reduced by the amount of this deductible.
We may, or will if required by law, pay all or any part of any deductible amount. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid.
10. The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
11. The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you.
12. With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 10 of SECTION II – WHO IS AN INSURED above, the following is added:
The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement;
b. Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 13 . Subject to 5. of SECTION III – LIMITS OF INSURANCE , a $5,000 "occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D - Voluntary Property Damage Coverage .
For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage.
14. Subject to 5. of SECTION III – LIMITS OF INSURANCE , a $25,000 "occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Coverage E - Care, Custody and Control Coverage regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".
Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500.
This deductible applies to all damages because of "property damage" as the result of any one "occurrence" regardless of the number of persons or organizations who sustain damages because of that "occurrence".
We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us.
As respects this coverage "aggregate" is the maximum amount we will pay for all covered "occurrences" during one policy period.
For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage.
CG 71 03 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 12 Aggregate Limits of Insurance (Per Location)
Aggregate Limits of Insurance (Per Project)
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15. Subject to 5. of SECTION III – LIMITS OF INSURANCE , the most we will pay for “property damage” under Coverage F - Electronic Data Liability Coverage for loss of “electronic data” is $50,000 without regard to the number of “occurrences”.
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS
A. The following conditions are amended:
1. Knowledge of Occurrence
Condition 2., Items a. and b. are deleted and replaced by the following:
(1) Duties In The Event Of Occurrence, Offense, Claim Or Suit (a) You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include:
i. How, when and where the "occurrence" took place;
ii. The names and addresses of any injured persons and witnesses, and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. (b)
i.
2. Where Broad Form Named Insured is added in SECTION II – WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance (1).(a) is replaced by the following:
(a) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy. This provision does not apply to a policy written to apply specifically in excess of this policy.
B. The following are added:
10. Condition (5) of 2. "Duties in the event Occurrence, Offense, Claim or Suit" c. You or any other involved insured must:
(5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead.
11. Blanket Waiver Of Subrogation
We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, “your work”, or “your products”. We waive this right where you have agreed to do so as part of a written contract, executed by you before the “bodily injury” or “property damage” occurs or the “personal and advertising injury” offense is committed.
12. Liberalization
If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision.
CG 71 03 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 12 a.
Immediately record the specifics of the claim or "suit" and the date received; and If a claim is made or "suit" is brought against any insured, you must:
ii. Notify us as soon as practicable.
You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee.
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13. Unintentional Failure to Disclose All Hazards
Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.
14. The following conditions are added in regard to Coverage G - Product Recall Expense In event of a "product recall", you must
a. See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". b. Take all reasonable steps to minimize "product recall expense". This will not increase the limits of insurance. c. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed.
d. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request.
e. Cooperate with us in the investigation or settlement of any claim. f. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies.
SECTION V – DEFINITIONS
A. At item 12. "Mobile equipment" the wording at f.(1) is deleted and replaced by the following:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning;
except for such vehicles that have a gross vehicle weight less than 1,000 lbs which are not designed for highway use.
B. Item 3. “bodily injury” is deleted and replaced with the following:
3. “Bodily injury” means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease.
C. The following definitions are added for this endorsement only:
23. “Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
24. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that:
a. The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage"; and
b. Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of:
(1) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product"; or
(2) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you.
CG 71 03 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 12 f.(1) Equipment designed primarily for:
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25. "Product recall expense" means reasonable and necessary expenses for:
a. Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage.
b. Transporting recalled products from any purchaser, distributor or user, to locations designated by you. c. Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire.
d. Transportation and accommodation expense incurred by your employees. e. Rental expense incurred for temporary locations used to store recalled products. f. Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. g. Transportation expenses incurred to replace recalled products. h. Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution.
These expenses must be incurred as a result of a "product recall".
CG 71 03 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 12
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All persons or organizations as required by
written contrat
All operations of the named insured
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All operations as required by written contract All operations of the named insured
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Packet Pg. 190 Attachment: Construction Services Agreement - Casey Construction (6245 : Resolution to Approve Lower Linda Mar- Alta Vista Groundwater POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DEDUCTIBLE LIABILITY INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE Amount and Basis of Deductible
Coverage PER CLAIM OR PER OCCURRENCE
Bodily Injury Liability $ $
or
Property Damage Liability $ $
or
Bodily Injury Liability and/or Property $ $
Damage Liability Combined
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to damages for all "bodily injury" and "property damage", however caused):- "Bodily injury" and "property damage"
combined;
Our obligation under the Bodily Injury Liability and
Property Damage Liability Coverages to pay
damages on your behalf applies only to the amount
of damages in excess of any deductible amounts
stated in the Schedule above as applicable to such
coverages.
(3)
A.
as the result of any one "occurrence".
If damages are claimed for care, loss of
services or death resulting at any time from
"bodily injury", a separate deductible amount will
be applied to each person making a claim for
such damages. With respect to "property
damage", person includes an organization.
B. You may select a deductible amount on either a per
claim or a per "occurrence" basis. Your selected
deductible applies to the coverage option and to the
basis of the deductible indicated by the placement
of the deductible amount in the Schedule above.
The deductible amount stated in the Schedule
above applies as follows:
2. PER OCCURRENCE BASIS. If the deductible
amount indicated in the Schedule above is on a
"per occurrence" basis, that deductible amount
applies as follows:
1. PER CLAIM BASIS. If the deductible amount
indicated in the Schedule above is on a per
claim basis, that deductible applies as follows:
a. Under Bodily Injury Liability Coverage, to all
damages because of "bodily injury";
Under Bodily Injury Liability Coverage, to all
damages sustained by any one person
because of "bodily injury";
a.
Under Property Damage Liability Coverage,
to all damages sustained by any one person
because of "property damage"; or
b.
Under Bodily Injury Liability and/or Property
Damage Liability Coverage Combined, to all
damages sustained by any one person
because of:
c.
(1) "Bodily injury";
(2) "Property damage"; or
CG 03 00 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 2 60545307 CG 03 00 01 96
5,000
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b. The terms of this insurance, including those with
respect to:
Under Property Damage Liability Coverage,
to all damages because of "property
damage"; or
C.
Our right and duty to defend the insured against
any "suits" seeking those damages: and
1. c. Under Bodily Injury Liability and/or Property
Damage Liability Coverage Combined, to all
damages because of: Your duties in the event of an "occurrence", claim, or "suit".
2. (1) "Bodily injury";
"Property damage"; or (2)
apply irrespective of the application of the
deductible amount.
(3) "Bodily injury" and "property damage"
combined We may pay any part or all of the deductible
amount to effect settlement of any claim or "suit"
and, upon notification of the action taken, you shall
promptly reimburse us for such part of the
deductible amount as has been paid by us.
D.
as the result of any one "occurrence", regardless
of the number of persons or organizations who
sustain damages because of that "occurrence".
CG 03 00 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 2 of 2
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Packet Pg. 193 Attachment: Construction Services Agreement - Casey Construction (6245 : Resolution to Approve Lower Linda Mar- Alta Vista Groundwater
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
7/13/2026
1 SUBJECT:
Resolution Appointing Raymund Donguines as Interim Deputy Director of Public Works – Field Services and Engineering / City Engineer Pursuant to Government Code Section 21221(h) RECOMMENDED ACTION:
Adopt a Resolution appointing Raymund Donguines as Interim Deputy Director of Public Works - Field Services and Engineering/City Engineer as a CalPERS retired annuitant pursuant to Government Code Section 21221(h), effective July 13, 2026, while the City completes recruitment for the permanent position.
STAFF CONTACT:
Zach Harris, Human Resources Manager
650-339-3461
[email protected]
Marisol Gomez, Administrative Services Director
650-501-0257
[email protected]
Yulia Carter, Assistant City Manager
650-501-6004
[email protected]
BACKGROUND:
The position of Deputy Director of Public Works - Field Services and Engineering / City Engineer became vacant on June 27, 2026, following the departure of the incumbent. The City authorized recruitment for a permanent replacement on June 12, 2026. The recruitment is currently underway and is scheduled to close on July 17, 2026.
During this transition, the City remains responsible for critical public works, engineering, infrastructure, regulatory compliance, capital improvement, and asset management functions that require continuous professional engineering oversight.
Most significantly, the City is responding to emergency damage at the Pacifica Municipal Pier.
The damage requires immediate engineering leadership to oversee structural assessments, coordinate with regulatory agencies and engineering consultants, evaluate public safety risks, advance emergency repair planning, and ensure timely implementation of response efforts.
These activities require experienced engineering oversight and continuity in leadership during a period when the Deputy Director of Public Works - Field Services and Engineering / City Engineer position is vacant.
Government Code Section 21221(h) authorizes the appointment of a CalPERS retired annuitant to fill a critically needed vacant position requiring specialized skills while recruitment for a 13 Packet Pg. 194
Pacifica City Council 2
July 13, 2026
permanent replacement is underway, provided all statutory requirements are satisfied.
City of Pacifica retiree, Raymund Donguines, possesses extensive municipal engineering and public works experience and is qualified to provide the leadership necessary to maintain continuity of operations during the recruitment period.
DISCUSSION:
The Deputy Director of Public Works - Field Services and Engineering / City Engineer serves a critical role in ensuring the City's engineering, infrastructure, and public works responsibilities continue without interruption. The vacancy occurs at a particularly challenging time, as the City is actively managing emergency response and recovery efforts associated with the Pacifica Municipal Pier, in addition to overseeing ongoing capital improvement projects, regulatory compliance obligations, development review, utility coordination, asset management, and routine public works operations.
Immediate engineering oversight is essential to support emergency response activities, coordinate with state and federal regulatory agencies, manage engineering consultants and contractors, review and approve technical documents, and provide licensed professional engineering direction necessary to protect public health, safety, and critical infrastructure.
Delaying the appointment until completion of the recruitment process would create operational risks, reduce the City's ability to respond effectively to the pier emergency, and impact delivery of other essential public infrastructure projects and services.
Pursuant to Government Code Section 21221(h), the City has determined that the appointment of a retired annuitant is appropriate due to the specialized expertise required for the position and the need for uninterrupted engineering leadership while recruitment for a permanent Deputy Director of Public Works - Field Services and Engineering / City Engineer is in process.
The proposed appointment satisfies all applicable requirements of Government Code Section 21221(h), including:
• The appointment is interim and will remain in effect only until a permanent appointment is made or June 26, 2027, whichever occurs first.
• Recruitment for the permanent position is actively underway. • Raymund Donguines has not received, and will not receive, any retirement incentive or "Golden Handshake."
• Compensation is limited to an hourly rate of $85.81, which falls within the publicly adopted salary range for the position.
• Raymund Donguines will receive no additional benefits or compensation beyond the authorized hourly rate.
• The City has determined that no other qualified employee is immediately available to provide the specialized professional engineering expertise and leadership necessary to perform the duties of the vacant City Engineer position while recruitment for a permanent appointment is underway.
• The appointment will not exceed the statutory 960-hour limit during the fiscal year.
Approval of the proposed resolution will provide the City with experienced engineering leadership during a critical transition period, ensure continuity of essential public works operations, support the City's emergency response efforts at the Pacifica Municipal Pier, and maintain progress on capital improvement and infrastructure projects while recruitment for a permanent Deputy Director of Public Works - Field Services and Engineering/City Engineer is completed.
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Pacifica City Council 3
July 13, 2026
ALTERNATIVE ACTION:
Do not adopt the resolution. This action may result in reduced engineering oversight during the recruitment period and could impact the City's ability to effectively manage emergency response efforts, capital improvement projects, and other essential public works functions.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This action supports Strategic Goals 1 and 2.
FISCAL IMPACT:
The retired annuitant will be compensated at an hourly rate of $85.81, which falls within the adopted salary range for the position. Funding is available within the existing Public Works personnel budget for the vacant position. No additional budget appropriation is required.
ORIGINATED BY:
Human Resources
ATTACHMENT LIST:
Attachment A: AGREEMENT FOR TEMPORARY EMPLOYMENT OF RETIRED ANNUITANT
FOR LIMITED DURATION WORK (PDF)
13 Packet Pg. 196
Pacifica City Council 4
July 13, 2026
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA
APPOINTING RAYMUND DONGUINES AS AN INTERIM DEPUTY DIRECTOR OF PUBLIC
WORKS - FIELD SERVICES AND ENGINEERING/CITY ENGINEER PURSUANT TO GOVERNMENT CODE SECTION 21221(h)
WHEREAS, Government Code section 21221(h) of the Public Employees' Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the City Council of the City of Pacifica desires to appoint Raymund Donguines as an interim appointment retired annuitant to the vacant position of Deputy Director of Public Works - Field Services and Engineering/City Engineer for the City of Pacifica under Government Code section 21221(h), effective July 13, 2026, and WHEREAS, the City Council of the City of Pacifica, the City of Pacifica, and Raymund Donguines certify that Raymund Donguines has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, an appointment under Government Code section 21221(h) requires that the retiree be appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the City has authorized recruitment for the permanent position of Deputy Director of Public Works - Field Services and Engineering/City Engineer, with the recruitment process commencing on June 12, 2026, and concluding on July 17, 2026; and WHEREAS, this Government Code section 21221(h) appointment shall only be made once and therefore will end on June 26, 2027, or upon the appointment of a permanent Deputy Director of Public Works - Field Services and Engineering/City Engineer, whichever occurs first; and
WHEREAS, the entire employment agreement between Raymund Donguines and the City of Pacifica has been reviewed by this body and is attached hereto and incorporated herein by reference; and
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Pacifica City Council 5
July 13, 2026
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the salary range for the position of Deputy Director of Public Works - Field Services and Engineering/City Engineer complies with Government Code section 21221(h), and the hourly rate paid to Raymund Donguines falls within the publicly adopted salary range for that classification; and
WHEREAS, the hourly rate paid to Raymund Donguines will be Eighty-Five Dollars and Eighty-One Cents ($85.81) per hour; and
WHEREAS, Raymund Donguines has not and will not receive any other benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to this hourly pay rate; and
WHEREAS, the position became vacant on June 27, 2026, due to the departure of the incumbent City Engineer; and
WHEREAS, the City has several ongoing and critical public works, engineering, infrastructure, regulatory compliance, capital improvement, and asset management responsibilities that require continuous professional engineering oversight, including oversight of the Pacifica Municipal Pier and other significant public infrastructure projects; and WHEREAS, an immediate interim appointment is necessary to ensure continuity of operations, engineering oversight, regulatory compliance, project management, and public safety functions while the City completes recruitment and selection of a permanent replacement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica hereby certifies the nature of the employment of Raymund Donguines as described herein and detailed in the attached employment agreement, and finds that this appointment is necessary to fill the critically needed position of Deputy Director of Public Works - Field Services and Engineering/City Engineer for the City of Pacifica beginning July 13, 2026, because the position became vacant on June 27, 2026, and the City requires uninterrupted engineering leadership and oversight of critical infrastructure, regulatory, capital improvement, and public works functions while recruitment for a permanent replacement is conducted. • • • • •
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Pacifica City Council 6
July 13, 2026
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of July 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 13 Packet Pg. 199
AGREEMENT FOR TEMPORARY EMPLOYMENT OF RETIRED ANNUITANT AS INTERIM DEPUTY DIRECTOR OF PUBLIC WORKS (Gov. Code § 21221(h)) This Employment Agreement ("Agreement") is made and entered into this ___ day of __________ 2026, by and between the City of Pacifica ("City"), a California municipal corporation, and Raymund Donguines, an individual (collectively, the "Parties"), on the following terms and conditions:
RECITALS
A. Government Code section 21221(h) of the Public Employees' Retirement Law permits the City Council, as the governing body of the City, to appoint a retiree of the California Public Employees’ Retirement System (“CalPERS”) to a vacant position requiring specialized skills during recruitment for a permanent appointment.
B. The position of Deputy Director of Public Works - Field Services and Engineering/City Engineer became vacant effective June 26, 2026.. The City is actively recruiting to fill the position on a permanent basis and has determined that an interim temporary appointment is necessary to ensure continuity of operations during the recruitment and selection process.
C. Raymund Donguines, having formerly served as a Civil Engineer and possessing over twentyfive (25) years of progressively responsible engineering and public works experience with local government agencies, has the qualifications, experience, expertise, and abilities necessary to perform the duties of the vacant position on an interim basis.
D. Raymund Donguines is a retired annuitant and person receiving a benefit from CalPERS within the meaning of Government Code §§ 7522.56 and 21221(h). Raymund Donguines acknowledges that he is restricted to working no more than a combined 960 hours for City, a state agency, or other CalPERS contracting agencies (collectively “CalPERS Agencies”) during City’s 2025/2026 fiscal year, 2026/2027 fiscal year, or for any additional or subsequent fiscal year, and that his compensation is statutorily limited as provided in Government Code §§ 7522.56(d) and 21221(h). Raymund Donguines represents that he has not received unemployment compensation arising from prior employment with any CalPERS agency during the twelve-month period preceding the effective date of this Agreement, that his CalPERS retirement date became effective prior to the 180-day period preceding the effective date of this Agreement, that he has not received a retirement incentive upon retirement within the meaning of Government Code § 7522.56(g), that he has attained normal retirement age within the meaning of Government Code § 21220.5, and that he otherwise satisfies all requirements for retired annuitant employment.
E. Raymund Donguines desires to provide interim services to City under the terms of this Agreement and City desires to temporarily employ Raymund Donguines pursuant to Government Code section 21221(h) while recruitment for a permanent appointment is conducted, subject to the terms and conditions set forth herein.
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Packet Pg. 200 Attachment: Attachment A: AGREEMENT FOR TEMPORARY EMPLOYMENT OF RETIRED ANNUITANT FOR LIMITED DURATION WORK
OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the Parties agree as follows:
1. Position and Duties
1.1 Position
Raymund Donguines accepts temporary employment with City as a retired annuitant to serve in the position of Interim Deputy Director of Public Works - Field Services and Engineering/City Engineer. Rayumd Donguines shall perform the duties and functions as set forth in class specification attached as Exhibit A. Raymund Donguines shall report directly to the Public Works Director or designee.
1.2 Term
Raymund Donguines shall commence the performance of his duties on July 13, 2026 ("Commencement Date"),and only after approval of the interim appointment by the City Council. This Agreement shall expire upon the first of the following to occur:
(i) July 12, 2027;
(ii) Appointment of a permanent employee to the position of Deputy Director of Public Works - Field Services and Engineering/City Engineer; or
(iii) Termination of the Agreement by either Raymund Donguines or City as provided in Section 4 [Termination] of this Agreement.
1.3 Retired Annuitant Interim Appointment
The Parties acknowledge that this appointment is intended to comply with Government Code section 21221(h) and is being made solely to fill a vacant position while recruitment for a permanent replacement is conducted. Nothing contained herein shall be construed as creating any right to permanent employment. The Parties have each had the opportunity to submit this Agreement to CalPERS to review and confirm that Raymond Donguines’s retirement status with CalPERS will not be jeopardized by the temporary employment as set forth in this Agreement. City shall not be responsible for any CalPERS-related losses, expenses, liabilities or impacts which Raymund Donguines may incur in connection with this Agreement.
1.4 At-Will
Raymund Donguines acknowledges that he is an at-will, temporary retired annuitant employee of the City who shall serve at the pleasure of the City at all times during the period of his service under this Agreement and that his employment may be terminated at any time and for any or no reason, with or without cause, as provided for in Section 4 [TERMINATION] of this Agreement
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Packet Pg. 201 Attachment: Attachment A: AGREEMENT FOR TEMPORARY EMPLOYMENT OF RETIRED ANNUITANT FOR LIMITED DURATION WORK or by operation of California or federal law. The terms of the City's personnel rules, policies, procedures, ordinances, resolutions, or Municipal Code (collectively, "Personnel Policies") shall not apply to Raymund Donguines to the extent such Personnel Policies conflict with this Agreement.
Nothing in this Agreement is intended to, or does, confer upon Raymund Donguines any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City to terminate his employment, except as is expressly provided in Section 1.2 [Term] or Section 4 [Termination] of this Agreement.
Nothing contained in this Agreement shall in any way prevent, limit, or otherwise interfere with the right of the City to terminate the services of Raymund Donguines, as provided in Section 1.2 [Term] or Section 4 [Termination].
Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Raymund Donguines to resign at any time from this employment as a retired annuitant with the City, subject only to the provisions set forth in Section 1.2 [Term] or Section 4 [Termination] of this Agreement.
This at-will Employment Agreement shall be expressly subject to the rights and obligations of the City and Raymund Donguines, as set forth in Section 1.2 [Term] and Section 4 [Termination] below.
1.5 Hours of Work
Raymund Donguines shall devote the time necessary to adequately provide services. The Parties anticipate that Raymund Donguines will work approximately twenty (20) hours per week during regular City business hours. Raymund Donguines shall have flexibility in setting his schedule provided he maintains reasonable availability to City management and staff and complies with applicable CalPERS requirements. Raymund Donguines shall not work in excess of forty (40) hours in any workweek without prior written authorization of the City Manager.
1.6 Other Activity
In accordance with Government Code section 1126, during the period of his employment, Raymund Donguines shall not accept, without the express prior written consent of the City Manager, any other employment or engage, directly or indirectly, in any business, commercial, or professional activity, whether or not for compensation, that is or may be competitive with the City, that may create a conflict of interest with the City, or that otherwise may interfere with the performance of his duties or the operations of the City.1.7 Reasonable Reimbursement of Expenses
In accordance with City policy and practice, Raymund Donguines may submit and receive reimbursement for necessary and reasonable expenses incurred in connection with employment under this Agreement.
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Packet Pg. 202 Attachment: Attachment A: AGREEMENT FOR TEMPORARY EMPLOYMENT OF RETIRED ANNUITANT FOR LIMITED DURATION WORK
2. Compensation
2.1 Rate of Pay
For all services performed by Raymund Donguines under this Agreement, City shall pay Raymund Donguines compensation at the rate of Eighty-Five Dollars and Eighty-One Cents ($85.81) per hour, to be paid according to the payroll schedule in place for City employees and subject to the limitations provided below.
2.2 Compliance with CalPERS Requirements
It is the intent of the Parties to compensate Raymund Donguines only to the extent permitted under Government Code section 21221(h) and corresponding CalPERS regulations and policy statements.
The rate of pay is based on performance of duties comparable to those performed by the position of Deputy Director of Public Works - Field Services and Engineering/City Engineer and is not less than the minimum nor greater than the maximum monthly base salary of that classification, divided by 173.33 to equal an hourly rate, as listed on the City's publicly available pay schedule.
2.2.1 Recording and Reporting of Hours Worked
Raymund Donguines shall comply with all applicable CalPERS regulations governing employment after retirement, including recording and reporting hours worked as required. City shall assist in any required reporting to CalPERS. Additionally, Raymund Donguines shall keep City continually apprised of any hours worked by him for other CalPERS Agencies during the term of this Agreement.
2.3 Benefits
2.3.1 No Benefits
Pursuant to Government Code section 21221(h) and related CalPERS regulations and policy statements, Raymund Donguines shall not receive any benefits commonly provided to regular City employees, including but not limited to health, dental, vision, life insurance, retirement contributions, employee assistance programs, or similar benefits.
3. Vacation and Leave
3.1 No Paid Leave
Raymund Donguines shall not be provided or accrue personal time off, vacation leave, sick leave, administrative leave, paid holidays, compensatory time, or similar paid leave benefits.
4. Termination
4.1 By City
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Packet Pg. 203 Attachment: Attachment A: AGREEMENT FOR TEMPORARY EMPLOYMENT OF RETIRED ANNUITANT FOR LIMITED DURATION WORK This Agreement may be terminated by City for any reason and at any time, with or without cause, upon written notice to Raymund Donguines. City's sole obligation shall be payment of compensation earned through the effective date of termination.
4.2 By Raymund Donguines
This Agreement may be terminated by Raymund Donguines for any reason fourteen (14) days after written notice to City. City shall have the option, in its complete discretion, to make Raymund Donguines’s termination effective at any time prior to the termination date given by Raymund Donguines, provided City pays him all compensation as set forth in Section 2.1 [Rate of Pay] then due and owing him through the last day actually worked. It is understood and agreed that any notice of termination should be given as soon as practicable and in the best interest of City.
4.3 No Notice for Expiration
Nothing in this Section shall require advance notice for expiration of the Agreement pursuant to Section 1.2.
4.4 Termination Obligations
Raymund Donguines agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belong to the City and shall be returned promptly to the City upon termination of Raymund Donguines' employment. Raymund Donguines' obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.4.5 No Benefits Upon Termination
Raymund Donguines shall not be entitled to any benefits, severance pay or post-employment benefits upon termination.
5. Proprietary Information
“Proprietary Information” is all information and any idea pertaining in any manner to the business of City (or any City affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of City in the course of his employment or otherwise produced or acquired by or on behalf of City. All Proprietary Information not generally known outside of City’s organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” During his employment by City, Raymund Donguines shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of City and as is or may be necessary to perform his job responsibilities under this Agreement. Following termination, City shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of City. Raymund
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Packet Pg. 204 Attachment: Attachment A: AGREEMENT FOR TEMPORARY EMPLOYMENT OF RETIRED ANNUITANT FOR LIMITED DURATION WORK Donguines' obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.6. Conflict of Interest Raymund Donguines represents and warrants that he has no financial or other interest, direct or indirect, that would conflict in any manner or interfere in any way with performance of duties under this Agreement and agrees not to acquire such an interest during the term of this Agreement.
7. General Provisions
7.1 Recitals
The Recitals are incorporated into this Agreement as though fully set forth herein.
7.2 Vehicle Operation
Raymund Donguines shall operate any vehicle used in connection with employment in a safe and lawful manner and shall maintain a valid driver's license.
7.3 Notices
All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or email or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to City at the address below, and/or at the last known address maintained in Raymund Donguines’s personnel file. Raymund Donguines agrees to notify City in writing of any change in his address during his employment with City. Notice of change of address shall be effective only when accomplished in accordance with this Section.
City's Notice Address:
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Attn: City Manager
Ray Donguines’s Address:
[Last updated address maintained in personnel file]
7.4 Indemnification
In accordance with Government Code sections 995 through 996.6 and other applicable law, City shall defend and indemnify Raymund Donguines against and for losses sustained by him arising out of any acts or omission occurring within the scope of his employment under this Agreement.
7.5 Integration
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Packet Pg. 205 Attachment: Attachment A: AGREEMENT FOR TEMPORARY EMPLOYMENT OF RETIRED ANNUITANT FOR LIMITED DURATION WORK This Agreement is intended to be the final, complete, and exclusive statement of the terms of Raymund Donguines’s employment by City. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of Raymund Donguines, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of City, now or in the future, apply to him and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.
7.6 Amendments
This Agreement may only be amended by a written instrument signed by both Parties.
7.7 Waiver
Failure to exercise any right under this Agreement shall not constitute a waiver.
7.8 Assignment. Raymund Donguines shall not assign any rights or obligations under this Agreement. City may, upon prior written notice to Raymund Donguines, assign its rights and obligations hereunder.
7.9 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
7.10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and any action in connection with or arising out of this Agreement or any dispute between the parties shall be commenced and maintained in the Superior Court of the State of California for the County of San Mateo or the United States District Court for the Northern District of California.
7.11 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended, or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest, or assert that this Agreement was modified, cancelled, superseded, or changed by any oral agreement, course of conduct, waiver, or estoppel.
7.12 Acknowledgment. Raymund Donguines acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.
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Packet Pg. 206 Attachment: Attachment A: AGREEMENT FOR TEMPORARY EMPLOYMENT OF RETIRED ANNUITANT FOR LIMITED DURATION WORK IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager and Raymund Donguines has signed and executed this Agreement, as of the date first indicated above.
CITY OF PACIFICA
By: _______________________________
Sean Charpentier, City Manager
Date: _____________________________
APPROVED AS TO FORM:
By: _______________________________
Michelle Kenyon, City Attorney
Date: _____________________________
RAYMUND DONGUINES
By: _______________________________
Date: _____________________________
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Packet Pg. 207 Attachment: Attachment A: AGREEMENT FOR TEMPORARY EMPLOYMENT OF RETIRED ANNUITANT FOR LIMITED DURATION WORK
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
7/13/2026
1 SUBJECT:
Annual Report and Presentation from the Measure Y Citizens' Oversight Committee RECOMMENDED ACTION:
Receive and file the Annual Report and Presentation from the Measure Y Citizens' Oversight Committee.
STAFF CONTACT:
Marisol Gómez, Director of Administrative Services
(650) 501-0257
[email protected]
Lucy Xie, Deputy Finance Director
(650) 501-6014
[email protected]
BACKGROUND/DISCUSSION:
On November 8, 2022, Pacifica voters approved Measure Y, a one-half cent Transactions and Use Tax, through Ordinance No. 887-C.S. The measure became effective on April 1, 2023, and provides locally controlled revenue to help maintain essential City services. Measure Y also requires the establishment of an independent Citizens' Oversight Committee to promote transparency and accountability regarding the receipt and expenditure of Measure Y revenues.
Pursuant to Section 3-19.15 of the Pacifica Municipal Code and City Council Resolution No. 40- 2023, the Measure Y Citizens' Oversight Committee was established to review the annual independent audit of Measure Y revenues and expenditures, review the City's report on the auditor's findings, and provide an Annual Report to the City Council regarding the accuracy of those findings. The Committee also serves as a community resource by helping educate the public regarding the use of Measure Y revenues while remaining independent from decisions regarding how those revenues are allocated.
The Committee has completed its review of the FY 2025-26 Measure Y audit and related financial information and is presenting its Annual Report to the City Council. A Committee representative will provide a summary of the Committee's review, and conclusions.
Staff recommends the City Council receive and file the Committee's Annual Report and Presentation.
ALTERNATIVE ACTION:
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Pacifica City Council 2
July 13, 2026
The City Council may provide direction to staff or the Measure Y Citizens' Oversight Committee regarding future reporting or other matters related to Measure Y oversight.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Receipt and filing of the Annual Report and Presentation from the Measure Y Citizens' Oversight Committee is consistent with the following Council adopted Goals:
• Enhance organizational and fiscal stability: The Committee's review of Measure Y revenues and expenditures supports transparency, fiscal accountability, and public confidence in the stewardship of voter-approved local tax revenues. • Broaden public communications and collaboration: Presentation of the Committee's Annual Report promotes public awareness of Measure Y revenues, expenditures, and the independent oversight process established by voters.
FISCAL IMPACT:
There is no fiscal impact associated with acceptance of the Annual Report and Presentation from the Measure Y Citizens' Oversight Committee. The report fulfills the oversight and transparency provisions established by Measure Y and does not authorize the expenditure or appropriation of funds.
ORIGINATED BY:
Finance Department
ATTACHMENT LIST:
Attachment A: Measure Y Citizens’ Oversight Committee Annual Report (PDF) Attachment B: Measure Y Citizens’ Oversight Committee Presentation (PDF) 14 Packet Pg. 209
1 | Page
Report on Measure Y Revenue Collection and Expenditures July 13, 2026
Prepared for:
The Pacifica City Council and the Public-at-Large
Prepared by:
The Measure Y Citizens’ Oversight Committee
Committee Members Term Expires
Marjory Davis May 2027
David Griesbach May 2029
Nicholas Humann May 2029
Joe Hurley May 2027
Carrie Schimizzi May 2029
Staff Liaisons:
Marisol Gómez, Finance and Administrative Service Director Lucy Xie, Deputy Finance Director
1. Overview of Measure Y
Measure Y, a voter-approved ½ cent transactions and use tax, serves as a vital funding mechanism for the City of Pacifica. It enables theCity to deliver essential services and fund critical infrastructure improvements, and community programs.
To ensure transparency and accountability in the use of Measure Y funds, the City Council established a Citizens’ Oversight Committee. This advisory body is responsible for reviewing the revenue and expenditures related to Measure Y and confirming that funds are spent in accordance with the voter-approved measure. The Committee meets at least once annually to review financial reports prepared by City staff and provides input to the City Council and the public through this report and other means. The Committee plays a critical role in promoting public trust by helping to ensure that Measure Y revenue is used effectively to benefit the Pacifica community.
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Packet Pg. 210 Attachment: Attachment A: Measure Y Citizens’ Oversight Committee Annual Report (6252 : Measure Y Annual Report) 2 | Page
This is the second annual report provided by the Committee, and it spans the first three fiscal years of the measure along with the FY2025-26 budget and current receipt as of March 31,2026. This report provides a detailed analysis of how Measure Y revenues were originally budgeted, and have been collected, and strategically allocated to address pressing community needs, enhance public safety, maintain critical infrastructure, and support long-term economic stability. ** Please note that FY2022-23 is only a quarter of the year since its inception is 4/1/2023. And FY2025- 26 actual receipt is through March 2026.
The Finance Department analyzes the projected budget for actuals and economic trends throughout the year, and at times will bring forward adjustments at Mid-Year to incorporate these updates. The chart above provides an overview of Measure Y budget versus actuals. FY 2025-26 amended budget and up to the present actual receipts (as of March 31, 2026) are represented and will be updated once we close the fiscal year FY 2025-26 and complete the year end audit in November.
2. Revenue Collection by Fiscal Year
Measure Y revenue supplements the City’s General Fund, which heavily relies on sales tax— Pacifica’s second-largest revenue source after Property taxes. The transactions and use tax is collected alongside regular sales tax and is subject to the same economic fluctuations.
FY 2024-25:
Projected: $2,456,000
Actual receipt: $2,582,546
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Packet Pg. 211 Attachment: Attachment A: Measure Y Citizens’ Oversight Committee Annual Report (6252 : Measure Y Annual Report) 3 | Page
For FY 2024-25, Measure Y revenue was conservatively budgeted at $2,456,000 to account for ongoing economic uncertainty. However, actual receipts totaled $2,582,546, outperforming the budget by $126,546.
FY2025-26:
Projected: $2,560,000
Actual receipt: $1,561,149 (as of March 31, 2026, Q3 Financial Report) As of March 31, 2026, the city has received 61% of the budgeted Measure Y Sales Tax revenues.
There is typically a two-month lag in the receipt of sales tax revenues; therefore, current collections reflect approximately seven months of activity. This is consistent with the prior year’s trend and appears to be on track when accounting for the expected two-month lag (approximately 17%).
3. Expenditures by Fiscal Year
FY 2024-25
Here are the highlights of the service enhancements made possible from Measure Y funding:
Public Safety:
• $146,228 to reinstate Crime Prevention Officer as a full-time Permanent Police Corporal to serve as a liaison with the school district, business community, and neighborhood watch groups and oversee special events, outreach events and programs, and code enforcement. • $45,000 for ten (10) Automated License Plate Readers (ALPR) incorporated throughout the city, to provide real time information to police officers on patrol by providing onscreen alerts for license plates which might be associated with criminal activity, such as retail theft, stolen vehicles and even help locate missing persons or persons experiencing a mental health crisis.
• $90,000 to replace obsolete 16-year-old Smith & Wesson handguns and patrol rifles, in order for the Police Department to be safely equipped and remain in compliance with best practices.
• $34,173 to support an Employee Wellness Program for Police Department which includes suicide prevention, certified peer support program, mindfulness and resiliency training.
Strategic Staffing Investments:
• $510,087 in Finance and Administrative Services staffing investments were created in order to support the ERP Implementation and upcoming critical needs such as labor negotiations and a compensation study, as well as increased support needed from the departments due to demands on technology, as also shifting oversight from the Assistant City Manager to a newly created position - Finance and Administrative Services Director, the Senior Accountant, Senior HR Analyst, and converting part-time IT analyst to full-time.
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Packet Pg. 212 Attachment: Attachment A: Measure Y Citizens’ Oversight Committee Annual Report (6252 : Measure Y Annual Report) 4 | Page
• $301,324 in Community Development requested to increase Planning Department staff capacity in light of the numerous, major work plan items assigned to the Planning Department over the next several years for a new Deputy Community Development Director, interim staffing as the new staff are onboarded, and a dedicated part-time program manager and Consultant Support for Community Engagement for the Climate Action & Adaptation Plan (CAAP) update in order to bring it to completion.
• $133,252 for a limited-term (3-year) Senior Building Maintenance Specialist position to help facilitate and coordinate maintenance, repair and upgrades to our aging facilities which was necessary due to the increasing number of repairs needed to keep our facilities operating safely and the increasing workload of existing personnel. • $25,000 for a Citywide Professional Development Training Program tailored specifically for new and aspiring managers and supervisors within the City to enhance their skills, boost confidence, and improve overall capabilities.
Infrastructure & Ordinance Impacts:
• $60,000 for consultant services on map updates and community outreach to assist the Planning Department in completing the Local Coastal Land Use Plan (LCLUP) Certification. • $35,000 for legal fees and consulting services for outreach surrounding the Short-Term Rental Ordinance update.
• $50,000 for legal costs to update various City land use planning ordinances to implement changes the California Legislature has enacted that affect the City’s local control over land use planning issues, and in bring the City into compliance with state law and maximum local control over land use decision making.
• $50,000 in contractual services to conduct a storm drain review to study the amount of flow coming from the street and drainage basins near 600 Brighton Road in order to create a design in order to address the flooding going onto the private properties. • $70,000 for Weed Abatement augmentation services to timely respond to an increase in service requests from the public in the Public Works Department. • $50,000 to continue efforts to engage the public and provide outreach and messaging in order to broaden community awareness related to the Pacifica Libraries Modernization Project (CIP #0229).
FY 2025-26
Due to the City’s ongoing structural deficit, the FY 2025–26 Budget was balanced using one-time policy actions, including reduced allocations to the Pension Trust and use of the Debt Service Fund to provide temporary General Fund relief. These one-time adjustments also generated a modest surplus that allowed for targeted service enhancements and continuation of priority programs. As a result, the City did not specifically budget new expenditures using Measure Y funds in FY 2025–26.
However, because Measure Y revenues are pooled within the General Fund, they continue to support ongoing commitments established in prior years, such as the annual police body camera software subscription, salaries and benefits for previously added positions, and the continuation of existing programs. The table below summarizes the estimated FY 2025–26 financial impact of these ongoing commitments initiated in prior years by Measure Y.
14.a
Packet Pg. 213 Attachment: Attachment A: Measure Y Citizens’ Oversight Committee Annual Report (6252 : Measure Y Annual Report) 5 | Page
4. Summary
Measure Y serves as an important funding mechanism that enables the City of Pacifica to sustain essential services, invest in critical infrastructure, and respond to evolving community needs and Community
Engagement
$35,000
2% Infrastructure
Impacts
$781,706
34%
Ordinance Impacts
$185,000
8% Public Safety Impacts
$134,428
6%
Strategic Staffing
Updates
$1,129,554
50%
Ongoing Service Enhancements
Supported by Measure Y
as Budgeted in
FY 2025-26
Community Engagement
Infrastructure Impacts
Ordinance Impacts
Public Safety Impacts
Strategic Staffing Updates
14.a
Packet Pg. 214 Attachment: Attachment A: Measure Y Citizens’ Oversight Committee Annual Report (6252 : Measure Y Annual Report) 6 | Page
priorities. In the absence of this revenue source, the City would face significant shortfalls that could affect public safety, street maintenance, and quality-of-life community programs.
Since its implementation, Measure Y has strategically supported a broad range of City needs, including mental health crisis response, law enforcement equipment, street repairs, staffing, and capital improvement projects. These allocations reflect the City’s ongoing commitment to meeting community expectations while demonstrating its direct impact on the quality of daily life in Pacifica.
As Pacifica continues to manage financial pressures and external economic challenges in the upcoming years, Measure Y remains a key component of the City’s financial strategy. Ongoing responsible management, public accountability, and transparent reporting will be critical to sustaining its long-term benefit to the community.
The City remains committed to allocating Measure Y revenues in alignment with the priorities presented to voters, including public safety, infrastructure, and community well-being. Residents are already seeing tangible improvements, from safer streets to expanded crisis response, thanks to Measure Y funded initiatives.
The Measure Y transactions and use tax measure is scheduled to sunset in 2031, after 9 years, and as outlined in this report, Measure Y significantly enhances the City’s fiscal capacity. However, continued financial planning and revenue diversification will be necessary to address future challenges, needs, and the long-term sustainability of City services—particularly in light of the temporary nature of this important but time-limited revenue source.
14.a
Packet Pg. 215 Attachment: Attachment A: Measure Y Citizens’ Oversight Committee Annual Report (6252 : Measure Y Annual Report) Measure Y Citizens’
Oversight Committee
Council Presentation
July 13, 2026
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Packet Pg. 216 Attachment: Attachment B: Measure Y Citizens’ Oversight Agenda
1. Measure Y Overview and Committee Responsibilities
2. Transactions & Use Tax Generated
3. How It Works
4. What It Enabled
14.b
Packet Pg. 217 Attachment: Attachment B: Measure Y Citizens’ Oversight Measure Y Citizens’ Oversight Committee Members
Current Committee
Members
Term Expires
David Griesbach May 2025
Nicholas Humann May 2025
Joe Hurley May 2027
Marjory Davis May 2027
Carrie Schimizzi May 2029
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Packet Pg. 218 Attachment: Attachment B: Measure Y Citizens’ Oversight Citizens’ Oversight Committee Responsibilities
● Review Annual Audit of Measure Y Revenues and Expenditures (from Auditor) ● Review Annual Committee Report on Audit Accuracy (from City) ● Provide Public with Information/Education About Measure Y Use ● Facilitate Public Education About Needs Funded by Measure Y ● Shall Not Determine the Use of Revenue Raised by Measure Y
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Packet Pg. 219 Attachment: Attachment B: Measure Y Citizens’ Oversight Transactions & Use Tax Generated
* $92K below budgeted
** $66K above budgeted
*** $126K above budgeted
**** $2.56M budgeted and $1.56M actual as of 3/31/2026
Measure Y
Approved
Nov 2022
Measure Y Goes
Into Effect
April 2023
$558K
Actual*
Apr - Jun 2023
$2.56M
Actual**
FY 2024
(Jul ‘23 - June ‘24)
$2.58M
Actual***
FY 2025
(Jul ‘24 - June ‘25)
FY 2026
(Jul ‘25 - June ‘26)
$2.56M
Projected***
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Packet Pg. 220 Attachment: Attachment B: Measure Y Citizens’ Oversight Transactions & Use Tax Generated
** Please note that FY2022-23 is only a quarter of the year since its inception is 4/1/2023.
And FY2025-26 actual receipt is through March 2026.
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Packet Pg. 221 Attachment: Attachment B: Measure Y Citizens’ Oversight Without Measure Y Funds…
$2.1M in budget cuts, potentially to…
Critical Road Repair
Projects
Aging Emergency
Services Equipment
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Packet Pg. 222 Attachment: Attachment B: Measure Y Citizens’ Oversight With Measure Y Funds…
Project Manager Teen Space
to Reduce
Project Costs
Deficit is covered… And some additional critical projects are funded
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Packet Pg. 223 Attachment: Attachment B: Measure Y Citizens’ Oversight What Has Been Enabled by Measure Y?
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Packet Pg. 224 Attachment: Attachment B: Measure Y Citizens’ Oversight Grand Ave
- Before
FY ‘22-’23
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Packet Pg. 225 Attachment: Attachment B: Measure Y Citizens’ Oversight Grand Ave
- After
FY ‘22-’23
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Packet Pg. 226 Attachment: Attachment B: Measure Y Citizens’ Oversight Rockaway Beach Ave
- Before
FY ‘22-’23
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Packet Pg. 227 Attachment: Attachment B: Measure Y Citizens’ Oversight Rockaway Beach Ave
- After
FY ‘22-’23
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Packet Pg. 228 Attachment: Attachment B: Measure Y Citizens’ Oversight Vital Safety Gear for Our Firefighters
FY ‘23-’24
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Packet Pg. 229 Attachment: Attachment B: Measure Y Citizens’ Oversight A Safe Space for Teens and Citizens…
FY ‘23-’24
…and a Project Manager to
Reduce Consultancy Costs
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Packet Pg. 230 Attachment: Attachment B: Measure Y Citizens’ Oversight FY ‘24
-’25
600 Brighton Road Storm Drain
Completion of the Local
Coastal Land Use Plan (LCLUP)
and Storm Drain Review
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Packet Pg. 231 Attachment: Attachment B: Measure Y Citizens’ Oversight Community Engagement
$35,000
2%
Infrastructure Impacts
$781,706
34%
Ordinance Impacts
$185,000
8%
Public Safety Impacts
$134,428
6%
Strategic Staffing Updates
$1,129,554
50%
Ongoing Service Enhancements
Supported by Measure Y
as Budgeted in
FY 2025-26
Community Engagement
Infrastructure Impacts
Ordinance Impacts
Public Safety Impacts
Strategic Staffing Updates
14.b
Packet Pg. 232 Attachment: Attachment B: Measure Y Citizens’ Oversight FY 2025-26 Summary
FY 2025-26
Due to the City’s ongoing structural deficit, the FY 2025–26 Budget was balanced using one-time policy actions, including reduced allocations to the Pension Trust and use of the Debt Service Fund to provide temporary General Fund relief. These one-time adjustments also generated a modest surplus that allowed for targeted service enhancements and continuation of priority programs. As a result, the City did not specifically budget new expenditures using Measure Y funds in FY 2025–26. However, because Measure Y revenues are pooled within the General Fund, they continue to support ongoing commitments established in prior years, such as the annual police body camera software subscription, salaries and benefits for previously added positions, and the continuation of existing programs. The table below summarizes the estimated FY 2025–26 financial impact of these ongoing commitments initiated in prior years by Measure Y.
14.b
Packet Pg. 233 Attachment: Attachment B: Measure Y Citizens’ Oversight Summary
● $7.27 million collected/projected to date via a 0.5¢ Transactions and Use Tax ● 8% of General Fund revenues
● Has Funded Vital Services That May Not Have Been Funded Otherwise ○ Fire, Police, Roads, City Cost Reductions
● Will Expire in 2031 (After 9 Years)
● Oversight Committee Will Continue to Monitor Usage and Inform the Public https://www.cityofpacifica.org/government/commissions-committees/measure-y-citizens-oversight-committee
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Packet Pg. 234 Attachment: Attachment B: Measure Y Citizens’ Oversight Thank You for Attending
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Packet Pg. 235 Attachment: Attachment B: Measure Y Citizens’ Oversight
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
7/13/2026
1 SUBJECT:
Cancellation of July 27, 2026 Regular City Council Meeting and August 10, 2026 Regular City Council Meeting
RECOMMENDED ACTION:
Move to approve cancellation of the July 27, 2026 regular City Council meeting and the August 10, 2026 regular City Council meeting.
STAFF CONTACT:
Sean Charpentier, City Manager
650-738-7409
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
Traditionally, the City Council has cancelled the second meeting in either July or August to allow for a recess period. This proposal recommends cancellation of the second regular City Council meeting in July 2026 and the first regular meeting in August 2026. Should the Council wish to cancel these regular meetings, the next regularly scheduled City Council meeting will be August 24, 2026.
The City Manager may schedule a Special City Council meeting during the period from July 27, 2026 to August 10, 2026 in lieu of the regular meetings.
Research in 2025 into the practices of other cities within San Mateo County for meeting recesses in the summer months found that ten cities cancel / recess for two meetings in July and/or August, five cities (including Pacifica) cancel / recess for one meeting in July or August and two cities do not observe a recess / cancellation of meetings in the summer months. Of the two that do not provide for a recess, the Town of Hillsborough Council meets only once per month regularly.
Cities With 2 Meeting Reces in 2025
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Pacifica City Council 2
July 13, 2026
City Recess Dates / Meetings
Atherton both August mtgs
Belmont either 2nd mtg July & 1st August mtg or both August mtgs Brisbane both August mtgs
Burlingame 2nd mtg July & 1st mtg Aug
Half Moon Bay 1st mtg July & 1st mtg Aug
Millbrae both August mtgs
Redwood City holds only 1 mtg in July and 1 mtg in August for break San Carlos both July mtgs
San Mateo 1st mtg July & 1st mtg Aug
Woodside both August mtgs
Cities With 1 Meeting Recess in 2025
City Recess Dates / Meetings
Colma 1st August mtg
Menlo Park 2nd mtg July
Pacifica 2nd mtg July
San Bruno 1st mtg August
South San Francisco 1 mtg in July
Cities With No Scheduled Recess in 2025
City Recess Dates / Meetings
Foster City N/A
Hillsborough No recess, but regularly meets once per month The Council may wish to consider an Alternative Action as outlined below related to cancellation of regular meetings to observe a recess.
ALTERNATIVE ACTION:
Council may choose not to cancel the July 27, 2026 regular meeting or the August 10, 2026 regular meeting.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The practice of planning for and scheduling a City Council recess is consistent with the following Council adopted Strategic Plan:
Values:
• A Healthy Workplace
Goals:
Goal 1: Enhance organizational and fiscal stability
Strategy 1A: Improve staff retention, recruitment, mental health and wellness resources, and increase staffing for rising workloads.
FISCAL IMPACT:
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Pacifica City Council 3
July 13, 2026
None.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
15 Packet Pg. 238