Agenda packet — Pacifica City Council, January 10, 2022 (part 1 of 2)

CITY OF PACIFICA

CITY COUNCIL AGENDA
Zoom Meeting: https://zoom.us/j/99091160676
Dial-in: 1-669-900-6833 | WebinarID: 990 9116 0676
Alt 1: https://www.cityofpacifica.org/LiveStream
Alt 2: Cable Channel 26
Mayor Mary Bier
Mayor Pro Tem Tygarjas Bigstyck
Councilmember Mike O'Neill
Councilmember Sue Vaterlaus
Councilmember Sue Beckmeyer
City Council Regular Meeting 1 January 10, 2022
SPECIAL and REGULAR MEETING
January 10, 2022 (MONDAY)
www.cityofpacifica.org
CORONAVIRUS DISEASE (COVID-19) NOTICE

THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES

TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020.

THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT

ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE SECTION 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES.

Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only and will not be physically open to the public. City Councilmembers and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom.

Below is information on how the public may observe and participate in the meeting.

To Observe the Meeting:
• To access the meeting by computer / smartphone, go to:
https://zoom.us/j/99091160676
• To dial-in via phone:

Dial: 1-669-900-6833 And enter Webinar ID: 990 9116 0676 To Participate in the Meeting by Providing Public Comment:
• During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The City Clerk will call on people to speak by name provided or last 4 digits of phone number for dial-in attendees.

Please clearly state your full name for the record at the start of your public comment. • Before the Meeting: Written public comments for the record may be submitted in advance by 12:00 p.m. on the meeting date by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public City Council Regular Meeting 2 January 10, 2022
comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda
• Include the submitter’s full name
Written public comments received by 12:00 p.m. on the meeting date will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting. Written public comments will be posted to the City’s website for review prior to the meeting.

Alternative Ways to Watch the Meeting:

The primary method for observing and participating in the meeting is via the zoom link or phone number listed above, however, there are alternative ways to watch the meeting:
• Watch on TV on local cable channel 26
• Watch a Live Stream of the meeting by following
https://www.cityofpacifica.org/LiveStream or www.pacificcoast.tv Note: The methods of observing the meeting or providing public comments may be altered or the meeting may be cancelled, if needed. You may check on the status of the meeting by visiting the City’s website at www.cityofpacifica.org for any updates or changes, should they occur.
6:00 PM - OPEN STUDY SESSION
A. Solar Photovoltaic System with optional battery storage at Pacifica Community Center
PROPOSED ACTION: Receive a presentation regarding the deployment of a Solar Photovoltaic System (Solar PV System) with optional battery storage at Pacifica Community Center and provide direction to the City Manager on pursuing a Power Purchase Agreement with Peninsula Clean Energy for participation in Peninsula Clean Energy’s public facility solar and storage procurement process. 7:00 PM OPEN SESSION
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.

Salute to the Flag led by Mayor Bier
City Council Regular Meeting 3 January 10, 2022

CONSENT CALENDAR
Persons wishing to address the Council on any Consent Calendar item may do so at this time. Each speaker will be allotted three minutes.

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

1. Approval of Disbursements for 11/01/21 through 11/30/21.

PROPOSED ACTION: Move to approve attached lists of disbursements for 11/01/21 through 11/30/21.

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the special and regular Joint City Council and Economic Development Committee Meeting held on December 13, 2021.

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

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

4. Continuation of Proclamation of Local Emergency at the Anza Pump Station.

PROPOSED ACTION: Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.

5. Continuation of Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”).

PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist regarding Novel (new) Coronavirus ("COVID-19”).

6. Consideration of a Resolution Making Findings as Required by AB 361 to Continue to Permit the City Council and the City’s Committees and Commissions to Conduct Teleconferenced Meetings Due to Health and Safety Concerns Relating to COVID-19 PROPOSED ACTION: Move to adopt a Resolution making findings pursuant to AB 361 to authorize the City Council and the City’s Committees and Commissions to continue to conduct teleconferenced meetings due to health and safety concerns relating to COVID19.

7. Adoption of a Resolution of the City Council of the City of Pacifica approving the First Amendment to the Lease Agreement between the City of Pacifica and Stephen Johnson Photography for the premises located at 1220-C Linda Mar Boulevard (located in the Pacifica Center for the Arts).

PROPOSED ACTION: Move to adopt the Resolution of the City Council of the City of Pacifica approving the First Amendment to the Lease Agreement between the City of City Council Regular Meeting 4 January 10, 2022
Pacifica and Stephen Johnson Photography for the premises located at 1220-C Linda Mar Boulevard (located in the Pacifica Center for the Arts); authorizing the City Manager to execute the First Amendment to the Lease Agreement; and finding the approval of the First Amendment to the Lease Agreement exempt from the California Environmental Quality Act (“CEQA”).

8. Notice of Completion for the Serra Drive Outfall Repair Project and approval of Amendment No. 1 for Inspection Services and approval of Amendment No. 2 for Design & Environmental Services
PROPOSED ACTION: Adopt the resolution next in order a Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the Serra Drive Outfall Repair Project; and Authorize the City Manager to release the retention funds to the contractor; and approve Amendment No. 1 for Construction Inspection Services; and approve Amendment No. 2 for Design and Environmental Services.

PUBLIC HEARINGS – 7:30 PM

9. Public Hearing to Receive Input from the Community Regarding the Redrawing of Election District Boundaries
PROPOSED ACTION: Receive a report from Staff and City demographer, National Demographics Corporation (NDC), on the redistricting process and permissible criteria to be considered to redraw district boundaries; review existing boundary map 505b with 2020 census data and discuss the ability of re-adopting map 505b; and conduct a public hearing to receive public input on the composition of the districts.

ORAL COMMUNICATIONS
This portion of the Agenda is available for the public to address the City Council on any issue that is not on the Agenda. Any person wishing to address the Council shall be recognized by the Mayor during Oral Communications, provided, however, that during the Oral Communications portion of the agenda, only items not on the agenda for that meeting may be addressed. All remarks shall be addressed to the Council as a body and not to any member thereof. Councilmembers shall not enter into debate with speakers under Oral Communications. A maximum time of three minutes will be allowed for any speaker. Pursuant to Pacifica Municipal Code Title 2, Chapter 1, Section 2-1.118 any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the presiding officer and, if such conduct continues, may, at the direction of the presiding officer, be ordered barred from further audience before the Council during the meeting.

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

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

City Council Regular Meeting 5 January 10, 2022

CONSIDERATION

10. Surf Camp/School Permitting Policy Recommendations
PROPOSED ACTION: Adopt the Surf Camp/School Permitting Policy Recommendations

11. Appointment of Councilmember Ad Hoc Subcommittee to Develop and Recommend Updates to the City Council Rules and Code of Ethics
PROPOSED ACTION: Appoint a two Councilmember Ad Hoc Subcommittee to work with the City Manager and City Attorney to recommend updates to the City Council Rules and Code of Ethics for future consideration by the full City Council.

12. 2022 City Council Liaison and Committee Assignments PROPOSED ACTION: Review the list of City Council Liaison and Committee Assignments, make any modifications for the calendar year 2022, and approve the final list.

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

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

HOW TO OBTAIN CITY COUNCIL AGENDAS
Posted agendas:

Agendas are posted no later than Friday prior to the City Council meeting date, at the entrance to the City Hall location at the Pacifica Community Center, 540 Crespi Drive.

View on the Internet:

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

Send a request to Sarah Coffey, at [email protected] City Clerk’s Office/City Manager’s Office
City Hall, 540 Crespi Drive
Council meetings:

Agendas are available at the City Council meeting

HOW TO REACH YOUR GOVERNMENT OFFICIALS
• Governor Gavin Newsom, State Capitol Building, Sacramento CA 95814 (916) 445-2841 City Council Regular Meeting 6 January 10, 2022
• State Senator Josh Becker, 1528 So. El Camino Real, Suite 303, San Mateo CA 94402 (650) 212-3313
• Assembly Member Kevin Mullin, 1528 South El Camino Real, Suite 302 San Mateo, CA 94402 (650) 349-2200
• Congresswoman Jackie Speier, 155 Bovet Road, Suite 780, San Mateo CA 94402 (650) 342-0300
• Senator Alex Padilla, B03 Russell Senate Office Building, Washington DC 20510 (202) 224-3553
• Senator Dianne Feinstein, #1 Post Street, Suite 2450, San Francisco CA 94104 (415) 393-0707
• President Joseph R. Biden, 1600 Pennsylvania Ave. NW, Washington DC 20500

CITY COUNCIL
• Mayor Mary Bier, [email protected]
• Mayor pro Tem Tygarjas Bigstyck, [email protected] • Councilmember Mike O’Neill, mo’[email protected]
• Councilmember Sue Vaterlaus, [email protected]
• Councilmember Sue Beckmeyer, [email protected]

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/10/2022
1 SUBJECT:

Solar Photovoltaic System with optional battery storage at Pacifica Community Center RECOMMENDED ACTION:

Receive a presentation regarding the deployment of a Solar Photovoltaic System (Solar PV System) with optional battery storage at Pacifica Community Center and provide direction to the City Manager on pursuing a Power Purchase Agreement with Peninsula Clean Energy for participation in Peninsula Clean Energy’s public facility solar and storage procurement process.

STAFF CONTACT:

Sam Bautista, DPW Deputy Director
(650) 738-3771
[email protected]
Lisa Petersen, DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

Peninsula Clean Energy (PCE) has collaborated with its Joint Power Authority (JPA) members, including the City of Pacifica, to identify candidate critical facilities and develop Solar PV System designs for these sites. At its expense, PCE engaged an established independent engineering firm via competitive solicitation and, working with City staff, determined the feasibility of a Solar PV System for the Pacifica Community Center. In addition, PCE’s structural engineering consultant has analyzed the existing roof and has determined it would be able to carry the additional load of the PV system.

PCE is piloting a new aggregate procurement model for public facilities to help reduce the costs and complexities for its public partners. PCE will manage the procurement process, financing, installation, operations, and maintenance with no upfront cost to the City. The process is intended to repeat with subsequent procurement rounds, and the City may add additional facilities in subsequent rounds.

A Battery Energy Storage System (Battery) will be included as an option in the procurement to provide added resilience benefits such as the ability to maintain an operational facility during a power outage or emergency event. If a Battery is included, it may require City funding or result in a monthly cost above the current energy bills. PCE, via a competitive solicitation, will be seeking best pricing for applicable Battery systems and explore financial options with the City.

There is no requirement to include the Battery, but if no Battery is installed, the Solar PV Systems will be designed as “battery ready” to allow for a streamlined future addition of a Battery.

PCE will offer a long-term Power Purchase Agreement (PPA) to the City for a specified price per kilowatt- hour (kWh) that is lower than the current and future price per kWh the City would Packet Pg. 7
Pacifica City Council 2
January 10, 2022
pay for that same energy from the utility. The PPA will be provided “at cost” by PCE to cover equipment and installation. In addition, PCE will retain a small fee per kWh to cover its expenses, while maintaining full transparency with the City about all salient aspects of the project’s financials. If PCE is unable to offer a PPA rate for the Solar PV System that provides the City with net savings or other community benefits as determined by the City, the City would be under no obligation to move forward with the project.

PCE cannot provide a specific PPA price until it knows equipment costs, which will be determined via competitive solicitation. However, to make the RFP as competitive as possible, Bidders need to know that there is a firm commitment from participating facility owners to move forward if they can provide pricing that results in net savings.

ANALYSIS
Solar PV Systems provide carbon-free renewable electricity to buildings and reduce electric bills. If included, the Battery can provide resilience benefits allowing the Pacifica Community Center to continue to operate on a limited basis during a power outage using electricity generated and stored onsite.

The benefits of this project include:
• The City will obtain financial and environmental benefits of a Solar PV System with no upfront costs and without incurring the staff time, cost, and complexity of conducting its own solicitation for design and structural assessment, hiring, and managing consultants, and overseeing construction and maintenance;
• The City will create local, renewable energy to advance its sustainability goals; • The City will receive enhanced energy resiliency if a Battery is deployed; and • The City will hedge against rising utility rates, which over the course of a 20+ year system life is expected to be significant.

The California Public Utilities Commission (CPUC) is currently engaged in rulemaking for changes to the Net Energy Metering (NEM) tariffs governing solar PV resources. It is expected that the next iteration of NEM (NEM 3) will be less advantageous for solar and may negatively affect project economics. In the past, projects that had reached a defined stage were grandfathered in under the existing tariff at the time. It is expected this might apply to the latest NEM revision as well. As such, it is important to deploy projects as soon as possible. IF NEM 3 is enacted prior to the deployment of Solar PV Systems from this procurement and would prevent PCE from offering a PPA at net benefits to the City, PCE would have the right to terminate this pilot program at no cost or obligation to the City.

This project is consistent with the City’s Climate Action Plan, advancing the City’s goals to:
• Promote energy efficiency and renewable energy in government operations; and • Encourage solar energy installation; and
• Demonstrate environmental leadership, save money, and promote green jobs, comply with state environmental initiatives, and promote sustainable development.

If the City Council is supportive of moving forward with the Solar PV System and Battery, the City Manager seeks City Council direction to pursue a PPA with PCE for participation in PCE’s public facility solar and storage procurement process and bring any resolutions of intent to participate and/or agreements to a future City Council meeting for approval.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Packet Pg. 8
Pacifica City Council 3
January 10, 2022
The installation of a Solar PV System is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise. Installation of a Solar PV System would promote energy efficiency and environmental sustainability. • Environmental Sustainability: includes mapping out parks and open space, preserving hillsides and beaches, paying attention to flora and fauna needs, environmental health, and climate adaptation. This project is consistent with the City’s Climate Action Plan.

FISCAL IMPACT:

There is no cost to the City to participate in the procurement process. The Solar PV System is expected to provide modest cost savings initially, which are expected to grow over time due to avoided increases in utility costs. If Battery storage is included, it may require City funding or result in a monthly cost. Staff would return to the City Council for approval of Battery funding, if needed.

ORIGINATED BY:

Engineering
ATTACHMENT LIST:

Packet Pg. 9

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/10/2022
1 SUBJECT:

Approval of Disbursements for 11/01/21 through 11/30/21.

RECOMMENDED ACTION:

Move to approve attached lists of disbursements for 11/01/21 through 11/30/21.

STAFF CONTACT:

Yulia Carter, Chief Financial Sustainability Officer
(650) 738-7402
[email protected]
BACKGROUND/DISCUSSION:

Staff has submitted the following disbursements for Council approval:
• Disbursements dated 11/01/21 through 11/15/21 in the amount of $1,185,459.78 as written on regular checks numbered 58039-58194 and 58255-58273 (Attachment 1).

These disbursements are for Fiscal Year 2021-2022.
• Disbursements dated 11/16/21 through 11/30/21 in the amount of $907,115.04 as written on regular checks numbered 58195-58254 and 58274-58358 (Attachment 2).

These disbursements are for Fiscal Year 2021-2022.

FISCAL IMPACT:

These disbursements are within budgeted appropriations.

ORIGINATED BY:

Finance Department
ATTACHMENT LIST:

FY 2021-2022 Disbursements 58039-58194 & 58255-58273 -11-01 to 11-15 (PDF) FY 2021-2022 Disbursements 58195-58254 & 58274-58358 -11-16 to 11-30 (PDF) 1 Packet Pg. 10
Report: CHECKREG Generated: 18DEC20 12:17 Run: TUESDAY NOV2321 8:16 Page: 1

REPORT PARAMETERS
---------------------------
ORGANIZATION : 001
BANK : 1
PRINT BY : CHECK #
SORT OPTION : CHECK #
PRINT DETAILS : N
ORG NAME FOR EXTRACT FILE : PACIFICA
Report: CHECKREG Generated: 18DEC20 12:17 Run: TUESDAY NOV2321 8:16 Page: 2

CITY OF PACIFICA

CHECK REGISTER
CHECK RANGE: 58039 - 58194
CHECK
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME TYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------ 1 58039 $1482.32 11/03/21 00092 0 AD BRAKES S OUTSTANDING 1 58040 $650.40 11/03/21 00094 0 ADAM-HILL COMPANY, THE S OUTSTANDING 1 58041 $1976.75 11/03/21 03466 0 AGUILAR, MARIA S OUTSTANDING 1 58042 $29.50 11/03/21 00136 0 ALHAMBRA S OUTSTANDING
1 58043 $249.00 11/03/21 05391 0 ALL DISPATCH SERVICES INC. S OUTSTANDING 1 58044 $1000.00 11/03/21 05392 0 ALLIE DIAZ S OUTSTANDING 1 58045 $1148.23 11/03/21 04980 1 AMAZON.COM SALES, INC. S OUTSTANDING 1 58046 $228.65 11/03/21 03895 0 AMERICAN FIDELITY ADMINISTRATIVE SERVICES LLC S OUTSTANDING 1 58047 $4299.28 11/03/21 00217 3 ASSOCIATION OF BAY AREA GOVERNMENTS S OUTSTANDING 1 58048 $200.00 11/03/21 04561 0 AVINA, ANGEL S OUTSTANDING 1 58049 $1789.00 11/03/21 01810 0 BARTEL ASSOCIATES, LLC S OUTSTANDING 1 58050 $255.00 11/03/21 00265 0 BAY AREA AIR QUALITY MGMT DIST S OUTSTANDING 1 58051 $109.00 11/03/21 05393 0 BONY MAK S OUTSTANDING 1 58052 $294.94 11/03/21 00510 0 CINTAS CORPORATION #464 S OUTSTANDING 1 58053 $350.66 11/03/21 02822 0 CITY AUTO SUPPLY S OUTSTANDING 1 58054 $128.03 11/03/21 03246 0 COAST COUNTIES PETERBILT & COAST COUNTIES PAC S OUTSTANDING 1 58055 $748.75 11/03/21 02168 1 COMCAST S OUTSTANDING
1 58056 $1185.47 11/03/21 00001 182 CUNANAN, SUZANNE S OUTSTANDING 1 58057 $9109.01 11/03/21 00025 0 DALY CITY/CITY OF S OUTSTANDING 1 58058 $268.36 11/03/21 02793 0 EAST PENN MANUFACTURING CO., INC S OUTSTANDING 1 58059 $2047.50 11/03/21 05335 0 EXPERTISE, LLC S OUTSTANDING 1 58060 $6489.59 11/03/21 02767 0 FLYERS ENERGY, LLC S OUTSTANDING 1 58061 $19447.00 11/03/21 04369 0 GHD INC. S OUTSTANDING 1 58062 $100.00 11/03/21 03823 1 GIBSON JR, EUGENE S OUTSTANDING 1 58063 $82.08 11/03/21 00872 0 GRAINGER S OUTSTANDING
1 58064 $750.00 11/03/21 03947 1 GRANICUS, INC. S OUTSTANDING 1 58065 $49.54 11/03/21 00913 0 HAYWARD RUBBER STAMP S OUTSTANDING 1 58066 $710.55 11/03/21 00929 0 HI-TECH EMERGENCY VEHICLE INC. S OUTSTANDING 1 58067 $963.56 11/03/21 04085 0 JAMES FORD, INC. S OUTSTANDING 1 58068 $137.66 11/03/21 01014 0 JOHN THE SIGN GUY LLC S OUTSTANDING 1 58069 $545.58 11/03/21 01055 2 KONE INC S OUTSTANDING 1 58070 $11334.00 11/03/21 04088 0 LARRY WALKER ASSOCIATES S OUTSTANDING 1 58071 $1410.94 11/03/21 01070 0 LAURETTA PRINTING COMPANY S OUTSTANDING 1 58072 $4300.00 11/03/21 03111 0 MANAGEMENT PARTNERS S OUTSTANDING 1 58073 $70.00 11/03/21 01165 0 MILLER & O'BRIEN S OUTSTANDING 1 58074 $759.88 11/03/21 04346 0 NEW A AND A TOP AND TRIM S OUTSTANDING 1 58075 $267.77 11/03/21 04397 1 NORCAL WASTE EQUIPMENT CO S OUTSTANDING 1 58076 $62.48 11/03/21 03532 0 O'NEILL, MIKE S OUTSTANDING 1 58077 $1667.98 11/03/21 02486 0 O'REILLY AUTO PARTS S OUTSTANDING 1 58078 $174.10 11/03/21 01217 0 OFFICE DEPOT S OUTSTANDING 1 58079 $1141.40 11/03/21 02027 0 OLIVER PACKAGING AND EQUIPMENT COMPANY S OUTSTANDING 1 58080 $135650.50 11/03/21 02494 0 PACIFIC TRENCHLESS INC S OUTSTANDING 1 58081 $1281.60 11/03/21 01297 0 PARS S OUTSTANDING
1 58082 $11269.46 11/03/21 03782 0 PRIORITY 1 PUBLIC SAFETY EQUIPMENT S OUTSTANDING 1 58083 $4500.00 11/03/21 01329 0 PUMP REPAIR SERVICE CO., INC. S OUTSTANDING 1 58084 $996.52 11/03/21 01336 0 QUILL CORPORATION S OUTSTANDING 1 58085 $5915.09 11/03/21 03306 1 ROBERT HALF MANAGEMENT RESOURCES S OUTSTANDING 1 58086 $275.34 11/03/21 05041 0 ROSA MACK S OUTSTANDING 1 58087 $116.00 11/03/21 02040 0 ROSS' LADDER SERVICE S OUTSTANDING 1 58088 $89.04 11/03/21 01795 0 ROSS, LAURIE S OUTSTANDING 1 58089 $3594.20 11/03/21 00055 0 SAN MATEO COUNTY FORENSIC LAB S OUTSTANDING Report: CHECKREG Generated: 18DEC20 12:17 Run: TUESDAY NOV2321 8:16 Page: 3

CITY OF PACIFICA

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Attachment: FY 2021-2022 Disbursements 58039-58194 & 58255-58273 -11-01 to 11-15 (4807 : Disbursements - Dated 11/01/21 through 11/30/21) 1 58095 $15.12 11/03/21 02663 0 UNDERWOOD, EILEEN S OUTSTANDING 1 58096 $2616.00 11/03/21 02527 0 UNIVERSAL BUILDING SERVICES S OUTSTANDING 1 58097 $402.63 11/03/21 01812 3 US BANK EQUIPMENT FINANCE S OUTSTANDING 1 58098 $7425.72 11/03/21 03835 0 US FOODS, INC S OUTSTANDING 1 58099 $3067.04 11/03/21 01684 0 VERIZON WIRELESS S OUTSTANDING 1 58100 $470.68 11/03/21 00001 151 WACHTELBORN, DUANE S OUTSTANDING 1 58101 $85.50 11/03/21 05163 1 WEX HEALTH, INC. S OUTSTANDING 1 58102 $2075.94 11/03/21 04999 1 XEROX FINANCIAL SERVICES S OUTSTANDING 1 58103 $2326.76 11/04/21 00022 4 SAN MATEO COUNTY TAX COLLECTOR S OUTSTANDING 1 58104 $800.00 11/10/21 01585 0 ACCUTITE S OUTSTANDING 1 58105 $36.00 11/10/21 00115 0 AHEARN JANE S OUTSTANDING 1 58106 $138.69 11/10/21 00122 0 AIRGAS USA, LLC S OUTSTANDING 1 58107 $235.84 11/10/21 00045 2 ALBERTSONS / SAFEWAY S OUTSTANDING 1 58108 $171.73 11/10/21 00136 0 ALHAMBRA S OUTSTANDING 1 58109 $1390.42 11/10/21 04980 1 AMAZON.COM SALES, INC. S OUTSTANDING 1 58110 $1531.65 11/10/21 03895 0 AMERICAN FIDELITY ADMINISTRATIVE SERVICES LLC S OUTSTANDING 1 58111 $600.00 11/10/21 03188 0 ATLAS PLUMBING & ROOTER INC S OUTSTANDING 1 58112 $126.00 11/10/21 00001 354 BARRANGO, SEAN S OUTSTANDING 1 58113 $1200.00 11/10/21 04902 0 BENAIAH VENTURES, LLC S OUTSTANDING 1 58114 $76.69 11/10/21 00454 1 CAL-STEAM INC.#2504 S OUTSTANDING 1 58115 $431.00 11/10/21 00014 5 CALIFORNIA STATE OF S OUTSTANDING 1 58116 $2441.00 11/10/21 03814 1 CAPPSTONE, INC. S OUTSTANDING 1 58117 $243.00 11/10/21 05296 0 CLAIRE BREES S OUTSTANDING 1 58118 $285.00 11/10/21 05082 0 COASTSIDE NEWS GROUP, INC. S OUTSTANDING 1 58119 $354.95 11/10/21 02168 1 COMCAST S OUTSTANDING
1 58120 $58115.00 11/10/21 00022 49 COUNTY OF SAN MATEO S OUTSTANDING 1 58121 $41.55 11/10/21 00025 0 DALY CITY/CITY OF S OUTSTANDING 1 58122 $11710.00 11/10/21 00645 0 DAVEY TREE EXPERT COMPANY S OUTSTANDING 1 58123 $4200.00 11/10/21 02201 0 DISCOUNT PLUMBING, INC. S OUTSTANDING 1 58124 $109.95 11/10/21 00489 0 ENTERSECT S OUTSTANDING 1 58125 $77.24 11/10/21 00758 0 EXPERIAN S OUTSTANDING
1 58126 $13409.40 11/10/21 02767 0 FLYERS ENERGY, LLC S OUTSTANDING 1 58127 $2192.50 11/10/21 03930 0 FREYER & LAURETA, INC. S OUTSTANDING 1 58128 $5778.00 11/10/21 05394 0 GAIL EDWARDS S OUTSTANDING 1 58129 $100.00 11/10/21 05394 0 GAIL EDWARDS S OUTSTANDING 1 58130 $328.13 11/10/21 02213 0 GARRATT CALLAHAN S OUTSTANDING 1 58131 $22.00 11/10/21 03804 0 GODSOE, LIZ S OUTSTANDING 1 58132 $20230.00 11/10/21 05269 0 GOOD CITY COMPANY S OUTSTANDING 1 58133 $18000.00 11/10/21 05399 0 GOVINVEST INC. S OUTSTANDING 1 58134 $2726.58 11/10/21 00872 0 GRAINGER S OUTSTANDING 1 58135 $225.82 11/10/21 05395 0 GRANT KUIKEN S OUTSTANDING 1 58136 $484.16 11/10/21 00892 0 HACH COMPANY S OUTSTANDING 1 58137 $8335.14 11/10/21 00919 1 HERC RENTALS INC. S OUTSTANDING 1 58138 $5091.25 11/10/21 00925 0 HF&H CONSULTANTS LLC S OUTSTANDING 1 58139 $1152.14 11/10/21 04859 1 HOME DEPOT CREDIT SERVICES S OUTSTANDING 1 58140 $74.81 11/10/21 04850 1 HOME DEPOT USA, INC. S OUTSTANDING Report: CHECKREG Generated: 18DEC20 12:17 Run: TUESDAY NOV2321 8:16 Page: 4

CITY OF PACIFICA

CHECK REGISTER
CHECK RANGE: 58039 - 58194
CHECK
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME TYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------ 1 58141 $389.50 11/10/21 02511 0 IDEXX LABORATORIES S OUTSTANDING 1 58142 $6220.00 11/10/21 03414 0 INDUSTRIAL ELECTRICAL CO. S OUTSTANDING 1 58143 $192.00 11/10/21 04494 0 ISIDRO, ALLEN S OUTSTANDING 1 58144 $9678.00 11/10/21 05398 0 JOEL AND MYRIAM FONTAINE S OUTSTANDING 1 58145 $77.71 11/10/21 01812 4 KBA DOCUSYS S OUTSTANDING 1 58146 $1167.24 11/10/21 03700 0 KIMBALL MIDWEST S OUTSTANDING 1 58147 $1449.93 11/10/21 01095 0 LINDA MAR HARDWARE S OUTSTANDING 1 58148 $1000.00 11/10/21 05396 0 MARK DIMAS S OUTSTANDING 1 58149 $81667.70 11/10/21 05366 0 MARTIN CASTILLO DBA S OUTSTANDING 1 58150 $236.25 11/10/21 00002 55 MARTINEZ YANO, ELIZABETH (PETTY CASH) S OUTSTANDING 1 58151 $1960.95 11/10/21 05369 0 MUCHMORE THAN CONSULTING, LLC S OUTSTANDING 1 58152 $712.95 11/10/21 04549 0 NAF SERVICES, INC. S OUTSTANDING 1 58153 $178.20 11/10/21 01194 0 NATIONAL CONSTRUCTION RENTALS, INC S OUTSTANDING 1 58154 $13085.92 11/10/21 01206 0 NORTH COAST COUNTY WATER DIST. S OUTSTANDING 1 58155 $936.76 11/10/21 01217 0 OFFICE DEPOT S OUTSTANDING 1 58156 $48.00 11/10/21 03803 0 ORTEGA, SHIRLEY S OUTSTANDING 1 58157 $2311.61 11/10/21 01250 0 PACIFICA COMMUNITY TELEVISION S OUTSTANDING 1 58158 $12480.00 11/10/21 01261 0 PACIFICA SCHOOL DISTRICT S OUTSTANDING 1 58159 $130.00 11/10/21 03802 0 PATINO, JOE S OUTSTANDING 1 58160 $62.00 11/10/21 02539 0 PITTSINGER, R JANE S OUTSTANDING 1 58161 $3300.05 11/10/21 04863 0 POWERDMS, INC. S OUTSTANDING 1 58162 $322.94 11/10/21 01316 0 PRAXAIR S OUTSTANDING
1 58163 $3114.39 11/10/21 03782 0 PRIORITY 1 PUBLIC SAFETY EQUIPMENT S OUTSTANDING 1 58164 $330.84 11/10/21 05350 0 PRODIGY PRESS INC. S OUTSTANDING 1 58165 $128.42 11/10/21 01336 0 QUILL CORPORATION S OUTSTANDING 1 58166 $10475.49 11/10/21 04026 0 RANEY PLANNING AND MANAGEMENT, INC S OUTSTANDING 1 58167 $12075.43 11/10/21 03306 1 ROBERT HALF MANAGEMENT RESOURCES S OUTSTANDING 1 58168 $4269.10 11/10/21 00022 8 SAN MATEO COUNTY CONTROLLER S OUTSTANDING 1 58169 $54500.00 11/10/21 00022 56 SAN MATEO COUNTY DEPARTMENT OF HOUSING S OUTSTANDING 1 58170 $736.58 11/10/21 01422 0 SAN MATEO ELECTRONIC SUPPLY S OUTSTANDING 1 58171 $2538.60 11/10/21 04860 0 SERRA YELLOW CAB S OUTSTANDING 1 58172 $241.60 11/10/21 02182 0 SERVICE PRESS, INC. S OUTSTANDING 1 58173 $63.92 11/10/21 01513 0 SOUTH CITY LUMBER S OUTSTANDING 1 58174 $171132.50 11/10/21 00049 5 SOUTH SAN FRANCISCO, CITY OF S OUTSTANDING 1 58175 $370.16 11/10/21 02017 0 STATE LANDS COMMISSION S OUTSTANDING 1 58176 $2650.00 11/10/21 04359 0 TORRES CLEANING SERVICES, INC S OUTSTANDING 1 58177 $841.97 11/10/21 04935 1 TRITECH SOFTWARE SYSTEMS S OUTSTANDING 1 58178 $815.52 11/10/21 01636 0 TURBO DATA SYSTEMS, INC. S OUTSTANDING 1 58179 $5900.00 11/10/21 03457 0 U.S. BANK S OUTSTANDING

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http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=&FileName=D:\GemsE... 11/23/2021

1.a
Packet Pg. 12
Attachment: FY 2021-2022 Disbursements 58039-58194 & 58255-58273 -11-01 to 11-15 (4807 : Disbursements - Dated 11/01/21 through 11/30/21) 1 58180 $770.17 11/10/21 04418 1 U.S. BANK EQUIPMENT FINANCING, INC. S OUTSTANDING 1 58181 $459.23 11/10/21 01647 0 ULINE SHIPPING SUPPLY SPECIALISTS S OUTSTANDING 1 58182 $11.57 11/10/21 01652 0 UNITED PARCEL SERVICE S OUTSTANDING 1 58183 $800.63 11/10/21 04576 1 UNIVAR SOLUTIONS USA INC S OUTSTANDING 1 58184 $2459.60 11/10/21 03835 0 US FOODS, INC S OUTSTANDING 1 58185 $124226.73 11/10/21 05222 0 V S S INTERNATIONAL INC. S OUTSTANDING 1 58186 $2178.48 11/10/21 01684 0 VERIZON WIRELESS S OUTSTANDING 1 58187 $728.54 11/10/21 01673 0 VWR INTERNATIONAL S OUTSTANDING 1 58188 $1660.00 11/10/21 01182 0 WILLDAN FINANCIAL SERVICES S OUTSTANDING 1 58189 $1282.00 11/10/21 01729 0 WITMER-TYSON IMPORTS, INC. S OUTSTANDING 1 58190 $454.40 11/10/21 05397 0 WIZ KID CODING S OUTSTANDING 1 58191 $1281.00 11/10/21 05400 0 WIZARD PLUMBING AND DRAIN, INC. S OUTSTANDING Report: CHECKREG Generated: 18DEC20 12:17 Run: TUESDAY NOV2321 8:16 Page: 5

CITY OF PACIFICA

FUND TOTALS
-----------

FUND FUND NAME ISSUED TOTAL VOIDED/REISSUED TOTAL
------ ------------------------------ --------------- ---------------------- 001 GENERAL FUND 600,388.79 0.00
005 TRUST AND AGENCY FUND 275.34 0.00
007 S.L.E.S. FUND 4,752.15 0.00
009 STREET CONSTRUCTION FUND 124,226.73 0.00
010 GAS TAX MAINTENANCE FUND 810.62 0.00
018 SEWER CHARGE FUND 39,578.32 0.00
019 PLANNED LOCAL DRAINAGE FUND 81,667.70 0.00
022 GENERAL CAPITAL IMPROVEMENT 2,889.47 0.00
026 PARK IN-LIEU - CAP IMPROVMNT 1,660.00 0.00
028 PB&R SPECIAL REVENUE 2,538.60 0.00
034 SEWER FACILITY CONSTRUCT. FUND 159,512.14 0.00
035 BEACH PARKING FUND 1,866.70 0.00
038 DISASTER ACCOUNTING FUND 19,625.20 0.00
040 DEBT SERVICE FUND 5,900.00 0.00
071 MOTOR POOL OPERATIONS FUND 33,512.50 0.00
072 MOTOR POOL REPLACEMENT FUND 9,170.74 0.00
================ ================
TOTAL - 1,088,375.00 0.00
Report: CHECKREG Generated: 18DEC20 12:17 Run: TUESDAY NOV2321 8:16 Page: 7

CITY OF PACIFICA

CHECK REGISTER
CHECK RANGE: 58255 - 58273
CHECK
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME TYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------ 1 58255 $8927.61 11/12/21 03741 0 BENEFIT COORDINATORS CORPORATION S OUTSTANDING 1 58256 $29.50 11/12/21 01757 1 CALIFORNIA ASSN OF PROFESSIONAL FIREFIGHTERS S OUTSTANDING 1 58257 $242.76 11/12/21 00814 1 CALIFORNIA STATE DISBURSEMENT UNIT S OUTSTANDING 1 58258 $178.92 11/12/21 00814 1 CALIFORNIA STATE DISBURSEMENT UNIT S OUTSTANDING 1 58259 $240.00 11/12/21 00814 1 CALIFORNIA STATE DISBURSEMENT UNIT S OUTSTANDING 1 58260 $686.00 11/12/21 01757 0 CLEA S OUTSTANDING
1 58261 $50.00 11/12/21 00814 0 FRANCHISE TAX BOARD S OUTSTANDING 1 58262 $350.00 11/12/21 00814 0 FRANCHISE TAX BOARD S OUTSTANDING 1 58263 $4.00 11/12/21 01764 3 NATIONAL D.R.I.V.E S OUTSTANDING 1 58264 $2325.08 11/12/21 01758 1 PACIFICA FIREFIGHTERS UNION S OUTSTANDING 1 58265 $840.00 11/12/21 01759 0 PACIFICA POLICE OFFICERS ASSOCIATION S OUTSTANDING 1 58266 $210.00 11/12/21 01760 0 PACIFICA POLICE OFFICERS SAVINGS S OUTSTANDING 1 58267 $420.00 11/12/21 01769 0 PACIFICA POLICE SUPERVISORS ASSOCIATION S OUTSTANDING 1 58268 $10950.86 11/12/21 03349 0 PREFERRED BENEFIT INSURANCE ADMINISTRATORS S OUTSTANDING 1 58269 $1278.00 11/12/21 01768 0 TEAMSTERS LOCAL #350 S OUTSTANDING 1 58270 $2773.50 11/12/21 01764 0 TEAMSTERS LOCAL #856 S OUTSTANDING 1 58271 $64381.00 11/12/21 01771 0 TEAMSTERS LOCAL 856 S OUTSTANDING 1 58272 $3162.91 11/12/21 01766 0 VISION SERVICE PLAN-CA S OUTSTANDING 1 58273 $34.64 11/12/21 01766 0 VISION SERVICE PLAN-CA S OUTSTANDING TOTAL # OF ISSUED CHECKS: 19 TOTAL AMOUNT: 97,084.78

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1.a
Packet Pg. 13
Attachment: FY 2021-2022 Disbursements 58039-58194 & 58255-58273 -11-01 to 11-15 (4807 : Disbursements - Dated 11/01/21 through 11/30/21) TOTAL # OF WIRES: 0 TOTAL AMOUNT: 0.00
TOTAL # OF VOIDED/REISSUED/UNCLAIMED CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF ACH CHECKS: 0 TOTAL AMOUNT: 0.00
TOTAL # OF UNISSUED CHECKS: 0
Report: CHECKREG Generated: 18DEC20 12:17 Run: TUESDAY NOV2321 8:16 Page: 8

FUND TOTALS
-----------

FUND FUND NAME ISSUED TOTAL VOIDED/REISSUED TOTAL
------ ------------------------------ --------------- ---------------------- 001 GENERAL FUND 81,406.92 0.00
065 SELF-FUNDED DENTAL PLAN FUND 15,677.86 0.00
================ ================
TOTAL - 97,084.78 0.00

Page 4 of 4 ends

http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=&FileName=D:\GemsE... 11/23/2021 NO FY 2021-2022 CHECKS ISSUED ON 11/01/21 - 11/02/21.

TOTAL AMOUNT OF CHECKS= $1,088,459.78 + $97,084.78= $1,185,459.78

1.a
Packet Pg. 14
Attachment: FY 2021-2022 Disbursements 58039-58194 & 58255-58273 -11-01 to 11-15 (4807 : Disbursements - Dated 11/01/21 through 11/30/21) Report: CHECKREG Generated: 18DEC20 12:17 Run: WEDNESDAY DEC0121 17:35 Page: 1

CITY OF PACIFICA

CHECK REGISTER
CHECK RANGE: 58195 - 58254
CHECK
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME TYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------ 1 58195 $5103.13 11/17/21 00009 8 AT&T S OUTSTANDING
1 58196 $5250.00 11/17/21 00341 0 A.R.T. CARPET & VINYL S OUTSTANDING 1 58197 $1000.00 11/17/21 05401 0 AARON BLAISDELL S OUTSTANDING 1 58198 $205.28 11/17/21 00094 0 ADAM-HILL COMPANY, THE S OUTSTANDING 1 58199 $165.13 11/17/21 00002 56 AGUILAR, MARIA (PETTY CASH) S OUTSTANDING 1 58200 $5375.00 11/17/21 04250 0 ALTA PLANNING + DESIGN S OUTSTANDING 1 58201 $299.89 11/17/21 04980 1 AMAZON.COM SALES, INC. S OUTSTANDING 1 58202 $399.26 11/17/21 00009 0 AT&T S OUTSTANDING
1 58203 $88.34 11/17/21 03639 0 AT&T S OUTSTANDING
1 58204 $1835.97 11/17/21 00335 0 BLUE RIBBON SUPPLY COMPANY S OUTSTANDING 1 58205 $500.00 11/17/21 04410 0 CALIFORNIA MUNICIPAL STATISTICS, INC. S OUTSTANDING 1 58206 $120.00 11/17/21 03814 1 CAPPSTONE, INC. S OUTSTANDING 1 58207 $9818.23 11/17/21 00507 0 CHILDCARE CAREERS S OUTSTANDING 1 58208 $687.06 11/17/21 00510 1 CINTAS S OUTSTANDING
1 58209 $1548.34 11/17/21 00510 0 CINTAS CORPORATION #464 S OUTSTANDING 1 58210 $169.02 11/17/21 02168 2 COMCAST S OUTSTANDING
1 58211 $840.00 11/17/21 03344 0 COPWARE, INC S OUTSTANDING 1 58212 $1500.00 11/17/21 05341 0 CREATIVE DIGITAL AGENCY INC. S OUTSTANDING 1 58213 $2542.50 11/17/21 00611 1 CSG CONSULTANTS, INC. S OUTSTANDING 1 58214 $2400.00 11/17/21 05141 1 DAVEY RESOURCE GROUP, INC. S OUTSTANDING 1 58215 $249.03 11/17/21 02201 0 DISCOUNT PLUMBING, INC. S OUTSTANDING 1 58216 $6000.00 11/17/21 02201 0 DISCOUNT PLUMBING, INC. S OUTSTANDING 1 58217 $3306.38 11/17/21 00676 0 DISCOUNT SCHOOL SUPPLY S OUTSTANDING 1 58218 $1200.00 11/17/21 04321 0 DUBOCE JANITORIAL SERVICES S OUTSTANDING 1 58219 $16.00 11/17/21 03047 0 FASTRAK VIOLATION PROCESSING DEPARTMENT S OUTSTANDING 1 58220 $3861.50 11/17/21 02767 0 FLYERS ENERGY, LLC S OUTSTANDING 1 58221 $39293.68 11/17/21 00352 0 G. BORTOLOTTO & COMPANY, INC. S OUTSTANDING 1 58222 $1576.75 11/17/21 04369 0 GHD INC. S OUTSTANDING 1 58223 $7293.20 11/17/21 00870 0 GOVCONNECTION, INC. S OUTSTANDING 1 58224 $370.51 11/17/21 00872 0 GRAINGER S OUTSTANDING 1 58225 $11000.00 11/17/21 00028 5 HARRIS COMPUTER SYSTEMS S OUTSTANDING 1 58226 $3251.45 11/17/21 03203 0 HYGRADE BUSINESS GROUP, INC. S OUTSTANDING 1 58227 $772.13 11/17/21 04999 2 IMAGE SOURCE S OUTSTANDING 1 58228 $135.20 11/17/21 01014 0 JOHN THE SIGN GUY LLC S OUTSTANDING 1 58229 $1013.16 11/17/21 05404 0 KARLA GINZINGER S OUTSTANDING 1 58230 $299.25 11/17/21 03529 0 LAWSON PRODUCTS, INC. S OUTSTANDING 1 58231 $352.50 11/17/21 02154 0 MUNICIPAL CODE CORPORATION S OUTSTANDING 1 58232 $1485.00 11/17/21 01378 1 MUSCIO ELECTRIC S OUTSTANDING 1 58233 $3564.75 11/17/21 04549 0 NAF SERVICES, INC. S OUTSTANDING 1 58234 $1461.85 11/17/21 05018 0 NICK BARBIERI TRUCKING, LLC S OUTSTANDING 1 58235 $163.02 11/17/21 01217 0 OFFICE DEPOT S OUTSTANDING 1 58236 $1888.97 11/17/21 02027 0 OLIVER PACKAGING AND EQUIPMENT COMPANY S OUTSTANDING 1 58237 $31.92 11/17/21 04418 0 PACIFIC OFFICE AUTOMATION S OUTSTANDING 1 58238 $126.22 11/17/21 00054 1 PAPE MATERIAL HANDLING EXCHANGE S OUTSTANDING 1 58239 $1000.00 11/17/21 05402 0 PATRICK KING S OUTSTANDING 1 58240 $3100.00 11/17/21 02981 0 PRECISION TREE CARE S OUTSTANDING 1 58241 $131.04 11/17/21 01317 0 PREFERRED ALLIANCE, INC. S OUTSTANDING 1 58242 $218.37 11/17/21 01336 0 QUILL CORPORATION S OUTSTANDING 1 58243 $70.60 11/17/21 01337 0 R & H WHOLESALE SUPPLY, INC. S OUTSTANDING 1 58244 $43.00 11/17/21 05403 0 RETHMEIER, MATTHEW L. S OUTSTANDING 1 58245 $1942.50 11/17/21 03306 1 ROBERT HALF MANAGEMENT RESOURCES S OUTSTANDING Report: CHECKREG Generated: 18DEC20 12:17 Run: WEDNESDAY DEC0121 17:35 Page: 3

CITY OF PACIFICA

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1.b
Packet Pg. 15
Attachment: FY 2021-2022 Disbursements 58195-58254 & 58274-58358 -11-16 to 11-30 (4807 : Disbursements - Dated 11/01/21 through 11/30/21) 1 58251 $2208.95 11/17/21 03785 1 THATCHER COMPANY INC S OUTSTANDING 1 58252 $730.63 11/17/21 01812 3 US BANK EQUIPMENT FINANCE S OUTSTANDING 1 58253 $2827.55 11/17/21 03835 0 US FOODS, INC S OUTSTANDING 1 58254 $103.28 11/17/21 01707 0 WEST COAST CONTRACTORS SERVICES S OUTSTANDING TOTAL # OF ISSUED CHECKS: 60 TOTAL AMOUNT: 150,456.21
TOTAL # OF WIRES: 0 TOTAL AMOUNT: 0.00
TOTAL # OF VOIDED/REISSUED/UNCLAIMED CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF ACH CHECKS: 0 TOTAL AMOUNT: 0.00
TOTAL # OF UNISSUED CHECKS: 0
Report: CHECKREG Generated: 18DEC20 12:17 Run: WEDNESDAY DEC0121 17:35 Page: 4

FUND TOTALS
-----------

FUND FUND NAME ISSUED TOTAL VOIDED/REISSUED TOTAL
------ ------------------------------ --------------- ---------------------- 001 GENERAL FUND 84,029.02 0.00
009 STREET CONSTRUCTION FUND 39,293.68 0.00
010 GAS TAX MAINTENANCE FUND 134.03 0.00
018 SEWER CHARGE FUND 8,782.65 0.00
022 GENERAL CAPITAL IMPROVEMENT 4,760.00 0.00
034 SEWER FACILITY CONSTRUCT. FUND 2,000.00 0.00
035 BEACH PARKING FUND 3,251.45 0.00
038 DISASTER ACCOUNTING FUND 1,576.75 0.00
071 MOTOR POOL OPERATIONS FUND 6,628.63 0.00
================ ================
TOTAL - 150,456.21 0.00
Report: CHECKREG Generated: 18DEC20 12:17 Run: WEDNESDAY DEC0121 17:35 Page: 5

CITY OF PACIFICA

CHECK REGISTER
CHECK RANGE: 58274 - 58358
CHECK
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME TYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------ 1 58274 $1965.88 11/24/21 00009 8 AT&T S OUTSTANDING
1 58275 $750.00 11/24/21 03874 0 4LEAF INC S OUTSTANDING 1 58276 $3044.02 11/24/21 00094 0 ADAM-HILL COMPANY, THE S OUTSTANDING 1 58277 $32.00 11/24/21 05408 0 ALEX ROTH S OUTSTANDING 1 58278 $159.24 11/24/21 04980 1 AMAZON.COM SALES, INC. S OUTSTANDING 1 58279 $228.65 11/24/21 03895 0 AMERICAN FIDELITY ADMINISTRATIVE SERVICES LLC S OUTSTANDING 1 58280 $203.10 11/24/21 00009 0 AT&T S OUTSTANDING
1 58281 $1311.86 11/24/21 00009 2 AT&T MOBILITY S OUTSTANDING 1 58282 $2448.12 11/24/21 00293 0 BEARING AGENCIES INC S OUTSTANDING 1 58283 $384.00 11/24/21 00011 0 C.W.E.A. S OUTSTANDING 1 58284 $396.00 11/24/21 01690 0 CALTEST ANALYTICAL LAB S OUTSTANDING 1 58285 $1659.84 11/24/21 00510 0 CINTAS CORPORATION #464 S OUTSTANDING 1 58286 $10070.00 11/24/21 05058 0 CLIENTFIRST CONSULTING GROUP, LLC S OUTSTANDING 1 58287 $972.50 11/24/21 05082 0 COASTSIDE NEWS GROUP, INC. S OUTSTANDING 1 58288 $1250.00 11/24/21 00019 2 COLMA POLICE DEPARTMENT S OUTSTANDING 1 58289 $293.44 11/24/21 02168 1 COMCAST S OUTSTANDING
1 58290 $62.25 11/24/21 04677 0 CORODATA RECORDS MANAGEMENT INC S OUTSTANDING 1 58291 $1214.00 11/24/21 00595 0 COTTON, SHIRES & ASSOCIATES, INC. S OUTSTANDING 1 58292 $2390.00 11/24/21 00611 1 CSG CONSULTANTS, INC. S OUTSTANDING 1 58293 $1000.00 11/24/21 00645 1 DAVEY TREE EXPERT COMPANY S OUTSTANDING 1 58294 $1466.46 11/24/21 03374 0 DEVIL MOUNTAIN WHOLESALE NURSERY S OUTSTANDING 1 58295 $9.98 11/24/21 02614 0 DISH S OUTSTANDING
1 58296 $28162.75 11/24/21 02130 1 DRYCO CONSTRUCTION, INC. S OUTSTANDING 1 58297 $1400.00 11/24/21 04274 0 EMCOR SERVICES S OUTSTANDING 1 58298 $1320.00 11/24/21 03930 0 FREYER & LAURETA, INC. S OUTSTANDING 1 58299 $178.81 11/24/21 00001 216 GARCIA, PIUS S OUTSTANDING 1 58300 $1000.00 11/24/21 05409 0 GILLIAN CADGENE S OUTSTANDING 1 58301 $447.53 11/24/21 05395 0 GRANT KUIKEN S OUTSTANDING 1 58302 $4393.94 11/24/21 04083 1 INTERNATIONAL DIOXCIDE, INC. S OUTSTANDING 1 58303 $1557.50 11/24/21 00990 0 INTERSTATE TRAFFIC CONTROL PRODUCTS S OUTSTANDING 1 58304 $59838.00 11/24/21 01005 0 JEFFERSON UNION HIGH SCH DIST S OUTSTANDING 1 58305 $1000.00 11/24/21 05410 0 JOHN HOLTZ S OUTSTANDING 1 58306 $89.26 11/24/21 01027 0 K 119 OF CALIFORNIA S OUTSTANDING 1 58307 $50.79 11/24/21 01812 4 KBA DOCUSYS S OUTSTANDING 1 58308 $650.00 11/24/21 04216 0 KIRBY POLYGRAPH AND INVESTIGATIVE SVCS LLC S OUTSTANDING 1 58309 $35958.00 11/24/21 03790 0 MAZE & ASSOCIATES S OUTSTANDING 1 58310 $742.78 11/24/21 01142 0 MC MASTER-CARR SUPPLY COMPANY S OUTSTANDING 1 58311 $31312.45 11/24/21 03955 0 MOFFATT & NICHOL S OUTSTANDING 1 58312 $71.00 11/24/21 01177 0 MOSS RUBBER & EQUIPMENT S OUTSTANDING 1 58313 $201.50 11/24/21 05369 0 MUCHMORE THAN CONSULTING, LLC S OUTSTANDING 1 58314 $206.78 11/24/21 01183 0 MUNICIPAL MAINTENANCE EQUIPMENT, INC. S OUTSTANDING 1 58315 $577.15 11/24/21 04549 0 NAF SERVICES, INC. S OUTSTANDING 1 58316 $146.00 11/24/21 03801 0 NAPIER, NORA S OUTSTANDING 1 58317 $720.97 11/24/21 03319 1 NEWEGG BUSINESS, INC. S OUTSTANDING 1 58318 $1023.75 11/24/21 04632 0 NICHOLS CONSULTING ENGINEERS, CHTD S OUTSTANDING 1 58319 $6545.79 11/24/21 01206 0 NORTH COAST COUNTY WATER DIST. S OUTSTANDING 1 58320 $327.69 11/24/21 03981 0 NORTHERN SAFETY CO. INC S OUTSTANDING 1 58321 $40.00 11/24/21 01214 0 OCEANA SMOG TEST ONLY CENTER S OUTSTANDING 1 58322 $119.88 11/24/21 01217 0 OFFICE DEPOT S OUTSTANDING

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Attachment: FY 2021-2022 Disbursements 58195-58254 & 58274-58358 -11-16 to 11-30 (4807 : Disbursements - Dated 11/01/21 through 11/30/21) 1 58323 $177640.88 11/24/21 01240 0 PACIFIC GAS & ELECTRIC CO. S OUTSTANDING 1 58324 $364.39 11/24/21 01243 0 PACIFIC MANOR HARDWARE, INC. S OUTSTANDING Report: CHECKREG Generated: 18DEC20 12:17 Run: WEDNESDAY DEC0121 17:35 Page: 6

CITY OF PACIFICA

CHECK REGISTER
CHECK RANGE: 58274 - 58358
CHECK
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME TYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------ 1 58325 $1575.41 11/24/21 01297 0 PARS S OUTSTANDING
1 58326 $22230.95 11/24/21 04651 0 PLAZO CONSTRUCTION S OUTSTANDING 1 58327 $200.00 11/24/21 03863 0 POLICE EXECUTIVE RESEARCH FORUM S OUTSTANDING 1 58328 $237.04 11/24/21 01317 0 PREFERRED ALLIANCE, INC. S OUTSTANDING 1 58329 $2601.33 11/24/21 01374 0 R & B COMPANY S OUTSTANDING 1 58330 $1137.16 11/24/21 05185 0 REVEL ENVIRONMENTAL MANUFACTURING INC. S OUTSTANDING 1 58331 $1192.50 11/24/21 03306 1 ROBERT HALF MANAGEMENT RESOURCES S OUTSTANDING 1 58332 $268124.00 11/24/21 00022 26 SAN MATEO COUNTY HEALTH SYSTEM S OUTSTANDING 1 58333 $164.51 11/24/21 00022 9 SAN MATEO COUNTY INFORMATION SERVICES S OUTSTANDING 1 58334 $10000.00 11/24/21 05411 0 SYMBIUM CORP. S OUTSTANDING 1 58335 $21748.49 11/24/21 01570 0 SYNAGRO WEST, LLC S OUTSTANDING 1 58336 $1597.20 11/24/21 01592 1 TERMINIX PROCESSING CENTER S OUTSTANDING 1 58337 $8793.25 11/24/21 04670 0 U.S. TELEPACIFIC CORP. S OUTSTANDING 1 58338 $2198.57 11/24/21 01647 0 ULINE SHIPPING SUPPLY SPECIALISTS S OUTSTANDING 1 58339 $3188.19 11/24/21 03835 0 US FOODS, INC S OUTSTANDING 1 58340 $237.11 11/24/21 02899 1 UTILITY TELECOM GROUP, LLC S OUTSTANDING 1 58341 $975.37 11/24/21 01684 0 VERIZON WIRELESS S OUTSTANDING 1 58342 $85.50 11/24/21 05163 1 WEX HEALTH, INC. S OUTSTANDING 1 58343 $4935.00 11/24/21 01182 0 WILLDAN FINANCIAL SERVICES S OUTSTANDING 1 58344 $6472.51 11/24/21 04832 1 WOODARD & CURRAN, INC. S OUTSTANDING 1 58345 $3543.91 11/24/21 02495 0 YSI INCORPORATED S OUTSTANDING 1 58346 $242.76 11/26/21 00814 1 CALIFORNIA STATE DISBURSEMENT UNIT S OUTSTANDING 1 58347 $133.56 11/26/21 00814 1 CALIFORNIA STATE DISBURSEMENT UNIT S OUTSTANDING 1 58348 $240.00 11/26/21 00814 1 CALIFORNIA STATE DISBURSEMENT UNIT S OUTSTANDING 1 58349 $50.00 11/26/21 00814 0 FRANCHISE TAX BOARD S OUTSTANDING 1 58350 $350.00 11/26/21 00814 0 FRANCHISE TAX BOARD S OUTSTANDING 1 58351 $4.00 11/26/21 01764 3 NATIONAL D.R.I.V.E S OUTSTANDING 1 58352 $246.00 11/26/21 01767 0 NPFBA S OUTSTANDING
1 58353 $2325.08 11/26/21 01758 1 PACIFICA FIREFIGHTERS UNION S OUTSTANDING 1 58354 $439.00 11/26/21 01758 0 PACIFICA FIREFIGHTERS-LTD S OUTSTANDING 1 58355 $840.00 11/26/21 01759 0 PACIFICA POLICE OFFICERS ASSOCIATION S OUTSTANDING 1 58356 $210.00 11/26/21 01760 0 PACIFICA POLICE OFFICERS SAVINGS S OUTSTANDING 1 58357 $420.00 11/26/21 01769 0 PACIFICA POLICE SUPERVISORS ASSOCIATION S OUTSTANDING 1 58358 $2521.50 11/26/21 01764 0 TEAMSTERS LOCAL #856 S OUTSTANDING TOTAL # OF ISSUED CHECKS: 85 TOTAL AMOUNT: 756,658.83
TOTAL # OF WIRES: 0 TOTAL AMOUNT: 0.00
TOTAL # OF VOIDED/REISSUED/UNCLAIMED CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF ACH CHECKS: 0 TOTAL AMOUNT: 0.00
TOTAL # OF UNISSUED CHECKS: 0
Report: CHECKREG Generated: 18DEC20 12:17 Run: WEDNESDAY DEC0121 17:35 Page: 7

FUND TOTALS
-----------

FUND FUND NAME ISSUED TOTAL VOIDED/REISSUED TOTAL
------ ------------------------------ --------------- ---------------------- 001 GENERAL FUND 463,572.87 0.00
010 GAS TAX MAINTENANCE FUND 10,922.11 0.00
012 HIGHWAY 1 IMPROVEMENT FUND 76.02 0.00
016 NPDES STORMWATER FUND 1,137.16 0.00
018 SEWER CHARGE FUND 202,849.82 0.00
022 GENERAL CAPITAL IMPROVEMENT 29,832.67 0.00
026 PARK IN-LIEU - CAP IMPROVMNT 4,935.00 0.00
034 SEWER FACILITY CONSTRUCT. FUND 10,542.51 0.00
038 DISASTER ACCOUNTING FUND 32,526.45 0.00
071 MOTOR POOL OPERATIONS FUND 264.22 0.00
================ ================
TOTAL - 756,658.83 0.00

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TOTAL AMOUNT OF CHECKS= $150,456.21 + $756,658.83= $907,115.04

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Attachment: FY 2021-2022 Disbursements 58195-58254 & 58274-58358 -11-16 to 11-30 (4807 : Disbursements - Dated 11/01/21 through 11/30/21)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/10/2022
1 SUBJECT:

Approval of Minutes
RECOMMENDED ACTION:

Move to approve the minutes of the special and regular Joint City Council and Economic Development Committee Meeting held on December 13, 2021.

STAFF CONTACT:

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

Move to approve the minutes of the special and regular Joint City Council and Economic Development Committee Meeting held on December 13, 2021(Attachment A).

FISCAL IMPACT:

None.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Minutes of December 13, 2021 Meeting (PDF) 2 Packet Pg. 18

CITY OF PACIFICA

CITY COUNCIL MINUTES
Zoom Meeting: https://zoom.us/j/99091160676
Dial-in: 1-669-900-6833 | WebinarID: 990 9116 0676
Alt 1: https://www.cityofpacifica.org/LiveStream
Alt 2: Cable Channel 26
Mayor Sue Beckmeyer
Mayor Pro Tem Mary Bier
Councilmember Mike O'Neill
Councilmember Sue Vaterlaus
Councilmember Tygarjas Bigstyck
City Council Regular Meeting 1 December 13, 2021
SPECIAL and REGULAR MEETING

JOINT CITY COUNCIL AND ECONOMIC DEVELOPMENT COMMITTEE MEETING December 13, 2021 (MONDAY)
www.cityofpacifica.org
Mayor Sue Beckmeyer called the meeting to order on December 13, 2021 at 5:00 PM 5:00 PM OPEN CITY COUNCIL STUDY SESSION
Mayor Beckmeyer called the open Study Session meeting to order at 5:00 p.m., and asked confirmation of the process for this study session, as well as the joint study session.

City Clerk Coffey confirmed the process and stated that, when they had a quorum from the Economic Development Committee, they would begin that study session.

Mayor Beckmeyer asked if that was a time certain or do they roll from one to the other.

City Clerk Coffey stated that it would immediately follow the first study session with an approximate starting time of 6:00 p.m.

A. Study Session on the Vision 2025 & Beyond Strategic Financial Sustainability Study PROPOSED ACTION: Receive an update on the Vision 2025 & Beyond Strategic Financial Sustainability Study
Mayor then announced that the City Manager Woodhouse and Chief Financial Sustainability Officer Yulia Carter would present the staff report with a presentation by consultant Brian Moura of RGS.

City Manager Woodhouse began the staff report, then turned it over to Mr. Moura.

Brian Moura, RGS consultant, completed the staff report.

Mayor Beckmeyer stated that Councilmember O’Neill had a prior engagement during this time, but would be joining them shortly. She asked Councilmembers if they had questions for Mr.

Moura or staff or comments to share.

Mayor pro Tem Bier wondered what kind of grants other cities were getting that have the comprehensive economic development strategy.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 2 December 13, 2021
Mr. Moura stated that, typically, the cities that had those strategies tend to be bigger cities or you have a group of cities or all the cities in a county and the county takes the lead which is why they were posing it as a question. He stated that Pacifica was approaching 40,000 people and they are on the bubble regarding whether they are large enough to pursue this. He thought that, while in the process of having this review and critique current economic development strategy, it was worth asking the questions of experts in this field regarding the process, what it will cost and the likelihood that Pacifica will get these type of grants on their own or more likely only get such grants as part of a countywide group.

Mayor Beckmeyer referred to his mention of groups of cities, and stated that, being on the coast, the economic opportunities or barriers we have are slightly different from what cities over the hill tend to have. He asked if there is any benefit to dealing with the coastal demographic in mind or county data that they should be focusing on.

Mr. Moura thought they will see that the firm that is selected is going to look at a number of things, i.e., looking at the demographics of Pacifica and current business mix and neighboring cities, primarily to see what types of businesses are nearby. He stated that often, a business that is looking to come in to an area or expand look at a certain mile radius of competitors and stores that the city has and stores in adjacent cities. He stated that it will be important when they have discussions with the community as they may say they want a certain type of business and, if the consultant finds that specific business is close enough to Pacifica and may not be viable and it might not work. If there is an opportunity for a business type, then they might take a closer look at what firms in that business sector are looking to expand in the Bay Area and which aren’t in the area presently and might be a candidate for Pacifica. He stated that his experience with these studies is that they will give a list of opportunities that the business community and the city can explore, similar to the ones they will mention later in the marketing study session. He stated that some of the opportunities available to the city and businesses are things they might find appealing and some are opportunities they are lukewarm on or don’t think it is a good fit for our community.

He stated that it okay and when the final report comes back in the middle of next year, they will have to think about it in that context.

Mayor Beckmeyer stated that she had a question, mentioning one thing they have been hearing about in various city committees is the outdoor adventure opportunity in Pacifica which is a Bay Area playground with hiking, the beach, etc., and if that was the type when he mentioned the demographics and business mix, she asked if that was the kind of information the consultants would be reviewing as well.

Mr. Moura thought, to a certain extent, the study will look at things like that, i.e., what does Pacifica have that are unique and appeal to businesses and it might inform them in terms of what businesses would be likely to want to come to Pacifica and find it appealing. He added that there is an overlap in terms of the marking study they will hear about later and that is a subject of that study in terms of how they market Pacifica. He stated that it will be touched upon in the opportunity study but, that may be more touched upon in the marketing study in terms of how the community is presented in the future and how businesses are helped. He stated that he will let Ms. Carter and Mr. Almeida cover that in more depth.

Mayor Beckmeyer welcomed Councilmember O’Neill.

Mayor Beckmeyer stated that she didn’t see public comments on the agenda on any of these items in the study session as it was a Council study session.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 3 December 13, 2021
City Attorney Kenyon stated that they do have to have public comment at any point that the mayor would like, but there does not need to be one point where the mayor asks for public comment.

Mayor Beckmeyer thought that would be for both study sessions.

City Attorney Kenyon stated that it was a different agenda item and would have its own public comment period.

Mayor Beckmeyer thanked her for that clarification, and she thought they should hear from the public. Mayor Beckmeyer opened public comments.

Mgmt. Analyst Montemayor stated he was not seeing any hands raised for public comment.

Mayor Beckmeyer then referred to Mr. Moura mentioning that the study would look at the demographics of Pacifica and she assumed it would include population, age demographics, city income, etc.

Mr. Moura agreed, adding that what will happen is that some of that information is in their annual financial reports that Ms. Carter and her team put together and would probably be a starting point.

He stated that one thing these firms typically look at is the income levels, population, age breakouts, etc., and it sometimes influences the type of firms that come into the community and the way the community is marketed. He stated that, on looking at Pacifica’s demographics, it is typical in the Bay Area in terms of median age, but he has worked with cities that are getting rapidly younger and others that are aging which has an impact on the businesses interested in coming to the city.

Councilmember O’Neill asked, when he makes his presentation, if he will be putting together a marketing brochure or covered in the next section. He stated that the last time he looked, we were about the 4th or 5th highest household income in San Mateo County.

Mr. Moura stated that, in terms of what the city is going to issue in the request for proposal, they will take the draft statement of work that they presented to them in this report and any additions or enhancements Council would like to see would be issued to the firms that work in this space and they will present their proposal to the city and how they would analyze this work, etc. and the task for city staff will be to figure out the different terms they want to do the work for Pacifica and which one do they believe is the one that can do the best job at analyzing the business opportunities and economics. He stated that, in terms of marketing, that will be the second study session by Ms. Carter and Mr. Almeida who will talk about their marketing study and strategies.

Councilmember O’Neill thought we were a lot different from a lot of cities in the Bay Area, and they have surrounding cities and have access from the East Bay and Pacifica and the coast only have access from one road, Highway 1, and years ago, when the slide was closed because of mudslides and rock slides, sales at Linda Mar Center were down 30-35% and he thought that could be an argument that people in Montara, El Granada, Moss Beach are actually shopping in Pacifica, but aren’t on the sign that says population 40,000 but they are part of Pacifica as it is the only way driving home and they pass Linda Mar and shop there. He stated that retailers, when they look at a site, they go two miles around the point. He stated that Pacifica hurts because half of their two miles would be ocean with no population, but he thought they could add 10.000 to 12,000 to our population and that would have a fairly high household income down there. He asked if that was included in their study of the coastside or a justification to include to include those south of the slide as part of Pacifica’s demographic of shopping and potential customers.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 4 December 13, 2021
Mr. Moura thought that was an interesting point and they could add that to the statement of work saying that Pacifica has a unique opportunity there because of the geographics of the community.

Mayor Beckmeyer agreed, and was what she was getting to in her early question about the coastal approach. She thought they needed to factor in things that may not seem business oriented per se but can generate sales in a related way regarding outdoor activities. She stated that they will hear about that in the marketing study session but it was an important to keep in mind as how that plays into any economic development study even though, except for parking, the beach isn’t a revenue generator but how does it combine with other economic opportunities.

Mr. Moura thought that was an interesting item to add to the mix.

Councilmember O’Neill stated that, when he went to the League of Cities conference, there was a firm there that does something similar to what he is seeing and they had the ability and CCAG has an opportunity for the city to buy into the program by monitoring cell phones and see where people who come to Pacifica are coming from, such as Daly City, South City, etc. He thought that would be an interesting for them to do for their BID group (hotel business improvement) to consider marketing. He stated that, if they have a lot of people who come from Lodi, they can run an ad in their newspaper, and he asked if his firm will reply or consider their RFP, do they have the ability to track cell phone usage.

Mr. Moura stated that the data he was describing was commonly used by several of these firms, mentioning several specific companies, adding that, when Mr. Almeida does his presentation, he has access to some of this kind of data and there are firms that sell subscriptions that cities can subscribe to if the city finds that of interest. He stated that there were services to provide information on commercial vacancies and business vacancies that some cities subscribe to as part of their economic development programs. He thought, when the economic opportunity study is done, the firm the city hires will probably use some of the LoopNet data when completed to show the city what commercial availability of Pacifica looks like and, going forward, Pacifica could subscribe to LoopNet, etc.

Councilmember O’Neill thought one reason it would be interesting was that it would show them the data in our conversations with GGNRA and their parking at Fairway Park, how many people go to locations, etc., and he asked if they can get that marketing data.

Mr. Moura stated that, in some cases, you can, but they can certainly explore with the firms and when they hear Mr. Almeida’s presentation, they will see that he has already done some of that analysis in terms of using search statistics to see what parts of California are checking out Pacifica. He stated that, when reading his report, he found some results interesting, regarding people outside the area thinking of coming to visit Pacifica and this data can be very handy.

Mayor pro Tem Bier referred to the public engagement fees, and she thought it was an important topic for Pacifica and they needed to go above and beyond when doing public engagement and be as robust as possible which she thought was important in building trust in the community.

City Manager Woodhouse added that regarding the Beach Boulevard Infrastructure Resiliency project, it was mentioned that Council may want to appoint an ad hoc subcommittee to help work with staff on the design of the public engagement along with the consultant selected. He stated that, when they come back with the recommended firm in the March timeframe, part of that can be considered appointing that subcommittee to help with that. He thought there was a silver lining

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 5 December 13, 2021
as Covid has slowed the project, but this is the type of vision and goals affirmation where discussions would be beneficial and that kind of engagement, like the Home For All meetings, as well as the Sharp Park Specific Plan and General Plan meetings. He stated that they will integrate that with all the other components.

Mayor pro Tem Bier thought they can also have a hybrid approach.

City Manager Woodhouse agreed that, hopefully by March or June, they will be out of this.

Councilmember Vaterlaus agreed with Mayor pro Tem Bier. She stated that the public is very engaged in their community which is a huge factor. She asked how they judge on a cell phone where a person is from. She stated that her cell phone is from South San Francisco and she knows a lot of people who might be from Colorado and never changed their phone number and she asked how they determine that.

Councilmember O’Neill stated that he did not know.

Councilmember Vaterlaus stated she was curious and had a lot of thoughts about that.

Councilmember O’Neill stated that CCAG has what he thinks is Streetlight, and Foster City used that to determine some of their traffic issues. He thought, when they are talking to GGNRA, and they can say that 10-15% of the people came from Marin County, etc. if the BID knows that everyone from Stockton comes to Pacifica, that would be a more efficient use of advertising dollars for hotel rooms if they are advertising in Stockton as everyone is coming from Stockton.

Councilmember Vaterlaus stated that he just sparked her curiosity.

Mr. Moura stated that, to Councilmember O’Neill’s point, the Streetline people started in the world of smart parking where they put little rubber sensors in each parking space and they can determine how long people park in a certain area and, because they have the cell phone number, they can figure out where they are from. He stated that is powerful, but in some cases not as much for economic development but community development where you can actually determine different sites or blocks where the peak traffic is or where you might believe it to be. He stated that, even though cities originally use Streetline, what it does if you are a consumer and you have the Streetline app, you can see where available parking spaces are and on the city side, by providing the data for city planners, they can see different trends and where parking is available and that might influence wayfinding and signage and other things to facilitate business commerce.

Mayor Beckmeyer stated that her last question has to do with combining or consolidating the 23 different economic locations into 5, and when she looked at the map in the packet, it seems that they are geographically consolidated but not equal in size and she didn’t know how that bears on the use of the data or information or how it would be structured. She thought cutting down from 23 to 5 makes sense. She referred to the statement about guidelines that one business cannot generate more than 80% of the revenue and it sounds like some scientific method is how you decide to consolidate them. She asked him to speak to that.

Mr. Moura stated that the rules about at least four businesses and no business with 80% or more is part of state law to keep sales tax data confidential. The state lets cities and others publicly report the data if those conditions are met, i.e., talking about a certain category such as home improvement, etc., you have more than the four businesses or none of them or 80% or more of the total and you can report an aggregate but you can’t tell the public how much each restaurant

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 6 December 13, 2021
brings in, but you can tell as a group, i.e., Pacifica has 30 restaurants and, as a group, they bring a certain amount of dollars in a quarter, and they could do that for these geographic areas. He stated that she was right that they did construct them in such a way that all five of the areas met the test. He stated that it was interesting that she talked about areas 4 and 5 as that was one of the discussions they had as initially they had Pedro Point included in Linda Mar but, on looking closer, they realized that there were enough businesses on Pedro Point that it could be broken out separately. He thought the discussion internally with staff that, since they can break it out, they suggested that they break it out as it has its own unique characteristics but on some of the other areas, there weren’t enough business to further divide them. They were looking at coming up with a nice blend of having fewer zones but having enough businesses in each one and they could report the data. He stated that part of the goal was that what they want to do as they revitalize the economic development program as part of their vision 2025 and beyond program that Council adopted, is they want to set up an initial report on the business revenues, presumably in early 2022 with all the HDL reports and once a year they can have an economic development update from their Fiscal Sustainability Officer and have symmetrics to see how we are doing. He thought it was a nice way to create a baseline this year. He thought, on looking at the geo zones, it was over time that the city kept adding to them, stating that there was initially 15 and then were some more and they got to 23. He stated that they sat down to look at it and he thought 23 was a little high, and he thought this will be a better tool for the city going forward in terms of setting that baseline and checking in yearly to see how the economic development work is doing.

Councilmember O’Neill asked the City Manager if, now that they have the five geo zones, are they going to be able to have records so the groups doing merchant nights at the art walk in Palmetto, they could build their data base to support them by sending emails to businesses to get participating businesses as well as send to residents to inform them that this is happening in their neighborhood as he didn’t think they were.

City Manager Woodhouse stated that he will take an initial stab at that, and Ms. Carter can clarify that, but he would say that they can now that they have five zones identified with the business license database they could organize it to have one sorting capability based on the GO zones to shoot messages out. He stated that one goal of the business license data base is to get as many businesses electronically on board with email to have an efficient means to communicate. He thought there would definitely be a variety way they can leverage the new organizations.

Mayor Beckmeyer thought, noting not seeing any other questions, they could possibly turn to the marketing study.

City Manager Woodhouse stated that he wanted to recap that, in terms of next steps, they got good input and they have the statement of work and translate into the RFP to seek proposals from consulting firms in early 2022 and come back by March with a recommended firm for people for Council and the Council can consider appointing a two person ad hoc committee related to public engagement at that time. He stated that in late January or early February 2022, they will be scheduling another study session to specifically talk about the ten-year financial forecast with the financial data that underpins this study along with more analysis and data about the variety of revenue enhancement measures that can be considered to get further input regarding that component.

Mayor Beckmeyer asked if he feels, with the ten-points in the package about the statement of work, there is a place to incorporate the geographic considerations they discussed around coastal vs not.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 7 December 13, 2021
Mr. Moura stated that he thought they could add that and they will take the Council comments and add them to the statement.

RESULT: NO VOTE REQUIRED
B-1: City Council Study Session to hear a presentation and discuss the Pacifica Business Marketing Study, Gap Assessment, and Opportunities Report.

PROPOSED ACTION: Receive and discuss the City of Pacifica Audience / Business Research, Gap Assessment and Opportunities Report prepared by Creative Digital Agency (CDA) and provide direction on next steps for developing a two-year marketing implementation plan.

Mayor Beckmeyer asked if all were present.

City Attorney Kenyon stated that they will need an official count from the City Clerk before proceeding with the next Study Session item.

City Clerk Coffey stated that they have the Economic Development Committee members present, i.e, Greta Sieglock, Daisy Fong, Beth Lemke, Debi Hirshlag, Robert Foster and Archie Judan.

City Attorney Kenyon stated that was a quorum.

City Clerk Coffey confirmed that a total of six was a quorum.

Mayor Beckmeyer then proceeded to the Joint City Council and Economic Development Committee Study Session to consider this item as Agenda Item #B-2.

ADJOURN CITY COUNCIL STUDY SESSION
Mayor pro Tem Bier asked if they could take a short break before they start the next study session.

Mayor Beckmeyer agreed and called a five-minute break, then reconvened the meeting.

OPEN JOINT CITY COUNCIL AND ECONOMIC DEVELOPMENT COMMITTEE STUDY

SESSION
Mayor Beckmeyer called the Joint City Council and Economic Development Committee Study Session to order at 6:00 p.m. to consider this item as Agenda Item #B-2.

The following Economic Development Committee members are present: Greta Sieglock, Daisy Fong, Beth Lemke, Debi Hirshlag, Robert Foster, Archie Judan, Nick Humann.

B-2: Joint Economic Development Committee and City Council Study Session to hear a presentation and discuss the Pacifica Business Marketing Study, Gap Assessment, and Opportunities Report.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 8 December 13, 2021
Mayor Beckmeyer announced that City Manager Woodhouse and Chief Financial Sustainability Officer Carter would present the staff report, as well as a presentation by consultant Kevin Almeida of CDA.

Chief Financial Sustainability Officer Carter presented the staff report.

Mr. Almeida, CDA consultant, completed the staff report.

Mayor Beckmeyer invited Daisy Fong to comment.

Daisy Fong, EDC member, thought, when Mr. Almeida presented a report to them, it was a lot of information to absorb, and on looking at the presentation, she was curious about who the stakeholders were in defining the business challenges were as she wasn’t sure to whom he was referring, i.e., Kinko or large businesses in Pacifica. She also was not clear what independent research they used to validate and support staff’s conclusions. She knows the city had data on the sales type by business industry and when the recommend the type of business, she asked if they were looking at sales data to see where the gaps based on the sales data. She thought she was expecting more robust details with deeper research. i.e., when they showed website data she wondered about the search terms or source info which she thought was missing.

Mr. Almeida thought that was not a problem, stating that they can make sure that there were citations with a full list of all the interviews held in the community.

Ms. Fong stated that they mentioned surveys, and she wondered if they had the survey and could see the actual results.

Mr. Almeida stated that it wasn’t a survey but an audit, and he may have misspoken. He added that, in terms of the sales data, it was provided.

Chief Financial Sustainability Officer Carter added that Mr. Almeida and this team were directed, with the list of stakeholders, to reach out to business owners and who would be a valuable stakeholder in this project. She stated that they reported that they commenced the study in September with the EDC and in November they brought the results and this was never meant to be robust in that one study that takes months. She stated in just a few weeks that is the initial snapshot and spot analysis. She stated that was partially why one of the recommendations they brought today is to expand on this and develop the robust marks and plan.

Ms. Fong thought that would be great, and as part of this, as they dig into the recommendations, she asked if they can do more study to validate the recommendations that were being used.

She thought it would be helpful to understand what stakeholders were interviewed so they understand where that feedback and information is coming from.

Mr. Almeida appreciated her insight and he didn’t think it will be a problem to provide more data as they have been worked closely with Mr. Moura and Ms. Carter but they will include the full list of those consulted for the public document.

Beth Lemke, EDC member, thanked Mr. Almeida for the presentation as it helps her to see things twice. She also thanked Ms. Carter for getting the ball rolling and shepherding as she reconfirmed this was a quick project to get things going and take advantage as time is of the essence to get things going. She asked Mr. Almeida if the CDA helped develop or accentuated the logo for “shop Pacifica” as it looked familiar but jazzed up.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 9 December 13, 2021
Mr. Almeida stated that they were asked to do that, coming in with six different variants, with some original and using the colors and they took the already done and did an evolution, and that was the one selected.

Ms. Lemke liked it. She asked if there was also going to be recommendations or proposal from CDA to implement or guide them along, as she is concerned that this report is going to lead to a lot of excitement. She questions if the EDC doesn’t get working and make this happen.

Mr. Almeida stated that, ultimately, the next step is up to them but, as part of their engagement, the next step is a two-year marketing plan that will go through a similar process of review recommendations and approvals. They have put together a project schedule for two years and they will put together their chief performance indicators, or PPIs, and these are the actual numbers and objectives that they are searching for that Pacifica should be trying to hit, and different tactics and services, media buying, PR, and labor costs associated with each of those. They would then have a two-year marketing plan and what they chose will be up to staff.

Ms. Lemke asked if he could clarify it is a two-year plan but, if accepted and CDA starts implementing and managing, i.e., if they decide that part of the plan is to do the pop up markets, CDA would make sure it happens.

Chief Financial Sustainability Officer Carter stated that in the last slide of the presentation, there were 14 opportunities and they will take a lot of time to implement it, and they told them they want all 14. She stated that, out of these opportunities, what they are most interested in will give her enough direction as a staff member to return to CDA and work together on what the marketing plan will mean to the community. She stated that the next step will be to develop the marketing plan and implementation strategy and that will be reported to Council assuming that is the direction they want to go at this time. She hoped it made sense. She stated that part of the scope today was going to provide the marketing strategy but they identified the opportunities and they need to define what the strategies will be and the order.

Ms. Lemke concluded that they were actively giving staff input now, just not the question period.

Chief Financial Sustainability Officer Carter confirmed, adding that they are taking notes, and they can pull up the slide of 14 opportunities and look at it to determine which are not of interest to pursue.

Ms. Lemke didn’t want to take up too much time but she had some thoughts on this. She stated that a big concern for her is seeing whatever they decide on to fruition and not have it fall on the back of the EDC as she feels strongly that the EDC should be an advisory committee and not an agency. She asked if they need to weigh it with regard to what they have available in the budget.

She knows they have ARPA but also TOT, so things that fall into hotel or overnight visitors could be added to this.

Chief Financial Sustainability Officer Carter said that it could, but it was too premature to define the budget as they basically need input now as to what the opportunities would look like, and what they are most interested in.

Ms. Lemke was interested in events and activities, pop up markets which they are already doing, and if there is a way to add gas to their engine that is going. She thought doing the citywide gift cards were awesome, and she was thrilled that it got going. She thought the newest EDC

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 10 December 13, 2021
members helped fuel that. She was with Yifty when they first got off the ground a decade ago and she knows they are legit. She thought unique neighborhoods was cool and needs to tie in with the activities and pop up markets, and she thought you have to have stuff going on in unique neighborhoods that is eye catching. She noted on eye candy, as one thing she believes is anecdotal as in Rockaway they have issues with signage and they get to where they are throwing up their own A-frames. She stated that they are doing what they can to get attention. She stated that there were challenges around the monument signs which is looking much better and she thought even events are eye candy as people are attracted to where people are and what is going on which creates energy and she thought it was important. She thought the banners were a piece of that. She appreciated Ms. Fong’s comments on where the research was, etc., which she agreed was very important, but she thought they need to get it going and they can analyze along the way.

Mayor pro Tem Bier stated that they only have 15 minutes and they have a lot of hands.

Greta Sieglock, EDC member, thought that all the opportunities listed, the most cost effective while being the most impactful are around the web presence and social media. She thought what would be helpful is the Yifty gift card / shop local campaign which is folded into that and they could rely on local businesses to appoint to help be their influencers and the most long-term impact would be to attract new businesses, but if they can get great rapport going online with current businesses, it would help in the second goal.

Mayor Beckmeyer asked who had hands raised.

Mayor pro Tem Bier stated that first Debi Hirshlag, then Robert Foster.

Debi Hirshlag, EDC member, agreed with Ms. Sieglock, referring to several things around communications that she thought could be folded together and done relatively cost effectively, but probably need a champion and spearhead to hold them together and work on them. She stated that, if you are attracting millennials, they find out about us through social media and the web, and she thought we should get going on that ASAP. She stated that, on the conference piece, she mentioned before the idea of sports tournaments in Pacifica is similar to get people coming into town and get them to stay, shop and eat in addition to the sports events. She referred to the unique neighborhood piece, she thought that was part of the city’s planning discussion as, if they are looking at where they are going as a city with a vision of Palmetto and Linda Mar each being something, it needs to be in our planning discussion about what kind of businesses we would like and where. She stated that, as space opens up or new construction happens, the city will be thoughtful about what businesses go in and are more influential versus just signing the lease first. She thought there was a planning discussion in the unique neighborhood item and she didn’t know how they jive together but that was her thoughts.

Robert Foster, EDC member, thanked Mr. Almeida for sharing. He asked, if they had to ruthlessly prioritize, whether it was about driving more people to Pacifica or maximizing the people who are already coming.

Mr. Almeida thought, from what they have heard, the most immediate source of revenue is to increase off season hotel occupancy. As Ms. Carter pointed out, increasing shop local is something they want to embrace as it is there and immediately achievable. He would say that off season occupancy is their best bet of short term revenue.

Mr. Foster thought they were trying to get people to spend more time her and highlight all that

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 11 December 13, 2021
Pacifica has to offer beyond the day tripping. He thought social media is a great way to get that out as well as the events which are both ways to pull people in. He thought driving our businesses would also help by giving them a forum for communication or something else that will get people out into the community.

Mayor Beckmeyer stated that she wanted to give Council a chance to comment, as well as public comment.

Councilmember O’Neill suggested public comment first then Council.

Mayor Beckmeyer appreciated that and asked Mgmt. Analyst Montemayor if he was ready.

Mgmt. Analyst Montemayor introduced one speaker.

Christine Boles, Pacifica, thought it was exciting to hear all the ideas and look at ways to generate income for the city. She mentioned several ideas that she felt was a way to encourage visitors as we have so much to offer and entice visitors to stay, such as articles like “3 perfect days in…”, planning visits around local history and themes, etc.

Mayor Beckmeyer then closed public comments and brought it back to Council for comments.

Councilmember O’Neill thought it was good presentation. He thought Mr. Almeida in his planning needs to reach out to some of our other partners, mentioning the San Mateo Convention Visitors Bureau does take hotel reservations, and he talked to them about an article they had about coastside restaurants with a view and Pacifica was not mentioned, and they immediately added Nick’s. He stated that they have suggestions on how to do a Facebook page and a technical advisor on how to do social media. He also thought they need to look at not having stuff in a linear fashion and try to build up our social media presence and they have an event, such as Redwood City has Beer in the Park with music with inflatable games, etc., and we could have Beer at the Beach. He agreed with mention of sports teams, mentioning a woman in Redwood City has a business of bringing sports teams to San Mateo County Fields as the Convention Visitor’s Bureau has realized that is untapped resources and we have a competition size swimming pool at Oceana where they have 500 kids show up for a swim meet and every hotel room is booked. He thought it was important to work on beefing up our social media and, as Mr.

Almeida thought we could sort our business districts by categorization and filtering, that might be good for restaurants, if we have everyone on Connect with Pacifica, as we have a $10 coupon for every restaurant in Pacifica Manor, etc.

Mayor Beckmeyer referred to one thing they heard about, and Mayor pro Tem Bier participated Cindy Abbott on an age friendly business group, and mention in the packet of the demographic consideration of day trippers. It struck her that the average age in Pacifica was the highest on the chart, and she thought they have to look at that. She stated that it was Ms. Fong’s original point about data and analytic information, and they didn’t know if they have an update to this information. She thought they need to look at that as our age is high on the chart and, in general, they know that, but they see one of the higher incomes on the chart as well. She thought looking at how much was millennial, retirees, etc. as well as who they draw to our community, concluding that we need to get a good handle on our demographics for visitors as well as residents.

Councilmember Bigstyck thanked EDC for being present and regretted not being able to do this in person. He also thanked Mr. Almeida. He asked Ms. Carter if she got the feedback she wanted on the list of 14.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 12 December 13, 2021
Chief Financial Sustainability Officer Carter thought she did have enough.

Mayor Beckmeyer stated she would reiterate the statements made, and agreed with them regarding prioritizing social media and the chart that shows our contact relative to other communities.

Mayor pro Tem Bier stated that, while they are prioritizing social media and using bloggers, she thought it might be good to use local champions, such as podcast to feature something from Pacifica. She stated that, if you look at the banners on Palmetto, they need to start all over again as they are tiny, ripped and you can’t read them. She thanked staff and EDC for being present as it helps and they appreciate them.

City Manager Woodhouse stated that one specific direction they need from Councilmembers is the understanding that they are going to negotiate additional contract work with CDA for developing the two-year marketing implementation plan. He didn’t hear any opposition, but he wanted it explicit that it would be the city’s next step.

Mayor Beckmeyer stated that, taking into consideration the points made about data and sources and such, she didn’t hear anything against that by Councilmembers.

Councilmember O’Neill didn’t know if it was a fair question as they didn’t have any idea what they are going to ask them to do, what parts of the contract, and what will the RFP look like that they will be sending out. He had no problem negotiating a contract with them, but they come peruse it when it comes to Council for approval.

City Manager Woodhouse stated that Ms. Carter can chime in, but the idea was to take all the input about the various priorities and roll those into a scope of work for a two-year implementation plan, negotiate with CDA and if the contract exceeds the City Manager’s signing threshold, it would come back to Council for approval.

Councilmember O’Neill thought they need a more robust discussion from Councilmembers about what they would like to see in the contract or what they have. He stated that he wasn’t picking on Mr. Almeida and his staff as he didn’t know what they are capable of, but when he went to the conference there was stuff that was available from other firms and he questioned the CDA’s track records. He thought this was an important aspect of what Council is looking at, and no one heard of a work-cation two years ago. He thought they need more information before they make a commitment to the CDA or anyone else.

City Manager Woodhouse stated that he would clarify to get direction from all five councilmembers. He stated that CDA has done the initial work, they have input of 14 different types of strategies and the idea is to take that, put it into the scope for developing a two-year marketing strategy that highlights the points made by EDC and Council at this meeting. He stated that, if they did that and brought that scope and cost back to Council, Council always has the options to not approve a contract. He stated that, at that point, they would need to go back and solicit other proposals or go through a formal RFP process which would take longer. They are trying to move efficiently on this, but at this point he needs to get a Council majority direction.

Mayor Beckmeyer wanted to understand is that the shorter term activity they are discussing with the marketing strategy with the Vision 2025 conversation they had earlier, as she thought there was a Venn diagram with a certain amount of overlap but her impression was that, with regard to

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 13 December 13, 2021
the potential for developing a certified economic development study, it struck her as being a larger process within the Vision 2025 and this marketing project they are discussing now is a subset of that. She asked if that was a fair statement.

City Manager Woodhouse stated that, to put it in the context of Vision 2025, this marketing work and the short term of “low hanging fruit items” such as increasing mid-week or off-season hotel occupancy which translates into a different type of revenue enhancement strategy and there is another component of Vision 2025 as to are there ballot measures they need to be looking at, and at the same time, they need to be showing the community that they are pursuing these other revenue enhancement strategies, such as economic development, increasing hotel occupancy.

He stated that is one way to look at the connection and diagram as they put it so well between the two.

Councilmember O’Neill concluded that the contract he wants to negotiate with CDA would be limiting priorities to building the internet presence and social media as the main focuses.

City Manager Woodhouse thought there were several other related items, work-cations, shop Pacifica, etc.

Councilmember O’Neill stated he had no problem with those items as they are a great start, but he didn’t think there was anything precluding them from looking at a bigger scheme that maybe services CDA doesn’t provide. He asked if he was correct in that thinking.

City Manager Woodhouse stated that there could be tying back to Vision 2025 study and the economic opportunities component out of that work and there could be additional very specific economic development strategies that will have effects such as targeting, attraction of certain types of business in Pacifica and that could be work beyond the immediate short-term two-year focus that the contract with CDA would address or would augment that contract or be a different firm. He thought they could cross those bridges when they get there, but the idea now is to deal the move now on these low hanging fruits and other strategy ideas in the CDA report that they all discussed.

Councilmember O’Neill stated that, having been on the Economic Development for several years, he though the issue is that they have never had permanent staff doing it as they have been entirely relied on volunteers. He agreed that having a professional firm monitor it with social media and the other things discussed was worthwhile. He concluded that he didn’t have a problem with negotiating something with CDA.

Mayor pro Tem Bier thought the work that CDA has provided the city so far is beautiful and, with the information asked by Ms. Fong and others to show them the robust process they went through and what they will be going through, she was happy with the work they brought them and she was happy with developing a scope of work and she was good with the direction.

Chief Financial Sustainability Officer Carter added that, whatever the marketing strategy they are going to develop and bring back to Council in the four-month scope of work is not going to be set in stone. She stated that, as they make more progress on the greater vision and strategy for the Vision 2025, and as the vision develops, they can definitely adjust the marketing strategy as to how they are going to market it. Whatever they develop will be fluid and a living document.

Councilmember Vaterlaus thought it was good and she liked all the ideas. She thinks they need to move forward as they are losing time. She was on EDC for many years and they tried different

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 14 December 13, 2021
things and they didn’t succeed and she thought these are some really good ideas that can help them move forward and get Pacifica on the map. She knows they are getting better recognition now than they did before and she thinks people are responding to Pacifica in a different manner and people want to come her, adding when they want to come her, get them to spend money here. She thanked them for all the effort by the committee, staff, etc. to get this moving forward.

Mayor Beckmeyer asked Council if they were in agreement, and concluded they were. She thanked everyone for attending with their input. She stated that they were running a little late.

RESULT: NO VOTE REQUIRED

ADJOURN JOINT CITY COUNCIL AND ECONOMIC DEVELOPMENT COMMITTEE STUDY

SESSION
Mayor Beckmeyer adjourned the joint study session at 7:11 p.m., then called for a break and would be back in three minutes.
7:00 PM OPEN REGULAR MEETING
Mayor Beckmeyer reconvened the meeting at 7:15 p.m. to begin the Regular Meeting.

Call to Order
Attendee Name Title Status Arrived
Sue Beckmeyer Mayor Present
Mary Bier Mayor Pro Tem Present
Mike O'Neill Councilmember Present
Sue Vaterlaus Councilmember Present
Tygarjas Bigstyck Councilmember Present
City Clerk Coffey took a verbal roll call.

Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Tina Wehrmeister, Asst. City Manager/Planning Director; Lisa Petersen, PW Director; Dan Steidle, Police Chief; Chuck Pomicpic, Dep. Fire Chief; Yulia Carter, Chief Finan. Sustainability Officer; Sheila Tioyao, Financial Services Manager; Sam Bautista, PW Dep. Director; Michael Perez, PB&R Director; Jason Bustria, IT Support; Josh Montemayor, Mgmt. Analyst; Sarah Coffey, City Clerk.

City Clerk Coffey explained the conditions for having Council meetings pursuant to the provisions of Government Code Section 54953 (as amended by AB 361) which authorizes teleconferenced meetings under the Brown Act during certain proclaimed states of emergency. She also explained that the public can observe and participate in the meeting via the Zoom link provided in the Agenda or by phone to the dial-in number and Webinar ID provided in the Agenda. This meeting can also be viewed live via local TV Channel 26 or online at www.cityofpacifica.org/LiveStream.

City Clerk Coffey also gave information on how to present public comments via email or live if participating by Zoom or phone.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 15 December 13, 2021
Reading of Land Acknowledgment
Mayor Beckmeyer read the Land Acknowledgement.

Salute to the Flag led by Mayor Beckmeyer

SPECIAL PRESENTATIONS
A. HIP Housing Annual Calendar Presentation
Mayor Beckmeyer introduced Laura Fanucchi, HIP Housing, who would be making a presentation.

Laura Fanucchi, HIP Housing, gave her presentation of their process in creating HIP Housing calendar.

Mayor Beckmeyer thanked her for the presentation of the calendar and all they do for providing housing.

Councilmember Bigstyck thanked her Ms. Fanucchi, adding that affordable housing is the biggest struggle elected officials deal with and to hear the story she shared was tremendously hopeful, humbling and inspiring. He thanked her for all the work they are doing and he looked forward to the calendar.

Councilmember Vaterlaus liked the shared housing as it is a win-win for everyone, especially when you put someone who is younger with a senior and they do small amounts of work for the rent as the senior is happy and the younger person is happy and it is a unique program that works well.

Mayor pro Tem Bier thanked her for being here and also thanked HIP Housing for sending a representative to the Pacifica Collaborative as it is beautiful to have that connection on a monthly basis to be informed about what they are doing.

Ms. Fanucchi thanked her, adding that they have a new home sharing outreach specialist who will be starting the first in the year and they will introduce him to the Collaborative.

Councilmember O’Neill agreed with the sentiments expressed by other Councilmembers. He knows they get the calendar and, having been on a school board, he likes seeing the kids drawings as it adds a special human touch to the things.

Mayor Beckmeyer thanked her for being here and wished her happy holidays.

Ms. Fanucchi wished them happy holidays as well.

CONSENT CALENDAR
Mayor Beckmeyer stated, regarding the order of the agenda, she stated that staff has recommended that they consider making a motion to adjust the consent calendar to remove agenda Item #9 from the agenda and consent calendar.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 16 December 13, 2021
City Attorney Kenyon stated that they don’t need a motion to remove it, just that the manager was asking that they remove it from consideration as it is not ready for action and there is no need to move to remove it, but just do not take action on it.

Mayor Beckmeyer then asked if Councilmembers would like to pull any items from the consent calendar, not including Item #9 as they took that off. Seeing none, she opened public comments to discuss any items on the consent calendar, asking that they state the item they wish to comment on.

Mgmt. Analyst, Montemayor introduced the speaker.

Suzanne Moore, Pacifica, stated she wanted to speak on item #8, specifically in the Milagra on ramp project. She stated that this has been on the agenda a number of times and the public opposes the Milagra on ramp, and mentioned the alternative options preferred by her and other members of the public. She suggests that this item be pulled to be amended to something such as this is going to be monies to consider alternatives to an on ramp.

Mayor Beckmeyer closed public comment.

Councilmember O’Neill asked staff to inform them on the reason why they had to include the on ramp in this agenda.

City Manager Woodhouse stated that he will start and PW Director Petersen or PW Dep. Director Bautista might want to add. He clarified that this item is the AB1600 Mitigation Fee Act Development Report and they have to annually show what development fees have been collected and what funds they reside in. He stated that the comment made to clarify for Council is that the specific project implementation, such as the Manor overcrossing or on ramp is related but separate from this mitigation fee report adoption. He stated the PW Dep. Director Bautista previously said that there was a very extensive multi-phased design and public input process that will occur should the Manor Drive’s over crossing project move forward, including discussion about the on ramp.

PW Dep. Director Bautista stated that he was correct, that the AB1600 report and the Fund 14 Manor Drive over crossing money is used for the different phases of the project. He stated that the project has to go through Caltrans processes and there are five processes. They are going into the different project initiation documents for which the money is used. He stated that, when they look at the Manor project, they look at the area holistically, i.e, the overcrossing and all the other options to analyze the traffic patterns in the area.

Councilmember O’Neill thanked them for the response.

Councilmember Bigstyck concluded, to be sure he understands it thoroughly, this particular consent item is very specifically to account to make sure the State knows the city is using the money in the way they are supposed to and down the road they will have plenty of opportunity for a robust discussion about that overcrossing project when the time comes.

PW Dep. Director Bautista responded affirmatively.

Councilmember O’Neill moved to approve items 1 through 17 minus item No. 9; seconded by Councilmember Vaterlaus.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 17 December 13, 2021
City Clerk Coffey took a vote by verbal roll call.

CONSENT CALENDAR (excluding Item #9):

RESULT: ADOPTED [UNANIMOUS]
MOVER: Mike O'Neill, Councilmember
SECONDER: Sue Vaterlaus, Councilmember
AYES: Beckmeyer, Bier, O'Neill, Vaterlaus, Bigstyck

1. Approval of Disbursements for 10/01/21 through 10/31/21.

PROPOSED ACTION: Move to approve attached lists of disbursements for 10/01/21 through 10/31/21.

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the joint City Council and Pacifica Finance Authority Meeting held on November 22, 2021 and the City Council Special Meeting held on November 29, 2021.

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

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

4. Continuation of Proclamation of Local Emergency at the Anza Pump Station.

PROPOSED ACTION: Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.

5. Continuation of Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”).

PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist regarding Novel (new) Coronavirus ("COVID-19”).

7. Annual Part-Time Salary Schedule Update
PROPOSED ACTION: Move to adopt the resolution approving the annual parttime salary schedule update effective January 1, 2022.

8. 2020-2021 Mitigation Fee Act Development Fee Review
PROPOSED ACTION: Adopt a resolution entitled "A Resolution of the City Council of the City of Pacifica approving 2020-2021 Mitigation Fee Act Annual Report of Development Fees June 30, 2021 and making findings regarding unspent fees in the Manor

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 18 December 13, 2021
Drive/Palmetto Avenue/Oceana Boulevard Intersection Improvement Fund (Fund 14).”

9. Notice of Completion for the Frontierland Park Drainage & Walkway Improvements Project PROPOSED ACTION: Move to Adopt the Resolution of the City Council of the City of Pacifica Accepting Completion and Directing the City Manager to File a Notice of Completion for the Frontierland Park Drainage & Walkway Improvements Project; and Authorize the City Manager to Release the Retention Funds to the Contractor.

10. Notice of Completion for the Station 72 Deck Replacement Project PROPOSED ACTION: Move to Adopt the Resolution of the City Council of the City of Pacifica Accepting Completion and Directing the City Manager to File a Notice of Completion for the Station 72 Deck Replacement Project; and Authorize the City Manager to Release the Retention Funds to the Contractor.

11. Notice of Completion for the FY 2020-21 & FY 2021-22 Pavement Resurfacing Project PROPOSED ACTION: Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file a Notice of Completion for the FY 2020-21 & FY 2021-22 Pavement Resurfacing Project; and authorize the City Manager to release the retention funds to the contractor.

12. Add the Arterial/Collector Street Asphalt Base Repair Project to the 5-year Capital Improvement Program
PROPOSED ACTION: Approve adding the Arterial/Collector Street Asphalt Base Repair Project to the 5-year Capital Improvement Program.

13. Resolution approving the application of specified State of California grant funds in the amount of $500,000 for the Pacifica Municipal Pier Repair PROPOSED ACTION: Adopt Resolution approving the application of specified State of California grant funds in the amount of $500,000 for the Pacifica Municipal Pier Repair.

14. Acceptance of memorial monument located north of the Pacifica Skatepark on the south side of the Pacifica Community Center.

PROPOSED ACTION: Move to approve the acceptance of the donation of the skateboard statue (“Monument”) from Rosemary Jalovarra and Noah Folber (“Donors”) and Outdoor Creations Inc. (“Artist”) to memorialize Erik Jalovarra’s contribution to the community to be located adjacent to the Pacifica Skatepark, and to authorize the City Manager to execute the Public Monument Donation Agreement.

15. Adoption of a Resolution of the City Council of Pacifica approving the Lease Agreement between the City of Pacifica and the Pacifica Nursery School, Inc., a California non-profit corporation, also known as the Pacifica Co-op Nursery School, for the Premises Located at 548 Carmel Avenue.

PROPOSED ACTION: Move to adopt the Resolution of the City Council of the City of Pacifica approving the Lease Agreement between the City of Pacifica and the Pacifica Nursery School, Inc., for the Premises Located at 548 Carmel Avenue; authorizing the City Manager to execute the Lease Agreement.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 19 December 13, 2021

16. Settlement of the National Opioid Litigation (In Re: National Prescription Opiate Litigation (U.S.D.C. Case No. 1:17-CV-2804))
PROPOSED ACTION: Move to adopt Resolution to “Opt In” to the Settlement of the National Opioid Litigation (In Re: National Prescription Opiate Litigation (U.S.D.C. Case No. 1:17-CV-2804)) and Authorize the City Manager to Take All Necessary Actions to Join In the Settlement and Execute Settlement Agreements Relating to the Litigation, Agree to the terms of the State-Subdivision Agreements and Authorize Execution of the State Subdivision Agreements and Direct Payment of the Abatement Funds to the City.

17. Adoption of Ordinance adding Article 7, “Mandatory Organics Waste Disposal” to Chapter 5 within Title 6 of the Pacifica Municipal Code pertaining to Mandatory Organic Waste Disposal Reduction and Amendments to Administrative Policy No. 76 to add Article 13 “Recovered Organic Waste and Recycled-Content Paper Procurement Policy” in compliance with Senate Bill 1383.

PROPOSED ACTION:
1) Move to adopt Ordinance adding Article 7, “Mandatory Organics Waste Disposal Reduction” to Chapter 5 within Title 6 of the Pacifica Municipal Code pertaining to mandatory organic waste disposal reduction;
2) Move to Adopt a Resolution Amending Administrative Policy No. 76, “Purchasing Policy” to add Article 13, “Purchasing Pertaining to Recovered Organic Waste and Recycled-Content Paper Procurement Policy” to comply with Senate Bill 1383; and 3) Finding adoption of Ordinance and Resolution to be categorically exempt under the California Environmental Quality Act (“CEQA”).

ORAL COMMUNICATIONS
Mgmt. Analyst Montemayor introduced the speakers.

Christine Boles, Pacifica, stated that 1.5 years ago, she got involved reviewing the planning application for a project on Monterey Road near her home, and with her architectural experience, she explained problems she saw in the city’s General Plan and updating process and voiced her concerns.

Suzanne Moore, Pacifica, voiced her concerns and thoughts regarding the General Plan updating process.

Anita Rees, Pacifica Resource Center, updated the schedule of the PRC, and mentioned they were still enrolling families in their Holiday Joy program and continuing other projects.

Mark Hubbell, Pacifica, asked for updated information on the General Plan process, mentioning some of his concerns.

Tom Edminster, Pacifica, was not able to enable the audio.

Mayor Beckmeyer asked that he try a different device.

Mgmt. Analyst Montemayor suggested they go back to him.

Mayor Beckmeyer asked him to try to log in by phone or some other way and they would circle back to him.

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Sue Digre, Pacifica, stated that she was worried about the General Plan which was about everyone in the community and encouraged everyone to be participants.

Summer Lee, Pacifica, appreciated Council’s concern about announcing the General Plan before the holidays, and voiced her thoughts on the process of the important General Plan.

Mayor Beckmeyer had hoped that Tom Edminster would have a chance to get back in.

Mayor pro Tem Bier wanted to make sure he knows they want his comment and suggested he send it to them by email or call them.

Mayor Beckmeyer agreed, stating that they can add it to the record for this meeting as well.

City Clerk Coffey informed Council and the audience that, if they are trying to comment, and could not as in Mr. Edminster’s case, they can email their comment to [email protected] and they will make it part of the written record and forward to Councilmembers.

COUNCIL COMMUNICATIONS
Councilmember Bigstyck stated that he visited the new toy store in the Linda Mar Shopping Center, Nancyland, geared for newborns to six-year-olds as well as interesting things for people of all ages. He attended the Let’s Talk Housing meeting which centered around solutions in places that were mostly developed already and state senators Cortese’s and Becker’s webinar took place and focused on equity in housing. He also attended the Labor Council lunch on the 3rd, a Peninsula Clean Energy meeting with Kevin Mullin’s staff member, Kevin Fong, and had the opportunity to ask questions about Assemblymember Mullin’s approach to climate issues. He enjoyed the PCT auction and they raised some good money, and there was an ongoing online auction if they are looking for a last minute gift for the holidays. He saw the animated picture, Encanto, in theaters and he was expecting it to be more little kid oriented, mentioning a trope regarding shouldering too much burden and the psychological dynamic. He encouraged everyone to see it, and take a moment to breathe and reach out to their personal community or community at large. He wished everyone a happy holiday and new year.

Councilmember Vaterlaus attended the Kevin Mullin city meeting and heard his interesting part of his speech before she had to leave, adding that she heard Jackie Speier’s endorsement of him in South City, and she congratulated him on that. She attended the League of Cities meeting on Bay level rise and usually wants to hear about sea level rise on our side. She took a Sharp Park troll where there were a lot of events. She attended a labor luncheon in Pacifica. She went to the Elf Market, Longboard craft exhibition, which was a busy weekend of seeing all of these items.

She went to the Historical Society in the castle which is always special. She missed the tree lighting. The CCAG legislative meeting was interesting as they did their legislative procedures for the upcoming year, specifically talking about watching legislation, i.e., highways and transportation. She got to speak up on Highway 1 stressing that we are in the county and have highway 1 and 35, and they added both of them, and other areas were left out. She attended the CCAG regular meeting and they had presentations on shoreline, managed lanes, and legislative agenda. She attended Covid Recovery Coordination Council and has been unable to attend the last two meetings, so it was good to get caught up. She got to see how much the county has done regarding food, housing, etc., related to Covid and it was heartwarming to see what has been done for all communities. She purchased things at the PCT auction and she attended the San Mateo County Flood and Sea Level rise where they talked about an upcoming project in

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Burlingame.

Councilmember O’Neill attended the Airport Roundtable with no new news as they barely had a quorum, but the Roundtable liaison will be contacting the City Manager to hopefully do an update on the airport monitors, etc., in January. He attended the Labor Holiday lunch with a lot of politicking with people requesting endorsements for friends running for state positions. He and the mayor had an informal meeting with someone and may be talking about it later. He went to the Jefferson High School meeting on employee housing and there was a tentative move-in date. He attended the Rockaway Christmas lighting.

Councilmember Vaterlaus stated that she missed the big tree lighting, and she thought they will have a larger tree lighting next year.

Councilmember O’Neill stated that this was not what the previous ones were.

Mayor pro Tem Bier mentioned that they have four agenda items before they do the reorganization and she thanked them for coming in and hanging in there with them. She attended the meeting with Kevin Mullin and she will let the mayor talk about that. She attended an interesting meeting on policing regarding data, impact, etc. She stated that there was a lot of work and she found it incredibly important that they keep their eye on that.

Mayor Beckmeyer attended some of the same meetings as other Councilmembers, such as Kevin Mullin’s legislative briefing when he is on fall break from state government and he offers the meeting for elected officials to come and hear updates on his agenda and things he has done with an opportunity for the city officials to ask questions and raise issues of concern for our districts. He reports things he has accomplished over the year and Pacifica was highlighted in the context of what is called member city funding requests, mentioning the $500,000 arranged between Assemblymember Kevin Mullin and Senator Josh Becker to repair the pier and the $7.75 million earmarked for our erosion issues in the Esplanade area. She reiterated that it was a down payment on what is going to ultimately be the cost of those projects and they were moving forward with support from Jackie Speier to the Army Corp of Engineers which is a big move for Pacifica and they were grateful to her and Kevin Mullin’s support at the state level. She stated that there were more than her and Councilmember Vaterlaus on the informational part of the meeting and when the question part started, Councilmember Vaterlaus and Mayor pro Tem Bier asked some very pertinent questions about housing related issues, such as when we have our RHNA numbers and want to provide opportunities for more housing in Pacifica as there are regulations that they can’t count all of the housing units they are making available which she thought was problematic.

When they worked on converting apartments in the north end of Pacifica to 100% affordable, those were already existing units that don’t count toward our affordable housing goals. She is focused on coastal issues and will continue to ask questions about climate resiliency funding, etc. with a $13 billion package with a number of items around climate resiliency and what it means for Pacifica in terms of sea level rise, planet resiliency, fire protection and issues around that. She referred to storm water, and stated all cities in our area are addressing storm water and runoff issues and there may potentially be funding available to help with those items. She was concerned about legislation moving forward concerning something she knows the school district is working on redoing one of the fields with artificial turf. She understands it in terms of water and they will have to listen closely in terms of how it might affect Pacifica. She mentioned another meeting of the Peninsula Division of the League of Cities, North Bay Division and East Bay Division which was on bay rise. She attended that as she was focused on coastal issues with the Coastal Cities Group and it seemed important to understand what is going on at the Bay side and learn more about it. It is run by an organization, BCDC, which is the equivalent to the Coastal

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Commission for the Bay. She stated that they are also using terms like Bay Area and she thinks Pacifica is part of the Bay Area. She stated that the project being brought forward by BCDC is called “Bay Adapt” and has been years in the making in terms of how BCDC is going to regulate what the cities on the Bay side can do around Bay rise issues. She will make sure, if she can get that presentation, she will make sure it gets to all Councilmembers as well. She attended the Historical Society event at the castle which was fun. She stated it was a good event with a nice opportunity for the Historical Society to get support. She attended a meeting related to her school but overlapped with the waste of edible food issues they have been discussing and it was enlightening to work directly with some county staff and Office of Sustainability and learn about some school programs available to help educate students around food waste and they can start reducing the amount of edible food that goes into the waste stream. She had a meeting with the incoming chair of the Coastal Cities Group and representatives from the League of Cities talking about the agenda with an item going forward on the Coastal Commission agenda this week that had to do with agreements with cities that hold coastal events more efficiently with some jointly arrived at guidelines and discussions between representatives from the Coastal Commission, League of Cities Coastal Cities Group and League of Counties group coming together that worked on this document.

STAFF COMMUNICATIONS
City Manager Woodhouse referred to Councilmember O’Neill’s comments about the airport Roundtable noise monitoring. He hasn’t heard from them yet but they will work with them and get the presentation scheduled for Council. He stated that they have the monitoring report that they released and uploaded them to the city’s page about airport noise. They would learn more when they make the presentation. He wanted to focus on the General Plan timeline. He stated that, after listening to and acknowledging public comments, he reviewed the project time line for the General Plan, Sharp Park Specific Plan and associated environmental impact report and have consulted with the staff and consultant and decided to delay the release of the documents and commencement of the 45-day public review period for the EIR until the first week of January instead of the most recent schedule of mid-December. He stated that the three-week delay will impact the timeline for other city projects, it will be a manageable disruption to issue the robust and complex work plan of Council priorities. He stated that this scheduled change is an example of the city’s response to the community’s concerns about the month and a half of public comment period prior to the end of the holiday as was commented by the public. He emphasized that the schedule of the remainder of the General Plan and Sharp Park Specific Plan adoption process will remain on track for spring time consideration of the critical documents by the Planning Commission and City Council. They will manage the delay in the process they have to roll out and maintain the state mandated 45-day environmental review period for the environmental impact report. They will receive comments from the public and other state agencies and will process the response comments and put the packet together for Planning Commission and City Council.

PUBLIC HEARINGS - NONE.

CONSIDERATION

18. Appointment to the San Mateo County Mosquito & Vector Control District PROPOSED ACTION: Move to appoint one (1) applicant to the San Mateo County Mosquito & Vector Control District and specify whether it will be a two-year or four-year term.

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City Clerk Coffey presented the staff report.

Mayor Beckmeyer opened public comments.

There were no public comments.

Councilmember Vaterlaus moved to appoint Peter DeJarnett to the existing position.

Motion was seconded by Councilmember O’Neill with an amendment to make it a four-year term.

City Attorney Kenyon stated that there was an amendment to the motion.

Councilmember Vaterlaus accepted the amendment.

City Clerk Coffey took a vote by verbal roll call on the amended motion to appoint Pete DeJarnatt to a four-year term on the Mosquito and Vector Control District.

Vote: 5 - 0
Mayor Beckmeyer thanked Pete DeJarnett for continuing to serve in this capacity and appreciated his expertise.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Sue Vaterlaus, Councilmember
SECONDER: Mike O'Neill, Councilmember
AYES: Beckmeyer, Bier, O'Neill, Vaterlaus, Bigstyck

19. Consideration and Adoption of Resolution Approving Restated Employment Agreement between the City of Pacifica and Kevin Woodhouse as City Manager PROPOSED ACTION: Move to adopt resolution approving the Restated Employment Agreement between the City of Pacifica and Kevin Woodhouse.

City Attorney Kenyon presented the staff report.

There were no public comments.

Councilmember Bigstyck thanked City Manager Woodhouse for doing a remarkable job, keeping them organized and on track.

Councilmember Bigstyck moved to adopt resolution approving the Restated Employment Agreement between the City of Pacifica and Kevin Woodhouse; seconded by Mayor pro Tem Bier.

City Clerk Coffey took a vote by verbal roll call.

Vote: 5 - 0
Mayor Beckmeyer thanked City Manager Woodhouse for his service to Pacifica and she looked forward to another productive year.

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RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Mary Bier, Mayor Pro Tem
AYES: Beckmeyer, Bier, O'Neill, Vaterlaus, Bigstyck

20. Accept the 2020-21 Annual Comprehensive Financial Report, Independent Auditor’s Report
PROPOSED ACTION: Accept the City of Pacifica Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2021, prepared by the City's independent auditing firm, and Finance department staff.

Chief Financial Sustainability Officer Carter presented the staff report.

Financial Services Manager Tioyao completed the staff report.

Councilmember Vaterlaus asked how the reserve position percentage compares to where cities comparable to Pacifica are usually having reserves.

Ms. Carter stated that it was good news that, despite the pandemic, the financial position of the city didn’t change much from last year. She stated that they will talk in more detail about the financial position and fund balances and project the fund balances over the next few years as they present long term financial forecasts, as well as mid-year budget adjustments for the current fiscal year. She stated that, when they repot the fund balances in the ACFR report, the report represents the city’s financial position as of June 30, 2021. In answering her question, they will have to take all the financial assumptions for the coming fiscal year and all the funds that they include, such as the Civic Center project, CIP, etc., into the account. She stated that the $8 million in the undesignated fund balance doesn’t represent all the financial assumptions that they discussed and adopted at the beginning of the year. She stated that they will be more conversations to have during the mid-year budget adjustments and they will make sure they focus on that. She stated that the report presented today is very positive.

Councilmember Vaterlaus thought it was positive as well.

Mayor Beckmeyer referred to Ms. Tioyao’s statement about the increase in General Fund revenue that was primarily due to an increase in property taxes, and asked if they will have a detailed data breakdown on whether it is increases in value, sales of homes, etc.

Ms. Tioyao stated they have quarterly meetings with HDL and they provide reports that show some kind of a breakdown of sales values, transfer of properties, etc., and they do get their biggest portion of property tax payment in December and by the mid-year adjustment they may have that information.

Mayor Beckmeyer thought that would be helpful.

Mayor Beckmeyer opened public comments.

Mgmt. Analyst Montemayor introduced the public speaker.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 25 December 13, 2021
Christine Boles, Pacifica, stated she was confused and had a couple of questions and hoped staff would expound on them to give her and the public laymen’s description of what the challenges relate to, such as pension liabilities, etc., as well as fix confusing layout of the report.

Mayor Beckmeyer closed public comments.

Councilmember O’Neill moved to approve the City of Pacifica Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2021; seconded by Councilmember Bigstyck.

City Clerk Coffey took a vote by verbal roll call.

Vote: 5 - 0
Councilmember Bigstyck thanked them for the report and congratulated Ms. Tioyao.

Councilmember O’Neill also thanked Ms. Tioyao for her many years of service.

Mayor pro Tem Bier echoed his comments as well, thanking her for all her hard work.

Mayor Beckmeyer also thanked Ms. Tioyao for her service over the years and they look forward to hearing about her plans for the future, as well as looking forward to hearing from Ms. Carter on the mid-year updates.

Councilmember Vaterlaus also thanked them both.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Mike O'Neill, Councilmember
SECONDER: Tygarjas Bigstyck, Councilmember
AYES: Beckmeyer, Bier, O'Neill, Vaterlaus, Bigstyck

21. Update on Returning to In-Person City Council Meetings and Discussion about Council Chambers Improvements or Relocation of Meetings to Community Center PROPOSED ACTION:

1. Hear an update about the status of the pandemic and returning to in-person City Council meetings, and confirm whether the January 10, 2022, City Council meeting will be conducted in-person; and

2. Receive information about Council Chambers’ improvements or relocation of City Council meetings to the Community Center and provide direction to the City Manager about next steps.

City Manager Woodhouse presented the staff report and asked for input from Mayor pro Tem Bier.

Mayor pro Tem Bier gave her thoughts on the proposed plan.

Councilmember Bigstyck thought this item was mostly for deliberation. He stated that he saw Martin Anaya’s hand up in the attendees’ list and mentioned seeing him earlier in the day where he told him a little bit of how the Community Center option is very similar to what they are doing in Half Moon Bay. He thought he was present to answer questions if anyone has questions for him as he was personally interested in hearing more about how Half Moon Bay is doing it.

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Mayor Beckmeyer stated that her biggest questions was how the PCTV would work if they considered the Community Center and what that would look like. She didn’t know if it was appropriate for him to join the panel and discuss the items or deliberating or gathering information.

City Attorney Kenyon would suggest that, if the Council would like to turn to public comments and they could do that and give the speaker his allotted time and if Council has additional questions, at the discretion of the chair, ask those questions of the speaker, but not elevated to panelist.

Mayor Beckmeyer opened public comments.

Mgmt. Analyst Montemayor introduced the public speakers.

Martin Anaya, PCTV,, stated that he was present to answer any questions they might have. For his three minutes, he will give them the benefit of their insight with respect to Half Moon Bay as, since they have been serving Half Moon Bay, they have been doing Council meetings in their Community Center, a multi-use facility, and explained the process.

Nani Wilson, Pacifica, stated that she has been to meetings in both locations, and thought the Community Center was a more friendly, welcoming space, and she would love to have them have the meetings there.

Mayor Beckmeyer closed public comments.

Councilmember Bigstyck referred to a question that was brought up in the staff report, i.e., if they move it to the Community Center, it would impinge on certain programming that goes on there and he wondered if PB&R Director Perez would speak on programs at the Community Center that would be affected by moving there.

PB&R Director Perez thought it was tough to speak on that now, but they looked at 2019 preCovid as there is not a lot happening as they are just starting to open a few things up. He stated that some of their bigger classes would be in the auditorium which is where Council would be meeting, such as karate and dance classes that take a large space. He stated that, if Planning Commission moved there as well, they would be looking at no Mondays for use of the Community Center auditorium, concluding that it would be an impact to them because of one less space they have.

Councilmember Bigstyck asked if he anticipated that they would not be able to use the room on the full Monday and cut programming off at 4:00.

PB&R Director Perez stated he was just referring to evening classes, but they would continue to have all their daytime activities, etc.

City Manager Woodhouse added that one detail they don’t know is how long the setup would take in advance of the Council meeting, such as today when they started study sessions at 5:00 and on that Monday, depending on the start time of study session, they have to add time for emptying the auditorium and setting up.

Councilmember O’Neill can’t believe Mayor pro Tem Bier doesn’t want to go back to Council Chambers mentioning several concerns with aesthetic aspects and current condition of the Council Chambers. He had several concerns about the Community Center. He stated that they

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started today at 5:00 and he thought, if they have a meeting that goes to 11:00 or 12:00, on the other side, you have to have senior staff set up the tables and chairs for the lunch for the seniors the next day. He stated that when they go back to daylight savings time, you have surfers there and the parking lot will be full, skateboard park will be full and parking for people to get to the Community Center. He stated that he didn’t have a problem with Mayor pro Tem Bier’s idea but his suggestion would be to check in with the high school district and look at renting Oceana’s theater for Council and Planning Commission meetings. He checked with someone there last week, and they use it only once or twice a month and already has theater seating, a parking lot to fit more cars than they can at Beach Blvd. He stated that one level doesn’t need any wheelchair access, elevators, ADA or anything and they could set up some tables. He thought, if PCTV could telecast from the Community Center, he could probably do it from the high school. He thought that would be done with minimal staffing on our part. He was concerned about the parking situation during the summer and the next morning issues for staff setting it up.

Councilmember Bigstyck thought they were jumping into the place conversation first and he hoped they focus on the conversation first and before answering whether they want to go back in January.

Mayor Beckmeyer asked clarification that they want to answer the location question first and then answer the go back question.

Councilmember Bigstyck thought, since they are already engaged in the location question, they keep that going first and then answer to other question but however they feel they should do it, as it was just his suggestion.

Mayor Beckmeyer didn’t think it matters either way. She would like to hear what other Councilmembers think about going back. She stated that, at this point, the way they had it scheduled, it was to be January 10. She stated that her personal opinion is that Omicron is with us and she didn’t think they were ready for a public meeting when you consider that they will be launching into EIR time, etc., and she anticipates seeing more people turning out and she has a public health consideration.

Councilmember Vaterlaus stated that she cannot see wearing a mask while they are in a Council meeting as you would never understand what the other person is saying and it would be uncomfortable to spend that many hours of the day trying to speak with masks on. She agrees that she is not ready to go back yet.

Councilmember Bigstyck agrees with Councilmember Vaterlaus. He stated that he can project his voice adeptly on a PA system at work daily with a mask on, but that he trusts that mask in the way it is designed to allow him to do that, and he thought they would be staring at a literal tiger face if they go back at this time as he trusts that mask. He read a news report that London had their first death because of the Omicron variant. He was excited reading the staff report because the County advice suggested that it would be 3-4 weeks before we would be allowed to go back and do meetings without masks on and with the news that it is January 15 minimum, he agrees with Councilmember Vaterlaus and he didn’t think it would be wise to engage with the public with masks on as communication will be stifled substantially even before concerns about the health risk because we don’t know much about the Omicron variant.

Mayor pro Tem Bier agrees that she is not ready to go back to in person and she thought it would be great if they could get more clear information about the cost would be to do any of the things they talked about, i.e., brighten up the Chambers on Beach Blvd., or move to the Community

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Center or Oceana. She thought they could get more money from budget and talk more about that next time.

Councilmember O’Neill doesn’t have a problem going back to in person meetings as both school districts are now having in person meetings. He stated that Jefferson does it a bit different in that they have a smaller boardroom and it is the television cameras on the board members and they have a bigger room where they can sit six feet apart, but when they have three minutes to talk to the Board, they go into the room with them and talk to them and they also have the Zoom meeting aspect of it. He thought, if they can figure something out like that, it might be okay. He thought people miss the in person meeting. At this time, he is glad he is home, but he thought they were missing the in person aspect.

Councilmember Bigstyck stated that, in terms of location, he was ambivalent. He agrees with Mayor pro Tem Bier that they should have a bit more data on what costs will be. He likes the Beach Blvd. site with all its flaws, but if they adjust cosmetically, he would like to know what the costs will look like and maybe they would need to give direction if that is a direction they pursue so they know what the costs are.

Councilmember O’Neill asked if there were any estimates or any thoughts as to how long before they put out another RFP for that site to be sold. He thought, if it is 3-4 years, the staff report mentioned $35,000 to redo and maybe $10,000 a year it is worth doing, but if they are going to do an RFP next year, he didn’t know if he wanted to put any money into the Beach Blvd. site.

Councilmember Vaterlaus thought, when she heard put money into that building, why are they going to put some lipstick on a pig, mentioning that the windows don’t open, and she didn’t want to put money into it to go down the path of selling the building. She didn’t know what they would spend and that would make a difference. She talked to the City Manager and he said it was a small amount to refurbish that room. She thought they need to look at all options and she didn’t think they discovered where they could go yet and they need to continue.

Mayor Beckmeyer thought they have some time as she recognizes that staff has a workload and work plan. She would like to hear from the City Manager about his thoughts on timing. They are all saying January 10 is not a good idea and she also would ask the City Attorney how they move forward under the governor’s emergency order, but what are the rules around setting a date certain at which time they would returning to in person meetings.

City Manager Woodhouse stated that four Councilmembers aren’t interested in returning on January 10 and the next question would be is there a date that they want to select now as the target. He stated that the state guidelines are that every month they make the findings pursuant to AB361 on the continuation of the health emergency and why remote meetings need to continue.

He thought, with any evaluation or improvements, either to the current Council Chambers or setting up the Community Center or a different room, that is not a very short term and it will take a while, and he didn’t have an estimate on that. He stated that the shortest term thing would be the lipstick on the pig at the Council Chambers and could be done in between Council meeting to paint, etc. He thought reconstructing the dais would be more complicated and they would have to design that and bid it out. He says, if Council suggests shooting for February or March return to in person, they probably need to return to in person at the Council Chambers as he didn’t think all of the equipment, bidding, etc., and steps necessary for remodeling Council Chambers, going to Community Center, etc., could be done within a two-month period, but he could consult with staff. He stated that it is not a simple endeavor, and they heard a bit from Martin Anaya at PCTV and the report has a list of audio visual stuff that would need to be purchased, set up, etc. He

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stated that, if not January 10, are they shooting for the first meeting in February or March. He stated that City Clerk Coffey returned from a conference and she heard that some other cities in San Mateo County are pushing back to March and he thought they will see that happening as State health orders come out. He stated that they are holding their breath for the holidays with the Omicron variant to see what two weeks after January look like.

Mayor pro Tem Bier stated she is going for March.

Councilmember Vaterlaus stated that was what she was going to say.

Mayor Beckmeyer agrees.

Councilmember Bigstyck agrees.

Councilmember O’Neill stated he is fine.

City Manager Woodhouse stated that what he would like to do over the next six weeks or so is put together a tighter package of what technology improvements, staff resource impacts and possibly related to that, etc, than they presented in this staff report, and return sometime in February with some more information to continue the conversation and then could follow up with Oceana and talk about their theater, along with PCTV. They would be looking at improvements to Council Chamber or in depth possibilities like the Community Center or the Oceana theater.

Councilmember O’Neill stated that Oceana theater was where PCTV started. He thought that the City Manager’s signing authority is $60,000 or $65,000.

City Manager Woodhouse stated that it is $50,000 or more depending on the type of contract.

Councilmember O’Neill thought, if they can keep it under his signing authority so they have some idea for budget, if everyone agrees.

Mayor Beckmeyer feels that they will exceed that as she looks at the costs, although some of the costs would be borne by PCTV the way it is stated, but she wasn’t sure.

City Manager Woodhouse thought PCTV is quoting how much the city would be charged.

Mayor Beckmeyer thought the loss of revenue would have to be factored in, and the piece she has concerns about is the impact on staff as they are talking four meetings a month between Council and Planning Commission.

Councilmember O’Neill thought they should be figuring six meetings a month as PB&R also meets in Council Chambers and several times a year the Planning Commission has a study session and he thought they could be looking at potentially six meetings a month and they want to have a discussion, they have used the Council chambers.

City Manager Woodhouse stated that, in the preliminary information, he said anywhere from 5-8 meetings per month.

Mayor Beckmeyer thought they did one or two since she was on Council that were not in Council Chambers. She stated that they probably don’t remember how much staff time it took to set it up, adding that after a point they get good at it, but who on staff would do that is a question she has.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 30 December 13, 2021
She agrees with the notion that the Council Chambers as presently stands is not an attractive space to do the city’s work.

Councilmember Vaterlaus thought they have more questions than answers at the moment.

Mayor pro Tem Bier stated that they need to get more information. She asked the City Manager if he had enough direction.

City Manager Woodhouse stated that they did, but they need to put together some more information in the next 1-2 months and come back to Council. He stated that they are working on designing the phone in hybrid model for public comment and they will continue to work on that and shoot for the first meeting in March.

RESULT: NO VOTE REQUIRED

22. SPECIAL ORDER OF BUSINESS - CITY COUNCIL REORGANIZATION Mayor Beckmeyer stated that she will open with remarks and then there will be a presentation to the outgoing mayor which she thought sounded lovely. She added that she had things that were delivered to her home. She mentioned the process leading up to electing the new mayor and mayor pro tem, then stated that she would keep her remarks very brief.

Outgoing Mayor's Remarks
Mayor Beckmeyer stated that it has been a very significant year, mentioning the vaccines that were coming out but didn’t know when they were going to be vaccinated, with so much uncertainty and fear. She stated that they had work to do but did it. She mentioned the breach of the sink hole in front of Chit-Chat and increased wave action which was how her year started days after her election. She knew that was part of the job but didn’t know it would be within 48 hours of her election. She was grateful to her former employers and work relations so she knew what to do.

She stated that it hasn’t let up as they had to deal with the uncertainty personally and as a community with a significant workload they established with their goal setting. She acknowledged and thanked staff for their diligence to keep those agendas moving forward and as a Councilmember she was personally committed and remains committed to making sure that our Local Coastal Plan, General Plan update, Sharp Park Specific Plan are completed. She was proud of the work they have done to date, and she thought they had bigger agendas in addressing two big infrastructure areas, referring to coastal erosion and its impact on Pacifica over decades, and taking that on and figuring a way to continue to move forward in gathering support from other elected officials and continuing that conversation with significant steps for funding was a big win.

She looks forward to continuing as it is our community and we have to protect our community and can’t walk away from it. She referred to the city infrastructure with our civic center project, knowing that those facilities are in increasing disrepair and it directly affects staff and the community. Staff’s productivity under those conditions was amazing to her given the conditions and challenges and she is grateful every day. She knows realities occur and can’t be stopped, but she knows staff responds and we do what needs to be done to keep moving forward and she loves that aspect of this community and why she wanted to serve and looks forward to continuing to serve. She was grateful to all Councilmembers for making this enjoyable and she looks forward to spending time with them, and when they have the opportunity to see each other in person, it is so refreshing. She was hopeful for the March goal setting but, until that time, she looks forward to working with them and is grateful for having been selected to be mayor. She enjoyed her year.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 31 December 13, 2021
Presentations to Outgoing Mayor
Mayor pro Tem Bier stated that they will each have time to share something with Mayor Beckmeyer, but now they will present her with a couple of gifts from Council. She mentioned that the mayor received a basket full of goodies and she hoped they were able to enjoy that.

Mayor Beckmeyer stated that they will enjoy it for several days to come as it was a beautiful basket of cheese, crackers, wine, and she was thrilled, adding that she also got flowers and a gift that will have to go on the wall which is a plaque referring to her term as mayor in 2021. She mentioned something else she got, but she only unwrapped the paper but not the plastic. She then opened it and stated that it was a beautiful picture of sunset over Linda Mar.

Mayor pro Tem Bier thanked her so much. She stated that the community needs to understand how much work she has put in in different ways and how often she shows up. She appreciated her mentioning all the projects she has worked on, and her relationships with our elected officials have brought money into our community to fix the pier, Esplanade, etc. She stated that it was her work with them which made us able to get that kind of money. She stated that she has been an inspiration to her. She felt the mayor allowed the community to be seen and heard and she makes sure they answer any of the community’s questions, and she thanked her for that. She was grateful to have worked with her.

Councilmember Bigstyck stated that he has been friends with her for years and is grateful for that friendship, and has spent time thinking about what he wants to say to her. He spent so much time walking literal miles with her and he hoped he has said most of his thoughts by now. He stated that it is hard to encapsulate the experience he enjoyed in sharing time with her. He stated that she was robbed of the opportunity of holding the meetings in person and she handled Covid like a boss and he thanked her for getting them through another year of this situation and making it look natural as she eloquently put it as Hollywood squares. He stated that Mayor pro Tem Bier said the bulk of it, but he wanted to zero in on, which is her capacity to listen. He stated that, quite often she will receive an email of a person’s concern, which all councilmembers have experienced, and she addressed that person’s concern as though all Pacifica was at stake in determining how she responds to that one person and weighs that concern as though every person in Pacifica deserves to be listened to with the fullness of her attention and have their voice heard as loudly as possible as each person is part of the entirety of the whole and she honors that. He thanked her and felt it was an honor to serve with her.

Councilmember Vaterlaus stated that she handled the position so well, getting all the information and never skimps on anything. She stated that she is the greatest mayor that she has seen based on everything she does, making them so much nicer than she could have done. She feels the mayor genuinely cares about everyone and she appreciates that. She stated that, when they go to places where they see all the people, her first thing is wanting to talk to everyone as sometime in the future they will help them. She felt that concept was an important thing and is part of being the best in the mayor position. She thanked her for being the best.

Councilmember O’Neill stated that he has to repeat what everyone said, and he agreed with Councilmember Vaterlaus that Mayor Beckmeyer can work a room better than anyone he knows, mentioning that no hand goes un-shaked, elbow bumped, etc. He thought it was interesting how dedicated she is to all the organizations, Rotary, Lions , etc., as well as a band parent at Terra Nova. He stated that it goes on and on about how she moves forward, concerns for kids as the school librarian, her goal for a new library, etc. He stated that every mayor has their thing in their year in office, not knowing what Mary Bier’s will be, but she will have a thing in hers. He stated

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that Deirdre Martin had Covid rampant, closing beaches and Mayor Beckmeyer had her issues, apartments falling in the ocean during his tenure, so he concluded that everyone has their cross to bear during their year and he hopes Mary Bier avoids that. He thanked Mayor Beckmeyer for all her efforts and help. He looked forward to seeing her next year.

Mayor Beckmeyer stated that it was only because she had great people to work with and people before her to learn from, including Councilmember O’Neill, etc., and they have been helpful and taught her life lessons. She was so grateful for all their lovely words.

Katrina Rill representing Congresswoman Jackie Speier, stated that she probably has more reason than anyone to want to go back to in person meetings. She thanked her for her outstanding service, acknowledging that it was a very strange year and she stepped up to the job.

On behalf of Congresswoman Speier, she thanked her for her service to the residents of Pacifica during a difficult time and making sure that they have what they needed. She stated that they are in constant contact with Pacifica. She would have liked seeing her more in person, and do more events in person. She thought the only in person event was the Pacifica Beach Coalition clean up, just before the COVID Delta variant. She thanked her for her service and they look forward to continue working with Pacifica and, in terms of the questions about COVID Omicron variant and in person meetings, Congresswoman Speier is hosting a telephone Town Hall on Wednesday and they will have a doctor from Kaiser on hand and they may want to ask him about advice on in person meetings. She thought they made the right choice to push forward until March. She was glad to be a part of this special night for the Mayor and Mayor pro Tem.

Alex Kobayashi, representing Senator Josh Becker, thanked her for her service over the past year. They know it has not been an easy year but she has been a wonderful partner to work with and they look forward to working with her and the rest of the Council in the coming years. He thanked her and congratulated her on the past year.

Mayor Beckmeyer thanked him, adding that she received a call from Senator Becker and it was very nice.

Mayor Beckmeyer asked City Clerk Coffey to help her as she was not seeing anyone.

City Clerk Coffey stated that she was looking at the attendees but was not seeing any other dignitaries present and she suggested that they open for public comment.

Mayor Beckmeyer opened public comments.

Mgmt. Analyst Montemayor stated that he didn’t see any hands raised, then stated that they are coming in and he introduced the speakers.

Martin Anaya, PCTV, echoed all the previous sentiments. He has known her for a long time before she was mayor and he was sure she was still doing everything with the kids in the school across the street from PCTV, and bringing them in to fill their minds and he was sure that she wanted to provide them exposure to all different kinds of learning. He thanked her for that.

Sue Digre, Pacifica, stated that she didn’t think it could be easy and her librarian skills and heart come through as she has a gracious manner and does research. She thought it was hard not to have been waving the flag for the library but she thought its time will come and she hasn’t put that aside even if they were not able to make progress on it.

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes) City Council Regular Meeting 33 December 13, 2021
Mayor Beckmeyer closed public comments.

Selection of New Mayor
Councilmember O’Neill moved to select Mary Bier as the Mayor for 2022.

Mayor Beckmeyer seconded the motion.

Councilmember Vaterlaus stated that they all wished to ceremonially second the motion that Mary Bier will become the next mayor.

City Clerk Coffey took a vote by verbal roll call.

Vote: 5-0
City Clerk Coffey congratulated Mayor Bier.

Selection of New Mayor pro Tem
Mayor Bier asked if they have a motion for Mayor pro Tem.

Councilmember Beckmeyer moved that they appoint Tygarjas Bigstyck as Mayor pro Tem; seconded by Councilmember Vaterlaus.

City Clerk Coffey took a vote by verbal roll call.

Vote: 5-0
City Clerk Coffey congratulated Mayor pro Tem Bigstyck.

Incoming Mayor's Remarks
Mayor Bier stated that she never thought she would be giving incoming remarks to become mayor of her city. She felt it was an honor to serve the city, live here for the past 53 years learning, playing, working, worshiping, laughing and crying. She stated that she has spent her brightest and darkest days in Pacifica and Covid has brought a lot of challenges for the entire community.

She thought they had an opportunity to work together to recover from all of this. She thought it was a gift to do them together. She stated that she thinks it is important to her that she is able to represent her community in the very best way that she can. She is honored to begin her mayor’s term and joining 11 other mayors across San Mateo County in the mental health initiative.

When she got the call to join the initiative, it fit her perfectly as it is exactly what she wants to do, i.e., bring more awareness, funding to fill the gaps for mental health care and bring awareness and reduce the stigma. She stated that our communities need help now. She had accessed services from the Pacifica Resource Center when she was a single parent and mental health practitioners when she was having problems, doctors and sponsors when she had issues with drugs and alcohol and she says that because she is not ashamed of who she is or where she comes from. She was proud to access the services in her community and she wants to say to the community is that, if you are struggling with finances, coming back from Covid, mental issues, alcohol and drug issues and need support, go to the Resource Center as they are here to help you. Do not be afraid to ask for help because they do recover and they all have stories. She stated that they are going to be doing hard work together and there is a lot of passion in the

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community. She asked that the community remember that everyone has a story and when they have tough conversations and disagree, they must remember that person has a story and can lean into each other and find a way to come together and honor each other. She stated that she has had the honor of working with this incredible Council to be able to talk to each other and learn from each other and not fighting with one another. She stated that, if they come together, they can do anything. She stated that it is an honor to be with all of them at this time and she thanked her daughter and son-in-law for always being patient and loving and thanked her neighbor for the fireworks. She cannot wait to see what they can do together, adding that she knows her mother is looking down on her and proud. She asked if she should adjourn the meeting.

Councilmember O’Neill stated that there was public comment.

Mayor Bier opened public comments.

Mgmt. Analyst Montemayor introduced the public speakers.

Gaynorann Siataga, Pacifica, congratulated Mayor Bier, stating it is not easy to be a political official as they have a community that depends on the decisions she make and even the greatest leaders will rub someone the wrong way with every decision. She stated that they are one person in the community and they don’t give themselves the title of leader, but the community does. She is proud of Mayor Bier who has served the community wholeheartedly since she can remember.

She takes the time to show up, uplift, advocate, love and care for the betterment of all the community. She is honored to know her and congratulates her as she has earned it and it is welldeserved.

Nani Wilson, Pacifica, thanked Mayor Bier for being the life that she is and for her transparency, advocacy and doing what she does with her whole heart. She stated that our community has a bright future as they continue to navigate these waves of uncertainty and this is a perfect example at this time as how it is being done. She sits with honor and humility to pay witness to see that a community person can come into a position and help be the bridge to make our city better. She thanked her for being who she is, what she is, and sharing. She stated that her mother and family are very proud and she is also honored and proud of her.

Sue Digre, Pacifica, stated that Mayor Bier deserves to be where she is and can hear her mother clapping away and beaming broadly. She stated that it is never easy and is definitely an honor.

She stated that she has proven that she can do much and she has no doubt that she will be a good mayor.

ADJOURN
Mayor Bier adjourned the meeting at 9:48 p.m.

Transcribed by Barbara Medina, Public Meeting Stenographer.

Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Mary Bier, Mayor

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Attachment: Attachment A: Minutes of December 13, 2021 Meeting (4832 : Approval of Minutes)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/10/2022
1 SUBJECT:

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

RECOMMENDED ACTION:

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

STAFF CONTACT:

Sam Bautista, P.E., Deputy Director of Public Works
650-738-3767
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

On January 22, 2016, the Director of Emergency Services proclaimed the existence of a local emergency along the Pacifica coastline from Westline Drive to the end of Beach Boulevard due to El Nino storm activity. Extreme wave heights for extended periods of time caused top-of-bluff retreat at several locations along the Pacifica coast and damage to City infrastructure. Since this date, the Director of Emergency Services has proclaimed the existence of other local emergencies along this same stretch of coastline. These emergencies are described below:
• Failure of the sea wall and promenade on Beach Blvd. (in the vicinity of Santa Maria Avenue), which have been repaired, from the January 22, 2016 storm. • The 300 & 400 block of Esplanade experience episodic bluff erosion. In recent years (2016-2018), the bluff erosion has progressed to a point where the erosion is now threatening public infrastructure and utilities.
• Undermining of a seven-foot diameter storm drain outfall and concrete headwall for the discharge of Milagra Creek into the Pacific Ocean in the vicinity of 700 Palmetto Avenue from the January 22, 2016 storm. Construction is scheduled to restart in October of 2021 due to project delays.
• A failure of the seawall and promenade on Beach Blvd. in the vicinity of Santa Rosa Avenue and the Pier was discovered on December 16, 2020. Ocean waves, king tides, and high swells undermined a portion of the sea wall and created a large void between the pier abutment seawall connection, affecting the sidewalk and promenade. City staff and contractors stabilized and repaired the large void on January 22, 2021. The sidewalk and promenade restoration was completed on February 22, 2021. Monitoring of the repaired area is on-going.
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• On December 29, 2020, another failure of the seawall occurred approximately 150-200 feet north of the intersection of Beach Blvd. and Santa Rosa Avenue. A void, approximately 10’ deep by 15’ long, was found behind the seawall and was repaired with geotextiles and concrete slurry on January 5, 2021. Full restoration of this section was complete in February 2021. Monitoring of the repaired area is on-going. • On January 14, 2021, a combination of high tides and large waves damaged a forty-foot section of the Pacifica Municipal Pier’s west facing deck and concrete railing. Following this event, the Pier was closed due to safety concerns. City staff requested a structural engineering assessment of the above deck pier elements and a proposed repair and associated cost from a local engineering consultant. This information was provided to the City by the end of March 2021. The pier was reopened on April 2, 2021, but the damaged portion was fenced off for safety reasons. The City is currently moving forward with a repair project and is designing the repair. Construction will be funded by grant money provided through a Senate Bill 129. The City Council approved a resolution on December 13, 2021 to approve the application of the state grant funds for the repair of the pier.

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

Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on January 25, 2016, and since that time staff has brought the continuance of Proclamation confirming the existence of local emergency exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard every 30 days with December 13, 2021 being the most recent.

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

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

FISCAL IMPACT:

None.

ORIGINATED BY:

Engineering
City Clerk
ATTACHMENT LIST:
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January 10, 2022
Attachment 1 - Proclamation of Local Emergency Regarding Pacifica Coastline From Westline Drive to End of Beach Blvd (PDF)
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"ATTACHMENT 1"

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Attachment: Attachment 1 - Proclamation of Local Emergency Regarding Pacifica Coastline From Westline Drive to End of Beach Blvd [Revision "ATTACHMENT 1"

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Attachment: Attachment 1 - Proclamation of Local Emergency Regarding Pacifica Coastline From Westline Drive to End of Beach Blvd [Revision

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/10/2022
1 SUBJECT:

Continuation of Proclamation of Local Emergency at the Anza Pump Station.

RECOMMENDED ACTION:

Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.

STAFF CONTACT:

Lisa Petersen, P.E., Director of Public Works
(650) 738-3767
[email protected]
Sam Bautista, P.E., Deputy Director of Public Works / City Engineer (650) 738-3771
[email protected]
BACKGROUND/DISCUSSION:

On Monday, March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at the Pacifica State Beach. After Public Works staff investigated the report, it was determined that the storm drain pumping system was damaged during the fire.

The engine was destroyed, and the motors will need to be replaced. The damage to this pump station threatens the safety of persons and properties within the watershed due to the risk of flooding without an operational pump station.

The City of Pacifica’s Emergency Plan and Section 4-2.01 et seq. of the Pacifica Municipal Code empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when there is an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and properties within this City.

The proclamation is subject to ratification by the City Council within 7 days, pursuant to the Pacifica Municipal Code. The proclamation of the existence of a local emergency further designates the City Manager or designated representative to act on behalf of the City for public assistance and for individual assistance for purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain available State and Federal assistance.

Additionally, pursuant to Section 3-15.09 (A) of the Pacifica Municipal Code, in cases of an emergency the City Manager is authorized to proceed at once to replace or repair any public facility without adopting plans, specifications, or working details, or giving notice for bids to let contracts. The City must comply with Public Contract Code Section 22050, which provides a process for City Council’s review of the emergency action if notice of bids to let contracts for public projects will not be given because of the emergency.

In this case, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure, which 4 Packet Pg. 58
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requires immediate attention and constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code Section 1102.

Such conditions are, or are likely to be, beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency design and repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contracts. Immediate action is, and continues to be necessary, due to the clear and imminent danger presented by any storm event that could occur during the time the storm water pump station is non-functional. Flooding could occur to areas upstream of the pump station, causing health and safety issues, as well as extensive property damage. As such, on April 8, 2020, the City Manager did proclaim the existence of a local emergency within the City and the need to continue the emergency action continues as the repair will take approximately 8-14 months. The Proclamation of Local Emergency is attached to this staff report as Attachment 1.

City staff has contracted with the civil engineering firm of Schaaf & Wheeler of San Jose, California to assist the City with the rehabilitation of the pump station. In addition, the pump station has been cleared of any fire damaged debris and the pumps have been removed for evaluation. On July 13, 2020, the City Council approved construction services agreement for rebuild and re-installation of a pump and gear drive, the renovation of bathrooms, purchase and installation of new stainless-steel doors, and repair pump station wet-well grates. As part of the on-going maintenance for the pump station, staff is purchasing a new pump and it is scheduled for approval during this current August 9, 2021 City Council meeting. An emergency purchase agreement with Herc Rental for a temporary engine to test the existing pump inside the Anza Pump Station was also approved on September 1, 2020. On October 12, 2020, Field Services staff successfully tested the existing pump, and a temporary storm pumping system is now in place. In addition, a new pump, transfer switch, temporary roof, portable generator connections, and new exterior double doors have been installed. Staff is continuing to evaluate and monitor storm water flows and purchased two new sump pumps to accommodate flows.

On May 10, 2021, City Council approved the purchase of two new Caterpillar engines utilizing the City’s established Sourcewell Cooperative Purchase Agreement. The rehabilitation plan is currently 100% completed, and staff has completed the engineering review. The roofing plan was approved by the Building Department. Staff has also completed selection of the Construction Management firm which was from the established On-Call Construction Management list. Staff is preparing to take the plans, specifications, and construction management agreement to the City Council for approval soon and is in the process of discussing permitting requirements for the project with the California Coastal Commission. An application for gas service was also submitted to PG&E to re-establish natural gas service at the Anza Pump Station. Staff recently completed the field portion of a topographic survey to support the PG&E new gas service.

During a storm event on the morning of December 16, 2021, the City experienced minor flooding in the lower Linda Mar area due to the temporary nonstandard pumping system that has been in use at Anza pump station since the fire damaged the pump station engines in March of 2020. This temporary system has been in place because the City has been working to reach agreement with the California Coastal Commission on permitting requirements for the permanent pumping system. The City has faced two significant stormwater related events in less than two months and will face more with the continuing storm season. Replacement with this temporary system is considered an emergency and staff is moving forward with construction of the permanent system. Staff is currently working to get a contractor on board to complete the work. Additionally, staff has filed an emergency Coastal Development Permit request with the California Coastal Commission for installation of the new gas line needed to run the permanent pump engines and replacement of the third engine/pump that is in danger of failure due to age 4 Packet Pg. 59
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and required at the pump station for redundancy. Staff will continue to update the Council on the progress of this emergency work monthly through the emergency declaration Council reports.

Pursuant to Government Code Section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on April 13, 2020, and since that time staff has brought the continuance of Proclamation confirming the existence of local emergency at the Anza Pump Station every 30 days with December 13, 2021 being the most recent.

The City is using a combination of city staff, consultants and contractors to manage the emergency work related to the Anza Pump Station repair project. The City Manager recommends that the City Council make a determination that conditions of local emergency continue to exist at the Anza Pump Station at the Pacifica State Beach.

FISCAL IMPACT:

There is no fiscal impact to continue this local emergency.

ORIGINATED BY:

Engineering
ATTACHMENT LIST:

Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (PDF)
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RESOLUTION NO. 19-2020

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY AT THE

ANZA PUMP STATION AT THE PACIFICA STATE BEACH
______________________________________________________
WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code (“PMC”) designate the City Manager as the Director of Emergency Services; and
WHEREAS, Government Code section 8630 and PMC section 4-2.05(a) empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by an emergency, subject to ratification by the City Council; and
WHEREAS, Section 4-2.02 of the PMC defines "emergency" as the “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as earthquake, hazardous materials, plane crash, landslide, tsunami, epidemic, flood, riot, fire, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat”; and
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council; and WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated the report, it was determined that the storm drain pumping system was damaged during the fire and that the engine and the motors would need to be replaced; and
WHEREAS, the damage to this pump station threatens the safety of persons and properties within the watershed due to the risk of flooding that can occur without an operational pump station; and WHEREAS, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure due to the risk of flooding and requires immediate attention and repair and as such constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code section 1102; and WHEREAS, such conditions are beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contract,

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (4837 : Continuance pursuant to Public Contract Code 22050; and
WHEREAS, on April 8, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the damaged condition of the Anza Pump Station is likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and WHEREAS, in accordance with Government Code section 8630 and PMC section 4-2.05(a) the City Council must take action to confirm the proclamation within 7 and in accordance with Public Contract Code section 22050 which requires confirmation by 2/3 of Council within 14 days of the emergency action.

NOW, THEREFORE, BE IT RESOLVED that said Proclamation of Existence of Local Emergency, as issued by said City Manager in his capacity as Director of Emergency Services, which is attached hereto as Attachment “A”, is hereby ratified and approved by the City of Pacifica City Council.

BE IT FURTHER RESOLVED that said local emergency is confirmed to exist and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Pacifica.

BE IT FURTHER RESOLVED that during the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services, and the emergency organization of the City of Pacifica shall be those prescribed by state law, by the existing ordinances and resolutions of the City of Pacifica, as well as this resolution and any subsequent emergency orders of the City Council. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of April 2020, by the following vote:

AYES, Councilmembers: Martin, Beckmeyer, Vaterlaus, Bier, O’Neill NOES, Councilmembers: None.

ABSENT, Councilmembers: None.

ABSTAIN, Councilmembers: None.

CITY OF PACIFICA
Deirdre Martin, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (4837 : Continuance

PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council at the earliest possible time; and
WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a call regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated, and determined that the storm drain pumping system was damaged during the fire; and
WHEREAS, the damage to the pump system threatens the safety of persons and property, including critical public infrastructure; and
WHEREAS, such conditions are or are likely to be beyond the handling capabilities of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair; and
WHEREAS, the City provides this written notification to the San Mateo County and State CalEMA’s Regional and Headquarter offices of a proclamation of local emergency; and WHEREAS, such proclamation shall be subject to confirmation by the Pacifica City Council at the earliest possible time.

NOW, THEREFORE, BE IT PROCLAIMED that, in accordance with State Law and the City of Pacifica Municipal Code, the Director of Emergency Services proclaims the existence of a local emergency for the Anza Pump Station.

DATED: April 8, 2020
By:_____________________________
Kevin Woodhouse
Director of Emergency Services
Attachment 1

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (4837 : Continuance

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (4837 : Continuance

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/10/2022
1 SUBJECT:

Continuation of Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”).

RECOMMENDED ACTION:

Accept report and make a determination that conditions of local emergency continue to exist regarding Novel (new) Coronavirus ("COVID-19”).

STAFF CONTACT:

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

On March 16, 2020, the City Manager, acting in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency pursuant to PMC 4-2.05(a) and executed the "Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19")" ("Proclamation"). On March 18, 2020, the City Council of the City of Pacifica adopted Resolution No. 18-2020 to ratify the Proclamation of local emergency due to COVID-19 (Attachment 1). The City’s Proclamation was sent to San Mateo County Offices of Emergency Services and the California Governor’s Office of Emergency Services (CalOES) and allows the City to seek state and federal funds relating to the emergency.

This proclamation of local emergency was based on the following findings.

BACKGROUND:

On January 30, 2020, the World Health Organization (“WHO”) declared the COVID-19 outbreak a public health emergency of international concern. On January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States of America. The United States Centers for Disease Control and Prevention (“CDC”) determined the virus presents a serious public health threat, requiring coordination among state and local health departments to ensure readiness for potential health threats associated with the virus.

On March 3, 2020 both the Director of Emergency Services of the County of San Mateo and the San Mateo County Health Officer issued proclamations of local emergencies based on the imminent and proximate threat to public health from the introduction of COVID-19 in San Mateo County. The San Mateo County Board of Supervisors ratified both proclamations on March 10, 2020.
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On March 4, 2020 Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19.

On March 11, 2020 the WHO declared a global pandemic due to the significant spread of the virus and the increased numbers of confirmed cases worldwide.

On March 13, 2020, then President Donald J. Trump issued a Proclamation Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak finding that the COVID-19 outbreak in the United States constituted a national emergency, beginning as of March 1, 2020.

As of June 15, 2021, the California Governor terminated the Executive Orders that put into place the Stay Home Order and the Blueprint for a Safer Economy, and also phased out the majority of executive actions put in place since March 2020 as part of the pandemic response, leaving a subset of provisions in place that facilitate the ongoing recovery. Governor’s Orders currently in effect are N-07-21 and N-08-21, both adopted on June 11, 2021.

The California State Public Health Officer issued a new Order on June 11, 2021 to be effective June 15, 2021, which supercedes all prior State health orders. Restrictions that ended on June 15, 2021 include: physical distancing, capacity limits on businesses and the County tier system.

Starting on June 15, 2021, California reopened the economy and the state moved beyond the Blueprint for a Safer Economy system. All sectors listed in the current Blueprint returned to usual operations based on general public health recommendations. Starting on June 15, capacity and distancing restrictions were lifted for most businesses and activities.

In March 2020, the City closed public access to many City facilities, consistent with the State and County health orders in effect at that time. City operations continued with adjusted programs and services, staffing levels and modified operations to support a predominantly remote work model in order to protect public safety and to limit the potential for exposure to the COVID-19 virus. The City has further modified its operations and guidelines based on the orders and guidelines that went into effect on June 15, 2021.

Governor’s Executive Order N-08-21 continues modifications of the Brown Act to allow for local legislative bodies to hold meetings via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, and supercedes the provisions previously set forth in Executive Order N-29-20, paragraph 3. These provisions of Executive Order N-08-21, subsection 42 shall apply though September 30, 2021.

On August 2, 2021, the Health Officer of the County of San Mateo issued Order No. C19-12 mandating the wearing of face coverings when indoors in workplaces and public settings, with limited exceptions. This Order was issued due to evidence of the SARS-CoV-2 B.1.617.2 (Delta) variant circulating in San Mateo County. This variant is highly transmissable in indoor settings. San Mateo County Health Order No. C19-12 was ordered effective at 12:01 am on August 3, 2021 and will continue to be in effect until extended, rescinded, superceded, or amended in writing by the Health Officer.

On September 16, 2021, Assembly Bill 361 (AB 361) was signed by the Governor and went into effect immediately upon signature as urgency legislation (codified under Government Code § 54953). AB 361 amends the Brown Act to provide additional provisions that allow meetings of 5 Packet Pg. 66
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legislative bodies to be conducted via teleconference.

Order No. C19-12 issued on August 2, 2021 by the Health Officer of the County of San Mateo mandating the wearing of face coverings when indoors in workplaces and public settings remains in effect. The City's current practices at City facilities conform to the Health Order currently in effect.

CURRENT ANALYSIS:

In late November 2021, a new concerning COVID-19 variant has been discovered and identified as the Omicron variant. Scientists and medical professionals are still learning about the new variant. However, it is now clear that the Omicron variant spreads rapidly even amongst some vaccinated individuals.

On December 30, 2021, the California Department of Public Health issued Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public (Link). This guidance updates isolation and quarantine recommendations in alignment with recommendations from the Centers for Disease Control and Prevention (CDC), recommends additional mitigation measures to exit isolation and quarantine, and clarifies that fully-vaccinated persons who are booster-eligible, but have not yet received their booster dose are now recommended to quarantine per updated CDC recommendations. The San Mateo County Health Department may adopt stricter guidance but has not done so as of the date of this report.

The City is continuing to monitor State and County updates and actions related to COVID-19 response and anticipates that the financial and operational impact of the COVID-19 pandemic will continue for a significant period of time.

FISCAL IMPACT:

None by this action; however, continuation of the local emergency will facilitate the ability for the City to request resources including financial support and reimbursement from the State Office of Emergency Services (OES) and Federal Emergency Management Agency (FEMA) for costs incurred in preparation and/or response to the COVID-19 outbreak.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Attachment A: Resolution No 18-2020 - Ratifying Local Emergency Due to COVID-19 (PDF) 5 Packet Pg. 67

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Attachment: Attachment A: Resolution No 18-2020 - Ratifying Local Emergency Due to COVID-19 (4850 : Continuation of Proclamation of Local

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Attachment: Attachment A: Resolution No 18-2020 - Ratifying Local Emergency Due to COVID-19 (4850 : Continuation of Proclamation of Local

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Attachment: Attachment A: Resolution No 18-2020 - Ratifying Local Emergency Due to COVID-19 (4850 : Continuation of Proclamation of Local

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Attachment: Attachment A: Resolution No 18-2020 - Ratifying Local Emergency Due to COVID-19 (4850 : Continuation of Proclamation of Local

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Attachment: Attachment A: Resolution No 18-2020 - Ratifying Local Emergency Due to COVID-19 (4850 : Continuation of Proclamation of Local

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/10/2022
1 SUBJECT:

Consideration of a Resolution Making Findings as Required by AB 361 to Continue to Permit the City Council and the City’s Committees and Commissions to Conduct Teleconferenced Meetings Due to Health and Safety Concerns Relating to COVID-19 RECOMMENDED ACTION:

Move to adopt a Resolution making findings pursuant to AB 361 to authorize the City Council and the City’s Committees and Commissions to continue to conduct teleconferenced meetings due to health and safety concerns relating to COVID-19.

STAFF CONTACT:

Kevin Woodhouse, City Manager
650-738-7409
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

On March 4, 2020 Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19. On March 16, 2020, the City Manager, acting in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency pursuant to PMC 4-2.05(a) and executed the "Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19")" ("Proclamation"). On March 18, 2020, the City Council of the City of Pacifica adopted Resolution No. 18-2020 to ratify the Proclamation of local emergency due to COVID-19 and continues to affirm the existence of the local emergency.

Beginning with the Special City Council Meeting held on March 18, 2020 for the purpose of adopting Resolution No. 18-2020 ratifying the City Manager’s Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus (“COVID-19”), all City Council, Committee and Commission meetings have been held via videoconference using a Zoom Meeting or Zoom Webinar platform with no physical meeting location open to the public. The Governor’s Executive Orders N-25-20 and N-29-20 suspended certain requirements of the Brown Act to allow for public meetings to be held via teleconferenced meetings, either via audio or video or both, for all members of the body to participate from remote locations with no physical meeting location open to the public. The City of Pacifica has been holding public meetings of the City Council and City Committees and Commissions fully virtually via Zoom with 6 Packet Pg. 74
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no physical location open to the public since March 18, 2020 due to the COVID-19 pandemic as provided for under Governor’s Executive Orders suspending certain provisions of the Brown Act to allow for the virtual meeting format. Some Committee and Commission meetings had been initially suspended in the early months of the pandemic, but most have resumed meeting regularly via Zoom. The usage of Zoom to conduct public meetings remotely via teleconference has allowed the City to ensure the public’s continued access to meetings while also ensuring the public’s safety.

The Governor’s Executive Order N-08-21 on June 11, 2021 provided local jurisdictions a basis upon which to continue conducting public meetings via videoconference without a physical location open to the public under the relaxed provisions of the Brown Act until September 30, 2021.

On August 2, 2021, the Health Officer of the County of San Mateo issued Order No. C19-12 mandating the wearing of face coverings when indoors in workplaces and public settings, with limited exceptions. This Order was issued due to evidence of the SARS-CoV-2 B.1.617.2 (Delta) variant circulating in San Mateo County. This variant is highly transmissible in indoor settings. San Mateo County Health Order No. C19-12 was ordered effective at 12:01 am on August 3, 2021 and will continue to be in effect until extended, rescinded, superseded, or amended in writing by the Health Officer.

Assembly Bill 361 (AB 361) was signed by the Governor on September 16, 2021 and went into effect immediately upon signature as urgency legislation (codified under Government Code § 54953). AB 361 amends the Brown Act to provide additional provisions that allow meetings of legislative bodies to be conducted via teleconference. Its provisions allow a local agency legislative body to meet without complying with the standard teleconferencing requirements of the Brown Act if the Governor has proclaimed a State of Emergency and any of the following occurs:
1) State or local officials have imposed or recommended measures to promote social distancing,
2) the meeting is being held for the purposes of determining, by a majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees;
3) the legislative body has determined that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

In addition, AB 361 adds new procedures and clarifies the requirements for conducting remote meetings, including the following:
• Public Comment Opportunities in Real Time - a legislative body that meets remotely pursuant to AB 361 must allow members of the public to access the meeting via a call-in option or an internet-based service option, and the agenda for the remote meeting must provide an opportunity for members of the public to directly address the body in real time. A legislative body cannot require public comments to be submitted in advance of the meeting. • No Action During Disruptions - in the event of a disruption that prevents the local agency from broadcasting the remote meeting, or in the event of a disruption within the local agency’s 6 Packet Pg. 75
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control that prevents members of the public from offering public comments using the call-in option or internet-based service option, AB 361 prohibits the legislative body from taking any further action on items appearing on the meeting agenda until public access is restored. • Periodic Findings - Government Code § 54953(e)(B) requires the legislative body to hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees.

AB 361 will sunset on January 1, 2024.

DISCUSSION:

At the regular meeting of the City Council held on October 11, 2021, the City Council adopted Resolution No. 63-2021 making findings as required by AB 361 to permit the City Council and City Committees and Commissions to conduct teleconferenced meetings due to the health and safety concerns relating to COVID-19. The resolution also directed staff to agendize for Council consideration no less than every 30 days the need to continue to utilize teleconferenced meetings pursuant to AB 361. The City Council subsequently adopted Resolution No. 69-2021 on November 8, 2021 and Resolution No. 80-2021 on December 13, 2021 re-affirming the findings required by AB 361 to continue to conduct teleconferenced public meetings due to COVID-19 risk.

Since the adoption of Resolution No. 80-2021 at the City Council meeting held on December 13, 2021, the COVID-19 Omicron variant has continued to present a health and safety risk to the public. Scientists and medical professionals are still learning about the Omicron variant.

However, it is now clear that the Omicron variant spreads rapidly even amongst some vaccinated individuals. On December 30, 2021, the California Department of Public Health issued Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public in alignment with recommendations from the Centers for Disease Control and Prevention (CDC).

At this time, the City is still not able to ensure that social distancing requirements can be maintained by Councilmembers, Commissioners, Committee members and members of the public in Council Chambers or at other locations where City Committees and Commissions regularly meet while COVID-19 and variants remain a risk to public health. With the County mask mandate still in effect, this may present challenges to the public’s ability to clearly hear proceedings of meetings while speakers are wearing masks in meetings if conducted in-person.

The enclosed Resolution makes the required findings under AB 361, and if adopted, it will allow the City to continue to offer teleconference accessibility for public meetings, to help mitigate the spread of COVID-19, as well as during other state-proclaimed emergencies, such as earthquakes or wildfires, where physical attendance may present a risk. Staff recommends that the City Council adopt the attached Resolution to re-affirm the findings required by AB 361.

The resolution also directs staff to agendize for Council consideration no less than every 30 6 Packet Pg. 76
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days the need to continue to utilize teleconferenced meetings pursuant to AB 361.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
“An Engaged Community” - includes taking actions to restore trust in city government, expanding communication, and building community.
“Maintaining a Safe Community” - includes support our first responders (police, fire, public works), responding to emergencies, protecting people, property, businesses, and our infrastructure (streets, sidewalks, storm and waste water), and engaging in emergency preparedness and prevention activities.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Full text of AB 361 (PDF)
Attachment B: Resolution No. 18-2020 - Ratifying Local Emergency Due to COVID-19 (PDF) 6 Packet Pg. 77
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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA MAKING FINDINGS AS REQUIRED BY AB 361 TO PERMIT THE CITY COUNCIL AND CITY

COMMITTEES AND COMMISSIONS TO CONDUCT TELECONFERENCED MEETINGS DUE TO THE HEALTH AND SAFETY CONCERNS RELATING TO COVID-19 WHEREAS, on March 4, 2020, as part of the State of California’s response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 16, 2020, at 12:11 p.m., the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the rapidly widespread of COVID-19 is likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City and executed the “Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”)” (“Proclamation”); and WHEREAS, on March 18, 2020, the City Council of the City of Pacifica adopted Resolution No. 18-2020 ratifying the “Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”)”, which continues to remain in place; and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and
WHEREAS, on August 2, 2021, the Health Officer of the County of San Mateo issued Order No. C19-12 mandating the wearing of face coverings when indoors in workplaces and public settings, with limited exceptions due to the COVID-19 Delta variant circulating in San Mateo County and evidence of the Delta variant being highly transmissible in indoor settings; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and
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WHEREAS, the City of Pacifica has been conducting public meetings of City Council and City Committees and Commissions via teleconference since March 18, 2020 under the modified provisions of the Brown Act as allowed for by Governor’s Orders N-29-20, N-08-21 and/or N-15-21 in effect at the time; and
WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including:
• Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option;
• The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; • Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time;
• Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings; and
WHEREAS, on August 2, 2021, the Health Officer of the County of San Mateo issued Order No. C19-12 mandating the wearing of face coverings when indoors in workplaces and public settings, with limited exceptions. This Order was issued due to evidence of the SARS-CoV-2 B.1.617.2 (Delta) variant circulating in San Mateo County.

This variant is highly transmissible in indoor settings. San Mateo County Health Order No.

C19-12 was ordered effective at 12:01 am on August 3, 2021 and will continue to be in effect until extended, rescinded, superseded, or amended in writing by the Health Officer; and
WHEREAS, on October 11, 2021, November 8, 2021, and December 13, 2021, the 6 Packet Pg. 79
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City Council of the City of Pacifica adopted Resolution Nos. 63-2021, 69-2021, and 803- 2021, respectively, making findings as required by AB 361 to permit the City Council and City Commitees and Commissions to conduct teleconferenced meetings to due to public health and safety concerns related to COVID-19; and
WHEREAS, the COVID-19 Omicron variant has been observed by scientists and medical professionals to spread rapidly even amongst some vaccinated individuals and continues to present a health and safety risk to the general public; and WHEREAS, the City cannot ensure that social distancing requirements can be maintained by Councilmembers, Commissioners, Committee members and members of the public in Council Chambers or at other locations where City Committees and Commissions regularly meet for the duration of meetings while the COVID-19 Delta and Omicron variants remain a risk to public health.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica, California, as follows:

SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.

SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Commissions and Committees, City staff and consultants to meet safely in person.

SECTION 3. The State of California and the City of Pacifica continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating teleconferencing to allow for meaningful public participation options for all Pacifica constituents.

SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Council and the City Council appointed Committees and Commissions are authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby.

SECTION 5. The City Council determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council and appointed Committees and Commissions members to meet safely in person.

SECTION 6. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City 6 Packet Pg. 80
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Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

SECTION 7. Effective Date: This Resolution shall become effective immediately upon adoption.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 10th day of January, 2022, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 6 Packet Pg. 81
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel
’
s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.
92 Ch. 165 — 2 —

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 — 3 — Ch. 165

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4)  This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5)  This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6)  The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 Ch. 165 — 4 —

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b)  (1)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the legislative body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c)  A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 — 5 — Ch. 165

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) (2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website.
(f)  All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b)  (1)  For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the state body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c)  A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 Ch. 165 — 6 —

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f)  All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 — 7 — Ch. 165

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) 54953. (a)  All meetings of the legislati
ve body of a local agency shall
be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 — 9 — Ch. 165

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) (3)  If a state of emergency remains acti
ve, or state or local officials have
imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 — 11 — Ch. 165

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) shall participate from locations within the boundaries of the territory o ver
which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 Ch. 165 — 12 —

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19)

In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 — 13 — Ch. 165

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) the public to address the legislati
ve body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 Ch. 165 — 14 —

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ve body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 — 15 — Ch. 165

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 Ch. 165 — 16 —

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) legislati
ve body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 Ch. 165 — 18 —

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Attachment: Attachment A: Full text of AB 361 (4834 : Resolution - AB 361 to Permit Continuing Teleconferenced Meetings due to COVID-19) (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

O
92 — 19 — Ch. 165

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/10/2022
1 SUBJECT:

Adoption of a Resolution of the City Council of the City of Pacifica approving the First Amendment to the Lease Agreement between the City of Pacifica and Stephen Johnson Photography for the premises located at 1220-C Linda Mar Boulevard (located in the Pacifica Center for the Arts).

RECOMMENDED ACTION:

Move to adopt the Resolution of the City Council of the City of Pacifica approving the First Amendment to the Lease Agreement between the City of Pacifica and Stephen Johnson Photography for the premises located at 1220-C Linda Mar Boulevard (located in the Pacifica Center for the Arts); authorizing the City Manager to execute the First Amendment to the Lease Agreement; and finding the approval of the First Amendment to the Lease Agreement exempt from the California Environmental Quality Act (“CEQA”).

STAFF CONTACT:

Michael Perez, Parks, Beaches and Recreation Department Director (650) 738-7381
[email protected]
BACKGROUND/DISCUSSION:

Stephen Johnson Photography has been leasing the premises at 1220-C Linda Mar (“Premises”) for 17 years, functioning as an upscale photography studio, gallery, and teaching facility.

The initial term of the current Lease, which was dated as of October 28, 2019, was for a period of one (1) year with two (2) options to renew for additional one (1) year periods, for a total of three (3) years. The monthly Base Rent was $2,079.35 per month for a total of $24,952.20 per year. During the Initial Term of the Lease and the first extension, a portion of the Base Rent was adjusted based on professional photographic services rendered by Mr. Johnson to the City thereby reducing the Base Rent by a total amount of twelve thousand dollars ($12,000) per year. (“Base Rent Adjustment”). This Base Rent Adjustment option was exercised by the City in year two. The City and Stephen Johnson Photography wish to amend the current lease to allow for the continuation of an offset to rent via photographic services through the final year of the lease which is due to expire on October 31, 2022, unless otherwise terminated per the existing lease provisions.

CEQA:

The First Amendment to the Lease is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to the statute (Public Resources Code Section 21000, et seq.) and the CEQA Guidelines (14 Cal. Code Regs. 15000 et. seq.), under Section 15301 as a Class 2 Categorical Exemption as there will be no expansion of previous use beyond that existing at the time of the City’s determination.

ALTERNATIVE ACTION:

The City Council may choose not to approve the First Amendment to the Lease, in which case, the provisions of the Lease will remain intact.
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RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

This action helps to support Fiscal Sustainability and Stewardship of City Infrastructure. “Fiscal Sustainability” includes investing in economic development to increase revenues, funding a reserve/emergency fund, and being well prepared for grant opportunities. “Stewardship of City Infrastructure” includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise.

FISCAL IMPACT:

Annual revenue in the amount of $13,960.

ORIGINATED BY:

Parks, Beaches & Recreation Department
ATTACHMENT LIST:

FIRST AMENDMENT TO TENANT LEASE.v2 (003) with exhibit Jan 2022-sj (PDF) 7 Packet Pg. 108
Pacifica City Council 3
January 10, 2022
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

APPROVING THE FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE

CITY OF PACIFICA AND STEPHEN JOHNSON PHOTOGRAPHY FOR THE PREMISES LOCATED AT 1220-C LINDA MAR BOULEVARD (LOCATED IN THE PACIFICA CENTER FOR THE ARTS FACILITY).

WHEREAS, City is the owner of the property located at 1220 Linda Mar Boulevard, Pacifica, California, depicted on Exhibit A attached hereto (“Premises”); and WHEREAS, Stephen Johnson Photography has leased the Premises located on this property for 17 years, functioning as an upscale photography studio, gallery and teaching facility; and
WHEREAS, the City and Stephen Johnson Photography wish to amend the current lease to allow for the continuation of an offset to rent via photographic services through the final year of the lease; and
WHEREAS, the City desires to implement a First Amendment to the Lease Agreement with Stephen Johnson Photography for use of the Premises.

NOW, THEREFORE, THE PACIFICA CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

1. The City Council hereby finds that the First Amendment to the Lease is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to the statute (Public Resources Code Section 21000, et seq.) and the CEQA Guidelines (14 Cal.

Code Regs. 15000 et. seq.), under Section 15301 as a Class 2 Categorical Exemption as there will be no expansion of previous use beyond that existing at the time of the City’s determination.

2. The City Council herby approves the First Amendment to the Lease Agreement between the City of Pacifica and Stephen Johnson Photography, attached hereto.

3. The City Manager is hereby authorized to execute the First Amendment to the Lease Agreement in the form attached hereto as Exhibit A, with minor revisions that may be approved by the City Manager and City Attorney, and to execute any other necessary documents to effectuate the terms of the First Amendment to the Lease Agreement and take all steps necessary to carry it into effect.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 10th day of January, 2022, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Mary Bier, Mayor
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ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 7 Packet Pg. 110

FIRST AMENDMENT TO TENANT LEASE
By and Between

CITY OF PACIFICA
a municipal corporation of the State of California
(“Landlord”)
And

STEPHEN JOHNSON PHOTOGRAPHY
a sole proprietorship
(“Tenant”)
Dated: November 1, 2021

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Packet Pg. 111 Attachment: FIRST AMENDMENT TO TENANT LEASE.v2 (003) with exhibit Jan 2022-sj (4839 : Approval of First Amendment to the Stephen This First Amendment to Tenant Lease (this “First Amendment”) is made and entered into effective as of November 1, 2021 (“Effective Date”) by and between the City of Pacifica, a municipal corporation of the State of California (“Landlord”) and Stephen Johnson Photography, a sole proprietorship wholly owned by Stephen Johnson, an individual (“Tenant”).

Section 1. Subsection 3.2 of that certain Lease Agreement, dated as of October 28, 2019 (“Lease Agreement”), by and between Landlord and Tenant, is amended to read as follows:
“3.2 Base Rent; Rent. The monthly Base Rent for the Initial Term shall be Two thousand seventy nine dollars and 35/100 cents ($2,079.35), for a total of Twenty four thousand nine hundred fifty two dollars and 20/100 cents ($24,952.20) per year

3.2.1 Base Rent Adjustment for Photographic Services Rendered. During the Initial Term and each Extended Term, a portion of the Base Rent shall be adjusted based on professional photographic services rendered by Tenant to Landlord reducing the Base Rent by a total amount of twelve thousand dollars ($12,000) per year (“Base Rent Adjustment”).
(i) The Tenant shall render the photographic services based on the hourly rates and Terms of Use identified in Exhibit C, attached hereto and hereinafter incorporated by reference (“Photographic Services”). Landlord shall request specific Photographic Services from time to time either through a written or verbal request to Tenant and Tenant shall provide those Photographic Services to Landlord in the manner and timeframe requested by Landlord. (ii) Tenant shall perform the requested Photographic Services in a timely and professional manner and Tenant shall, at Landlord’s request, provide an accounting of Photographic Services rendered to determine the amount of Photographic Services rendered for the period requested.
(iii) Tenant shall at all times provide the Photographic Services as an independent contractor and shall at no time be considered an employee, volunteer or agent of the Landlord.
(iv) Except to the extent caused by Landlord's sole or active negligence, Tenant shall indemnify, defend and hold Landlord harmless from any claims, causes of action, liabilities, losses, damages, injunctions, suits, fines, penalties, costs or expenses (including attorneys' fees and expenses) caused or alleged to have been caused by Tenant’s Photographic Services, including, without limitation, any personal injury, death, property damage, caused or alleged to have been caused by Tenant’s Photographic Services, whether such claims, causes of action or liabilities are first asserted during the Term or thereafter, and including without limitation, claims made against Landlord with respect to personal injury,

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Packet Pg. 112 Attachment: FIRST AMENDMENT TO TENANT LEASE.v2 (003) with exhibit Jan 2022-sj (4839 : Approval of First Amendment to the Stephen death or property damage sustained by third parties caused or alleged to have been caused by Tenant's obligations under this Lease to provide Photographic Services. Tenant's obligations under this Section 3.2 shall survive the expiration or earlier termination of this Lease.”

3.2.2 Intentionally omitted.

3.2.3 Intentionally omitted.

3.2.4 Landlord may terminate the Base Rent Adjustment during the Initial Term or any Extended Term, if the Landlord, in its sole discretion, determines that the Photographic Services are unsatisfactory or unnecessary, and may terminate the Base Rent Adjustment upon providing thirty (30) days written notice to Tenant. If Landlord terminates the Base Rent Adjustment pursuant to this provision Tenant shall receive a Base Rent Adjustment for those photographic services rendered up to the written notice date and commence paying the full Base Rent on the first day of the month following said written notice unless otherwise identified. Tenant shall also have the option to terminate the Agreement pursuant to Section

19.1 upon written notice from Landlord of termination of the Base Rent Adjustment.

Section 2. Subsection 3.4 of the Lease Agreement is amended to read as follows:
“3.4 Base Rent Annual Increase. Beginning on the commencement of the Extended Terms, if any, the Base Rent for the ensuing twelve (12) month period shall be as follows:

3.4.1 First Extended Term: $2,120.93 per month for a total of $25,451.24 per year.

3.4.2 Second Extended Term: $2,143.35 per month for a total of $25,720.20 per year.

Section 3. Exhibit C to the Lease Agreement shall be replaced in its entirety with the Exhibit C attached hereto.

Section 4. Except as otherwise amended herein, all terms and conditions of the Lease Agreement, including Exhibits attached thereto shall remain in full force and effect. [Signatures are set forth on following page.]

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Exhibit C

PHOTOGRAPHIC SERVICES
In accordance with
1) Create and organize a portfolio of photographs (all photographs provided in digital format) 2) Create new aerial photograph* of the City of Pacifica 3) Aerial photographs of shopping districts (Approximately 11-12 shopping districts) 4) Various Photographs depicting various scenes occurring within the City of Pacifica:
o Events/crowds in City of Pacifica
o Various recreational activities in City of Pacifica
o Dining/relaxing in City of Pacifica
o Shopping in City of Pacifica
o Photographs of essence/highlights of various neighborhoods (Fairmont East and West, Manor, Sharp Park, Fairway East and West, Rockaway, Vallemar, Linda Mar, Park Pacifica, Pedro Point, etc.
o Photographs of different coastal areas (Cliffs at north end of City, bluffs along Esplanade, Sharp Park sea walls, Sharp Park levee, Mori Point, Rockaway, Linda Mar beach) (possibly taken from a boat**)
o Photographs of City Facilities
o Photographs of City services in action such as Parks, Beaches and Recreation, Public Works, Police, Fire, etc.
o Pictures of Palmetto revitalization
o Photographs as requested by City staff
5) From time to time Tenant may provide a selection of photographs and City staff may select individual photographs for City Driven Use, subject to Terms of Use of Photographs at the “per photograph” Rate identified below, which amount shall be credited against the Base Rent Adjustment for Photographic Services Rendered as described in Section 3.2.1. 6) Photography Workshops to City Staff
Rates
Photography Services- $125/hour
Workshop Services-$1,250/day
Per Photograph-$100
Terms of Use of Photographs
1) Tenant grants to Landlord a perpetual, non-exclusive license to use the photographs taken and provided to Landlord pursuant to the Agreement and this Exhibit C for any “City Driven Use.” “City Driven Use” shall mean any use which is determined by the Landlord, in its sole discretion, to be for appropriate City purposes. Revocation of said license and termination of the Landlord’s

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use of the photographs shall only occur if the photographs are utilized for something other than a City Driven Use.
2) Landlord may not intentionally manipulate the content of any photographs provided as part of the Photographic Services.
3) Landlord will make efforts to give photo credit to Tenant when possible and practicable. 4) Landlord will make efforts to preserve the metadata contained within the photographs provided to City as part of the Photographic Services.
5) Landlord shall not be liable for any failure of a third party to comply with these Terms of Use and any failure of a third party to comply with these Terms of Use shall not result in a revocation of the Landlord’s license to use of the photographs.
6) Landlord shall not sell any photographs provided as part of the Photographic Services to any third party for a profit.
*Aerial photographs shall be billed at hourly rate and costs relating to rental of an airplane or helicopter shall be additional and negotiated with the City of Pacifica in advance. **Photographs taken by a boat shall be billed at the hourly rate and costs relating to rental of a boat shall be additional and negotiated with the City of Pacifica in advance.

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Packet Pg. 116 Attachment: FIRST AMENDMENT TO TENANT LEASE.v2 (003) with exhibit Jan 2022-sj (4839 : Approval of First Amendment to the Stephen

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/10/2022
1 SUBJECT:

Notice of Completion for the Serra Drive Outfall Repair Project and approval of Amendment No. 1 for Inspection Services and approval of Amendment No. 2 for Design & Environmental Services
RECOMMENDED ACTION:

Adopt the resolution next in order a Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the Serra Drive Outfall Repair Project; and Authorize the City Manager to release the retention funds to the contractor; and approve Amendment No. 1 for Construction Inspection Services; and approve Amendment No. 2 for Design and Environmental Services.

STAFF CONTACT:

Lawrence Henriquez, P.E., Associate Civil Engineer
(650) 738-3772
[email protected]
Sam Bautista, P.E., DPW Deputy Director/City Engineer
(650) 738-3771
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

In January 2017, the property located at 1411 Serra Drive was impacted by a landslide to the rear of the property due to high flows from San Pedro Creek and heavy rainfall. The City maintains storm drainage improvements located within the boundary of the 1411 Serra Drive property that were affected by the incident. Pursuant to a Mutual Release and Settlement Agreement between the City and the owner of 1411 Serra Drive, the City agreed to repair its infrastructure, which is located to the rear of the 1411 Serra Drive property (APN 023-261-310) and adjacent to the San Pedro Creek. The project included the repair of an existing concrete storm drainpipe and headwall situated behind two private residences (1407 & 1411 Serra Drive) along San Pedro Creek. Project components included the removal of the existing damaged headwall, high density polyethylene pipe (HDPE), and spillway. A new reinforced concrete headwall, wingwall, wall footings, spillway, piers, grouted rock rip-rap energy dissipator and a new 15” HDPE storm pipe were installed. In addition, the City and it's consultant and sub-consultant, Woodard & Curran and WRA, respectively, were coordinating environmental and biological permitting requirements with the California Department of Fish and Wildlife Services, the United States Department of Fish and Wildlife Services, and the United States Army Corps of Engineers.
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DESIGN & ENVIRONMENTAL SERVICES:

In January 2020, staff held a meeting with Woodard & Curran (design consultant) and the California Department of Fish and Wildlife (CFWS) at 1411 Serra Drive. Following CFWS’s assessment of the project design conditions it was determined that a CEQA Categorical Exclusion could not be granted and instead the more rigorous Initial Study/Mitigated Negative Declaration (IS/MND) would be required. The additional work was not part of the original scope of work by Woodard & Curran, which necessitated Amendment No. 1 and was approved by City Council on July 13, 2020 to include preparation of an Initial Study/Mitigated Negative Declaration, Bid Services, and additional Engineering Services. Consequently, in order to finalize the permitting and CEQA IS/MND, Amendment No. 2 (Attachment A) was requested with an additional task for construction support and specialized monitoring services during the construction phase in the amount of $111,285. Other project components were needed which required more effort to respond to than initially expected. These included the development of a revegetation plan, additional mitigation strategies for in-stream work, additional meetings/communications with agencies, and coordination costs. The specialized monitoring services were comprised of biological monitoring, which included fish relocation efforts, additional red-legged frog monitoring, and all required reporting. This amendment was instrumental in ensuring that the construction progressed without delays. The City Manager recommends the approval of Amendment No. 2 for the additional construction support and specialized monitoring services during construction.

CONSTRUCTION:

On May 24, 2021, Council authorized the City Manager to Award and Execute a Construction Services Agreement in an Amount Not to Exceed $463,100, including contingencies and change orders; and authorized staff to execute future change orders in an amount not to exceed twenty percent (20%) of the contract award amount for the Serra Drive Outfall Repair Project located in the easement at 1411 Serra Drive. The project was bid through the City’s ProcureNow Online Bidding System on June 3, 2021 with bids opened on June 30, 2021. The lowest bidder was Sandstone Environmental Engineering, Inc. with a bid of $304,100.

On August 9, 2021 Council approved a Consultant Services Agreement between the City of Pacifica and 4LEAF, Inc. in the amount of $55,835, which covered the contractor’s proposed 40 working day construction schedule, for Construction Inspection Services for the project.

During the course of construction, the contractor encountered difficulty drilling the seven (7) 30-foot-deep reinforced concrete piers to support the headwall and spillway due to high groundwater conditions. Staff met with the United States Department of Fish & Wildlife Services (USFWS) and US Army Corps of Engineers (USACE), which required additional construction inspection during weekends of the affected construction area. Working within the creek, construction timelines are very restrictive, and time is of the essence. If the construction was not completed by October 31, 2021, there was a potential for USFWS to suspend construction until April 1, 2022. However, the USFWS granted weekly permit extensions beyond October 31, 2021 to the final date of November 23, 2021 based on the City providing the additional construction inspection services to the end of construction. Staff asked 4LEAF to provide an amendment for additional inspection services per USFWS and USACE requirements. Amendment No. 1 (Attachment B) was in an amount of $40,014 to perform weekend inspections of the creek and to continue daily inspection services, surpassing the contractor’s original proposed 40-day construction timeline. The Project began construction during the week of August 9, 2021 and was successfully completed on November 23, 2021.

The City Manager recommends the approval of Amendment No. 1 for the additional construction inspection services.

The table below summarizes the actual construction schedule:
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Description Date
Council Approval of Plans and Authorize Bidding May 24, 2021 City Manager Award of Construction Agreement July 7, 2021 Construction Start August 9, 2021
Construction End November 23, 2021
As the project is now complete and staff is satisfied with the contractor’s work on the project, it is appropriate to record the formal Notice of Completion with the San Mateo County Recorder's Office. This recorded document is the legal notice that the City considers the project complete and that we intend to pay the contractor for the full and complete contract price. This also puts all subcontractors and suppliers on notice that if they have any claims for payment from the contractor, they have 30 days to file claims for payment against the City. This provision of contract law protects subcontractors from contractors who may not pay them properly. It also protects the City from claims regarding any nonpayment on the behalf of the contractor. The City withheld 5% of the contract amount, $16,055.00, as retention to make sure that all subcontractors and suppliers have been paid. The City will release the retention if no claims are received.

The City Manager is recommending the adoption of the attached resolution accepting completion of the project and the filing of the Notice of Completion (Attachment C) with the San Mateo County Recorder's Office.

ALTERNATIVE ACTION:

Council may choose not to adopt the resolution accepting completion of the project, but as the work has been satisfactorily completed, the contractor may file a claim against the City for nonpayment of retention if there are no claims.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Adoption of the resolution accepting completion of the project is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise.
• Maintaining a Safe Community: includes supporting our first responders (police, fire, public works), responding to emergencies, protecting people, property, businesses, and our infrastructure (streets, sidewalks, storm, and wastewater), and engaging in emergency preparedness and prevention activities.

This project replaced a City-owned damaged storm drain outfall structure at the back property of 1411 Serra Drive, which will provide the neighborhood with an operable storm drainage system.

FISCAL IMPACT:

The expended funds will be reimbursed by the City’s insurance carrier. The following table is the 8 Packet Pg. 119
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January 10, 2022
source and use of funds for the Project:

Total Project Source and Use of Funds
General Capital Improvement Fund 19 (Design) $ 475,811.00 General Capital Improvement Fund 22 (Construction) $ 463,100.00 Total Source of Funds $ 938,911.00
Actual Design (includes Amendment No. 2) $ (475,811.00) Actual Construction $ (321,100.00)
Materials Testing and Rebar Inspections $ (15,532.32)
4LEAF Inspection Services (includes Amendment No. 1) $ (92,365.84) Total Use of Funds $ (904,809.16)
Estimated Project End Balance $ 34,101.84
ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment A - Amendment No. 2 - Woodard & Curran - Design and Enviromental Services (PDF)
Attachment B - Amendment No. 1 - 4Leaf - Construction Inspection Services (PDF) Attachment C - Serra Drive Outfall Repair Project Notice of Completion (PDF) 8 Packet Pg. 120
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January 10, 2022
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

ACCEPTING COMPLETION AND DIRECTING THE CITY MANAGER TO FILE

A NOTICE OF COMPLETION FOR THE

SERRA DRIVE OUTFALL REPAIR PROJECT
_____________________________________________________________________ RESOLVED by the City Council of the City of Pacifica, California, that WHEREAS, the City Engineer of the said City has filed with the City Clerk of said City, his Certificate as to the completion of all of the work provided to be done under and pursuant to the contract between said City and Sandstone Environmental Engineering, Inc. on January 10, 2022, and
WHEREAS, it appears to the satisfaction of this Council that said work under said contract has been fully completed as provided in said contract and the plans and specifications therein referred to,
NOW, THEREFORE, it is ordered as follows:

1. That acceptance of completion of said work be, and it is hereby, made and ordered.

2. That the City Manager is directed to file for record with the County Recorder of the County of San Mateo, Notice of Completion thereof, pursuant to Section 3093 of the Civil Code of the State of California.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 10th day of January, 2022, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 8 Packet Pg. 121

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Packet Pg. 122 Attachment: Attachment A - Amendment No. 2 - Woodard & Curran - Design and Enviromental Services (4838 : Serra Drive Outfall Repair

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Packet Pg. 124 Attachment: Attachment A - Amendment No. 2 - Woodard & Curran - Design and Enviromental Services (4838 : Serra Drive Outfall Repair

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Packet Pg. 125 Attachment: Attachment A - Amendment No. 2 - Woodard & Curran - Design and Enviromental Services (4838 : Serra Drive Outfall Repair

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Packet Pg. 126 Attachment: Attachment A - Amendment No. 2 - Woodard & Curran - Design and Enviromental Services (4838 : Serra Drive Outfall Repair

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Packet Pg. 127 Attachment: Attachment A - Amendment No. 2 - Woodard & Curran - Design and Enviromental Services (4838 : Serra Drive Outfall Repair

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Packet Pg. 128 Attachment: Attachment A - Amendment No. 2 - Woodard & Curran - Design and Enviromental Services (4838 : Serra Drive Outfall Repair Consultant Services Agreement
4LEAF, Inc.

Amendment #1
OAK #4817-6120-9406 v3

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Pacifica City CouncilJanuary 10, 2022

Pacifica City Council
January 10, 2022