CITY OF PACIFICA
CITY COUNCIL MINUTES
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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
Mayor Mary Bier called the meeting to order on January 10, 2022 at 6:02 PM 6:00 PM - OPEN STUDY SESSION
Mayor Bier called the meeting to order at 6:02 p.m., stating that the Council would meet in Open Study Session. City Clerk Coffey announced the business to be discussed would be conducted by teleconference only pursuant to Government Code Section 54953 (as amended by AB 361).
Mayor Bier asked if she wanted to mention the conditions for public participation.
City Clerk Coffey explained the conditions for having Planning Commission meetings pursuant to Government Code Section 54953 (as amended by AB 361), to conduct necessary business as an essential governmental function as a teleconference meeting with no meeting location open to the public. She also gave information on how to present public comments participating by Zoom or phone.
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.
PW Dep. Director Bautista introduce the subject of the staff report, then introduced Dave Fribush from Peninsula Clean Energy who would give the presentation.
Dave Fribush stated that Rafael Reyes of Peninsula Clean Energy would begin the presentation.
Rafael Reyes began the presentation.
Mr. Fribush continued the presentation.
Mr. Reyes completed the presentation.
City Council Regular Meeting 2 January 10, 2022
City Manager Woodhouse clarified that this is a study session, and they intended to get a go ahead from Council for the next agenda for PCE to bring the resolution referenced for Council approval, or whatever documents are ready to meet PCE’s commitment needs. He stated that they don’t have the resolution for approval on this agenda and it will be a follow up item.
Councilmember Beckmeyer thought the presentation was very informative and she concluded that it was a 20-year project. She asked for some clarifications on battery life, etc..
Mr. Fribush responded that the panel life is 25-30 years but will probably last longer with parts warranted to 25 years and PPA agreement would be 20 years.
Mr. Reyes added that, regarding the additional 5-10 years, Pacifica would derive 100% of utility savings and savings are going to be more than presented in the 20-year time frame. He stated most ownership cases transfer to the city but can be part of the discussion.
Mr. Fribush stated that the battery lives are shorter, generally warranted for 10 years, and batter life depends on how much the battery is used.
Councilmember Vaterlaus acknowledged it was under warrantee until they own the system, and she concluded that, if a better system comes along, they are stuck with the same system, and referred to the photovoltaic system which is less expensive. She asked what money this will come from and also asked if, after the 20 years, we are responsible for repairs.
Mr. Fribush responded that this was standard rooftop solar system and technology hasn’t changed much in 30 years and he didn’t expect radical changes but thought the battery technology would change. He stated that, for the solar, there is no upfront cost but there would need a pot of money for the battery. Regarding repairs, one option would be a maintenance agreement for after 20 years. He didn’t think there was much solar maintenance, but at that point they are capturing the full savings of the systems, so as the savings are going up, you are still coming out ahead.
Mayor Bier opened public comments.
City Clerk Coffey Introduced the speakers.
Bob Boles, Pacifica, urged Council to not only put batteries in but to the maximum extent feasible to deal with various possible issues and get the best pricing.
Ned Bitar, Pacifica, stated he had concerns about the process of paying off costs and thought they should go with a firm that they have confidence in regarding their products and skills.
Mayor Bier closed public comments.
Councilmember O’Neill asked if there was an estimate of the annual maintenance cost for the panels due to exposure from the ocean.
Mr. Fribush stated that the maintenance would be covered by PCE and incorporated in the project and if it went to not saving money, they wouldn’t move forward.
Mr. Reyes added that PCE wasn’t doing the installation and maintenance, but additional maintenance costs would be borne by PCE through their contract with a well-established known City Council Regular Meeting 3 January 10, 2022
installer and maintenance company who specializes in solar installations. He stated that performance expectations would be put in and if the solar panel performance declines, they would ask their vendor to address any performance issues, i.e., repairs, etc., during the 20-year period.
Councilmember O’Neill concluded they were only indicating that they want to explore this option but the final contract would be considered at a later Council meeting.
City Manager Woodhouse agreed, including a decision of battery issues would also come at a future decision.
Councilmember O’Neill asked how old the existing roof is on the Community Center.
Mr. Fribush stated they this was the only building where they did a structural assessment of the roof to be sure it could support the panels but they would want to revisit that to make sure any planned maintenance is pulled forward prior to the installation.
Councilmember O’Neill stated that he has walked around the building and has seen some rebar on the side walls from the concrete, which was a concern with additional weight on the building.
He was for solar energy and mentioned dealing with solar energy when remodeling the schools and acknowledged that the technology has changed since then. He questioned who would be responsible if something happens and they need to put a new roof on in five years.
Mr. Fribush stated that they will be bringing in experts and, when they look at the project, if they see issues that were missed, they might acknowledge it. He referred to who would bear the cost if the roof must be repaired in a few years, stating that it would depend on what caused the roof issue. If it was unexpected, it would be an insurance claim, but he would be wary of offering too much conjecture at this time as it would depend on the circumstances. They would want to plan for planned maintenance, but something else was unsure.
Councilmember O’Neill asked if PW Dep. Director Bautista wanted to respond to how old the roof is.
PW Dep. Director Bautista doesn’t know how old it is, but thought it was done about five years ago when former Field Services Manager Biagini was here, before he got to the city which was almost eight years ago.
Councilmember O’Neill asked if, when they come back with this item, possibly in January, he could find out how old the roof is. When they come back with a proposal, they would have access to the analysis of general upkeep.
City Manager Woodhouse suggested that, when they come back with the resolution, they could include information about when the roof was last upgraded. He thought the concrete falling spalling was probably more cosmetic than structural, but they will see what information they have.
Mayor pro Tem Bigstyck was in favor of bringing the resolution back. He thought they were a Council that tends to favor having more information than less, such as about the roof, batteries, etc. He referred to Councilmember O’Neill’s comment and stated that, as he works in the Linda Mar Center near the ocean, and on a daily basis, he has to use his windshield wiper fluid and he thought it was salt from the sea breeze which could be something that also impacts the City Council Regular Meeting 4 January 10, 2022
photovoltaics. He didn’t know if that has been included in the calculations, but it could be advantageous to their final decision.
Councilmember Beckmeyer was also thinking about the maintenance and one area that might have some enlightenment is that they have panels at the wastewater treatment facility in the quarry and they have asked that question around those panels. She stated that things happen, but if it entails a staff cost for cleaning them to perform optimally, that would be important for them to know.
Councilmember O’Neill thought they have solar panels on Council Chambers and he never heard of any issues from that. He didn’t want to be negative, but the Community Center has more people and more usage, and for that to be an issue is more critical. He thought they were going to upgrade with new solar panels at the wastewater treatment plant as he thought those were 15-20% of the power and today’s technology can bring it to 50%.
PW Dep. Director Bautista stated he wasn’t the project manager on the solar panels but he agreed technology is better now and the output of the solar panels are much greater and the original system was probably about 20% and at least double now, and cheaper as well.
Mayor Bier agreed with what Mr. Boles said as she was concerned about the battery, and thought getting the maximum of the battery and hoped they could get as much information as possible on batteries and choices available. She thought they should move forward.
Councilmember Beckmeyer agrees, adding that because they designated the Community Center as a cooling center on the rare days when they need it, she stated that the swamp cooler takes a lot of power so the maximum battery to extend that 4-hour backup to 16 or more would be great.
Mr. Fribush wanted to be clear about the 4-hour battery which is if the battery is being used at full power. The existing battery would be expected to be effectively a 16-hour battery based on the historical usage of the building.
Councilmember Vaterlaus agreed, stating that with the extended power outages, people used the community center to do things they couldn’t do at home that were urgent such as charging their phones. She agreed that, if doing this project, they will need the batteries.
Mayor Bier asked if the City Manager had enough direction.
City Manager Woodhouse was hearing consensus from Council to move forward and work with PCE to bring a commitment resolution back.
Mayor Bier thanked Mr. Fribush and Mr. Reyes for their presentation, adding that the PCE is very important.
RESULT: NO VOTE REQUIRED
Mayor Bier called for a short break.
City Council Regular Meeting 5 January 10, 2022
7:00 PM OPEN SESSION
Call to Order
Mayor Bier reconvened for the regular meeting at 7:00 p.m.
Attendee Name Title Status Arrived
Mary Bier Mayor Present
Tygarjas Bigstyck Mayor Pro Tem Present
Mike O'Neill Councilmember Present
Sue Vaterlaus Councilmember Present
Sue Beckmeyer 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; Sam Bautista, PW Dep. Director; Michael Perez, PB&R Director; Yulia Carter, Chief Financial Sustainability Officer; Tommy Yu, IT Manager; Josh Montemayor, Management 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.
Reading of Land Acknowledgment
Mayor Bier read the Land Acknowledgement.
Mayor Bier then asked the City Clerk if she should explain the change in order of agenda at this time.
City Clerk Coffey stated that she should explain the agenda for the public hearing.
Mayor Bier then explained that Agenda Item #9 for redistricting must be held at 7:30 PM or soon thereafter following completion of the pending business items, i.e., consent calendar, and all other items will be after the public hearing and consideration items will be after communications.
Items pulled from consent would be heard during the consideration portion of the meeting.
Salute to the Flag led by Mayor Bier
City Council Regular Meeting 6 January 10, 2022
CONSENT CALENDAR
Mayor Bier asked if there were any Councilmembers wanting to pull any items and, seeing no one, opened public comments.
Mgmt. Analyst Montemayor introduced the speakers.
Dan Stegink, Pacifica, stated he was speaking on Item #4. He referred to emails between Wastewater Dept., Public Works and Linda Mar residents and a question between City Council and Public Works regarding Linda Mar flooding. He mentioned all the serious problems with the flooding and possible repercussions if not addressed, and asked Council to take care of the problem.
Mark Hubbell, Pacifica, stated he wanted to speak on the process not the content of recent documents, i.e., General Plan and EIR.
Mayor Bier stated that it would have to be under Oral Communications later in the agenda and she will let him know.
Councilmember Beckmeyer referred to the minutes of December 13, 2021, stating on packet page 22, she wanted to check on the second to last paragraph, stating that it references “public engagement fees”, and she thought Mayor Bier said “public engagement piece”, and she wanted to verify if that was correct, she would like to request that it be a slight amendment to the minutes.
Mayor Bier agreed with the amendment.
Councilmember Beckmeyer moved approval of the consent calendar as amended; seconded by Mayor pro Tem Bigstyck.
City Clerk Coffey took a vote by verbal roll call.
CONSENT CALENDAR (incl. Item #2 as AMENDED)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Tygarjas Bigstyck, Mayor Pro Tem
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer
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 City Council Regular Meeting 7 January 10, 2022
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 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
Mayor Bier stated that they would now move to Agenda Item #9.
City Council Regular Meeting 8 January 10, 2022
City Attorney Kenyon stated that they were too fast and they need to wait until 7:30 PM, so they will need to go to Oral Communications first, Council Communications and Staff Communications if necessary, and to Consideration items as well if necessary until 7:30 PM.
Mayor Bier asked if they are in the middle of oral communications at 7:30, do they stop and come back to Oral Communications.
City Attorney Kenyon stated that they can finish the item. She stated that, when seeing the number of hands raised, they will anticipate how many speakers they will and if they will go to 9:00 that would be a problem, but she thought they can answer that question better when they find out how many people want to speak during Oral Communications.
Mayor Bier opened Oral Communications prior to moving on to Agenda Item #9 for the Public Hearing.
ORAL COMMUNICATIONS
Mayor Bier asked if they wanted to go to two minutes with six hands raised.
Mayor pro Tem Bigstyck stated that they can give each a chance.
Mayor Bier set it at two minutes.
Mgmt. Analyst Montemayor introduced the speakers.
Dan Stegink, Pacifica, stated that he had never heard limiting the time to two minutes for only six speakers. He referred to the Ortega School’s greenhouse being burned down by safe and sane fireworks at $250,000, mentioned his concerns and requested that fireworks sales be stopped.
Suzanne Moore, Pacifica, thanked staff for the Pacifica General Plan draft, mentioned her thoughts on the process and asked questions regarding some of her concerns on RHNA goals, low income housing and asked about the status of the Local Coastal Plan. She is concerned about outreach to the community across the digital divide.
Summer Lee, Pacifica, referred to release of the draft General Plan and voiced her concerns about the process and some inconsistencies, providing some examples. She asked that they work with the public to do this better.
Sue Digre, Pacifica, referring to the release of the General Plan, encouraged Council and staff to do outreach to the community so everyone can respond to documents as the community are the stakeholders and there is a time limit to respond to very long and very important documents.
Anita Rees, Pacifica Resource Center, informed the community of the Pacifica Resource Center's modified hours and the process to make appointments for various reasons, including tax preparation, and mentioned schedules of other services provided by the PRC. She stated that the One Day Homeless Count has been rescheduled due to COVID, with the new date expected be February 24; for more information or to sign up to volunteer, go to hsa.smcgov.org.
City Council Regular Meeting 9 January 10, 2022
Peter Loeb, Pacifica, stated that he participated in developing the 1980 General Plan and he remembered a series of public workshops going over each area’s plan and he now was asking for help as they have no workshops or study sessions for the public to be informed and voice their concerns.
Christine Boles, Pacifica, referred to the Vista Mar project and voiced her concern about the city protecting public safety and dealing with the General Plan process. She encouraged them to work with the community.
Mark Hubbell, Pacifica, thanked staff for producing the planning documents, and voiced his concerns about providing the community opportunities to assist in the General Plan process with insight and experience to ensure an enduring plan and why they are not responding to requests for workshops and study sessions.
Matthew D, Pacifica, asked if Oral Communications later will give him three minutes to discuss his issue.
Mayor Bier stated that this is Oral Communications and it is two minutes. She stated that, if he wants to reach out to her or other members after the meeting, she will meet with him and talk with him. They can schedule a time. She asked him to give his public comment.
Matthew D. stated that he can’t give it in two minutes and he suggested he present another time instead.
Mayor Bier stated that it was up to him to share a little now as he has the time.
Matthew D. gave an introduction about hillsides which is what he would talk about but does not have time now and he will try to do it at another time.
Mayor Bier asked him to send her an email so they can schedule a meeting.
Mayor Bier closed Oral Communications.
PUBLIC HEARING:
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.
City Clerk Coffey presented the staff report and introduced Robert McEntire to make the presentation.
Robert McEntire, National Demographics Corporation, made the presentation.
Mayor Bier wondered what date the next public hearing was.
City Council Regular Meeting 10 January 10, 2022
Mr. McEntire stated that the next meeting was February 14 and they would need map information submitted by community members by February 4, which is ten days before the public hearing date. He then completed the presentation.
Councilmember Vaterlaus understood that districts were drawn using census tracts, but she thought it was sometimes difficult because one side of the street is in one district and the other side of the street is in another. She didn’t see any way around that as they would have to move full census tracts and it would cause the numbers to be off.
Mr. McEntire thought it would be more convenient if the census tracts went along the back of property lines rather than the front of them.
Mayor Bier stated that they could take public comments.
City Attorney Kenyon asked the mayor to officially open the public hearing.
Mayor Bier opened the public hearing.
Mgmt. Analyst Montemayor introduced the speakers.
Dan Stegink, Pacifica, stated that he wanted to draw attention to the map and the pink district, District 1, there is a little tail there by a red key symbol that's unmarked, assuming that's a school, and also there's an upside down boot sticking out of the back of District five and Linda Mar. He stated he has sat through about 14 of these different electoral maps in different cities and states and has never seen a puzzle piece surrounded on three sides survive any kind of scrutiny or challenge. He states that essentially in District 5, Linda Mar, you've got one area that's that upside down boot, you've got four areas of that street that is technically surrounded on all four sides by a different district - the toe of that boot, which he believes is illegal in every state except Texas.
Dinah Verby, Pacifica, stated that she lives in the Vallemar neighborhood and she was very involved in the redistricting process in 2018, did a lot of work with the interactive maps, etc. She pointed out that there was an earlier version where Vallemar would have been split with some of the property that is now in District 4. From her perspective, she thinks it is very important to keep Vallemar all in one district. She added that she doesn't know if there is a compelling reason to re-do these maps, but if there is some legal concerns such as Mr. Stegink mentioned in his comments, then perhaps that will be necessary. She stated that from a Vallemartian's point of view, let's keep Vallemar all together. She added that she was not acknowledged during Oral Communications, so she then voiced her thoughts on the General Plan rollout process.
Christine Boles, Pacifica, stated that in terms of the redistricting she was not here when these maps were created a few years ago, but she thinks they were created with a lot of good public input. She stated that our geography is very challenged in being able to create proper boundaries, giving an example of Milagra Drive with one side in District 2 and one in District 3, but that seems okay to her. She stated she does not know Mr. Stegink's comments, so legal issues aside, if there are some then they will need to fix the maps, but from what she read in the report the cost to the City to keep the maps the same is about $4,000 versus about $44,000 for really re-looking at redistricting. She stated that since the numbers are okay and she hasn't heard a lot of complaints, realizing they have to have other public hearings to allow for more City Council Regular Meeting 11 January 10, 2022
public comment, but her vote would be to not spend that money if we have other pressing needs for our limited resources and limited staff time. She concluded that barring any legal nonconformity, she recommends keeping the map as it is.
Mayor Bier closed the public hearing.
Councilmember Beckmeyer asked what the cost difference was to opening the mapping tool to the public versus not.
Mr. McEntire stated that the additional tools were in the original contract, and the simple drawing kit is about $4,000 and the on line GIS system is closer to $20,000. He stated that, as a Council they want input, but sometimes they spend money on all the tools and they have one submitted map or such as Oxnard where they had 72 submitted maps and they spent a lot of money. He stated that they look for Council’s direction for whatever is their approach.
Councilmember Beckmeyer asked if the GIS tool was a lease for a period of time for this project or access to a GIS mapping tool that could benefit in other areas of city management.
Mr. McEntire stated that it would be specifically for redrawing Council districts, and NDC would load up all the information necessary so community members could do that.
Mayor pro Tem Bigstyck stated that, if he heard 20 people giving their opinion on redistricting, it would give him consideration to work with. He did sit through a lot of the meetings on redistricting and he got a lot of information. He stated that, while they are getting confirmation on the process, at the next meeting when 40 people show up to state why it is important to do a “deep dig” and he asked if they could decide at that meeting whether to invest in the tools.
Mr. McEntire stated that the could, but he explained where they were in the process with a tight timeline, i.e., the next meeting is on February 14 when they have a conversation when everyone comes to talk.
Councilmember O’Neill thought they have another meeting in January.
City Clerk Coffey stated that there is, but the next public hearing for the redistricting is not scheduled until February 14.
Councilmember O’Neill understood that he was referring to a public hearing, not Council meeting.
City Clerk Coffey stated that provides time for consideration of any publicly submitted maps that can be processed and posted in the regulated time prior to the next public hearing.
Mr. McEntire stated that what makes a switch at the next meeting so difficult is the fact that there is 14 days between public hearings #2 and #3, and it will take several days to set up whatever tool Council decides they want to release and he would need at least a week to process whatever maps were turned in and they would be giving the community a window of 3-5 days to use the tools and submit what they want. He didn’t think it was ideal since they were spending money to engage, but there are small flexibilities within the process and meetings could be added at the will of Council. He stated that they want to be flexible and follow Council’s path.
City Council Regular Meeting 12 January 10, 2022
City Attorney Kenyon added that, having been through a lot of these hearings in a lot of cities, most cities take the first meeting to decide if they want additional material provided to the public for drawing because of the time constraints that Mr. McEntire has raised. She stated that they were expecting Council to decide at this meeting if they want additional tools for mapping.
Councilmember O’Neill thought he would opt for the Excel tools. He thought Mr. McEntire said it was about $4,000 and they would get some public input but spending $40,000 for maps that are probably going to be substantially the same.
Mayor Bier stated that they asked the community questions but didn’t get many answers. She asked if the community will be able to answer them moving forward or is this it.
Mr. McEntire stated that each meeting is a public hearing and at every iteration, the public has the ability to give input. He stated that the goal of three sessions was to narrow down to one or two maps at most and sequencing for each choice so they can pick and move to the ordinance.
Mayor Bier was speaking directly on the specific questions that he asked. She agreed with Councilmember O’Neill.
Mr. McEntire clarified that it was a consensus for the Excel paper tool.
City Attorney Kenyon asked the mayor to get a straw poll from the Councilmembers.
Mayor Bier asked for a head nod if they agree with the consensus, acknowledging that they did.
RESULT: NO VOTE REQUIRED
COUNCIL COMMUNICATIONS
Councilmember Vaterlaus went to three events. She went to the Fairmont Homeowners Association meeting and Council of Cities in Colma where they elected another chair for Council of Cities and City Selection Committee. She also attended an informative legal update on SB9 and 10 which detailed everything, i.e., the possible subdivision of single family lots and adding on of one unit and have two single families and two ADUs, not a total of 10 units as she read in the Tribune.
Councilmember O’Neill mentioned that most of the county was shut down for the holidays, but the person in charge of the Airport Roundtable resigned, and if anyone wants to go to the meetings, there is a job opening; however, he does not know what the qualifications are. He stated that the executive director of LAFCO retired, and they had a meeting about the recruitment process for that position and will be coming up in the agenda. He stated that they had a meeting for Commute.org earlier. He reiterated that there were some inaccuracies mentioned in Oral Communications, stating that Pacifica has never had a fire from the safe and sane fireworks. It was alleged that those fireworks started Ortega School’s fire at the greenhouse which was not true. He stated that the only fire that happened was some discarded fireworks that were put in a pile and reignited. He stated that safe and sane do not go in the air and do not start fires as illegal ones do, and even if they ban safe and sane, it would still be illegal. He stated that the reason that the greenhouse is so expensive to rebuild at Ortega because it is a structure that was considered a classroom and will have students attending and has to go through the Dept. of State Architects as every building in a school does and must be City Council Regular Meeting 13 January 10, 2022
ADA compatible. He concluded that is what brings the cost to $250,000. He met with Mayor Bier on a possible item coming to Council later this month.
Councilmember Beckmeyer attended a meeting with CCAG executive director and project manager to learn more about the resource management and climate protection committee. She stated that there was an opportunity for elected officials in San Mateo County to apply and be appointed by CCAG board to that committee. She thought she knew what it entailed but wanted more information so attended the meeting, and then decided to apply so she will keep Council posted. She had enjoyed the holidays and was pleased that as many as possible city staff were able as well. She stated that PW staff and public safety staff worked diligently through the entire holiday period and rainy time and she commended them. She stated that, at the Beautification Advisory Committee meeting where PW Director Petersen and Field Services Manager Lavorini were present, she told them how much she appreciated the non-stop effort and energy staff put into every aspect of their work to keep our community safe, adding that many of them have been members of the community for a long time. She the mentioned that the Beautification Advisory Committee’s adopt a spot, such as the bulb out on Palmetto, has been revamping the paperwork and process for adopting those spots which is now three years due to re-adopting. She stated that it is undergoing an update, mentioning appreciating Michelle Trayer’s help around paperwork updates, such as keeping track of donations. She also commended committee member Julie Gossage for her work in designing the planting plan for the Crespi Avenue bioswale near Cabrillo School which are now planted, adding that the bioswale performed exactly as expected. She thought there needs a little bit of monitoring but it was basically really positive. She acknowledged that they have a new Park Superintendent on staff who lives in our community and formerly worked outside the community. She thought there was one more mural to be completed, i.e., the Four Directions Mural at the beach, and they are working with that artist who had a baby and has personal timing challenges. They have to coordinate closely because of repairs to the Anza Pump Station. She understands that the muralist from the "Protect What You Love" mural by Eureka Square has been put in touch with North Coast County Water District with a conversation on a possible additional mural, adding that it was not in their jurisdiction but she wanted to give them a heads up.
Councilmember O’Neill encouraged everyone to take precautions for the Omicron Covid-19 variant. He stated that he knows two families in town and one has two kids under five that have had Covid and he knows two people who have died of Covid, one in Tahoe and one in Pacifica.
He stated that it can happen, mentioning a party where some Terra Nova kids attended, and there were five cases from that party and some siblings brought it to another school in Pacifica.
He stated that it is a highly contagious strain and he encouraged everyone to take the proper precautions. He stated that they are looking at being fully vaccinated includes three shots. He encouraged everyone to take it seriously. He thought it was milder than the Delta variant but you never know so he asks why you would put yourself at risk. He stated the Economic Development Committee is having their meeting with a guest speaker, John Hutar, CEO of San Mateo County Convention and Visitors Bureau. He stated that they put out articles, such as a recent one on restaurants with views of the ocean. He contacted him because Pacifica was not there and we have three or four restaurants, three literally on the ocean. He corrected that. He also did an article on six things to do in Pacifica. He stated that the Zoom meeting would be the next day and they can get the link from Pacifica’s website. He stated that Pacifica is a member of that organization and they take reservations for Pacifica’s hotels. He stated that, if they go to the Economic Development Committee website, they can look at the local gift card program to help support our local businesses. He stated that, if you own a business, you should consider being one of the merchants for that program.
City Council Regular Meeting 14 January 10, 2022
Mayor pro Tem Bigstyck stated that his comment was a perfect segue for him to make a recommendation for the Moonraker Restaurant which has an extraordinarily beautiful view of the ocean. He enjoyed that with the mayor to celebrate his role in supporting her mayorship.
He attended a few meetings. At Emergency Preparedness, OSPAC gave a presentation about Mori Point in alignment with the presentation we received the previous year. Peninsula Clean Energy talked about power storage procurement rates. The also talked about the process of refreshing Reach codes in the various municipalities and they are getting close for Pacifica to look at whether we want to refresh some of our Reach codes. He stated that the next PCE meeting will be on January 27. He enjoyed Council of Cities with councilmembers, and he congratulated Councilmember Vaterlaus for passing on the baton. He stated that there were a number of big topic issues that came up in his email box over the winter break. The first one was the General Plan which they heard about during oral communications. He stated that someone who has been sitting in those chairs for years before he joined Council and he felt it was difficult as he has been sitting through years of General Plan meetings and not everyone in Pacifica has, so he took the feedback and plans on talking to the City Manager about that to see what the process looks like as he wants to be sure he has a good understanding. He thought he can’t take another year of hearing that they don’t have a General Plan, and finding that balance is important to him. He referred to emails on Linda Mar flooding, and he didn’t want to get into what is or isn’t, but he thought it was clear that the neighborhood has issues with storm drainage and they are working on the storm drainage master plan. He admits, as a new Councilmember, he didn’t know there was a difference between the storm drain system and the sewer system and he is learning and has requested a meeting with PW Director Petersen to be sure he has a robust understanding that it is a problem in other places besides Linda Mar. He understands the Anza Pump Station has been in need of repair for quite awhile, and has been out of their hands on why it has not gotten repaired. He thought they will take the next step to get emergency permitting in place sooner than later. He is looking forward to learning a lot more about storm drainage to see what can be done and how quickly and answer some of the questions without having to go back to staff. He then referred to Councilmember O’Neill’s mention of Covid, and mentioned his previous comments on his niece who contracted Covid and the strong impression it made on him. Her mother gave him permission to post her picture on Facebook to make a strong impression on others. He expressed his thoughts on the variants and threat to others which was what prompted him to encourage masking. He thought it was not as dangerous now to others, but he knows hospitals are overwhelmed so he encourages everyone to get vaccinated or, if not medically possible, they can at least wear a mask to not expose those with compromised medical condition. He thanked them for allowing him to speak.
Mayor Bier stated that they put out a letter earlier in the day to the community about Covid and the letter mentioned a lot of resources for staying informed, testing resources, with a testing site in Pacifica at the parking lot at Francisco Blvd. and Salada Avenue with appointments available for ages 1 and older. She stated that those without appointments after 5:00 pm, Sundays 10:00 am to 6:00 pm. She stated she will be sharing resources and links through her email, social media. She stated that she works for the high school district in Daly City’s Youth Health Center and it was very overwhelming to see the surge and the effects on students and families. She mentioned the mental health aspect as people are afraid again and she was seeing that in coworkers and students. She is participating in the Mayors' mental health initiative and talking about things going on because of Covid. She stated that she is working on mental health first aid with the Office of Diversity and Equity and are getting money from county to train trainers and she will update the community as it comes forward. She referred to Daly City Councilmember Pamela DiGiovanni inviting her to attend the 66th installation of officers of the Coastside Masonic Lodge 762. She stated that a Pacifican, Leowell Pailano, was installed as a City Council Regular Meeting 15 January 10, 2022
Master. She had no idea about it and went and thought there were so many people from Pacifica and were happy that someone from Pacifica was there to support them. They wanted her to let Pacificans know that they do clean ups on the highway once a month. She thanked Pacifica Hot Rodz for organizing the holiday car parade and toy drive. They assembled at Park Mall and had hot chocolate and people brought toys and put them into the back of Jeff Shive's truck, with almost 80 cars involved in the parade. She stated it was fun and they are always giving back to our community. She went to the quarterly Joint Articulation meeting with the water department and Jefferson Union High School District, Pacifica School District and the city to discuss all the things going on and support each other. She stated that she needed a break and it was nice to have some time off. She mention Mayor pro Tem Bigstyck’s comment on a lot of emails that came through to them, and she will address them but she was still going through all of them.
STAFF COMMUNICATIONS
City Manager Woodhouse stated that he would continue with the Omicron Covid-19 conversation. He stated that, as they anticipated before the holidays, it has come true postholiday. He stated that the single day case count after the holidays were double what was reported last January. He stated that, fortunately, Omicron is not as severe, especially for those vaccinated but it is very contagious and spreads dramatically. He stated that today’s single day case count was double over what it was on last Monday. He stated that everyone knows someone who has been infected by Omicron and, as Mayor Bier mentioned, a communication from the mayor came out today in social media and city’s website with numerous resources listed in there. He stated that rapid testing and the PCR testing is a big issue now in its availability, making appointments, etc. He also referred to the mention of Sunday testing site at the parking lot at Francisco and Salada as well as other resources listed in the letter. He stated that the schools are affected and the city organization is also affected and they are doing their best to keep the doors open as well as keep employees and first responders healthy so they can have appropriate coverage. He stated that the mask recommendations are KN95 and N95 surgical masks which are the most protective. He stated that it is very important that those are being worn to protect yourself and others. He stated that this is a day by day, week by week and they will continue monitor and hopefully this surge will subside in a few weeks, but they will wait and see. He then referred to the December 23 rainstorm, stating that there is a “for the record” post available on the city’s website that provides detailed facts about that rainstorm and how the Linda Mar and Anza Pump Stations were staffed the entire time and the pumps were working to minimize any water accumulation in the flood prone neighborhoods in Linda Mar. He referred to mention of the case closed gas station and it is now the Panda Express. He stated that was an old gas station that is closed and has no contamination at this point. He reiterated that, when there are storms, staff are working around the clock and the city takes seriously and proactively reports to all the regulatory agencies all the necessary reporting required. They will continue to work hard on storm water challenges. He then referred to the planned release for the General Plan update, Sharp Park Specific Plan and Environmental Impact Report, clarifying that staff took time to put together some details of frequently asked questions and it was important for community members to read those FAQs which are on the PlanPacifica webpage and they address a lot of questions being raised about the process and timeline. He wanted to clarify that the documents posted on Friday night were downloaded by at least one member of the public who provided comments that night. He was able to download them on Saturday but he didn’t know if anyone had problems. He stated that the 45-day review period began starting Saturday, not Friday. He stated that is a 45-day review period for the draft Environmental Impact Report comment. He stated that the community are able to provide comments on the General Plan update and the Sharp Park Specific Plan until noon on the day of the first public City Council Regular Meeting 16 January 10, 2022
hearing by Planning and that will be a month. He stated that he encouraged the receipt of comments altogether during the 45-day period because that enables a more robust review of all the comments but there is technically not a 45-day comment deadline for comments on the actual General Plan update document and the Specific Plan, only a technical 45-day deadline on the draft Environmental Impact Report.
Mayor Bier called a short break then resumed the meeting.
CONSIDERATION
10. Surf Camp/School Permitting Policy Recommendations
PROPOSED ACTION: Adopt the Surf Camp/School Permitting Policy Recommendations
PB&R Director Perez began the staff report then introduced Parks, Beaches & Recreation Commission Chair Cindy Abbott to join him in presenting the presentation.
Mayor pro Tem Bigstyck referred to a load of 98, asking if that means 98 people on the beach at any given time or 98 participants in all programs involved at any given time.
Chair Abbott stated that it is 98 people participating in a surf camp or school at one time.
Mayor pro Tem Bigstyck stated that helps. He mentioned a recommendation on the matrix in packet page 153, No. 8, which is to change the non-profit small camp size from 12 to 15, which would mean that the load would get raised from 98 to 104. He asked if the recommendation was for 104 rather than 98.
Chair Abbott stated that it will stay at 98 because with load, not all of those permits are used at one time and a non-profit camp can up to 15 at one time. She stated that they may not all be used in all of the seats simultaneously at the same day, same time.
Mayor pro Tem Bigstyck stated that was why he was confused, as a moment ago he thought she said all participants involved would be capped at 98.
Chair Abbott agreed, but she stated that was one time at the beach and not every camp, commercial or non-profit, uses the beach at the same time.
Mayor pro Tem Bigstyck concluded that, at any given time, there would be an assurance that there are not more than 98 people on the beach, although conceptually there is 104 people allowed to be part of the programs in total.
Chair Abbott responded affirmatively, clarifying that after a lot of conversation about when is the beach used by the two different types of programs, it is rare that they are all there at the same time.
Mayor pro Tem Bigstyck stated that his next question was, if it is a matter of how many people are allowed on the beach, i.e., 98, what would stop them from having another camp involved, a third camp utilizing the beach at a completely different time and is not over-saturating over the City Council Regular Meeting 17 January 10, 2022
98. Chair Abbott stated that is where the new concept of load comes in, as it provides more opportunity for the CAPP permittee to potentially have more students and more programs available to offer. She stated that is the beauty of this whole load process, instead of their historical way of saying a permit holder has 24 seats and they may only use 10 or use all 24, but they were able to hold all that space at one time and wasn’t available for anyone else. She stated that they did some preliminary reviews that the PB&R Dept. staff put together to find out some historical scheduling and that was where they saw that in the afternoon on a non-summer day, there is space available. They tried to not get too much into that number and the whole scheduling. She stated that part of what the program is going to do is that a lot of non-profit programs partner together, know each other and work together and they are going to be making sure that they are not over utilizing their places.
Mayor pro Tem Bigstyck asked, if another non-profit were to come and weren’t familiar with this and they said they would like to apply for a permit at a time when otherwise the beach is not being utilized, whether they would have that opportunity.
Chair Abbott responded affirmatively, stating that as part of the program, they will be asking how many participants are in their program, what time of day do they want to use it and together the non-profits, along with the PB&R staff, will organize those time slots using a scheduling tool.
She stated that they are all familiar with each other and have partnered throughout this process.
They think this concept of load came to them from City Surf Project and Brown Girl Surf and is going to help them utilize the beach more and provide more opportunities.
Mayor pro Tem Bigstyck stated that there is the concept of the CARB. He stated that they have the CAPP which is the Community access Partner Program and the CARB which is the CAPP Application Review Body so, in total, the Community Access Partner Program application is review body. He understood a little bit while she was explaining it, but he asked her to take another step or two, as his initial question was why not just have these permits go through PB&R and why the separate CARB process. He thought he understood that she was saying essentially there will be specialized knowledge going into the participatory board of CARB that would not necessarily be present on PB&R. He asked for a sense of what that specialized knowledge looks like.
Chair Abbott stated that they want to be sure the board is very inclusive and has a broad range of people who are sitting on it, as it is a part of the overall goal of equity and inclusion. She stated that it will be very interesting because they know that, for programs applying for this permit, they are probably not going to be members of that but they will look to them and, for example, maybe the San Mateo County Office of Equity and Inclusion will help them find members. They talked about, while being a resident may be helpful, they don’t necessarily need to be a Pacifican as they hope it is a process where they are all going to learn something about how they develop diverse and equitable bodies. They thought it was important for those programs as it takes a lot of training and some of the members of the public might talk about this, as the longstanding commercial operators have always done a great job on water safety and who their instructors are, but there has not been the understanding of being a person who maybe has been placed in a position where they felt uncomfortable going to the beach. She stated that, when she was growing up on the coastside in Southern California, she always thought of the beach and the water as a friend and a great place to go, adding that that is not where people from inland areas have necessarily felt comfortable for their own safety, fear of the water and feeling like an outsider. They thought a program of someone deciding on who City Council Regular Meeting 18 January 10, 2022
those permit holders should be belongs in a different group.
Mayor pro Tem Bigstyck asked if they have decided what the proximate make up of CARB will be, as she mentioned that it might include people who are not necessarily Pacificans.
Chair Abbott stated that is the next step of putting it all together over the next few months of work in the PB&R Dept. They want to make sure that they have agreement at this time before moving into that next level.
Mayor pro Tem Bigstyck referred to the pilot program that was established, and asked if there was a pilot program for these organizations to have camps last summer.
Chair Abbott agreed, stating that the pilot began in the fall of 2020, but things have continued to be rather difficult even if people are outdoors. One of the permit holders of City Surf project did hold a number of camps and Brown Girl Surf was being a lot more mindful and bringing them over in buses and shared transportation. City Surf does that as well, but it has been a very difficult and challenging time to even run an outdoor program. She stated that camps were held with the organizations since the fall of 2021 with these pilot permits.
Mayor pro Tem Bigstyck asked whether she would say that, despite the constraints of Covid, it was a rather successful pilot.
Chair Abbott stated that City Surf was there an awful lot and had great access with everyone having a fabulous time. They partnered very well as they have always done with the commercial schools, so she thought it was a successful pilot.
Councilmember Vaterlaus wondered why they didn’t actually require a lifeguard as she thought, in all of that safety, someone from each organization who is present should be a lifeguard.
Chair Abbott stated that they do require water safety certification and Director Perez can go into the details, but a lot of water safety of lifeguarding does not really apply to the type of work being done in the surf line and teaching how to surf. They talked about it quite a bit and no one wanted to go to that extra level.
PB&R Director Perez stated that they used to have a water safety instructor requirement and that was something that happens at a swimming pool, but not at the beach. He stated that, regarding the lifeguard issue, during the whole process, the task force was made up of people from existing camps , non-profits, surfers, and they heard from a lot of people. Lifeguarding wasn’t a requirement before but they added in that it was recommended, but not required, so some may have it but some may not. The task force ultimately decided on putting in the recommendation after a good discussion.
Councilmember Vaterlaus asked if they can explain to her the water safety if something happens.
PB&R Director Perez stated that water safety instructor is a certificate you get when you teach swim lessons in a swimming pool, and it does not relate to open water, surfing, etc. He stated that everyone who works for the various camps or volunteer, they have to be proficient in surfing which would mean they are very good when it comes to pulling someone out of the water if they need to do that. He stated that a lot of their surf camps would probably tell them that they have pulled someone out, not from their camp, but somebody at the beach. They are doing those City Council Regular Meeting 19 January 10, 2022
types of things and there is not a problem in the actual school itself. He stated that they used to require the water safety instructor, but it has no bearing on someone who would be working in open water. They consulted with the schools as well as their own water coordinator who has experience when it goes to open water lifeguarding as well. They thought it was an unnecessary requirement.
Chair Abbott stated that they do need to have the CPR certification on file for each employee and they also have to have a safety plan that they talk about and is documented and provided to PB&R Dept.
Councilmember O’Neill thought about the number of permits, and he appreciated the clarity of load as he thought it was a good way to deal with the issue, in some ways better than a permit.
He stated that the permits will be issued to individual entities, and he asked if those will be transferable so, if one of the commercial wants to sell or retire, do they have to turn the permit in or part of his business that he sells or vice versa for the non-profits, i.e., are they transferable to another non-profit.
PB&R Director Perez stated that they had a commercial school that did change hands several years ago and they are still operating with them. They don’t have that specifically addressed, and he didn’t know that a non-profit would be sold in that time, but the length of the RFP kind of lays out how long they will have the permit lease. They did not address whether the business changes hands or not.
Councilmember O’Neill stated that one concern he has is an RFP process. He understands the concept but RFPs seem very onerous and he didn’t think it was fair for non-profits who are minimally staffed with volunteers and even the commercials all going through the entire process.
He asked if this is an abbreviated form of RFP so it is not quite as onerous.
PB&R Director Perez would love for it to not be onerous as they have to put it together and they are not going to put something to it. He thought the concept of the RFP is to make it fair and put that announcement out so other people or organizations have the ability to apply, as he thought that was the main point. He stated that the non-profits could tell him better than he does, but they are used to applying for these things and sometimes they are used to getting not a lot of turnaround to apply for it. He stated that, typically, a well-run non-profit should have the tax information they would need for that and probably almost boilerplate information that would go into that. He thought the specific program or specific RFP would be something else, not unlike applying for grants, etc. He stated that it would be new for their commercial camps. He stated that there will be plenty of time for them to know what is coming.
Councilmember O’Neill wanted to encourage them to simplify it and not make it difficult for a surf camp.
Chair Abbott stated that they did look at other jurisdictions along the coast in California and, with those they were able to survey, six out of 9 of them did do RFPs. She stated that they aren’t breaking new ground on that.
Councilmember O’Neill was thinking that, with the RFP, they usually will talk about Beach Blvd., and he just wants something simple. He asked if the non-profits will be held to the same financial standards in terms of liability insurance, bonding, etc., that they require of the commercial.
City Council Regular Meeting 20 January 10, 2022
PB&R Director Perez stated that, in the packet under guidelines / rules, he will see that laid out.
He stated that it lists the same thing, and there is also some things that are specific to nonprofits because a commercial camp doesn’t have to have a 501c(3) and demonstrating their worth, with diverse populations and under-served communities, etc.
Councilmember O’Neill assumed the city is the named insured.
PB&R Director Perez stated that they are required to have insurance, a business license and all the expected boilerplate stuff. He then pointed out that the guidelines, rules and applicant qualifications are on packet pages 156 and 157. He stated that there are some minor tweaks to most of them that were already in existence.
Councilmember O’Neill stated that he was concerned about having another review board, as he understood they want expertise for non-profits but he asked if he sees this happening where they issue the RFP, get the responses and. similar to what they get for construction projects, staff would recommend who they would issue permits to.
PB&R Director Perez thought it could happen that way, but also thought the review board for the non-profits would be set up and have a meeting where they go over it and discuss the entrance.
He stated that it is quite possible they don’t get more than a handful applying and, in that case, it might not be that hard if they all meet the qualifications in order to issue the permit for them. He sees it similar to Commission type board meeting or a committee where staff would make sure they had all the information. He stated that Chair Abbott could speak to this as she has been on grant review boards, etc., and there are a lot of newer processes for these things, but in terms of selecting the individuals they are definitely going to be consulting those that Chair Abbott mentioned as well as non-profits that they are currently working with as they have a lot to do with us getting where we are now and came up with the idea of that review board. In general, he understands what he is saying about trying to simplify things and he would love to do that, but he knows there are some things that are going to take a little extra work. He stated that they need to do those things to make it happen.
Chair Abbott was glad he understood load and she thought Mira Manickam-Shirley, who may make a comment, introduced them to that idea.
Mayor Bier asked who is appointing the people on the CARB.
PB&R Director Perez thought with consultation, they will be recruiting them at a staff level but they will be getting input on this as this is not their area of expertise. Two non-profits they have been working with know a lot about this and they will be talking to the organization that Chair Abbott mentioned. He stated that this is all new and they are leading the way and this is something on which they will be seeking lots of input.
Mayor Bier opened public comments.
Mgmt. Analyst Montemayor introduced the speakers.
Adriana Guerrero, Pacifica, stated that she is the current Executive Director of Brown Girl Surf and appreciated all the work and commitment by everyone over the past 20 months, and expressed her thoughts on support for this process.
Eddie Donnellan, MeWater Foundation founder, stated that they are a San Francisco non- City Council Regular Meeting 21 January 10, 2022
profit and he shared a story on his and children’s feelings about not being allowed on the beach, and expressed his support on going forward with this equity process.
Mira Manickam-Shirley, Brown Girl Surf co-founder, expressed her appreciation of everyone involved in this process and gave her thoughts to ensure equitable access for surfing and approved of the proposed process.
City Surf Project, The representative of City Surf Project (name not provided) expressed his appreciation of everyone involved in this process and gave his thoughts on this process to provide a more equitable policy and allowing more groups, as well as on comments brought up during consideration. He emphasized that both City Surf Project and Brown Girl Surf rely heavily on safety, coaches are lifeguard and CPR certified and do trainings with Ocean Beach lifeguards every year. He stated that this should be a CARB consideration in making those recommendations. He supports adopting the proposed recommendations that will make this process a model across the state.
Chloe Erskin, Oakland, is a volunteer with Brown Girl Surf and expressed her thoughts on participating in a program that brings women together in an equitable process and appreciation for those working on this process. She stated her support of the creation of the CAPP system to serve non-profits providing equitable access to underrepresented groups until the entire permitting system can reach a more equal place further down the road and applauded the Councilmembers and Task Force Members for working on this.
Kimberly Williams, SMC Chapter of Surfrider Foundation, thanked everyone in Pacifica who worked at facilitating the task force process and bringing this proposal to Council, as well as everyone else who helped to create a more equitable permit system and this is supported by the SMC Surfrider Foundation. She gave her thoughts and asked Council to approve this policy.
Lynn Adams, Pacifica, stated that she was proud of the PB&R Commission and everyone to make this proposal possible. She gave her thoughts on this proposal and recommended that the Council pass this proposal.
Linda Locklin, California Coastal Commission, stated that she has been following the work being done over the last 20 months, and she was present to concur with the previous speakers on how important this program is and recommended that Council adopt the recommendation provided by staff.
Mayor Bier closed public comments.
Councilmember O’Neill moved to approve the CAPP program as stated; seconded by Councilmember Vaterlaus.
Mayor pro Tem Bigstyck stated that he had a few comments before they vote on the motion on the floor. His heart felt so good to have a representative of the Coastal Commission to give the city support for this program. He thought this was his first experience to have that positive reinforcement on a city policy and he looked forward to more of that going forward. He stated that, for anyone listening who is driving through Pacifica in a bus and wish to stop at our beach, there are complications on how they orchestrate our businesses, but if their kids want to check out our beach, he encouraged them to let them. He pointed out that they were all white and were supporting this proposal. His heart also felt good regarding a line in the staff report about many municipalities in California having surf camper schools permitting program and none City Council Regular Meeting 22 January 10, 2022
address the need to ensure a diverse mix of inclusive programs that will expand equity in surf camper schools. He stated that, with the implementation of the task force recommendations, Pacifica will be at the forefront of providing these opportunities. He was proud to be in support of what they have been discussing. He looks at this as a first step in working with partners who will teach us how to model making this a safe place for anyone who would wish access to the ocean. He stated that Pacifica is a gateway to this lifegiving entity and within that context he was very excited that they are taking steps to make sure that it is not just the residents but anyone who needs the healing qualities of this gift of from where we all come. He was looking forward to casting a yes vote.
Councilmember Beckmeyer didn’t speak earlier because everyone brought up her questions.
She stated that, since this was brought forward 20 months ago and the deluge of emails they received on this topic, it was clear around the issue of equity. She stated that, when they first made the recommendation and request for PB&R Commission to take this up and in her personal stance as well as all councilmembers, it was a no-brainer that it was everyone’s right to participate and visit our beach. She thought it was difficult to have the question raised in a way that implied they didn’t think that was true. She stated that it took some recognition that it was not personal and just business and it was the function of the way in which our policy was working or not working regarding camps. She believed it wasn’t an intentional act on the part of this or previous Councils or anyone in Pacifica, and she was proud to hear the community and fix it. She realized that it is more work, with an RFP and an investment of time and will continue to be but worth it. She stated that, in light of the Coastal Act, they acknowledge that it is everyone’s right not to visit “our” beach but everyone’s beach. She stated that she works in an elementary school and it is sometimes challenging to explain to the kids why certain things can’t happen. She hoped that they can acknowledge that, even if procedures don’t allow certain things like a group visiting or having a class, individuals always have the opportunity and she was grateful to Lynn Adams and the Pacific Beach Coalition for their leadership in helping anybody who wants to participate in cleaning the beach, visiting the beach, etc., and this is just another step in that direction. She is looking forward to the upcoming Coastal Commission meeting when this Coastal Development permit will be heard.
Councilmember Vaterlaus agreed with what everyone said and having no knowledge of what was happening with these issues, they had no idea and was never meant to exclude anyone but just the process and how it was taking place in the past. She is glad that they can be inclusive now so that everyone can do this and everyone who has this opportunity can enjoy being in Pacifica and get the feelings all of us get when we go to the beach. She stated that someday she will take a surf lesson.
Mayor Bier stated that systems of oppression and that locals only mindset really needs to be changed. She stated that this work is so important. As people were sharing their public comments, she was moved to tears as it was amazing and the work that PB&R Commission put in was appreciated. She thanked former Mayor Martin for pushing this along. She was humbled and moved and can’t wait to vote.
City Clerk Coffey took a vote by verbal roll call.
Councilmembers thanked PB&R Director Perez for the presentation.
City Council Regular Meeting 23 January 10, 2022
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mike O'Neill, Councilmember
SECONDER: Sue Vaterlaus, Councilmember
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer
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.
City Manager Woodhouse presented the staff report.
There were no public comments.
Councilmember Beckmeyer was pleased that this was coming forward as she believes policies like this need a refresh. She stated that, with the school board, she observed a deliberate process when taking a section of administrative and board policies at each meeting and was sure that, as a seated school board member, is a little arduous. She thinks staff and Council operate at the highest level of ethics and she stated that this is not because they think they are not ethical but to create a continuous process improvement. She acknowledged that the City Manager has written on the topic of ethics in government elected leadership and staff level.
She stated that it is a value they operate with every day and having an ad hoc subcommittee to look at the policy and codify what she believes is their constant and daily practice is a great way to go. She was ready to make a motion but would defer to the mayor and councilmembers for comment.
Councilmember Beckmeyer moved to appoint Councilmember O’Neill and Mayor pro Tem Bigstyck to Ad Hoc Subcommittee; seconded by Mayor Bier.
City Clerk Coffey took a vote by verbal roll call.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Mary Bier, Mayor
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer
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.
City Clerk Coffey presented the staff report.
Councilmember Beckmeyer thought there was a conflict for Councilmember O’Neill with the Economic Development Committee.
Councilmember O’Neill stated that he was going to withdraw from the Economic Development City Council Regular Meeting 24 January 10, 2022
Committee as he agreed to do another commitment. He stated that he would attend this month’s meeting but there are two liaisons to that committee, and he stated that, if Councilmember Beckmeyer wishes to remain the sole liaison, he could act as the backup.
Councilmember Beckmeyer was okay with that.
Councilmember O’Neill stated that he was okay with that unless someone else wanted to be the backup.
Mayor pro Tem Bigstyck stated that he was already the backup of the two of them, so he was happy to remain as back up, with them switching from 2 to 1 and from 1 to 2. He thought this conversation is deliberation which is why he wanted to point that out.
Mayor Bier thought they could go to public comment first, and seeing no one, closed public comments.
Mayor Bier asked if that meant they needed another person for Economic Development.
Councilmember Beckmeyer stated that she could be the primary and either Councilmember O’Neill or Mayor pro Tem Bigstyck can be the alternate.
Councilmember O’Neill stated that it is now structured with two liaisons, but if they are willing to have one liaison and then the back up, it would be like the normal structure of all the other committees.
Councilmember Vaterlaus asked if there was a reason why they had two liaisons to that committee.
Councilmember O’Neill recalled that they wanted to show the importance of economic development to Council and why they had two liaisons.
Mayor Bier stated that it is important.
Mayor pro Tem Bigstyck asked Councilmember Vaterlaus if she was interested in being a coliaison.
Councilmember Vaterlaus stated that she has another meeting on that night that she attends and that is difficult. She did suggest that she could be a backup every once in a while.
Councilmember O’Neill stated that, since it is an important committee and they do a lot of work with a lot of active individuals, he asked the City Attorney if it was legal for them to have a rotating and work out a schedule among the five Councilmembers as to who serves as the second council liaison.
City Clerk Coffey stated a concern that it may bring Brown Act challenges if there is a rotation of councilmembers on a standing committee.
City Attorney Kenyon agreed with the City Clerk that there would be Brown Act concerns with a rotating liaison member.
Mayor Bier stated that she can offer herself to be the second councilmember, which she thought City Council Regular Meeting 25 January 10, 2022
was on Tuesdays.
Councilmember Beckmeyer stated that it was always the Tuesday after the Council meeting.
Councilmember O’Neill stated that he would be going the following night as he arranged for the guest speaker.
Councilmember Beckmeyer stated that she can only be there for the very beginning for tomorrow’s meeting, which is not normally an issue. She had asked Mayor pro Tem Bigstyck if he would be able to attend. She stated that they can figure that all out after they make a motion and adopt this item.
Councilmember O’Neill stated that he offered Airport Roundtable as they have the opportunity to work with a brand new person as the head of the Roundtable and establish a relationship with a new person.
Councilmember Beckmeyer stated that, while it was tempting, she would like to remain on the Beautification Advisory Committee if possible as that is an important committee to her. She stated that, if it was important to him and he wanted to switch, she would be willing to do that.
Councilmember O’Neill stated that he will do the Airport Roundtable liaison. He stated that he did make progress, getting a monitoring station and the city manager is working on getting a speaker to talk about the right and left turn they are going to make over the ocean. He was familiar with some of the issues, but he wanted to give all Councilmembers the opportunity to “grab the gold ring”.
Mayor pro Tem Bigstyck stated that he wouldn’t want to rob him of the opportunity, as he thought he has made inroads. He wanted to move to PCE, and thought it would be advantageous at this time if he takes over as the primary rather than the alternate.
Mayor Bier agreed, adding that he is doing a great job there.
Councilmember O’Neill stated that he will stay where he is except for Economic Development.
Councilmember Vaterlaus stated that she is on a Colma Creek Committee which is pretty much disbanded as the topic moved into the flood sea level rise.
Mayor Bier referred to the HEART and asked Councilmember Vaterlaus if she would mind switching out of that and letting her take that position.
Councilmember Vaterlaus stated that she likes HEART.
Councilmember O’Neill didn’t think she can as it is a City Selection Committee.
Councilmember Vaterlaus stated that it was not a full HEART position, just one or two times a year, and both of them attended it last time. She stated that the mayor could be the lead and she can be the backup.
Mayor Bier thanked her.
Councilmember Vaterlaus stated that she would eventually like to go on to the HEART board City Council Regular Meeting 26 January 10, 2022
itself.
Councilmember O’Neill stated that he would like to make a proposal, and doesn’t know what the reaction will be. He stated that they all know they have had redistricting and they are going to have a new congress person, new assembly person, new supervisor, and relatively new state senators. He didn’t know if they wanted to discuss doing some sort of legislative outreach among the five councilmembers, whether a standing committee or they each pick a representative to get to know the staff of the individuals.
Councilmember Vaterlaus asked if it was like a legislative liaison.
Councilmember O’Neill stated that he didn’t know what they want to call it, but he was proposing that. He thought, if they have to agendize that for another meeting, that might be a good thing.
City Attorney Kenyon stated that it would need to be agendized for another meeting.
Councilmember Beckmeyer would definitely like to ask that they agendize that for discussion because she needs clarification about committees, etc.
Mayor Bier agreed. She asked if they are set with their list. She asked the City Clerk if she saw anything else they need to change.
City Clerk Coffey stated that she will share her screen with the updates that she thought were stated for 2022. She didn’t catch the selected second liaison to the Economic Development Committee. She stated that, going down the list, they discussed Airport Committee Roundtable with Councilmember O’Neill retaining his position as the liaison with Councilmember Vaterlaus as the alternate. She heard discussion on the Economic Development Committee where Councilmember O’Neill is giving up that position and she needs to confirm who the second councilmember was selected, as she heard interest from several councilmembers.
Mayor Bier stated that it was her as the second liaison to Economic Development Committee.
Councilmember Beckmeyer agreed and Mayor pro Tem Bigstyck as the alternate. She asked him if that was his understanding.
Mayor pro Tem Bigstyck stated that was his understanding, and he asked if that will be too much for Mayor Bier or is she okay with that.
Mayor Bier stated that she was okay with that.
City Clerk Coffey stated that they have the Economic Development Committee and Library Advisory Committee with two councilmember liaisons and she understood that, in those cases, there does not need to be assigned an alternate.
City Attorney Kenyon thought there should not be an alternate because of the Brown Act, but they can deal with that. She stated that it was more complicated to have an alternate, as it does create some Brown Act issues.
City Clerk Coffey asked, based on that information, if Council wishes to have an alternate assigned for Economic Development Committee or just stick with two Council liaisons to that committee without an alternate.
City Council Regular Meeting 27 January 10, 2022
Councilmember Beckmeyer asked the current alternate how he feels about that.
Mayor pro Tem Bigstyck stated that he was alright being taken off as an alternate if that makes life easier for them. He stated that it sounds like Mayor Bier will be there the following night, and asked if she needed him to be there.
Councilmember O’Neill stated that he will be there tomorrow because he arranged for the speaker.
Councilmember Beckmeyer asked if he will be there for the whole meeting.
Councilmember O’Neill stated that he was planning on being there for the whole meeting.
City Attorney Kenyon stated that they cannot have three Councilmembers at that meeting.
Mayor Bier stated that she won’t start until Councilmember O’Neill is not there.
Mayor pro Tem Bigstyck stated that he won’t be there either.
City Clerk Coffey asked about the question of the alternate for that committee.
Mayor pro Tem Bigstyck stated that she can take him off.
City Clerk Coffey then referred to discussion on the HEART agency committee, where Mayor Bier would be the primary representative and Councilmember Vaterlaus would be the alternate.
Councilmember Vaterlaus agreed.
City Clerk Coffey stated that it mirrors causing people effectively interagency council assignments as well.
Mayor Bier agreed.
City Clerk Coffey stated that she also heard discussion of Peninsula Clean Energy (PCE) wishing to swap the primary and alternate so that Mayor pro Tem Bigstyck will become the primary representative on PCE and Mayor Bier would act as the alternate.
Mayor Bier agreed.
City Clerk Coffey stated that she will update the list to reflect that Councilmember Vaterlaus is no longer the chair for Council of Cities and City Selection Committee that has changed for 2022.
Councilmember O’Neill asked who was elected.
Councilmember Vaterlaus stated it was Rico Medina and Eddie Flores.
Councilmember Beckmeyer stated that, if anyone is interested in ABAG or if Mayor pro Tem Bigstyck wants to switch with her, she was fine with that, but if not, she was fine with that as well.
City Council Regular Meeting 28 January 10, 2022
Mayor pro Tem Bigstyck stated that over the course of the year, he never attended one of the meetings and he was fine taking over if she would like, but he was not sure what he was getting himself into.
Councilmember Beckmeyer stated that it is just one meeting a year and it is a long one, all morning and into the early afternoon. She also wasn’t aware of what she was getting herself into but you get a packet in advance and she can talk to him about what ABAG entails.
Councilmember O’Neill stated that it was very similar to what the Cal. League has the last day before everybody leaves where you pass resolutions and vote.
Councilmember Beckmeyer stated that you also get a lot of presentations and understanding and they talk a lot about RHNA and how it came to be, etc.
Mayor pro Tem Bigstyck thought it sounds like he would enjoy it, and he was fine to swap with her on that one.
Councilmember Beckmeyer stated that they will reverse their positions on that. She then stated that she got word on the SMC JPA Advanced Life Support. She stated that they don’t have an alternate on that and they only meet 2 or 3 times a year, and the January meeting has been canceled and the next meeting will be March 18. She stated that, at this moment, she is scheduled to be out of town that day and it would probably be very difficult to attend that meeting. She asked that someone else take it or someone else become the alternate and plan to attend March 18.
Councilmember Vaterlaus asked if they are meeting on Friday.
Councilmember Beckmeyer stated that it was May, not March. She stated that the JPA in which they participate, AMR, is representing them in that.
Mayor pro Tem Bigstyck stated that on May 18 they actually have an Emergency Preparedness meeting it looks like.
Councilmember O’Neill stated that it says they meet on Wednesday, 5/19, and he asked if it is 5/18 or 5/19.
Councilmember Beckmeyer stated that was last year’s date.
Councilmember Vaterlaus agreed that it is May 18.
Councilmember O’Neill stated that he can make it if no one else can.
Councilmember Beckmeyer asked if they can put him down as an alternate.
Councilmember O’Neill agreed.
Councilmember Beckmeyer stated that was a 700 committee and they will have to get that information to him for doing the Form 700.
Mayor pro Tem Bigstyck stated that, on going through the list again, he looked at Emergency City Council Regular Meeting 29 January 10, 2022
Services Council of SMC and he asked Mayor Bier how committed she was to being the alternate on that one.
Mayor Bier stated not at all.
Mayor pro Tem Bigstyck stated that he could swap in on the alternate slot.
Councilmember Vaterlaus stated that she never missed it, but you never know.
Mayor Bier stated that she never misses any meeting.
Mayor pro Tem Bigstyck stated that he didn’t want to muscle in on her turf but, as alternate, maybe he will have more of an opportunity to check it out.
Councilmember Vaterlaus stated that it is an interesting meeting.
Mayor Bier asked if anyone wanted to rotate into Open Space, as she was looking at all the times her name was on the list.
Mayor pro Tem Bigstyck stated he would love to do that, but it is Emergency Preparedness night.
Mayor Bier stated that she will stay on it. She asked if they were done and do they have a motion.
Councilmember Beckmeyer asked City Clerk Coffey if she has everything she needs.
City Clerk Coffey stated that they need to have a motion to adopt the revised list.
Councilmember Vaterlaus asked Mayor Bier if she was still on Bike and Ped.
Mayor Bier stated that she was.
Councilmember Vaterlaus stated that she saw a lot of openings on Bike and Ped.
Mayor Bier stated that they have a lot.
Councilmember Beckmeyer asked if two people from the same jurisdiction be on it.
Mayor Bier responded that they can.
Councilmember Beckmeyer concluded that any of the other four councilmembers who have time in their schedule could apply.
Mayor Bier stated that the next meeting is January 27. She asked if they have a motion.
Councilmember Vaterlaus moved to accept the list of City Council Liaison and Committee Assignments; seconded by Mayor pro Tem Bigstyck.
City Clerk Coffey took a vote by verbal roll call.
City Council Regular Meeting 30 January 10, 2022
Councilmember O’Neill congratulated Mayor Bier on her first meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Councilmember
SECONDER: Tygarjas Bigstyck, Mayor Pro Tem
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer
ADJOURN
Councilmember Vaterlaus stated that she read in Council’s rules and regulations that they were supposed to have a vote to adjourn the meeting.
Mayor Bier stated that she read that as well.
Councilmember Beckmeyer read that as well.
Councilmember O’Neill moved to adjourn; seconded by Councilmember Vaterlaus.
Councilmember Vaterlaus asked if they have to do a roll call vote.
City Attorney Kenyon stated that she is not aware of that, and she didn’t think it was a legal obligation.
Councilmember Vaterlaus stated that it was in the rules and she was surprised as they don’t do it.
Mayor pro Tem Bigstyck thought they could have that discussion when they update.
Councilmember O’Neill stated it will be the first deletion of the rules.
Mayor Bier adjourned the meeting at 10:38 p.m.
Transcribed by Barbara Medina, Public Meeting Stenographer.
Respectfully Submitted,
Sarah Coffey, City Clerk
APPROVED AS AMENDED: 5 - 0; 1/24/2022
__________________________
Mary Bier, Mayor