CITY OF PACIFICA
CITY COUNCIL MINUTES
Zoom Meeting: https://zoom.us/j/92690013329
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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 24, 2022
January 24, 2022 (MONDAY)
www.cityofpacifica.org
Mayor Mary Bier called the meeting to order on January 24, 2022 at 7:00 PM 7:00 PM OPEN SESSION
Call to Order
Mayor Bier called the meeting to order 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; Sean Kavanaugh, Dep. Fire Chief; Yulia Carter, Chief Financial Sustainability Officer; Sam Bautista, PW Dep. Director; Michael Perez, PB&R Director; Ken Fong, IT Support; Josh Montemayor, Management Analyst; Sarah Coffey, City Clerk Reading of Land Acknowledgment
Mayor Bier read the Land Acknowledgment.
Salute to the Flag led by Mayor pro Tem Bigstyck
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 City Council Regular Meeting 2 January 24, 2022
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.
SPECIAL PRESENTATIONS
A. Proclamation - Human Trafficking Prevention Month
Mayor Bier read the proclamation recognizing Human Trafficking Prevention Month. She then added that they have a document that tells how people can take action against human trafficking which is on the city’s website, www.cityofpacifica.org,. She then introduced Dr.
Stevens.
Dr. Susan Stevens appreciated and accepted the proclamation on behalf of San Mateo County Human Trafficking Program. She stated that she lives in San Mateo County and is a physician who is volunteering with this program to raise awareness among care providers in the county.
She stated that many people think human trafficking is a crime that only happens in other countries, but they are mistaken as it occurs throughout the United States, including San Mateo County and happens to all children and all adults, and in 2021, San Mateo County Human Trafficking Program conducted a voluntary assessment of local agencies and organizations and, during 2020, a range of 282 to 306 human trafficking victims were identified who had some nexus with San Mateo County, averaging over 23 victims per month, including minors, adults, labor and sex trafficking victims and they have no way of knowing how many people are victimized and it remains undetected. She stated that this program was created in 2015, in cooperation with the San Mateo County police organizations and staffed by the human trafficking program coordinator. She stated that the program works to enhance the response to human trafficking countywide in different ways by encouraging collaborative partnerships with county agencies and non-governmental organizations to enhance the delivery of services to victims, training to law enforcement and community and raising awareness. She stated that the program hosts a monthly meeting, the Human Trafficking Initiative, and is open to governmental, non-governmental, faith and community organizations and the public who have a role or interest in response to human trafficking in San Mateo County, and it focuses on human trafficking in the county and delivering relevant information on all aspects of human trafficking.
She stated that, if you want more information or to be more involved, you can email [email protected] or visit the San Mateo County Human Trafficking Program website. She thanked staff for this proclamation and inviting her to be here.
Mayor Bier appreciated her presence.
Councilmember Vaterlaus thanked her for what she is doing as it is an important subject.
Mayor pro Tem Bigstyck echoed Councilmember Vaterlaus’ comments, adding that he is speechless. He tries to say more than thank you when they do proclamations, and as he meditates on that level of evil, he was speechless and he might follow up with one of those meetings to check what that looks like and he may become more aware of the issue.
Councilmember Beckmeyer thanked her for being present at this meeting and thanked the mayor for the proclamation. She thought this was a topic that we think we know what it is about until they hear details and are amazed that it is everywhere, even in Pacifica, and it was important to be reminded. She stated that this topic makes her think, if you see something, say something, because if it doesn’t seem right, it might not be. She stated that we have resources to bring it forward.
City Council Regular Meeting 3 January 24, 2022
Councilmember O’Neill thanked her for coming, adding that he thought we had such an incident in the north end of town a few years ago of human trafficking, so it has happened in Pacifica.
He agreed with Councilmember Beckmeyer that, if you see something, say something.
Mayor Bier referred to the proclamation mentioning that victims often don’t know that they are being victimized and that affected her. She was emotionally taken by the topic and she was glad she was at this meeting as it was important, and she thanked her for all the work she does.
Dr. Stevens stated that she is jumping into it and doesn’t know a lot about it, but it is one thing that comes to her attention. She stated that the statistics financial numbers are lower than they were a year ago, and she stated that the reason is Covid as the traffickers hit the victims inside the houses and watching them, and they can’t get out to say that they need help.
Mayor Bier thought that was why her work was so important.
B. San Mateo County Libraries Annual Report
Mayor Bier stated that they have a presentation on the San Mateo County Libraries’ Annual Report from the new Libraries Manager and she was excited.
Pacifica Libraries Manager Stephanie Saba stated that she grew up in Pacifica and was glad to be back and managing Pacifica’s libraries. She presented the San Mateo County Libraries Annual Report for Fiscal Year 2020-2021, referring to its creation and the joint powers authority formed in 1999, mentioning that presently each of the thirteen libraries are part of a larger family offering transformative experiences, an inclusive sense of place and an environment for learning. She referred to the diversity of the community and how they assess and respond to their needs to uplift the community and provide much needed services to the community. She stated that the San Mateo County Libraries continue to be a high performing organization. She commented on Pacifica’s libraries new services and accomplishments to be proud of, and highlighted a few of them, such as support through Zoom during the school closures and connecting with the communities with thousands of walk-up visits. They also continued the meal programs during the pandemic as a go-to service in Half Moon Bay and Palo Alto. Their work force development program reached hundreds of people for vital support with the job losses following the Covid-19 outbreak, as well as preparing plans for safe reopening. She mentioned expansions in several of their programs. Then showed a video of a new program for the children.
Mayor Bier mentioned that they had lost the sound and thought she should play it again as it was important information.
City Clerk Coffey was checking on the status to see if she can switch to the computer sound rather than the microphone.
Councilmember Vaterlaus thought it was cute even without the sound.
Mayor Bier thought, if they can’t get the sound, they can put the link on Connect with Pacifica so people can see it, and play it at the Pacifica Collaborative.
Ms. Saba stated that she will send her the link. She stated that they were looking forward to accomplishing many new and exciting priorities, including opening the new Atherton library in City Council Regular Meeting 4 January 24, 2022
the spring and working on the new library in Palo Alto and Pacifica, refreshing other library interiors, etc. She thanked Council for allowing her to come to the meeting and all their help, and she thanked the library staff for their work.
Councilmember O’Neill thanked Ms. Saba, stating that he hasn’t had a chance to meet her because of all the Zoom events. He stated that they have a library system that they should be proud of, mentioning the program committing to every child reading at least at the third grade level so no one will be left behind. He acknowledged that they stepped up to the plate and continued serving lunches during the pandemic and were adapting to the realities of Covid with Zoom classes. He stated that there are a lot of groups that meet at the library and they are filling the gap with the schools being overwhelmed. He was proud of being on the Board which is one he has enjoyed. He mentioned the special exhibit at the Brisbane library. He thanked Ms. Saba for being a part of all that, as well as managing Pacifica’s libraries.
Mayor pro Tem Bigstyck welcomed Ms. Saba home to Pacifica. He had the opportunity over the past few months to see the Atherton library and visiting the Half Moon Bay library and Brisbane library and salivating on what they have and what Pacifica could have when we make it happen. He was looking forward to get the Library Advisory Committee going again, and he was excited to begin that process and bring the collaborative community space to Pacifica.
Councilmember Beckmeyer welcomed Ms. Saba as she hasn’t seen her for some time. She is happy that she is here, mentioning city employees who come at a young age and graduate to different levels of responsibility. She thanked her for the support that the San Mateo County Library provides to our schools, which is so necessary as schools do a great job but can’t cover all the hours. She considers it an amazing resource that never stops giving. She was on board with Mayor pro Tem Bigstyck that they will be back on it in 2022.
Councilmember Vaterlaus thanked her for reminding them of all the great things that libraries do, adding that it is not just about books anymore but about everything, such as people looking for jobs, etc. She was hoping that this is the year for the Pacifica library.
Mayor Bier thanked her for coming, adding that it was nice to meet her. She reiterated that they can talk about playing the video at the Pacifica Collaborative with a presentation.
Ms. Saba agreed, and she thanked the Council for having her.
Mayor pro Tem Bigstyck stated that he saw a hand raised, and he didn’t know if it was a comment for this item or a different reason.
Mayor Bier questioned if she was supposed to ask for public comment.
Mayor pro Tem Bigstyck thought it would be a good idea to check on it.
Mayor Bier opened public comment.
Mgmt. Analyst Montemayor requested the member of the public to unmute, but the participant with the hand raised did not respond.
Mayor Bier closed public comment, and stated that, if necessary, he could add comments later.
City Council Regular Meeting 5 January 24, 2022
CONSENT CALENDAR
Mayor Bier asked if any Councilmember wanted to pull an item for deliberation and discussion versus just asking questions or making a statement. She then opened public comments on the Consent Calendar items, indicated that none have been pulled.
Mgmt. Analyst Montemayor saw one hand raised by Christine Boles.
Christine Boles, Pacifica, stated that she had a few questions about consent Item 3. She was pleased that the North County Fire is applying for a grant for vegetation management to prevent wildfires and for community education, mentioning her thoughts on this item and her questions for Dep. Fire Chief Kavanaugh.
Mark Hubbell, Pacifica, mentioned sending an email to Council and staff on concerns regarding the General Plan EIR report and he was still waiting for a response.
Councilmember O’Neill mentioned that this was not oral communications.
Mayor Bier thanked him, and explained that this is the time when they are asking the community for public comments on Consent Calendar agenda items, and if Mr. Hubbell would like to do that, he can, but if not, he can save his comment for the oral communications item.
Mr. Hubbell asked when that period is.
Mayor Bier stated that it was after the motion on consent and they go through the agenda.
Mgmt. Analyst Montemayor stated there were no other speakers.
City Manager Woodhouse stated that Dep. Fire Chief of the North County Fire Authority is present and they were happy to respond to the question related to the process they undertake for how any received grant funds would be prioritized for a project and he thought the questions and comments from Ms. Boles, except for that one, did not relate to this exact calendar item but more to the Plan Pacifica documents that are out for review. He stated that staff is not prepared to respond to those questions at this time and she has submitted comments on those documents. He thought they could back up and say that, for the thousands of dollars they applied for, they only received a certain amount and their prioritizing process, such as the chipping program, was spread around the city to treat areas that North County Fire determines are the most priority. He then left it to Dep. Fire Chief Kavanaugh to comment.
Dep. Fire Chief Kavanaugh stated that they applied for the climate CCI grant with CalFire. They applied for it last year and it was denied. He stated that there are multiple grants and the reason it is on the agenda is that when they get approval through a city’s Council, it helps in the process. He stated that they also applied for a Coastal Conservancy grant that they were awarded last year and used for the chipping program and they were applying for that again this year.
Mayor Bier thanked him for being present to answer questions.
Dep. Fire Chief Kavanaugh thought that what they are trying to do in Pacifica was very successful with the chipping program last summer and they hope to be successful in the grant application again for Coastal Conservancy. He stated that this CCI grant is a lot bigger grant City Council Regular Meeting 6 January 24, 2022
and there are a lot more people statewide that are applying for it. They look at the serious fire severity zones in communities with a history of fire. He wanted to confirm that they put it on the Council’s consent as it helps in the process when they put the grants through.
Mayor pro Tem Bigstyck thanked him for being present, adding that he enjoyed a presentation recently by Ryan Adams at the Emergency Preparedness concerning how $130,000 went into the chipping program. He thought that money was able to allow the chipper could go to many neighborhoods and 28 loads were taken away. He stated that he didn’t have the number by weight but the conservative estimate was that each load was no less than a ton of chipped material from everything that was cleared out. He stated that, if he wanted to comment further on the programs, it might help.
Dep. Fire Chief Kavanaugh referred to the grant they had the previous year, and he stated that they still have funds left over from the Coastal Conservancy grant that they will use again and finish the funds they got from the them. They hope they will be awarded again by the Coastal Conservancy or CCI grant. He stated that, when they get a grant, it is very specific on how they have to use them, and keep those who award the grants informed as there were specific details on how they use that money for the projects they do.
Councilmember Vaterlaus asked if they use that grant money in areas they deem are higher fire hazard zones.
Dep. Fire Chief Kavanaugh stated that, for the chipping programs, when you look at the maps submitted through the Coastal Conservancy, it was the horseshoe around Pacifica to the east, to the north, to the south and they will continue to do it again this spring. When they look at the maps, they will pick areas they think will have the most benefit to the residents, and working to clear the vegetation.
Mayor Bier thanked him for being here. She asked Council if they had any statements or questions on any of the consent items. She stated that she has one statement on item #4. She wanted to be sure the Chit-Chat Café is getting plenty of information as early as possible about when the pier is going to be closed because it is affecting their business. She didn’t think it was part of the lease agreement, but she wanted to be sure they heard it and it was on the record.
Councilmember Beckmeyer thanked her for mentioning it, as she thought about it as well, and she thought it was germane to the item on the consent calendar and is covered in the lease, and thought the City Manager might want to comment on that, as there are definitely times when the pier needs to be closed for certain reasons. She then wanted to check in on the minutes. On packet page 15, the second to last paragraph, when Councilmember O’Neill was speaking about the solar system for the community center and he was referring to rebar and concrete and being able to see rebar through concrete, and she thought the statement City Manager Woodhouse was referring to was “failing concrete” and the minutes say “falling”. She just wanted to clarify for the record what he stated or what was intended.
City Manager Woodhouse stated that he was not looking directly at the minutes now, but he recalled saying that, when there is metal showing through concrete like that, it is called spauling, thus clarifying that it is not falling or failure, and not sure if it is spauling or spaulding, but that is the correct thought.
Mayor Bier asked if he can comment on the lease agreement about giving them proper notice.
City Council Regular Meeting 7 January 24, 2022
City Manager Woodhouse asked if she can repeat the question, as he understood that they have a graduated charge or correction provision in the lease for when access to the Chit-Chat is hampered by pier closures, storms, etc., as sometimes the pier is closed but the Chit-Chat is still available. He stated that Director Perez has handled the negotiations with Chit-Chat owners and maybe he could speak more specifically to it if necessary.
PB&R Director Perez reiterated what the city manager said, but referring to the mayor’s first comment, he stated that they don’t have a lot of time before the pier is closed. He stated that, if there is work planned, and there will be some happening and they will have a lot of notice, but typically the timing is not something that staff has had control over. He stated that part of their negotiations included his meeting with Paul Lavorini, Field Services Manager, along with the owner of the Chit-Chat to discuss some of the notifications and various things. He concluded that it is covered and they looked back in 2019 or 2021 when the pier was closed for a long period of time, and they made adjustments for that.
Mayor Bier asked for a motion.
Councilmember Beckmeyer moved to approve the Consent Calendar with the amendment to the Minutes; seconded by Councilmember Vaterlaus.
City Clerk Coffey took a vote by verbal roll call.
Mayor Bier stated that they would open public comments on the consent calendar.
City Attorney Kenyon stated that she already opened that for the consent calendar, which is when Christine Boles spoke.
Mayor Bier stated that they stopped Mr. Hubbell in the middle.
Councilmember O’Neill stated that was because he was speaking on oral communications, and now it is oral communications.
Mayor Bier thanked Councilmember O’Neill for the clarification and then went to oral communications.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Sue Vaterlaus, Councilmember
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer
1. Approval of Disbursements for 12/01/21 through 12/15/21.
PROPOSED ACTION: Move to approve attached lists of disbursements for 12/01/21 through 12/15/21.
2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the special and regular City Council Meeting held on January 10, 2022.
City Council Regular Meeting 8 January 24, 2022
3. Vegetation Management and Wildfire Preparedness Grant Funding Opportunities Through CalFire
PROPOSED ACTION: Approve the resolution to submit for state sponsored grant funding for community vegetation fuel reduction and community education within the City of Pacifica.
4. Adoption of a Resolution of the City Council of Pacifica Approving the Lease Agreement Between the City of Pacifica and Paul and Amy Kukielka, dba Chit Chat Café for the Premises Located at 2100 Beach Boulevard (Located at the Pacifica Pier); authorizing the City Manager to execute the lease agreement and finding the lease categorically exempt from the California Environmental Quality Act (“CEQA”).
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 Amy Kukielka, dba Chit Chat Café for the Premises Located at 2100 Beach Boulevard (Located at the Pacifica Pier); authorizing the City Manager to execute the Lease Agreement and finding the lease categorically exempt from the California Environmental Quality Act (“CEQA”).
5. Peninsula Clean Energy Solar Photovoltaic System with optional Battery Storage Municipal Facilities Procurement
PROPOSED ACTION: Adopt a Resolution authorizing the City Manager to deploy a Solar Photovoltaic System (Solar PV System) with optional battery storage at the Pacifica Community Center in partnership with Peninsula Clean Energy should the City Manager determine there are cost effectiveness or other community benefits as determined by the City following participation in a collaborative procurement(s) led by Peninsula Clean Energy.
6. FY 2021-22 Street Asphalt Base Repair Project
PROPOSED ACTION: Approve the following actions for FY 2021-22 Street Asphalt Base Repair Project:
A. Authorize the City Manager to Award and Execute a Construction Services Agreement with G. Bortolotto & Co., Inc., in an Amount Not to Exceed $ $151,208.90, including Contingencies and Change Orders; and
B. Authorize Staff to Execute Future Change Orders in an Amount Not to Exceed TwentyFive Percent (25%) of the Contract Award Amount.
7. Playground Equipment Improvement Project (aka FY21-22 Priority Parks Project) PROPOSED ACTION: Move to approve a Master Agreement for Consultant Services and Task Order No. 1 with NCE (Attachment “A”) in an Amount Not to Exceed $274,540.00 for the Playground Equipment Improvement Project (aka FY21-22 Priority Parks Project), authorize budget authority in the amount of $301,994, which includes a 10% contingency amount of $27,454, and authorize the City Manager to execute all documents associated with this Agreement.
ORAL COMMUNICATIONS
Mgmt. Analyst Montemayor introduced the speakers.
Dan Stegink, Pacifica, stated his concerns about whether they need to pull an item from the City Council Regular Meeting 9 January 24, 2022
consent calendar as he thought it was a huge violation of Roberts rules. He then mentioned a specific situation at a February 20 meeting where there was a discussion by the city manager, the mayor and other councilmembers which he thought were Brown Act violations, mentioning his thoughts on the consent calendar process.
Jim Kremer, Pacifica, stated that he refuses to believe that anyone in the city was willing to address the EIR process and presented his concerns and specific suggestions and urged Council to fix this problem.
Nancy Tierney, Pacifica, referred to the process in the released General Plan update, Draft Environmental Impact Report and the Sharp Park Specific Plan, and mentioned her thoughts and concerns on the city’s process, and she encouraged the Council and staff to pursue more rigorous public engagement per the models she mentioned.
Suzanne Moore, Pacifica, has been trying to complete reviewing the General Plan and draft EIR, stating that she has been struggling, and she expressed her thoughts on how they can make changes to help the community be better involved, and she asked for the improvements as well as an extension of the deadline for public feedback.
Lynn Adams, Pacifica, thanked the number of volunteers for the Pacific Beach Coalition since Covid through 2020 and 2021, totaling 18,760 volunteers, who picked up almost 75,000 pounds since January 2020, giving some specifics on their efforts. She stated that the Pacific Beach Coalition has been very engaged in trying to handle all the litter on our beaches and streets since Covid, mentioning new programs for volunteers, including specific student programs. She thanked Council for their support and they looked forward to keeping Pacifica clean.
Bijan Khosravi, Pacifica, mentioned attending a meeting in August to request approval of Lot 3 in Ohlone. He thanked the Council for the approval and the support from the community, but stated it has been delayed with no reasonable response from the Planning Department, mentioning the specific problems with Planning staff.
Summer Lee, Pacifica, stated that she was part of Mr. Khosravi’s appeal and she supported his concerns as he did everything right. She then addressed the community’s concerns about the ability to read and understand the draft General Plan. She mentioned some of her thoughts and supported the community’s request and asked for clarification on the process.
Mark Hubbell, Pacifica, stated that his effort in trying to review the draft EIR has been a struggle, and he mentioned his thoughts on the process which he found frustrating and unproductive and questioned the city abandoning the robust reach out program presented in 2014, and presented his suggestions to fix the problem.
Christine Boles, Pacifica, echoed the concerns of previous speakers on the General Plan and EIR process, and asked for a response to concerns that she has raised and when they can expect the updated changes requested by the involved community. She also expressed support for Mr. Khosravi’s project and mentioned some specific concerns that need to be addressed.
Jose Luis, Pacifica, thanked Council and staff for all their work. He voiced concerns about the flags at the pier, and requested they get new ones.
Pete Shoemaker, Pacifica, referred to his concerns on the General Plan and EIR, which is City Council Regular Meeting 10 January 24, 2022
basically on the process. He asked that the city work with experts in the community to improve the documents, lower staff stress and make their jobs easier, and move them on.
Jesse Thomas, Pacifica, stated that this is his first time to be on Zoom and he asked if this is the time to bring up agenda #9.
Mayor Bier stated that it is not, and they will let him know when they are on that item.
Peter Loeb, Pacifica, stated that the draft EIR needs to be fixed, specifically mentioning his thoughts on what needs to be done. He also thought the General Plan draft needed an interactive table of contents and mentioned his suggestions for any changes. He also supported Mr. Khosravi in his struggles as he worked in good faith so he got a project everyone supported and he is ready to go.
Marj Davis, Pacifica, stated that she also has concerns on the draft General Plan and EIR and has had a lot of input from other members of the public. She mentioned concern at the misspelling of Councilmember’s names, as well as other errors, etc. She then presented her suggestions to improve the documents properly, and asked the city to withdraw them, make the corrections and resubmit them to the public and reset the 45-day review period.
COUNCIL COMMUNICATIONS
Mayor pro Tem Bigstyck stated that he did a lot over the past few weeks, and would like to report in a timely fashion, but he would also like to respond to what they heard which he thought it was important.
Mayor Bier agreed.
Mayor pro Tem Bigstyck shared a lot of the community’s concerns. He stated that some of the feedback implies that city staff is trying to undermine the process, which he did not think was the case. He thought half a step was missed, starting by taking personal responsibility as in his zeal for wanting to get the General Plan through, he joined with the thought to get it done this year, and he thought they did the right thing. What he didn’t understand during his participation in the discussion was that they were trying to get it done as quickly and best way possible, but he should have taken a role in asking what the roll out would look like. When he looked at the first page and his name is not spelled correctly, he didn’t think it was because they aren’t good at their job but there was a lot of work to do and they were asking them to do it quickly, adding that he is not concerned if his name is not spelled correctly, because his main concern is the experience they are having as a community. He felt they have what they asked for, which is a lot of documentation, and he thought staff will speak later to say they are doing what they can to make the documents more user friendly. He stated that what is frustrating is that they are talking to staff but the public is not hearing those conversations, as they are listening to the public and then they are talking to each other. Councilmembers are trying to serve the public while they are working with exceptional staff. He stated that, as everything in government, this is going to be a long process. He commented earlier that he didn’t think he could sit through another year waiting for the General Plan, but staff is working on making them more user friendly. He stated that his request to fellow Councilmembers, the community and staff is if they can figure out where they are now and how to breathe into this. He didn’t think they need to start over. They haven’t seen the feedback coming from the community about the EIR yet, and as they get closer to the deadline, that is when they decide if an extension is appropriate. They haven’t heard what the public specifically does not like about the EIR except City Council Regular Meeting 11 January 24, 2022
for the difficulty to read it, and as they get closer to the deadline, Council needs to address if an extension is appropriate. He stated that, on the documentation page, it shows that comments are requested to be made on the General Plan and Sharp Park Specific Plan by February 21, along with the EIR and he didn’t think that was right as the comment period for the General Plan and Sharp Park Specific Plan are independent of the EIR and closer to May when they are going to have the Planning Commission hearings on those and in June when they have Council hearings on them. He was inviting everyone to take a deep breath, figure it out together and they are trying to. He stated that they have lots of time to comment on the General Plan and the Sharp Park Specific Plan. He stated that, as they get closer to the EIR deadline, they will figure out if an extension is appropriate. He asked if they will allow him to now talk about what he has done over the last two weeks.
Mayor Bier asked that he go through it quickly.
Mayor pro Tem Bigstyck reminded everyone about covidtests.gov, stating that they can order four free Covid tests now through the mail system and it will come in about two weeks. He attended the PRC meeting where James Crow who is going to be the President of Fog Fest was present. He attended the Pacifica Daly City Democrats meeting where Senator Josh Becker spoke. He attended the ribbon cutting for Elevate Healing on Palmetto afterward as they are entering the next stage of their business. He stated that, if you are into holistic medicine, they are doing great work and he encouraged checking them out. Peninsula Clean Energy held a special meeting before the California Community Power meeting which is determining whether we are cooperating with a lot of the other CCAs, Community Choice Aggregations to purchase a real big battery so we have a place to store all our clean energy. With Emergency Preparedness, he talked about vegetation management update that Ryan Adams gave. He attended a San Mateo Labor Council food distribution in Millbrae and distributed food with Senator Josh Becker’s staff. He went to Foster City to look at how they are progressing with their sea wall project, which is impressive. He and Councilmember Beckmeyer got a fabulous tour of the stormwater drainage infrastructure, pump stations, learned about the Master Plan update underway, and he thanked the staff for giving them the tour. He attended the One Shoreline online meeting and had lunch at Kenny’s.
Councilmember Vaterlaus attended a meeting called Smart Coast California which is encompassing all the coastal towns and learned about a new type of reef balls which they are placing out and they are interesting because they become living reefs, have holes and they have growth and develop plant life as well as marine life that are protected in them. She attended the Fairmont Homeowners and they concerns were about the field that SI owns and she understood that the whole building has been demolished. She stated that the San Mateo County Legislative meeting was an intense meeting about everything the county has done during all this Covid time, explaining about the testing, food programs, etc. and it is not over.
She attended the CCAG’s Legislative meeting, and they had left off various places like Highway 1, Skyline 35 and they have added all peninsula interchange and highways which is a good thing. She attended the CCAG’s regular meeting and they are getting closer on the managed lanes and there were presentations on the end of managed lanes. She drove on 101 and the streets are coming along and it is easy to drive on 101. She did a walk to school presentations and drainage programs. She also attended the San Mateo Flood and Sea Level Rise / One Shoreline meeting which was short. They talked about some new projects they will be working on. The Covid recovery coordination meeting for the county gave a lot of numbers because they are talking about testing, which we have in Pacifica on Sunday on Francisco. She asked the public to call ahead to get an appointment. She attended the Democrats with Senator Josh Becker and, thanks to the Mayor pro Tem, she met his chief of staff at the ribbon cutting for City Council Regular Meeting 12 January 24, 2022
Elevate. She attended the San Mateo County Office of Emergency Services Council and she asked people to sign up for SMC Alerts. She stated that we are going to a different system where everything will be consistent. She stated the county is happy to have countywide 10% participation. She thought that was dismal, and in Pacifica we have 20% which is still bad and they think that is high. She asked if they could do that as an opt out, instead of people having to opt in. She stated that they said they have a program that is opt out with land lines. She didn’t think land lines work. She hoped that, with the new program, they can try to do opt out so everyone gets the alerts. She stated that the also talked about Zone Haven which is working well with ways and if there are evacuations, check what your tentative evacuation route would be, know what your zone is. Someone asked what if they don’t know their zone and they need to evacuate, and she said it was not a big deal, but if you don’t know it, it will tell you what streets and give you all the information on the zones and, in an emergency, you will know how to evacuate. She thought it was a great program.
Mayor Bier stated that she goes to all meetings.
Councilmember Vaterlaus stated she went to ten additional meetings she didn’t talk about.
Councilmember O’Neill was with Councilmember Beckmeyer at the Economic Development Committee meeting and they heard a presentation by John Hutar who is the executive director of the San Mateo County Convention and Visitors Bureau, which was interesting in terms of where we were, where we were at, where we hope to be, and interesting info on visitors in San Mateo County and what they do. He stated that the Holiday Inn remodel did not have any sort of big rooms for business conferences and he is putting together a tour to show up to 7 or 8 people places to have meetings in Pacifica. He is going to try and borrow a van from the school district. He attended a climate meeting and they got a code red and got several emails about it.
He stated that he talked to Mayor pro Tem Bigstyck about approaching PCE for a potential way they could facilitate that partnership. He got a tour of the carpenters apprenticeship train facility they built in Pleasanton, and while you think of a carpenter with a hammer, but they have 16 different professions that fall under the carpenters’ union, drywall, etc., but the most interesting was when Mayor pro Tem Bigstyck went to Foster City to look at their seawall, the carpenters were the ones who drive the piles for the seawalls and they train all the divers for any underwater work done through the carpenters’ union, in addition to framing, welding, etc. He is chair of LAFCO.
Councilmember Beckmeyer acknowledged that she attended the Democrats’ meeting with Senator Becker, and was a wonderful experience. She thought we were fortunate to have close working relationships with the elected officials who represent us and they are getting to know more about Pacifica and our needs, and that is what we need. She mentioned previously that she had applied for a County committee, Resource Management and Climate Protection Committee and she was selected for that committee. She was very impressed at the first meeting from a micro project in La Honda having to do with what happens when we have power outages and the school can’t function. She stated that, in La Honda, there are 22 teachers with 20 who live in town. She stated that they can’t draw water to run the school if they don’t have power. That was the problem being discussed and resolved, and she got in on a proposal. It was fascinating that the portable generators that are electric are charged up and ready to go.
She stated that the concept is to have the power box batteries ready for teachers to take home and have at their home so they can function and support the kids. She stated that there was a central site for the battery gets recharged and you can take out a different one, almost like a lending library, and it is good enough to run a refrigerator and household appliances. It was not practical to charge it at home as it needs to be able to charge it quickly at a commercial building.
City Council Regular Meeting 13 January 24, 2022
She was fascinated to see the kind of thinking that goes on in this committee about how to handle a relatively small but significant problem in La Honda. She stated that it went to a giant presentation about the Tech Clean California program that has to do with single and multi-family homeowners and an electrification incentive program. She stated that the hear about not having a gas water heater but an electric one and the mechanics of how that rolls out and how the conversions takes place. She stated it is on many levels and there is an issue about heat pumps for space and water heating and learning how those alternatives could be implemented in built environments such as ours. She stated that, if she is ready to change her water heater, how does she consider a heat pump, and what does it look like. She stated that educating everyone, not just at the consumer level, but also the contractors so when you contact a contractor, and you say that you need to replace your water heater, they are well-versed in the different options. She mentioned things they get high level presentations about at Council level are nitty gritty to figure out how it works at the implementation level or education level to move to implementation. She stated that, when she has concrete things to bring them she will, but now it is a fascinating learning process to see what she can bring back to Pacifica and Councilmembers. She referred to Mayor pro Tem Bigstyck mentioned refreshing our Reach Codes and she would like to know about what that means. She thought they were on cycle this year about building codes being updated. She stated it was done in 2019 but it is coming around as it is done every 3 years and they will be hearing about it from staff but her understanding is that, each time it rolls around, because of California’s high bar and goals for addressing climate issues and greenhouse gas emissions, each time Title 24 is updated, it will be more stringent and more expected. She stated that learning it now as it is getting ready to be rolled out will be helpful. She stated that there was a Coastal Cities Group meeting with two new representatives, one from Dana Point and one from Fort Bragg. It was a long meeting and the working agenda for the year has to be approved by the CalCities Board. She thought they put together a good next steps for the work done so far over the last 2-3 years in terms of educating coastal cities about sea level rise adaptation, working with Local Coastal Plan Updates and all the things we do in Pacifica that every coastal city has to do. She questions how they make the process smooth, work collaboratively with Coastal Commission staff, before they get to the point of the Coastal Commission hearing, and all the steps along the way.
Mayor Bier attended the county call for the elected speaking about Covid / Omicron virus and testing. They heard from Senator Becker, Congresswoman Jackie Speier, Health Officer Scott Morrow and it was very informative. They were hoping they weren’t going to have those anymore, but with Omicron, they had to come back to gather all the information to do the right thing for our communities. She had some conversations with Tree City Pacifica that have concerns about public noticing and trees being cut down before they have a replacement plan in place and she echoed those concerns. She attended the Open Space and Parkland Advisory Committee, adding that there are so many things going on with open space. She stated that it was always informative to attend the meeting and she encouraged the community to attend those meetings as they are open to the public. They had an update from GGNRA which is the Golden Gate National Recreation Area. The restrooms on Mori Point were not working again and everyone let them know that they are on it and they thought the restrooms they put in would work better for the amount of people coming to Mori Point, but it is evident that they are not.
They are hoping that they will be able to do some work on them and bring in a different kind of toilet for those restrooms. She stated it was a big deal as we need those restrooms open and people are affected by that. She stated that the city is meeting with GGNRA again this week and they are following up on all the points they made in the first meeting with them and they will let them know how that goes as Planning will be meeting with them. She met with some merchants on Palmetto who are looking to create a maker’s fair in the space behind their businesses. As that moves forward, she will let everyone know more about that. She thought it City Council Regular Meeting 14 January 24, 2022
was wonderful to see merchants working together to bring something like artistic and fun to our community. She attended the Pacifica Environmental family’s history of open space presentation. She urged everyone to take a look at that. She thought we took our open space for granted like it was always here and that our community actually had to work super hard to make sure that the open space was protected and they had to raise money in order to get the land over to GGNRA and a lot of things had to happen with a lot of our community leaders. She stated that it was a beautiful presentation and she appreciated it. She also attended the New Mayors Academy through the League of California Cities and they should probably have a session on facilitating the consent calendar. She stated that they did have an exercise with an irregular meeting of the City Council, called dysfunction junction, and they do a comedy act of what to do and not to do during Council meetings. She stated that there was a session on learning about California cities, the League of California Cities and how to use them, developing an effective City Council and City Manager team, a key to good government in the city, and a long session on financial responsibilities and a city revenue workshop which is telling for our agenda at this time, and it was a good warm up for her to start hearing the terms and learning all the different strategies out there. She stated that there are two more days of the Mayors Academy next Thursday and Friday, and she appreciates the city for sending her to that as she appreciates all the opportunities to learn. She seconded everything that Mayor pro Tem Bigstyck said about all the information about the EIR and the draft plans, stating that they are hearing the public loud and clear. They are also trying to go through the documents and she knows how hard it has been for them. They are working on it and they will hear more about it as they move forward.
City Attorney Kenyon wanted to respond to one of the comments that was made during oral communications regarding the consent calendar. She clarified for the public and Council that the Council has not violated the Brown Act by any means with regard to how they handled the consent calendar. She explained that the consent calendar, by its very nature and definition, can be had by one motion, one public comment period for all the items on the consent calendar.
If a Councilmember pulls a consent item, which did not happen at this meeting, then if it is pulled off the consent calendar and added to the agenda, that item would not be discussed as part of the consent calendar but a new agenda item. That did not happen at this meeting, and if it had, there would have been a different public comment period for that particular item. She reiterated the clarification if Councilmembers have any questions about it, and she wanted to be clear that there was no Brown Act violation with the way that the consent calendar was handled at this meeting.
Mayor Bier appreciated her clarification.
STAFF COMMUNICATIONS
City Manager Woodhouse stated that he is going to have a prepared report to read on the Plan Pacifica documents for review. He stated that it is lengthy, and he asked that they bear with him as he reads through it as it answers a lot of the concerns that the community has commented on during oral communications. He stated that, in addition to the PDFs provided, at the beginning of the Plan Pacifica review period, the city has received requests to provide the documents in various other formats and with various search functionality. They have worked to accommodate those requests to make public comment as easy and as accessible as possible.
As of today, staff has made available to the public the Microsoft Word versions of the draft General Plan, draft Sharp Park Specific Plan and draft Environmental Impact Report. The documents are available in the same location as the official PDF format version at planpacifica.org under the project document page. The public can download individual chapters City Council Regular Meeting 15 January 24, 2022
in Microsoft Word format, although the Word format doesn’t include the pictures and figures and formatting that the final production PDF does. It allows for rapid download by chapter, ease of searching and cutting and pasting, etc., to make the documents ultimately accessible. He stated that it includes tables and figure numbers for easy reference with the PDF version. He stated that the next improvement staff is working on is to make the table of contents interactive in the final production PDF. He stated that the chapter headings have already been made interactive and are live on planpacifica.org and they will continue to work on that interactivity.
He stated that the city continues to encourage comments on these documents, and they began receiving comments about the document contents just hours after they were posted for public comment. He stated that the documents have clearly been accessible, but the city is interested in making them more accessible. As community suggestions for viewing so and is spending the resources beyond what is required by law to achieve increased access and ease of review. The staff thanks the community who have provided constructive suggestions about this matter and they have taken those actions. He stated that the public comment period on the draft EIR will end on February 21 at 5:00 pm and comments on the General Plan and Sharp Park Specific Plan, as Mayor pro Tem Bigstyck pointed out, can be submitted up until noon on the day of the Planning Commission’s hearing which is anticipated for some time in early May. He stated that the city does encourage submission of comments on the draft General Plan Update and Sharp Park Specific Plan as early as possible along with the 45 days review period for the draft Environmental Impact Report. He stated that once comments on the draft Environmental Impact Report are received, the city will prepare a response to comments to be considered by the Planning Commission and City Council during hearings for certification of the EIR and adoption of the General Plan Update and Sharp Park Specific Plan. He stated that city staff will also strive to provide response to comments on the General Plan Update and Sharp Park Specific Plan, although not required by law, if they are received in a timely fashion before the hearing. Otherwise, all comments received will be included as part of the written records to be considered by the Commission and Council. He reiterated that the documents were available on planpacifica.org under the Project Documents page.
Councilmember O’Neill thought that, at the next meeting, they will be hearing from the FAA on the flight paths and some people follow that.
City Manager Woodhouse stated that he is correct. He knows they are having a meeting on Friday and they will confirm their availability for that date. He hasn’t had final confirmation, but they want to plan on that presentation on the 14th.
Mayor Bier called a short break then reconvened the meeting.
PUBLIC HEARINGS - NONE.
CONSIDERATION
8. Consultant Services for Preliminary Feasibility Assessment of Public Private Partnership with Pacifica School District
PROPOSED ACTION: Provide direction to the City Manager about soliciting consultant services for a preliminary feasibility assessment of a public-private partnership with Pacifica School District.
City Manager Woodhouse stated that the Pacifica School District Superintendent Heather Olsen City Council Regular Meeting 16 January 24, 2022
was present to answer questions, and then presented the staff report. He thought Superintendent Olsen might have additional comments, but left the process to the mayor.
Mayor Bier asked if Councilmember O’Neill had further comments first.
Councilmember O’Neill thought that, since the City Manager said the superintendent’s hand was up and they could hear from her and then he can answer any questions she might have.
Mayor Bier was in agreement and welcomed the superintendent.
PSD Superintendent Olsen thought no one appreciates the work of public officials more than they do, and thanked them for what they do for students and their family. She stated she didn’t have any questions and she wasn’t present on behalf of the Board as they have not discussed this item, but as the manager of the school district, she is happy to represent their current thinking.
Councilmember O’Neill thanked her for her time as schools are being put “through the wringer” presently. He asked if Councilmembers had questions. He stated that it was basically to study the feasibility of moving the city’s corporation yard at Milagra down to the school district site where their corporation yard is already and they would use the city’s corporation yard to build a school district office and something on the ground floor of a Council Chambers or whatever they deem fit and above that they would have affordable housing. He got a proposal and at the Cal League Conference, he approached a firm that send in a proposal as to what they would charge. If Council gives the City Manager authorization, they can consider not to exceed a certain amount.
City Manager Woodhouse added that the initial quote he got was around $10,000.
Councilmember O’Neill thought it was around $10,000, but he can’t find the data. He asked Councilmembers if they had any questions on this concept. He added that there was another firm that approached him on this item and he would forward the name of the firm.
Councilmember Beckmeyer stated that, in terms of staff interface with a consultant, the staff report sounds like it is a finance focus and she asked if Chief Financial Sustainability Officer Carter will be involved in the initial conceptual discussion or Planning or Public Works or how would the City Manager envision it at this point.
City Manager Woodhouse thought, at this initial assessment, it will be a team including him, Planning, Public Works and Finance, as the consultants need to know operational space considerations and that will include Public Works and Finance, and Planning related to zoning and land use questions, and he thought they should add the city attorney’s office as there will be questions about ordinance, etc. He stated that it is a quick preliminary assessment and they would try to streamline any involvement of the departments. He stated that they want to put good and accurate data into the assessment to get good output.
Mayor pro Tem Bigstyck wasn’t sure who to address his question to, but in the staff report stated the likely timeframe for the school district would be August to December, and he asked if, for time budgeting, it would be best to stick this on the goal setting work plan for the best possible time management as he didn’t know the time needed but felt a sense of urgency. He asked, if it can’t be done until August, if it would be best to put it on the work plan rather than making a definitive decision at this time.
City Council Regular Meeting 17 January 24, 2022
Councilmember O’Neill stated that, if they do an RFP now, he thought an RFP goes out for 30- 60 days or 90 days.
City Manager Woodhouse thought with the concise and short nature of this, it can be a lot quicker than that, but a minimum of three weeks.
Councilmember O’Neill thought, with three weeks to put it together, at that point they have to advertise it and put it out for firms to look at and see if they want to do it and have to allow 30 days, so he thought you were not talking much before April to May that the firm would hit the ground running. He thought they could probably do a lot of the preliminary work with city staff before they go to the school district staff in August or late July, and at that point, if they do it, once they have the finished product, he thought it would be appropriate for it to be on the work plan or discussion for March 2023.
Mayor pro Tem Bigstyck thought his question for the City Manager would be, if they add this at this meeting, and in April would be when the consultant starts talking to city staff, whether that would overburden city staff or relatively insignificant.
City Manager Woodhouse stated that what he and Superintendent Olsen discussed is that, in scoping out the work that needs to be done, the school district staff probably should to provide input into that scope of work, as he would want to consult with them and work to minimize the time they would take. He stated that is one piece of staff workload for both the city and school district, but when the consultant begins work, that is when you will have meetings to gather information about the school district’s and city’s corporation yards, etc. He thought a good point made is that, if they do the study which is a minor undertaking compared to other RFP studies, if it comes back positive, Council would probably have to take the next step and that is when it is necessary that the work plan item that staff resource will prioritize and that will be the potential discussion in putting it on the work plan during goal setting.
Councilmember O’Neill thought the biggest thing Pacifica has is a lack of space to build any affordable housing and money for the school district and the city, and trying to combine to accomplish the goals to help both entities as they move forward.
Superintendent Olsen stated that this was not on the school district’s radar at all, and they loved the original thinking and she thought following a study of the value of the land and feasibility would be of great value and they would be happy to participate in the scoping out. She stated that, for their chief business official, that seemed like a manageable task, but the actual work with staff should happen after they get past the 2022 school year, adding that they didn’t dream this one would be so hard.
Councilmember O’Neill thought she was speaking from a very big reference point in terms of what schools are going through. He thought, if they have a shared corporation yard, that could lead to shared resources for back hoes, dump trucks or other equipment they might need and it might work better with shared expenses and savings.
Mayor Bier thought they should go to public comments unless there were other questions.
Mayor Bier opened public comments.
Mgmt. Analyst Montemayor introduced the speakers.
City Council Regular Meeting 18 January 24, 2022
Dan Stegink, Pacifica, referred to the scope of this item, and stated that it was not properly noticed and he didn’t think they could take a vote on this at this time. He stated that he heard the City Attorney’s comments pursuant to the Bagley-Keene and the Brown Acts, and he disagrees with her, and he is making a Public Records Act Request for all the text messages between Councilmembers O’Neill, Beckmeyer and Vaterlaus at this meeting and ask that they be delivered to the City Attorney this evening.
Christine Boles, Pacifica, thanked Councilmember O’Neill for bringing this concept to the city and working with Superintendent Olsen on this. She expressed her support for this kind of partnership with the school district and she advocated adding this in the coming fiscal year and hopes it works out for the school district. She then referred to the required units by RHNA, and gave her thinking on these goals and asked that it be put on their priority list, as well as offering volunteer services.
Suzanne Moore, Pacifica, stated Ms. Boles is very thorough and supportive in this case. She also supported this partnership and thanked Councilmember O’Neill, city staff and Superintendent Olsen for their involvement, expressing her concern for the dire need for affordable housing.
Mayor Bier closed public comments.
Councilmember O’Neill envisioned that the first floor would be public entity, i.e., school district, Council Chamber and above would be affordable housing, below market rate, and he thought that would be managed by Mid-Peninsula, Bridge Housing or a similar entity as landlord, not the city and he thought the firm studying this project would explore the finances and feasibility of this.
Councilmember Beckmeyer thought it was an interesting concept and was encouraged with the school district and city partnering in this official capacity. She thought this was visionary, and what she has seen with the high school district and the process going on with that district, which is a different type of project, and the ingenuity and thinking outside the box is what is needed and why she is encouraged by this idea. She would like to move forward and she wanted to be sure they don’t overtax staff. She trusted the City Manager in parsing that out, adding that mention of involving the Planning Department was her only concern. She proposed that the city cover the cost.
Mayor pro Tem Bigstyck echoed everything Councilmember Beckmeyer said.
Councilmember Vaterlaus was wondering if there were any other public/private partnerships that could be obtained here as well. She was sure this was the start of a great thing to come to pass. She thanked everyone for initiating it as it was a lot of work, but she sees it in the future and knows that we are inundated with the General Plan now, but she thought this will come to pass soon, and she thanked them for getting it started.
Mayor Bier echoed that as well, as she thought it was important for them to be innovative and she thanked Councilmember O’Neill and thought they should move forward but honor the school district’s preference for timing and agreed that the city should cover the cost for the preliminary assessment.
Councilmember O’Neill wanted to emphasize that the Council’s vote at this time is only City Council Regular Meeting 19 January 24, 2022
authorizing a study for the feasibility of this concept, but not authorizing the actual concept as that would happen once they get the study and have the ability to check with the county and other sources to see if they can help subsidize the affordable housing elements.
Mayor Bier asked if they had a motion.
Councilmember O’Neill moved to approve the item; seconded by Mayor pro Tem Bigstyck.
Mayor pro Tem Bigstyck asked the City Manager if he had the direction he needs.
City Manager Woodhouse wanted to clarify that the motion is to target the August timeframe with the PSD.
Councilmember O’Neill stated that was okay with him as they have to ask them. He stated that he would put a dollar limit of $15,000 on it, stating that one came in around $10,000 but there might be some additional items they come up to look at.
Mayor pro Tem Bigstyck seconded Councilmember O’Neill’s motion.
City Clerk Coffey took a vote by verbal roll call.
Mayor Bier thanked Superintendent Olsen for being present.
Councilmember O’Neill also thanked her for coming.
PSD Superintendent Olsen thanked them, adding that she appreciated their support.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mike O'Neill, Councilmember
SECONDER: Tygarjas Bigstyck, Mayor Pro Tem
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer
9. Introduction of an Ordinance of the City Council of the City of Pacifica adding Chapter 32, “Sale or Distribution of Electronic Cigarettes” and Chapter 33, “Sales of Flavored Tobacco Products and Pharmacy Sales of Tobacco Products Prohibited” and amending Section 5-31.03, “Limits on Tobacco Retailer Licenses” within Chapter 31 of Title 5, “Public Welfare, Morals, and Conduct” of the Pacifica Municipal Code to Ban the Sale and Distribution of Flavored Tobacco Products, the Sale and Distribution of Electronic Cigarettes and to Prohibit the Sale of Tobacco Products at Pharmacies in the City of Pacifica
PROPOSED ACTION: Move to waive the first reading of and introduce by title an ordinance of the City Council of the City of Pacifica adding Chapter 32, “Sale or Distribution of Electronic Cigarettes” and Chapter 33, “Sales of Flavored Tobacco Products and Pharmacy Sales of Tobacco Products Prohibited” and amending Section 5-31.03, “Limits on Tobacco Retailer Licenses” within Chapter 31 of Title 5, “Public Welfare, Morals, and Conduct” of the Pacifica Municipal Code to Ban the Sale and Distribution of Flavored Tobacco Products, the Sale and Distribution of Electronic Cigarettes and to Prohibit the Sale of Tobacco Products at Pharmacies in the City of Pacifica
City Council Regular Meeting 20 January 24, 2022
Mayor Bier reminded a previous speaker, Jesse Thomas, that this is when he can make his public comments.
Police Chief Steidle presented the staff report.
Councilmember Vaterlaus thought they should go to public comment.
Mayor Bier opened public comments.
Mgmt. Analyst Montemayor introduced the speakers.
Claudia, Pacifica, stated that she was speaking on behalf of retailers, expressing her thoughts and recommended waiting until November to let the voters decide what is best for the city and the state.
Jesse Thomas, Pacifica, stated that he is an employee at Fog Zone in Pedro Point and echoed Claudia’s opinions and shared his thoughts on this ban, including a concern about losing his job.
Rachel Mesia, Pacifica, stated she is the program director for community research at the Stanford Cancer Institute. She shared data that the California Healthy Kid survey collected from Pacifica’s 7th grade students regarding their views on smoking and vaping. She thanked them for considering what they can do for the health and well-being of their community.
Mayra Diaz, Pacifica, stated she is with the San Mateo County’s Tobacco Prevention Program, and she presented some tobacco-related survey data from the 2017-18 California Student Tobacco Survey and the Surgeon General’s report that might be helpful for their decision, adding how they were available to help Pacifica.
Keira McLintock, Pacifica, represented the San Mateo County Tobacco Education Coalition Youth Advisor Group, and shared data on this item.
Lynn Adams, Pacifica, stated she was in favor of the bans, sharing information and her thoughts on the issue.
Elias Jweinat, Pacifica, agreed with everyone on both sides, sharing his thoughts on the ultimate decision as to wait for the November vote and allow the people to make the choice.
Mayor pro Tem Bigstyck stated that he has PCTV in the background and he was noticing that they don’t seem to be broadcasting, and he didn’t know if that was a legal implication, but he brought it up if there was an issue.
City Attorney Kenyon stated that they need confirmation from the City Clerk that they are still broadcasting.
City Clerk Coffey suggested a small break while she checks with PCTV.
Mayor Bier stated that they can take a break.
City Attorney Kenyon stated that they should continue until they get formal notice, but will monitor it regularly. She thanked Mayor pro Tem Bigstyck for raising that issue.
City Council Regular Meeting 21 January 24, 2022
Tricia Barr, Pacifica, stated that she was the co-chair of the San Mateo County Tobacco Education Coalition and on the high school site council with teachers, administrators, staff and students. She mentioned the past steps the city took and she commends the city to move forward to bring the current ordinance to be consistent with other area jurisdictions and continue with a strong ordinance and the present proposal, as well as mentioning the coalition’s present stances.
City Clerk Coffey stated that PCTV informed her that the broadcast was interrupted again on PCTV.
Mayor Bier asked City Attorney’s recommendations.
City Attorney Kenyon stated that they need to take a break unless the City Clerk is informed that it is not likely that it will resume. She suggested a 3-minute break to hear from the City Clerk.
Mayor Bier agreed and called for a break in the meeting.
City Attorney Kenyon stated that they should continue to be in recess until the City Clerk reports back.
City Clerk Coffey apologized to Council that they were not able to resolve the issues with the PCTV broadcast.
City Attorney Kenyon advised to wait until they have a quorum then call the meeting to order.
Mayor Bier stated that they have a quorum and called the meeting to order following the recess.
City Clerk Coffey reported that they are not able to resolve the issues on PCTV to resume the PCTV broadcast.
Mayor Bier adjourned the meeting at 10:33 pm.
RESULT: MEETING CANCELLED
10. Vision 2025 & Beyond – Fiscal Sustainability Analysis, Potential Revenue Options, and Ballot Measure Analysis & Communications Services
PROPOSED ACTION: Receive, discuss, and provide direction to the City Manager on the updated 10 Year Financial Forecast and options to maintain the current level of City services.
RESULT: MEETING CANCELLED
ADJOURN
Mayor Bier adjourned the meeting at 10:33 p.m. due to PCTV broadcast interruption.
Transcribed by Barbara Medina, Public Meeting Stenographer.
City Council Regular Meeting 22 January 24, 2022
Respectfully Submitted,
Sarah Coffey, City Clerk
APPROVED: 5 - 0; 2/14/2022
__________________________
Mary Bier, Mayor