CITY OF PACIFICA
CITY COUNCIL MINUTES
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Mary Bier
Mayor Pro Tem Tygarjas Bigstyck
Councilmember Mike O'Neill
Councilmember Sue Vaterlaus
Councilmember Sue Beckmeyer
City Council Regular Meeting 1 April 11, 2022
April 11, 2022 (MONDAY)
www.cityofpacifica.org
Mayor Mary Bier called the meeting to order on April 11, 2022 at 7:01 PM 7:00 PM OPEN SESSION
Call to Order
Mayor Bier called the meeting to order at 7:01 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; Lisa Petersen, PW Director; Christian Murdock, Acting Planning Director; Dan Steidle, Police Chief; Sam Bautista, PW Dep. Director; Michael Perez, PB&R Director; Yulia Carter, Chief Finan.
Sustainability Officer; Irene Camarena, HR Mgr.; Ken Fong, IT Analyst; Josh Montemayor, Management Analyst; Sarah Coffey, City Clerk.
Reading of Land Acknowledgment
Mayor Bier read the Land Acknowledgement.
Salute to the Flag led by Councilmember O'Neill
SPECIAL PRESENTATIONS
A. Proclamation - John Nibbelin
Mayor Bier read a proclamation honoring John Nibbelin for his tenure on the Planning Commission.
City Council Regular Meeting 2 April 11, 2022
John Nibbelin appreciated the opportunity to share his thoughts, stating that it has been a privilege to serve on the Planning Commission for eight years, and also to have that work acknowledged. He stated that it was an opportunity to learn about the city and meet so many informed people. He also thanked his family and friends. He felt learning how Pacifica does business was probably the most valuable thing he has learned, and he has been moved and impressed by the civility people bring to matters even when disagreeing and it is a journey to build a good community and share perspectives. He is humbled and gratified by this proclamation and thanks Council for it.
Mayor Bier stated that the Council has comments and it would be great if he stayed at the podium.
Councilmember O’Neill mentioned having a picture of them in front of a school bus at the Lantos Tunnel and he stated that the Council was soliciting people, and also mentioned his role as the attorney for the Pacifica School District and Jefferson High School District, and his service in the military reserve. He was happy for him as he is progressing in his career. He stated that he will be missed, and thanked him for all his service.
Mayor pro Tem Bigstyck thanked John Nibbelin, first, for his service to our country, and stated that he had the honor of serving with him for a short part of his record for serving every human being in any way he can and he was able to sit next to him on the Planning Commission as well as the Pacifica Resource Center Board of Directors and has seen firsthand what some of his service looks like, and it is enough to be inspiring. He is grateful and humbled to call him a friend, adding that the county is fortunate as he steps into a role where the entire county can be touched by his extraordinary commitment to service and his professionalism.
Councilmember Vaterlaus also considered him a friend. She stated that they started on the Planning Commission at the same time and shared a story. She felt their whole time together was great, as it was nice to talk to him. He was always considerate and had so many ideas and she appreciated it and knows he is great in his new job.
Councilmember Beckmeyer stated that he is amazing, inspiring and humble. She agreed with Mayor pro Tem Bigstyck's comments. She thought the opportunity to learn from him in working at the school district with the workforce housing project was where she began to know him and forgot he was on Planning Commission until she got on Council. She was happy for him and looks forward to having the opportunity to work with him again in this new role.
Mayor Bier congratulated him on his new position, stating that they are lucky to have him and the county is in good hands. She stated that the first time she met him was at a PRC Board meeting. She stated that he has a kindness that exudes from him. As she learned more about him, she realized you never know who is sitting next to you, and she was glad it was him. She felt it was a pleasure to watch him serve and be his friend.
Mr. Nibbelin thanked all of them, again stating that he is humbled and appreciated all of that.
Councilmember O’Neill stated that this is the nicest they have ever talked to a lawyer.
Mayor Bier stated that they will take a picture.
City Council Regular Meeting 3 April 11, 2022
B. Proclamation - National Volunteer Week - April 17-23, 2022 Mayor Bier stated that PB&R Director Perez will speak after the reading of the proclamation, and they will also have Horace Hinshaw and Sally Benton Martinez present to speak then she read a proclamation honoring National Volunteer Week, April 17-23, 2022.
PB&R Director Perez stated that, on behalf of PB&R’s Senior Services, he thanked Council for recognizing their volunteers and the efforts they give so passionately in serving our community.
He stated that 100 individuals will be honored for 12,000 hours of service at their Annual Senior Services Recognition dinner on April 20, adding that the City Manager, PB&R Commissioners and Councilmembers have been invited to serve the volunteers to express gratitude and appreciation for their hard work and efforts on behalf of the community. He mentioned some of the things they do to support their program and share their time, talents and efforts to support the critical programs and services for aging adults to enhance their quality of life. He stated that they annually deliver 30,000 meals to homebound and frail Meals on Wheels clients, 18,000 meals to the congregate and Grab and Go lunch programs. He mentioned family members who live away from the area and know their loved ones are getting their needs met is a relief to them. He stated that sometimes the volunteers serve as first responders when they come to situations, especially the Meals on Wheels volunteers. He stated that the PB&R Department is fortunate to also have dedicated youth volunteer base from pre-Covid and they are working to build back programs as they continue to re-open programming, mentioning some of the groups involved, and volunteers in all departments, such as Police, Public Works, commissioners and committees, and mentioned other groups that are dependent on volunteers who are working to make Pacifica a great community. He stated that they had two individuals to receive the proclamation, Seniors In Action Council Chair Horace Hinshaw and Sally Benton Martinez, a Meals on Wheels volunteer who also works in their lunchroom.
Mr. Horace Hinshaw proudly accepted this proclamation on behalf of the seniors as well as the whole community. He stated that they were happy to live in a city with a base of thousands of volunteers who control and operate these programs, as mentioned by Mr. Perez. He was thinking about where he first saw things happening, and his recollection goes back to the 1950s when a group of young men who decided they needed to operate a baseball program in Pacifica for young kids and they started building a field, but everything that started over the years has volunteers who are willing to help. He referred to the senior citizens, stating that they desperately need help, and they are trying to get meals delivered to homebound people. He stated that Covid-19 has hit them badly as they have added more people over the last two years than they ever had for home meals. He encouraged volunteers to be a Meals on Wheels person to help out. He stated that this recognizes not only the seniors in Pacifica but volunteers for every program should be thanked for this volunteer week.
Sally Benton Martinez stated that, about two years ago, she started volunteering by serving food to those who come for lunch time. She enjoyed that, then when Covid came, everything shut down. She stated that she is now delivering Meals on Wheels and she continues to serve lunches on Wednesday. She stated that, through serving Meals on Wheels, she has met many wonderful people who are so charming, loving and happy to see who come to them and to be able to chat. She is pleased to be serving on this job and she looks forward to more access to board jobs as well.
Councilmember O’Neill stated that Pacifica is like a quilt and the volunteers keep that quilt together. He referred to PB&R Director Perez mentioning many of the volunteers, but there are others such as Spindrift Theater, Pacifica School volunteers, etc., and he stated that City Council Regular Meeting 4 April 11, 2022
volunteering is very strong in America. He thanked them, mentioning that, when his mother was alive, the utilized Meals on Wheels and she loved it, such as when a volunteer would bring his two or three-year old with him, which was the highlight of her day. He thanked the volunteers who find a need and fill it as it is important for the fabric of Pacifica, mentioning many organizations and their volunteers, especially the two representing them at this meeting.
Mayor pro Tem Bigstyck stated that he was talking to someone about how he was raised, which were good qualities but a sense of community service was not instilled in him until he got to the university. He continued that at some point it occurred to him that he wanted to make something better in himself and led to wanting something better for his community and he started coming to Council meetings and started learning about opportunities in Pacifica that he didn’t know existed. He stated that returning to Pacifica and caring about something got him to doing community service. He stated that if anyone cares about anything in the community, the community will grab them and take them on a journey of service to the community as it is filled with so many opportunities to make it better by what we do together. He thanked Mr. Hinshaw and Ms. Martinez for being here as two representatives inspiring others who are serving the community and have inspired him. He appreciated that they are honoring the spirit that exists in our community.
Councilmember Beckmeyer stated that, when she sees Mr. Hinshaw, the first thing she thinks of is sports. She thought that was the very first major involvement at a volunteer level. She stated that those connections carried into school and you see the people you know in sports in school and you start getting involved in PTO, etc., and then you are on Council. She thanked Mr.
Hinshaw. She stated that it is an opportunity to learn, grow, and demonstrate to our children the need for it, and she loves seeing that. She stated that a new group formed at Cabrillo School, a green team, and people love the opportunity to come out on the weekend and do service projects at school and bringing their kids and they are doing it together. She stated that, while you can tell people a lot of things, but when you demonstrate it, that is when they learn. She looks forward to someday being able to do Meals on Wheels. She thanked them for all the service to our seniors through the Seniors In Action program.
Councilmember Vaterlaus stated that she has always been a volunteer, and she started when her daughter went into kindergarten and it has been a long time. She appreciated all the volunteers because it is a commitment and you do it. She stated that there are so many opportunities to volunteer for so many different things, such as sports, schools, seniors, etc.
She stated that she only did Meals on Wheels once but it was a moving experience, which she thought was the best part of their day to stop and talk to them. She stated that it was a great experience and she thanked all of them for continuing to do it.
Mayor Bier referred to Mayor pro Tem Bigstyck’s comments, stating that when someone really cares about something, the community comes around to them. She stated that, when her nephew was killed in 2005, they started the community coalition and people came to her family to help them heal and do the work. She stated that Councilmember Vaterlaus was around that table, and then PB&R Director Perez was around that table. She stated that the people she met through that experience really formed how she wanted to serve her community and they gave her a broader vision of how she could be of service. She stated that it was a beautiful experience and she sees that happening over and over in our city and we are lucky. She asked them if they would like to take a photo.
City Council Regular Meeting 5 April 11, 2022
CONSENT CALENDAR
City Manager Woodhouse stated that he wanted to make a clarifying statement regarding a few of the consent calendar items. He stated that there are two legislative support letter consent items, No. 6, regarding Seamless Transit Transformation Act, and No. 7, Homeowners’ Relief Act, asking that the mover of the motion to adopt at this meeting clarify that the motion if the intent of the mover is to authorize the mayor to send support letters. He stated that he wrote the recommendation as consider to authorize the mayor to support. He then stated that Item 13's ordinance requires the reading in entirety of the title of that ordinance and City Clerk Coffey is available to read that at the time of the motion.
Mayor Bier asked if any Councilmember would like to pull anything from the consent calendar.
Councilmember Vaterlaus stated that she needed to recuse herself from item 14.
City Attorney stated that you don’t have to pull that, but recuse yourself from the voting and City Clerk will make note of that in the vote.
Mayor Bier seeing no Councilmember wanting to pull any item, she then opened public comment.
Christine Boles, Pacifica, stated that, regarding Item No. 10, she sent Council a letter today on technical questions on that item and she hoped they would consider pulling it to give staff a chance to answer some of those. She was excited to see the Manor overcrossing on the agenda and that there is grant funding, but added some clarifications she had, and hoped they can consider more than one alternative design, again mentioning her thoughts on that, and added support for letters in Items 6 and 7.
Mgmt. Analyst Montemayor introduced call-in speakers.
Deeg Gold, Pacifica, encouraged them to remove Item 10 from the consent calendar, sharing concerns by Pacific Manor residents regarding widening the Manor overpass, etc., and suggested listening to their concerns.
Suzanne Moore, Pacifica, stated she was speaking on Items 10 and 13. She referred to Item 10, asking that it be pulled and consider at least three options because of the residents’ concerns. Regarding Item 13, she referred to Section 2 which speaks to the Police Department’s actions, and shared her suggestions for pulling it at this time with possible alternative options for success.
Julie Starobin, Pacifica, stated she was speaking on item 10, and was asking that they remove it and discuss it later, sharing her thoughts on the issue.
Mayor Bier stated that she lost connection and asked her to call back again and they will restart her time.
Rick Nahass, Pacifica, thanked Council for supporting seamless transit, regarding Item 6, and he was in support of it, sharing his thoughts on it.
Julie Starobin, Pacifica, stated again that this was on Item 10, and she thought they should remove this from the consent calendar to keep the two projects separate, sharing her reasons City Council Regular Meeting 6 April 11, 2022
for her suggestion to an alternative plan.
Remi Tan, Pacifica, thanked Council for support for the seamless transit, and shared his thoughts on this issue.
Mgmt. Analyst Montemayor stated there were no more hands raised.
Mayor Bier stated that there was another card for Item 12 and introduced the speaker.
Bob Hutchinson, Pacifica, stated that Item 12 was on the Pacifica Pier, and he shared some questions he had as well as his concerns.
Mgmt. Analyst Montemayor introduced a call-in speaker.
Dan Evenhouse, Pacifica, asked that the proposed Milagra on ramp be decoupled from the other item, sharing his thoughts on that issue.
Mayor Bier closed public comment.
Mayor pro Tem Bigstyck stated that they heard a lot of questions from the audience and he felt like making a deliberative statement. He stated that, for questions only, he would not have to pull it but making a deliberative statement sounds like deliberation.
City Attorney Kenyon stated he does not have to pull it.
Mayor pro Tem Bigstyck stated he would start with Item 12, asking City Manager Woodhouse what involvement the Coastal Commission has in overseeing the pier repairs and why it is taking as long as it is taking.
City Manager Woodhouse stated that he will start and PW Director Petersen can also chime in with details. He stated that it is an emergency repair project and, in pursuit of the repair options and the funding strategy, they received $0.5 million from the stated with Senator Becker and Assemblymember Mullen’s initiative to provide the funding. He stated that, in the design process, they realized that they could repair all of the railings if they received a little bit more funding and they approached the Coastal Conservancy to provide the additional funding. He stated that they have before them the resolution that they have to adopt as part of the process to receive that grant funding from the Coastal Conservancy. He stated that, in terms of the actual work, they are waiting for the end of crab season, as the pier will be required to be closed for a period of time during repair. He then asked if PW Director Petersen has any additional details.
PW Director Petersen stated that everything the City Manager said was correct. She added that they have been working with the Coastal Commission, and like everyone, they are short staffed and they feel like they will be getting that permit fee very soon and within the time frame when they want to put it out to bid, probably within the June timeframe and have it started by summer.
She stated that they are feeling pretty good and they can move it forward like it should.
Mayor pro Tem Bigstyck asked Councilmembers, before he asks questions on Item 10, if they feel a need to pull it.
City Attorney Kenyon stated that decision was already made that they were not going to pull City Council Regular Meeting 7 April 11, 2022
items. She stated that, if Council does not want to act on an item, there is no need to pull it as they can approve the consent minus the item they do not want to approve.
Mayor pro Tem Bigstyck stated he will ask a few questions and make a statement. He stated that they received an email with questions which he forwarded to staff, and he wasn’t sure if staff was ready to answer any of those questions. He heard a lot about building alternatives and the neighborhood doesn’t favor the on ramp option. He stated that, from reading the staff report, his interpretation was that this was a study and after they study it and what it means to build an on ramp, they have the opportunity that is delineated in the report that in discussion with the TA is the Manor Drive overcrossing and Milagra Drive on ramp can be analyzed together, but Manor Drive overcrossing can be a stand-alone project going forward. He pointed out that they have that option in their menu, and it shows that the next step includes Council telling the consultant to have a robust community outreach. He stated that what they are being asked by many community members is to pull this so there is more time for the community to give input, but he was reading that by signing off on the next step they are giving the community an opportunity to give input. He wanted to make sure he was on the right track. He then asked if the City Manager wanted to say anything as he received a copy of the questions from the one email.
City Manager Woodhouse stated he was correct that, concerning the overcrossing and on ramp, this was to study them together but, in terms of project implementation, they can be separated and a future decision made about the on ramp portion. He appreciated the question and clarification because CalTrans processes are extremely complicated and take many years to work through, and it is hard to keep track of all the phases, but PW Dep. Director Bautista is here and knows all of the information in great detail. He thought, because it was important and a complex project, he would like to have him come up and make some clarifying statements about the level of public engagement the next phase will entail, study components, future separation of projects should it be the desire in the end.
PW Dep. Director Bautista added that CalTrans would like them to analyze the vicinity, including both the overcrossing and the on ramp, but in terms of participation, they can be stand-alone projects and as stated in the staff report, they would like to advance the on ramp. He stated that they completed the first phase, i.e., preliminary planning study, and had a robust community engagement plan at that time with community meetings and will they plan to do that for the next several days to make sure the community is engaged with the project, not just in Manor but trying to get all of Pacifica engaged. He stated that it is an important project and they need to upgrade that overcrossing due to safety reasons. He was ready to answer any other questions.
Mayor pro Tem Bigstyck thought that was it for now. He thought the community eager to give more feedback, especially in regard to the on ramp project. He stated that, as soon as they know when those meetings are going to be, he will look forward to hearing that information. He stated that he will be voting yes on this, referring to his comment at the last meeting on this subject, stating that he was interested in the study of the on ramp project. He isn’t convinced he wants to vote yes on it, but he wants to personally understand it before he votes on it one way or the other, or make a quick decision when this is a more complicated issue. He stated that they did not know at the last meeting but definitively know now is that they can separate off the overcrossing from the on ramp if they so desire. He stated that, knowing that they have that mechanism in place when they so desire, he feels more comfortable studying to find out how he favors the on ramp project.
Councilmember Vaterlaus had a question about Item 11, i.e., they are paving certain parking City Council Regular Meeting 8 April 11, 2022
lots, and she stated that the left off the center one in Rockaway that also belongs to the city, and asked if there was a plan to pave that parking lot at some time.
City Manager Woodhouse stated that he would bring either PW Dep. Director Bautista or PW Director Petersen up to see if they have an answer to that question.
PW Dep. Director Bautista asked which parking lot she mentioned.
Councilmember Vaterlaus stated that there is the beach parking lots and she was thinking about the one in the middle of Rockaway that the city owned that is very highly used.
Councilmember O’Neill asked if it was next to the UPS store.
Councilmember Vaterlaus responded affirmatively, reiterating that it was the one in the middle of Rockaway, not on the beach.
PW Dep. Director Bautista stated that it isn’t, and they call it the Rockaway south parking lot.
Councilmember Vaterlaus stated it as between Dondee and Old County Road.
PW Dep. Director Bautista thought that is it, the small one, not one of the parking lots, if it is on Dondee and Old County Road, the small parking lot that is in between the buildings, and it is not included as it is just a long parking stretch.
Councilmember Vaterlaus asked if he had any idea when that parking lot will be paved, and is it on a plan.
PW Dep. Director Bautista stated that currently it is not on a plan, but it will be something that they will look into the future of capital improvement years.
Mayor pro Tem Bigstyck moved to approve the consent calendar with authorization for the mayor to send letters of support for Items 6 and 7.
City Attorney Kenyon stated that he need to read the item .
Mayor Bier stated that it was Item 13.
City Attorney Kenyon stated that if couldn’t they can ask the City Clerk to do it.
Mayor pro Tem Bigstyck moved to introduce an ordinance amending Section 4-7.1901, “Removal or towing of vehicles” of Article 19 within Chapter 7, “Traffic” of Title 4 of the Pacifica Municipal Code related to the removal of vehicles illegally parked on the city streets in spaces designated for preferential parking, status CEQA exempt; seconded by Councilmember O’Neill.
Mayor Bier stated that they have a motion and a second.
Councilmember Vaterlaus stated she was voting yes, but recusing from Item 14.
City Clerk Coffey announced the vote.
City Council Regular Meeting 9 April 11, 2022
Items #1-13: Vote: 5-0
Item 14: Vote 4-0 (Recused: Vaterlaus)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Mayor Pro Tem
SECONDER: Mike O'Neill, Councilmember
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer
1. Approval of Disbursements for 2/16/22 through 2/28/22.
PROPOSED ACTION: Move to approve attached lists of disbursements for 2/16/22 through 2/28/22.
2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Regular Meeting held on March 28, 2022.
3. Continuation of Proclamation of Local Emergency of the Pacifica Coastline from Westline Drive to the End of Beach Boulevard.
PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.
4. Continuation of Proclamation of Local Emergency at the Anza Pump Station.
PROPOSED ACTION: Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.
5. Continuation of Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”).
PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist regarding Novel (new) Coronavirus ("COVID-19”).
6. Seamless Transit Transformation Act (SB 917)
PROPOSED ACTION: Consider whether to authorize the Mayor to send a letter of support on behalf of the City Council for SB 917, the Seamless Transit Transformation Act, introduced by Senator Becker.
7. Homeowners Relief Act (SB 847)
PROPOSED ACTION: Consider whether to authorize the Mayor to send a letter of support on behalf of the City Council for SB 847, the Homeowners Relief Act, introduced by Senator Hurtado.
8. Reclassify a Vacant Financial Services Manager position to a Deputy Finance Director in the Administrative Services Department and Establish the Job Classification and Salary Schedule for the Position.
PROPOSED ACTION: Adopt a resolution to reclassify the vacant Financial Services Manager position to a Deputy Finance Director classification within the Administrative City Council Regular Meeting 10 April 11, 2022
Services Department and adopt the Deputy Finance Director job classification and salary schedule.
9. Authorization for City Manager to sign a letter to the San Mateo County Aging and Adult services indicating intent to respond to their Request for Proposals (RFPs) for Senior Services programs for 2022-2026.
PROPOSED ACTION: Move to authorize the City Manager to sign a letter to the San Mateo County Aging and Adult Services Department indicating our intent to respond to their Request for Proposals (RFPs) for Senior Services Transportation, Congregate Nutrition and Home Delivered Meals/Supplemental Home Delivered Meals (non-seniors) programs for fiscal periods 2022-2026. Move to authorize City staff to subsequently prepare and submit the proposal to San Mateo County Aging and Adult Services Department and authorize the City Manger to sign associate contractual agreements and amendments.
10. Project Study Report-Project Development Support (PSR-PDS) and the Project Approval and Environmental Document (PA&ED) for the Highway 1 / Manor Drive Overcrossing Improvement Project.
PROPOSED ACTION: Move to approve a Master Agreement for Consultant Services and Task Order No. 1 with AECOM of San Jose, California (Attachment 1) in an amount not to exceed $2,797,892.00 for the preparation of a Project Study Report-Project Development Support (PSR-PDS) and the Project Approval and Environmental Document (PA&ED) for the Highway 1 / Manor Drive Overcrossing Improvement Project; authorize budget authority in the amount of $2,937,892.00, which includes a 5% contingency amount of $140,000; and authorize the City Manager to execute all project related documents.
11. FY 2021-22 Pacifica Beach Parking Lots Seal Coat Project PROPOSED ACTION: Approve the following actions for the FY 2021-22 Pacifica Beach Parking Lots Seal Coat Project:
A. Authorize the City Manager to award and execute a Construction Services Agreement with DRYCO Construction Inc. (Attachment 1) in an amount not to exceed $174,245.90 and authorize a budget authority for construction in the amount of $200,000, which includes contingencies in an amount not to exceed twelve percent (12%) of the Construction Services Agreement amount; and
B. Authorize staff to execute future Change Orders not to exceed the contingency amounts.
12. Pacifica Pier Repairs – Coastal Conservancy Required Resolution PROPOSED ACTION: Adopt Resolution approving the application of specified State of California grant funds in the amount of $260,000 for the Pacifica Municipal Pier Repair.
13. Introduction of an Ordinance Amending Section 4-7.1901, “Removal or towing of vehicles” of Article 19 within Chapter 7, “Traffic” of Title 4 of the Pacifica Municipal Code Related to the Removal of Vehicles Illegally Parked on City Streets in Spaces Designated for Preferential Parking (Status: CEQA Exempt) PROPOSED ACTION: Move to Introduce by Title Only and Waive further reading of “An Ordinance of the City Council of the City of Pacifica Amending Section 4-7.1901, “Removal or towing of vehicles” of Article 19 within Chapter 7, “Traffic” of Title 4 of the City Council Regular Meeting 11 April 11, 2022
Pacifica Municipal Code Related to the Removal of Vehicles Illegally Parked on City Streets in Spaces Designated for Preferential Parking and finding the ordinance exempt under the California Environmental Quality Act.
14. Adoption of an Ordinance to approve Rezoning RZ-201-18 and Development Plan DP79-18 to rezone from the R-1/B-4/HPD zoning district to the P-D/HPD zoning district and to authorize a single-family residential use, filed by Matthew and Margaret Murphy, at the eastern terminus of Talbot Avenue (APN 016-270-110) in Pacifica (File No. 2018- 057). Recommended California Environmental Quality Act (CEQA) status: Class 3 Categorical Exemption, CEQA Guidelines Section 15303.
PROPOSED ACTION: Move to adopt an Ordinance entitled “An Ordinance of the City Council of the City of Pacifica approving Rezoning RZ-201-18 and Development Plan DP-79-18 to establish a Planned Development (P-D) zoning district with development plan at TBD Talbot Avenue (APN 016-270-110).”
ORAL COMMUNICATIONS
Therese Dyer, Pacifica, stated that she left some information with the mayor and she is aware of this ADA coordinator that they need. She stated that Tina Wehrmeister represented them before, but she understands she is gone and the one that City Manager Woodhouse appoints needs to meet certain requirements that she pointed out, and then read one section regarding requirements, and asked who they are going to appoint. She complimented Council for working together, except mentioned a concern about Councilmember O’Neill mentioning two struggling restaurants.
Mayor Bier asked her to make her comments general.
Ms. Dyer stated that it is permissible, referring to the City Attorney’s booklet allowing her to address any individual of Council and she felt she could address that he was out of line when he referred to those two restaurants.
Mayor Bier stated she was out of time.
Ms. Dyer stated she had the booklet that stated she was within her right to state that.
Christine Boles, Pacifica, stated that she was disappointed that none of her questions got answered and some affect the contract and scope of work and public safety. She hoped staff will get back to her. She then read news about a nearby fire the previous day, then mentioned that Anna Eshoo said federal funds were coming available for wildfire and she wanted us to be in line to get some of that and mentioned concerns regarding that issue.
Bob Hutchinson, Pacifica, referred to Ms. Dyer’s comments, and the booklet by the City Attorney on the Brown Act which specifically refers to 1st Amendment rights and expressed his concerns on this issue.
Mgmt. Analyst Montemayor introduced the call-in speakers.
Suzanne Moore, Pacifica, stated she attended the Oddstad Workforce Housing presentation and listened to many neighbors, some in support and others not, and expressed her thoughts, concerns and suggestions for solutions.
City Council Regular Meeting 12 April 11, 2022
Remi Tan, Pacifica, commented on the General Plan and concerns about reflecting RHNA numbers, then addressed his concerns about a retaining wall in the Manor beach area that appears about to fall, presenting a hazard.
Cheryl Dickinson, Pacifica, stated she was calling about fire dangers, and seconded everything Ms. Boles said on that subject and expressed her specific concerns, addressed her concerns about the illegal fireworks, and also expressed her concerns about the dangers to pedestrians from bikers and her wish for the city to expand Linda Mar’s bike lane.
Mayor Bier addressed City Attorney Kenyon, as it was mentioned in their agenda for speakers to address the Council as a whole, and she wanted to confirm she was doing the right thing.
City Attorney Kenyon understood and thought the statements she was making in her preliminary comments are fine to make. She stated that the point is that they are not cutting off public comments, but the mayor can direct the community as to how she would like them to be addressed, i.e., not personal attacks.
COUNCIL COMMUNICATIONS
Councilmember O’Neill stated that he wanted to address the caller in regard to the fire and the comments from the podium. He stated that he didn’t have the particulars in front of him about a free disposal chipper program, but if you clean out the brush in front of your house, he thought it was an unlimited amount if you put it out there and the city has a truck through a grant program from the federal government to clear out the brush from your house. It is ongoing but will be possibly ending in May. He stated that he has received flyers about the program and it is posted on NextDoor as well. So citizens can put the brush, etc., on the street and the truck will come by and clean it up. He knows it is in the south end of town but he assumes it is in the north end as well. He asked confirmation from the City Manager.
City Manager Woodhouse clarified that it was only some designated areas of the city and are continuing the program with the remaining grant funds they received last year and they have applied for a new batch of grant funds for this year to continue the program. He stated that the current program details are available on North County Fire Authority website and the continuation of the program if they get the grant funds. They will push information out through Connect with Pacifica.
Councilmember O’Neill thought they should put a reminder in there for Connect with Pacifica.
Councilmember Vaterlaus stated that they miss Tina Wehrmeister but they are happy to have the staff they have as they love them too. She stated that she went to two going away parties for Tina Wehrmeister. She attended a meeting on the business license tax and they are working on that. She had four in-person constituent meetings, stating that it was nice to meet people in person as it makes a huge difference instead of on the phone. She attended the Diane Papan event, Kevin Mullin event and Anna Eshoo with Jerry Hill event, and all of them were productive. She felt it was good to meet with different people. She got to talk to Senator Josh Becker about what we are working on as far as getting the units we converted to all affordable into our RHNA numbers, and he is working on a bill for that. She attended the Recovery Coordination Committee Council, which is only every month now but they did want to tell everyone that San Mateo and San Francisco now are the highest counties as far as Covid and in Washington, D.C., an entire group of 58 people got Covid. She stated that City Council Regular Meeting 13 April 11, 2022
Congresswoman Jackie Speier asked everyone to wear a mask when they could. She thought it was important. She attended the PCT opening. She stated that it was a busy week.
Councilmember Beckmeyer stated that her week wasn’t as busy. She attended one farewell event for Tina Wehrmeister to wish her well. She was pleased with our current planning staff and how much work and effort they put in for us. She attended the Create and Connect Fair on Palmetto Avenue on April 2. She stated that it was so much fun with beautiful weather. She heard so many positive comments as she was walking around and it was energizing and great to hear people discovering new places or visiting businesses they hadn’t set foot in since the pandemic or didn’t know they were open. She thanked Josh for all his help getting that off the ground. She knows it was a bit of a rush and thanks to Josh Kizler and Kelly from the Royal Bee for all the work they did to put that together, as well as Aaron at Cotton Crustacean. She stated there wasn’t anything new to report from the Beautification Advisory Committee, just that there is going to be an effort to nominate businesses and individuals who have a beautiful curb appeal or their yard is beautiful and they want to acknowledge someone. She stated that there is information on the city’s website and there will be rolling applications quarterly. She stated that if they know of someone, they can contact her and she will get them the information or check the city’s website. She attended the Kevin Mullin and Anna Eshoo event, and got to see Jerry Hill. She attended the Rotary Day of Service at Coyote Point which turned out to be so informative and helpful for her on the Resource Management and Climate Protection committee because office of sustainability was there, etc. She stated her last visit was to the PCT open house and it was a terrific event. She stated that she has worked with them and bring students there from Cabrillo School and when she was taken on the tour, she was astounded by what she saw. She stated it would behoove everyone to learn more about PCT.
Mayor pro Tem Bigstyck reminded everyone about the war in Ukraine and his heart is going out to them, and he feels it is important to keep that in perspective. He didn’t have as many meetings over the last two weeks which was helpful because they had a major corporate walk through at Safeway where he works and it was good to be able to focus his energy on that. He then stated that he has been talking about how their contract negotiations are going and he was happy to report that it looks like Safeway has decided to offer them substantial raise including health care and he is awaiting the official packet to get into the details of what it means, but it looks like they have averted a strike. He stated that a few weeks ago, he had a charming lunch with Linda Mason in San Bruno. He has mentioned various businesses in the past to help support local businesses in Pacifica, but while he was in town, she was excited to show him some of her businesses, one being Pinot’s Palette where you do some painting and drink a little wine and have a good time. He stated that there was an establishment called Atlas which was a pizza parlor and they had the room to place a venue for music in the back and they are going to get up and running. He stated that there was another establishment that had outdoor dining.
He stated that all that was to say that he wants us to continue spending dollars in Pacifica and supporting our local business, but it was impressive to see what San Bruno is doing with their businesses and gave him some good things to bring back to Pacifica to see what we might be able to do here. He attended Tina Wehrmeister’s goodbye party with fellow councilmembers and staff. He stated she is missed. He stated that a young man reached out to him about deepening his understanding about our traffic problems in Pacifica and it was nice to meet with someone who is a student who wanted to learn more about the community and get more involved. He spent the weekend hanging out with Councilmember Vaterlaus at these events and was his good fortune as every time he thinks he has become grateful to know her, he learns more about her and become even more grateful. He stated that the first event was for Diane Papan where Senator Josh Becker was present and Lt. Governor Eleni Kounalakis was present and she had a historic moment where she was the first woman to sign state law into law City Council Regular Meeting 14 April 11, 2022
because our current governor as Governor Newsom was on vacation and she was the acting governor. She had the honor of meeting her for that event as well as Kevin Mullin’s event where Jackie Speier spoke. He stated that the next day they got to hang out with Anna Eshoo in front of Mazzetti’s where Jerry Hill came for a visit. He stated that it was always good to see him and a Councilmember from Menlo Park, Ray Mueller, showed up. He stated that he was friends with Josh Becker’s staffer and she invited him to an event where there were representatives of a union and also a bunch of people into affordable housing and he had the opportunity to meet some people and converse in an informal setting about what affordable housing means to them and what housing issues we are having means to them with the reality of solutions we can find within the context of being in a county that is 56% open space and finding solutions so people can live here and serve in places like Safeway. He stated that the open house at PCT where he and fellow councilmembers got to play a game on live television which was fun. He stated it was to bring awareness to the fact that PCT is in danger of losing their house and we are lucky to have the longest running public television station in the country here in an amazing facility, and they do have a go fund me to hopefully save their house. He stated that the current owner is offering them something of a deal, but that deal is like $750,000 and they need to raise that money by tomorrow and if anyone is interested in visiting that go fund me so we don’t have to worry about broadcasting and being transparent and it would be an asset to our community. He stated that he met with the Police Chief and he has never seen the inside of the police station and he got a better understanding of how our system works in Pacifica and he will be able to talk about that later. He stated that, in the coming weeks, he will have proper meetings but one of the meetings he doesn’t normally have is the virtual conference on April 19 and 20 called protecting your city from wildfire. He stated that it was brought up at this meeting about how deeply concerned we are about wildfire and he gets to experience it every day at his job as his customers mention how wonderful weather we are having and he responds that it is pleasant and that brings concern into his mind. He stated that the opportunity of hobnobbing with local politicians provides opportunities such as deepening relationships with California lawmakers such as Mr. Becker and Mr. Mullin and he has discussed with them and will continue to discuss that it is a concern that can possibly be addressed in part by raising or civil fines from $1000 to something greater than that, to which they both responded to him, that, not only would it be a great idea to raise the civil fines, but they need to look at those who are bringing the illegal fireworks over state lines and not merely slapping them on the wrist. He stated that, as helpful as it might be to find those in our community who are bad actors, it would be a good idea to make it painful for those who provide the opportunity for our community to act as bad actors. He was reminded to follow up with a representative of mid-coast council with whom he has been discussing our mutual fire concerns and maybe finding mutual opportunities to support one another in finding funding. He was looking forward to that virtual conference for two days to deepen his understanding of how to address wildfire.
Mayor Bier stated that she would like to adjourn the meeting in honor of Dr. Mark Acero who was a lifetime Pacifican and chiropractor in town, a musician and friend to everyone and it was a big loss for our community, and she hoped it was okay with fellow councilmembers to adjourn in his honor. She stated that May is Mental Health Awareness Month and they are getting geared up for it, and they will talk about the mayor’s mental health initiative. She mentioned it at the Pacifica Collaborative on Thursday and they had so many people contact her afterwards with activities, etc., that will be going on in our community and she was excited about that. She stated that she wanted to apologize publicly that she missed her turn with the collaborative.
She stated that they will be having a Mental Health First Aid training on May 14, and she thanked PB&R Director Perez for coordinating the effort. She stated that they were able to get money to get the trainings brought for free and that was a wonderful addition to what will be City Council Regular Meeting 15 April 11, 2022
happening in May. She stated that there will be a be sensitive, be brave suicide prevention presentation at the library which is two hours long. She didn’t have the date yet, but encouraged the public to look for information about it and she will make sure to get everything out through Connect to Pacifica. She stated that she will be meeting with Cindy Abbott to talk about activities they can do at the Sanchez Art Center. She stated that some Oceana students will be presenting their brilliance and resilience workshop at IBL. She stated that they will be lighting the buildings in green for mental health awareness month, and she was excited about that. She stated that all the mayors in the planning teams are going to be doing press conferences and they will also be participating in a panel at the progress seminar that all of our elected officials attend every year, and she was excited to be on a panel at the progress seminar. She also had the honor to stand with Seton staff who were striking for a contract that need to sign really bad, and she was able to join many of our local elected who are out there supporting our staff at Seton. That hospital serves so many people in Pacifica, as well as north county and we need those workers to be treated well. She listened to the congressional candidate climate forum and it was interesting. She knows there were some people from Pacifica on the line. She stated that we are going to have a Pacifica Pride Day on June 4, and was excited about that. They are working with Katie from Table Wine, and she thanked her for coming to us and wanting to organize all of this which is cool and they are also working with Coast Pride on that event as there is going to be Pacifica HotRods as they are just getting all their ducks in a row and they are hoping they will be doing a car parade with a small walking parade down Palmetto and there will be businesses participating and she felt it was exciting that they get to do something about love. She got to chat with Anna Eshoo and the PCT Open House, adding that we need PCT and she thought we have to be talking about that out in our communities. She stated that, when touring the station, she was reminded of all the things that her students have been able to do there, they created digital stories in their media lab and have done podcasts in their podcast booth and memories that go back as far as I can remember.
She stated that going back to channel 8 when she was growing up and it was an important part of our community and let us support that.
Mayor pro Tem Bigstyck stated that just remembered that he meant to ask a question for the City Manager to address in his notes. He asked, regarding the ADA coordinator, if he could mention who is stepping up into that position, he would appreciate it.
STAFF COMMUNICATIONS
City Manager Woodhouse stated that he has a couple of brief comments, and starting with the ADA coordinator, upon Asst. City Manager/Planning Director Wehrmeister departure, he designated Acting Planning Director Murdock as the city’s ADA coordinator. He then pointed out a few upcoming events, and they will hear a bit more about the framework for the concept of celebrating employees and a lot of recruitments they have going on in the public sector are challenging currently, and they are working on those challenges. He also stated that, as they are coming out of Covid, they have at the beginning of May a return to our employee recognition and service awards event, which is a great event in recognizing the years of service of many employees all the way up to some beyond 30 years of service. He stated that May is National Public Works Recreation Week and a couple years pre-Covid we did this with Public Works having an open house at the corporation yard on Milagra during the day and that is challenging for people to attend, but they are working to get some schools to come by and see the equipment with lots of exciting things at the Public Works corporation yard. He then mentioned that, on the economic development front, May 13-21 is the Peninsula Restaurant week being promoted widely on the peninsula and last week they sent an email directly to all Pacifica restaurants as it is free to sign up to receive promotion and hopefully during that week lots of City Council Regular Meeting 16 April 11, 2022
people will visit their local favorite best restaurants and they will continue to push that information out up until that time.
Mayor Bier called a five-minute break then reconvened the meeting.
PUBLIC HEARINGS - NONE.
CONSIDERATION
15. Introduction of an Ordinance Adding Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code 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 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code, Approving the Pacifica Police Department Military Equipment Policy; and finding the introduction of the Ordinance exempt under the California Environmental Quality Act (CEQA).
Police Chief Steidle presented the staff report.
Mayor Bier opened public comments.
Gloria Stofan, Pacifica, expressed her concern of Pacifica’s approval of compliance with AB481 for acquisition and use of military equipment, referred to a past bad story in Pacifica regarding a military tank and the death of a citizen, Errol Chang, and suggested postponing this item until they have public input.
Christine Boles, Pacifica, thanked the Police Chief for his presentation, and asked an explanation of the process and expressed her concerns and suggestion to give more time to discuss it further, and shared her concern for racism in Pacifica with a story.
Carolyn Jaramillo, Pacifica, expressed her concerns regarding compliance with AB481 and urged Council to take their time and hold a community engagement meeting to address citizen’s concerns.
Mgmt. Analyst Montemayor introduced call-ins.
John Lindsey Coland, Pacifica, stated that he worked with a committee that worked on developing this legislation and he expressed his thoughts on the perceptions of this subject by many people, questioned how the police plan to use the equipment, and suggested Council get more clarification.
Suzanne Moore, Pacifica, stated she asked Council to decline approving this policy for further community discussion and input. She agreed with Ms. Jaramillo that there has been little outreach on this item at this time, sharing some of her thoughts on this subject.
Clara Davis, Pacific, echoed the sentiments of previous speakers and urged Council to not make a decision on this policy at this time as there is a lot to discuss and a lot of input they can get from the community, and she shared her thinking on the use of military equipment.
City Council Regular Meeting 17 April 11, 2022
Julie Starobin, Pacifica, stated that she was against approving the proposed policy regarding military weapons, expressing her thoughts on the subject.
Dan Evenhouse, Pacifica, stated he has concerns about the proposal for what he considers militarization of police in Pacifica, mentioning his concerns and various experiences with the police and suggested that Council take more time and get more input.
Deeg Gold, Pacifica, encouraged Council to delay voting on the proposed ordinance on the military equipment and expressed her thoughts on the subject and suggestions for getting more public input.
George Carpenter, Pacifica, stated he found this upsetting, and he urged Council to not approve the ordinance and hold a well-publicized study session for more community input, and expressed his thoughts against military equipment and suggested other alternatives to invest in, such as a crisis intervention team, etc.
Mayor Bier closed public comments.
Councilmember Beckmeyer let everyone know that she had a conversation with Chief Steidle about this topic prior to the meeting, so she didn’t have any questions but she wanted to clarify a couple of points. She referred to their packet where they find the list of types of equipment that are to be evaluated against what our department has. She asked Chief Steidle if she is correct in saying they have four of those.
Chief Steidle stated that technically they have three and he was offering them as transparency of the 4th.
Councilmember Beckmeyer asked if he put the trailer on there.
Chief Steidle stated that the trailer is military equipment according to the code, but the patrol rifles are not considered military equipment, but in the essence of transparency they thought it was important include them.
Councilmember Beckmeyer assumed it was because the community was very concerned about this.
Chief Steidle agreed.
Councilmember Beckmeyer referred to the draft of the policy, stating that on page 228, under Section 705.5, it was important for everyone to realize that there are some constraints put on the Chief and police department around obtaining anything from that list of 16 items and seeking funds to obtain them, collaborating with law enforcement agency that has such equipment and all the items must be brought forward to Council prior to use or expansion of any kind of items.
She stated that we know we technically have three, and four for full disclosure, and she referred to Packet page 229, Section 705.8, community engagement, and it was referring to an annual report and she wanted to ask if this was a new annual report or would it be combined with the annual report they already provide to Council. She asked how he envisions this working.
Chief Steidle stated that he wasn’t sure how it would be constructed, but if it were on the same day, it would be a separate agenda item and he would say that it would be a completely separate item from the annual report.
City Council Regular Meeting 18 April 11, 2022
Councilmember Beckmeyer stated that it could be on the same day or not as it was not necessarily part of it.
Chief Steidle agreed, and as he read it, it would be its own item.
Councilmember Beckmeyer stated that it was new per this policy and that is an additional level of reporting to the community.
Chief Steidle agreed.
Mayor pro Tem Bigstyck admitted frustration as he has studied this to his satisfaction as well as talking to the Chief Steidle and he asked to see the mobile command center, as it is referred to.
Before addressing his perception, he stated that the second time he ever walked through the doors was after the shooting of Erroll Chang and it brings up a lot of emotion when his name is brought up and he mentioned the death of Michael Brown in Missouri, and he was having lunch at La Playa around the corner where the standoff was happening and with what was going in Ferguson after he was killed, he was livid that anything like that could happen in his community, and that was what brought him through those doors. He stated that when he got through the doors and noticed the officers present in the room, he wasn’t watching the evening news and was in the presence of human beings whom he felt inclined to start with the premise that they are trying to protect and serve our community even though some of the officers were involved in the proceedings that led to the death. He stated that he voiced that as he started off in this room with this deeply emotional discussion going on, he wants to navigate some of what he is hearing from the community that he doesn’t necessarily agree with because of the passion that brought him in here to begin with. He stated that he was discussing this with John Nibbelin whom they were honoring who has a great deal of military service and as they were discussing this issue and Mr. Nibbelin’s response was asking what military equipment. He asked Chief Steidle if the items he noted as military equipment were actually used by the military.
Chief Steidle stated that the items he listed are some variation of patrol rifles are used, but they are different.
Mayor pro Tem Bigstyck asked if they were patrol rifles like the ones he didn’t need to put in this report.
Chief Steidle responded affirmatively.
Mayor pro Tem Bigstyck asked if he put that in this report for the sake of transparency as he thought he said that his officers didn’t feel comfortable leaving it out and he didn’t feel comfortable leaving it out.
Chief Steidle stated that he is correct. The command staff were discussing authoring the staff report and with coordination in writing this ordinance, it didn’t sit right with them if they were asking the community to trust them, they would be required to put something that looks like a paint ball gun into the policy, but although they didn’t have to include it leave out something that the average community member who looks at it is probably the most intimidating piece of equipment in a patrol vehicle, explaining that was the reason they put it in there.
Mayor pro Tem Bigstyck stated that he wanted to be clear. As he is hearing it and trying to reconcile this within himself, he is not a gun person and he didn’t know much about them, but City Council Regular Meeting 19 April 11, 2022
the one thing that could be construed as military equipment is the one thing they didn’t need to put in the report, and it is frustrating him because he feels like, through no fault of any commentators or anyone involved in this process, except for potentially someone who had a hand in writing the law, he stated that this could be confusing and he thought it strikes him as misleading, i.e., the term military equipment. He stated that, when he thinks of chemical equipment, he thinks serin gas. He stated that, by this standard, he has given away chemical weapons to many young women because he thought they should have pepper spray in their purse to defend themselves. He stated that he wasn’t suggesting that this is as benign as a pepper spray as he has been hit by a paintball gun and it hurts. He thought, if he ever had the exposure, it would be worse than a paintball gun and worse than pepper spray. He apologized as he was venting his frustration as he is trying to reconcile what he is hearing from the community with his frustration of the characterization. He was trying to understand where this law is coming from. What he was hearing from the community, which is also frustrating him, is that the community is expressing a desire to be heard, expressing their frustration about how they are perceiving law enforcement, clarifying that he is saying perceiving as he is not in their shoes and he doesn’t know what is and what isn’t, but he is hearing what they are trying to figure out what they want policing to be in their community. He stated that it was outside the scope of what they are discussing at this time, but he was invited the chief to help figure out creative ways to bring the community in further so they can get closer to something like the same page. He stated that after the death of Errol, and it was the community’s good fortune that they had Mary Ann Nihart as their mayor in that moment. She was a nurse in the psychological profession and she did everything in her power to not just bring heightened mental health training to our community which he understood has saved lives but also the greater San Mateo County. He stated that the death meant that everyone in the area got training to save lives. He was not suggesting it should have happened or that we are out of the woods. He asked if we already own all this equipment.
Chief Steidle stated that there isn’t a piece of equipment on there that they haven’t owned, except for the command post, the first three were for two decades or longer.
Mayor pro Tem Bigstyck asked that, for two decades that are longer, they have been used what is being characterized by this legislation as military equipment.
Chief Steidle responded affirmatively.
Mayor pro Tem Bigstyck stated that, specifically, he wants to see the command post earlier which is why he went to meet the Chief. He heard command posts, and he thought it was a military thing and somehow it will be covered in black with little symbolism and it is this big white trailer that you would see hitched to any truck that says police clear as day over it. He was not brought up to find the concept of police as friendly. As much as equipment can be construed as friendly, this supposedly military grade command center, according to this legislation, was something he found to be friendly. He asked Chief Steidle what that mobile command center is used for.
Chief Steidle stated that initially, it was purchased on a grant from the California Office of Traffic Safety and was designed as a DUI check point command center. However, we were able, under the grant, as long as they can use it as a DUI check point command center, also use it for other purposes. He stated it is usually used for a major crime scene or a major traffic collision where they are going to have staff deployed for an extended period of time, such as 6, 7, 8 hours or longer. It allows them to operate their own dispatch center and they have access to computers in there and everything they would need to function in the field at a major scene and City Council Regular Meeting 20 April 11, 2022
also provide shelter and warmth for some colder evenings when they have these incidents.
Mayor pro Tem Bigstyck stated that this wasn’t the tank that got rolled down to San Pedro Point, but a big white box. He didn’t hear him begging for armored vehicles or drones, but to the contrary, he was saying that, on occasion, they need to borrow assistance from outside where they have drones. He stated that the other thing he heard him say was that ultimately when people bring in their equipment from outside because something is happening so bad that we need to bring people and equipment from outside, he has the final say.
Chief Steidle agreed that they have a final say and, if there is an incident going on and a tactical team is involved with what is defined as military equipment that they do not possess and decisions are being made, an outside agency is not making those decisions. They may make recommendations and talk to us about what their capabilities are and what their intentions are, but the final decision rests with him and the accountability for that decision rests with him. He stated that the policy he is referring to that he is bringing in, it is true that they are required to operate within their own military equipment policy. They cannot bring something into our community that they are not approved by their governing body to have, and they haven’t been property trained in. They have to adhere to what their standards are that governs the use of that equipment and we know that equipment being brought in has already been vetted and they have already been properly trained in it.
Mayor pro Tem Bigstyck stated that he is about to shut down his meandering.
Mayor Bier asked if that has changed fromin the past.
Chief Steidle stated that it has not changed.
Mayor Bier concluded that it has always been the case that it is our final call. She was wondering what has changed since the death of Errol Chang.
Chief Steidle asked if in terms of the final call or what is she talking about.
Mayor Bier thought just the kind to let the community know that things have changed since then.
Chief Steidle stated that what has changed since then is, in a large part, not just in Pacifica but around the county, state and country as the way we are approaching these incidents , that was an incident where an officer had been assaulted with a deadly weapon and they knew there was a weapon or a rifle in the house. He stated that, what has changed since then, as one caller mentioned, our incident coupled with an incident that occurred in Half Moon Bay is our approach in both Sheriff’s office and Pacifica PD were founding members of the San Mateo County mental health collaborative, because that they found in the incidents, especially our incidents that we are talking about with Errol Chang is that we had zero resources, zero ability to get any information we needed to get advice on what we can do and we asked ourselves two things; 1) when we had that crisis situation, since then in his time of chief for seven years, they have done this numerous occasions, most recently with a stabbing suspect where we are on the phone with the clinician saying this is what we have, what does it look like to them or if they know a diagnosis, can they tell them about it, and what are they going to do to resolve this and how can they get compliance and what do they need to avoid doing to prevent escalating the situation.
He stated that is what they have done and one of the callers mentioned that around the country the focus is beyond de-escalation and that is true. He stated that he will reiterate that the Pacifica Police Department was one of the leading agencies in this county and continues to City Council Regular Meeting 21 April 11, 2022
operate at the forefront of that.
Mayor pro Tem Bigstyck reiterated that it was Errol’s life that brought him through that door to begin with. He stated it is hard for him because he what he learned after walking through that door was there is a remarkable line between protecting people who would protect us in making sure that lives such as Errol’s are never again lost. He stated that there is a lot of emotion that comes with that. When he hears the Chief say that he has the final say, he goes back to that [incident] and he was not the one in charge in that moment. Mayor pro Tem Bigstyck was thankful that he wasn’t in charge in that moment and somebody was and he didn’t know what they get to go through as a result of making that decision and whether or not they have come to the conclusion that they made the right one. He does know that, after that decision was made by someone who was not him, services got put into place. The way they approached it changed. He stated that, what hasn’t changed is the equipment they use. He stated that we are signing off on what California says they have to in order to say that exactly what they have been doing is what they are going to continue to do. What is different from that moment up until now is the change of culture that has absolutely led to lives being saved. He stated, if that culture is continuing to change, not only will more lives be saved, but hopefully these so-called military grade equipments will no longer need to be as frequently used. He thought they need to change the culture more than the apparatus, until we are in a culture where it is truly safe, both for those who are serving us and those who need to be treated better.
Councilmember Vaterlaus stated that basically this is an inventory of what we already have and it doesn’t list when these items should be used or when they should not be used. She asked if she is correct.
Chief Steidle stated that it is an inventory and gives a brief description as the discussed earlier, in the policy regarding the purpose and the use and again they are writing a policy and they are talking about use of military equipment as defined under legislation or any type of equipment in law enforcement. He stated that they can sit there all night and talk about all the potential uses, but they will never get as no two situations are the same. He stated that it is a very broad explanation of the use so the community and Council knows how the department intends to use it and what they use it for.
Councilmember Vaterlaus added the training that is required to use it.
Chief Steidle stated that the training and oversight, policy, and complaint processes.
Councilmember Vaterlaus stated that they have a mental health… that Councilmember O’Neill started.
Councilmember O’Neill stated that he pulled it up because he wanted to be sure of the name - it is the Special Needs Registry.
Councilmember Vaterlaus agreed it was the Special Needs Registry, which people in the community can voluntarily put members they know that have special needs onto a list so the police have the ability to know what they are facing when they go into a situation which was not present in the past.
Chief Steidle stated that, along those lines, there are preemptive steps. He stated that they have had some discussion regarding our police department and how we would handle a crisis situation and how we have handled them in recent years. There is much focus with the City Council Regular Meeting 22 April 11, 2022
collaborative and the relationships we are building within the mental health community and law enforcement that focuses on how we intervene and how we get to people who need the help before we ever reach that crisis situation. The pilot program with the 4 agencies in San Mateo County for the mental health professionals that are embedded within the department, a pilot program is already underway, they have already called upon the assistance of a South San Francisco person on two occasions and in Pacifica we are going to be signing shortly to a study where Stanford University will be conducting a study on the agencies that don’t have it in place with the idea of hopefully showing that we all have the need for it and how to best distribute those resources and increase those resources available to us in San Mateo County.
Mayor pro Tem Bigstyck reiterated that he has clearly heard that the community is longing to come together and discuss all this and what it means to them. He stated that they are having a meeting coming up about changes that have been made and how they are implementing them.
Chief Steidle stated, if he was talking about their annual report, that is coming up on April 25.
Mayor pro Tem Bigstyck stated that April 25 was a more appropriate time to have a more robust discussion about what policing means in its entirety. He stated that the nature of this policy is so frustrating and they are about to have that more robust conversation and he asks him to find ways to invite the community in to have conversations and have a better understanding of how all of this works for those who don’t go to the police station and see the mobile command trailer.
Mayor Bier thought, by all the calls they have gotten and everyone who was present talking about it, it was clear that our community doesn’t understand this and she thought that was an issue. She asked how they can get more information to the community so they understand what this means. She stated that, from the information she gathered and from meeting with Chief Steidle, this does not further militarize our police department.
Chief Steidle stated that it was absolutely correct.
Mayor Bier stated that they are not adding weapons and you can’t add weapons unless they come to Council first.
Chief Steidle stated that she was correct.
Mayor Bier thought there was a disconnect between the fear and the words that are in the policy, and she wants to find a way to honor both of those things so that people understand.
She referred to someone mentioning a first draft and that there were changes in the first draft.
Chief Steidle stated that there have been no changes. He stated that, what was released publicly was what was released on the website in the Council’s packet that they have and there have been no changes to that.
Mayor Bier didn’t know what her fellow councilmembers think but she asked if they notice the same thing she is noticing, i.e., she doesn’t want that to happen as she wants our community to understand and have the opportunity to learn. She stated that some of that has to do with talking to him, and maybe the community should be talking to him as she knows he is available for the community to speak with.
Chief Steidle stated that he thought they have discussed that.
City Council Regular Meeting 23 April 11, 2022
Mayor Bier agreed that they have. She thought it was a good opportunity for that to happen, although she didn’t know how it can happen unless he does individual one on one, but she thought that was where it was, i.e., how he can exchange information with the community so everyone understands fully. She acknowledged that, if you see it on a piece of paper, it is scary. She felt the same way but after it was explained to her, she knows that they have to do it as it is a requirement. She would like our community to take the opportunity to reach out and meet directly with Chief Steidle, and he is meeting with other groups in our community now and sharing information and learning from each other. She thought there was an opportunity for other groups to do the same and she hopes that it happens.
Councilmember Beckmeyer stated she had one more thing to say. She heard loud and clearly from a number of community members who spoke tonight or called in and requested that they delay the adoption of this because there needs to be that community conversation which the mayor was speaking about, and she agrees that there needs to be a community conversation, she didn’t think it needs to be about this. She stated that this is nothing other than an inventory and a restatement of what we are already doing. She also didn’t know where to fit that in or what the right way is to do it, but she didn’t think they need to delay in approving this and moving on. She stated that it was not saying they disregard the need for a conversation in a community meeting but it could be initiated by community members. She just felt that, for this item, she was ready to make a motion.
Councilmember Beckmeyer moved to waive the First Reading of and introduce by Title an Ordinance of the City Council of the City of Pacifica Adding Chapter 19, “Acquisition and use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code, Approving the Pacifica Police Department Military Equipment Policy; and finding the introduction of the Ordinance exempt under the California Environmental Quality Act (CEQA); seconded by Mayor pro Tem Bigstyck.
City Clerk Coffey announced the vote.
Vote: 5-0
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Tygarjas Bigstyck, Mayor Pro Tem
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer
16. City Council Goals and Priorities for FY2022-23
PROPOSED ACTION: Adopt City Council Goals and Priorities for FY2022-23.
City Manager Woodhouse presented the staff report.
Mayor Bier opened public comments.
Christine Boles, Pacifica, referred to items excluded in the previous goal setting presentation, and then she expressed her thoughts on the General Plan update process and other items.
Mayor Bier closed public comments.
Councilmember Beckmeyer stated that she would like to follow up about the General Plan and zoning, but first she asked councilmembers for consideration of two wording changes on goal City Council Regular Meeting 24 April 11, 2022
12 and goal 13. On goal 12, at the end of the paragraph in the second to last sentence, the scope of work for fiscal years 2022-23 will entail review of ways to streamline special event permitting procedures and she would propose that it be changed to, “… The scope of work for fiscal year 2022-23 will streamline special event permitting procedures, as well as identify other potential business assistance initiatives for further study and implementation…”, adding the word implementation at the end. On goal 13, toward the bottom of the item, third sentence from the bottom, which reads, “… and other committee commissions may be interested in such reviews as well,” and she would like to restructure the sentence to read, “… The Council may wish to review the charters of other committees and commissions as well.” Councilmember O’Neill stated he had no problem, followed with similar agreement from the others.
Councilmember Beckmeyer referred to General Plan and zoning, and she asked the City Manager to address the current work on the General Plan and thinking about the timing of its adoption and where it would fit in the goals for a work year that begins on July 1.
City Manager Woodhouse stated that the recommended list of Council priorities for fiscal year 2022-23 doesn’t typically include those goals and priorities that are anticipated to be completed during this fiscal year and the work plan for the General Plan update and Sharp Park Specific Plan is looking at adoption by June. He added that there are always other priorities or unexpected circumstances that can happen with priorities and that work continues. They saw a list of nondiscretionary projects that includes a bunch of multi-year projects or things that were Council priorities in previous years that are still underway. They hope that is not the case with the General Plan update and the Sharp Park Specific Plan which are expected to be done in June. If not, they will continue into the new fiscal year to wrap them up.
Councilmember Beckmeyer asked if they would need to have Council amend the list or would it just automatically roll.
City Manager Woodhouse stated that it would automatically roll. He then asked if she also asked about the zoning.
Councilmember Beckmeyer stated that it was the zoning, as the housing was specifically listed on Item #10, but the zoning updates that flow from the General Plan.
City Manager Woodhouse stated that in terms of mapping out priorities that are limited, planning resources can focus on the Housing Element that takes priority immediately at the beginning of the fiscal year so they can get it done by January. He stated that the zoning ordinance amendments need to happen in the future and that is not identified here because there are lots of other planning priorities that need to occur, such as the Quarry Site Specific Plan, but that is a work they are looking at next spring and goal setting and zoning ordinance updates would most likely pop up at that time.
Councilmember O’Neill called for a time-check and asked if the long-term financial forecast would be done by 11:00 or do they need to extend the meeting.
City Manager Woodhouse stated that they have the forecast and they have the eight budget strategies recommended and he doesn’t know the answer to his question. He stated that their presentation won’t take long.
City Council Regular Meeting 25 April 11, 2022
Councilmember O’Neill thought, if they extend to 11:30, they can make the motion now.
Councilmember Vaterlaus seconded his motion.
City Clerk Coffey announced the vote.
Vote: 5-0 (extend meeting to 11:30 pm)
Councilmember O’Neill stated for the public’s information, they have talked about this for many hours on Saturday and not to have a lot of comments is okay.
Councilmember Beckmeyer moved to adopt City Council Goals and Priorities for FY2022-23 as amended; seconded by Mayor pro Tem Bigstyck.
City Clerk Coffey announced the vote.
Vote: 5-0 (Item #16, as amended)
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Tygarjas Bigstyck, Mayor Pro Tem
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer
17. Fiscal Year 2022-23 Budget Planning Process, Timeline, Long-Term Financial Forecast, and Narrative Budget Report
PROPOSED ACTION: Accept the report, consider and discuss budget strategies recommended by the City Manager and provide feedback and additional policy direction for the preparation of the FY 2022-23 Budget.
Chief Finan. Sustainability Officer Carter presented the staff report.
Councilmember O’Neill referred to her mention of service reduction, and assumed service reduction means less Fire, less Police, less Public Works, less Planning, less PB&R, etc.
Chief Finan. Sustainability Officer Carter stated he was correct that it was all the general services provided by the city in line with priorities of the Council. She then turned the presentation over to the City Manager for the budget strategies discussion.
City Manager Woodhouse continued the staff report.
Councilmember O’Neill wanted to be sure he was up to date, and asked if he was correct that the ERAF funding is something that only affects about four or five counties in the state while the VLF is something that affects all 58 counties.
City Manager Woodhouse stated that was correct but the VLF in lieu shortfall only affects those same counties that there is the returned ERAF.
Councilmember O’Neill understood that the 4 or 5 counties that now get ERAF are getting a double whammy on in lieu funding.
City Manager Woodhouse stated that he was correct.
City Council Regular Meeting 26 April 11, 2022
Councilmember O’Neill asked if there has been any outreach to the other counties that are affected by ERAF.
City Manager Woodhouse stated there has, primarily San Mateo County has been communicating with Napa County and he forgets what all the four counties are, but he thought one is Mono County or a less populous county.
Councilmember O’Neill thought there was one in Placer.
City Manager Woodhouse thought they fell out of the picture because they now have no basic aid or no non-basic aid of schools because schools are changing.
Councilmember O’Neill knows there are only two or three school district that are no longer basic aid now.
City Manager Woodhouse stated that is part of the changing scene and the challenge regarding the returned ERAF as it is connected to the VLF in lieu fund.
Councilmember O’Neill stated that you have a separate subset because we might have ERAF but they then have the discrepancy of Sequoia of $12,000 per student and Jefferson is around $9,000 per student so there is a whole subset below the ERAF and he asked if the partners city managers are working with are north or south county.
City Manager Woodhouse stated that all the cities are in the same position in San Mateo County, with a significant gap of funding for VLF in lieu and the state’s latest proposal was to use returned ERAF money to fund the VLF in lieu when the cities are due both legally.
Councilmember O’Neill was thinking in terms of building some sort of lobbying or coalition with other counties to lobby their legislatures because some county that isn’t affected by ERAF or VLF, and the richest county in this country don’t need it.
City Manager Woodhouse continued the staff report.
Councilmember O’Neill referred to the OPEB obligations, and asked if he was correct that they don’t have retired medical for their people.
City Manager Woodhouse agreed, not like some other cities have, but we do have some of those liabilities, stating that Ms. Carter might be able to speak more specifically to the amounts.
Chief Finan. Sustainability Officer Carter stated that, even though the plan is closed, the unfunded liabilities still remain on the books and if you don’t pre-fund then they essentially grow.
She stated what the city has been doing in terms of OPEB, they have been paying the liabilities as they go rather than funding the actuarially-determined contribution (ADC) level. If they were to fund it at the ADC level, they would be able to reduce the liability but calculate a higher rate of return to this OPEB. She stated that would be one of the strategies that they can address as part of the budget, and they will see the results in the audit and they will see the liabilities still included use.
City Manager Woodhouse continued the staff report.
City Council Regular Meeting 27 April 11, 2022
Chief Finan. Sustainability Officer Carter completed the staff report.
Councilmember Beckmeyer asked her what happened in 2029-30 to 2030-31 where the continually declining revenue or the gap suddenly gets better. She asked what was going on there, such as paying off something.
Chief Finan. Sustainability Officer Carter stated that they were paying off some of the debt service, as listed in the major assumptions in Attachment A.
Mayor pro Tem Bigstyck asked if she would mind putting the zero-based budgeting graph back for a moment. He stated that he didn’t have a question, but just wanted to see the graph and he will wait for public comment.
Mayor Bier opened public comments.
Christine Boles, Pacifica, stated that she had a few questions. She thought the Civic Center project was the only new debt service included and shared her thoughts on costs going up, and asked that they be careful. She then commented on the sewer rate increase process. She commented on future General Plan and affordable housing considerations, suggesting more outreach.
Mayor Bier closed public comments.
Mayor Bier liked the idea of connecting everything to the goal and is an effective way for her to read and understand it. She stated that when she looked at environmental sustainability and there was no specific budget strategy, she thought about what budget strategies are for environmental sustainability. She stated that she didn’t have to answer at this time, but it made her think about values and where they sit which is usually reflected in our budget. She wondered if there were any strategies out there to think about.
Mayor pro Tem Bigstyck liked the strategies being associated with the various goals. He stated that, as they look at the long term structural deficit, he didn’t expect an answer now, but when they again look at that $2.1 million deficit projected for the coming year, he was curious as to what those service level changes might mean and what those service reductions might be. He appreciated that it was a longer and deeper conversation and she might not be able to bring back exactly what it is going to be but he would like to see a menu of what the future will have to discuss in terms of those service reductions if that is where they wind up. He thought it was important for him to start trying to wrap his head around what that conversation will be to reduce services by $2.1 million if we don’t do anything about it soon.
Councilmember Vaterlaus liked the zero-based budgeting and thought it will work really well for Pacifica based on the zero-based budgeting.
Councilmember Beckmeyer asked how long they have been working on that, and was staff already working on the zero-based or modified zero-based process before she came to Pacifica.
City Manager Woodhouse stated that they launched into it last spring when Ms. Carter arrived and looked at establishing what their base budget is for existing services, stating that before it was a little bit more incremental. He digressed and referred to the fiscal sustainability point, Council knows they utilized one-time revenues each year to balance the budget, and they can say they are funding those one-time revenues but they are not as year after year we have those City Council Regular Meeting 28 April 11, 2022
expenses that they often apply those one-time revenues to. He stated that Ms. Carter is really helping in our approach and making things very clear.
Chief Finan. Sustainability Officer Carter added that she would like to use the term modified zero-based budget because in the government environment is not practical to start from zero every year. She stated that they are starting from the current level services and the conversation about the budget will be about service level and they will translate the dollar figures into what it means to the service, whether we are adding positions or adding limited-term positions, what does it mean to the service, what does it do. She stated that if they are cutting services if they cannot meet the objectives because they don’t have the revenue base and what does that do to the service and how it translates to the service. Having this kind of conversation is the goal of this process and they are trying to tie it all together.
Councilmember O’Neill stated that he sent an email to the city manager saying that when they come back next time he wanted to know, when you say a $2 million budget cut, what does it equate to. He stated that, if they decide to go forward with a tax measure, this is their first opportunity to educate the community to say that we have specific amount of police officers, firefighters, etc., and this will be a cut in police, fire, etc. He referred to the standards by which other communities have their police, and asked if there is one policeman for every 6,000 residents, etc., and people can actually see and if they want to get detailed, we have an email from a lady saying that they not give raises and he referred to how underpaid our employees are already when they are facing a retention crisis. He thought this information needs to be shared with everyone, i.e., the rubber is hitting the road, and it is not a tax measure but your lifestyle in your community on the ballot. He stated that he believes in affordable housing and was a proponent for teacher housing, and he would like to see the corporation yard but then the state passes a bill that says there is no property taxes on any of the affordable housing and that immediately reduces your budget projections for property tax revenue down the road. He stated that they are making it a disincentive to do affordable housing. He would like to carry out what Mayor pro Tem Bigstyck said, but he would like to project it out as to what are the standards, such as one firefighter for every 10,000 residents or some standard.
Mayor Bier asked if they have any other directions for Ms. Carter.
Councilmember O’Neill referred to comments about environmental sustainability, and stated that there might not be anything there, but if they look at some of the other things in terms of tree canopy, tree maintenance program, that is environmental sustainability so some of the actual projections could actually be in more than one goal.
Mayor Bier thought that was a good point.
City Manager Woodhouse stated that was something that he and Ms. Carter talked about, and a lot of the environmental sustainability or climate action plans’ funding are built into the CIP, if they are talking about solar installations or EV installations, but not all are built into the CIP as, if you are talking about tree programs and canopy, that can translate to staffing resources necessary to fund those types of efforts. He stated that it is sort of built into the funding for the programs and projects more than an actual budget strategy, specifically a stand-alone budget strategy.
City Council Regular Meeting 29 April 11, 2022
RESULT: NO VOTE REQUIRED
ADJOURN
Mayor Bier adjourned the meeting at 11:15 p.m. in memory of Dr. Mark Acero.
Transcribed by Barbara Medina, Public Meeting Stenographer.
Respectfully Submitted,
Sarah Coffey, City Clerk
APPROVED: 4 – 0 (Absent: Beckmeyer); 4/25/2022
__________________________
Mary Bier, Mayor