CITY OF PACIFICA
CITY COUNCIL MINUTES
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Mayor Mary Bier
Mayor Pro Tem Tygarjas Bigstyck
Councilmember Mike O'Neill
Councilmember Sue Vaterlaus
Councilmember Sue Beckmeyer
City Council Regular Meeting 1 September 12, 2022
SPECIAL AND REGULAR MEETING
September 12, 2022 (MONDAY)
www.cityofpacifica.org
Mayor Mary Bier called the meeting to order on September 12, 2022 at 6:00 PM 6:00 PM - CLOSED SESSION
Mayor Bier called the meeting to order at 6:00 p.m., stating that all councilmembers were present and announced that the Council would meet in Closed Session. 00a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION-Existing Litigation pursuant to Government Code Section 54956.9: North Coast County Water District v. City of Pacifica, Superior Court of State of California – County of San Mateo, Case. No. 22-CIV-03493
Mayor Bier announced the business to be discussed and opened up public comments.
City Clerk Coffey stated that there were no hands raised for public comment.
Mayor Bier closed public comments and they went into closed session. 7:00 PM OPEN SESSION
Call to Order
Mayor Bier reconvened the meeting at 7:06 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.
City Council Regular Meeting 2 September 12, 2022
City Clerk Coffey explained the conditions for having City Council meetings pursuant to Government Code Section 54953 (as amended by AB 361), to conduct necessary business as an essential governmental function as a teleconference meeting with no meeting location open to the public. She also gave information on how to present public comments participating by Zoom or phone.
Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Yulia Carter, Asst. City Manager; Christian Murdock, Planning Director; Lisa Petersen, PW Director; Kirk Stratton, Interim Police Chief; Chuck Pomicpic, Dep. Fire Chief; Sam Bautista, PW Dep.
Director; Raymund Donguines, Sr. Civil Engineer; Michael Perez, PB&R Director; Ken Fong, IT Analyst; Elizabeth Brooks, Management Analyst; Sarah Coffey, City Clerk.
Reading of Land Acknowledgment
Mayor Bier read the Land Acknowledgment.
Salute to the Flag led by Mayor Bier
Closed Session Report
City Attorney Kenyon stated there was no reportable action.
SPECIAL PRESENTATIONS
A. Proclamation - Suicide Prevention Month - September 2022 Mayor Bier stated that Frieda Edgette was representing the San Mateo County Behavioral Health Commission and was present to accept the proclamation, and then the mayor read the proclamation honoring Suicide Prevention Month.
Frieda Edgette thanked her for the proclamation and invitation to accept it on behalf of the San Mateo County Behavioral Health Commission, as well as her personal leadership and her passion for this issue has made a difference. She also thanked all Councilmembers, City Manager and the community to acknowledge this. She is on the commission as well as a youth committee member. She stated that the theme for this month attests to the fact that they can and do recover with support and resilience. She was curious about how many attending this meeting are or were impacted personally or knows someone who was, adding that they are experiencing extended effects of the pandemic in the community and mentioned some specific issues and useful resources for those in need.
Mayor Bier thanked her for her beautiful comments then opened up public comments.
Mgmt. Analyst Brooks introduced the speakers.
Suzanne Moore, Pacifica, thanked Mayor Bier for facilitating this effort, as she believed it was important to bring this to the community’s attention to be aware of this.
Dan Stegink, Pacifica, stated he had comments on Consent items No. 4 and No. 8, and he wanted to make sure they aren’t skipped over as they move past the Consent calendar.
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Erin Macias, Pacifica, asked if this was the time to comment on items not on the agenda.
Mayor Bier stated that it was not as they are in the special presentation.
Ms. Macias thanked Ms. Edgette for her presentation and she will put her hand down.
Mayor Bier closed public comments and asked the Councilmembers for any comments.
Mayor pro Tem Bigstyck stated he was 4 years old when his brother introduced him to what death was and, while he would tell more personal stories, time doesn’t allow. He referred to Ms.
Edgette mentioning the importance of learning how to speak to someone who is in this kind of pain, and he stated that, if you are approaching someone in that kind of pain, it was helpful to learn how to speak the language that will help them from where they are to a greater possibility.
Councilmember Vaterlaus thought all of them have been touched by suicide and is something she has never gotten over. She thanked everyone for being here and Mayor Bier for the mental health committee.
Mayor Bier thanked her and Ms. Edgette for being here.
B. Proclamation - National Preparedness Month - September 2022 Mayor Bier stated that Dep. Fire Chief Chuck Pomicpic of the North County Fire Authority is present to make a brief comment, then she read the proclamation honoring National Preparedness Month.
Dep. Fire Chief Pomicpic stated that North County Fire Authority thanked the Mayor and Council for recognizing National Preparedness Month, which creates opportunities for citizens to prepare their homes, businesses, families for various natural disasters, and urges everyone to prepare ahead of potential disasters to increase their chances for survival and mentioned their website where they can find suggestions and tips.
Mayor Bier thanked him for his service to the community, and then opened public comment.
Mgmt. Analyst Brooks introduced the speaker.
Erin Macias, Pacifica, stated that they can better serve North County firefighters and first responders if Pacifica’s code enforcement if they enforced the complaints on record regarding hazardous eucalyptus groves that are not maintained and encroaching on property lines of others as they deserve defensible space and the city needs to respond to the citizens who have brought it to their attention through proper channels.
Mayor Bier closed public comments.
Councilmember O’Neill thanked the Fire Department and Police Department for all the work they do, preparedness, education, etc.
Mayor pro Tem Bigstyck expressed thanks.
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C. Proclamation - International Peace Day
Mayor Bier stated that they have Linda Peebles from Pacifica Peace People present to make comments, and thanked Delia McGrath for encouraging them to create this proclamation, then the mayor read the proclamation honoring International Peace Day.
Linda Peebles of Pacifica Peace People thanked them for this beautiful proclamation for peace, and she thought it said a lot about all the aspects that need to come together to make peace happen in Pacifica. She mentioned that, at this time, there is so much unrest, such as the war in Ukraine and other violence happening, and she thought this was a good moment to think about peace. She stated that their peace group is working locally to promote peace in many ways. She invited them to attend their activities for Peace Week, beginning on the 16th when they are having a public reading of Martin Luther King’s 1967 speech called “beyond Vietnam, a time to break silence” by many people at the Sanchez Art Center in the garden plaza and she hoped they turn out for that event, and mentioning some of their other activities.
Mayor Bier thanked her for letting them know about the event, then opened public comment.
Mgmt. Analyst Brooks introduced the speaker.
Suzanne Moore, Pacifica, stated that it takes courage to promote peace and she thanked the peace people for their advocacy in this area and appreciated that they are teaching us all how to act peacefully locally.
Mayor Bier closed public comment, and asked Councilmembers if they had any comments.
Councilmember Beckmeyer thanked Ms. Peebles for being here and inspiring her and our community by all the work of the Pacifica Peace People do that is a testament to peace being possible and she was grateful.
Mayor pro Tem Bigstyck thanked Ms. Peebles for what she and her group does. He stated that he becomes introspective and meditative when they are giving these proclamations every year.
He is struck by the inner struggle and how it translates from the inside to outward in terms of approaching peace, actively and consciously breathing, waiting, thinking, etc., and thanked them for giving us the opportunity to pause for a moment and contemplate deeper.
D. Special Presentation - Pacific Coast Fog Fest
Mayor Bier stated that they had a presentation from Fog Fest president James Crowe.
City Clerk Coffey stated that Mr. Crowe was present.
James Crowe of Fog Fest thanked the mayor for the opportunity to talk about Fog Fest. He then began his presentation, mentioning the dates of September 24 and 25. He stated it started in 1986 which attracts visitors and raises funds for local community groups. He then gave an update on the changes such as new vendors, and participating non-profit groups, as well as members of the Fog Fest group.
Mayor Bier thanked him for the presentation. Mayor opened public comments, and seeing no one, closed public comments.
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Councilmember Vaterlaus states she was looking forward to having the Fog Fest again, and everyone is excited. She mentioned that this is the first time in a long time that all Councilmembers will be in the parade.
Councilmember O’Neill thanked all the volunteers that put this together, not only the organizing committee but the non-profits working many hours in the food booths, etc., and was the work of an entire village.
Mayor pro Tem Bigstyck stated he is looking forward to having fun with our community, and echoed everything Councilmember O’Neill said, and he thanked Mr. Crowe for mentioning all the names of the participants.
Mayor Bier was also looking forward to it and thanked everyone for everything they do.
Councilmember Beckmeyer acknowledged Mr. Crowe for his work and leadership as he was leading a great team. She remembers volunteering for the event in the past, and she was wearing four T-shirts and took them off as she went to each booth where she was volunteering.
She thanked him for making sure it happened this year.
Mr. Crowe stated that he couldn’t do it without everyone, and he agreed that it was a village. He stated that people have asked him if he is going to paint his hair blue like the mermaid on the poster and he said he is to celebrate that it is true blue in Pacifica.
CONSENT CALENDAR
Mayor Bier asked if any councilmembers wished to pull any items from consent and seeing none, she opened public comments.
Mgmt. Analyst Brooks introduced the speakers.
Dan Stegink, Pacifica, stated he would speak on Consent item No. 4 for three minutes and, with their approval he will speak on Consent No. 8 for three minutes.
City Attorney Kenyon asked the mayor if those items were pulled by Council.
Mayor Bier stated that they were not.
City Attorney Kenyon then explained that, with consent items, at the time Council calls the consent calendar and mayor asks councilmembers if they would like to pull any consent items, then, if that occurs, any pulled items will be heard separately and the public will comment at that time. If no consent items are pulled, all speakers have three minutes to speak on all items on the consent agenda.
Mayor Bier asked that Mr. Stegink’s time be reset and she asked if Mr. Stegink heard what was said.
Mr. Stegink asked if anyone has pulled items.
Mayor Bier stated that they did not.
Mr. Stegink stated he will speak on items 4 and 8. He referred to item No. 4, the Anza Pump City Council Regular Meeting 6 September 12, 2022
Station, and stated that under Mayor Beckmeyer’s term, the Crespi station at Anza was paid for, allocated but never installed after being destroyed and expressed his concerns about this item.
He strongly urged them to reject item No. 8, explaining his concerns on this item.
Erin Macias, Pacifica, echoed Mr. Stegink’s comments, expressing her concerns on these issues. She mentioned some specific events connected with the short-term rentals and expressed her concerns on this issue.
Christine Boles, Pacifica, thanked them for the revised minutes of the July 11 appeal hearing regarding the General Plan and all their work on the Heritage Tree Ordinance.
Jeromy Carpenter, Pacifica, referred to the item to change the rules on issues discussed by Council.
Mayor Bier stated that comment will happen during that item later on the agenda, as now comments are only on the Consent calendar, items 1-11.
Mr. Carpenter understood, and asked clarification that his time will restart.
Mayor Bier stated that it will.
Councilmember O’Neill stated that Jeremy Stafford was in line a couple of times but now he has dropped off for comment on the consent, concluding that maybe he was going to comment on oral communications.
Mayor Bier closed public comments.
Councilmember Vaterlaus moved to approve the Consent Calendar, seconded by Councilmember Beckmeyer.
City Clerk Coffey took a vote by verbal roll call.
Vote: 5-0
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Councilmember
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer
1. Approval of Disbursements for Dated 7/1/22 through 7/31/22.
PROPOSED ACTION: Move to approve attached lists of disbursements for 7/1/22 through 7/31/22.
2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Special Meeting held on July 11, 2022, the City Council Regular Meeting and Adjourned Special Meeting held on July 11, 2022, and the City Council Regular Meeting held on August 8, 2022.
3. Continuation of Proclamation of Local Emergency of the Pacifica Coastline from Westline Drive to the End of Beach Boulevard.
City Council Regular Meeting 7 September 12, 2022
PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.
4. Continuation of Proclamation of Local Emergency at the Anza Pump Station.
PROPOSED ACTION: Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.
5. Continuation of Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”).
PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist regarding Novel (new) Coronavirus ("COVID-19”).
6. Consideration of a Resolution Making Findings as Required by AB 361 to Continue to Permit the City Council and City Commissions and Committees to Conduct Teleconferenced Meetings Due to Health and Safety Concerns Relating to COVID-19 PROPOSED ACTION: Move to adopt a Resolution making findings pursuant to AB 361 to authorize the City Council and City Commissions and Committees to conduct teleconferenced meetings due to health and safety concerns relating to COVID-19.
7. Grant to Pacifica Community Television for Facility Purchase PROPOSED ACTION: Adopt the Resolution Granting $50,000 to Pacifica Community Television to be Applied to Purchase of 580 Crespi Drive, Unit E, and appropriate $50,000 from the General Fund Unallocated Balance for this grant.
8. Notice of Completion - FY 2021-22 Pacifica Beach Parking Lots Seal Coat Project PROPOSED ACTION: Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file the Notice of Completion for the FY 2021-22 Pacifica Beach Parking Lots Seal Coat Project; and Authorize the City Manager to release the retention funds to the contractor.
9. Annual Agreements Over $50,000 for the Department of Public Works - Wastewater Division for FY 2022-2023.
PROPOSED ACTION: Approve Annual Agreements for the purchases of equipment, supplies, materials and services in amounts over $50,000 for FY 2022-2023 for routine and recurring maintenance, repairs and operations of Department of Public Works - Wastewater Division from Enterprise Funds (Funds 18 and 34) for a total of $360,000; authorize the City Manager to execute all documents related to these agreements.
10. Consultant Agreement for Smoke Testing Services between the City of Pacifica and Total Flow, Inc. in connection to the Wastewater Collection System Smoke Testing FY 2022-2023 (C038A)
PROPOSED ACTION: Approve Consultant Agreement for Smoke Testing Services between the City of Pacifica and Total Flow, Inc. in the amount of $182,632 in connection to the Wastewater Collection System Smoke Testing FY 2022-2023 (C038A); approve budget authority in the amount of $210,000 which includes 15% City Council Regular Meeting 8 September 12, 2022
contingency in the amount of $27,368; authorize the City Manager to execute all documents related to the project.
11. Adoption of Ordinance repealing and replacing Pacifica Municipal Code Chapter 12 - Tree Preservation and Chapter 14 - Maintenance and Preservation of City Trees PROPOSED ACTION: Move to Adopt by Title an Ordinance of the City Council of the City of Pacifica Repealing and Replacing Chapter 12 (Preservation of Heritage Trees) and Chapter 14 (Maintenance and Preservation of City Trees) within Title 4 of the Pacifica Municipal Code and finding the Ordinance exempt under the California Environmental Quality Act (“CEQA”).
ORAL COMMUNICATIONS
Mgmt. Analyst Brooks introduced the speakers.
Jeremy Stafford, Pacifica, stated he is with the firefighters and invited everyone to the County Firefighters Chili Cookoff on September 24 at Central Park in San Mateo, from 11 am to 5 pm., mentioning a car show, beer, good chili, good time. He stated that it is bad timing because of the same weekend as the Fog Fest but they will be glad to see them if they come, adding that their county OES just got back in town after being out for 15 days.
Anita Rees, Pacifica Resource Center, stated their scheduled office hours, their upcoming events and gifts for donations, the schedule for grocery pickups, continued program of unhoused on the coast, giving the process and staff phone numbers to apply.
Remi Tan, Pacifica, referred to a previous comment he made on the apartments on Esplanade beach where apartments were torn down regarding a concrete sticking out and hoped staff would address that before it falls on someone, as well as homeless living in campers in that area with a lot of trash in that area which is a health/safety issue. He referred to mosquitos invading several areas and questioned the city or county process for protecting health.
Mgmt. Analyst Brooks stated that Christine Boles is not responding.
Mayor Bier gave her another minute.
Mayor Bier stated that they can close oral comments now and, if she raises her hand again, they can address her.
COUNCIL COMMUNICATIONS
Councilmember Vaterlaus attended a meeting regarding Prop. 1, women’s rights issues. The Council of Cities was held in Sanchez in Pacifica and they are still getting comments. They had speakers about the Ohlone, and it was an event all the other cities enjoyed. She went to the CalCities Conference, and in the meetings, she attended Coastal Cities group, cannabis and economic development, climate action plan, creative solutions for homelessness, secrets to building tech economies and mayors and councilmembers group. She stated that there was a lot of good information, and they attend those meetings because they learn more every time, and education is important for everyone to continue learning. She thought it was important to attend and see other councilmembers throughout the state and listen to what other cities are doing, which is important for our city.
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Councilmember O’Neill stated that they all attended the League of Cities Conference at Long Beach, and he thought they all got some ideas to discuss with City Manager and Council to bring forward, such as regarding short term rentals, and grant opportunities. He thought it was well worth going.
Councilmember Beckmeyer stated that the CalCities meeting was of tremendous benefit in terms of professional development and professional networking, having the opportunity to hear how other communities in the state are addressing the same challenges we are addressing, and some are further ahead and we can borrow their ideas as they are happy to share. She stated one of the highlights for her was the possible approach to short term rentals that the city may want to explore. She thought the other opportunities she had and appreciated was the chance to speak with those who are involved in economic development and discuss ideas, what will work in Pacifica. She stated one phrase she came away with that absolutely resonated for her was creating world class opportunities for our visitors and our residents. She stated it crystalized what she believes in and what she wants, adding that sometimes economic development sounds like bring in big box stores, etc., and that isn’t what Pacifica is after. She attended the stakeholders meeting offered by Kosmont, who is working on an economic opportunities study for Pacifica. She stated she benefitted from what she heard in the portion of the meeting she attended but the mayor was there for the whole meeting and she will go over the recording to get the full context. She stated that continuing to work on those issues is important. At the event last week, she had the opportunity to participate in the Coastal Cities Group panel and it was a big room with rows of chairs, but she prefers tables as well. She was pleased at how full the room was and how engaged all the people from all over the state were in bringing up different issues and collaborating. She stated that they may bring up more information at a future meeting, but she appreciated the opportunity for that professional development.
Mayor pro Tem Bigstyck started by mentioning Ukraine being on his mind and hoping they find peace. He referred to Jeremy Stafford’s comment, and he stated that the next time he gets together with him he will learn how our Cal OES works, and he was thankful that they sent the engine and he was grateful that it came back in one piece. He stated that we had an incident in Shamrock Ranch over the Labor Day weekend, and he thanked the firefighters for protecting us.
He attended a Peninsula Clean Energy meeting and reported that they are going to have a program about electrifying fleets and he thought that would be charming if our city fleet could garner that assistance from PCE to become electrified, and he will take with the City Manager on that later. He stated that there were billing snafus and people might have been under-billed on the last cycle or two, about $8/household on average and there might be an adjustment coming. He stated that they are still 5% under the PG&E rates and might need to make a slight adjustment. He stated that we are on track for our 24/7 energy by 2025. He stated that they appropriated money for solar projects, including a project for disadvantaged communities in San Mateo County and Los Banos where they have REACH. He has been on vacation for the last three weeks, visiting a cousin of his in Minneapolis, Minnesota. He attended the Giant Twin Ball in Darwin, Minnesota, and thought it was an interesting/intriguing opportunity for economic development in this little town that otherwise is unknown and they draw in worldwide tourism because of this unique feature of their town. He stated that, while in Minneapolis, while he doesn’t care to bike ride, his cousin is a biker and they took walks around extensive bicycle infrastructure they have in Minneapolis. He asked about the homelessness issues they have and his cousin hooked him up with a friend of his who owns a café and he told him about the Avivo program they have where they took a big warehouse, stuck ready-made units for transitional housing. He stated it was an amazing program. He stated that he couldn’t go there City Council Regular Meeting 10 September 12, 2022
without visiting the George Floyd memorial. In his travels, he also learned about Iran where they allowed 500 women into a soccer game for the first time. He then referred to CalCities Conference where he spends time with his fellow councilmembers, and stated that there was passion over paycheck which summed up nicely why they do what they do, as they feel passionately about our city to do what we can to make it the best city we can. He attended a panel on land use, CEQA and affordable housing covenants, and was a seminar for mostly lawyers, but there was one case, Keen vs City of Manhattan Beach, regarding short term rentals being in the coastal zone and what Manhattan Beach found out that they needed to zone and amended their coastal plan to accommodate changes they might make to short term rental ordinance down the road. He stated that there was one about defending institutions, promoting civic debate and rejecting personal attacks. He was impressed by the Riverside Police Chief who stressed the emotional intelligence of the police department. He stated that there was one about equitable and resilient communities, and it mentioned electrifying your fleet, and he remembered the PCE meeting. He attended the Coastal Cities Group where it was great to see that all of our coastal cities are having similar experiences as we try to work with the Coastal Commission. He stated that 2017 Tubbs Fire in Santa Rosa and 2018 campfire in Paradise, which was the worst emergency in the world, and he learned about fires often start outside of the town and that the severity zone maps should be coming out early next year. He stated that Mayor Bier was elected the at-large representative for the Peninsula Division of the CalCities, adding his congratulations to her. He went to one on Surplus Land Act (SLA), to know the impact before you transact. He stated that they have been talking about what the surplus land act means for how the city is conducting its business. He wanted to make sure he took the opportunity to get a robust understanding what the SLA means for us. He attended one on creative solutions to reduce homelessness and stated the quote he walked away with this is the issue of our time. They stressed the seven principles of the United States Interagency Council on homelessness. He stated that representatives from Berkeley, Orange County and San Mateo County were present, and he stated it was good to see Mike Callagy there, as they were talking about how we need to help citizens to get them off of the streets.
Mayor Bier added on their time in Long Beach. She stated that the room was packed when Mike Callagy was speaking about the work that San Mateo County was doing around homelessness, the navigation center, project room key with the hotel, and it was innovative work that was happening in San Mateo County and people should be very proud of that and know that we need to keep doing the work and expanding the work city by city. She referred to Mayor pro Tem Bigstyck mentioning all the different kinds of opportunities to attend the different workshops. She also went to many different workshops. She stated that she had one interesting conversation with one of the vendors, the Davey Tree Company, who works in Pacifica all the time. She stated that they were talking about some CalFire grants that are coming up and she wanted to make sure we contact the people at Davey Tree and start talking about those CalFire grants for defensible space which is what Erin Macias was talking about as well. She stated that things do come together if we are talking to people, listening and connecting with people, and we can make things happen in Pacifica. She stated that being sworn in as the San Mateo County at-large member of CalCities Peninsula Division was an honor. She will be working with mostly mayors and councilmembers from across the county, So. San Francisco, Santa Clara County, Redwood City, Morgan Hill, Cupertino, Mountain View, Burlingame, Los Gatos, and she thought it would be great to participate in those conversations and learn about what our Peninsula Division really needs and bringing all the information we can to keep things going in that way. She will let them know what happens with that. She stated that Council of Cities was so great at Sanchez Adobe. She stated that, when they go to Council of Cities dinner, they hear about the $55 million project etc., but what we brought to the table was an opportunity for our fellow councilmembers tour the Sanchez Adobe and going to City Council Regular Meeting 11 September 12, 2022
the new interactive center at Sanchez Adobe and hear from Dr. Cordero, our Ohlone representative, who spoke so eloquently and they had Mitch Postel from the County. She stated that it was well attended and people were so happy as it was a new experience for them.
She thanked Councilmember O’Neill for that idea and putting it together. She stated people were talking about it at Council of Cities and everywhere. She attended the Bike and Ped Committee for the region. She stated that Pacifica’s project for pedestrian improvement in Sharp Park has yet another round of scoring and it will go on to MTC next and hopefully they will get that funding, adding that PW Dep. Director Bautista was at that meeting. She stated that it matters when they go the extra mile and sit on the regional committees as they can get Pacifica represented. She thanked our PW Department for the applications and all the work they do to bring funding into our city. She attended the bike park fundraiser at Winter’s and the party for Jane Northrop who is retiring from her work at the Tribune and they will be doing a proclamation for her at Council’s next meeting. She stated that it was a great party with music, dancing, and she deserved it. She thanked her for all her work and can’t wait to honor her at the next meeting. She stated that they need volunteers for Meals on Wheels to deliver meals. She asked that everyone get the information out there, as it is important to get the meals out to people who can’t otherwise get out of their homes.
STAFF COMMUNICATIONS
City Manager Woodhouse stated his first communication is about the Housing Element update process whose information in Connect with Pacifica on Friday and soon a mailer will be going out to the community about our first virtual community workshop which will be on Wednesday, September 28, at 6 pm. He stated that there is more information available at PlanPacifica.org, and they can click on the Housing Element link. He stated that there is currently an online survey and there will be two more community workshops to follow in October. There will be more information coming out about that. He then stated that his other item is that there is a beach safety and surfing safety event that is occurring Sunday, September 18, at Linda Mar Beach. He stated that it is free and there is information on how to sign up was in Connect with Pacifica. He encouraged the public to participate and learn about safety. He learned that there was an incident at Linda Mar Beach where a gentleman was in trouble and a young person grabbed a surfboard, got out there and helped him out. He stated that it ended fine, but it speaks to the need for, when you are on the beach or in the water, to be aware of appropriate safety measures. He also spent the day at CalCities Conference, attending sessions and connecting with colleagues which was very valuable.
PUBLIC HEARINGS
12. Resolution of the City Council of the City of Pacifica Authorizing the Vacation of Portions of Hotel Way to Abandon any interest the City May Have to Those Portions of Street PROPOSED ACTION: Adopt the Resolution of the City Council of the City of Pacifica Authorizing the Vacation of Portions of Hotel Way to Abandon any Interest the City May Have to Those Portions of Street
Sr. Civil Engineer Donguines presented the staff report.
Mayor Bier opened the public hearing.
Mgmt. Analyst Brooks introduced the speakers.
City Council Regular Meeting 12 September 12, 2022
Dan Stegink, Pacifica, stated that, on reading the agenda, he saw a name he isn’t familiar with, but it appears to be a continuation of a March 1, 2016 lawsuit, and he expressed his concerns on this issue, and recommending several councilmembers recuse themselves from this item.
Remi Tan, Pacifica, stated that he was wondering about whether the city owns this and it sounds like it is in question. He urged Council to table this and find out if the city owns this parcel, and shared his thinking on the process.
Mayor Bier closed the public hearing.
Mayor pro Tem Bigstyck stated he had a question for the City Attorney. He thought he took money from Robine Runneals during his campaign, and he asked if he needs to recuse himself from this item and does he have a conflict of interest.
City Attorney Kenyon stated he did not as there was a specific exemption in the law for campaign contributions that receiving a campaign contribution from anybody who comes before the city does not warrant recusal based on the political format.
Mayor pro Tem Bigstyck stated that she helped him knock on doors and he regarded her as a friend, but he doesn’t need to recuse.
City Attorney Kenyon stated that he does not.
Mayor pro Tem Bigstyck stated that he attended a forum on the surplus land act and the staff analysis satisfied him, but he asked if there was any reason why HCD, the Department of Housing and Community Development might regard Hotel Way as city surplus land and require an exemption for the surplus land act before allowing them to vacate this unimproved land.
City Attorney Kenyon stated that she wanted to answer that question when she heard the public commenter. She stated that the city does not own that land. It is a right-of-way that was never accepted by the city and is not subject to the Surplus Land Act. They got it confirmed by HCD in a written confirmation from them as they wanted to confirm their opinions and they spoke to the HCD department of the state and they confirmed through email that they do not have to comply with the surplus land act for the vacation.
Mayor pro Tem Bigstyck appreciated that, adding that it seemed that the HCD department is not messing around lately when it comes to these matters and was verifying through them that this was not surplus land ahead of time.
Mayor Bier appreciated the explanation by the City Attorney and she thought it was necessary to say things as many times as they can so people are sure to hear them, specifically that this is not city owned land. She asked if anyone wanted to comment. She thought this seems very straightforward to her.
Councilmember O’Neill moved to adopt the Resolution of the City Council of the City of Pacifica Authorizing the Vacation of Portions of Hotel Way to abandon any interest the city may have to those portions of this street; seconded by Councilmember Vaterlaus.
City Clerk Coffey took a vote by verbal roll call.
Vote: 5-0
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Mike O'Neill, Councilmember
SECONDER: Sue Vaterlaus, Councilmember
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer
CONSIDERATION
13. Updates to the City Council Rules and Code of Ethics PROPOSED ACTION: Adopt updates to the City Council Rules and Code of Ethics as recommended by the Council-appointed two Councilmember Ad Hoc Subcommittee, the City Manager, City Attorney, and City Clerk.
City Manager Woodhouse stated how they will proceed with the process of going through this item chapter by chapter, and then presented the staff report. He then stated that he was available for questions as well as the City Attorney and City Clerk were also involved in the process and are also available for questions and participation in the discussion.
Mayor pro Tem Bigstyck wanted clarification on how they go through this, as the City Manager mentioned going through it page by page. He asked if they intend on doing that after public comment.
Mayor Bier stated it will be after public comment.
Mayor pro Tem Bigstyck stated he received a public comment about part of this, referring to packet page 339, page 19 of the document, under No. 3, regarding Councilmembers requesting to put something on the agenda, and he stated that the first sentence of that item states that an individual councilmember can agendize an item by contacting the City Manager. He then referred and read the revision portion of the item. He wanted to ask if it takes more than one councilmember to agendize something, and his understanding is that it retains the ability for any councilmember to put anything on the agenda and, if a substantiative issue that requires more than an hour of staff time, it is agendized in a fashion that they can talk about whether they have majority buy-in and they can send the issue to be flushed out deeper with the adjustment of 7- 10 days comes as a result of having fairly limited staff resources and making sure that, if it is important enough to a Councilmember, they can agendize it and staff has the ability to add it on the agenda with enough time to get the work done. He asked if his understanding is in alignment with what the City Manager recalls or does he have further feedback on that section.
City Manager Woodhouse concluded that it was a question for him not Councilmember O’Neill.
Mayor pro Tem Bigstyck agreed, adding that, if other staff has insight he would welcome that insight.
City Manager Woodhouse stated that he summarized that provision very well, He explained that there are two aspects to it, one relates to the timing of introducing an item as Council is aware that they have the practice of releasing the agenda packets five days in advance of a Council meeting whereas the Brown Act only requires three days in advance. He stated that, with a 7- day in advance request to place an item on the agenda, that only allows two days for staff to research and wright a report and those two days happen at a time when he and staff are very busy with all the agenda reports and finalizing the packet. He stated that the at least ten days just formalizes that rule to allow a little bit more band width there for the preparation of that staff report. He stated that, in practice, Council has always been very good about being cognizant of City Council Regular Meeting 14 September 12, 2022
the time required and the urgency issue, i.e., if they would like to suggest an item but it can wait for a month or a few meetings from now, and he provides the feedback about staff availability and resources in that process. He stated that the other part of it is the key issue that, for any city business item that takes a lot of staff resources and public money to work on, that is always directed by a majority of Council as they set the budget, conduct goal setting annually to drive their priorities and where staff resources are going to be spent. When individually requested agenda items come up, if it is a controversial item that will take a lot of staff research and time and require a lot of work to write the report, then appropriately, it needs to be directed by a majority of Council and the concept would be that they can tee-up a very brief and quick staff report for the Council to discuss whether that is a priority for Council majority for staff to work on. He emphasized that one important key aspect of this provision is that it is the city manager’s responsibility to bring forward to Council complete staff reports that provide as much information as they can bring together about issues so Council can deliberate with all of the appropriate facts on the issue. He stated that they are not doing anyone, i.e., Council or the public, a favor if there is incomplete information brought forward to Council, and that is part of the driver. He hopes he validates the way he was thinking about it.
Mayor pro Tem Bigstyck agreed that it did, and he asked if there is nothing in the rule to preclude that a single councilmember who agendizes this item from speaking robustly to fellow councilmembers on why they have agendized the item and why it is important to the councilmember that they have city staff directed to take a further look on whatever that item happens to be.
City Manager Woodhouse agreed, adding that is what mostly happens as often the report will say that a specific councilmember has raised this item and, as part of the presentation, the councilmember can give part of the presentation or state why they felt it important for Council to consider.
Mayor pro Tem Bigstyck referred to a goal setting in which they only added one new item onto the work plan because of how they were aware of how valuable staff time is right now. He stated that in other places some municipalities where they need two councilmembers to put something on the agenda, but as they looked at best practices, it was common in other cities that it is an hour or two hour rule and if it takes longer than that to create a staff report, they need greater Council buy-in, and they verified this against other city best practices before coming to the conclusion that this would help them streamline time without taking away the ability for one councilmember to agendize an item.
Councilmember Beckmeyer stated that she has a question for the City Attorney in regard to the updating of policies such as these. She understands from the staff report that this was last updated in 2014 and she asked, in the attorney’s experience, if this was something that is done every year, every two years, ten years, how frequently do Councils go over these rules.
City Attorney Kenyon stated that it is not done frequently. She stated that she has regularly seen it happen every ten years but it has been shorter because these rules and policies are exactly as they say, i.e., they are City Council rules and policies and very often it is up to Council in place to determine if they want to follow those rules and protocols. If there is a new Council in place and feel they want to change the protocol, they may want to do it, thus, it can happen sooner than ten years, but the norm is anywhere between 5 and 10 years.
Councilmember Beckmeyer stated that she has no frame of reference. She knows they talked about this and did need to get it pushed a little bit in light of other priorities and that is why she City Council Regular Meeting 15 September 12, 2022
was trying to re-acquaint herself with the timing framework.
Councilmember Vaterlaus stated it was just a semantic issue, but asked if they can change oral communications to public comment. She says that they say it all the time as public comment, and she likes it better.
Mayor Bier stated that she was also going to bring that question up.
City Attorney Kenyon stated that it is totally up to the five Councilmembers to decide. She stated that, when they have deliberation, they can discuss that. She stated that there is no legal reason to call it public comment or oral communications, just as the pleasure of Council.
Mayor Bier opened the public hearing.
Mgmt. Analyst Brooks introduced the speakers.
Jeromy Carpenter, Pacifica, stated he had two comments on this proposal, comparing it to a filibuster, and didn’t think it was good for a democratic debate on matters of importance to the community or Council, and the other comment was regarding Councilmembers expressing their views in a negative manner, expressing his specific concerns.
Dan Stegink, Pacifica, referred to an incident by someone seven years ago, and he didn’t think they need to streamline meetings. He expressed his concerns about having no minorities on Council thus the need for district voting and gave various past situations and he suggested that they leave things as they are and treat any incoming member as an equal.
Erin Macias, Pacifica, asked if this was in goal setting and she agreed with Mr. Carpenter’s comments in silencing dissent as well as Mr. Stegink’s comments, and expressed her concerns, concluding that these amendments should be tabled and Council rethink the long-term ramifications of such a change.
Suzanne Moore, Pacifica, stated that, as she listened to Mayor pro Tem Bigstyck, she believed many of the things that a councilmember may bring forward is based on community concerns, and shared her concerns on talking about having a voice for the community which she thought should be honored.
Dinah Verby, Pacifica, stated she was opposed to the changes in Section 11.3 in creating a new restriction on what is currently an unfettered right of a councilmember, and she expressed her concerns on the changes proposed which she feels undermines the intent of district elections and community engagement.
Remi Tan, Pacifica, stated that he agreed with the previous speakers, and feels there is a lot of vague language that needs to be vetted by the City Attorney. He shared his specific questions and concerns on several issues.
Christine Boles, Pacifica, stated that she agreed with all the previous speakers that some of these changes undermine our democratic process and ability to bring important items for discussion, and expressed some specific concerns she had regarding the data received and the process.
Mark Hubbell, Pacifica, expressed his concerns on the issues in this item, and how he sees City Council Regular Meeting 16 September 12, 2022
things playing out if the changes are made and thus is against the changes proposed.
Summer Lee, Pacifica, stated that she is adding her voice to all the previous speakers regarding this item and district elections to increase input from marginalized areas of the city, and this is a weirdly timed change to require a majority of Council regarding agendizing of an item that is controversial, and shared her other concerns on the logic of proposed changes.
Rick Nahass, Pacifica, stated his concerns about the proposed reasons for making these changes, which he thinks may be counterproductive in allowing the community to have a voice, and asked clarification on the scope of these changes.
Cindy Abbott, Pacifica, appreciated the questions raised by Councilmembers earlier regarding the process and she expressed her concerns regarding lack of additional public outreach and the timeframe, and suggested that it be tabled until after the election in November and requested a robust review of the appeal process and also agreed with other speakers that it should be tabled until one of the first meetings in 2023.
Mayor Bier closed public comments.
City Manager Woodhouse referred to a consistent theme in the public comments, as well as Mayor pro Tem Bigstyck’s question prior to public comment, and in trying to clarify what that agendizing rule does or doesn’t change, he felt there was a lot of misunderstanding from the comments about what the rule does. He wondered if she would like him and the City Attorney to continue to explain that more or if, during deliberation, they express their views on it without him and the city attorney explaining it.
Mayor Bier thanked him. She was concerned that there is not enough understanding and, when she decided to do the full chapter by chapter discussion, she didn’t realize that it was going to limit the amount of information that was given to the public before they had a public comment. She thought it was going to be a more thorough review of the document so everyone could review it and the community could hear them do the full review and then they can send it back with direction. She thought it might be good to have a much more thorough explanation or if he had a power point that could be brought up so they can see the information. She asked for Council input.
City Manager Woodhouse stated that he didn’t have a Powerpoint prepared on the document.
He stated that 95% of the changes recommended are language clarification and he believed there were only a few substantive issues that he thought Council would dig into and discuss, including the start time of Council meetings which relates to the late hour issue that have come up in comments, potentially the appeal hearing timing and the provision regarding agendizing meetings and possibly one or two others that come up. He asked her to let him know when they would like him to step up and explain more thoroughly the agendizing of items question.
Mayor Bier asked if he could do that now, and they can do it again when they discuss it.
City Manager Woodhouse started that, with the fact that every City Council decision is made by a majority vote of Council and how our local government democracy works and, in deciding and approving the budget, goals and priorities for the fiscal year and every single item Council considers on an agenda is decided by a majority of Council. He stated that each year Council approves what city staff’s work plan is and throughout the year, periodically, there are important priority issues that come up from the community or from councilmembers that can be agendized City Council Regular Meeting 17 September 12, 2022
to be discussed. He stated that there is nothing in the rule that prevents that from happening.
He stated that what changes, because councilmembers are mindful of how much staff time is an item going to take and should it be an item kicked to goal setting to be prioritized among all of the other priorities that the city is working on. He stated that, when a major issue comes up, and one of the best practices that most cities have, such as one commenter who read an excerpt from Half Moon Bay’s practice and is not inconsistent at all with what is being recommended in these rules. He stated that it is virtually the same, i.e., if there is a timeconsuming item, a very quick staff report can be prepared and brought to Council for them to decide how and when and if they handle that item. He stated that is how it currently works, and this rule is just making it more specific and changing the 7-day timeline to a 10-day timeline before a Council meeting for requesting that item. He asked City Attorney Kenyon if she has any additional clarification that he didn’t articulate more thoroughly regarding that rule. He stated that the theme he is getting to is that the comments from members of the community said that this change would interfere with civic discourse and debate and it doesn’t do that.
City Attorney Kenyon stated that she didn’t have anything new to add, but she can emphasize what the City Manager has already said, i.e., this 11.3 with regard to the agendizing of items from councilmembers, in no way limits any one councilmember from placing an item on the agenda and that is clear. One councilmember may go to the city manager ten days before the agenda posting and may request that an item be put on the agenda and it will be put on the agenda. If that request requires a significant amount of time which is a very common term as almost every city has Council protocols and rules, the issue that comes up is how you define a significant amount of time. She stated that, in most cities where she has seen their protocol, it varies from half an hour to an hour to two hours at the most. That is based on what Council decides is significant. In terms of whether it should be half an hour, an hour or two hours, that is something that should and can deliberate on, but in terms of whether or not it should be a definition for what is a significant amount of time, she recommends in all cities where she is a city attorney that the significant amount of time be defined because, as they heard at this meeting, it creates confusion and hard for staff to make that determination individually. She stated that section 11.3 related to agendizing in no way eliminates the democratic vote and the way our democracy is intended to work. They work by majority vote. She stated that, in this instance, they are allowing any councilmember, without another councilmember to support that request. She stated that, in a lot of communities, it does require two councilmembers to agree to place an item on the agenda and that has to be agendized. That is not what they have in these rules as the ad hoc committee has determined that they do want individual councilmembers to be able to place an item on the agenda which was important to the subcommittee and Council. She thanked the City Manager for clarifying that as she felt it was an important issue to make sure Council understands.
Mayor Bier asked if there were any comments before they start looking at the document. She didn’t see any response so she went to the beginning of the document, packet page 322, page 2 of the document.
City Manager Woodhouse stated that as Council goes through, if there are any editorial comments in explaining the rationale behind certain revisions, he was happy to jump in as is the City Attorney or City Clerk.
Mayor Bier stated that she is very concerned about the comments and the perception by the community that they don’t listen to them. She stated that she tries to listen to everyone and address everything that is brought up. She stated that Mayor pro Tem Bigstyck is good at that and she believes they do that as often as they can. She wants to make sure they address City Council Regular Meeting 18 September 12, 2022
everything before they make any decisions.
Councilmember O’Neill asked if they make the comments when they get to that section.
Mayor Bier stated that was fine. She thanked staff for doing that. She pointed out the first change on page 2 and asked if any councilmembers had any comments on this one. She stated that they can feel free to unmute and speak. Seeing no one, she moved on to the next item.
Councilmember O’Neill referred to the Council meeting starting at 7 pm City Manager stated that one revision is that it has been Council’s practice at the 10 pm timeline to take the vote, not 9 pm and making it consistent with current Council practice.
Councilmember O’Neill stated that they usually take the vote at 11 pm.
Mayor Bier stated that it actually says, as mentioned by a commenter, that there was another ordinance that stated that Council meetings need to end by 11 pm and ours does say that, but it adds that we can make a vote to extend the meeting.
Councilmember O’Neill stated that, as part of the committee, he and Mayor pro Tem Bigstyck discussed starting meetings at 6 pm.
Mayor pro Tem Bigstyck asked if it was 6 pm or 6:30 pm, as he recalled it being 6:30.
City Manager thought it was 6:30 pm that was discussed.
Councilmember O’Neill asked if the majority wants to start at 6:30 or keep it at 7 pm.
Mayor Bier asked what other cities are doing.
City Attorney Kenyon stated that, since Covid, a lot of cities are moving their meeting start times earlier for different reasons, and that has been her experience that moving meetings to begin earlier than 7:30 or 7 pm is what she is noticing, for the reasons they have heard from public commenters. There is a feeling throughout the state that trying to get business done during normal business hours for Council meetings is something that a lot of cities are trying to grapple with.
Councilmember O’Neill would propose they start at 6 pm, because by the time they do roll call, pledge of allegiance, land acknowledgment, they are probably pretty close to 6:30 to when they can start the consent calendar. When members of the public want to come after the get off work and can make it.
Councilmember Vaterlaus didn’t mind starting at 6:00 but, if they have closed session an hour before, they sometimes have two items and they have to do two hours before, and she was not sure everyone is capable of doing that.
City Manager Woodhouse stated that, with closed session and study session, they often will have an hour-long study session before a regular start time.
Councilmember O’Neill asked if, in those cases, they have the closed session start at 6 pm and City Council Regular Meeting 19 September 12, 2022
the agenda stay at 7 pm for the public part.
Councilmember Vaterlaus stated that you can’t change that time on a whim, and it has to be consistent.
Councilmember Beckmeyer agreed.
Mayor pro Tem Bigstyck stated that, prior to being on Council, he worked 11:00 to 8:00 shifts and he specifically would have to request Mondays off to be able to be at the meeting on time, and subsequent to joining Council, he has limited his hours of availability to 5 pm. He still takes Mondays off but he is sensitive to the 9-5 sensibility and he didn’t want to go any earlier than 6:30 for the reasons mentioned and he thought that could be a happy medium so they get in a little earlier and get out a little earlier.
Councilmember O’Neill asked if there was a consensus of 6:30.
Mayor Bier didn’t think it was necessary, as people are used to a 7 pm start time and it might be confusing for them and they will miss things and she thought it would be a weird adjustment.
Councilmember Vaterlaus stated that you have to take into consideration what happens at 1 am because there are a lot of times when they go to 1 am, and they would only be there until 12:30 if they start a half hour earlier.
Mayor Bier didn’t know if they have a consensus or not.
Councilmember O’Neill didn’t hear a majority for any time.
Councilmember Beckmeyer has been thinking about it, as the world of work has changed so much since the pandemic but in the past, the idea that people would be trying to commute to get home to get to an in-person meeting at Council Chambers, and numerous boards and committees that she has participated in the community have their meetings starting at 7 pm because of people’s commute hours.
Mayor Bier stated that she finds it hard to get to the 6 pm off time meetings and she usually late.
She stated that they stay at 7pm
Councilmember Beckmeyer thinks the question is whether there is some way to tighten up either the agenda setting process or the timing of the meetings that would help make them not so late. She gets the idea of starting earlier to make the meeting end earlier, but she didn’t think starting earlier is very practical. She asked what else they can do to keep from 1 am meetings.
Councilmember O’Neill stated that the other option they discussed is the Planning Commission used to have the first and third Monday and the fourth Wednesday of the month was always their scheduled study session day. He didn’t know if they still do that, but when he was on the Commission, that is what they did. He asked if they want to consider second and fourth Monday and then say the second Wednesday of every month would be their third meeting of the month if they need to have one because of issues. He asked the city attorney if that is legal, some months having it on a second Wednesday and some months they don’t have it on a second Wednesday.
City Attorney Kenyon stated that it is legal, and they can do that and have done it, even without City Council Regular Meeting 20 September 12, 2022
a change in the protocols. They can always schedule special meetings and that is what it would be since it isn’t a regular meeting.
Councilmember O’Neill asked if, they always say second Wednesday, but he is open to whatever day they want, would that always be a special meeting.
City Attorney Kenyon responded affirmatively, as they would only have two regular meetings a month unless they want to change to have three regular meetings a month. That would mean that you have to have three regular meetings a month unless Council was to cancel the third regular meeting. She stated that most cities have two regular meetings a month and, if Council at that time feels that, given what they are facing in the next year, given their goal setting and goal priority, they are going to have a lot to do in the next year and they agree that we will keep every third Monday available for special meetings. Then city manager and staff always know that, if they need a special meeting, this is the Monday when councilmembers keep their calendars open and it will be easy to schedule.
Councilmember O’Neill stated he finds it much easier if he has a set date to schedule meetings.
He stated he is just saying second Wednesday, but he would keep that second Wednesday free for Council meetings.
Mayor Bier agreed that having a placeholder would help her schedule, as well as anyone else’s, even new councilmembers coming in that they know to have that.
Councilmember O’Neill stated that, if they want, they can have the third Wednesday because there won’t be two in one week.
Mayor Bier stated that it depends on committee and commission meetings.
Mayor pro Tem Bigstyck stated that is emergency preparedness.
Councilmember O’Neill stated that he doesn’t have the big calendar in front of him. He would favor that. He stated that, if they start at 7 pm, and if they need a third meeting in a month, they have a set date when they do it.
Councilmember Beckmeyer asked what Councilmember Vaterlaus thinks about that.
Councilmember Vaterlaus thought that was fine but she was looking at the calendar and it gets confusing because of all the various committees. She didn’t know when they would place that commitment as Mayor pro Tem Bigstyck has something on the second Wednesday.
Mayor pro Tem Bigstyck stated it is the third Wednesday. He stated the second Wednesday looks clear to him.
City Clerk Coffey stated, regarding the second Wednesday, the Library Advisory Committee’s regular meeting schedule is for the second Wednesday of the month although they have not met since the beginning of the pandemic and have been canceled each month, but that is the regular scheduled meeting date.
Mayor pro Tem Bigstyck stated that they weren’t meeting since before the pandemic which is why he doesn’t have it on his calendar. He asked if City Clerk Coffey could help them find a date in time that would work, given the robust meeting schedule they have to navigate and City Council Regular Meeting 21 September 12, 2022
come back to them at a later time.
City Manager Woodhouse stated he was going to jump in about the second Wednesday and the Library Advisory Committee since it hasn’t met for a long time and there might be the possibility of looking for a new day and time for the LAC and allotting that time to Council.
Councilmember Beckmeyer thought that makes sense to her.
Mayor Bier agreed as well.
Councilmember Beckmeyer thought it was fair to say they will be having a busy year coming up with Housing Element, follow up from the General Plan, phases of the Beach Boulevard Infrastructure Resiliency and things that tend to create those special meetings. She thought the idea of creating a placeholder and setting it on their calendar makes sense.
Councilmember O’Neill would prefer Wednesdays because staff is usually open until 7:30 on Wednesday nights and staff is not available on Wednesdays.
Councilmember Vaterlaus would prefer it on a week when they didn’t already have the Council meeting. She stated that, this week, she has a meeting every night of the week and she would like one night that’s free.
Councilmember O’Neill stated that it would be the first Wednesday of the month and asked if there was a conflict. He asked the City Clerk if she had the calendar.
Mayor Bier thought there was so much more they have to discuss in this document.
City Manager Woodhouse stated, to that point, they could parking lot this issue of the special regular meeting date and bring that back as a separate stand-alone item for Council approval and amendment to this policy. He stated that they do handle special meetings on an ad hoc basis now and it might take a little bit more work to find the time and go through all the different meetings and prioritization of them to locate a standardized special meeting night.
City Clerk Coffey referred to the question of the first Wednesday of each month, they have regular meetings for the Beautification Advisory Committee.
Councilmember O’Neill concluded that they are all scheduled on Wednesdays because staff is working until 7:30. He votes that they just parking lot this item, remain at 7 pm and they continue present practice.
Councilmember Vaterlaus stated that one thing on there is the notification that at 11 pm they decide they are going to vote on extending the meeting time period. She said it said 9:00 and then changed to 10:00 but they might as well change it to 11 pm.
City Manager Woodhouse stated that he mis-spoke earlier that the 11 pm time isn’t further and says meetings will conclude by 11 pm unless a majority of councilmembers present vote to extend and then what used to be 9 pm and is now 10 pm time refers to.
Councilmember O’Neill stated amending the agenda.
City Manager Woodhouse agreed that it was regarding amending the agenda. He stated that City Council Regular Meeting 22 September 12, 2022
he has to plug his computer in.
Mayor Bier stated she is struggling going over this at all. She stated that, regarding comments made by the community, the timing of this conversation is eating at her.
Councilmember Beckmeyer understands that. She completely agrees.
Councilmember O’Neill asked if they are going to adjourn the meeting and not talk about this anymore.
Councilmember Beckmeyer thought they needed to break it into different sections or table the item for a future meeting. She wasn’t sure what everyone would like to do, but Mayor Bier is staying that the approach she had envisioned, which made sense to her in light of what they have done recently with their other large project, and the difference is that they haven’t had a lot of time with this document nor the community and it feels that they have received strong feedback this evening.
Mayor Bier agreed, adding that is what her gut feeling is, i.e., they should table this to a different meeting as she didn’t think they were ready to talk about this.
Councilmember Vaterlaus asked if they should have waited on the General Plan too, until they have a new body. If they keep waiting on things, then she didn’t think it is useful as a Council as they have September through December, four months, and they have to get things done and can’t put off everything because there might be a new Council.
City Manager Woodhouse will add to the conversation that they can take it up whenever, as Council had originally directed the goal of updating this policy before the end of the fiscal year.
Because of various work plan priorities and getting the ad hoc committee together and doing the research, it took longer than the end of the fiscal year. He stated that they have busy agendas coming up and the agenda management is always a challenge as they see on this agenda, that this is the only consideration item and it was intentionally a light agenda because they had numerous special presentations that were also time sensitive, and it is an art in trying to balance the agenda. He stated that it is completely the Council’s prerogative and they recently polled for picking out a couple of special meeting dates for City Council meeting in October and November. He stated that they will have more meetings to get the business done and they could table this to one of those meetings in the future. He stated that, if the Council didn’t want to make a decision about it at this meeting, they could go through more of the deliberations so the public hears the revisions that are being suggested and the rationale for them, and continue the meeting to a future date.
Councilmember Beckmeyer stated that goes more to what she was saying a few moments ago, that in terms of the opportunity to look over the information, hear it, understand it, discuss, and amend if they think they need to or add, but she thinks the idea of going through and making a decision doesn’t feel right as it is 10 pm and according to page 2, they should be having a discussion now which is what they are having, to discuss what they are going to do with tabling and moving forward to another agenda. She thinks they all see the benefit of looking at this in terms of the way they do their work and she thinks they should go through as much as they can, given their ending time of 11 pm and table the rest. She asked what Mayor Bier thinks about that.
Mayor Bier stated that it sounds better to her to be able to continue the meeting so they can City Council Regular Meeting 23 September 12, 2022
continue the items. She thanked her for that discussion. She then stated that they can go back and talk about it all.
Councilmember Beckmeyer stated that this is on packet page 322, and about Council beginning at 10 pm and thereafter, if the majority requested, will determine what issues will be completed at that meeting and which items will be continued to the next regular or special Council meeting.
She asked if that feels like what just happened and feels comfortable around how they can proceed. She didn’t think about that and had no association with the sentence she just read.
She thought this is a good process and unearthing something she felt could be a useful tool in terms of focus, meeting management and checking in.
Mayor pro Tem Bigstyck stated especially if they have a designated special meeting day that is consistent.
Councilmember Beckmeyer stated that they are putting a little asterisk, a pin to come up with some language about that special meeting. She is making a note on her document margin about that, and they aren’t going to go through and try to figure out what that meeting is now but just add language about a third meeting.
Mayor Bier agreed. She then stated they are moving forward, and Councilmember Vaterlaus brought up changing oral communications to public comments and she agreed as she gets caught between the two.
Councilmember Vaterlaus stated that she has another weird thing, i.e., says that the mayor may call for a break every two hours. She asked if that is how their bodies work.
Councilmember Beckmeyer asked if she means arbitrary.
Councilmember Vaterlaus stated that it says additional recesses may be called, but it seems odd to her.
Councilmember O’Neill stated that it doesn’t hurt anything and he doesn’t want to spend 20 minutes talking about it.
Mayor Bier asked if they want to change oral communications to public comments.
Councilmembers Vaterlaus and Mayor pro Tem Bigstyck agreed.
Councilmember Beckmeyer asked if they were talking about No. 3 on page 3.
Mayor Bier responded affirmatively.
Councilmember Beckmeyer concluded that oral communications get changed to public comments.
Mayor Bier stated that throughout.
Councilmember Beckmeyer stated that she got it.
Mayor Bier stated that the next change is in C.
City Council Regular Meeting 24 September 12, 2022
Councilmember O’Neill asked if they could put public comments on items not on tonight’s agenda.
Councilmember Vaterlaus stated that it says on Non-Agendized items.
Councilmember O’Neill stated that he knows it says that but he was trying to make it simpler as sometimes people don’t understand it.
Councilmember Beckmeyer asked if it was public comment or communication.
Councilmember O’Neill stated comments.
Councilmember Beckmeyer added on items not on the agenda.
Councilmember O’Neill stated on tonight’s agenda.
Mayor Bier stated that it might not be nighttime.
Councilmember O’Neill clarified that it says on this agenda.
City Attorney Kenyon suggested that they put on the posted agenda.
Councilmember O’Neill thought that sounds good.
Councilmember Beckmeyer concluded on the posted agenda.
Councilmember O’Neill stated that change all oral communications to public comments in the entire document.
Mayor Bier agreed.
City Attorney Kenyon mentioned to the City Clerk that they are also asking to change, instead of on Non-Agendized items, to on the posted agenda.
Mayor Bier stated she got that, and then stated that C is where the next change is and she asked if they agree with that. She thought it was fine.
Councilmember Beckmeyer referred to D, management of public comments.
Councilmember O’Neill stated that E is not their current practice but the day of the meeting.
Mayor Bier stated that they have to do D first and then they will move to E. She asked if everyone was okay with the changes in D.
Councilmember Vaterlaus agreed.
Councilmember O’Neill again stated that E is not their current practice as now is the deadline noon or 4 pm on the day of the meeting.
City Manager Woodhouse stated that the deadline is currently noon.
City Council Regular Meeting 25 September 12, 2022
Councilmember O’Neill asked if on the day of the meeting.
City Manager Woodhouse responded that it is on the day of the meeting.
Councilmember O’Neill stated that needs to be changed.
City Manager Woodhouse said that it says submitted by noon on the date of the City Council’s meeting.
Councilmember O’Neill stated that he was reading the lined-out portion.
Mayor Bier stated that there is red and green and she asked where the green comes from.
City Manager stated that it was during their version editing with different edits from different iterations of the document.
Mayor Bier understood and asked if they are ready to move one. She has some stuff for H and, after looking at it, she thought she would have to come back to that, as she has it circled but she thinks there is something there.
Councilmember Beckmeyer asked if she was talking on E or a different one.
Mayor Bier stated she was talking about H.
City Manager Woodhouse stated, for context, and the City Attorney can add also, but for H and I, with oral communications, the reason for there not being discussion about the items is that they have to comply with the Brown Act where Council would discuss items needs to be agendized specifically and when they have oral communications, they aren’t agendized items that are raised and Council can’t discuss those items. He stated that clarifying questions is normal or asking staff to follow up is the normal practice unless the City Attorney wants to elaborate on that.
City Attorney Kenyon just wanted to confirm that those changes were primarily made to make sure that there is no confusion that they were complying with the Brown Act.
Councilmember O’Neill asked if they want to put a reference in there, per the requirements of the Brown Act, City Council cannot respond to public comments or something to that effect.
City Attorney Kenyon stated that they could if Council desires that.
Councilmember Vaterlaus stated that it clarifies it a little bit.
Mayor Bier knows there are many times where they will ask questions based on public comments, and they address some of the questions made in public comment, but not during that time, but during Council Communications.
City Manager Woodhouse stated that it says asking clarifying questions and referring the matter to staff and that is what typically happens.
Councilmember O’Neill stated that they don’t need to do the wordsmithing now but ask staff to come back with it when they look at this the next time.
City Council Regular Meeting 26 September 12, 2022
City Attorney Kenyon agreed, and she asked City Clerk Coffey that, instead of word snipping the document, just put it in the comments as she was doing above and that will be a note for staff to double check that item.
Councilmember O’Neill asked if they want to put current Brown Act as they keep changing it.
City Attorney Kenyon knows that they will word snip it and it won’t say in order to comply with the Brown Act but it will get the message across.
Councilmember Beckmeyer asked if they were looking at 4A now.
Mayor Bier agreed, stating she is fine with 4A.
Councilmembers O’Neill and Vaterlaus were okay with that.
Mayor Bier appreciated the changes in C. She would like to make sure there was a consensus anyway as it feels better to do that. She asked if that was why they thought to change that.
She thought it would be nice to hear the logic behind the changes if possible.
Councilmember O’Neill stated that, one thing that is not addressed here is the spokesperson for a group of persons, and he asked if they are going to allow that spokesperson extra time because they are speaking for many people, as that is not addressed. He stated that he hears three people say they will give their time to someone and they want him to get nine minutes. He asked if they want to put that in there or leave it the way it is.
City Attorney Kenyon added that there is always the discretion for the mayor to suggest that, depending upon the request, even if it is not included in the protocols.
Mayor Bier stated that it was just a request for a spokesperson but that is not necessarily what happens.
City Attorney Kenyon agreed.
Councilmember Beckmeyer asked if the mayor was asking for clarification on paragraph C.
Mayor Bier stated she was, as she thought, as they go through it, it would be helpful to have the logic behind the changes that were made.
City Manager Woodhouse stated that, on C, the practice has been that the mayor is the presiding officer over the procedural aspects of meetings and here the change was made that, at the discretion of the mayor to allow additional public input seemed to be what they do in practice rather than Council voting on that. He stated that it is Council’s decision about how formal they want to be about that process.
Councilmember Vaterlaus likes the way it is written.
Councilmember Beckmeyer agreed.
Mayor Bier agreed also, and then moved on.
City Council Regular Meeting 27 September 12, 2022
Councilmember O’Neill likes the idea of the city talked about that they get ten minutes and then three minutes for rebuttal.
Councilmember Vaterlaus asked if for appeals.
Councilmember O’Neill responded affirmatively, but added about explaining the rebuttal process.
Councilmember Vaterlaus thought it takes three minutes to explain it.
Councilmember Beckmeyer stated it is hard to predict how many minutes they would want to reserve.
Councilmember O’Neill stated, if they only use seven minutes for their presentation, they still only get three minutes for rebuttal, not banking.
Councilmember Vaterlaus stated it was up to ten minutes and allowing three minutes for rebuttal.
Councilmember O’Neill agreed, but added that, if they do it in eight, they don’t get to bank the two minutes.
Mayor Bier agreed that it was a good policy.
Mayor pro Tem Bigstyck also agreed and asked if that was how they used to do it a decade ago. He thought that was how it was when they first started attending meetings and then it changed and he didn’t remember how that happened.
City Manager Woodhouse stated that it was interesting to note that is how the policy was originally written but ever since he has been here, it has been the ten with reserving three of the ten and either way, as the commenter also spoke, there seems to be more appeals and that adds time to the appeal and it could go either way and, as Councilmember Vaterlaus stated, clarifying the process takes time as well and if they can be as clear as possible, then it is only a three minute difference or six minute difference as they have appellant and the applicant to get the same thing.
Councilmember Beckmeyer stated that it sounds like they are deciding to restore the words and three minutes for rebuttal and strike the option to reserve up to three minutes for rebuttal.
City Manager Woodhouse agreed.
Councilmember Beckmeyer also heard if they shall give up to ten minutes for their opening presentation.
Councilmember Vaterlaus and in the comments on the side it says and up to three minutes additionally.
Councilmember Beckmeyer is concerned about that because she is afraid it will introduce into people’s minds the idea that it might change and they can’t count on ten minutes and maybe it will be that they get up to ten minutes and this time they only get eight minutes or six minutes.
She understands what they are saying.
City Council Regular Meeting 28 September 12, 2022
Councilmember O’Neill stated a maximum of ten minutes.
Councilmember Vaterlaus stated no more than ten minutes.
Councilmember Beckmeyer stated that she doesn’t want to wordsmith it but that is what people could think when they read it and it could be concerning to them. She asked that they put a little asterisk in that comment for staff to word snip that so it’s clear.
Mayor Bier stated that they can move forward to D. She thought there was public comment around this.
Councilmember Beckmeyer asked if it was in the comments submitted before the meeting.
Mayor Bier stated no.
City Attorney Kenyon thought that statement was with regard to Council behavior as opposed to addressing the public.
Mayor Bier appreciated that input.
Mayor pro Tem Bigstyck stated that they softened some of the ambiguous language, such as the slanderous and obscene remarks.
Councilmember Beckmeyer stated that there is a lot of rights mentioned in the second line of B, and she asked if they can strike the words “and that” in the middle, i.e., “the public have the right to address the Council includes the right to make remarks that member of the City Council may find critical, unpleasant ...”
Mayor Bier stated that she dropped off and Councilmember Beckmeyer didn’t notice.
Councilmember Beckmeyer thought she was in deep thought over what she just said.
Mayor Bier reiterated that she dropped off and came back.
Councilmember Beckmeyer stated she was suggesting dropping three words out of the sentence and changing “includes” to “including”.
Councilmember O’Neill liked that.
Mayor Bier agreed. And stated that they were at C.
Councilmember O’Neill stated he was okay with C.
Mayor Bier stated that they were not in City Council Decorum. She stated she was fine with A.
Councilmember Beckmeyer agreed.
Councilmember O’Neill stated he was okay with B.
Councilmember Beckmeyer stated it was fine.
City Council Regular Meeting 29 September 12, 2022
Councilmember O’Neill stated he was fine with C.
Mayor Bier asked if the comments were for this paragraph.
City Attorney Kenyon didn’t think so, but that it was further down.
Mayor Bier asked that she let her know when she sees that. She stated she was okay with C and asked if everyone was okay with D.
Councilmember Vaterlaus stated C, D and E are good.
Mayor Bier stated that E has some changes that they might want to look at.
City Attorney Kenyon believes it is E.
Mayor Bier referred to the monopolizing discussion time including posing too many questions.
City Attorney Kenyon noted that it is the existing language.
City Manager Woodhouse stated except for the red underlined which is new.
City Attorney Kenyon agreed, adding that she thought the comments were directed at the existing language or she could be wrong.
Mayor Bier thought they were talking about monopolizing discussion time, including posing too many questions. She thought that goes back to making it so they aren’t able to deliberate as much. She stated that councilmembers ask questions all the time.
Councilmember O’Neill thinks they have to understand that Roberts Rules of Order allow councilmembers to close debate and call for the question.
City Attorney Kenyon agreed and added for edification that the only penalty for anyone violating any of these protocols is just a potential for a public censure of a councilmember which would require another meeting where that issue would be agendized for Council, and all her years, she has never seen a Council censure a councilmember for violation of protocol. She stated that there is a remedy but it is simply a censure.
Councilmember O’Neill stated that it could be like a filibuster in the Senate where a member gets up and starts reading “Green Eggs and Ham” to delay the vote. He thinks the Council itself has to have the right to call the question at some point.
Councilmember Vaterlaus stated that they have that right and can vote on it.
Councilmember O’Neill agrees.
Mayor Bier didn’t think that statement is necessary. She stated if you want to talk about a filibuster, that is fine, but she didn’t think they should keep Council from asking questions, and she thought that was perception.
Councilmember O’Neill stated that he has no problem with councilmembers asking questions as City Council Regular Meeting 30 September 12, 2022
you learn and sometimes it prompts more questions going down a road.
City Manager Woodhouse stated that Councilmember O’Neill and Mayor pro Tem Bigstyck can correct him if he is wrong, but he thought the focus on this revision was the aspect of too many questions that do not facilitate further deliberation, general understanding or bring the issue to closure. He stated that it is really that filibuster concept because questions related to the matter and furthering understanding and deliberations is part of the process. He stated that this is getting at the filibuster situation.
Mayor Bier thought it should just talk about filibustering and not statements.
City Manager Woodhouse was open to any suggestions on language to clarify.
City Attorney Kenyon stated, to that point, she would want to more clearly define filibustering.
She thought that was the attempt by coming up with this definition by the subcommittee, but they can come up with other definitions.
Mayor Bier thought the too many questions and on an issue that doesn’t sit right with her.
City Attorney Kenyon stated she was doing fine without her.
City Manager Woodhouse stated that it was not too many questions on an issue, but too many questions that don’t facilitate further deliberation on an issue. He stated that they could clarify that somehow.
Councilmember Beckmeyer suggested that they take out the “too many”, monopolizing discussion time including posing questions on an issue that do not facilitate furthering deliberations is a mouthful.
Councilmember O’Neill asked, just throwing for discussion, if they want to set a time limit, such as every councilmember has five minutes and then it has to go to another councilmember but can go back to the other person, so everyone gets their time for discussion, but they can be repeated.
Mayor Bier thanked him for throwing that out.
Mayor pro Tem Bigstyck feels that it is the rule of the chair to identify when it might be useful to start redirecting the focus to another councilmember.
Councilmember O’Neill stated he is okay with that.
Mayor pro Tem Bigstyck knows a part of the reason they were looking at this when they were looking at other boards and what best practices are in other places, and they thought it might be a good idea to address this issue of those who more erroneously start monopolizing the time for the sake of undermining the business at hand rather than trying to further the discussion and that is where this attempt at nomenclature is derived.
Councilmember Beckmeyer has a proposal on the part added at the end where it starts “or monopolizing discussion time”. She proposes striking the words “too many”, striking the word “facilitate” and changing the word “furthering” to “further”.
City Council Regular Meeting 31 September 12, 2022
Mayor Bier thinks that’s a little better as it is not like you are asking too many questions as they want questions.
Councilmember O’Neill asked if this is almost kind of addressed by the term “grandstanding”.
Councilmember Beckmeyer stated she has a little problem with that. She feels, the way grandstanding is defined in this, she would personally strike the entire second sentence that states with “it”. She would start that sentence with the word “grandstanding” and also strike “on the Council dais”. She stated “There will be no grandstanding on any issue. Grandstanding is the use of an individual Council seat in a disrespectful and inappropriate manner to state a point of view ...” She feels that it is a little wordy in what they are trying to say what grandstanding is.
She believes it is important to define it but is defined too many times.
Mayor Bier agreed.
Councilmember O’Neill asked if she wants to put there will be no grandstanding or filibustering on any issue.
Councilmember Beckmeyer stated that will then have to define filibustering and as the city attorney will probably advise them.
City Attorney Kenyon thanked her.
Councilmember Beckmeyer stated that, if they say there will be no grandstanding or filibustering, then they will need to insert another sentence after they define grandstanding.
City Attorney Kenyon stated, for the record, she thinks filibustering is being addressed in the last redline sentence or phrase at the end of the paragraph as that was intended to address filibustering and she didn’t think there was a need to address it in the first sentence. She added that they could, but they would want to use the same definition that they have in the last phrase, but that would be redundant.
Mayor Bier thought scratching out including posing too many questions, as she didn’t think that was a good thing to have there.
Councilmember Beckmeyer stated that there is a clause that comes after the posing questions on an issue, then it clarifies what is problematic about the way in which they are being posed.
Mayor Bier thought it was the posing of questions because you can be filibustering without asking questions and she didn’t think it had anything to do with questions, just the general discussion on an issue that doesn’t facilitate further deliberation. She reiterated that it doesn’t have anything to do with questions.
Councilmember Beckmeyer hears what she is saying on monopolizing discussion time.
City Attorney Kenyon suggests, “or monopolizing discussion time, including ... she apologized that she is having trouble reading her writing.
Councilmember Beckmeyer suggested, “in ways that do not further deliberation, general understanding or bringing issues. She sees what Mayor Bier is saying which is take the word question out of it completely, not just too many but also the word question.
City Council Regular Meeting 32 September 12, 2022
Mayor Bier agreed.
City Attorney Kenyon thanked her and she thinks her writing says “or monopolizing discussion time in a manner which does not facilitate for further deliberation,” just get rid of questions and “in a manner which does not...”
Mayor Bier agreed as they want to be able to ask as many questions as they can.
Councilmember Beckmeyer agreed, “discussion time in a manner ...” City Attorney Kenyon added “that does not facilitate or further”.
Councilmember Beckmeyer and City Attorney Kenyon were trying to clarify the terminology.
Councilmember Beckmeyer stated she loved it.
City Attorney Kenyon agreed.
Mayor Bier asked if everyone else was okay with that.
Councilmember Vaterlaus responded affirmatively.
Councilmember O’Neill also responded affirmatively.
Mayor Bier thought, in F, it was important for an explanation for the community to understand the process they already do as in a city manager system or structure, this is what they are already doing.
City Manager Woodhouse agreed, adding that he can do that. He stated that there was a quote from the Half Moon Bay policy and this is what is very consistent with that. This specifies, which is the practice in most Council manager forms of government, that the importance of the questions coming through the city manager is for efficiency. They could have five different councilmembers asking questions directly of department directors where it is all the same question, and if the questions come through the city manager, they can efficiently consolidate and get the information to the entire Council prior to the meeting and that is why that system exists if that helps with the explanation.
Mayor Bier stated, to be fair, she feels that it works really well and the community understands that, when she poses a question and she sends it to the city manager and he sends it to a staff member and she gets an answer very fast and thorough and she doesn’t feel like it gives more power to the city manager but helping Council get the right information from the right person and department.
Councilmember O’Neill added that it is distributed to all five of them.
Councilmember Beckmeyer agreed.
Mayor Bier also agreed.
Mayor pro Tem Bigstyck stated that, as a member of the public, he would go to Council City Council Regular Meeting 33 September 12, 2022
meetings for years and, over time, he developed personal relationships with city staff as a result, especially during intermissions or before or after the meetings. He would talk to them and had the ability. When he became a councilmember, he learned about the Council management structure which is common through many cities and he had to unlearn going directly to city staff because it messes things up a little. He stated that he often mails the city manager and may copy the department head as it is hard to break himself of that habit. He talked to a government affairs official for PCE and as they were discussing, he reminded him of the way generally in all cities, the Council management structure operates and as a member of the public, he was not aware of how that structure operates and is common in many cities.
Councilmember Vaterlaus stated that she has had other city managers and it was exactly the same, such as when Lorie Tinfow was the city manager, they went directly to her.
Mayor Bier stated that she was fine with leaving it as-is. She stated, in Order of the Agenda, there are a lot of things redlined and she thought they might be able to get an explanation for that.
City Manager Woodhouse stated that the clarifying note there is that all of the redlined items have been moved into a new section called regular agenda items and any track changes on those items are reflected in that later section 4. He stated that, scrolling down past all of the track changes redlined. He then thought the section number is incorrect. Section 4 is consent calendar, Section 5, Council Communications, and Section 6, Regular Agenda Items. He stated that Section 6 shows the track changes to those regular agenda items. He stated that it is a little cluncky in managing the track changes when you’re re-ordering the document for readability.
Councilmember Beckmeyer gets it.
City Manager Woodhouse pointed out, under special presentations, the committee added, with the issue of trying to manage the length of times of meetings and the agenda, trying to limit special presentations to more than 20 minutes collectively. He stated that this meeting was a little bit of an exception because they had four time-sensitive special presentations and proclamations that had to go in the month of September, but typically, they would only have one or two and do them in the 20-minute time period.
Mayor Bier stated this is an attempt. She stated that was one and two, and they were good with two. She wondered why the part in Section 2 of the last sentence was being taken out.
Councilmember Vaterlaus asked where they are posted, as she thought there should be a copy at the library.
City Manager Woodhouse stated that it is struck out because that says that, at the Council Chambers, there is new law about posting of the agenda or reports which this section is talking about, and there are copies posted at City Hall, copies of the agenda that are sent to the libraries and they always have copies of the reports at the physical Council meetings, and City Clerk Coffey can clarify that.
City Clerk Coffey stated that they have a full agenda packet available at the physical locations, and at the Council Chambers when they are in person, including the staff reports with their attachments. She thought, they were responding to the nature of the meetings being virtual now versus in person and they have full agenda packets at the Civic Center currently without City Council Regular Meeting 34 September 12, 2022
the physical meeting location.
Mayor Bier asked if there can be a reference of that.
Councilmember O’Neill asked if they are sending physical paper copies to the libraries.
City Clerk Coffey stated that they are having the libraries post the agenda outline that they also post at the Civic Center, Community Center and Council Chambers, but not the full agenda packet which, depending on the attachments and number of reports, it could be upwards of anywhere from 400 to 1000 pages.
Mayor Bier stated that there might be community members that the only way they can read it is at the libraries.
City Manager Woodhouse stated that they have the physical copy at City Hall.
City Clerk Coffey stated that the physical copy of the agenda is at City Hall and they are also made available at Council Chambers on the date of the meeting when they have an in-person meeting. She added that the libraries are equipped with computers and she believes they have library staff available to assist with accessing online materials.
Councilmember O’Neill stated that the time was 10:45 pm.
Mayor Bier thanked him but she didn’t think they will be extending the meeting as she thought they will end at 11 pm and continue the meeting.
Councilmember O’Neill thought that was a consensus, but he wanted to be sure.
Mayor Bier stated that she was asking.
Councilmember Vaterlaus was in agreement.
Councilmember Beckmeyer stated that was her understanding.
Mayor pro Tem Bigstyck stated that it was fine by him. He asked if they were asking to make sure there is a copy of the agenda in the libraries.
Councilmember Vaterlaus responded affirmatively.
Mayor Bier stated that it was not the agenda, but the report.
Councilmember Vaterlaus stated it was the whole agenda packet.
Mayor Bier stated that they need to have it available in as many places as they can for them as that is one of the concerns with the community that is not acceptable.
City Manager Woodhouse would like to talk about this a little bit as the physical printing and distribution of the entire agenda packet, depending on how big, as City Clerk Coffey stated it could be 1000 pages, and it is quite onerous to do. He stated that they have it available at City Hall and it is rarely accessed at City Hall. It is also at the Council Chambers. He thought the Council could decide if they want multiple copies distributed all around the city, they would do City Council Regular Meeting 35 September 12, 2022
that, but it is a significant undertaking as well as a significant amount of paper with some question about frequently that is actually accessed versus electronically accessed at a library computer if someone needs assistance or at City Hall.
Mayor Bier suggested that they leave that sentence in and leave it at that.
City Manager Woodhouse stated it was fine as they do that, i.e., posted and available at Council Chambers. He stated that the reason they struck it out is because now they are not doing in person meetings at the Council Chambers as the reports aren’t there because no one can get into the Council Chambers.
Mayor pro Tem Bigstyck stated the really can say when they are in person meetings.
Mayor Bier stated that sounded good.
Councilmember Beckmeyer thought one additional thing needs to be included which is the statement City Clerk Coffey made and City Manager Woodhouse just reinforced, which is that the full agenda packet is available at City Hall, which right now is at the Community Center and right now there is no physical paper copy available at Council Chambers. She thought the intent of the process is not to write policies for what might prove to be two more months of not having in person meetings and the intent is that eventually, City Hall is going to be re-occupied and is a place with a specific address and location and Council Chambers will be where they conduct their meetings in person. She asked if they should be stating in this paragraph that the agenda packet is available and all staff reports and attachments is available for public review at City Hall.
Councilmember Vaterlaus stated just at City Hall and is consistent wherever City Hall is located is where it will be.
Councilmember Beckmeyer stated in this document it only talks about Council Chambers. She stated that, what the mayor said about restoring the last sentence, they never talk about the part that is at City Hall.
City Manager Woodhouse had a suggestion as what is weird about this, asking City Clerk to scroll back up, and for some reason this just falls under the consent calendar discussion, and he would recommend that they come back with a paragraph, unless it is already in there but in a different location, that talks about where the physical agenda packet will be provided.
Councilmember Beckmeyer agreed.
City Manager Woodhouse stated that it then doesn’t just pertain to consent calendar reports but pertains to all of the reports. And they will clarify that it is provided at City Hall, and there will also be a copy at the Council Chambers when they are doing in-person meetings. He thought state law continues to require at City Hall as well.
Councilmember Beckmeyer agreed that they will include City Hall and they will move the entire reference to all of it somewhere else in the document that is higher up or pertains to everything, not just the consent agenda.
City Clerk Coffey thought, other than striking this phrase, her read on this was the intent of this statement was that, because this is under the consent calendar, her take is that each of the City Council Regular Meeting 36 September 12, 2022
consent calendar items, even though not discussed individually, they are considered as a whole and each item will have a staff report that is sufficient to inform the public of each item on the consent calendar and that those staff reports are available to the public. That is her read on it, and she thought they were striking this portion of this phrase because it was taking away from the emphasis that each consent calendar item will have a staff report that adequately discusses it.
Councilmember O’Neill agreed with her.
City Manager Woodhouse stated that the topic of where the agenda packets are physically provided will be addressed in a different section.
Councilmember Beckmeyer understood.
Mayor Bier referred to Section 7.
City Manager Woodhouse stated, for quick clarification, there was wording choice changes the committee wanted to make regarding deliberation versus discussion and discuss versus debate, etc.
Mayor Bier was okay with the changes on page 11.
Councilmember Beckmeyer asked her what page she referred to.
Mayor Bier stated it was packet page 331, page 11 of the document. She suggested they talk about the abstention, the redline on No. 12.
City Manager Woodhouse stated that City Attorney Kenyon can clarify regarding the legal requirements.
City Attorney Kenyon stated the strikeout was simply to clarify that, when someone abstains for non-political or format issues or actual financial conflict issues, their abstentions only have effect on the quorum, and there still can be a quorum. If there was a political or format conflict, there could not be a quorum but she also thinks this is an attempt to try to address that there is no reason to state why you are abstaining when you abstaining for a non-legal reason, i.e., if you are not abstaining for a political or format issue, which by law you have to state your abstention and the reason for it, then there is no reason to state why you are abstaining from voting.
Mayor Bier stated that made more sense to her.
Councilmember O’Neill stated that it was 10:55 pm.
Mayor Bier saw that, 10:56 pm, and she asked if they should stop there.
Councilmember Beckmeyer stated if she wanted them to stop at the bottom of packet page 331.
Mayor Bier responded affirmatively and stated they could begin on the next page when they continue the meeting.
Councilmember Beckmeyer agreed.
City Council Regular Meeting 37 September 12, 2022
Councilmember Vaterlaus asked if they have to move to continue this to a date.
Mayor Bier stated that they do need a motion.
Councilmember Vaterlaus moved to continue the item to their next regular meeting.
Mayor Bier thought the city manager will have to look at it.
Councilmember O’Neill stated a date to be determined.
City Manager Woodhouse stated that he would say a date to be determined, and he asked the City Attorney if that is an appropriate motion where they have flexibility in determining when they can fit this into a future agenda.
City Attorney Kenyon responded affirmatively.
Councilmember Vaterlaus moved to continue this item to a date to be determined; seconded by Councilmember O’Neill.
City Clerk Coffey took a vote by verbal roll call.
Vote: 5-0 (to continue this Agenda Item to a date to be determined) RESULT: NO VOTE REQUIRED [UNANIMOUS]
MOVER: Sue Vaterlaus, Councilmember
SECONDER: Mike O'Neill, Councilmember
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer
ADJOURN
Mayor Bier adjourned the meeting at 10:58 p.m.
Transcribed by Barbara Medina, Public Meeting Stenographer.
Respectfully Submitted,
Sarah Coffey, City Clerk
APPROVED: 5 - 0; 10/10/2022
__________________________
Mary Bier, Mayor