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Pacifica City Council
December 15, 2022

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Agenda
Meeting
December 15, 2022
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Pacifica City Council
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Text extracted from the city's file for reading and search. Open the original on pacificacityca.iqm2.com. That file is the official record.

CITY OF PACIFICA

CITY COUNCIL AGENDA
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Mary Bier
Mayor Pro Tem Tygarjas Bigstyck
Councilmember Mike O'Neill
Councilmember Sue Vaterlaus
Councilmember Sue Beckmeyer
City Council Special Meeting 1 December 15, 2022

SPECIAL MEETING
December 15, 2022 (THURSDAY)
6:00 PM
www.cityofpacifica.org

PLEASE SILENCE CELL PHONES DURING MEETING
Alternative Ways to Observe and Participate in the Meeting:

The primary method for observing and participating in the meeting is in-person at the meeting location published in the meeting agenda. However, there are alternative ways to observe and participate in the meeting:
• Watch on TV on Comcast channel 26
• Watch a Live Stream of the meeting by following https://www.cityofpacifica.org/LiveStream or www.pacificcoast.tv
• Call-In Public Comments (offered on a pilot basis):
• When the Mayor announces the Agenda Item on which you would like to comment, dial-in to the number and enter the Conference ID listed below. You will be placed on hold in a call-queue.

Please mute any background sound and listen through your phone to be called upon by the last 4-digits of your phone number. State your full name at the start of your public comment. • Dial-in: 1-650-898-6965 | Conference ID: 383 609 442 # o Press * 5 to raise your hand in the call queue.
o Press * 6 to unmute when called upon to speak by the last 4-digits of your phone #.

Please note that Alternative platforms for participation are subject to underlying technology functionality and may be modified or interrupted at any time without notice. • Written Public Comments:

BEFORE THE MEETING: Written public comments may be submitted in advance by 12:00 p.m. on the meeting date by email to: [email protected]. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda
• Include the submitter’s full name
Written public comments received by 12:00 p.m. on the meeting date will be provided in their entirety to the City Council and posted to the City’s website prior to the meeting but will not be read verbally at the meeting.

AT THE MEETING: Materials in writing provided at the meeting should provide seven (7) copies to provide for each Councilmember, City Clerk and City staff.

City Council Special Meeting 2 December 15, 2022
6:00 PM - OPEN SESSION
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.

Salute to the Flag led by Councilmember O'Neill

CONSENT CALENDAR
Persons wishing to address the Council on any Consent Calendar item may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any item listed on the agenda should submit a speaker card to the City Clerk.

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

1. Adoption of Resolution Declaring the Canvass of Returns and Results of the General Municipal Election of November 8, 2022
PROPOSED ACTION: Move to adopt the resolution declaring the canvass of returns and results of the general municipal election held on November 8, 2022.

SPECIAL ORDER OF BUSINESS - CITY COUNCIL REORGANIZATION A. Presentations to Outgoing Councilmember and to Mayor B. Outgoing Councilmember's Remarks
C. Mayor's Remarks
D. Oath of Office to Newly Elected / Re-Elected Councilmembers E. Comments from Elected Councilmembers
F. Selection of New Mayor
G. Selection of New Mayor pro Tem
H. Incoming Mayor's Remarks

ADJOURNMENT FOLLOWED BY REFRESHMENTS
City Council Special Meeting 3 December 15, 2022
The City of Pacifica will provide assistance for disabled citizens upon at least 24 hours advance notice to the City Manager’s Office (650) 738-7301, or send request via email to:
[email protected] if you need sign language assistance or written material printed in a larger font or taped, advance notice is necessary. All meeting rooms are accessible to the disabled.

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

HOW TO OBTAIN CITY COUNCIL AGENDAS
Posted agendas:

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

View on the Internet:

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

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

Agendas are available at the City Council meeting

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

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

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
12/15/2022
1 SUBJECT:

Adoption of Resolution Declaring the Canvass of Returns and Results of the General Municipal Election of November 8, 2022
RECOMMENDED ACTION:

Move to adopt the resolution declaring the canvass of returns and results of the general municipal election held on November 8, 2022.

STAFF CONTACT:

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

A Consolidated General Municipal election was conducted in the City of Pacifica on November 8, 2022 for the purpose of electing one (1) member of the City Council for District 2, one (1) member of the City Council for District 3 and one (1) member of the City Council for District 5 and for the purpose of submitting two measures to the qualified electors of the City of Pacifica as required by law. The County of San Mateo Elections Department has certified the City of Pacifica's Consolidated General Municipal Election held on November 8, 2022.

The final, official results of the General Municipal Election of November 8, 2022, for election of candidates to the office of City Council Member for District 2 (full four-year term), to the office of City Council Member for District 3 (full four-year term), and to the office of City Council Member for District 5 (full four-year term) are declared and determined to be as set forth in the Certification of the San Mateo County Chief Elections Officer, attached as Exhibit “A” to the Resolution.

Elected Offices
The names of the persons voted for elected office at said municipal election for the office of City Council Member and the number of votes cast for each candidate including, as shown on the Exhibit attached hereto, are as follows:

City of Pacifica - Member, City Council, District 2
Robby Bancroft (full 4-year term) 1,063 votes
Christine Boles (full 4-year term) 1,496 votes
City of Pacifica - Member, City Council District 3
Mary K. Bier (full 4-year term) 2,527 votes
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City of Pacifica - Member, City Council District 5
Sue Beckmeyer (full 4-year term) 1,936 votes
Paul Chervatin (full 4-year term) 1,583 votes
Christine Boles (District 2), Mary K. Bier (District 3) and Sue Beckmeyer (District 5) received the highest number of votes cast for the office for which each was a candidate and are thereby declared elected to said respective City Council offices for terms ending November 2026 (full four-year term) and the City Clerk is hereby authorized to deliver to each of them a Certificate of Election and to administer the Oath of Office prescribed in the Constitution of the State of California.

Measures Submitted to Qualified Electors
Measure Y voted on at said Consolidated General Municipal Election read as follows:

Shall the measure establishing a ½ ¢ sales tax for general government use to maintain the City of Pacifica’s vital services, such as police, fire, medical 9-1-1 emergency response; keeping pollution / trash off beaches; attracting / retaining jobs/businesses; street paving; storm drain maintenance to prevent flooding; preventing coastal erosion, and generating approximately $2,600,000 annually for 9 years, with regular financial audits, independent citizens’ oversight, and requiring funds be used locally, be adopted? That the record of votes cast at said Consolidated General Municipal Election for and against Measure Y, as shown on Exhibit A attached hereto, was: 9,577 YES; and 6,554 NO; and that a majority of all votes cast on Measure Y were in favor of said measure and said measure passed.

Measure Q (Advisory Vote Only) voted on at said Consolidated General Municipal Election read as follows:

The City of Pacifica Sale and Use of Fireworks Advisory Measure. Shall the City of Pacifica amend its municipal code to prohibit the ignition, use, discharge, or sale of all State-approved “Safe and Sane” fireworks in the City of Pacifica? That the record of votes cast at said Consolidated General Municipal Election for and against Measure Q, as shown on Exhibit A attached hereto, was: 6,747 YES; and 9,015 NO; and that a majority of all votes cast on Measure G were against said measure.

The certification and canvassing of votes cast for City of Pacifica General Municipal Election of November 8, 2022 were received by the City of Pacifica City Clerk from the San Mateo County Chief Elections Officer and are attached with the Resolution as Exhibit A.

FISCAL IMPACT:

None associated with certification of election.

ORIGINATED BY:
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City Clerk
ATTACHMENT LIST:

Exhibit A: Certified Election Results - City Of Pacifica - November 8, 2022 Election (PDF) 1 Packet Pg. 6
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RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA DECLARING THE

CANVASS OF RETURNS AND RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022
WHEREAS, a consolidated General Municipal Election was held and conducted in the City of Pacifica on the 8th day of November, 2022, as required by law; and WHEREAS, the election of candidates to the following seats: Member of City Council - District 2 (one seat) for a full term of four years, Member of City Council - District 3 (one seat) for a full term of four years, and Member of City Council - District 5 (one seat) for a full term of four years were placed on the November 8, 2022 Official Ballot; and WHEREAS, two local measures were placed on the November 8, 2022 Official Ballot for the City of Pacifica; and
WHEREAS, notice of the election was given in time, form and manner provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns were made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, California Elections Code provides that for a consolidated election, the City Clerk, upon receipt of the results of the election from the elections official conducting the election, shall certify the results to the governing body; and WHEREAS, on December 9, 2022, Mark Church, Chief Elections Officer & AssessorCounty Clerk-Recorder, caused to be filed with the City Clerk of the City of Pacifica the final certification in connection with the subject election which includes the record of votes from the canvass of all ballots cast at said General Municipal Election; and WHEREAS, a copy of the final Certification is attached hereto as “Exhibit A” and incorporated herein by reference; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFICA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the whole number of votes cast in the City of Pacifica District 2 was 2,834; the whole number of votes cast in the City of Pacifica District 3 was 3,609; the whole number of votes cast in the City of Pacifica District 5 was 3,872; the whole number of votes cast for Measures submitted to the qualified electors in the City of Pacifica was 16,678 as set forth in “Exhibit A”.

SECTION 2. That the names of the persons voted for at said municipal election for the offices indicated and the total number of votes given in the indicated District in the City of 1 Packet Pg. 7
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Pacifica to each candidate, as shown on “Exhibit A”, are as follows:

Member, City Council, District 2:

Robby Bancroft 1,063 votes
Christine Boles 1,496 votes
Member, City Council District 3:

Mary K. Bier 2,527 votes
Member, City Council District 5:

Sue Beckmeyer 1,936 votes
Paul Chervatin 1,583 votes
That the Measures voted upon at said municipal election are as follows:

Measure Y voted on at said General Municipal Election read as follows:
“Shall the measure establishing a ½ ¢ sales tax for general government use to maintain the City of Pacifica’s vital services, such as police, fire, medical 9-1-1 emergency response; keeping pollution / trash off beaches; attracting / retaining jobs/businesses; street paving; storm drain maintenance to prevent flooding; preventing coastal erosion, and generating approximately $2,600,000 annually for 9 years, with regular financial audits, independent citizens’ oversight, and requiring funds be used locally, be adopted?”
That the record of votes cast at said General Municipal Election for and against Measure Y, as shown on Exhibit A attached hereto, was: 9,577 YES; and 6,554 NO; and that a majority of all votes cast on Measure Y were in favor of said measure and said measure passed.

Measure Q voted on at said General Municipal Election read as follows:
(Advisory Vote Only) The City of Pacifica Sale and Use of Fireworks Advisory Measure.

Shall the City of Pacifica amend its municipal code to prohibit the ignition, use, discharge, or sale of all State-approved “Safe and Sane” fireworks in the City of Pacifica?
That the record of votes cast at said Consolidated General Municipal Election for and against Measure Q, as shown on Exhibit A attached hereto, was: 6,747 YES; and 9,015 NO; and that a majority of all votes cast on Measure G were against said measure.

SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates is provided as set forth in “Exhibit A”.

SECTION 4. The City Council does declare and determine that Christine Boles, Mary K.

Bier and Sue Beckmeyer received the highest number of votes cast for the office for which each was a candidate and are thereby declared elected to said respective City Council offices for terms ending November 2026 (full four-year term).
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SECTION 5. The City Clerk shall enter on the records of the City Council of the City of Pacifica, a statement of the result of the election in conformance with this Resolution showing:
(1) The whole number of votes cast in each District in the City for which the election of an eligible office was conducted and whole number of votes cast in the City; (2) the names of the persons voted for; (3) the measures voted upon; (4) for what office each person was voted for; (5) the number of votes given at each precinct to each person, and for and against each measure; and (6) the total number of votes given to each person, and for and against each measure.

SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that to each person elected the Oath of Office shall be administered as prescribed in the Constitution of the State of California; and that each and all of the persons so elected shall be inducted into the respective office to which they have been elected.

SECTION 7. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
• • • • •
PASSED AND ADOPTED at a special meeting of the City Council of the City of Pacifica, California, held on the 15th day of December 2022 by the following vote of the members thereof:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
____________________________
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 1 Packet Pg. 9
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EXHIBIT A
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Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 8, 2022 Election (5225 : Resolution - Declaring Canvass of

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