Agenda — Pacifica City Council, January 9, 2023 (part 1 of 2)

CITY OF PACIFICA

CITY COUNCIL AGENDA
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Tygarjas Bigstyck
Mayor pro Tem Sue Vaterlaus
Councilmember Sue Beckmeyer
Councilmember Mary Bier
Councilmember Christine Boles
City Council Regular Meeting 1 January 09, 2023
January 09, 2023 (MONDAY)
www.cityofpacifica.org
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** NOTE: Meeting format may transition from in-person to fully teleconferenced meeting via Zoom subject to severe weather conditions. For updates on meeting access, please visit the City of Pacifica website at www.cityofpacifica.org
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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:
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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
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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 City Council Regular Meeting 2 January 09, 2023
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. 7:00 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 Mayor Bigstyck

SPECIAL PRESENTATIONS
A. Proclamation - Michael Perez
B. Proclamation - Paul Lavorini
C. Proclamation - Sergeant Dominic Albanese

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. Approval of Disbursements for Dated 11/01/22 through 11/15/22.

PROPOSED ACTION: Move to approve attached lists of disbursements for 11/01/22 through 11/15/22.

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Regular and Special Meeting held on December 12, 2022, and the City Council Special Meeting held on December 15, 2022.

City Council Regular Meeting 3 January 09, 2023

3. Ratification of Proclamation of Local Emergency related to December/January Winter Storm Events
PROPOSED ACTION: Adopt a Resolution ratifying the Proclamation of Local Emergency related to December/January Winter Storm Events by the City Manager acting as Director of Emergency Services issued on January 4, 2023.

4. Continuation of Proclamation of Local Emergency of the Pacifica Coastline 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

5. 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.

6. Continuation of Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”).

PROPOSED ACTION: Accept report and make determination that conditions of local emergency continue to exist regarding Novel (new) Coronavirus ("COVID-19").

7. 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.

8. Consideration of Resolution Authorizing City Manager to Execute Agreements with California Department of Tax and Fee Administration (CDTFA) to set up, administer and operate the City of Pacifica Transactions and Use Tax Ordinance, and Resolution Authorizing HDL Companies to Examine Confidential Tax Information for Purposes of Audit
PROPOSED ACTION: Consider and Approve the Agreements and Adopt the Resolutions to allow the California Department of Tax and Fee Administration (CDTFA) to administer and operate the City's Transactions and Use Tax Ordinance and adopt resolution authorizing HDL Companies to access confidential sales or transactions and use tax records for purposes of auditing.

9. Quarterly Financial Report for the Quarter ending September 30, 2022.

PROPOSED ACTION: Review and accept the Quarterly Financial Report for the Quarter ending September 30, 2022.

10. Quarterly Treasurer’s Reports for the quarter ending September 30, 2022.

PROPOSED ACTION: Review and accept the Quarterly Treasurer’s Reports for the quarter ending September 30, 2022.

City Council Regular Meeting 4 January 09, 2023

11. Notice of Completion for the Pacifica Public Works New Office 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 Notice of Completion for the Pacifica Public Works New Office Project; and Authorize the City Manager to release the retention funds to the contractor.

12. Esplanade Ave. and Palmetto Ave. Bicycle & Pedestrian Improvement Project - Amendment 1 - Fehr & Peers
PROPOSED ACTION: Adopt a Resolution Authorizing Amendment 1 to Task Order 1 (Attachment 1) between the City of Pacifica and Fehr & Peers design services for the Esplanade Ave. and Palmetto Ave. Bicycle & Pedestrian Improvement Project in the amount of $17,500 bringing the total task order to $57,000; and authorize the City Manager to execute said task order.

13. Approval of City Vehicle Replacement Purchases Phase 1 for FY 2022-23 PROPOSED ACTION:

Approve the following actions for the City Vehicle Replacement Purchases Phase 1 for Fiscal Year 2022-2023:

A. Approve Purchase Agreements with the following:
• Elk Grove Auto/Winner Chevrolet of Elk Grove, CA for the purchase of two (2) 2023 Dodge Durango in the amount of $96,606.56 (Attachment 1) • PB Loader Corporation of Fresno, CA for the purchase of one (1) 2024 Freightliner 10-wheel dump truck in the amount of $210,029.69 (Attachment 2) • Vac-Con of Green Cover Springs, FL for the purchase of one (1) Vac-Con G2 VT310LHAE/1300 in the amount of $618,859.61 (Attachment 3) • Deere & Company of Cary, NC for the purchase of one (1) John Deere 1600 turbo wide area mower in the amount of $89,287.07 (Attachment 4) • Pape Machinery of Eugene, OR for the purchase of one (1) 410 P-Tier Backhoe Loader in the amount of $196,623.44 (Attachment 5)
• Towne Ford of Redwood City, CA for the purchase of four (4) 2023 Ford PD Utility SUV in the amount of $208,594.93 (Attachment 6) • Clark Equipment Co. dba Bobcat Company of West Fargo, ND for the purchase of one (1) Bobcat UW56 in the amount of $68,996.63 (Attachment 7) B. Adopt the Resolution to Approve Agreements For the Purchase of City Replacement Vehicles Phase 1 for Fiscal Year 2022-2023 totaling $1,488,997.93; and C. Authorize the City Manager to execute all documents related to these agreements.

14. Fourth Amendment to Consultant Services Agreement for On-Call Planning Services Between the City of Pacifica and Consulting Firm Good City Company PROPOSED ACTION: Move to adopt the attached resolution to approve the Fourth Amendment to the Agreement for Consultant Services between the City of Pacifica and Good City Company, by increasing the contract amount by $140,000 with a total not to exceed amount of $460,000 and, to authorize the City Manager to execute the amendment.

15. First Amendment to Consultant Services Agreement for On-Call Environmental Review Services Between the City of Pacifica and Consulting Firm Rincon Consultants Inc.

City Council Regular Meeting 5 January 09, 2023
PROPOSED ACTION: Move to adopt the attached resolution to approve the First Amendment to the Master Agreement for Consultant Services between the City of Pacifica and Rincon Consultants Inc., by increasing the contract amount by $177,203 with a total not to exceed amount of $227,203, and to authorize the City Manager to execute the amendment.

16. Authorize the Mayor to Sign a Letter Urging State Legislators to Amend AB 2449 PROPOSED ACTION: Authorize the Mayor, on behalf of the City Council, to sign on to the enclosed letter from the City of San Carlos, urging State legislators to amend AB 2449.

ORAL COMMUNICATIONS
This portion of the Agenda is available for the public to address the City Council on any issue that is not on the Agenda. Any person wishing to address the Council shall be recognized by the Mayor during Oral Communications, provided, however, that during the Oral Communications portion of the agenda, only items not on the agenda for that meeting may be addressed. All remarks shall be addressed to the Council as a body and not to any member thereof. Councilmembers shall not enter into debate with speakers under Oral Communications. A maximum time of three minutes will be allowed for any speaker. Pursuant to Pacifica Municipal Code Title 2, Chapter 1, Section 2-1.118 any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the presiding officer and, if such conduct continues, may, at the direction of the presiding officer, be ordered barred from further audience before the Council during the meeting.

COUNCIL COMMUNICATIONS
The purpose of Council Communications is for Councilmembers to inform each other of items of potential interest to other Councilmembers, such as interagency meetings.

STAFF COMMUNICATIONS
The purpose of Staff Communications is for the City Manager to offer announcements as appropriate.

PUBLIC HEARINGS - NONE

CONSIDERATION

17. 2023 City Council Liaison and Committee Assignments PROPOSED ACTION: Review the list of City Council Liaison and Committee Assignments, make any modifications for the calendar year 2023, and approve the final list.

ADJOURN
NOTICE: If you challenge a city's zoning, planning or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any city administrative decision may be had only if a petition is filed City Council Regular Meeting 6 January 09, 2023
with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for litigation, in certain cases 30 days following the date of the final decision 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 online 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 Marc Berman, 721 Colorado Ave, Suite 101, Palo Alto CA 94303 (650) 324-0224 • Congresswoman Anna Eshoo, 698 Emerson Street, Palo Alto CA 94301 (650) 323-2984 • 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 Tygarjas Bigstyck, tbigstyck@ pacifica.gov
• Mayor pro Tem Sue Vaterlaus, [email protected]
• Councilmember Sue Beckmeyer, [email protected]
• Councilmember Mary Bier, [email protected]
• Councilmember Christine Boles, [email protected]

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Approval of Disbursements for Dated 11/01/22 through 11/15/22.

RECOMMENDED ACTION:

Move to approve attached lists of disbursements for 11/01/22 through 11/15/22.

STAFF CONTACT:

Lucy Xie, Deputy Finance Director
(650) 738-7395
[email protected]
BACKGROUND/DISCUSSION:

Staff has submitted the following disbursements for Council approval:
• Disbursements dated 11/01/22 through 11/15/22 in the amount of $1,718,110.66 as written on regular checks numbered 62474-62667 (Attachment 1). These disbursements are for Fiscal Year 2022-2023.

FISCAL IMPACT:

These disbursements are within budgeted appropriations.

ORIGINATED BY:

Finance Department
ATTACHMENT LIST:

FY 2022-2023 Disbursements 62474-62667 - 11-1 to 11-15-22 (PDF) 1 Packet Pg. 7
Report: CHECKREG Generated: 18DEC20 13:17 Run: THURSDAY DEC0122 7:54 Page: 1

REPORT PARAMETERS
---------------------------
ORGANIZATION : 001
BANK : 1
PRINT BY : CHECK #
SORT OPTION : CHECK #
PRINT DETAILS : N
ORG NAME FOR EXTRACT FILE : PACIFICA
Report: CHECKREG Generated: 18DEC20 13:17 Run: THURSDAY DEC0122 7:54 Page: 2

CITY OF PACIFICA

CHECK REGISTER
CHECK RANGE: 62474 - 62667
CHECK
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME TYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------ 1 62474 $60984.00 11/01/22 01771 0 TEAMSTERS LOCAL 856 S OUTSTANDING 1 62475 $233.98 11/04/22 00092 0 AD BRAKES S OUTSTANDING 1 62476 $420.59 11/04/22 00094 0 ADAM-HILL COMPANY, THE S OUTSTANDING 1 62477 $614.43 11/04/22 00045 2 ALBERTSONS / SAFEWAY S OUTSTANDING 1 62478 $57.90 11/04/22 05514 0 ALICE GARIBALDI S OUTSTANDING 1 62479 $669.00 11/04/22 00686 2 ALLIANT INSURANCE SERVICES, INC. S OUTSTANDING 1 62480 $595.95 11/04/22 04980 1 AMAZON.COM SALES, INC. S OUTSTANDING 1 62481 $14500.00 11/04/22 05718 0 ANNA XIE AND VINCENT TONG S OUTSTANDING 1 62482 $4778.74 11/04/22 00217 3 ASSOCIATION OF BAY AREA GOVERNMENTS S OUTSTANDING 1 62483 $291.61 11/04/22 00009 2 AT&T MOBILITY S OUTSTANDING 1 62484 $200.00 11/04/22 04561 0 AVINA, ANGEL S OUTSTANDING 1 62485 $500.00 11/04/22 05716 0 AVRAM FRANKEL S OUTSTANDING 1 62486 $771.55 11/04/22 00001 343 BLACKBURN, CODY S OUTSTANDING 1 62487 $127.97 11/04/22 00335 0 BLUE RIBBON SUPPLY COMPANY S OUTSTANDING 1 62488 $44440.80 11/04/22 02502 0 BURKE WILLIAMS AND SORENSEN LLP S OUTSTANDING 1 62489 $312.00 11/04/22 00011 0 C.W.E.A. S OUTSTANDING 1 62490 $191.00 11/04/22 01690 0 CALTEST ANALYTICAL LAB S OUTSTANDING 1 62491 $2058.02 11/04/22 00507 0 CHILDCARE CAREERS S OUTSTANDING 1 62492 $893.76 11/04/22 00510 1 CINTAS S OUTSTANDING
1 62493 $1157.47 11/04/22 00510 0 CINTAS CORPORATION #464 S OUTSTANDING 1 62494 $1753.11 11/04/22 02822 0 CITY AUTO SUPPLY S OUTSTANDING 1 62495 $72.00 11/04/22 00300 1 CITY OF BELMONT S OUTSTANDING 1 62496 $301.00 11/04/22 05082 0 COASTSIDE NEWS GROUP, INC. S OUTSTANDING 1 62497 $5626.55 11/04/22 04446 0 COLORPRINT S OUTSTANDING 1 62498 $4356.00 11/04/22 05082 1 COLUMN, PBC S OUTSTANDING 1 62499 $2793.25 11/04/22 00595 0 COTTON, SHIRES & ASSOCIATES, INC. S OUTSTANDING 1 62500 $9785.04 11/04/22 00611 2 CSG CONSULTANTS, INC. S OUTSTANDING 1 62501 $41.53 11/04/22 00622 0 CURTIS & SONS, L.N. S OUTSTANDING 1 62502 $257704.12 11/04/22 03121 0 D.W. NICHOLSON CORPORTATION S OUTSTANDING 1 62503 $35.00 11/04/22 00001 367 DART, MEADOW S OUTSTANDING 1 62504 $1222.50 11/04/22 02130 1 DRYCO CONSTRUCTION, INC. S OUTSTANDING 1 62505 $3980.16 11/04/22 05541 0 ECO-COMPTERU INC. S OUTSTANDING 1 62506 $8609.30 11/04/22 03458 0 EOA INC S OUTSTANDING 1 62507 $900.00 11/04/22 04814 0 FLEXIM AMERICAS CORPORATION S OUTSTANDING 1 62508 $93.21 11/04/22 02767 0 FLYERS ENERGY, LLC S OUTSTANDING 1 62509 $2227.50 11/04/22 05722 0 GALLAGHER RENTALS INC. S OUTSTANDING 1 62510 $5012.50 11/04/22 04369 0 GHD INC. S OUTSTANDING 1 62511 $50.00 11/04/22 03823 0 GIBSON, EUGENE S OUTSTANDING 1 62512 $101.56 11/04/22 00872 0 GRAINGER S OUTSTANDING 1 62513 $29788.72 11/04/22 03616 0 GROUP 4 ARCHITECTURE RESEARCH PLANNING INC S OUTSTANDING 1 62514 $4000.87 11/04/22 00927 2 HDL COREN & CONE S OUTSTANDING 1 62515 $6542.88 11/04/22 00919 1 HERC RENTALS INC. S OUTSTANDING 1 62516 $7117.02 11/04/22 05697 0 INTERFACE AMERICAS, INC. S OUTSTANDING 1 62517 $2000.00 11/04/22 05727 0 JERROLD STOKE S OUTSTANDING 1 62518 $86427.14 11/04/22 02113 0 JM SQUARED ASSOCIATES, INC. S OUTSTANDING 1 62519 $58.50 11/04/22 05532 0 JOAN ARTHUR S OUTSTANDING 1 62520 $219.40 11/04/22 01014 0 JOHN THE SIGN GUY LLC S OUTSTANDING 1 62521 $110.18 11/04/22 03700 0 KIMBALL MIDWEST S OUTSTANDING 1 62522 $2280.48 11/04/22 01070 0 LAURETTA PRINTING COMPANY S OUTSTANDING 1 62523 $500.00 11/04/22 05721 0 LEE DAVID VILENSKY S OUTSTANDING 1 62524 $114332.28 11/04/22 05424 0 LIFFEY ELECTRIC, INC. S OUTSTANDING Report: CHECKREG Generated: 18DEC20 13:17 Run: THURSDAY DEC0122 7:54 Page: 3

CITY OF PACIFICA

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1.a
Packet Pg. 8
Attachment: FY 2022-2023 Disbursements 62474-62667 - 11-1 to 11-15-22 (5208 : Disbursements - Dated 11/01/22 through 11/15/22) 1 62530 $12370.94 11/04/22 03782 0 PRIORITY 1 PUBLIC SAFETY EQUIPMENT S OUTSTANDING 1 62531 $225.02 11/04/22 01336 0 QUILL CORPORATION S OUTSTANDING 1 62532 $780.24 11/04/22 05689 0 ROADWAY STEEL & FABRICATION, INC. S OUTSTANDING 1 62533 $2920.00 11/04/22 03306 1 ROBERT HALF MANAGEMENT RESOURCES S OUTSTANDING 1 62534 $1067.40 11/04/22 03720 0 SAN MATEO DAILY JOURNAL S OUTSTANDING 1 62535 $51.47 11/04/22 01423 0 SAN MATEO LAWN MOWER SHOP S OUTSTANDING 1 62536 $13650.00 11/04/22 02615 0 SEAN'S QUALITY FLOORS S OUTSTANDING 1 62537 $1370.64 11/04/22 01450 0 SEAVIEW TIRE & BRAKE CENTER S OUTSTANDING 1 62538 $1774.30 11/04/22 05465 0 SIGILLO SUPPLY, INC. S OUTSTANDING 1 62539 $131.13 11/04/22 00002 35 SOLIS, ELIZABETH ( PETTY CASH ) S OUTSTANDING 1 62540 $106.29 11/04/22 01534 1 STANDARD PLUMBING SUPPLY CO. S OUTSTANDING 1 62541 $400.00 11/04/22 05723 0 STANLEY ERHART S OUTSTANDING 1 62542 $3025.00 11/04/22 02017 0 STATE LANDS COMMISSION S OUTSTANDING 1 62543 $48711.63 11/04/22 02880 0 TOWNE FORD S OUTSTANDING 1 62544 $1258.65 11/04/22 04271 0 TRAFFIC AND PARKING CONTROL CO, INC S OUTSTANDING 1 62545 $54365.59 11/04/22 01635 0 TROJAN TECHNOLOGIES, INC. S OUTSTANDING 1 62546 $9290.36 11/04/22 04670 0 U.S. TELEPACIFIC CORP. S OUTSTANDING 1 62547 $917.15 11/04/22 01656 1 UNITED SITE SERVICES OF CA, INC. S OUTSTANDING 1 62548 $2183.21 11/04/22 01663 0 URBAN FARMER STORE, THE S OUTSTANDING 1 62549 $2827.70 11/04/22 03835 0 US FOODS, INC S OUTSTANDING 1 62550 $5158.97 11/04/22 01684 0 VERIZON WIRELESS S OUTSTANDING 1 62551 $36519.40 11/04/22 02679 0 WESTERN TRUCK FAB S OUTSTANDING 1 62552 $2500.00 11/04/22 05729 0 WILLIAM AND CHRISTINE MAXWELL S OUTSTANDING 1 62553 $1037.97 11/04/22 04999 1 XEROX FINANCIAL SERVICES S OUTSTANDING 1 62554 $59.67 11/04/22 00001 363 YEUNG, CHRISTIE S OUTSTANDING 1 62555 $204688.58 11/09/22 05711 1 KAHANA & FELD LLP CLIENT TRUST ACCOUNT S OUTSTANDING 1 62556 $200.25 11/10/22 00092 0 AD BRAKES S OUTSTANDING 1 62557 $146.92 11/10/22 00094 0 ADAM-HILL COMPANY, THE S OUTSTANDING 1 62558 $29.50 11/10/22 00136 0 ALHAMBRA S OUTSTANDING
1 62559 $8.52 11/10/22 00138 0 ALL INDUSTRIAL ELECTRIC SUPPLY, INC. S OUTSTANDING 1 62560 $1313.09 11/10/22 04980 1 AMAZON.COM SALES, INC. S OUTSTANDING 1 62561 $97.00 11/10/22 05556 0 AMERICAN DEBRIS BOX SERVICE INC. S OUTSTANDING 1 62562 $2590.00 11/10/22 05730 1 AMERICAN TRAINCO LLC S OUTSTANDING 1 62563 $57.58 11/10/22 05005 0 AMERICAN TRANSIT SUPPLY S OUTSTANDING 1 62564 $1448.80 11/10/22 00225 0 ATCO INTERNATIONAL S OUTSTANDING 1 62565 $299.55 11/10/22 00001 356 BARRANTI, ALYSSA S OUTSTANDING 1 62566 $256.58 11/10/22 03402 1 BSN SPORTS, LLC S OUTSTANDING 1 62567 $13898.56 11/10/22 02502 0 BURKE WILLIAMS AND SORENSEN LLP S OUTSTANDING 1 62568 $282.19 11/10/22 00381 0 C.H. BULL COMPANY S OUTSTANDING 1 62569 $416.00 11/10/22 00011 0 C.W.E.A. S OUTSTANDING 1 62570 $95.49 11/10/22 00454 1 CAL-STEAM INC.#2504 S OUTSTANDING 1 62571 $4950.00 11/10/22 05483 0 CALIFORNIA CONSULTING, INC. S OUTSTANDING 1 62572 $2540.00 11/10/22 00421 0 CALIFORNIA DIESEL & POWER S OUTSTANDING 1 62573 $3617.52 11/10/22 04078 0 CALLYO 2009 CORP S OUTSTANDING 1 62574 $2441.00 11/10/22 03814 1 CAPPSTONE, INC. S OUTSTANDING 1 62575 $22697.10 11/10/22 05519 1 CARDIO PARTNERS INC. S OUTSTANDING Report: CHECKREG Generated: 18DEC20 13:17 Run: THURSDAY DEC0122 7:54 Page: 4

CITY OF PACIFICA

CHECK REGISTER
CHECK RANGE: 62474 - 62667
CHECK
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME TYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------ 1 62576 $75287.50 11/10/22 03745 0 CASEY CONSTRUCTION, INC S OUTSTANDING 1 62577 $1396.20 11/10/22 00507 0 CHILDCARE CAREERS S OUTSTANDING 1 62578 $669.04 11/10/22 00510 0 CINTAS CORPORATION #464 S OUTSTANDING 1 62579 $588.96 11/10/22 02822 0 CITY AUTO SUPPLY S OUTSTANDING 1 62580 $474.00 11/10/22 05296 0 CLAIRE BREES S OUTSTANDING 1 62581 $330.00 11/10/22 05082 1 COLUMN, PBC S OUTSTANDING 1 62582 $698.16 11/10/22 02168 1 COMCAST S OUTSTANDING
1 62583 $965.00 11/10/22 03344 0 COPWARE, INC S OUTSTANDING 1 62584 $13698.96 11/10/22 00025 0 DALY CITY/CITY OF S OUTSTANDING 1 62585 $4500.00 11/10/22 00645 0 DAVEY TREE EXPERT COMPANY S OUTSTANDING 1 62586 $1230.25 11/10/22 02130 1 DRYCO CONSTRUCTION, INC. S OUTSTANDING 1 62587 $109.95 11/10/22 00489 0 ENTERSECT S OUTSTANDING 1 62588 $3125.28 11/10/22 03469 0 EVANTEC CORPORATION S OUTSTANDING 1 62589 $14.00 11/10/22 03047 0 FASTRAK VIOLATION PROCESSING DEPARTMENT S OUTSTANDING 1 62590 $5606.69 11/10/22 02767 0 FLYERS ENERGY, LLC S OUTSTANDING 1 62591 $100.00 11/10/22 05394 0 GAIL EDWARDS S OUTSTANDING 1 62592 $328.13 11/10/22 02213 0 GARRATT CALLAHAN S OUTSTANDING 1 62593 $78.00 11/10/22 03804 0 GODSOE, LIZ S OUTSTANDING 1 62594 $174.93 11/10/22 00870 0 GOVCONNECTION, INC. S OUTSTANDING 1 62595 $397.07 11/10/22 00872 0 GRAINGER S OUTSTANDING 1 62596 $750.00 11/10/22 03947 1 GRANICUS, INC. S OUTSTANDING 1 62597 $12249.00 11/10/22 00936 0 HEART OF SAN MATEO COUNTY S OUTSTANDING 1 62598 $202.00 11/10/22 04494 0 ISIDRO, ALLEN S OUTSTANDING 1 62599 $9681.92 11/10/22 05688 0 JK SOUND, INC S OUTSTANDING 1 62600 $109.66 11/10/22 01812 4 KBA DOCUSYS S OUTSTANDING 1 62601 $327.01 11/10/22 03700 0 KIMBALL MIDWEST S OUTSTANDING 1 62602 $563.48 11/10/22 01055 2 KONE INC S OUTSTANDING 1 62603 $16402.12 11/10/22 02166 0 KUBWATER RESOURCES, INC. S OUTSTANDING 1 62604 $105914.55 11/10/22 05424 0 LIFFEY ELECTRIC, INC. S OUTSTANDING 1 62605 $2364.00 11/10/22 05731 0 MAY KIYOTANI S OUTSTANDING 1 62606 $29965.00 11/10/22 03790 0 MAZE & ASSOCIATES S OUTSTANDING 1 62607 $757.48 11/10/22 04549 0 NAF SERVICES, INC. S OUTSTANDING 1 62608 $440.00 11/10/22 03801 0 NAPIER, NORA S OUTSTANDING 1 62609 $2722.59 11/10/22 05018 0 NICK BARBIERI TRUCKING, LLC S OUTSTANDING 1 62610 $1682.51 11/10/22 02283 0 NORCAL SOUND CO INC S OUTSTANDING 1 62611 $302.96 11/10/22 03532 0 O'NEILL, MIKE S OUTSTANDING 1 62612 $36.66 11/10/22 01217 0 OFFICE DEPOT S OUTSTANDING 1 62613 $40.00 11/10/22 03803 0 ORTEGA, SHIRLEY S OUTSTANDING 1 62614 $331.99 11/10/22 00327 0 PACIFICA AUTOMATIC TRANSMISSION SHOP S OUTSTANDING

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Attachment: FY 2022-2023 Disbursements 62474-62667 - 11-1 to 11-15-22 (5208 : Disbursements - Dated 11/01/22 through 11/15/22) 1 62615 $32896.51 11/10/22 01250 0 PACIFICA COMMUNITY TELEVISION S OUTSTANDING 1 62616 $49550.00 11/10/22 01250 0 PACIFICA COMMUNITY TELEVISION S OUTSTANDING 1 62617 $13104.00 11/10/22 01261 0 PACIFICA SCHOOL DISTRICT S OUTSTANDING 1 62618 $120.00 11/10/22 03802 0 PATINO, JOE S OUTSTANDING 1 62619 $59882.00 11/10/22 01295 3 PETERSON POWER SYSTEMS INC. S OUTSTANDING 1 62620 $56.00 11/10/22 02539 0 PITTSINGER, R JANE S OUTSTANDING 1 62621 $3514.57 11/10/22 04863 0 POWERDMS, INC. S OUTSTANDING 1 62622 $523.21 11/10/22 01317 0 PREFERRED ALLIANCE, INC. S OUTSTANDING 1 62623 $800.00 11/10/22 03160 0 PUBLIC PARKING ASSOCIATES, INC. S OUTSTANDING 1 62624 $2910.00 11/10/22 01329 0 PUMP REPAIR SERVICE CO., INC. S OUTSTANDING 1 62625 $1272.80 11/10/22 00055 0 SAN MATEO COUNTY FORENSIC LAB S OUTSTANDING 1 62626 $15662.04 11/10/22 05690 1 SCA OF CA, LLC S OUTSTANDING Report: CHECKREG Generated: 18DEC20 13:17 Run: THURSDAY DEC0122 7:54 Page: 5

CITY OF PACIFICA

CHECK REGISTER
CHECK RANGE: 62474 - 62667
CHECK
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME TYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------ 1 62627 $5790.42 11/10/22 05709 0 SCP DISTRIBUTORS LLC S OUTSTANDING 1 62628 $1200.00 11/10/22 01501 1 SMELLY MEL'S PLUMBING S OUTSTANDING 1 62629 $239.00 11/10/22 05576 0 STEVE KWON S OUTSTANDING 1 62630 $70.00 11/10/22 05524 0 STEVEN MICHAEL EVANS JR S OUTSTANDING 1 62631 $10903.57 11/10/22 01570 0 SYNAGRO WEST, LLC S OUTSTANDING 1 62632 $639.39 11/10/22 02642 2 T-MOBILE CORPORATION S OUTSTANDING 1 62633 $2019.37 11/10/22 04299 0 THE GOODYEAR TIRE & RUBBER COMPANY S OUTSTANDING 1 62634 $170.20 11/10/22 01599 0 THOMAS FISH COMPANY S OUTSTANDING 1 62635 $6700.00 11/10/22 03457 0 U.S. BANK S OUTSTANDING 1 62636 $281.95 11/10/22 04418 1 U.S. BANK EQUIPMENT FINANCING, INC. S OUTSTANDING 1 62637 $26.32 11/10/22 02663 0 UNDERWOOD, EILEEN S OUTSTANDING 1 62638 $3390.33 11/10/22 01656 1 UNITED SITE SERVICES OF CA, INC. S OUTSTANDING 1 62639 $3641.57 11/10/22 03835 0 US FOODS, INC S OUTSTANDING 1 62640 $391.25 11/10/22 01667 0 USA BLUE BOOK S OUTSTANDING 1 62641 $1757.48 11/10/22 01684 0 VERIZON WIRELESS S OUTSTANDING 1 62642 $4360.29 11/10/22 01701 0 WECO INDUSTRIES S OUTSTANDING 1 62643 $829.31 11/10/22 01707 0 WEST COAST CONTRACTORS SERVICES S OUTSTANDING 1 62644 $348.90 11/10/22 01751 0 ZUMAR INDUSTRIES, INC. S OUTSTANDING 1 62645 $348.40 11/10/22 05469 0 BCC BENEFIT COORDINATORS CORPORATION S OUTSTANDING 1 62646 $6973.49 11/10/22 05469 0 BCC BENEFIT COORDINATORS CORPORATION S OUTSTANDING 1 62647 $9000.48 11/10/22 03741 0 BENEFIT COORDINATORS CORPORATION S OUTSTANDING 1 62648 $29.50 11/10/22 01757 1 CALIFORNIA ASSN OF PROFESSIONAL FIREFIGHTERS S OUTSTANDING 1 62649 $242.76 11/10/22 00814 1 CALIFORNIA STATE DISBURSEMENT UNIT S OUTSTANDING 1 62650 $192.00 11/10/22 00814 1 CALIFORNIA STATE DISBURSEMENT UNIT S OUTSTANDING 1 62651 $756.00 11/10/22 01757 0 CLEA S OUTSTANDING
1 62652 $50.00 11/10/22 00814 0 FRANCHISE TAX BOARD S OUTSTANDING 1 62653 $350.00 11/10/22 00814 0 FRANCHISE TAX BOARD S OUTSTANDING 1 62654 $562.66 11/10/22 00814 0 FRANCHISE TAX BOARD S OUTSTANDING 1 62655 $100.00 11/10/22 00814 0 FRANCHISE TAX BOARD S OUTSTANDING 1 62656 $110.00 11/10/22 00814 0 FRANCHISE TAX BOARD S OUTSTANDING 1 62657 $838.60 11/10/22 01758 1 PACIFICA FIREFIGHTERS UNION S OUTSTANDING 1 62658 $800.00 11/10/22 01759 0 PACIFICA POLICE OFFICERS ASSOCIATION S OUTSTANDING 1 62659 $200.00 11/10/22 01760 0 PACIFICA POLICE OFFICERS SAVINGS S OUTSTANDING 1 62660 $420.00 11/10/22 01769 0 PACIFICA POLICE SUPERVISORS ASSOCIATION S OUTSTANDING 1 62661 $1401.16 11/10/22 01758 5 SMC FIREFIGHTERS IAFF Local 2400 S OUTSTANDING 1 62662 $92.00 11/10/22 01758 4 SMC FIREFIGHTERS PAC S OUTSTANDING 1 62663 $756.00 11/10/22 01768 0 TEAMSTERS LOCAL #350 S OUTSTANDING 1 62664 $2662.00 11/10/22 01764 0 TEAMSTERS LOCAL #856 S OUTSTANDING 1 62665 $17.32 11/10/22 01766 0 VISION SERVICE PLAN-CA S OUTSTANDING 1 62666 $3264.22 11/10/22 01766 0 VISION SERVICE PLAN-CA S OUTSTANDING 1 62667 $100.00 11/10/22 04824 0 YAKOV PUHACHEVSKY S OUTSTANDING TOTAL # OF ISSUED CHECKS: 194 TOTAL AMOUNT: 1,718,110.66 TOTAL # OF WIRES: 0 TOTAL AMOUNT: 0.00
TOTAL # OF VOIDED/REISSUED/UNCLAIMED CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF ACH CHECKS: 0 TOTAL AMOUNT: 0.00
TOTAL # OF UNISSUED CHECKS: 0
Report: CHECKREG Generated: 18DEC20 13:17 Run: THURSDAY DEC0122 7:54 Page: 6

FUND TOTALS
-----------

FUND FUND NAME ISSUED TOTAL VOIDED/REISSUED TOTAL
------ ------------------------------ --------------- ---------------------- 001 GENERAL FUND 439,094.72 0.00
007 S.L.E.S. FUND 22,697.10 0.00
010 GAS TAX MAINTENANCE FUND 18,516.44 0.00
012 HIGHWAY 1 IMPROVEMENT FUND 76.01 0.00
016 NPDES STORMWATER FUND 8,609.30 0.00
018 SEWER CHARGE FUND 116,469.05 0.00
022 GENERAL CAPITAL IMPROVEMENT 56,768.10 0.00
027 PB&R - R DAVIES TRUST 348.90 0.00
034 SEWER FACILITY CONSTRUCT. FUND 912,127.51 0.00
035 BEACH PARKING FUND 927.97 0.00
038 DISASTER ACCOUNTING FUND 7,805.75 0.00
040 DEBT SERVICE FUND 6,700.00 0.00

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Attachment: FY 2022-2023 Disbursements 62474-62667 - 11-1 to 11-15-22 (5208 : Disbursements - Dated 11/01/22 through 11/15/22) 065 SELF-FUNDED DENTAL PLAN FUND 11,577.21 0.00
071 MOTOR POOL OPERATIONS FUND 55,310.03 0.00
072 MOTOR POOL REPLACEMENT FUND 61,082.57 0.00
================ ================
TOTAL - 1,718,110.66 0.00

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Attachment: FY 2022-2023 Disbursements 62474-62667 - 11-1 to 11-15-22 (5208 : Disbursements - Dated 11/01/22 through 11/15/22)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Approval of Minutes
RECOMMENDED ACTION:

Move to approve the minutes of the City Council Regular and Special Meeting held on December 12, 2022, and the City Council Special Meeting held on December 15, 2022.

STAFF CONTACT:

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

Move to approve the minutes of the City Council Regular and Special Meeting held on December 12, 2022, (Attachment A) and the City Council Special Meeting held on December 15, 2022 (Attachment B).

FISCAL IMPACT:

None.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Minutes of 12-12-2022 Regular and Special Meeting (PDF) Attachment B: Minutes of 12-15-2022 Special Meeting (PDF) 2 Packet Pg. 12

CITY OF PACIFICA

CITY COUNCIL MINUTES
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Mary Bier
Mayor Pro Tem Tygarjas Bigstyck
Councilmember Mike O'Neill
Councilmember Sue Vaterlaus
Councilmember Sue Beckmeyer
City Council Regular Meeting 1 December 12, 2022

SPECIAL AND REGULAR MEETING
December 12, 2022 (MONDAY)
www.cityofpacifica.org
Mayor Mary Bier called the meeting to order on December 12, 2022 at 5:30 PM 5:30 PM - CLOSED SESSION
00a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Pursuant to Government Code section 54956.8. Property: 1220 Linda Mar Boulevard, Pacifica (APN 023-281-130). Agency negotiator: Kevin Woodhouse, City Manager. Negotiating parties: City of Pacifica and Art Guild of Pacifica. Under negotiation: Price and terms of payment of lease. 6:00 PM - OPEN SESSION - SPECIAL MEETING
Mayor Bier called the open session special meeting to order at 6:12 p.m.

SPECIAL PRESENTATIONS
A. Proclamation - In Recognition of Kevin Mullin, California State Assemblymember Mayor Bier read a proclamation in recognition of Mr. Kevin Mullin.

Mayor pro Tem Bigstyck stated that Mr. Mullin spent his career being a friend to Pacifica, noting that and thanking him accordingly. He acknowledged that Mr. Mullin worked tirelessly cultivating the spirit of democracy in California, which he will bring to Washington, DC, to strive to protect it nationwide. He mentioned spending personal time with Mr. Mullin discussing the greater gravity of rising to a national level representative and he is grateful that someone filled with thought will be one of the people casting votes to make decisions that are remarkably difficult for anyone to have to make. He could not think of another person who is more deserving of making such decisions. He stated, while he appreciated Anna Eshoo, he was mildly annoyed that he won’t be able to vote for Mr. Mullin any time soon due to redistricting, but Mr. Mullin has remained open to his voice and the voice of our community and he asked that Mr. Mullin continue to remember us as he moves forward in his career and he is sure he will do amazing things.

Commissioner Vaterlaus stated that she has known Mr. Mullin for many years and always appreciated how he was willing to listen to everything they have to say. She is sorry that he won’t be representing us, and while she also appreciated Anna Eshoo, she was sorry they redistricted but they will still have a relationship. She thanked him for everything he has done for Pacifica. She referred to when his dad was running and stated that she has seen him

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Attachment: Attachment A: Minutes of 12-12-2022 Regular and Special Meeting [Revision 1] (5230 : Approval of Minutes) City Council Regular Meeting 2 December 12, 2022
forever and she thanked him.

Councilmember O’Neill stated that the Mullin family represented North County and supported Pacifica for decades. He stated that he always ran into Mr. Mullin’s father at different places and he was always near to his heart. Now Mr. Mullin is going on an adventure with two preschoolers, going to Washington and living coast to coast. He was sure Mr. Mullin’s kids were similar to his in that they watch videos and memorize it. He referred to his kids liking a song about friends, one is silver, one is gold, and he considers Mr. Mullin their gold friend in Washington and Anna Eshoo will be their silver friend in Washington to help Pacifica through the capital and what we need now. He thanked Mr. Mullin for taking on this challenge. He stated that Mr. Mullin was in the majority in Sacramento and definitely in the majority in Washington. He wished Mr. Mullin the best of luck for the rest of San Mateo County that is fortunate to have him as their rep. He thanked Mr. Mullin’s wife and children as well.

Councilmember Beckmeyer thanked Mr. Mullin for what he has done for her personally to get her to this point. She remembers asking him specific questions trying to imagine herself in that chair and trying to understand how all the pieces fit together. She has learned from him the value of integrity, being true to your word, straight and following through. She stated that is what he will bring with him to Washington and represent us all so well. While she is sad that they aren’t going to have him here, she knows he is ready for this. As a freshman congressman, he knows how to build relationships and she has no doubt that he will blast off when he gets to Washington. She remembers about a year ago when they were talking about redistricting and he explained to her that it was happening and she recognized that it doesn’t matter because we have him anyway. She referred to the relationships with Jackie Speier, and Anna Eshoo, and stated that they are all a team and representing San Mateo County, and they will have his expertise in Washington. She was looking forward to working with him as they move forward.

Mr. Mullin is deeply grateful for such generous words. He stated that it has been an honor representing Pacifica for the past decade. He stated that he was surprised and moved that we would take time on a special day to say those kind words and honor him on his way out the door. He stated that we are in outstanding hands with Anna Eshoo as our congresswoman.

He was consulting with her about a vote they were having in changes to caucus rules and was getting her advice on some things and she has three decades of knowledge and experience that she is sharing with him and reiterated that we are in good hands. He stated that this is a special community, unlike any other in San Mateo County, with breathtaking views and distinctive characters in each neighborhood. He has a lot of history working in this community and he has always been taken by Pacifica. Shortly after he took office ten years ago, he scheduled a tour of the assembly district for his capital staff and the first place they visited was Pacifica, specifically Nick’s at Rockaway Beach, to give them a feel for what Pacifica was about and the beautiful coast we have. He enjoyed hosting neighborhood coffees at local venues. He stated that Pacifica has weathered literal storms over the past decade and he was pleased to offer assistance with various storm damage repairs and infrastructure projects, especially proud of the $7.75 million from the state budget to assist with the Esplanade Infrastructure Preservation Project to prevent ongoing cliff erosion. There is much more to come on that front. He shared with his staff on that trip a little bit about the real independent political streak that Pacificans have that he has always admired, and democracy feels alive and well here in Pacifica. He referred to the challenge of climate change that Pacifica is dealing with front and center, and there is so much work to do in addressing the coastal district. He stated that firsthand knowledge was helpful in advocating for the funds in the state budget. He is deeply disappointed that Pacifica is not in the 15th Congressional District which he will be representing

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Attachment: Attachment A: Minutes of 12-12-2022 Regular and Special Meeting [Revision 1] (5230 : Approval of Minutes) City Council Regular Meeting 3 December 12, 2022
as of January 3, but the coastal issues will continue to be in the forefront as he takes on a new role and natural resources issues will be in his portfolio and he will be working with the Congresswoman on this side of the hill to advocate for Pacifica. He stated that Assemblymember Mark Berman is another champion of democracy in voting issues and a real leader on environmental issues and he will be proud to represent Pacifica. Mr. Mullin will miss participating in the Fog Fest, especially now that his boys enjoy riding in parades, but he will look for an opportunity down the road to bring them over and pay a visit. He will be a constant visitor with his wife and he will continue to be what he does to find a sense of peace, comfort, purpose, solace in this community. He looks forward to the redistricting process in ten years when Pacifica is added to his district. He stated that he wanted to introduce Mario Rendon, a coastal resident, as he is his district director and always has his eyes and ears open for opportunities to help Pacifica and has been his No. 1 confidant and will continue to be his district director serving San Mateo County. He has been inundated with so many kind messages and he sees Horace Hinshaw who is one of his favorite people. He thanked him for his kindness and message and all he does for this community. He thanked them all and wished them a productive evening and week as they go through their reorganization activities. He asked that they consider him a lifelong friend of Pacifica and is grateful for their kindness.

Mayor Bier opened public comments.

Cindy Abbott, Pacifica, thanked him for everything he has done for democracy, as well as the community. She also thanked him from Sanchez Art Center where he was one of their champions for art by funding the California Arts Council from which Sanchez Art Center has received many grants for their program at Sunset Ridge. She also appreciated the local focus he has done to share the artwork of local coastside artists in Pacifica in their offices in Sacramento.

Horace Hinshaw, Pacifica, thanked him for all the times he has called his office. He stated that they are a great family and he appreciates knowing them. He shared a positive situation during a previous Fog Fest parade when his wife appreciated his kindness in talking to her.

Mayor Bier closed public comments.
7:00 PM OPEN SESSION - REGULAR MEETING
Call to Order
Mayor Bier reconvened the regular meeting at 7:00 p.m.

Attendee Name Title Status Arrived
Mary Bier Mayor Present
Tygarjas Bigstyck Mayor Pro Tem Present
Mike O'Neill Councilmember Present
Sue Vaterlaus Councilmember Present
Sue Beckmeyer Councilmember Present
City Clerk Coffey took a verbal roll call.

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Attachment: Attachment A: Minutes of 12-12-2022 Regular and Special Meeting [Revision 1] (5230 : Approval of Minutes) City Council Regular Meeting 4 December 12, 2022
Staff Present: Kevin Woodhouse, City Manager; Denise Bazzano, Asst. City Attorney; Lisa Petersen, PW Director; Yulia Carter, Asst. City Manager; Christian Murdock, Planning Director; Lawrence Henriquez, Assoc. Civil Engineer; Bob Palacio, incoming PB&R Director; Michael Perez, outgoing PB&R Director; Tommy Yu, IT Manager; Sarah Coffey, City Clerk, Emily La, Dep. City Clerk.

Reading of Land Acknowledgment
Mayor Bier read the Land Acknowledgment.

Salute to the Flag led by Mayor pro Tem Bigstyck
Closed Session Report
Asst. City Attorney Bazzano stated there was no reportable action.

SPECIAL PRESENTATIONS
B. Proclamation - In Recognition of Tom Piccolotti, North Coast County Water District Board Member
Mayor Bier stated that Tom Piccolotti could not be present due to a board meeting, and then read a proclamation in recognition of Tom Piccolotti, North Coast County Water District Board President.

C. Announcement / Introduction of New City Employees
Mayor Bier stated that City Manager Woodhouse will introduce new city employees.

City Manager Woodhouse gave brief background information and a presentation on new employees who were present.

Bob Palacio, Incoming PB&R Director, stated that this was his first day, and he was grateful for the opportunity to serve people of Pacifica.

Mayor Bier stated that they are happy seeing all the new employees present and thanked them for choosing Pacifica.

City Manager Woodhouse then introduced new employees who were not able to be present.

Mayor Bier referred to all the new employees, pointing out those were all positions that were not filled before.

Councilmember O’Neill thanked them for joining the city.

Mayor Bier opened up public comments and, seeing no one, closed public comments.

CONSENT CALENDAR
Mayor Bier opened up public comments and, seeing no one, closed public comments.

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Attachment: Attachment A: Minutes of 12-12-2022 Regular and Special Meeting [Revision 1] (5230 : Approval of Minutes) City Council Regular Meeting 5 December 12, 2022
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mike O'Neill, Councilmember
SECONDER: Sue Vaterlaus, Councilmember
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer

1. Approval of Disbursements for Dated 10/16/22 through 10/31/22.

PROPOSED ACTION: Move to approve attached lists of disbursements for 10/16/22 through 10/31/22.

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Meeting held on November 28, 2022.

3. Continuation of Proclamation of Local Emergency of the Pacifica Coastline from Westline Drive to the End of Beach Boulevard.

PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.

4. Continuation of Proclamation of Local Emergency at the Anza Pump Station.

PROPOSED ACTION: Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.

5. Continuation of Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”).

PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist regarding Novel (new) Coronavirus ("COVID-19”).

6. 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. Quarterly Financial Report for the Quarter ending September 30, 2022.

PROPOSED ACTION: Review and accept the Quarterly Financial Report for the Quarter ending September 30, 2022.

8. Adoption of a resolution of the City Council of the City of Pacifica to enter into an agreement with the California Department of Education and the California Department of Social Services for the purpose of providing Child Care and development services and to authorize the designated personnel to sign contract documents for fiscal year 2023-24, the Continued Funding Application, and all related contract documents.

PROPOSED ACTION: Adopt a Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving an Agreement with the California Department of Education and the California Department of Social Services for the Purpose of Providing Child Care

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Attachment: Attachment A: Minutes of 12-12-2022 Regular and Special Meeting [Revision 1] (5230 : Approval of Minutes) City Council Regular Meeting 6 December 12, 2022
and Development Services and to authorize the Designated Personnel to Sign Contract Documents for Fiscal Years 2023-24.”

9. 2021-2022 Mitigation Fee Act Development Fee Review
PROPOSED ACTION: Adopt a resolution entitled "A Resolution of the City Council of the City of Pacifica Approving 2021-2022 Mitigation Fee Act Annual Report of Development Fees June 30, 2022.

10. Letter to the Governor Regarding Net Energy Metering 3.0 PROPOSED ACTION: Authorize the Mayor to send a letter to Governor Newsom expressing concerns about the California Public Utilities Commission’s (CPUC) Net Energy Metering (NEM) proposal.

ORAL COMMUNICATIONS
Anita Rees, Pacifica Resource Center, provided an update on their Thanksgiving donations and Christmas program, as well as hiring/recruitment, and stated the tax season starts for them on January 28. She reported on the safe parking program and where those people lived prior to their present situation and how they became unhoused.

Nina Phillips, HIP Housing, thanked the Mayor and Pacificans for their support of organization and affordable housing solutions. She gave them HIP Housing’s 2023 calendar, described the calendar’s art work, and briefly explained the HIP Housing program.

COUNCIL COMMUNICATIONS
Councilmember Vaterlaus stated she went to the Fog Fest distribution where they gave the checks to the community and each group got $2,200 per segment. She attended an electrification meeting, Beach Coalition’s 25th anniversary, the labor lunch, the City Tree lighting and the Elf Market. She went to the castle with the Historical Society. She tried to go to Holly Jolly-Palooza but it was packed and she couldn’t get it. Rockaway Tree lighting was a success and the kids had a great time even though it rained in the middle of it. She attended a leadership conference and met a reporter regarding short-term rentals who had a lot of interesting additional information about short-term rentals. She attended Mike Perez’s retirement and the CCAG’s legislative, which was fascinating as they don’t have any legislative items yet, and the regular meeting where they gave presentations. She stated that the Recovery Coordination Council is still happening and there are a lot more cases of COVID-19 as well as RSV. She stated the most interesting she learned was that they have learned a lot from sewage and finding additional diseases they can find out through sewage and they would never have done that without Covid. She worked at the PCT table TV auction. She attended the Sanchez Art Center ‘s arts and craft show.

Councilmember O’Neill attended the same events, such as the tree lighting ceremony and the parade on Palmetto. He stated that a couple of notable figures passed away this week in Pacifica, Fr. Lahey who was the former pastor of Good Shepherd, and an elected school board official, Jerry Trecroci. He stated that Fr. Lahey was a nice guy and walked with his dog all over the hills of Pacifica. Councilmember O’Neill attended the Airport Roundtable and they have implemented a new kind of reporting that will be sent out. He stated that the public will be able to see report specific flights and airlines to be specified in the report. He attended the PCT

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Attachment: Attachment A: Minutes of 12-12-2022 Regular and Special Meeting [Revision 1] (5230 : Approval of Minutes) City Council Regular Meeting 7 December 12, 2022
auction which raised over $4,000, excluding their ongoing online auction.

Councilmember Beckmeyer stated she didn’t have many meetings. She thought the tree lighting in Rockaway was very festive with a long line for Santa and she was most taken by was the Holly Jolly-Palooza as the amount of people who turned out made it clear that the community was ready to reengage with each other and at the same time they are hearing about increasing COVID-19 rates, as well as RSV and flu circulating. She stated it was important to test, wear a mask indoors when around a lot of people and stay healthy. She stated that, despite the rain, people were dancing in the streets and it was fun and well-executed. She attended one meeting of the Coastal Cities group sea level rise planning group and looking at anticipatory meetings preparing for the January 27 meeting in Santa Barbara. They are working with small groups and interviewing key stakeholders in advance to help shape the agenda for that night. She sat in on two meetings last week and one more this week, meeting with Don Schmidt and two others from Smart Coast which was a productive meeting and was interesting to hear their perspectives and she was looking forward to some data they are bringing forward from a study, mentioning some of the details regarding the impacts of sea rise and coastal erosion. They will be looking at the key issues they are addressing. She met with Dr. Charles Lester, who is the former executive director of the Coastal Commission, and is presently a professor at UC Santa Barbara, and probably be presenting part of the agenda on the 27th. She stated that he looked at things from a big perspective and he brings a wealth of on the ground experience and understands the Coastal Commission is trying to make policy decisions for the entire coast of California and he recognizes the concerns and interests that individuals have regarding what will happen with their property and their worries regarding how policy will be developed and implemented. She stressed the importance of how they address these issues and she will share future information with them.

Councilmember O’Neill referred to the study she mentioned, and he thought there was a concern that, with the data broken down to the parcels, they could start getting back into a redlining format regarding housing. He thought there needs to be caution regarding privacy rights as if the extrapolate that, some hazards can be mitigated through engineering measures, but are they going to be charged a higher interest rate, insurance premium, and he asked if the fair plan will have to be sorted out to cover sea level rise and flooding or will that be left to FEMA. He would be concerned about a form of redlining that could be developed by the insurance and bank lending industries of it breaks down into parcels, as they are already seeing that with fire danger.

Councilmember Beckmeyer stated she will bring that forward. She asked that they share any other thoughts on those kind of things.

Mayor pro Tem Bigstyck mentioned Ukraine is still on his mind. He met with some of the candidates for city selection from councilmembers of municipalities around us. He had the opportunity of meeting with Cub Scout Pack 216, a group of fifth graders, who were working on their building a better world badge and answered some questions from them. He wanted to say hello to several members of the pack and thanked them for inviting him to spend some time with them. He stated that the Beach Coalition held their 25th anniversary party and was happy to attend that with Councilmember Vaterlaus. He stated that our new county supervisor, Ray Mueller, was also in attendance and he was happy to see that he was participating robustly after the votes had been counted and showing that he is a partner going forward. He had the opportunity to meet with Marlena Sessions from Novaworks, which is a job training and job placement service that is funded primarily through the federal government and foundation support. He stated that they have various workshops and one of their members, Kim Pham,

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shows up at the Sharp Park Library on Wednesdays and, if you are trying to figure out your next career step or they know someone who needs help figuring out their next step, it could be as simple as just showing up at the Sharp Park Library on Wednesday. He attended the tree lighting with fellow councilmembers and he had the opportunity to attend the labor council lunch.

He stated that one of his constituents wanted him to let people know that she is quite proud of the holiday lights they have at 35 Humboldt Court as they go on about 5:30 and go off at 10 pm, and on the weekends, the neighbors have hot chocolate and cookies and are willing to share.

He thanked the Public Works department with all they did in helping with the storms over the weekend. He stated that Ryan Marquez is the employee of the quarter from PW Department and he would appreciate staff elaborating on that.

Councilmember Vaterlaus shared that on Saturday, 17th, from 12-5 pm, Merry Manor art walk is having their second annual market and to bring your own mug for refreshments. They have a map with 13 houses you can visit where each crafts person has their artwork for sale.

Mayor Bier went to the building lighting and the Elf Market at the Community Center which was wonderful to see all those young people singing. She was behind them looking at all the parents watching their kids and everyone was so happy. She talked to the vendors in the Elf Market. Holly Jolly in Eureka Square was off the hook. It was a great event and she hopes they continue it as there were so many happy people there. She got to be the elf with Santa at the Rockaway tree lighting. She thanked everyone who worked on those events. She attended the surprise party for Mike Perez as the outgoing director of PB&R. She attended the Coast Pride board meeting where they talked about the pride events in Pacifica, Half Moon Bay, and Pescadero. She attended the PCT auction where she got to work with Jonathan Markham and Cheryl, and the girl scout troop that was there for about two hours answering the phones. She thanked them. She attended the Cal Cities peninsula division executive committee retreat where they are planning their 3-4 events they will be having over the next year focusing on housing elements, economic development, and discussions about the Brown Act with regional meetings. She thought it was good to know those from Santa Clara County and San Mateo County coming together to work on these things. She wanted to give an update on the Pacifica Collaborative, as she was proud that they have agreed to come together to respond to the acts of hate in our community. They had a planning meeting, the Pacifica collaborative meeting where they have three work groups, one working on events, another researching best practices from other communities, and a media and messaging group. She was happy to have a wonderful group of people who are willing to step up and take leadership. She thanked the collaborative. She attended the Fog Fest distribution and looked forward to the Merry Manor this weekend. She stated that the Pacifica Hotrods have their holiday toy run this Friday in the Park Mall.

STAFF COMMUNICATIONS
City Manager Woodhouse mentioned that they have the information on the social media and the website on the upcoming holiday closure starting Friday, 23rd, through Monday, 2nd. He stated that the Transit Authority officially approved our two project applications totaling $783,504 for the 2022 bike ped program and $583,000 for the Esplanade/Palmetto project and $200,000 related to school crossings which are significant grant awards. In addition to those grants, they just finished an effort to apply for the next round of the building resilient infrastructure and communities federal grant for our Beach Boulevard infrastructure resiliency project which is a significant grant undertaking to put it together; they learned and got lots of feedback from Cal OES and FEMA about last year’s application to improve upon for this year’s cycle. Ryan Marquez did the bulk of the work on that with our consultants. He then referred to his

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recognition as the Public Works Employee of the 4th Quarter of 2022 and read Mr. Marquez’ accomplishments since being hired.

Mayor pro Tem Bigstyck asked if he or PW Director Lisa Petersen could talk a little bit on the work Public Works did on the storms this weekend.

City Manager Woodhouse stated that they were proactive in reaching out to Caltrans prior to the storm and they were working on the area underneath the Manor Overcrossing but there was still some flooding there so they will continue working with Caltrans on that. Public Works did respond and cleared grates during the storm.

PW Director Petersen stated when they do the Manor Overcrossing, they will be looking at all the infrastructure in that area as well as the storm drainage. They have been in constant contact with Caltrans regarding the flooding that has been happening under the overcrossing.

Last week they sent crews to check a couple of the storm drains that are north of the location that floods underneath the overcrossing and cleared them out. They had discussions today and she showed them pictures of what happened over the weekend; they said they are on it and showed her pictures of locations they felt were having some clogging issues that they were going to be clearing and felt the issue was going to get better after they took care of that. She stated that they are on it and have been extremely responsive and they will continue working with them on that issue. She stated that, related to the storm response this weekend, PW was out there doing what they do. She stated that they are a great staff and they were out there all night long. She stated that the Anza pump station is all manual and that is going to eventually be something that they will have automated but not currently so someone has to be there all night. They had a team of eight people on Saturday clearing drains, etc., and the Police helped shut down the freeway so they could get in the Caltrans right-of-way and clear that storm drain under the Manor Overcrossing and it was a team effort. She stated that at wastewater, they took care of the Linda Mar pump station and made sure the wastewater plant continued to run so they were out there in full force.

Councilmember O’Neill asked if we have used the retention basin yet.

PW Director Petersen stated there was no use of the retention basin and that was a good thing.

They had a lot of staff on the ground and the rangers were out there as well.

Mayor pro Tem Bigstyck didn’t think it was always the most obvious thing to an average citizen to know how much work PW does do in these sorts of circumstances to keep our community safe. He thanked her for highlighting how much work they do under storm conditions.

PUBLIC HEARINGS - NONE.

CONSIDERATION

11. 2022 Storm Drainage Master Plan
PROPOSED ACTION: Move to Adopt the Resolution of the City Council of the City of Pacifica adopting the City of Pacifica 2022 Storm Drainage Master Plan.

PW Director Petersen stated that she is joined by Assoc. Civil Engineer Henriquez who manages this project and Carollo Engineers consultant Ryan Orgill will be providing the presentation, as well as Paul Freelander who will help answer questions. She then began the

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presentation of the staff report. She then passed it over to the consultant.

Consultant Ryan Orgill presented the staff report.

Mayor pro Tem Bigstyck referred to his mention of the need for a design for the project to stand a chance of using a funding route.

Consultant Orgill stated that would definitely put them in a much better position, considering the fact that they are not a disadvantaged community.

Mayor pro Tem Bigstyck asked, between passing this plan and having some level of design created, what sort of time and/or money is going to go into getting that design and then get funded for one of these projects.

PW Director Petersen stated that they should keep in mind that the city has been applying for grant funding for some of these storm drain projects, i.e., lower Linda Mar one was applied for in the 2012 master plan with an effort to try to get some funding. She stated we currently have a notice of intent filed and pending review for the hazard mitigation grant program or FEMA and is for the lower Linda Mar area. She stated that we have a conceptual design put together for that.

She agrees with what Mr. Orgill said, i.e., if you have a shovel ready project and they won’t have to wait for environmental which has been completed and those projects are often prioritized because they are projects where they don’t have to wait and find out if they have issues for environmental clearance, etc. These are large projects and they are talking about a significant amount of money for a complete design on them with a significant amount of time to get them completed. She stated that, for a total design, they are probably looking at a year and hundreds of thousands of dollars for the design itself because these are multi-million dollar projects. She stated that they are moving in the right direction and continue to put the effort out there. She stated that they do have California Consulting who is a group that looks specifically for grant funding and they were talking with them today about other possible opportunities. She stated that they will keep searching and one thing it says in the report is that so many of the grants go to a lot of disadvantaged communities, and that makes the one that do not go to those much more competitive. That’s where we are now and she wished she could give them better news.

Mayor pro Tem Bigstyck stated that he wanted to have a robust understanding. Given that ten years have passed and they haven’t been able to address the Linda Mar project, and wanting to get anything done in that direction, he thought she was telling him that we need a design. He asked if the next step would be putting the design phase onto the CIP list for the coming of that five-year cycle if not sooner.

PW Director Petersen thought, during Council’s goal setting session, they could discuss if this is an area they would like to advance, to front load the lower Linda Mar project, to put that funding in place to get the design completed, and that would be up to Council to determine how they want the priorities moving forward.

Councilmember O’Neill asked, with the majority of all these creeks empty into the ocean, if they will all have to go to the Coastal Commission for approval.

PW Director Petersen stated that the areas within the Coastal Commission’s jurisdiction will have to go through the CDP process but for those that are outside of it, they have other environmental agencies that we go through and ultimately have to get approval for but it would not be the Coastal Commission.

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Councilmember O’Neill stated that, on looking at the map, he thought all these projects look like they are going to go to the Coastal Commission.

PW Director Petersen confirmed if they are not doing actual infrastructural work within those areas, they wouldn’t need to get the CDP. The minute they cross Highway One, they would then start having to look at getting Coastal Commission permitting and there is a portion of the lower Linda Mar project that does have a connection in that location and that area would require the Coastal Commission to look at that.

Councilmember O’Neill stated that, previously, the City Manager has mentioned the frustration that public projects aren’t expedited at the Coastal Commission at all; at one point, he mentioned we were three years into getting the Anza pump or Linda Mar pump station’s Coastal Commission permission.

City Manager Woodhouse stated that the Anza pump station project is underway. He thinks each of these projects have slightly different circumstances, the Anza pump station project being an emergency project due to the fire. The Beach Boulevard Infrastructure Resiliency project might be an example of a complex project, and the work with the Coastal Commission will take a long time, and all the projects take a long time for design and then seeking the funding and construction. He stated that they need to build in early into the process consultation with the Coastal Commission.

Councilmember O’Neill understood and wanted to be sure he was correct.

Councilmember Beckmeyer stated that her questions were along the same line as Councilmember O’Neill, specifically wondering about the Monterey Road project and Nelson Avenue: It looks like there are two options of putting in the new storm drain line down Monterey Road or redirecting to Big Inch Creek.

Consultant Orgill explained that those two projects serve the same purpose. He also stated that, in terms of the master plan at this level of detail, he didn’t think they would be recommending a specific alternative over the other. They would carry them forward to be studied further when they actually go to the design level on their advantage and disadvantage.

He answered further questions posed by Councilmember Beckmeyer about the issue of regulatory agencies, environmental impact, etc.

Councilmember Beckmeyer thought her next question was for Director Petersen, specifically to her knowledge, is there any possibility of funding through CCAG or the county in terms of the study to get to the 10% or the 30% readiness level.

PW Director Petersen said that they continue to look for these grant fundings. She stated that it was one of the great things about having California Consulting as they steered them towards a possible couple of additional grants they weren’t aware of. She stated that it wasn’t anything on their radar now but they continue to look and have our grant consultant help and do the research on that.

Mayor Bier stated she had a question about Rockaway. She stated she said it was important for us to make sure that we did the work around the same time they are doing the sewer project, and she asked if she understood that correctly.

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Consultant Orgill confirmed that there would be some cost savings by doing the projects at the same time.

Mayor Bier asked if we have a way of being in contact with the people who are going to do that work and be able to partner and have an open line of communication.

PW Director Petersen agreed that they have somebody on our staff, Nelson Slater, who is actually doing that work. She stated that we have already been in touch with him and he actually helped with Carollo in showing them the location where the sewer upgrades were going and they have been coordinating with wastewater on that.

Councilmember Beckmeyer referred to collaborating our sewer line and storm drain line, and asked if they can work in paving the road.

PW Director Peterson stated one of the things they will definitely be doing with that project, if they are cutting up the road substantially, they would also be looking at doing some sort of rehabilitation to the pavement in that area and that was the combination idea that there are a lot of issues out there and wrapping them into one project and taking care of all those issues at one time.

There were no public comments.

Mayor pro Tem Bigstyck moved to adopt the Resolution of the City Council of the City of Pacifica adopting the City of Pacifica 2022 Storm Drainage Master Plan; seconded by Councilmember O’Neill.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Mayor Pro Tem
SECONDER: Mike O'Neill, Councilmember
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer

12. Public-Private Partnership Feasibility Analysis Next Steps PROPOSED ACTION: Hear a presentation on the results of a conceptual public-private partnership feasibility analysis involving the City’s corporation yard on Milagra Avenue and the Pacifica School District’s administrative offices on Reina del Mar Avenue, and provide direction to the City Manager about next steps.

City Manager Woodhouse stated that Asst. City Manager Carter and Willdan Financial Services consultant James Edison were here to help with the presentation, and he introduced the staff report.

Consultant Edison presented the staff report.

Councilmember Vaterlaus referred to one item in the report that said this hasn’t been discussed this with the school district yet and she thought that was a big factor, and asked if they have any input on this now.

Consultant Edison stated that they were involved in the meetings and they gave them information and they are aware of it. He thought their general attitude was that they were open to it and thought it was a generally a good idea and made sense. He thought they shared the concern about the access to the district site and they seemed to like the idea of the district

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offices being in that location and appealed to them. He thought they were open to cooperating with the city which makes a lot of sense. They agreed that there are a lot of details to work out.

City Manager Woodhouse added that, in the early discussions about this, there were two trustees from the school district who were involved in the conversations along with Councilmember O’Neill and Mayor Bier as well as the superintendent from the school district and himself. He stated that in the report, whatever the Council direction is regarding the next steps, he recommended that it be contingent on the Pacifica School District’s superintendent getting direction from her board that they’re interested in this next step.

Mayor pro Tem Bigstyck thought there have been certain public/private partnership projects brought to Council’s attention that took upwards of ten years and when they say 2-3 years, within that context, he didn’t think it looks like the longest time frame. He asked staff’s perspective earlier in terms of parking and the Calera Creek on the other property, appreciating all the studies being recommending would actually tell them at the end of the day how they would adjust. He wanted a high level overview of what possible parking approaches might be if they were to do the Milagra site to enable them to use that site for affordable housing and how they might adapt for that 100 foot range from the creek on the school district site. His first thought was on ideas before getting the actual analysis down the road.

City Manager Woodhouse clarified if Mayor pro Tem Bigstyck’s question was about options for addressing parking at the Milagra site and about the 100-foot setback at the Reina del Mar.

Mayor pro Tem Bigstyck stated he was asking those questions this far from actual studies in order to see the low hanging fruit type solutions and the pertinent staff’s conceptions of how these might be dealt with before they go too far down the road. He wanted to see if there are some initial thoughts.

City Manager Woodhouse thought Planning Director Murdock could come up and elaborate a bit, but during the project approval process, Council could consider parking exceptions, specific ones or standards that relate to affordable housing projects.

Planning Director Murdock stated that, for a project like this where the city is the landowner and has a strong interest in supporting affordable housing, it is not uncommon for the city to take very specific land use actions, up to and including amending the zoning regulations as they relate to parking to ensure that the regulations apply to a project like this, specifically a high proportion or exclusively affordable housing project to make sure those parking standards are not unduly burdensome to the people, i.e. that could mean reducing the parking standard for affordable housing units. He stated that there are state laws that regulate the maximum amount of parking that might be attributed to an affordable housing project. The density bonus law is one of those examples where zoning waivers or concessions might be granted, including parking standards. He stated that there are a range of options, depending on the particulars of the project that is ultimately conceived. The Council could take one or more actions to address parking, height, or other zoning type regulations that might affect the feasibility of this particular project.

Mayor pro Tem Bigstyck referred to Calera Creek on the school district site and its 100-foot buffer seeming to be constraining in terms of what the city would have in mind in terms of using their site as a corporation yard.

Planning Director Murdock stated that the simple answer is it potentially could. The policy

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Mayor pro Tem Bigstyck is alluding to is in the 2040 General Plan and falls generally for a 100- foot setback from creeks, with the logic being that stepping back from those creeks will help preserve the creek banks and improve water quality and all the natural riparian habitat that benefits the quality of that creek space. He stated that 100-foot distance does encroach some distance into the current corporation yard for the school district and it could affect the project in the future that involves significant redevelopment of that area. He thought it was unlikely as the policy is written now. It would have a direct impact on maintaining or improving the existing building that is in that footprint. The disclaimer is that it might be the case, at some point depending on when this project takes place, the city might implement more specific ordinance requirements with respect to the creek setback. He didn’t think it was something he would conceive happening over the 5-10 year horizon, and it could include more particulars that would affect feasibility management.

Councilmember O’Neill referred to the staff report stating we have three-quarters of an acre at the present corporation site and the school district needs 11,000, leaving 21,000 square feet.

He understood some has to be used for driveways and parking, but that gives an option for the city to meet some other critical needs such as a childcare center. He thought Redwood City had affordable housing and they had a huge daycare program. He thought it could be a Council Chambers when the present one is sold at some point. He wanted to be sure that they articulate that there is more than 11,000 square feet there. He got some guidance from San Mateo County regarding Section 8 housing and they would be very interested in family housing because they get a lot of projects for seniors but their Section 8, with a subsidy, would bring it up to market rate in terms of paying for the project for whatever developer they use. He also mentioned the idea as well as a link to the City Manager of a project where the fire house is on the bottom and senior housing is on top and there was a financing mechanism they use there.

He stated that is another option to look at the totality of the city’s project. He stated that there is a possibility they would help with some of the infrastructure for the firehouse if they replace it because it would be a shared facility, etc. He thought it would be good if they looked at this and at the totality of firehouse and corporation yard. He thought it would give more flexibility because that would be the majority of the block and would help take care of that 54-inch main underneath. He thought they also have to look at the fact that some of the equipment that the corporation yard has is big equipment and maybe that could be stored behind the Linda Mar fire station, and maybe the school district has equipment that could go there also. He is hoping to see down the road that maybe they get into some sort of joint agreements in regard to corporation yards and instead of 4 or 5 lawnmowers, we only need 3. He stated that, at lunch, they are cooking senior meals but in the morning the school district is cooking kids’ meals to be shipped out to the schools and maybe they can have a shared kitchen at the Community Center to look at greater efficiencies to the taxpayers down the road. He stated that they can each have their own separate employees go in and do the different things. He thought this was an opportunity for both governmental entities to save some money for taxpayers and this is an opportune time to study this as we are likely going into a recession next year where some materials and housing demand is going down and you might see a decrease in some of the cost of materials. He hoped, if Council proceeds with this, they would be looking at the end of next year when a lot of information is gathered to make a final decision at some point.

Mayor Bier opened up public comments and, seeing no one, closed public comments.

Councilmember O’Neill stated that he wanted to emphasize that they need to look at the total block. He stated that they have talked about that fire house needing some upgrades or replacements and he thought this was an opportunity to make that and see if that would save costs. He stated that a project in Belmont got $8 million from the county to build affordable

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housing. He thought they should look at that as he didn’t know of any money that the county has given to Pacifica for affordable housing and he thought this was an opportunity to get money. He would like to see family housing because they have four senior housing projects in Pacifica but none for families, in addition to having daycare at the bottom, which is a critical need for our city.

Mayor Bier thanked him for thinking outside the box, bringing it forward, and involving the school district. She asked the City Manager what he needs in feedback and how she can steer that conversation.

City Manager Woodhouse stated that the recommended next step is do what is called a fit study, a potentially $5,000-$10,000 study depending on the variables involving an architect or similar professional to look at the site constraints. That will tell us a lot and it will inform affordable housing developers a lot about the potential for the site. He stated that, if there is something here that Council is interested in pursuing further, that is what they would recommend and they would want to get a high-level OK from the district superintendent that they are supportive of that. He stated Council can go whichever way they prefer, but his presumption is that the City would be funding that next fit study. He stated that direction about that would be very helpful. He stated that they can figure out the appropriate timing and talking with the school district. He stated that the alternative action mentioned in the report is that the second phase of this assessment is not currently in the Council’s priorities and Council could choose to talk about it at goal setting on whether to prioritize that or not. He also thought they should talk a little bit about the firehouse, as Mr. Edison has some experience with fire stations in California. He wasn’t suggesting that anything is off the table, but that might be a pretty high bar. He stated that some of the basic components of that because of their regulatory requirements are very expensive buildings to build. He referred to Councilmember O’Neill mentioning in Delaware, but it was a ten-story high building; the economies of buildings are different and the regulations may be different as well. He thought there might be some very practical components related to incorporating the fire station that they would want to make a judgement about whether to spend money on evaluating that or not. He stated that affordable housing developers are looking at maximizing as much space as possible for the units. He stated that Mr. Edison also has experience with family housing components.

Consultant Edison stated, regarding the family housing issue, one of the things the affordable housing developers told him was that it was very positive in terms of the competition to get funding; there is a lot of interest from the county in family housing and there are a lot of other types of housing and not a lot of 2- to 4- bedroom units and that would be advantageous. He stated that there is a tradeoff as, if you have larger units, you can’t have as many units in a given building. That is part of a fit study and understanding of how these pieces fit together. He referred to the fire station topic, stating that they do a lot of fire station work directly as they do impact fee programs all over the state and country. Fire stations are extremely complex and really expensive, $1,000 a foot to build. He stated that a lot of that has to do with the equipment in the middle and the seismic safety standards and he has never heard of a proposal to put a fire station underneath any other structure. He thought the fire chief would have some qualms about something over his fire station in the event of some kind of emergency. He referred to the City Manager stating that they won’t take anything off the table, but he stated that he thought the fire station in Delaware was $4 million and here it would be a minimum of $10 million and could be $15 million. He stated that it was something they can explore, but they would also want to check with the fire chief about how they would feel about having their fire station underneath a large residential structure. He stated that the advantage they get from having a bigger parcel is the complexity and expense of building a new fire station. He stated, if they

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need a new fire station anyway and they have the money lined up to do it and want to save some money and combine the projects, that makes sense, but to build a new one, everyone is shocked about how much fire stations cost.

Councilmember Vaterlaus stated, to make it at all feasible, they would have to raise the height limit of the building and they couldn’t do it otherwise. She referred parking, daycare and district office, and stated that they are already over the height limit. She could see them raising the height limit.

Councilmember Beckmeyer agreed, as that was the question she had. She asked what the cost is for daycare center type costs.

Consultant Edison stated the only thing he knows about daycare is that they can’t afford to pay a lot of rent, but it is in demand all over the country.

Councilmember Beckmeyer agreed, stating that they had a report in the county demonstrating we are low relative to our population, projected growth, etc. She stated that she would like to know if, in the fit analysis, it would be part of that analysis or is it too detailed to tell Council about the stories, how many levels, in terms of feasibility. She thought, if they are looking at offices and childcare, what would the recommendation be in terms of the number of stories or size.

Consultant Edison stated that an important thing to know about construction is that there are two types: type 5 and type 1. Type 5 is basically wood frame, and type 1 is either steel or concrete. His lay person’s understanding was that with type 5 by standard building code, you get 4 or at the most 5 stories. If you go higher than that, you need to use type 1 which is either concrete or steel and your per square foot cost goes up a lot. To justify it, you are going to go from 5 to 8 stories, not 6. He stated that was simplistic and they need an architect to tell them exactly. He stated that you can ask a podium to add a bit of parking and other things, as you might have a concrete podium on the first story and have 4 or 5 stories of what is called stick above that. He stated that the fit study would tell you exactly that as they know how high everyone is and if part of it can be taller and another and deal with the space. He stated something else that came up with affordable housing developers on parking was looking at the site and the number of units, they said probably max one space per unit plus some onsite parking for the office and a bunch of it off site. That was a rough guess. He stated two spaces per unit would accommodate that. He stated that, regarding the affordable housing developers, things like district offices and childcare are not things that they can build with the affordable housing subsidy as it isn’t affordable housing and has to fit into the deal a different way. He raised them a lease back in recognition of the land, i.e., they would lease the land and for the same amount they would lease back the district space and come out even, but they would have to find some way to pay for it as they can’t just throw it in like private developers who have their pro forma, financing, a lot of flexibility and once the bank signs off they can do a lot of things.

Affordable housing developers are much more constrained as they are following the law about how the money gets used. He stated that it doesn’t rule anything out but a matter of all the constraints in the puzzle that they need to put together factoring in all the details and the next step of what is needed.

Mayor pro Tem Bigstyck stated that he was in favor of going ahead of the fit study and he would like more detail before taking anything off the table. He thanked Councilmember O’Neill for his thought process. He acknowledged that there hasn’t been any affordable housing projects here, and because of Councilmember O’Neill and his suggestions, we might have 50 units of

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affordable housing and take additional steps past where they land at this meeting.

Councilmember O’Neill thanked him and mentioned that the district office and daycare could all be on the first floor but he thought it may be better to have all parking and pillars.

Councilmember Beckmeyer thought that was the concept of the fit study to look at what those options might be.

Mayor Bier was in favor of the fit study and she looked forward to hearing what the school district board has to contribute to the fit study.

Councilmember O’Neill didn’t think they were in a position to do that with their affordable housing fund. He stated that this is exploring the possibility of having affordable housing and that is a prudent use of the money.

Mayor Bier confirmed they have consensus.

RESULT: NO VOTE REQUIRED

13. Appointment of Ad Hoc Subcommittee for Pride 2023 Event Planning PROPOSED ACTION: Consider appointing a two-councilmember limited-term ad hoc subcommittee to work with Coastside Pride on the planning for 2023 Pride Celebration events in Pacifica.

City Manager Woodhouse presented the staff report. There were no public comments.

Councilmember Vaterlaus stated she would like to nominate Mayor Bier and Councilmember Beckmeyer to serve on the ad hoc committee.

Councilmember Vaterlaus moved to approve appointing Mayor Bier and Councilmember Beckmeyer to serve on the ad hoc subcommittee to work for the 2023 Coast Pride Celebration events in Pacifica; seconded by Councilmember O’Neill.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Councilmember
SECONDER: Mike O'Neill, Councilmember
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer

ADJOURN
Mayor Bier adjourned the meeting at 9:29 p.m. in honor of Jerry Trecroci of the school board who passed away.

Transcribed by Barbara Medina, Public Meeting Stenographer.

Respectfully Submitted,
Sarah Coffey, City Clerk

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__________________________
Tygarjas Bigstyck, Mayor

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CITY OF PACIFICA

SPECIAL MEETING
December 15, 2022 (THURSDAY)
www.cityofpacifica.org
Mayor Mary Bier called the meeting to order on December 15, 2022 at 6:06 PM

OPEN SESSION
Call to Order
Mayor Bier called the meeting to order at 6:06 p.m.

Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Lisa Petersen, PW Director; Yulia Carter, Asst. City Manager; Christian Murdock, Planning Director; Ron Myers, Fire Chief; Sean Kavanaugh, Dep. Fire Chief; Tommy Yu, IT Manager; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.

Reading of Land Acknowledgment
Mayor Bier read the Land Acknowledgment.

Salute to the Flag led by Councilmember O'Neill

CONSENT CALENDAR
Mayor Bier asked if there were any public comments, and seeing none, closed public comments.

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Councilmember O'Neill moved to approve the Consent Calendar, seconded by Mayor pro Tem Bigstyck.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Mike O'Neill, Councilmember
SECONDER: Tygarjas Bigstyck, Mayor Pro Tem
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer

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 Mayor Bier read a proclamation honoring retiring Councilmember O’Neill before presenting him his gifts.

Mayor pro Tem Bigstyck thanked Councilmember O’Neill for taking him under his wing, being one of three people who he was able to call on and get him through his campaign. He stated that his knowledge will be missed.

Councilmember Vaterlaus stated that she has known him probably close to 30 years. She listens to him and loves what he says and his Mike-isms. She stated she will call him anytime.

Councilmember Beckmeyer recalled working on Councilmember O’Neill’s campaigns in 2012 and 2014 and she learned a lot. She stated that his leadership on the library issues has been inspiring and so many things he has done affected her and her family so much, i.e., the school district. His leadership and what he has accomplished and put in place for this community are astounding. She stated, when he worked for the school board, the school district was also excited to see him. She stated that, about 20 or 21 years ago, they were at a Rob Schneider Music Foundation fundraiser and she saw him at a table with Chris Hunter. She didn’t know if he was on the school board then or on the Planning Commission, but she remembered hearing all the exciting things they were talking about. She appreciated all the leadership and love he has given to our community.

Mayor Bier stated she met him when she was coaching his daughter as their daughters played volleyball together. She recalled being at Cabrillo School and the band had a sleepover and they were all loud. She was trying to get them to calm down and Councilmember O’Neill stood up and said, “Everybody, be quiet!” She appreciated that he was there. She has learned so much from him and it has been an honor to serve with him. She knew he thought her running might not have been the best thing for her, and when he told her he felt differently about that, it meant everything to her. She thanked him for being a mentor and friend. She then opened public comments and invited his son to be the first speaker.

Sean O’Neill stated that he has known Councilmember O’Neill for 33 years and that he is 6'2" but will always look up to this man. He recalls working on his original campaign and will never regret working on his campaign as in this age of turmoil, Councilmember O’Neill was always sensible and reasonable. He stated that a reasonable and fair politician about the community and always giving back every chance they get can be defined by Councilmember O’Neill. He

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was proud to be present when he was sworn in as Mayor and see this sunset.

Mayor Bier invited Nicole Fernandez from Senator Becker’s office to present a legislative resolution from Assemblymember Kevin Mullin and Senator Josh Becker’s office.

Nicole Fernandez stated that she will defer a moment of her time to Supervisor-elect Mueller due to his schedule.

Supervisor-elect Ray Mueller stated that this Council was beloved throughout the region for the sincerity and authenticity and love of public service. He stated that the O’Neill Way sign is perfect for him because his way is known, not only in Pacifica, but throughout the region:
straight talk, common sense, to the point, to serve the public and do the right thing. He then moved on to Mayor Bier, stating that she is so full of love and joy and so beloved in the community. He stated that the Mayor’s Mental Health Initiative that she was part of made such an impact throughout the county and he thanked her for her services. He then spoke to Mayor pro Tem Bigstyck, stating that he is a perfect mayor to come after an election as he cares so much about what everybody thinks and puts so much empathy into his decision-making process and he thought it will be an amazing year. He then congratulated Councilmember Beckmeyer on her reelection and new Councilmember Boles on her election. He was excited about the fact that the education and passion Councilmember Boles will bring will add so much to the Council going forward. He was excited about working with them in the future and working with Councilmember O’Neill in the private sector.

Mayor Bier congratulated Supervisor-elect Ray Mueller also. She then invited Nicole Fernandez to return.

Nicole Fernandez stated she was present on behalf of the California state legislature. She is the district director for Senator Becker and was also present on behalf of Assemblymember Berman and Assemblymember Mullin. She stated that Assemblymember Berman just took over Pacifica and Assemblymember Mullin sadly lost Pacifica in redistricting. She congratulated the incoming Council, Mayor and Mayor pro Tem and congratulated them on leading such a wonderful town which she has had the pleasure of getting to know over the last few years. She also wanted to congratulate incoming Councilmember Boles for the team she will be a part of with the amazing knowledge and experience she will be bringing to the dais. She has a framed proclamation for Councilmember O’Neill and read a brief version of the proclamation.

Mayor Bier then stated that they have Chris Hunter from former Supervisor Don Horsley’s office.

Chris Hunter stated it was a pleasure to be present to honor Councilmember O’Neill on behalf of the Board of Supervisors and Don Horsley who wish all the best and thank him for his support, particularly on LAFCO. He was proud to know him as a friend for years and he looks forward to seeing what he does next. He congratulated him on his long tenure with the school board and City Council.

Mayor Bier stated that they will continue with public comment.

Liz O’Neill, Councilmember O’Neill’s wife, added that he was also a volunteer at Cabrillo, IBL, Terra Nova, girl scouts, boy scouts, etc. She stated she is speaking for his good friend, Lori Frater, who could not be here and is across the pond. He mentioned all the aspects of his accomplishments during his time on Council, school board, etc. and he was grateful for all his years of service and wished him the best of luck post-Council. He looked forward to whatever

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the next chapters bring.

Elizabeth Bredall, Pacifica, stated she is on the school board and was present to partly represent them as well as herself and her family. She reiterated his tenure on Council and school board. She stated she has known him for about 30 years, and their daughters were in the same grade from kindergarten through 8th. He attended every school event, and she mentioned some of his accomplishments and suggestions for funding, etc., that benefited the school district and/or city. She knows he will continue to work for Pacifica and will always find a way to be of service to others.

Linda Jonas, Pacifica, stated she was an accountant for the school district when he was on the school board for years, and they have worked for years on the Pacifica Library Foundation, Historical Society, castle tours, etc., doing a lot of volunteer activities together, and she thinks he is a good guy willing to do good for the community and she thanked him for all of that.

Connie Menafee, Pacifica, stated that he has served 24 years in elected office and that, during his 14 years on the school board, he was instrumental in shepherding school bond measures that uplifted and modernized the district’s K-8 schools. She met him during that period and in 1997, they worked together towards passage of an early school bond measure critical to modernize the dilapidated schools and constructing a brand new middle school. She served with him on the PSD Board of Trustees from 2002 to 2008, and he was always knowledgeable, dedicated and collaborative. She thanked him for all he has done for Pacifica schools and his many accomplishments achieved during his past ten years of service as a Councilmember, considering him a trusted colleague and a dear friend.

Chris Redfield, Pacifica, thanked him for his 30+ years in public service to Pacifica which included Planning Commission, School Board and Council. He also thanked him for his knowledge and insight on the issues facing Pacifica and many successful projects have gone to Council during the last eight years. He asked questions needed to be asked and always listened. He enjoyed their conversations and thanked him for the example he set.

Jonathan Markham, Pacifica, stated that, when he came to Pacifica about 20 years ago, to become a local pastor, he came from across the pond. Therefore, local politics, including Pacifica, was a complete mystery to him. He was fortunate to meet him and, since that time, he has blessed him with multiple conversations when he helped him to understand things which he did not understand. He was grateful to him and grateful to call him his friend.

John Nibbelin, Pacifica, stated that in addition to being a proud Pacifican, he is the county counsel and had been fortunate in that capacity to know him as a client, as well as a constituent. He stated that he is like a model client and they are thrilled when they have a client like him, with so many good qualities. When he first was assigned to worked for the Pacifica School District, it was great to have a steady client and good mentor. He is an amazing client and he wanted to bring the greetings from the County Counsel’s office to him as he transitioned into his next phase and he wanted to share how much they appreciated being of service to him.

Alana O’Neill Garland (by phone), Councilmember O’Neill’s his youngest daughter, wanted to share how proud she is of her father for all his years, effort and time he has put in, but even with what he gave to the community, he never missed a moment in his children’s lives and they knew they could count on him. She loved him and was so proud of him.

Mayor Bier closed public comment.

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B. Outgoing Councilmember's Remarks
Councilmember O’Neill stated that he has some stories to share. He referred to Councilmember Beckmeyer’s story at the Rob Schneider Foundation and it was his first coming out party as a school board member. He then referred to Liz Bredall’s comments, and it was before he thought about running for Council, and she told her family that she was going to run for the School Board and her daughter who is now 30 said it was Mike O’Neill’s job and are you taking it away from him.

Councilmember O’Neill stated that, in 1998, he was given a gift by Pacificans and elected to the then Laguna Salada School District Board of Trustees, which was the beginning of the journey of elected office that ends on this night, 24 years later. He stated that life is not about the destination but is all about the journey. He stated that his journey in public office has allowed him to meet wonderful people, both Pacificans and others who are not as fortunate to live in our place. He stated that, on this journey, they have confronted both physical and emotional challenges, such as coastal erosion, pandemics, infrastructure, and disagreements on how to move forward to a resolution. He stated that, in the end, whether they agree or disagree, he feels that all of us have the best interests of Pacifica in our hearts. He emphasized that there are changes and challenges forced on Pacifica and to mitigate them and maintain our quality of life, we have to work together, resolve differences, and create a shared vision of a new Pacifica.

He thanked the 24 other people, trustees and councilmembers, with whom he served, as well as superintendents and city managers who oversaw the district and the city. He thanked his wife and three children for their support, as well as the volunteers to his campaigns as their help was invaluable in getting elected. He was fortunate to work with competent, loyal stewards on the school board and Council; Pacifica is blessed with a very dedicated, professional and caring school district and city staff to help Pacificans. He was proud of facilitating the 4-H Farm at Linda Mar, higher test scores at school district, and proud of the city’s equalization basin, General Plan, etc., and many other items Council voted on. He was proud that he had support of labor during his elected office time and have been able to have relatively good relations with employees in both the school district and city. He was proud there continues to be a dialogue with other Pacifica government entities, such as NCCWD, etc., and have good relations with our representatives at the state and federal level and have been done with a team effort to maintain and establish rapport which will help Pacifica in the future. He will move on proud of what he has been a part of and thankful for the gift of public service by the voters and believes Council will be in good hands with staff and Council moving forward. He referred to the challenges they will be facing in the near future and paraphrased a quote from Robert Kennedy, surely we can learn at least to look at those around us as fellow men and women and surely we can begin to work a little harder to bind up the wounds among us and to become in our own hearts brothers, sisters and Pacificans once again, as Pacifica means peace in Spanish. He asked that all of them remember that.

Mayor pro Tem Bigstyck stated that, as tradition, they start by offering the outgoing Mayor a plaque and a beautiful gavel commemorating her time as Mayor. He stated that they also have additional gifts from Council and staff and presented them to her. As she opened her gifts, he explained what she has received.

Mayor pro Tem Bigstyck stated that there were moments over the year that Mayor Bier wanted to be liberated from the duties of Mayor but she was the mayor they needed. She has helped them navigate COVID-19 between Zoom and in person, back and forth, etc., and made sure they had a beautiful home to return to instead of a dingy archaic landscape. He thought she helped them navigate some of the more intense moments between no longer in person and

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looking at screens, etc., as well as completing hard goals such as completing the General Plan update. There were a lot of emotions that were not easy to navigate but she successfully navigated through those emotions; they are all better for it and he thanked her for that.

Councilmember Vaterlaus stated she loved her. She thought Mayor Bier was too nice to be on Council and now she wants to be more like her. She stated that they started a long time ago and she was glad they get to serve together for a longer time.

Councilmember Beckmeyer stated that they didn’t know each other at all before and now she loves her. She appreciated Mayor Bier’s quiet, graceful, loving way that she approaches everything she does. She stated that her leadership is immense because of her approach; she gets people’s attention in a quiet, friendly, supportive, and inclusive way, and she makes a team and helps everyone see the other person’s side of things in a way that is inspiring. She is grateful to her for helping her grow so much and she was excited that they will have four more years together. She stated she loves her.

Mayor Bier stated she loves her too.

Councilmember O’Neill stated that he was not surprised that she ran unopposed for reelection.

He said she is an excellent mayor, one of the best he has ever served with, and he was glad they got to know each other better. He stated that it was notable what Supervisor Mueller said, i.e., when they go to the monthly dinner with Council of Cities which is an opportunity for networking, as they vote on grants, etc., and Pacifica usually has a largest contingent as they go there and work together. He thought a lot of that has to do with the leadership Mayor Bier has shown. He thanked her from the bottom of his heart for what he has learned from her. He appreciated her efforts in what she has done for the community beyond City Council with leadership in other non-profits, etc.

Councilmember Vaterlaus added that she and Mayor Bier did something no one ever saw. The did YouTube every other week, Covid Conversations with Council, and they had the best time, interviewing people and statistics with great people talking.

Mayor pro Tem Bigstyck opened it up to dignitaries who might want to say something about Mayor Bier.

Nicole Fernandez stated that, if she ever served on a City Council, this is the one she would want to serve on. She stated that Pacifica is a beautiful coming together as a community and a reflection of the diversity and kindness that Pacifica offers, with Council at the heart of it, and it was lovely getting to know her as Mayor and seeing her leadership through difficult times has been an honor and she was honored to call her friend. She was excited that she gets to continue on Council and she will be friends with the next Mayor. On behalf of Senator Becker, she congratulated her for a lovely year.

Chris Hunter stated, on behalf of the supervisor as well as on his behalf, she has been part of Pacifica and has helped so many people through so many difficult times. He stated that as a board member of the Pacifica Resource Center, he knows how much she supported that organization and encouraged people to reach out and get help and she has been that for so many people.

Mayor pro Tem Bigstyck stated that additional public comments will be received following the Mayor’s remarks.

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C. Mayor's Remarks
Mayor Bier thanked everyone and was grateful to her fellow Councilmembers and city staff.

She considered the city staff the best city staff on the planet and have worked through some extremely hard circumstances in the past year. She has watched them do everything they could possibly do for our city and she thanked them so much. She thanked City Manager Woodhouse for being patient with her and for being kind and stern at the same time. She stated that everything they do is about relationships, and she felt it was important to come together as humans and connect heart-to-heart to make decisions; otherwise, nothing will get done. She stated that, when she started her term as Mayor, she was asked to participate on the Mayor’s Mental Health Initiative, which has been life changing for her, changing who she is as a person and as a councilmember. She stated that they were so successful. She got to work with former mayor Giselle Hale from Redwood City, former mayor and current City Councilmember Sarah McDowell from San Carlos, and Councilmember Eddie Flores from South San Francisco; they were the working group who led the Mayor’s Mental Health Initiative. They had 16 other mayors sign on to their initiative. She stated that a couple of things they accomplished during the past year are things she is super proud of. She thanked Chris Hunter in Don Horsley’s office for helping them secure $200,000 to have mental health first aid training and be sensitive/be brave training which is suicide prevention training in cities across our county, including Pacifica. They were able to bring free training into the city because of money they were gifted by our Board of Supervisors. She stated that it is amazing what can happen when a few mayors get together and meet each other with their hearts. She stated that they also received a $250,000 grant from the Chan Zuckerberg Foundation which went to Star Vista, one life counseling in Daly City Youth Health Center for free and reduced services pro bono counseling services, staff recruitment and retention, mental health days for our caregivers. She stated that they brought the topic of mental health front and center to all our elected and that needs to continue as we have to support each other and we can’t do our job if we aren’t taking care of ourselves; our mental health matters and the more they talk about that the better off they will all be. She stated it was a huge honor for her to be a part of the Mayor’s Mental Health Initiative and she hopes to carry it on as they move through the next year. Through the CCAG’s Bike and Pedestrian Committee, she was able to secure money for our bike and pedestrian improvements on Esplanade and West Sharp Park. She stated that they have had to make very hard decisions this past year about our safe parking permit program for citizens in motorhomes to help them get housed; our partnership with Pacifica Resource Center is extremely important to our city and herself, and she thanked Anita Rees and all her staff for continually stepping up and taking on the extra work that our city has given them to help citizens in our community get housed. She stated that not everyone was happy about, and they had to have sensitive conversations with other public agencies about the same topic. She is proud to say that they went into the conversations with an open heart and open mind and she and Mayor pro Tem Bigstyck worked really hard to build those relationships and were able to come out with some solution to work together. She thanked the City Manager for the tax measure and Vision 2025. She stated that they have a relationship with our fire department who stepped up and rallied for our tax measure and we now have a very good relationship with the fire department.

She stated that all these things led to the relationship that we formed to start Pacifica Pride and work with Katy from Table Wine. They had the first Pride event which was beautiful and they are going to do it better this year. She is now a board member of Coast Pride, and they will have a planning committee, and Pacifica Pride is going to happen every year. Because of those relationships, they were able to address acts of hatred that happened in our community, such as the Pride flag that was burned at Sunset Ridge; because of their relationships, they were able to come together and had a Unity Day at Sunset Ridge. They vowed to work towards a more loving and open community, so this city understands that is what we stand for. She thanked

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Elisa, her daughter, for being here, and told her she loved her.

D. Oath of Office to Newly Elected / Re-Elected Councilmembers Mayor Bier opened public comment on the reorganization.

City Clerk Coffey explained that the comments were on outgoing councilmembers, selection of mayor and mayor pro Tem. and the election and reelection of councilmembers.

Suzanne Moore, Pacifica, stated that she would like to quote Councilmember Vaterlaus and say she wants to be more like Mary Bier. She thanked her for all her hard work which she appreciated, and she thanked them all.

Chris Redfield, Pacifica, thanked Mayor Bier for an outstanding tenure as mayor, as she did an excellent job representing the city and her constituents. She formed relationships with agencies and officials that can assist Pacifica in the future. He was grateful to get to know her and looking forward to the next chapter.

Sue Digre, Pacifica, stated that she knew she was concerned about being mayor but proud at the same time. She deserved to be proud because she did a great job. She wanted to mention one thing that hasn’t been mentioned, i.e., her work with the youth and she was sure it was a great inspiration to them and what is excellent about her work with the youth is that she listened to them and enabled them to speak.

Christine Boles, Pacifica, thanked her for her year as well. She knows, having met with her before she took the office as well as over the year, she has grown a lot, but she has noticed as a member of the public is how she welcomed the public to every meeting and acknowledged them as well as make eye contact and smile and really value the input of the people. She stated that there are so many people who care about Pacifica and really want to improve it. She thanked her for her leadership which has been a great example for her and part of the reason she wants to serve as well. She looks forward to sitting on the dais with her.

Anita Rees, Pacifica Resource Center, stated that she has always known that she is a fierce, compassionate leader and now the rest of the community knows as well. She thanked her for her leadership and she looks forward to continuing to work with her.

Jonathan Markham, Pacifica, stated that he met her quite a few years ago when they gathered in a room to deal with the tragic loss of two teenagers and he has had the pleasure of working with her from that time and has watched her and grown to love her. He has the privilege of her sitting in the pews of his church on a Sunday morning. He is in awe of her leadership and compassion and he never would have dreamt when he first met her that he would see her sitting in that chair but he is so grateful for her being willing to do that and grateful to God for the empowering he has given her to enable her to be the person that she is.

City Clerk Coffey invited Councilmember-Elect Christine Boles up and former mayor Sue Digre who presented her oath of office.

City Clerk Coffey presented Councilmember Boles with the certification of election presented to her from the County’s election office.

Mayor Bier invited Councilmember Boles to join Council on the dais.

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City Clerk Coffey invited Councilmember Beckmeyer up and her husband, John, who presented her oath of office.

City Clerk Coffey presented Councilmember Beckmeyer with the certificate of election presented to her from the County’s election office.

City Clerk Coffey then invited Mayor Bier to the podium with her daughter, Elisa, who presented her oath of office.

City Clerk Coffey presented Councilmember Bier the certification of election presented to her from the County’s election office.

Mayor Bier opened up public comments for the reorganization.

Gail Benjamin, Pacifica, congratulated them all for their election. She stated that Mayor Bier had a great year as mayor with great leadership. She also congratulated Mayor pro Tem Bigstyck. She hoped they can all find consensus going forward and, as Mayor Bier said, have an open heart and work together as that is how we ever get things done. She also congratulated Councilmember O’Neill, stating that she imagined they will see him in some other role.

Mayor Bier closed public comments.

E. Comments from Elected Councilmembers
Councilmember Boles stated that there is so much emotion in this moment. She wanted to say how honored and humbled she was to be before them; and for those who voted for her and those who worked hard to help her be here, she was very grateful. She knows this is a special community, and she and her husband realized that when they decided to move here in 2004.

She sees examples of that in everything she does or goes, with people jumping in to help each other when they see the need. She felt Pacifica was a special place, and people have lived here a long time and measure their ability to lead through that. As a newcomer, she is even more humbled to be here before them. She never imagined she would go into politics. She learned so much from Peter Loeb over the past few years and others such as Sue Digre, etc., who have taught her about the special place Pacifica is, its history, ordinances, preserving the hillsides and how much people care. She has been working as an architect for 35 years and has gotten to a point where she started coming to Council meetings at first looking at planning issues before getting interested in Council and the challenges the city has in terms of budgets, climate change, etc. She realized that she has some skills to offer that could be useful on Council and she was present not as a politician but as a volunteer to serve everyone. She is a team player and wants to be friends and work with them. She stated that it is different being on the other end with only three minutes as she has a lot to say in that time. She would like to keep working on how to improve the public engagement and how they cannot just take a comment but actually have conversations as there are a lot of people here and at home who want to help improve our city and they could use the help. She stated that one great honor she had was in college at MIT where she was voted for the most knocked on door on campus award because she is a good listener people like to come to and trust with information. That was an amazing part of this process this year, getting to know our community and having conversations about complicated topics, such as coastal erosion. Those are the things she wants to continue and she wants them all to know that her door is always open; she wants to develop better public

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input and respect and partnerships and together they can continue to help improve the city we all love.

Councilmember Beckmeyer wanted to thank her husband, John, who is the core of her life and was the most willing to help and do anything she needed him to do during the campaign. One thing she learned about running when you are seated on Council is it is a big difference when you are trying to be a leader and keep up with all of our Council packets, the issues, and committee work, and schedules. She thanked all the people who voted for her and supported her in being here. She looked forward to continuing to serve them. She thanked Paul Chervatin for being an even more relative newcomer to step forward and be willing to help our community.

She looks forward to the next four years. She stated that they have eight years if they are fortunate enough to be reelected to contribute what they can. She stated that a big area of her interest and focus has been our coastal issues and how we grapple with sea rise and bluff erosion and how do we protect the people who invested their lives in our community and their homes and how do we take care of our geography, all of which is a big challenge and rather daunting feat. She thinks they demonstrated the ability to do that even though it wasn’t perfect.

They have some basic key documents, and the foundation for our city is now accomplished.

She knew it was coming and they had to do it but couldn’t imagine how it was going to get done when she was first elected four years ago. They pulled together and they did it. They have seen the community pull together when there is a need or crisis and now they need to pull together to help ourselves avoid future crises.

Mayor Bier also thanked Robby Bancroft for putting himself out there, all of his heart and soul and energy, etc. over his campaign and stated the world has bigger plans for him.

F. Selection of New Mayor
Mayor Bier moved to appoint Tygarjas Bigstyck as Mayor; seconded by Councilmember Vaterlaus.

City Clerk Coffey took a vote by verbal roll call.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bier, Mayor
SECONDER: Sue Vaterlaus, Councilmember
AYES: Beckmeyer, Bier, Bigstyck, Boles, Vaterlaus
G. Selection of New Mayor pro Tem
Councilmember Beckmeyer moved to appoint Councilmember Vaterlaus as Mayor pro Tem; seconded by Councilmember Bier.

City Clerk Coffey took a vote by verbal roll call.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Beckmeyer, Bier, Bigstyck, Boles, Vaterlaus

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H. Incoming Mayor's Remarks
Mayor Bigstyck stated to let his name sink in. He stated that governance must take itself far too regularly, far too seriously, but he wished to lead with joy and a solid sense of the absurdity of our common lives together. He stated, at any moment, we will be masticating and metabolizing something other than joy together. He stated that it is right and proper to be reminded of the togetherness that is Pacifica before they get back to business. He stated, invariably, the most pernicious sense of amnesia will quickly overtake us all. He stated that some will wind up hating him or them for a decision made over a particular issue they have a conviction about.

Council might grow resentful of some Pacificans who cannot see what Council sees, by which they draw their conclusions. He stated that inevitably they all start acting with a rage toward one another for believing very strongly and very differently. He stated that he will begin with humor dressed in ceremonial tie dye by reminding them that his name is absurd and mostly so is life, at least in recent memory as he understood it. He stated that those who are not Council afficionados or rabid spectators of local governance of varying degrees, the specific role that delineates mayors in most common law cities is simply that the mayor is the member of Council who runs the meetings. Given that this is the role he is stepping into, facilitator of the myriad voices that make the decisions that will find their way to guiding this entire community, consider that this function is what informs the observations, musings and hunches that follow and probably also those that precede. He stated that, if you know him, you know he is a writer by trade and a storyteller by nature. He stated that the story he is here to tell is a simple one:

Nothing is more dangerous than a human who believes that they are right. He stated that applies to citizens but so much more does it apply to the five people with their fingers hovering constantly over the binary switch that will seal our collective fate that we must keep this firmly as the premise at the forefront of our minds. He stated that, because we are you, we are citizens, and as the five who would be the voice of 37,000, if you don’t know that they are listening, they are never going to earn their trust. He stated that, aside from being a writer, his other trade is being a grocer. He stated that, with intention, he tells them that they can find him at the Linda Mar Safeway five days out of the week, eight hours out of the day. He isn’t suggesting they back up the checkout lines, but he is suggesting that it takes almost no time to whip out a business card and connect for the sake of him making sure that he makes time to hear how you think we can make our community better for everyone. He has done what he can think to facilitate transparency, accessibility, and an open mind until the last moment that the switch is pressed or the roll taken. He states that, all of this together, they approach those issues they are going to have to work through together. They are nowhere if they don’t feel heard or if they feel that trust is missing. He stated that part is a matter of physics. There are five of them and 37,000 of them. He has given them one solution where he is concerned and part of it is that city staff is generally overworked doing yeoman’s job of trying to be as available as possible as they are feverishly working at way too much as five good-natured people have heaped gratuitously upon their plates. He stated that what might feel like excuses to some of them now, he began addressing his perception of a rift between public and city by calling upon our City Manager to investigate creating an educational series, a sort of citizen’s academy, that might lend nuance to one’s understanding of the work our staff are constantly performing. More important than that to him, he wants the public to have an opportunity to chat with staff in a comparatively informal context to expel the notion of some sort of iron curtain that might somehow be inferred as a natural consequence of a lack of time for designated interaction between public and our staff who spend their existences constantly doing all they can to create a community we all hopefully enjoy living in. While a fully open door is pragmatically infeasible, he thinks every department head being designated two hours a year to catch up with the people they are serving is not too much to ask and, if his fellow Councilmembers agree, a notch for the work plan in March.

Regardless, he can tell them that the way he formed his relationships with staff was by arriving

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at the Council meetings early and easily form relationships and understanding accordingly by seeking it out, an opportunity that was robbed of us during COVID-19 and an opportunity that is once again open to us now that our doors are not shut. He stated that it is important to him that the city strive to uplift our capacity for civil discourse because that is the skill we are going to need. He stated that he will never be able to tell Planning Director Murdock adequately how deeply grateful he is that he is our Planning Director in this time and place. He stated that our library is deteriorating, dilapidated, and outdated for the needs of our community. He has had the distinct pleasure of visiting what we deserve in the form of recently built libraries in Brisbane, Atherton, and Half Moon Bay. He sees the facilities we are lacking for the proper growth and development of our youth, parents, students, citizens of all ages and economic backgrounds, from those seeking jobs to those established in their fields, and the retired. We have a beautiful plan to enrich our lives and bring vitality to a neighborhood that would be a beating heart of our community and it is time we move forward with that plan. Speaking of moving forward, he thinks we deserve to be able to move 100 feet in any given direction in this town without rolling into a pothole. He stated, out of 101 cities in the Bay Area, we are No. 1 in the worst conditioned streets. The next words must be something about how expensive repaving that much street must invariably be. He stated that it is up to Pacifica to decide if our quality of life is worth the price tag. He personally wants to know what it would look like to have a center of inclusive learning and shared community creation, the library, and even half of our streets rehabilitated. He is not naive, which is why he thinks preparing us all to talk it through will yield the sweetest fruit, which brings them to the whale in the room, where in Pacifica, elephants are for over the hill and perhaps it’s an elephant seal in Pacifica. He stated that the Beach Boulevard Infrastructure Resiliency Project, also known as a BBIRP, is the most important infrastructure project our city may see for the next 50 years minimum. As far as he is concerned, it is not about building a wall and calling it a day. It is about protecting our community and our infrastructure, and once we know the heart of our community is momentarily safe, then having the much more difficult conversation about what phased adaptation thereto from really is and what it looks like and how many years of study, planning and action it will take to manage our coastline responsibly. He has heard the screaming matches and he is here to tell them that responsible planning cannot exist under opposing conditions and we need to act before our infrastructure crumbles to the sea. He stated to take another’s perspective as though it were one’s own, if we all thought for each other rather than against one another, what a miraculous place to exist this would be. He stated that they will be discussing the housing element, the sea wall, the library, roads, homelessness, substance abuse, coastal erosion, Coastal Commission, surf camps, short term rentals, Manor overcrossings, sea level rise, economic development, interagency land swaps, affordable housing, work force housing, market rate housing, whether or not to use the Roy Davies Trust Fund to fix parks, paying for storm drainage to alleviate flooding, cell phone towers, wetlands, wildlife interfaces and the fire danger they bring, disaster preparedness, tsunamis, earthquakes, animal overcrossings, policing, trail management, augmenting clean energy, getting rid of plastics, respecting native people, childcare, elder care, as well as basic city services. He gave a special shoutout to the firefighters as he forgot to mention during his communications last Monday. He stated that trust is earned, not given. He stated that he hears when they tell him they want to be able to trust more who they have hired to represent you and who we hire to serve you. He stated that the first thing he can offer is for you to come find him over there or send him an email. In the meantime, while they actively work on that piece, he urged the tone to be civil with one another, let alone us. He seems to recall hearing a phrase: since we are going to be neighbors anyway, we might as well be friends. He will listen to the best of his ability what each and every one of them tries to say to him but he will always hear you better when you are not shouting at him. He stated that his hunch is his fellow councilmembers likely have hearing about as good as his. He stated that as many, if not most of them know, Pacifica is Spanish for peaceful, and after Mr.

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O’Neill’s speech, all of us do know that. He asked that we work together to live up to the name of our home, the name of our community. He stated to Chris Redfield, that we are one perspective, a prism of fractured for the sake of creation that then we may be more than the cumulative sum of all that exists or could exist. He thanked city staff, all of whom work tirelessly so that we can have the best community possible. He thanked the community for giving him the opportunity to steer the conversation for a moment to see where it will go and he thanked his colleagues for the same. He sees many friends in the audience and family too. He would be remiss if he didn’t greet Nicole Fernandez from Senator Josh Becker’s office, our new County Supervisor Ray Mueller, Chris Hunter from Don Horsley’s office, school board member Liz Bredall, former mayor Sue Digre, former mayor Peter Loeb, executive director of the Pacifica Resource Center Anita Rees, and county counsel John Nibbelin. He was grateful to see his family present, his Aunt Tammy, Aunt Susie, Uncle Mark, and his mother. He thanked his mother for life and the circumstances by which he could choose to take on this role for his community and by which they could allow him to serve as he has expressed the desire to do so.

He loves his mom and is so grateful she is here at this time. He stated that he got word a couple of days ago that Martin Lecher had passed on December 1. He stated that Mr. Letcher had been a custodian for the school district while he was growing up. After a lifetime of impressions accordingly, he will miss him and he wished to adjourn this meeting in memory of Martin Letcher.

ADJOURNMENT FOLLOWED BY REFRESHMENTS
Mayor Bigstyck adjourned the meeting at 8:03 p.m. in memory of Martin Letcher.

Transcribed by Barbara Medina, Public Meeting Stenographer.

Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Tygarjas Bigstyck, Mayor

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Ratification of Proclamation of Local Emergency related to December/January Winter Storm Events
RECOMMENDED ACTION:

Adopt a Resolution ratifying the Proclamation of Local Emergency related to December/January Winter Storm Events by the City Manager acting as Director of Emergency Services issued on January 4, 2023.

STAFF CONTACT:

Yulia Carter, Assistant City Manager
(650) 501-6004
[email protected]
BACKGROUND / DISCUSSION:

On January 4, 2023, the City Manager, acting in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency pursuant to PMC 4-2.05(a) and executed the "Proclamation of the Existence of a Local Emergency" ("Proclamation").

The storm event that occurred on December 31, 2022, resulted in dangerous conditions and public safety concerns and caused damages all around the Bay Area. Like many other Bay Area Cities, Pacifica received 4.6" rain in 24 hours, which resulted in severe flooding, road closures, fallen trees, and sanitary sewer overflow events.

The weather forecast predicted another storm event on January 4, 2022. Therefore, high wind and flood watch warnings are in effect in the region from the morning of Wednesday, January 4 through the afternoon of Thursday, January 5, 2023, and rainy weather is predicted to continue in the coming weeks. The storm is expected to bring extremely high winds and excessive rainfall, risk of landslides, difficulty traveling, widespread power outages, downed trees and power lines, extensive street flooding, and flooding of creeks.

Public Works, Fire, Police Department, and other essential services staff are working diligently to prepare for another storm event and have increased staffing to assist in the coming days. In addition, the City issued a press release advising the community and media outlets on extreme weather conditions, preparedness tips, helpful resources, and emergency information.

San Mateo County Board of Supervisors declared a state of emergency on Tuesday, January 3, and activated the County's Emergency Operations Center (EOC) to coordinate resources and communication with local, regional, and state agencies.

San Mateo Cunty Department of Emergency Management is also coordinating a response to post the Preliminary Damage Assessment (PDA) to the State. Per the FEMA and CalOES rules, PDAs must be submitted to the State 72 hours after identifying an extraordinary emergency.

The Public Works department has prepared and submitted the initial PDA forms to the County 3 Packet Pg. 44
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that will be included in the countywide composite damage estimate to the State.

The County also advised that the local State of Emergency Proclamations will need to be made and submitted to the State by January 10, 2023.

The Council's approval of this item will ratify the Proclamation of Local Emergency related to December/January Winter Storm Events by the City Manager issued on January 4, 2022.

FISCAL IMPACT:

To be determined. The Proclamation of Local Emergency is a prerequisite for requesting state or federal assistance. The City will seek to recover expenses related to preparation, repair, and recovery from this storm event.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

ATTACHMENT A - Proclamation of a Local Emergency Related to the DEC JAN Winter Storm Events (PDF)
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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA RATIFYING THE

PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO THE

DECEMBER /JANUARY WINTER STORM EVENTS
WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code ("PMC") designates the City Manager as the Director of Emergency Services; and WHEREAS, Government Code section 8630 and PMC section 4-2.05(a) empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the said City is affected or likely to be affected by an emergency, subject to ratification by the City Council; and
WHEREAS, Section 4-2.02 of the PMC defines "emergency" as the "actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as earthquake, hazardous materials, plane crash, landslide, tsunami, epidemic, flood, riot, fire, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat"; and WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of Pacifica caused by recent wet weather events, including flooding and storms, occurring on December 31, 2022, and January 4, 2023, with rainy weather and high wind is predicted to continue in the coming days, at which time the City Council of the City of Pacifica was not in session; and
WHEREAS, the City Manager has determined that wet weather conditions threaten the health and safety of persons and properties, including critical public infrastructure, due to the risk of flooding and require immediate attention and repair and, as such, constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code section 1102; and
WHEREAS, such conditions are beyond the handling capability of the City's services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let the contract, pursuant to Public Contract Code 22050; and WHEREAS, on January 4, 2020, the City Manager, in his capacity as Director of 3 Packet Pg. 46
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Emergency Services, proclaimed the existence of a local emergency in the City of Pacifica after determining that wet weather conditions are likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and such proclamation is attached hereto as Attachment A.

WHEREAS, in accordance with Government Code section 8630 and PMC section 4-

2.05(a), the City Council must take action to confirm the proclamation within 7 and in accordance with Public Contract Code section 22050, which requires confirmation by 2/3 of Council within 14 days of the emergency action.

NOW, THEREFORE, BE IT RESOLVED that said Proclamation of Existence of Local Emergency, as issued by said City Manager in his capacity as Director of Emergency Services, which is attached hereto as Attachment "A," is hereby ratified and approved by the City of Pacifica City Council.

BE IT FURTHER RESOLVED that said local emergency is confirmed to exist and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Pacifica.

BE IT FURTHER RESOLVED that during the existence of this local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City of Pacifica shall be those prescribed by state law, by the existing ordinances and resolutions of the City of Pacifica, as well as this resolution and any subsequent emergency orders of the City Council.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on January 9, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

CITY OF PACIFICA
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:

Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 3 Packet Pg. 47
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Attachment A
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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Continuation of Proclamation of Local Emergency of the Pacifica Coastline RECOMMENDED 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.

STAFF CONTACT:

Lisa Petersen P.E., Director of Public Works
650-738-3767
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

On January 22, 2016, the Director of Emergency Services proclaimed the existence of a local emergency along the Pacifica coastline from Westline Drive to the end of Beach Boulevard due to El Nino storm activity. Extreme wave heights for extended periods of time caused top-of-bluff retreat at several locations along the Pacifica coast and damage to City infrastructure. Since this date, the Director of Emergency Services has proclaimed the existence of other local emergencies along this same stretch of coastline. These emergencies are described below:
• Failure of the sea wall and promenade on Beach Blvd. (in the vicinity of Santa Maria Avenue), which have been repaired, from the January 22, 2016 storm. • The 300 & 400 block of Esplanade experience episodic bluff erosion. In recent years (2016-2018), the bluff erosion has progressed to a point where the erosion is now threatening public infrastructure and utilities.
• Undermining of a seven-foot diameter storm drain outfall and concrete headwall for the discharge of Milagra Creek into the Pacific Ocean in the vicinity of 700 Palmetto Avenue from the January 22, 2016, storm. Construction is scheduled to restart in February of 2021 due to project delays.
• A failure of the seawall and promenade on Beach Blvd. in the vicinity of Santa Rosa Avenue and the Pier was discovered on December 16, 2020. Ocean waves, king tides, and high swells undermined a portion of the sea wall and created a large void (25’x25”) between the pier abutment seawall connection, affecting the sidewalk and promenade.

City staff and contractors stabilized and repaired the large void on January 22, 2021.

The sidewalk and promenade restoration were completed on February 22, 2021.

Monitoring of the repaired area is on-going.
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• On December 29, 2020, another failure of the seawall occurred approximately 150-200 feet north of the intersection of Beach Blvd. and Santa Rosa Avenue. A void, approximately 10’ deep by 15’ long, was found behind the seawall and was repaired with geotextiles and concrete slurry on January 5, 2021. Full restoration of this section was complete in February 2021. Monitoring of the repaired area is on-going. • On January 14, 2021, a combination of high tides and large waves damaged a forty-foot section of the Pacifica Municipal Pier’s west facing deck and concrete railing. Following this event, the Pier was closed due to safety concerns. City staff requested a structural engineering assessment of the above deck pier elements and a proposed repair and associated cost from a local engineering consultant. This information was provided to the City by the end of March 2021. The pier was reopened on April 2, 2021, but the damaged portion was fenced off for safety reasons. The City is currently moving forward with a repair project and is designing the repair. Construction will be funded by grant money provided through a Senate Bill 129. The City Council approved a resolution on December 13, 2021, to approve the application of the state grant funds for the repair of the pier and the application has been sent to the State Department of Parks and Recreation for processing. On May 13, 2022, the City received a Coastal Development Permit waiver from the California Coastal Commission to perform this work. A bid opening for the repair was held on June 9, 2022, and the City received one bid, which was $2 million above the project budget. Council rejected the bid and authorized the project to be rebid.

The City Council first ratified this proclamation (Attachment 1) at its regular meeting of January 25, 2016. Since that date, additional damage had occurred along Beach Boulevard and Esplanade Avenue as noted above.

Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on January 25, 2016, and since that time staff has brought the continuance of Proclamation confirming the existence of local emergency exists within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard every 30 days with December 12, 2022, being the most recent.

The City is using a combination of city staff, contractors, and consultants to manage the discussed emergency work. Staff will bring recommendations to the Council to end the emergency designation for projects on the list once conditions stabilize and the projects are no longer in need of the emergency designation.

The City Manager recommends that the City Council make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.

FISCAL IMPACT:

None.

ORIGINATED BY:

Engineering
City Clerk
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ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment - Proclamation for Beach Boulevard Local Emergency (PDF) 4 Packet Pg. 53
"ATTACHMENT 1"

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Attachment: Attachment - Proclamation for Beach Boulevard Local Emergency (5233 : Continuation of Proclamation of Local Emergency of the "ATTACHMENT 1"

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Attachment: Attachment - Proclamation for Beach Boulevard Local Emergency (5233 : Continuation of Proclamation of Local Emergency of the

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Continuation of Proclamation of Local Emergency at the Anza Pump Station.

RECOMMENDED 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.

STAFF CONTACT:

Lisa Petersen, P.E., Director of Public Works
(650) 738-3767
[email protected]
Nelson Schlater, P.E., Engineering Manager - Wastewater Public Works (650) 738-3767
[email protected]
BACKGROUND/DISCUSSION:

On Monday, March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at Pacifica State Beach. After Public Works staff investigated the report, it was determined that the storm drain pumping system and roof/bathrooms were damaged during the fire. The engines were destroyed, and the pumps needed to be replaced.

The damage to the pump station threatened and continues to threaten the safety of persons and properties within the watershed due to the risk of flooding without an operational pump station.

The City of Pacifica’s Emergency Plan and Section 4-2.01 et seq. of the Pacifica Municipal Code empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when there is an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and properties within this City.

The proclamation is subject to ratification by the City Council within 7 days, pursuant to the Pacifica Municipal Code. The proclamation of the existence of a local emergency further designates the City Manager or designated representative to act on behalf of the City for public assistance and for individual assistance for purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain available State and Federal assistance.

Additionally, pursuant to Section 3-15.09 (A) of the Pacifica Municipal Code, in cases of an emergency the City Manager is authorized to proceed at once to replace or repair any public facility without adopting plans, specifications, or working details, or giving notice for bids to let contracts. The City must comply with Public Contract Code Section 22050, which provides a process for City Council’s review of the emergency action if notice of bids to let contracts for public projects will not be given because of the emergency.

In this case, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure, which 5 Packet Pg. 56
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requires immediate attention and constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code Section 1102.

Such conditions are, or are likely to be, beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency design and repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contracts. Immediate action is, and continues to be necessary, due to the clear and imminent danger presented by any storm event that could occur during the time the storm water pump station is non-functional. Flooding could occur to areas upstream of the pump station, causing health and safety issues, as well as extensive property damage. As such, on April 8, 2020, the City Manager did proclaim the existence of a local emergency within the City and the need to continue the emergency action continues as the repair will take approximately 8-14 months or longer. The Proclamation of Local Emergency is attached to this staff report as Attachment 1.

City staff has contracted with the civil engineering firm of Schaaf & Wheeler of San Jose, California to assist the City with the rehabilitation of the pump station. In addition, the pump station has been cleared of any fire damaged debris and the damaged pumps/engines have been removed. On July 13, 2020, the City Council approved construction services agreement for rebuild and re-installation of a pump and gear drive, the renovation of bathrooms, purchase and installation of new stainless-steel doors, and repair pump station wet-well grates. As part of the on-going maintenance for the pump station, staff purchased a new pump which was approved by the Council at the August 9, 2020 City Council meeting. An emergency purchase agreement with Herc Rental for a temporary rental engine was also approved on September 1, 2020 and will remain in place until the pump station is operational. On October 12, 2020, temporary measures were completed to allow for a non-standard system of pumping at the Anza Pump Station until final repairs are completed. This work included a new pump, transfer switch, temporary roof, portable generator connections, and exterior double doors have been installed. Staff is continuing to evaluate and monitor storm water flows and purchased two new sump pumps to accommodate flows.

On May 10, 2021, City Council approved the purchase of two new Caterpillar engines utilizing the City’s established Sourcewell Cooperative Purchase Agreement. The rehabilitation plan is currently 100% completed, and staff has completed the engineering review. The roofing plan was approved by the Building Department. Staff has also completed selection of the Construction Management firm which was from the established On-Call Construction Management list. Staff is in the process of discussing permitting requirements for the overall project with the California Coastal Commission.

Staff completed the field portion of a topographic survey to support a PG&E application to reestablish natural gas service at the Anza Pump Station to supply the natural gas to run the prepurchased natural gas engines to drive the pumps. The City entered into an agreement with PG&E to tap the gas main and install a new gas meter. The City has also engaged a gas pipeline contractor for a quotation on installing the gas service line from the gas main to the gas meter. In addition, the City has submitted the Caltrans Encroachment Permit application required for gas service line construction on Highway 1 and has obtained a separate emergency Coastal Development Permit request with the California Coastal Commission for installation of the new gas line and a redundant pump/engine that was approved.

During a storm event on the morning of December 16, 2021, the City experienced some flooding in the lower Linda Mar area due to the temporary nonstandard pumping system that has been in use at Anza pump station due to the fire damaged pump station engines in March of 2020. This temporary system has been in place because the City has been working to reach agreement with the California Coastal Commission on the remaining permitting requirements for 5 Packet Pg. 57
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the permanent pumping system. The City faced several significant stormwater related events from October 2021 through December 2021 and will face more with the continuing storm season. Replacement of this temporary system is considered an emergency and staff is moving forward with construction of the permanent system. To further improve operations between now and when the Anza Pump Station Repair Project is completed, the City recently purchased a small diesel engine that will be used to drive one of the existing smaller stormwater pumps, thereby improving pump station resiliency in the interim. Staff issued a public request to prequalify bidders for the Anza Pump Station project in December 2021. Ultimately, two contractors were deemed qualified to bid on the project. Both contactors submitted bids for the project in February of 2022. The contractors specialize in pump stations.

As of May 1, 2022, the Anza Pump Station Repair Project’s General Contractor, DW Nicholson (DWN), has begun the work and is focusing on providing project equipment submittals and requests for information (RFIs). DWN is currently onsite and working. City consultant team members Schaaf and Wheeler (engineer of record providing construction support) and Ghirardelli and Associates (third-party construction manager) are working closely with City staff to process paperwork, respond to questions along with other issues as they arise, and manage the construction work. Active construction continues at the Anza Pump Station. Except for the roof hatches, the roof installation is complete. The Project continues to finalize electrical equipment submittals and continues coordination with the engine supplier. Two new gas engines were delivered to the site mid-December and are in the process of being installed. The third new gas engine delivery is anticipated in February. Supply chain issues with electrical panels and components; coordination with new gas engine installation; and delays from PG&E are anticipated to slip Project completion into the May 2023 timeframe. In addition, the project to construct a new 2-inch gas service line for the new gas engines was awarded to Casey Construction. Installation of the new 2-inch gas service line in the parking lot east of the Anza Pump Station was completed in October. Installation of the new 2-inch gas service line from the parking lot into the Caltrans Right of Way near the existing PG&E gas main was completed end of November. PG&E requires additional utility location verification prior to moving forward with the new gas service line tie in to the existing gas main, and therefore it is anticipated that the tie in work will occur in late January 2023. The last step in this process will consist of PG&E installing their gas meter and regulator at the Anza Pump Station in February 2023.

Pursuant to Government Code Section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on April 13, 2020, and since that time staff has brought the continuance of Proclamation confirming the existence of local emergency at the Anza Pump Station every 30 days with December 12, 2022, being the most recent.

The City is using a combination of city staff, consultants, and contractors to manage the emergency work related to the Anza Pump Station repair project. The City Manager recommends that the City Council make a determination that conditions of local emergency continue to exist at the Anza Pump Station at the Pacifica State Beach. Staff will continue to update the Council on the progress of this emergency work monthly through the emergency declaration Council reports
FISCAL IMPACT:

There is no fiscal impact to continue this local emergency.

ORIGINATED BY:
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Public Works - Wastewater Division
ATTACHMENT LIST:

Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (PDF)
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RESOLUTION NO. 19-2020

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY AT THE

ANZA PUMP STATION AT THE PACIFICA STATE BEACH
______________________________________________________
WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code (“PMC”) designate the City Manager as the Director of Emergency Services; and
WHEREAS, Government Code section 8630 and PMC section 4-2.05(a) empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by an emergency, subject to ratification by the City Council; and
WHEREAS, Section 4-2.02 of the PMC defines "emergency" as the “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as earthquake, hazardous materials, plane crash, landslide, tsunami, epidemic, flood, riot, fire, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat”; and
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council; and WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated the report, it was determined that the storm drain pumping system was damaged during the fire and that the engine and the motors would need to be replaced; and
WHEREAS, the damage to this pump station threatens the safety of persons and properties within the watershed due to the risk of flooding that can occur without an operational pump station; and WHEREAS, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure due to the risk of flooding and requires immediate attention and repair and as such constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code section 1102; and WHEREAS, such conditions are beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contract, ATTACHMENT 1

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5234 : Continuance pursuant to Public Contract Code 22050; and
WHEREAS, on April 8, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the damaged condition of the Anza Pump Station is likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and WHEREAS, in accordance with Government Code section 8630 and PMC section 4-2.05(a) the City Council must take action to confirm the proclamation within 7 and in accordance with Public Contract Code section 22050 which requires confirmation by 2/3 of Council within 14 days of the emergency action.

NOW, THEREFORE, BE IT RESOLVED that said Proclamation of Existence of Local Emergency, as issued by said City Manager in his capacity as Director of Emergency Services, which is attached hereto as Attachment “A”, is hereby ratified and approved by the City of Pacifica City Council.

BE IT FURTHER RESOLVED that said local emergency is confirmed to exist and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Pacifica.

BE IT FURTHER RESOLVED that during the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services, and the emergency organization of the City of Pacifica shall be those prescribed by state law, by the existing ordinances and resolutions of the City of Pacifica, as well as this resolution and any subsequent emergency orders of the City Council. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of April 2020, by the following vote:

AYES, Councilmembers: Martin, Beckmeyer, Vaterlaus, Bier, O’Neill NOES, Councilmembers: None.

ABSENT, Councilmembers: None.

ABSTAIN, Councilmembers: None.

CITY OF PACIFICA
Deirdre Martin, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5234 : Continuance

PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council at the earliest possible time; and
WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a call regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated, and determined that the storm drain pumping system was damaged during the fire; and
WHEREAS, the damage to the pump system threatens the safety of persons and property, including critical public infrastructure; and
WHEREAS, such conditions are or are likely to be beyond the handling capabilities of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair; and
WHEREAS, the City provides this written notification to the San Mateo County and State CalEMA’s Regional and Headquarter offices of a proclamation of local emergency; and WHEREAS, such proclamation shall be subject to confirmation by the Pacifica City Council at the earliest possible time.

NOW, THEREFORE, BE IT PROCLAIMED that, in accordance with State Law and the City of Pacifica Municipal Code, the Director of Emergency Services proclaims the existence of a local emergency for the Anza Pump Station.

DATED: April 8, 2020
By:_____________________________
Kevin Woodhouse
Director of Emergency Services
Attachment 1

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5234 : Continuance

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5234 : Continuance

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Continuation of Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”).

RECOMMENDED ACTION:

Accept report and make determination that conditions of local emergency continue to exist regarding Novel (new) Coronavirus ("COVID-19”).

STAFF CONTACT:

Kevin Woodhouse, City Manager
(650) 738-7409
[email protected]
BACKGROUND/DISCUSSION:

On March 16, 2020, the City Manager, acting in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency pursuant to PMC 4-2.05(a) and executed the "Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19")" ("Proclamation"). On March 18, 2020, the City Council of the City of Pacifica adopted Resolution No. 18-2020 to ratify the Proclamation of local emergency due to COVID-19 (Attachment 1). The City’s Proclamation was sent to San Mateo County Offices of Emergency Services and the California Governor’s Office of Emergency Services (CalOES) and allows the City to seek state and federal funds relating to the emergency.

This proclamation of local emergency was based on the following findings.

BACKGROUND:

On January 30, 2020, the World Health Organization (“WHO”) declared the COVID-19 outbreak a public health emergency of international concern. On January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States of America. The United States Centers for Disease Control and Prevention (“CDC”) determined the virus presented a serious public health threat, requiring coordination among state and local health departments to ensure readiness for potential health threats associated with the virus.

On March 3, 2020, both the Director of Emergency Services of the County of San Mateo and the San Mateo County Health Officer issued proclamations of local emergencies based on the imminent and proximate threat to public health from the introduction of COVID-19 in San Mateo County. The San Mateo County Board of Supervisors ratified both proclamations on March 10, 2020.

On March 4, 2020, Governor Gavin Newsom declared a State of Emergency to make additional 6 Packet Pg. 64
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resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19.

On March 11, 2020, the WHO declared a global pandemic due to the significant spread of the virus and the increased numbers of confirmed cases worldwide.

On March 13, 2020, then President Donald J. Trump issued a Proclamation Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak finding that the COVID-19 outbreak in the United States constituted a national emergency, beginning as of March 1, 2020.

As of June 15, 2021, the California Governor terminated the Executive Orders that put into place the Stay Home Order and the Blueprint for a Safer Economy, and also phased out the majority of executive actions put in place since March 2020 as part of the pandemic response, leaving a subset of provisions in place that facilitate the ongoing recovery. Governor’s Orders currently in effect were N-07-21 and N-08-21, both adopted on June 11, 2021.

The California State Public Health Officer issued a new Order on June 11, 2021, to be effective June 15, 2021, which superseded all prior State health orders. Restrictions that ended on June 15, 2021, include: physical distancing, capacity limits on businesses and the County tier system.

Starting on June 15, 2021, California reopened the economy and the state moved beyond the Blueprint for a Safer Economy system. All sectors listed in the current Blueprint returned to usual operations based on general public health recommendations. Starting on June 15, 2021, capacity and distancing restrictions were lifted for most businesses and activities.

In March 2020, the City closed public access to many City facilities, consistent with the State and County health orders in effect at that time. City operations continued with adjusted programs and services, staffing levels and modified operations to support a predominantly remote work model in order to protect public safety and to limit the potential for exposure to the COVID-19 virus. The City has further modified its operations and guidelines based on the orders and guidelines that went into effect on June 15, 2021.

Governor’s Executive Order N-08-21 continued modifications of the Brown Act to allow for local legislative bodies to hold meetings via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, and supersedes the provisions previously set forth in Executive Order N-29-20, paragraph 3. These provisions of Executive Order N-08-21, subsection 42 applied through September 30, 2021.

On August 2, 2021, the Health Officer of the County of San Mateo issued Order No. C19-12 mandating the wearing of face coverings when indoor in workplaces and public settings, with limited exceptions. This Order was issued due to evidence of the SARS-CoV-2 B.1.617.2 (Delta) variant circulating in San Mateo County. This variant is highly transmissible in indoor settings. San Mateo County Health Order No. C19-12 was ordered effective at 12:01 am on August 3, 2021, and will continue to be in effect until extended, rescinded, superseded, or amended in writing by the Health Officer.

On September 16, 2021, Assembly Bill 361 (AB 361) was signed by the Governor and went into effect immediately upon signature as urgency legislation (codified under Government Code § 54953). AB 361 amends the Brown Act to provide additional provisions that allow meetings of legislative bodies to be conducted via teleconference.

In late November 2021, a new concerning COVID-19 variant was discovered and identified as 6 Packet Pg. 65
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the Omicron variant. The Omicron variant spreads rapidly even amongst some vaccinated individuals.

In December 2021, in response to the rapid spread of the Omicron variant, the California Department of Public Health issued guidance requiring masking indoors through January 15, 2022. This requirement was subsequently extended to February 15, 2022.

On January 8, 2022, the California Department of Public Health issued Updated Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public. The guidance updated isolation and quarantine recommendations in alignment with recommendations from the Centers for Disease Control and Prevention (CDC), recommends additional mitigation measures to exit isolation and quarantine, and clarifies that fully vaccinated persons who are booster-eligible, but have not yet received their booster dose are now recommended to quarantine per updated CDC recommendations.

With COVID-19 case rates subsiding in early February 2022, on February 9, 2022, the County of San Mateo Health Officer announced that San Mateo County would align with the state in lifting its indoor mask mandate for vaccinated persons beginning February 16, 2022. Order No.

C19-12 issued on August 2, 2021, by the Health Officer of the County of San Mateo mandating the wearing of face coverings when indoors in workplaces and public settings was also rescinded in full on February 16, 2022.

Effective March 1, 2022, the State revised its mask mandate requirement such that unvaccinated individuals are no longer required to mask in indoor public settings; however, it is strongly recommended that all persons, regardless of vaccine status, continue indoor masking.

Universal masking shall remain required in specified high-risk settings such as public transportation; health care settings; congregate settings; long term care facilities; and in K-12 schools and childcare settings. As of March 11, 2022, the universal masking requirement for K12 and Childcare settings was terminated.

CURRENT ANALYSIS:

The following updates have occurred since the December 12, 2022 regular City Council meeting. The state of emergency regarding COVID-19 issued by the Governor remains in place, as do the COVID-19 Community Levels (low, medium, and high) for masking recommendations. CDC recommendations continue to emphasize staying up to date with vaccination, improving ventilation, testing persons who are symptomatic and those who have been exposed, and isolating infected persons. Persons can use information about the current level of COVID-19 impact on their community to decide which prevention behaviors to use and when (at all times or at specific times), based on their own risk for severe illness and that of members of their household, their risk tolerance, and setting-specific factors. At the low CDC COVID-19 Community Level, the CDPH recommends that vulnerable people consider taking additional precautions, including wearing a mask in crowded indoor public places.

The number of reported cases and hospitalizations categorize San Mateo County in the CDC’s Low COVID-19 Community Level per the San Mateo County Health Officer’s update as of January 2, 2023. In San Mateo County the updated COVID-19 bivalent booster vaccines effective against the original strain of the virus and the Omicron variants are readily available at primary care practices and pharmacies across the county, and these updated boosters are recommended and currently available for those ages 5 and older (Pfizer Bivalent Booster) or ages 6 and older (Moderna Bivalent Booster).

FISCAL IMPACT:
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None by this action; however, continuation of the local emergency will facilitate the ability for the City to request resources including financial support and reimbursement from the State Office of Emergency Services (OES) and Federal Emergency Management Agency (FEMA) for costs incurred in preparation and/or response to the COVID-19 outbreak.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Resolution No 18-2020 - Ratifying Local Emergency Due to COVID-19 (PDF) 6 Packet Pg. 67

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Attachment: Attachment A: Resolution No 18-2020 - Ratifying Local Emergency Due to COVID-19 (5232 : Continuation of Proclamation of Local

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Attachment: Attachment A: Resolution No 18-2020 - Ratifying Local Emergency Due to COVID-19 (5232 : Continuation of Proclamation of Local

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Attachment: Attachment A: Resolution No 18-2020 - Ratifying Local Emergency Due to COVID-19 (5232 : Continuation of Proclamation of Local

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

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
RECOMMENDED 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.

STAFF CONTACT:

Kevin Woodhouse, City Manager
650-738-7409
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND:

On March 4, 2020, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19. On March 16, 2020, the City Manager, acting in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency pursuant to PMC 4-2.05(a) and executed the "Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19")" ("Proclamation"). On March 18, 2020, the City Council of the City of Pacifica adopted Resolution No. 18-2020 to ratify the Proclamation of local emergency due to COVID-19 and continues to affirm the existence of the local emergency.

From the Special City Council Meeting held on March 18, 2020, for the purpose of adopting Resolution No. 18-2020 ratifying the City Manager’s Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus (“COVID-19”), through the Special City Council Meeting held on October 10, 2022, all City Council, Committee and Commission meetings were held via videoconference using a Zoom Meeting or Zoom Webinar platform with no physical meeting location open to the public. The Governor’s Executive Orders N-25-20 and N-29-20 suspended certain requirements of the Brown Act to allow for public meetings to be held via teleconferenced meetings, either via audio or video or both, for all members of the body to participate from remote locations with no physical meeting location open to the public.

The Governor’s Executive Order N-08-21 issued on June 11, 2021, provided local jurisdictions a basis upon which to continue conducting public meetings via videoconference without a physical 7 Packet Pg. 74
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location open to the public under the relaxed provisions of the Brown Act until September 30, 2021.

On August 2, 2021, the Health Officer of the County of San Mateo issued Order No. C19-12 mandating the wearing of face coverings when indoors in workplaces and public settings, with limited exceptions. This Order was issued due to evidence of the SARS-CoV-2 B.1.617.2 (Delta) variant circulating in San Mateo County. This variant is highly transmissible in indoor settings. San Mateo County Health Order No. C19-12 was ordered effective at 12:01 am on August 3, 2021.

Assembly Bill 361 (AB 361) was signed by the Governor on September 16, 2021 and went into effect immediately upon signature as urgency legislation (codified under Government Code § 54953). AB 361 amends the Brown Act to provide additional provisions that allow meetings of legislative bodies to be conducted via teleconference. Its provisions allow a local agency legislative body to meet without complying with the standard teleconferencing requirements of the Brown Act if the Governor has proclaimed a State of Emergency and any of the following occurs:
1) State or local officials have imposed or recommended measures to promote social distancing,
2) the meeting is being held for the purposes of determining, by a majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees;
3) the legislative body has determined that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

In addition, AB 361 adds new procedures and clarifies the requirements for conducting remote meetings, including the following:
• Public Comment Opportunities in Real Time - a legislative body that meets remotely pursuant to AB 361 must allow members of the public to access the meeting via a call-in option or an internet-based service option, and the agenda for the remote meeting must provide an opportunity for members of the public to directly address the body in real time. A legislative body cannot require public comments to be submitted in advance of the meeting.
• No Action During Disruptions - in the event of a disruption that prevents the local agency from broadcasting the remote meeting, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, AB 361 prohibits the legislative body from taking any further action on items appearing on the meeting agenda until public access is restored.
• Periodic Findings - Government Code § 54953(e)(B) requires the legislative body to hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees.

AB 361 will sunset on January 1, 2024.

DISCUSSION:

At the regular meeting of the City Council held on October 11, 2021, the City Council adopted 7 Packet Pg. 75
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Resolution No. 63-2021 making findings as required by AB 361 to permit the City Council and City Committees and Commissions to conduct teleconferenced meetings due to the health and safety concerns relating to COVID-19. The resolution also directed staff to agendize for Council consideration no less than every 30 days the need to continue to utilize teleconferenced meetings pursuant to AB 361. The City Council subsequently adopted the following resolution numbers, re-affirming the findings required by AB 361 to continue to conduct teleconferenced public meetings due to COVID-19 risk:
• Resolution No. 63-2021 on October 11, 2021
• Resolution No. 69-2021 on November 8, 2021
• Resolution No. 80-2021 on December 13, 2021
• Resolution No. 01-2022 on January 10, 2022
• Resolution No. 07-2022 on February 14, 2022
With the COVID-19 update provided at the City Council meeting held on February 28, 2022, it was reported that although the Omicron variant spread rapidly during and after the December 2021 holiday season, with positive case rates spiking in mid-January 2022, there had been a dramatic decrease in positive cases in the third week of February, the health effects of the Omicron variant generally much less severe for vaccinated persons, and San Mateo County has a 93.9% vaccination rate for ages 5+. Effective February 16, 2022, the County of San Mateo Health Officer announced that Health Officer Order No. c19-12 (For The Wearing of Face Coverings In Workplaces And Public Settings issued on August 2, 2021) was rescinded in full.

As a result of the decrease in case rates, lower health risks and higher vaccination rates, at the City Council meeting held on February 28, 2022, the City Manager had recommended the return to in-person City Council and City Committee and Commission meetings beginning March 14, 2022. The City Council approved of the return to in-person meetings beginning March 14, 2022, by majority vote at the February 28, 2022 City Council meeting.

At the City Council meeting held on May 23, 2022, with the increase in COVID-19 incidence and transmission and the vulnerability of certain segments of the population, the City Council authorized public meetings of the City Council and City Commissions and Committees to return to teleconferenced meetings with no physical location open to the public due to the health and safety concerns relating to COVID-19. The City Council subsequently adopted the following resolution numbers, re-affirming the findings required by AB 361 to continue to conduct teleconferenced public meetings due to COVID-19 risk:
• Resolution No. 23-2022 on May 23, 2022
• Resolution No. 26-2022 on June 13, 2022
• Resolution No. 41-2022 on July 11, 2022
• Resolution No. 46-2022 on August 8, 2022
• Resolution No. 56-2022 on September 12, 2022
• Resolution No. 66-2022 on October 10, 2022
• Resolution No. 76-2022 on November 14, 2022
• Resolution No. 84-2022 on December 12, 2022
CURRENT ANALYSIS:

The following updates have occurred since the December 12, 2022 regular City Council meeting. The state of emergency regarding COVID-19 issued by the Governor remains in place, as do the COVID-19 Community Levels (low, medium, and high) for masking recommendations. CDC recommendations continue to emphasize staying up to date with vaccination, improving ventilation, testing persons who are symptomatic and those who have 7 Packet Pg. 76
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been exposed, and isolating infected persons. Persons can use information about the current level of COVID-19 impact on their community to decide which prevention behaviors to use and when (at all times or at specific times), based on their own risk for severe illness and that of members of their household, their risk tolerance, and setting-specific factors. At the low CDC COVID-19 Community Level, the CDPH recommends that vulnerable people consider taking additional precautions, including wearing a mask in crowded indoor public places.

The enclosed Resolution continues to make the required findings under AB 361, and if adopted, it will allow the City the option to continue to conduct City Council and City Commission and Committee meetings via teleconference with no physical location open to the public, to help mitigate the spread of COVID-19, as well as during other state-proclaimed emergencies, such as earthquakes or wildfires, where physical attendance may present a risk.

The resolution also directs staff to agendize for Council consideration no less than every 30 days the need to continue to utilize teleconferenced meetings pursuant to AB 361 if found that there is a continued risk to public health and safety.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
“An Engaged Community” - includes taking actions to restore trust in city government, expanding communication, and building community.
“Maintaining a Safe Community” - includes support our first responders (police, fire, public works), responding to emergencies, protecting people, property, businesses, and our infrastructure (streets, sidewalks, storm and waste water), and engaging in emergency preparedness and prevention activities.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Full text of AB 361 (PDF)
Attachment B: Resolution No. 18-2020 - Ratifying Local Emergency Due to COVID-19 (PDF) 7 Packet Pg. 77
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RESOLUTION NO. __-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA MAKING FINDINGS AS REQUIRED BY AB 361 TO PERMIT THE CITY COUNCIL AND CITY

COMMITTEES AND COMMISSIONS ESTABLISHED BY THE COUNCIL TO CONDUCT

TELECONFERENCED MEETINGS DUE TO THE HEALTH AND SAFETY CONCERNS RELATING TO COVID-19
WHEREAS, on March 4, 2020, as part of the State of California’s response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 16, 2020, at 12:11 p.m., the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the rapidly widespread of COVID-19 is likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City and executed the “Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”)” (“Proclamation”); and WHEREAS, on March 18, 2020, the City Council of the City of Pacifica adopted Resolution No. 18-2020 ratifying the “Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”)”, which continues to remain in place; and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on August 2, 2021, the Health Officer of the County of San Mateo issued Order No. C19-12 mandating the wearing of face coverings when indoors in workplaces and public settings, with limited exceptions due to the COVID-19 Delta variant circulating in San Mateo County and evidence of the Delta variant being highly transmissible in indoor settings; and
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WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and
WHEREAS, the City of Pacifica has conducted public meetings of City Council and City Committees and Commissions via teleconference from March 18, 2020, through October 10, 2022, under the modified provisions of the Brown Act as allowed for by Governor’s Orders N-29-20, N-08-21 and/or N-15-21 in effect at the time; and WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including:
• Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option;
• The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; • Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time;
• Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings; and
WHEREAS, on August 2, 2021, the Health Officer of the County of San Mateo issued Order No. C19-12 mandating the wearing of face coverings when indoors in 7 Packet Pg. 79
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workplaces and public settings, with limited exceptions. This Order was issued due to evidence of the SARS-CoV-2 B.1.617.2 (Delta) variant circulating in San Mateo County.

This variant is highly transmissible in indoor settings. San Mateo County Health Order No.

C19-12 was ordered effective at 12:01 am on August 3, 2021; and WHEREAS, in December 2021 and January 2022 the COVID-19 Omicron variant has been observed by scientists and medical professionals to spread rapidly even amongst some vaccinated individuals and continues to present a health and safety risk to the public; and
WHEREAS, effective February 16, 2022, the County of San Mateo Health Officer announced that Health Officer Order No. c19-12 (For The Wearing of Face Coverings In Workplaces And Public Settings issued on August 2, 2021) was rescinded in full; and WHEREAS, the County of San Mateo Health Officer strongly recommends getting vaccinated or boosters for COVID-19, improve ventilation throughout indoor spaces as much as possible, wear a well-fitting mask in crowded indoor public places, and continue to follow State isolation and quarantine guidance to prevent the spread of COVID-19; and WHEREAS, as of the week of January 2, 2023, the County of San Mateo Health Officer and the Centers for Disease Control (CDC) continue to strongly recommend that all persons, regardless of vaccine status, continue to mask in indoor public settings; and WHEREAS, the Centers for Disease Control (CDC) has cautioned that some people and communities, such as our oldest citizens, people who are immunocompromised, and people with disabilities, are at higher risk for serious illness due to COVID-19 and should take additional precautions such as avoiding crowded indoor activities with poor ventilation; and
WHEREAS, on May 23, 2022; June 13, 2022; July 11, 2022; August 8, 2022; September 12, 2022; October 10, 2022; November 14, 2022; and December 12, 2022; the City Council of the City of Pacifica adopted Resolution Nos. 23-2022, 26-2022, 41-2022, 46- 2022, 56-2022, 66-2022, 76-2022, and 84-2022, respectively, making findings as required by AB 361 to permit the City Council and City Committees and Commissions to conduct teleconferenced meetings to due to public health and safety concerns related to COVID-19; and
WHEREAS, the City cannot ensure that social distancing can be maintained by Councilmembers, Commissioners, Committee members and/or members of the public in Council Chambers or at other locations where City Committees and Commissions regularly meet for the duration of meetings in order to safeguard the most vulnerable populations, and COVID-19 variants when transmission rates pose an imminent and serious risk to public health.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica, California, as follows:

SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.

SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, Council appointed Commissions and Committees, City staff and consultants to meet safely in person and would present imminent risks to the health and safety of attendees.

SECTION 3. The State of California and the City of Pacifica continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating teleconferencing to allow for meaningful public participation options for all Pacifica constituents.

SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Council and Council appointed Commissions and Committees are authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby.

SECTION 5. The City Council determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council and appointed Committees and Commissions members to meet safely in person.

SECTION 6. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

SECTION 7. Effective Date: This Resolution shall become effective immediately upon adoption.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 9th day of January, 2023, by the following vote:

AYES, Councilmembers:
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January 09, 2023
NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 7 Packet Pg. 82
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel
’
s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly

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Attachment: Attachment A: Full text of AB 361 (5231 : Resolution - AB 361 to Permit Teleconferenced Meetings due to COVID-19) resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.
92 Ch. 165 — 2 —

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Attachment: Attachment A: Full text of AB 361 (5231 : Resolution - AB 361 to Permit Teleconferenced Meetings due to COVID-19) This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 — 3 — Ch. 165

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Attachment: Attachment A: Full text of AB 361 (5231 : Resolution - AB 361 to Permit Teleconferenced Meetings due to COVID-19) to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4)  This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5)  This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6)  The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 Ch. 165 — 4 —

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Attachment: Attachment A: Full text of AB 361 (5231 : Resolution - AB 361 to Permit Teleconferenced Meetings due to COVID-19) and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b)  (1)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the legislative body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c)  A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 — 5 — Ch. 165

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Attachment: Attachment A: Full text of AB 361 (5231 : Resolution - AB 361 to Permit Teleconferenced Meetings due to COVID-19) (2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website.
(f)  All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b)  (1)  For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the state body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c)  A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 Ch. 165 — 6 —

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Attachment: Attachment A: Full text of AB 361 (5231 : Resolution - AB 361 to Permit Teleconferenced Meetings due to COVID-19) or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f)  All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 — 7 — Ch. 165

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Attachment: Attachment A: Full text of AB 361 (5231 : Resolution - AB 361 to Permit Teleconferenced Meetings due to COVID-19) 54953. (a)  All meetings of the legislati
ve body of a local agency shall
be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

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Attachment: Attachment A: Full text of AB 361 (5231 : Resolution - AB 361 to Permit Teleconferenced Meetings due to COVID-19) (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 — 9 — Ch. 165

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Attachment: Attachment A: Full text of AB 361 (5231 : Resolution - AB 361 to Permit Teleconferenced Meetings due to COVID-19) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

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ve, or state or local officials have
imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 — 11 — Ch. 165

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which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 Ch. 165 — 12 —

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In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 — 13 — Ch. 165

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ve body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 Ch. 165 — 14 —

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ve body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 — 15 — Ch. 165

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Attachment: Attachment A: Full text of AB 361 (5231 : Resolution - AB 361 to Permit Teleconferenced Meetings due to COVID-19) members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 Ch. 165 — 16 —

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ve body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

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2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 Ch. 165 — 18 —

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Packet Pg. 100 Attachment: Attachment A: Full text of AB 361 (5231 : Resolution - AB 361 to Permit Teleconferenced Meetings due to COVID-19) (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

O
92 — 19 — Ch. 165

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Consideration of Resolution Authorizing City Manager to Execute Agreements with California Department of Tax and Fee Administration (CDTFA) to set up, administer and operate the City of Pacifica Transactions and Use Tax Ordinance, and Resolution Authorizing HDL Companies to Examine Confidential Tax Information for Purposes of Audit RECOMMENDED ACTION:

Consider and Approve the Agreements and Adopt the Resolutions to allow the California Department of Tax and Fee Administration (CDTFA) to administer and operate the City's Transactions and Use Tax Ordinance and adopt resolution authorizing HDL Companies to access confidential sales or transactions and use tax records for purposes of auditing.

STAFF CONTACT:

Yulia Carter, Assistant City Manager
(650) 501-6004
[email protected] <mailto:[email protected]>
INTRODUCTION:

On November 8, 2022, a General Election was held where a majority of voters approved an Ordinance to establish a ½ Cent Transactions and Use Tax (TUT) in the City of Pacifica. The City Council adopted a Resolution Declaring the Canvass of Returns and Results of the General Municipal Election of November 8, 2022 at their meeting held on December 15, 2022.

The ½ Cent Transactions and Use Tax will begin being collected on April 1, 2023. Pursuant to Section 7270 of the Revenue and Taxation Code, Cities and Counties are required to contract with the California Department of Tax and Fee Administration (CDTFA) for the administration of the Ordinance imposing the 1/2 Cent Transactions and Use Tax prior to the new tax taking effect.

The CDTFA performs all functions related to the administration and operation of the ordinance.

BACKGROUND:

There are two contracts with the CDTFA to establish the new TUT in Pacifica. One contract is to set up the tax while the second is for ongoing administration. In addition, since the 1/2 Cent Transactions and Use Tax is separate and distinct from the Local Sales and Use Tax (also known as the Bradley-Burns Sales and Use Tax), a Resolution of Confidentiality for access to the allocation data by the City and its Sales Tax Revenue Audit Firm (HdL Companies) is also required. The attached Resolution of Confidentiality has been updated to cover both the Local Sales and Use Tax and the new TUT.

The attached Resolution authorizes the City Manager to execute the Agreements with the CDTFA. These documents are attached to this Council Report as Attachments 1 through 5.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

These items advance the Vision 2025 & Beyond Council Priority and further the City Council’s 8 Packet Pg. 108
Pacifica City Council 2
January 09, 2023
Strategic Goal of Fiscal Sustainability.

FISCAL IMPACT:

The ½ Cent Transactions and Use Tax is estimated to generate $2.6 Million per year in revenues. These revenues will begin to be collected on April 1, 2023 (as noted above).

Under the provisions of Revenue and Taxation Code Section 7272, the City will pay the CDTFA an annual amount for the establishment and operation of the ½ Cent Transactions and Use Tax district in Pacifica. The annual amount charged to the City covers the CDTFA’s direct and indirect costs, which shall not exceed $175,000 as enumerated in the Code Section 7272. This is a required annual cost that will be subtracted from the total revenue remittances from the Transactions and Use Tax.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Attachment 1 - Resolution Authorizing City Manager to Execute Agreements with CDTFA (DOCX)
Attachment 2 - Preparatory Agreement (DOCX)
Attachment 3 - Administration Agreement (DOCX)
Attachment 4 - Resolution Re Examination of Tax Information (DOCX) Attachment 5 - Designation Letter to the CDTFA (DOCX)
8 Packet Pg. 109
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA

DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A

LOCAL TRANSACTIONS AND USE TAX
WHEREAS, on December 15, 2022 the City Council certified the election results in Council Resolution No. 88-2022 where the voters approved Ordinance No. 887-C.S. amending the City Municipal Code and providing for a Local Transactions and Use Tax; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes, and WHEREAS, the Department requires that the City Council authorize the agreements; NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Pacifica does resolve and order that the “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and City Manager is hereby authorized to execute each agreement.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 9th day of January, 2023 by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney

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EXHIBIT
A
Preparatory Agreement

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EXHIBIT B
Administrative Agreement

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AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE

CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Pacifica, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:

1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.

2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.

3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.

4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.

5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.

6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)

8.b
Packet Pg. 113 Attachment: Attachment 2 - Preparatory Agreement [Revision 1] (5241 : Measure Y Agreement with CDTFA) 2 7. Communications and notices may be sent by first class United States mail. Communications and notices to be sent to the Department shall be addressed to:

California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:

City of Pacifica
City Hall
540 Crespi Drive
Pacifica, CA 94044
Attention: City Manager

8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.

CITY OF PACIFICA CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION
By By
Kevin Woodhouse Administrator
City Manager Local Revenue Branch
Date: _____________ Date: _____________
(Rev. 11/17)

8.b
Packet Pg. 114 Attachment: Attachment 2 - Preparatory Agreement [Revision 1] (5241 : Measure Y Agreement with CDTFA) Attachment 3

AGREEMENT FOR STATE ADMINISTRATION

OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Pacifica has adopted, and the voters of the City of Pacifica (hereafter called “City” or “District”) have approved by the required majority vote, Ordinance No. 887- C.S., An Ordinance of the City of Pacifica Adopting Chapter 19, “Transactions and Use (Sales) Tax” of Title 3 of the Pacifica Municipal Code to Impose a ½ Cent Transactions and Use Tax (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows:

ARTICLE I

DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:

1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.

2. "City Ordinance" shall mean the Ordinance referred to above and attached hereto, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.

ARTICLE II

ADMINISTRATION AND COLLECTION

OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance.

8.c
Packet Pg. 115 Attachment: Attachment 3 - Administration Agreement [Revision 1] (5241 : Measure Y Agreement with CDTFA) B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.

C. Transmittal of money.

1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.

2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.

3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.

D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.

E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear.

8.c
Packet Pg. 116 Attachment: Attachment 3 - Administration Agreement [Revision 1] (5241 : Measure Y Agreement with CDTFA) F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.

G. Records of the Department.

When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.

H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.

ARTICLE III

ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:

1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion of the

8.c
Packet Pg. 117 Attachment: Attachment 3 - Administration Agreement [Revision 1] (5241 : Measure Y Agreement with CDTFA) Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.

2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.

B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.

ARTICLE IV

COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.

ARTICLE V

MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate.

A notification is complete when deposited in the mail.

Communications and notices to be sent to the Department shall be addressed to:

California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch

8.c
Packet Pg. 118 Attachment: Attachment 3 - Administration Agreement [Revision 1] (5241 : Measure Y Agreement with CDTFA) Communications and notices to be sent to the City shall be addressed to:

City of Pacifica
City Hall
540 Crespi Drive
Pacifica, CA 94044
Attention: City Manager
Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.

B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on ______________. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.

C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal.

8.c
Packet Pg. 119 Attachment: Attachment 3 - Administration Agreement [Revision 1] (5241 : Measure Y Agreement with CDTFA)

ARTICLE VI

ADMINISTRATION OF TAXES IF THE

ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.

1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.

2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and nonappealable.

B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:

1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.

2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.

3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.

4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and

8.c
Packet Pg. 120 Attachment: Attachment 3 - Administration Agreement [Revision 1] (5241 : Measure Y Agreement with CDTFA) developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.

5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.

6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.

7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.

CITY OF PACIFICA CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION
By By
Kevin Woodhouse Administrator
City Manager Local Revenue Branch
Date: _____________ Date: _____________

8.c
Packet Pg. 121 Attachment: Attachment 3 - Administration Agreement [Revision 1] (5241 : Measure Y Agreement with CDTFA) Attachment 4
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS WHEREAS, the City of Pacifica (City) has previously entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, pursuant to Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Pacifica deems it desirable and necessary for authorized officers, employees, and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use collected by the Department for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFICA HEREBY RESOLVES AS FOLLOWS:

Section 1. That the City Manager, Assistant City Manager, Deputy Finance Director, Economic Development Manager, Management Analyst, or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.

Section 2.

The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the City:
(a) Budget Preparation, Revenue Estimates and Financial Reporting

8.d
Packet Pg. 122 Attachment: Attachment 4 - Resolution Re Examination of Tax Information [Revision 1] (5241 : Measure Y Agreement with CDTFA) (b) Economic Development Analysis and Reporting
The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.

Section 3. That HdL Companies is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and the HDL Companies:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in section 2 of this resolution.

Section 4. That HdL Companies is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to any petition or appeal for the reallocation/redistribution of sales or transactions and use taxes that was filed by HdL Companies on behalf of the City pursuant to the contract between the HdL Companies and City. The entity designated by this section meets all of the following conditions, which are also included in the contract between the City and the HdL Companies.
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.

8.d
Packet Pg. 123 Attachment: Attachment 4 - Resolution Re Examination of Tax Information [Revision 1] (5241 : Measure Y Agreement with CDTFA) c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

Section 5. That this resolution supersedes all prior resolutions of the City Council of the City of Pacifica adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 9th day of January, 2023 by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney

8.d
Packet Pg. 124 Attachment: Attachment 4 - Resolution Re Examination of Tax Information [Revision 1] (5241 : Measure Y Agreement with CDTFA) Attachment 5
Sample Designation Letter
City Letterhead
Date: ____________
CA Department of Tax and Fee Administration
Local Revenue Branch
Attn: Warrant Desk
450 N Street, MIC: 27
Sacramento, CA 95814
Subject: City of Pacifica (Jurisdiction Number)
Authorization to Review Confidential Sales and Use Tax and Transactions and Use Tax Information per Section 7056 of the Revenue and Taxation Code.

Dear Ms. Anh Huang:

Resolution No. _______, Section 1, authorizes the City Manager to designate in writing to the California Department of Tax and Fee Administration other officers and/or employees of the jurisdiction with authority to receive and examine sales and use tax records for the jurisdiction.

Accordingly, the City Manager, Assistant City Manager, Deputy Finance Director, Economic Development Manager and Management Analyst for the City of Pacifica are hereby authorized to receive and review sales or transactions and use tax records for the City of Pacifica from the California Department of Tax and Fee Administration.

Sincerely,
Kevin Woodhouse
City Manager

8.e
Packet Pg. 125 Attachment: Attachment 5 - Designation Letter to the CDTFA (5241 : Measure Y Agreement with CDTFA)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Quarterly Financial Report for the Quarter ending September 30, 2022.

RECOMMENDED ACTION:

Review and accept the Quarterly Financial Report for the Quarter ending September 30, 2022.

STAFF CONTACT:

Yulia Carter, Assistant City Manager
(650) 738-7402
[email protected] <mailto:[email protected]>
BACKGROUND/DISCUSSION:

Fiscal Sustainability remains one of the City Council Strategic Goals, which includes planning for and implementing long-term financial health and stability. A key component of this goal includes preparing a quarterly financial report that would provide readers with an executive summary of the City’s current economic conditions related to the annual operating budget.

Last year staff implemented a new financial reporting practice on a quarterly basis that started last fiscal year to ensure accountability and transparency in managing public funds. This work is especially meaningful as we monitor post COVID-19 pandemic recovery of the local economy and the City’s financial health.

On June 27, 2022, the City Council adopted the structurally balanced FY 2022-23 Budget that included the revenue assumptions post-COVID-19 pandemic. Finance staff has completed the first Quarter of the Fiscal Year 2022-23, and this report reflects the financial results for the Quarter.

The First Quarter Financial Report summarizes the City’s General Fund and is not meant to be inclusive of all finance and accounting transactions. This report intends to provide the Council and the public with a broad overview of the City’s operations and fiscal condition. This report provides an update on the financial status of the City’s General Fund by outlining the revenues and expenditures for the Quarter ending September 30, 2022.

General Fund is the City’s primary operating fund and is used to account for day-to-day activities. It receives unrestricted revenues and provides the City’s general administrative services, law enforcement, fire, public works, parks, beaches and recreation, and community development-related activities such as planning, building, and engineering. Revenue sources include but are not limited to property tax, sales tax, transient occupancy tax (TOT), business registration, and current fees for services such as parking charges, engineering, planning, building permit fees, and recreation services.

The First Quarter Financial Report for the City of Pacifica provides the financial status update of 9 Packet Pg. 126
Pacifica City Council 2
January 09, 2023
the City’s General Fund by outlining the revenues and expenditures as of September 30, 2022.

The Financial Report is prepared on a cash basis; therefore, only the revenue received by September 30, 2022, is reflected in the analysis. Likewise, expenditures are recorded when paid using the cash basis method of accounting.

With the completion of the First Quarter, General Fund Revenues were $9.8 million (21% of budget), and Expenditures were $9.3 million (22% of budget). Expenditures of most municipalities typically exceed revenue during the first Quarter of any given fiscal year.

However, this Quarter is the exception due to $4.6 million in COVID Grant funding that balanced out the revenues and expenditures for the Quarter. Typically, the majority of remitted tax payments occur in the second and fourth Quarters. The County of San Mateo will remit property tax payments, the City’s largest source of revenue, in the second and fourth quarters of the fiscal year. Subsequent reports should provide a clearer picture of how the City’s General Fund revenue sources perform relative to budgeted figures.

General Fund Operating expenditures are on target at the end of the first Quarter. The General Government, Police, and Public Works Departments show lower expenditures in the salaries and benefits category due to vacancies and the timing of payments for contractual services. The Fire and PB&R Departments are on target with the budget.

Overall, staff is pleased to report that the FY 2022-23 Budget is on track with revenues and expenditures performing as expected, validating the assumptions made by staff at the budget adoption. However, it is important to note that these are only preliminary numbers, as additional booking entries may occur throughout the year and during the fiscal year-end that may modify some of the First Quarter figures. Staff will continue monitoring the City’s economic conditions and report to City Council throughout the future, reporting any new information as it becomes available to ensure that the overall budget remains on target and better prepare for the new budget cycle.

ALTERNATIVE ACTION:

There is no reasonable alternative to this informational item, as not accepting the First Quarter Financial Report will not change the City’s financial condition as of the end of the Quarter ending September 30, 2022.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

This item furthers the City’s efforts toward Fiscal Sustainability.

FISCAL IMPACT:

There is no fiscal impact associated with the Council’s acceptance of this report.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Attachment 1 - Q1 22-23 Quarterly Financial Report(DOCX) 9 Packet Pg. 127
City of Pacifica
Fiscal Year 2022‐23
First Quarter Financial Report
1 OVERVIEW
This First Quarterly Financial Report is an analysis of the unaudited financial status of the City’s General Fund
from July 2022 through September 2022. The City of
Pacifica has completed the First Quarter of the Fiscal Year 2022‐23. The First Quarterly Financial Report will
summarize the City’s General Fund and is not meant to
be inclusive of all finance and accounting transactions.

This report intends to provide the Council and the public with a broad overview of the City’s fiscal condition, as the General Fund is the primary operating fund of the City
and is used to account for most operational activities.

Information presented in this report is unaudited, and
additional adjustments may occur during the year-end
process.

GENERAL FUND
General Fund Financial Condition: With one quarter of
the year complete, General Fund Expenditures are at
22% of projections, and revenues are at 21% of the
FY2022-23 Budget. These figures exclude budgeted oncea-year operating and capital transfers, and some routine journal entries will be posted later in the year that may change these numbers. Some expenditures that occurred
in Q1 were recorded in Q2, which will result in some
adjustments later. Revenues are typically less than 25% during the first quarter due to the timing of certain key revenues such as property tax, franchise fees, and sales tax. However, the City received $4.6 of COVID-related
grant funding in this first quarter. This year’s outlook is similar to the prior year, when the City collected 18% of budgeted revenues at the end of Q1. Both expenditures
and revenues are explained in more detail below.
*Excludes operating and capital transfers
The General Fund Balance as of September 30, 2022, is
$16,753,284. This is based on the unaudited fund balance as of the end of the fiscal year 2021-22, excluding
transfers and factoring in year‐to‐date revenue,
expenditure, and encumbrance activity.

Expenditures. Departmental operating expenditures
are on target at the end of the First Quarter. The
General Government, Police, Fire, and NonDepartmental expenditures are lower in the salaries and benefits category due to a significant number of
vacancies and the timing of payments for contractual
services. The Planning Department’s expenditures are
low due to the delay in processing and reconciling the
cost-reimbursable expenses. Public Works and PB&R
Departments are on target with the Budget. The
following chart summarizes year‐to‐date combined
expenditures by department as of the First Quarter:

Revenues: The following is a summary of revenues as
of the end of the First Quarter:

Property Tax: Property Tax is the City’s largest
revenue source. The first installment of the Property
Tax payment will be remitted to the City by the
County of San Mateo in December 2022; hence it is
predetermined no property tax revenue will be
General Fund Qtr 1
FY2021-22
Qtr 1
FY2022-23
FY2022-23
Budget
% Change
Q1 FY22 vs
Q1 FY23
Qtr 1
% Budget
Revenues 7,037,551 9,832,793 46,144,363 40% 21%
Expenditures 9,423,226 9,371,733 43,447,008 -1% 22%
General Fund Expenditures
by Department
Qtr 1
FY2021-22
Qtr 1
FY2022-23
FY2022-23
Budget
% Change
Q1 FY22 vs
Q1 FY23
Qtr 1
% Budget
Expended
General Government 1,290,920 1,623,575 7,264,434 26% 22% Police Department 2,700,313 2,569,655 11,506,318 -5% 22% Fire Department 2,428,456 2,104,959 7,821,755 -13% 27%
Planning & Building 328,827 384,437 5,394,439 17% 7%
Public Works 984,064 1,021,055 4,582,746 4% 22%
PB&R 1,331,977 1,332,319 5,453,016 0% 24%
Non-Departmental 358,670 335,734 1,424,300 -6% 24%
Total General Fund
Expenditures 9,423,226 9,371,733 43,447,008 -1% 22%
General Fund
Revenues by Type
Qtr 1
FY2021-22
Qtr 1
FY2022-23
FY2022-23
Budget
% Change
Q1 FY22 vs
Q1 FY23
Qtr 1
% Budget
Received
Property Tax - - 14,837,200 0%
Sales Tax 215,679 219,992 2,775,000 2% 8%
Transient Occupancy Tax 199,661 444,613 2,100,000 123% 21% Other Taxes 694,404 788,761 5,406,200 14% 15%
Department/Program 1,229,296 3,610,493 14,272,798 194% 25% Grants 4,610,511 4,680,934 6,665,165 2% 70%
ERAF 88,000 88,000 88,000 0% 100%
Total General Fund
Revenues 7,037,551 9,832,793 46,144,363 40% 21%

9.a
Packet Pg. 128 Attachment: Attachment 1 - Q1 22-23 Quarterly Financial Report [Revision 1] (5244 : Q1 Financial Report) City of Pacifica
Fiscal Year 2022‐23
First Quarter Financial Report
2 accounted for in the first quarter of each fiscal year.

Sales Tax: As of September 30, 2022, the City has
received 8% of its budgeted Sales Tax revenues. There is a two-month lag on the receipt of sales tax revenues, so the 8% only represents one month of allocation
consistent with the prior year.

Transient Occupancy Taxes (TOT): TOT revenues are
remitted approximately 30 days after the end of each
month, and revenues are not accrued at quarter‐end (as
they are at the end of the fiscal year). The first quarter reflects the TOT receipts for the months of July and
August. The revenues are showing a healthy increase
compared to the prior year, given the post-COVID
recovery of the hotel industry and recent efforts by HdL, the City’s tax consultant, in identifying short-term
rentals and bringing them to compliance.

Other Taxes: These include franchise tax, business
license, utility users tax, ½ cent public safety sales tax, and cannabis operations tax. Payments for most of these taxes are remitted 30 days after the end of the month.

As such, only 15% of the Budget has been received as of September 30, 2022.

Department/Programs: These include building permits,
engineering, and planning fees, fees related to Parks,
Beaches & Recreation programs, and rentals. As of
September 30, 2022, the City received 25% of the
Budget, primarily due to the budgeted $2.1m vehicle
license fee payment backfill received in Q1. Permits and planning fees tend to fluctuate based on the timing of
projects.

Grants: These include police grants and all COVID-19-
related grants. The grant revenues primarily represent
the $4.6 million American Rescue Plan Act allocation
from the State.

Excess ERAF: (Excess Educational Revenue
Augmentation Fund). The FY 2022-23 General Fund
Budget only included $88,000 to fund the community
grant program to local non-profit organizations as
previously directed by the Council.

SUMMARY
Overall, staff is pleased to report that the FY2022-23
Budget is on track, with revenues and expenditures
performing as expected. The City’s operating
expenditures are at 22% of the Budget at the end of
the first quarter. Due to the nature and timing of tax
collection receipts, it is difficult to fully analyze
revenue based on projections after the first quarter
alone. It is also important to understand that these
are only preliminary numbers as additional booking
entries may occur throughout the year and during the
fiscal year-end that may modify some figures
presented in this report.

Future reports for this fiscal year, including the mid‐ year budget review, will provide a better
understanding of the City’s revenue and expenditure
transactions and their fiscal impact on the City. Staff will continue monitoring the City’s economic
conditions and report to City Council any new
information as it becomes available.

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Packet Pg. 129 Attachment: Attachment 1 - Q1 22-23 Quarterly Financial Report [Revision 1] (5244 : Q1 Financial Report)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Quarterly Treasurer’s Reports for the quarter ending September 30, 2022.

RECOMMENDED ACTION:

Review and accept the Quarterly Treasurer’s Reports for the quarter ending September 30, 2022.

STAFF CONTACT:

Yulia Carter, Assistant City Manager
(650) 738-7402
[email protected]
BACKGROUND/DISCUSSION:

The City Council adopted Administrative Policy 39 - Investment Policy to reflect current law and best practices in accordance with Government Code Section 53600 et seq. The policy provides guidelines for prudent investments and efficient cash management and requires the City to provide the governing body a report regarding the City’s investment activities on a quarterly basis to ensure “compliance” with the statement of investment policy.

Staff brought forward the completed first quarter Treasurer’s Report at the December 12, 2022 City Council meeting. Although, the attachment represented correct Treasurer’s report for the quarter, it was inadvertently accompanied by a staff report for the first quarter Financial Report that was not yet scheduled to be presented at that meeting. To correct this oversight staff now brings forward both Financial and Treasurer’s reports for the quarter ending September 30, 2022. There were no other changes to the Treasurer’s Report that were already presented at the previous meeting.

The investment policies and practices of the City of Pacifica are strictly based on state law and prudent money management. The investment of funds for the City is directed to the goals of safety, liquidity, and yield while meeting the cash flow needs of the City through prudent investment of unexpended cash.

All funds are invested in accordance with the City’s Investment Policy and the authority governing investments set forth in the California Government Code, Sections 53601 through 53659. The investment policy for bond proceeds is contained in the relevant bond documents approved by the City Council at the time of the issuance of the debt.

As shown in the Treasurer’s Report (Attachment 1), the City holds various investments in external investment pools and fiscal agent accounts and they are listed at par value, book value, as well as their fair value in compliance with Governmental Accounting Standard Statement 31.

Par value represents the original issue amount for securities or investments purchased. There were no securities or investments that are held by the City where they were purchased at a discount or premium so the par value is equal to the book value. The fair market value is the 10 Packet Pg. 130
Pacifica City Council 2
January 09, 2023
current market value of the investment as of September 30, 2022. In accordance with GASB 31, the State provides a factor that can be multiplied by the City’s share of the LAIF pool to determine the market value each quarter. Other than LAIF, the fair market value of all other investments are equal to the book and par value.

The City’s cash and investment portfolio, at fair market value, as of September 30, 2022, is $49,551,565, of which $17,371,731 is placed with the State Controller’s Local Agency Investment Fund (LAIF), $10,204,928 is placed with US Bank, $325,999 is in the PARS Trust, $130,543 is placed in Bank of New York (BNY Mellon), $3,001,384 is in Roy Davies Trust, $18,500,120 in the Tri Counties Bank operating accounts, and $3,445 in Petty Cash held by various departments. Although operating checking accounts are not typical investment accounts, the City includes those balances as part of this report to show the total cash on hand for the quarter.

The City’s investment portfolio decreased by $8,623,033, from $58,174,597, this reporting quarter ending September 30, 2022, compared to the last quarter ending June 30, 2022. The decrease is primarily attributable to normal operating payments to vendors, payroll, and annual debt service payments net of normal revenue receipts in the last quarter of the year.

The Treasurer’s Report includes details of cash and investments which are held by institutions.

The report also summarizes the City’s cash position and distribution across funds for the quarter ending September 30, 2022. Historical cash flow trends are compared to current cash flow requirements on an ongoing basis to ensure the City’s investment portfolio will remain sufficiently liquid to enable the City to meet all reasonable anticipated operating requirements.

As of September 30, 2022, the portfolio contains sufficient liquidity to meet the next six months of expected expenditures by the City.

ALTERNATIVE ACTION:

There is no reasonable alternative to this informational item, as not accepting the 1st Quarter Treasurer’s Report will not change the City’s cash position as of the end of the quarter ending September 30, 2022.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

This item furthers the City’s efforts toward Fiscal Sustainability.

FISCAL IMPACT:

There is no fiscal impact associated with this report, but Quarterly Treasurer’s Reports detail some of the fiscal activities that directly affect the City’s financial standing.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Attachment 1 – Treasurer's Report 09-30-22(PDF)
Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (PDF) 10 Packet Pg. 131
City of Pacifica
Treasurer's Report
September 30, 2022
Portfolio Summary
Par Value
GASB 31 Fair
Market Value Book Value % of Portfolio
General Account-Checking Account with Tri Counties Bank $ 16,339,186 $ 16,339,186 16,339,186 32.75% Payroll Account-Checking Account with Tri Counties Bank 26,774 26,774 26,774 0.05% Workers Compensation Account-Checking Account with Tri Counties Bank 11,497 11,497 11,497 0.02% Senior Services Account with Tri Counties Bank 2,113,247 2,113,247 2,113,247 4.24% Turbo Data Account with Tri Counties Bank 9,415 9,415 9,415 0.02% Roy Davies Trust- Principal Account-Ladder Acct (Business) with City National Bank 2,973,504 2,973,504 2,973,504 5.96% Roy Davies Trust- Interest Account-Public Funds - Checking Acct with City National Bank 27,880 27,880 27,880 0.06% Petty Cash - Held by various Departments 3,445 3,445 3,445 0.01% Cash $ 21,504,949 $ 21,504,949 $ 21,504,949 43.10%
Investments
California Local Agency Investment Fund (LAIF) $ 17,712,502 17,371,731 17,712,502 35.50% Bank of New York Mellon-Fund 91 - Cash & Short Term 130,543 130,543 130,543 0.26% Deutsche Bank-Cash-Earmarked for debt service - Energy Retrofit Lease 13,415 13,415 13,415 0.03% US Bank - Money Market Fund* 10,204,928 10,204,928 10,204,928 20.45% PARS Post-Employment Benefit Trust** 325,999 325,999 325,999 0.65% Total Investments $ 28,387,387 $ 28,046,616 $ 28,387,387 56.90% Total Cash and Investments $ 49,892,336 $ 49,551,565 $ 49,892,336 100.00% Date
Yulia Carter, Assistant City Manager
*Includes available cash from the City's issuance of the 2017 Wastewater Revenue Bonds totaling $25.929 million. The initial proceeds were shown in the Cash and Investment report as of September 30, 2017. ** PARS Trust - Public Agency Retirement Services - invests in Capital Appreciation funds for the City's OPEB trust and Moderate Index funds for Pension trust.

The above investments are consistent with the City's Investment Policy and are allowable under current legislation of the State of California. Investments are selected using safety, liquidity, and yield as the criteria. The City has sufficient cash flow to cover anticipated expenditures through the next six months. 12/12/2022

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Packet Pg. 132 Attachment: Attachment 1 – Treasurer's Report 09-30-22 (5240 : Q1 Treasurer's Report) City of Pacifica
Treasurer's Report
September 30, 2022
Reconciliation to General Ledger
Description Bank Account # Amount
Tri Counties General Checking Account xx0541 $ 16,339,186 Tri Counties Payroll Account xx6915 $ 26,774
Tri Counties Workmens Comp Account xx1341 $ 11,497
Tri Counties Senior Services Account xx5996 $ 2,113,247 Tri Counties Turbo Data Account xx9758 $ 9,415
City National Bank Roy Davies Trust-Principal xx5367 $ 2,973,504 City National Bank Roy Davies Trust-Interest xx7033 $ 27,880 Local Agency Investment Fund (LAIF) xx1614/xx1007 $ 17,712,502 Bank of New York Mellon xx0166/xx0167 $ 130,543
Deutsche Bank - Energy Retrofit Lease S80844.1 $ 13,415 US Bank - 2016 Refunding xx5000 $ 4,949
US Bank - 2017 Wastewater Revenue Bond-Project Fund xx2001 $ 4,041,963 US Bank - 2017 Wastewater Revenue Bond-Interest xx2003 $ 2,219,300 US Bank - 2019 Taxable Pension Obligation Bond Refunding-Debt Service xx4000 $ 1 US Bank - 2019 Taxable Pension Obligation Bond Refunding-Debt Service xx4001 $ 3,066 US Bank - 2021 Civic Center Bonds xx9000 $ 3,935,649
Public Agency Retirement Services (PARS) - Post Employment Benefit Trust $ 325,999 Petty Cash $ 3,445
Total Cash per Bank Statements $ 49,892,336
Description GL Account # Amount
Cash in Bank xx.xxxxxx.11000.xxxx.xxx $ 21,728,773
Cash in Bank - Payroll xx.xxxxxx.11002.xxxx.xxx $ (4,106,654) Petty Cash xx.xxxxxx.11100.xxxx.xxx $ 3,445
Investments - LAIF 01.000000.11290.0000.000 $ 17,711,856 Investments - LAIF 22.900000.11292.0000.000 $ 646
PARS Trusts-Pension 01.000000.11297.0000.000 $ 165,521
PARS Trusts-Other Post Employment Benefits (OPEB) 01.000000.11298.0000.000 $ 160,477 Reserve Cash-2014 Wastewater Revenue Refunding 18.940000.11032.0000.000 $ 1,688,500 Reserve Cash-2017 Wastewater Revenue Refunding Project 18.940000.11033.0000.000 $ 4,041,963 Reserve Cash-2017 Wastewater Revenue Refunding Principal 18.940000.11034.0000.000 $ 625,000 Reserve Cash-2017 Wastewater Revenue Refunding Interest 18.940000.11034.0000.000 $ 530,800 Cash with Fiscal Agent 22.900000.11022.0000.000 $ 13,415 R Davies Trust - Principal 27.900000.11293.0000.000 $ 2,973,504 R Davies Trust - Interest 27.900000.11296.0000.000 $ 27,880 Cash Reserve - 2016 Lease Payment 40.880000.11026.0000.000 $ 4,949 Cash Reserve - 2019 POB Refunding 40.880000.11036.0000.000 $ 1 Interest Account - 2019 POB Refunding 40.880000.11036.0000.000 $ 3,066 City of Pacifica 2021 Project Fund xx.xx0000.110xx.0000.000 $ 3,935,649 Debt Service Reserve Fund - 2004 TAB 91.960000.11019.0000.000 $ 130,486 Cash with Fiscal Agent 91.960000.11020.0000.000 $ 57
Total Cash per General Ledger $ 49,639,335
Tri Counties Bank reconciliation adjustments and timing differences $ 253,001 Total Reconciled GL Cash $ 49,892,336

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Packet Pg. 133 Attachment: Attachment 1 – Treasurer's Report 09-30-22 (5240 : Q1 Treasurer's Report) 1 | P a g e
City of Pacifica
Glossary of Cash and Investment Terms
Agency: Federal agency securities and /or Government-sponsored enterprises.

Annual Comprehensive Financial Report (ACFR): The official annual financial report for the City of Pacifica. It includes a combined set of statements for each individual fund and account group prepared with the accounting requirements established by the Governmental Accounting Standards Board (GASB) and in conformity with Generally Accepted Accounting Principles (GAAP). It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section.

Bankers’ Acceptance (BA): A draft or bill or exchange accepted by a bank or trust company.

The accepting institution guarantees payment of the bill, as well as the issuer.

Book Value: The value at which a security or investment is carried on the financial records of its owner. This value may be the original cost of acquisition of the security or original cost adjusted by amortization of a premium or accretion of a discount. The book value may differ from the security’s current market value.

Broker: A broker brings buyers and sellers together for a commission.

California Local Government Debt: Is bonds, notes, warrants, or other evidences of indebtedness of any local agency within California. California local government debt is a permitted investment under the California Government Code. The Government Code does not specify minimum credit ratings for local government debt in which local agencies may invest.

Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate.

Large-denomination CD’s are typically negotiable.

Collateral: Securities, evidence of deposit of other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

Coupon: (a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date.

Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.

Debenture: A bond secured only by the general credit of the issuer.

Delivery versus Payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an

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Packet Pg. 134 Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5240 : Q1 Treasurer's Report) 2 | P a g e
exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.

Derivatives: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities).

Discount: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.

Diversification: Dividing investment funds among a variety of securities offering independent returns.

Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L’s, small business firms, students, farmers, farm cooperatives, and exporters.

Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per deposit.

Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations.

Federal Home Loan Banks (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLB is to liquefy the housing related assets of its members who must purchase stock in their district Bank.

Federal National Mortgage Association (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation’s purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages.

FNMA’s securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.

Federal Open Market Committee (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve and Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.

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Packet Pg. 135 Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5240 : Q1 Treasurer's Report) 3 | P a g e
Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system.

Government National Mortgage Association (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FmHA mortgages. The term “pass-throughs” is often used to describe Ginnie Maes.

Issuer: Any corporation, government unit or financial institution which borrows money through the sale of securities.

Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.

Local Agency Investment Fund (LAIF): A special fund in the State Treasury which local agencies may use to deposit funds for investment. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit to the LAIF account. The State keeps an amount for reasonable costs of making the investments, not to exceed one-quarter of one per cent of the earnings.

Local Government Investment Pool (LGIP): The aggregate of all funds from political subdivisions that are pooled together for investment and reinvestment.

Market Value: The price at which a security is trading and could presumably be purchased or sold.

Master Repurchase Agreement: A written contract covering all future transactions between the parties to repurchase – reverse repurchase agreements that establishes each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyerlender to liquidate the underlying securities in the event of default by the seller-borrower.

Maturity: The date upon which the principal or stated value of an investment becomes due and payable.

Money Market: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded.

Mutual Funds: Referred to in the Government Code, Section 53601(l) as “shares of beneficial interest issued by diversified management companies.” The Mutual Fund must be restricted by its by-laws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Bankers Acceptances, Commercial Paper, Certificates of Deposit, Negotiable Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements,

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Packet Pg. 136 Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5240 : Q1 Treasurer's Report) 4 | P a g e
and Medium Term Corporate Notes. The quality rating and percentage restrictions in each investment category applicable to the local agency also apply to the Mutual Fund.

Negotiable: Term used to designate a security, the title to which is transferable by delivery.

Offer: The price asked by a seller of securities. (When you are buying securities, you ask for an offer). See Asked and Bid.

Open Market Operations: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve’s most important and most flexible monetary policy tool.

Par Value: The amount of principal of a security that must be paid at maturity. The par value may also be referred to as the “face amount” of a security.

Portfolio: Collection of securities held by an investor.

Primary Dealer: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers included Securities and Exchange Commission (SEC) – registered securities broker-dealers, banks, and a few unregulated firms.

Principal: Describes the original cost of a security. It represents the amount of capital or money which the investor pays for the investment.

Prudent Person Rule: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state – the so-called legal list. In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.

Qualified Public Depositories: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the State to hold public deposits.

Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return.

Repurchase Agreement (RP or Repo): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money, that is, increasing bank services.

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Packet Pg. 137 Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5240 : Q1 Treasurer's Report) 5 | P a g e
Safekeeping: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection.

Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution.

Security: An investment instrument, other than an insurance policy or fixed annuity, issued by a corporation, government, or other organization which offers evidence of debt or equity.

Securities & Exchange Commission: Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SEC Rule 15C3-1: See Uniform Net Capital Rule.

Structured Notes: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations which have imbedded options (e.g., call features, step-up coupons, floating rate coupons, derivative-based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve.

Treasury Bills: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.

Treasury Notes: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to ten years.

Uniform Net Capital Rule: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.

Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among member of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.

Yield: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.

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Packet Pg. 138 Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5240 : Q1 Treasurer's Report)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Notice of Completion for the Pacifica Public Works New Office Project RECOMMENDED ACTION:

Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the Pacifica Public Works New Office Project; and Authorize the City Manager to release the retention funds to the contractor.

STAFF CONTACT:

Raymund Donguines, Senior Civil Engineer
(650) 738-3768
[email protected]
Lisa Petersen, Director of Public Works
(650) 737-3767
[email protected]
BACKGROUND/DISCUSSION:

On February 28, 2022, Council authorized the City Manager to award and execute a construction Agreement for the Pacifica Public Works New Office Project with BEAM Construction, Inc. The Pacifica Public Works New Office Project constructed an office for the new Wastewater Senior Engineer position, addressed Building Department mandated ADA upgrades, such as a new ADA-compliant public counter and restrooms and addressed Fire Code requirements for new code compliant ingress/egress doors. Photos of completed improvements are provided in Attachment B.

There were four construction change orders issued to the contractor BEAM Construction, Inc. during construction in the amount of $11,601.79, which were within the limits of the approved construction contingency. The change orders were for additional necessary electrical work, painting the front office and changes to the flooring material. With these change orders, the final contractor construction cost for the project was $144,265.79.

As the project is now complete and staff is satisfied with the contractor’s work on the project, it is appropriate to record the formal Notice of Completion with the San Mateo County Recorder's Office. This recorded document is the legal notice that the City considers the project complete and that we intend to pay the contractor for the full and complete contract price. This also puts all subcontractors and suppliers on notice that if they have any claims for payment from the contractor, they have 30 days to file claims for payment against the City. This provision of contract law protects subcontractors from contractors who may not pay them properly. It also protects the City from claims against us for any nonpayment on the part of the contractor. The City withheld 5% of the contract amount, $7,213.29, as retention to make sure that all subcontractors and suppliers have been paid. The City will release the retention if no claims are 11 Packet Pg. 139
Pacifica City Council 2
January 09, 2023
received.

The City Manager is recommending the adoption of the attached resolution accepting completion of the project and the filing of the Notice of Completion (Attachment A) with the San Mateo County Recorder's Office.

ALTERNATIVE ACTION:

Council may choose not to adopt the resolution accepting completion of the project, but as the work has been satisfactorily completed, the contractor may file a claim against the City for nonpayment of retention, if there are no claims.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the Notice of Completion for the Pacifica Public Works New Office Project, is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise. This construction project improved the existing Public Works building.

FISCAL IMPACT:

There is no fiscal impact associated with the filing of the Notice of Completion. The total project Source and Use of Funds table is shown below. The project balance will remain in Fund 22.

Total Project Source and Use of Funds
Public Works Department Office Improvements $150,000.00 Total Source of Funds $150,000.00
Construction Cost $132,664.00
Change Orders $11,601.79
Total Use of Funds $144,265.79
Project End Balance $5,734.21
ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Pacifica Public Works New Office Project Notice of Completion (PDF) Pacifica Public Works New Office Project Photos (PDF)
11 Packet Pg. 140
Pacifica City Council 3
January 09, 2023
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

ACCEPTING COMPLETION AND DIRECTING THE CITY MANAGER TO FILE

NOTICE OF COMPLETION FOR THE

PACIFICA PUBLIC WORKS NEW OFFICE PROJECT
RESOLVED by the City Council of the City of Pacifica, California, that WHEREAS, the City Engineer of the said City has filed with the City Clerk of said City, his Certificate as to the completion of all of the work provided to be done under and pursuant to the contract between said City and BEAM Construction, Inc., on February 28, 2022, and
WHEREAS, it appears to the satisfaction of this Council that said work under said contract has been fully completed as provided in said contract and the plans and specifications therein referred to,
NOW, THEREFORE, it is ordered as follows:

1. That acceptance of completion of said work be, and it is hereby, made and ordered.

2. That the City Manager is directed to file for record with the County Recorder of the County of San Mateo, Notice of Completion thereof, pursuant to Section 3093 of the Civil Code of the State of California. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 9th day of January 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

CITY OF PACIFICA
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 11 Packet Pg. 141

NOTICE OF COMPLETION

CITY OF PACIFICA

FOR THE PACIFICA PUBLIC WORKS NEW OFFICE PROJECT
NOTICE IS HEREBY GIVEN, pursuant to Section 3093 of the Civil Code of the State of California, by Lisa Petersen, City Engineer of the City of Pacifica, California, that the contract awarded to BEAM Construction, Inc. on February 28, 2022, has been completed in accordance with the plans and specifications for said work filed with the City Clerk, and approved by the City Council of said City.

That said work and improvements were actually completed on the 16th day of November 2022 and that acceptance of completion of said work was ordered by the City Council of said City, adopted on the 9
th day of January 2023, and that the name of the surety on the contractor's bond for labor and materials on said project is Old Republic Surety Company.

That said work consists, generally of a new office, upgrades to the public counter and bathrooms, new code compliant ingress/egress doors and other miscellaneous work.

Name and address of Owner: City of Pacifica
540 Crespi Drive
Pacifica, California 94044
Lisa Petersen, P.E.

City Engineer

VERIFICATION
The undersigned states that he is the City Engineer of the City of Pacifica and that he makes this verification on behalf of said entity; that he has read the foregoing, and knows the contents thereof, and that the facts stated therein are true.

Lisa Petersen, P.E.

City Engineer
Executed at Pacifica, California, on January 9, 2023.

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Packet Pg. 142 Attachment: Pacifica Public Works New Office Project Notice of Completion (5229 : Notice of Completion for the Pacifica Public Works New Pacifica Public Works New Office Project
New Office for Wastewater Senior Engineer
New ADA-Compliant Public Counter

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Packet Pg. 143 Attachment: Pacifica Public Works New Office Project Photos (5229 : Notice of Completion for the Pacifica Public Works New Office Project) New ADA
-Compliant Restroom
Upgrade Existing Second Restroom

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Packet Pg. 144 Attachment: Pacifica Public Works New Office Project Photos (5229 : Notice of Completion for the Pacifica Public Works New Office Project) New Code Compliant Ingress/Egress Doors

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Packet Pg. 145 Attachment: Pacifica Public Works New Office Project Photos (5229 : Notice of Completion for the Pacifica Public Works New Office Project)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:

Esplanade Ave. and Palmetto Ave. Bicycle & Pedestrian Improvement Project - Amendment 1 - Fehr & Peers
RECOMMENDED ACTION:

Adopt a Resolution Authorizing Amendment 1 to Task Order 1 (Attachment 1) between the City of Pacifica and Fehr & Peers for design services for the Esplanade Ave. and Palmetto Ave.

Bicycle & Pedestrian Improvement Project in the amount of $17,500 bringing the total task order to $57,000; and authorize the City Manager to execute said amendment.

STAFF CONTACT:

Ryan Marquez, P.E.- Project Manager
(650) 738-3769
[email protected]
Lisa Petersen, P.E.-Director of Public Works
(650) 730-4948
[email protected]
BACKGROUND/DISCUSSION:

The Esplanade Ave. and Palmetto Ave. Bicycle & Pedestrian Improvement Project looks to install or update almost two miles of bicycle facilities and improve two key intersections along Palmetto and Esplanade Ave. from Westline Drive to Paloma Avenue per the 2020 Bicycle & Pedestrian Master Plan. The project was submitted and selected for Transportation Development Act Article 3 grant funding in July 2022 and was programmed in the 2022-23 Capital Improvement Program. Staff further applied and was successful in additional funding to also perform pavement resurfacing (slurry/cape seal with asphalt repairs) along the route through San Mateo County Transportation Authority Cycle 6 Bike-Ped Grant.

Due to this additional road resurfacing work, additional scope is needed to be undertaken for the design of the project. Staff has been working with Fehr & Peers under an on-call Transportation and Traffic Engineering agreement (Attachment 2). After discussion with Fehr & Peers, they are proposing to utilize a subconsultant (NCE) for the resurfacing design, who the City has successfully worked with on many resurfacing projects and has expertise in this area and in the City. The additional design scope is estimated at $17,500 per Amendment 1 (Attachment 1).

Due to the cumulative agreement amount now exceeding the $50,000 limit in the current Fehr & Peers Master Services Agreement with the City, Council approval of this amendment is required.

The design timeline is not expected to be severely impacted by this change. At this time, design is expected to be finished by April 2023 and construction in Summer/Fall 2023.

This additional work is not expected to increase the City’s match and therefore does not require 12 Packet Pg. 146
Pacifica City Council 2
January 09, 2023
any further budget at this time. It is therefore the City Manager’s recommendation to Adopt a Resolution Authorizing Amendment 1 to Task Order 1 (Attachment 1) between the City of Pacifica and Fehr & Peers for design services for the Esplanade Ave. and Palmetto Ave. Bicycle & Pedestrian Improvement Project in the amount of $17,500 bringing the total task order to $57,000; and authorize the City Manager to execute said amendment.

ALTERNATIVE ACTION:

Alternative action could include changing the scope of the amendment, however that may have schedule and fiscal impacts and is therefore not recommended by staff.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
· Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as City hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise. Adopting the resolution will allow design of this bicycle and pedestrian improvement project to continue with additional road resurfacing added.

FISCAL IMPACT:

The fiscal impact of this resolution is $17,500 that will be paid for by grant funding. The project budget is broken down below:

Total Project Source and Use of Funds
TDA Article 3 $335,160
SMCTA Cycle 6 $568,504
City Funds $ 37,240
Total Source of Funds $940,904
Fehr & Peers Design Task Order 1 $39,500
Fehr & Peers Design Amendment 1 $17,500
Total Use of Funds $57,000
Remaining Balance for Construction,
Construction Management & Contingency
$889,904
ORIGINATED BY:

Engineering
Beautification Task Force
ATTACHMENT LIST:

Attachment 1 - Amendment to Task Order 1 with Fehr & Peers (PDF) Attachment 2 - Master Agreement with Fehr and Peers (PDF) 12 Packet Pg. 147
Pacifica City Council 3
January 09, 2023
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING THE

CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE TASK ORDER WITH FEHR & PEERS FOR PROFESSIONAL ENGINEERING SERVICES
WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City of Pacifica entered into an agreement with Fehr & Peers for consulting services under the City Council’s purchasing authority in October 2022; and WHEREAS, the level of effort required to complete the design for the Esplanade & Palmetto Bicycle & Pedestrian Improvement Project exceeded the original scope used to establish the original agreement amount for the design work; and WHEREAS, the City Council of the City of Pacifica has considered the City Manager’s recommendation to approve a first amendment to the City’s agreement with Fehr & Peers for consulting services on January 9, 2023.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to amend the task order with Fehr & Peers for the purpose of increasing the cost ceiling to an amount not to exceed $57,000. * * * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 9th day of January 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
______________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 12 Packet Pg. 148
Consultant Services Agreement
CSA
Amendment No.1 Page 1
OAK #4817-6120-9406 v3

CONSULTANT SERVICES AGREEMENT
AMENDMENT No. 1
This AMENDMENT NUMBER 1 is entered into as of the 9th day of January, 2023, by and between the CITY OF PACIFICA, herein called the “City,” and Fehr & Peers, herein called the “Consultant.”

RECITALS
A. City desired to obtain On-Call Traffic Engineering & Transportation services in connection with the Esplanade & Palmetto Bicycle & Pedestrian Improvement Project (“Project”), and for that purpose entered into an agreement with Consultant dated October 11, 2022 (“Original Agreement”), by which City hired Consultant to perform engineering design work for the Project.

B. Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in this Amendment No.1.

C. City desires to authorize Consultant to modify the services described in this Amendment No. 1 of the subject project per the attached scope.

AGREEMENT
A. Amendment. The Parties agree that Task Order No. 1 shall be amended as set forth below.

1. Section 2 “Scope of Services”. All scope of services remain unchanged with the addition of work in attached hereto as Exhibit A shall be incorporated by reference (“Modified Work”).

2. Section 3 “Compensation and Payment”.

A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules set forth in this Amendment No.1. The total combined compensation for the Original Agreement and this Amendment No.1 shall be changed to fifty seven thousand dollars ($57,000.000).

3. Agreement in Effect. All other provisions of the Original Agreement, as amended, shall remain in full force and effect.

ATTACHMENT 1 12.a
Packet Pg. 149 Attachment: Attachment 1 - Amendment to Task Order 1 with Fehr & Peers [Revision 1] (5228 : Approve Amendment 1 with Fehr & Peers Esp & Consultant Services Agreement
CSA
Amendment No.1 Page 2
OAK #4817-6120-9406 v3
IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No.3 as of the date first written above.

CITY OF PACIFICA
By:

Kevin Woodhouse
City Manager

CONSULTANT

FEHR & PEERS
By:

Geoff Rubendall
Principal
ATTEST:

By: __________________
Sarah Coffey
City Clerk
APPROVED AS TO FORM:

By:

Michelle M. Kenyon
City Attorney

12.a
Packet Pg. 150 Attachment: Attachment 1 - Amendment to Task Order 1 with Fehr & Peers [Revision 1] (5228 : Approve Amendment 1 with Fehr & Peers Esp & Consultant Services Agreement
CSA
Amendment No.1 Page 3
OAK #4817-6120-9406 v3

EXHIBIT A
SCOPE & COMPENSATION OF AMENDMENT NO. 1

12.a
Packet Pg. 151 Attachment: Attachment 1 - Amendment to Task Order 1 with Fehr & Peers [Revision 1] (5228 : Approve Amendment 1 with Fehr & Peers Esp & 345 California Street | Suite 450 | San Francisco, CA 94104 | (415) 348-0300 | Fax (415) 773-1790 www.fehrandpeers.com
December 5, 2022
Mr. Ryan Marquez, P.E., Associate Civil Engineer
Public Works Department, City of Pacifica
151 Milagra Drive
Pacifica, CA 94044
Subject: Proposal for Additional Design Services for the Esplanade Avenue and Palmetto Avenue Bicycle and Pedestrian Improvement Project in Pacifica, California
Dear Ryan,
We have prepared this proposal to amend our contract to include paving design support for the project. We have brought on NCE to perform this work based on their experience on similar work in the City of Pacifica.

To provide construction documents (plans, specifications, and estimates) for paving improvements, this amended scope of work includes work performed by NCE and Fehr & Peers staff to coordinate the design details and project documents with NCE staff. Our proposed scope of work, fee, and schedule is described below.

Scope of Work
Task 3: Construction Documents
This consists of paving design and preparation of construction documents for NCE, and additional effort by Fehr & Peers to coordinate with NCE to ensure a complete and coordinated set of construction documents.

Paving Design and PS&E
To support this effort, NCE will review pavement condition, confirm pavement treatment, mark base repairs, conduct field data collection on concrete repairs/improvements and incorporate this information into the project design documents (PS&E) consistent with the work executed as part of the citywide paving projects NCE is leading. NCE’s proposed detailed scope of work, including assumptions for this work, are included in Attachment A.

Additional Project Management & Coordination
Fehr & Peers will work with NCE to integrate the paving improvements into the design documents, including coordination between our respective drafting teams, performing an inter12.a Packet Pg. 152 Attachment: Attachment 1 - Amendment to Task Order 1 with Fehr & Peers [Revision 1] (5228 : Approve Amendment 1 with Fehr & Peers Esp & Mr. Ryan Marquez, P.E.

December 5, 2022

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Pacifica City CouncilJanuary 9, 2023

Pacifica City Council
January 9, 2023