CITY OF PACIFICA
CITY COUNCIL MINUTES
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 June 26, 2023
SPECIAL AND REGULAR MEETING
June 26, 2023 (MONDAY)
www.cityofpacifica.org
Mayor Tygarjas Bigstyck called the meeting to order on June 26, 2023 at 6:00 PM 6:00 PM CLOSED SESSION
Mayor Bigstyck called the meeting to order at 6:00 p.m., stating that all councilmembers were present, and announced that the Council would meet in Closed Session. 00a. CONFERENCE WITH LABOR NEGOTIATORS - Government Code section 54957.6 - Agency designated representatives: Mark Wilson of Burke, Williams, and Sorenson; Employee organizations: Fire Battalion Chiefs, IAFF Local 2400; Fire Fighters, IAFF Local 240; Management Unit, Teamsters Local 350 ; Miscellaneous Employee, Teamster Local 856; Pacifica Police Officers Association; Police Mgmnt (PPMA) & Police Supervisors (PPSA); Wastewater Treatment Plant Teamsters Local 856
7:00 PM OPEN SESSION
Call to Order
Mayor Bigstyck reconvened the regular meeting at 7:04 p.m.
Attendee Name Title Status Arrived
Tygarjas Bigstyck Mayor Present
Sue Vaterlaus Mayor pro Tem Present
Sue Beckmeyer Councilmember Present
Mary Bier Councilmember Present
Christine Boles Councilmember Present
City Clerk Coffey took a verbal roll call.
Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Lisa Petersen, PW Director; Yulia Carter, Asst. City Manager; Christian Murdock, Planning Director (Zoom); Maria Sarasua, Police Chief; Bob Palacio, PB&R Director; Maria Aguilar, PW Dep. Director- City Council Regular Meeting 2 June 26, 2023
Wastewater Div.; Roland Yip, PW Dep. Director-Field Services/Engineering); Stefanie Cervantes, Senior Planner; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.
Reading of Land Acknowledgment
Mayor Bigstyck read the Land Acknowledgment
Salute to the Flag led by Councilmember Bier
Closed Session Report
City Attorney Kenyon stated there was no reportable action.
SPECIAL PRESENTATIONS
A. Proclamation - Dr. Heather Olsen
Mayor Bigstyck read a proclamation honoring the retirement of Dr. Heather Olsen, Superintendent of the Pacifica School District.
Dr. Olsen stated she was honored to be here. She respected the work the Council did and enjoyed getting to know them. She stated that she will be replaced as superintendent by Dr.
Darnise Williams and she feels great about handing the baton to her.
Councilmember Bier thanked her for all she has done for our community in the past five years, and she found it a pleasure to watch her gracefully maneuver through the global pandemic with all the worried families. She appreciated her participation in the Pacifica Collaborative and the example she set on what it means to be a true community leader, and she will be missed.
Councilmember Beckmeyer stated that she has a special opportunity to thank her from her position on City Council as well as the Pacifica School District. She commended Dr. Olsen on all the phenomenal accomplishments and technological strides made while she has been at the helm, and the investments are key to school staff to be able to instruct students.
Councilmember Boles stated she got to know her because of the Workforce Housing Project.
She stated it was a pleasure to see her there to answer questions to make sure they complete this important project to help teachers. It was important work and a huge undertaking, and she did it by building community partnership. She thought it was a prime example of how to build consensus and address the public. She thanked her for her leadership.
Mayor pro Tem Vaterlaus stated that she sees Dr. Olsen in the community and they appreciate that she spends time in the community when they get together. She knows the Workforce Housing Project will be a great project. She thanked Dr. Olsen for everything she has done.
City Manager Woodhouse stated that he normally doesn’t comment on proclamations by City Council but, for Dr. Olsen, he would like to make an exception because she is his counterpart for the Pacifica School District. He stated that they started in Pacifica about the same time and her responsiveness, collaboration, and dedication to her job at the Pacifica School District and the field of education is incredibly admirable. It has been an incredible pleasure to work beside City Council Regular Meeting 3 June 26, 2023
her and collaborated with the city and both school districts in providing for the residents. He thanked her and wished her the best.
Mayor Bigstyck stated that his colleagues have said everything he would say and probably more aptly. He shared a moment recently where he interacted with a former teacher and he thought about the many good educators he was blessed to have and he stated that Dr. Olsen was the one who coordinates them and she is the one who ensures the minds of the entire community for generations to come. Mayor Bigstyck commented that, if she told him 30 years ago that he would be sitting in the mayor’s chair, he would have thought she was off the mark. He stated that they look forward to who rises to the occasion because of the work she has done over three decades. He thanked Dr. Olsen for that.
Elizabeth Bredall, Pacifica, stated she is one of the trustees on the School Board and Dr.
Olsen came to them five years ago when the previous superintendent had retired. Dr. Olsen has a way of making everyone feel at ease, and like lifelong friends even shortly after they meet. She stated that, when Dr. Olsen took over as the School District’s new superintendent, they looked forward to many goals. Then the COVID-19 pandemic happened. She guided them to through everything and worked countless hours. They are very lucky to have her leadership to guide them through COVID-19. She has worked hard to get the Workforce Housing Project through the Planning Commission and City Council and, once completed, it will be a legacy from her time in Pacifica. She thought being a superintendent of any school district is often a thankless job, but our community owes her a lot.
B. Proclamation - "Parks Make Life Better!" Month - July 2023 Mayor Bigstyck read a proclamation honoring July as “Parks Make Life Better!” Month.
PB&R Director Palacio stated that Parks, Beaches and Recreation do make life better through their flourishing senior programs, packed summer camps for kids, the beaches that are filled with surfers, and the trails with people who enjoy them. He appreciated the proclamation for their profession and the ethos that PB&R stands for and he couldn’t be more happy for the city and their profession.
Councilmember Beckmeyer wanted to say that PB&R Director Palacio is helping us make parks make life better, and she is grateful to him for how instantly he hit the ground. She stated that he is right there bringing us new ideas and new things to improve our parks, and she thanked him.
Councilmember Bier seconded that, adding that it has been a pleasure having him come aboard and be ready. She felt it was easy to trust him and she can’t wait to do more work with him.
Councilmember Boles stated that we have such great resources here in our mountains and ocean and it takes a lot to manage. They have been discovered since COVID-19, and there are some challenges that we will be facing together in the city to solve those problems. She stated that it isn’t just the health but also the community building and support for one another which is a key part to our city and she thanked him.
Mayor pro Tem Vaterlaus stated that the fact that he has brought new things and helped the youth with their passion. She thanked him for everything he has done and appreciated him.
City Council Regular Meeting 4 June 26, 2023
Mayor Bigstyck stated that one of the themes of the evening is the far-reaching effects that can be had. He was amazed at what PB&R does and how it is so versatile in terms of the health and well-being of the community. He stated that it all boils down to the health of our community. He thanked him for the job he does and overseeing that the job is getting done.
CONSENT CALENDAR
Mayor Bigstyck made a motion to reorder the consideration and public hearing items on the agenda (Item #7 and Item #8) to discuss Item #8 on Consideration prior to Public Hearing Item #7; seconded by Mayor pro Tem Vaterlaus.
REORDER THE CONSIDERATION AND PUBLIC HEARING ITEMS ON THE AGENDA TO DISCUSS ITEM #8 PRIOR TO ITEM #7:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Mayor
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Mayor Bigstyck asked if any Councilmembers who want to pull an item off the Consent Calendar. Seeing none, he opened up to public comment. There were no public comments.
CONSENT CALENDAR (ITEMS #1 - 5):
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Boles, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
1. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Special and Regular Meeting held on June 12, 2023.
2. Amendments to Consultant Services Agreements for On-Call Planning Services, Building Division Staff Augmentation, and Related Services Between the City of Pacifica and CSG Consultants, Inc., M-Group, and Raney Planning & Management, Inc.
PROPOSED ACTION: Move to adopt the following resolutions to approve the following agreement amendments:
1) Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute a Sixth Amendment of the Consultant Services Agreement With CSG Consultants, Inc. for Building Official, Building Inspection, Plan Review, Current Planning And Related Services” to extend the term of the Agreement to June 30, 2024, and to authorize compensation not to exceed the compensation for Building Division contractual services in the City budget, to be adopted, for FY 2023-24, and authorize the City Manager to execute the amendment; 2) Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute a Sixth Amendment to the Consultant Services Agreement with M-Group for On-Call Planning and Related Services” to City Council Regular Meeting 5 June 26, 2023
increase the cost ceiling amount by $125,000 with a total contract amount not to exceed $1,075,000 and to extend the term of the Agreement two years to June 30, 2025, and authorize the City Manager to execute the amendment; and, 3) Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute a Seventh Amendment to the Consultant Services Agreement with Raney Planning & Management, Inc. for Contract and Related Services” to increase the cost ceiling amount by $75,000 with a total contract amount not to exceed $975,000 and to extend the term of the agreement two years to June 30, 2025, and authorize the City Manager to execute the amendment.
3. Sharp Park Priority Development Area Pedestrian Improvement Project TFCA Funding Agreement between City/County Association of Governments and City of Pacifica PROPOSED ACTION: Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Approving the Fiscal Year 2023-2024 TFCA Funding Agreement (“Agreement”) between the City/County Association of Governments of San Mateo County, a Joint Powers Agency whose members include the County of San Mateo and the twenty incorporated cities and towns within San Mateo County (C/CAG) and the City of Pacifica” and Authorize the City Manager to sign the Agreement.
4. Community Center Roof Coating Project
PROPOSED ACTION: Approve the Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving (upon approval of the FY 2023-24 budget) the Construction Contract with Pacific Polymers Inc. in an amount not to exceed $464,196.60; Authorize a budget authority in the amount of $533,826.09, which includes contingencies in an amount not to exceed fifteen percent (15%) of the Construction Contract amount; Authorize staff to Execute Future Change Orders not to exceed the contingency amount; and Authorize the City Manager to execute all documents related to the Community Center Roof Coating Project.”
5. Resolution Granting Consent to the City of Burlingame to Form the San Francisco Peninsula Tourism Marketing District (SFPTMD) and Include the City of Pacifica in the SFPTMD
PROPOSED ACTION: Adopt the attached resolution granting consent to the City of Burlingame to form the San Francisco Peninsula Tourism Marketing District (SFPTMD) and include the City of Pacifica in the SFPTMD.
PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Giovanni Guadagnini, Pacifica, referred to his lawsuit in 2014 for a sidewalk on Palmetto on the east side, and he questioned why when it was placed on the west side, it was put in without safety rails, and expressed other concerns for safety for people in wheelchairs, walkers or canes; for police not issuing tickets for parking violations; and for street paving concerns.
Ken Miles, Pacifica, wanted to speak about the wildfire season, and shared some history then expressed concerns about the dangers in the near future and possible safety options. He provided a copy of his written comments to City Council.
Paul Totah, Pacifica, thanked Council for what they do and, as a founding member of Tree City City Council Regular Meeting 6 June 26, 2023
Pacifica, he expressed his thoughts and concerns on the increased permit fee for pruning and removing trees.
Gail Benton Shoemaker, Pacifica, stated she is speaking as a member of Tree City Pacifica, and she expressed her thoughts and concerns on the increased permit fee for pruning and removing trees.
Larry Bothen, Pacifica, requested Council have a study session on the Coastal Commission’s decision to block Pacifica’s plan for the Local Coastal Plan and shared his thoughts and concerns on this issue.
Linda Quinn, Pacifica, echoed what Mr. Bothen said, and then referred to the Sharp Park Development area on the agenda and she expressed several questions on this issue.
Sheryl Calson, Pacifica, echoed what Mr. Bothen said, and she shared her thoughts and concerns on the Coastal Commission’s response on the LCP.
Frank Vella, Pacifica, referred to signed petitions that were presented to Council at a previous meeting regarding the LCP and specifically Beach Blvd. protection and shared his thoughts and concerns on this issue.
Anita Rees, Pacifica Resource Center, shared information on their Safe Parking Program and highlighted the need for support in response to harassment experienced by participants.
Mayor Bigstyck asked the City Manager, when they had tours of Beach Blvd. with our legislators, whether they posted public information that was provided for them.
City Manager Woodhouse stated that they created a coastal projects issues summary, which included a March update and an informational fact sheet provided to our legislators, and it could be posted on the website.
Mayor Bigstyck stated, regarding the Coastal Commission, staffs are working together after getting feedback that would inform a Coastal Commission meeting as they have been working with their staff to try to address the various points. At this point, they don’t know of any policy changes that diverge from what Council recommended and they would need staff to finish that conversation before they can update the community.
City Manager Woodhouse agreed, stating that they are working on early discussion of the Local Coastal Land Use Plan with Coastal Commission staff on the comments they made and they will provide updates to the community about that process later in the summer when the timeline for that effort with the Coastal Commission and future public meetings is developed.
Mayor Bigstyck referred to the Beach Blvd. Infrastructure Resiliency Project and an upcoming meeting to discuss the preliminary design phase of that project, and City Manager Woodhouse provided more information on the meeting details.
Mayor Bigstyck emphasized that staff is working with Coastal Commission staff to see if there needs to be any discussion of policy going forward or continue with what we set forth to Coastal Commission prior.
Councilmember Beckmeyer appreciated those who came out tonight and expressed their City Council Regular Meeting 7 June 26, 2023
opinions and needs for information. She stated that it is a long process and she is hearing the frustration when they are not hearing from Council on what is going on. She has received emails from people stating they don’t think anything is going on, and she wanted to confirm that they are holding meetings to move our process forward and two councilmembers are participating on a subcommittee in that process and listening to the community and engaging with the consultants and staff. She stated that they are moving that project forward and, in terms of the support they are seeking from our state and federal representatives and the tours they had, the work that is going on and ongoing every week is making sure those legislators understand our needs in Pacifica, especially the ones who spend a lot of time in Sacramento; and it is very important that they understand how different Pacifica is. She stated that they need to update them and their staff members about our conditions, neighborhoods, and needs. For years prior to her and Councilmember Bier being elected, they have been working with our federal representatives. Through years of effort with the Army Corp, they are engaging to have a study done and putting pressure on our representatives at the federal level to bring those resources to Pacifica, look at our coastline and help us with the planning and addressing what we need to do to protect ourselves.
City Manager Woodhouse stated that the high level and more detailed information is in the coastal issue summary memo to be posted on the website. Regarding the US Army Corp of Engineers studies, there is a program called Continuing Authorities Program which is a funding program available to regional areas under their authority to fund and Pacifica has two studies.
In the future, the request has been to encourage a larger Army Corp study that is called the General Investigation, which takes an act of Congress to fund that but is a program we would like to accomplish in the future.
Councilmember Bier wanted to make sure the community is aware of Supervisor Ray Mueller and his infrastructure strategies; he is working on a regional infrastructure strategy plan to cover his district. She stated that there is work happening in different places. She apologized for not sharing enough information, and she feels they need to do that better.
COUNCIL COMMUNICATIONS
Mayor pro Tem Vaterlaus stated she went to the Colma Creek meeting, the Fairmont Homeowners Association meeting, and the City and County Association of Governments Regular and Legislative Meeting. She attended Coffee with a Cop as well as a meeting with Smart Coast California. She attended the Economic Development Networking Event at the Community Center. The Emergency Services Council for San Mateo County discussed fire.
She stated that is important and they discussed a new plan for the coast that Ray Mueller developed called Coastal Resilient Infrastructure Strategic Plan (CRISP), which combines all the services and all the information together with the entire coast. Regarding the sea wall, she met with Elise from Marc Berman’s office. She understands, as does Marc Berman, that sea wall is the biggest thing she discusses with them. She stated, on that day, Ray Mueller had an opening of his office on the coast. At that meeting, she talked to Congresswoman Anna Eshoo about the sea wall and its importance, and wherever they go, they are engaged with them. She stated that Ray Mueller was at the Democrats meeting. She went to a Fog Fest meeting, Council of Cities meeting, and Flood and Sea Level Rise Committee meeting. They also met with a group from their sister city of Barcelona, Catalonia, Spain. They discussed where the statue they donated to the Community Center would be placed and what we’re going to do there once it was brought down. She stated that they work in collaboration with all kinds of other people.
City Council Regular Meeting 8 June 26, 2023
Councilmember Boles stated, after the last Council meeting, she went to Santa Rosa for CivicWell’s Climate and Energy Forum and it was wonderful. There were elected officials there but also a lot of government employees, non-profits, and other organizations working across the state on these issues; it was neat to see that collaboration happening and education across sectors happening. A lot of the presentations were from Sonoma County and the lessons they learned after the fires there that devastated multiple communities and the way they came together and the County Office of Sustainability took the lead, coordinating with the different cities. Their office became the key to get out the information about money and helping cities collaborate. She got introduced to our County Sustainability Office leaders and she will be meeting with them to see how we on the coastside, who sometimes feel left out, can make sure we have a place at the table. She stated that Ann Edminister was there, and she is now in Petaluma leading their Climate Action Commission which is a permanent commission in their city. She thinks they are bringing forth policies that are really visionary, as they approved banning new gas stations knowing that the state is moving to all-electric cars. She stated there were great stories from Berkeley, working on building performance standards and energy leaders. The state is working to double the capacity of the grid and to shift the load issues. She stated the goal is grid sustainability, but this will all end up bringing the cost of power down.
That night she came back and met with the Pacifica Climate Committee and they were talking about Transit Month and she wondered about some new SamTrans on-demand shuttles in both Half Moon Bay and East Palo Alto. Those communities, including the mid-coast, have also been looking at road analyses and meeting with Caltrans to look at potential projects to improve their circulation and to find funding for the projects. That was the other message of the conference: there is so much money coming from the Inflation Reduction Act. She met with Commute.org and they have a survey that is specific to individual cities to understand people’s commute patterns. This will be data that goes into researching possible shuttles in the future.
She attended the Planning Commission meeting on the Housing Element and appreciates staff and Samantha Hauser for her leadership on these issues and trying to dig in and make sure we are going to get the right kind of project for our city out of this process. She met with the Emergency Preparedness and Safety Commission, and they were talking about the Housing Element, and they are wanting to understand emergency access and evacuations as part of that. Mayor pro Tem Vaterlaus and Councilmembers Boles and Bier attended the Economic Development Business Resources and Networking event. They brought in a speaker on how the small business administration from the county can help our businesses, as many of them are still struggling financially. She also met with Elise from Marc Berman’s office and Josh Becker about similar issues and transportation. She went to the Sanchez Art Center exhibit on resilience. She also shared information on the upcoming Pacifica Beach Coalition cleanups.
Councilmember Beckmeyer attended and wanted to highlight for the public and staff the Resource Management and Climate Protection Committee, which is a CCAG committee. They have presentations every month from Tom from BAWSCA (Bay Area Water Supply and Conservation Agency), and she has been attending our North Coast County Water District board meetings. She stated that they are using a term in BAWSCA called the concept of “One Water,” which includes wastewater, storm water and everything dealing with water. One thing is they are looking at grant support services to allow member agencies to avail themselves of grant writing resources. One thing Pacifica and NCCWD are partners in, interestingly, is our treatment of water and our wastewater system and the reuse of that water for irrigation at the San Francisco-owned Sharp Park Golf Course, but also some of it waters the Oceana High School Field and is referred to as purple pipe water. She stated that they gave a presentation about using purple pipe water to water the Sharon Height’s Golf Course, but one thing that got her attention is that there is money and Len Materman and OneShoreline are looking at similar projects as the Sharon Heights Golf Course project as we have already implemented in City Council Regular Meeting 9 June 26, 2023
Pacifica. What she said to them at the end of the meeting is what about federal and state grant money available to extend what is already in place. She wanted to bring that forward to everyone’s attention and added that it was exciting when they talked about innovative projects, including the fog capture pilot that Samantha Hauser brought forward. The more we are out in the community, the more everyone is hearing about this and bringing these resources to light.
Councilmember Boles added that everyone can do their own purple pipes, capture the water from their sinks, showers, etc., and use them to water gardens directly. That is water you use every day that can be reused, especially if you can reuse the water from your laundry; no permits are required, and it is a simple thing to do.
Councilmember Bier referred to the comments of SamTrans on demand, and there was a pilot in Pacifica. The pilot on-demand was only in the Linda Mar Valley and there wasn’t enough ridership. We might want to take a look at that and suggest that maybe in the other side of town, that might be a better place to pilot that kind of project. She stated that Hunter Pence was in Pacifica today with the Pacifica Beach Coalition picking up trash in Linda Mar and everyone was so excited. She stated that there was also some information that came out of the county about some new fines for illegal fireworks that the county has put into place. She then referred to the Safe Parking Program. Council created a program where they put people in the public right-of-way and have put them in a place where they don’t feel safe anymore and where the communities around the people the city put in the public right-of-way are harassing them and making them feel unsafe. She needs to say that, in Pacifica, we need to support all of our citizens, and if we have people who are part of a city program and a program running out of our Pacifica Resource Center, and they have a tag on their RV and they are working to get housed, they must leave them alone and let them sleep, go to work, and find housing. They are in the program for a reason, not because they want to live in their RV, and she was begging Pacificans and everyone out there that, if you see something, say something, as these people are part of our program and we need to keep them safe. They need to be able to sleep at night and go to work and feel okay. She stated that it is a lot of work to try to get housed, as you have to meet with your case manager, fill out all the papers, be on top of everything, and put your name on different applications. It is not easy, and it takes a long time. The fact that we are able to help 2 or 3 people get housed, that is amazing. She didn’t feel happy that she has put someone in harm’s way. She hopes they can all work together to make sure that they leave the program participants alone and let them get housed. She thanked Anita Rees for being here at this meeting. She stated a lot of meetings were cancelled. She asked about ways to discuss the lack of quorum in recent Economic Development meetings. She stated the Bike and Pedestrian Advisory Committee meeting through CCAG was also cancelled this month.
She went to Council of Cities in Foster City and learned about their lagoon. She stated that, with her position with CalCities Peninsula Division, there are a couple of events coming up: a Giants game on September 27, the League of Cities annual conference on September 20-22, and a mental health event on October 6 in Santa Clara County.
Mayor Bigstyck stated that on June 13th, he attended the Rotary Club with City Manager Woodhouse and they gave another State of the City talk. He thanked City Manager Woodhouse for putting together that package and thanked staff for the remarkable work they do on a constant basis. He attended the ABAG General Assembly. They talked a little more about a bond measure initiative they will likely bring up in 2024, a $1 billion bond measure statewide to address housing and part of their planned Bay Area 2050 planning efforts. They discussed their $1 million structural budget deficit and various strategies to shore that up. There were a couple of presentations about place in economy and about efforts driving regional businesses, and they ended by celebrating the ABAG 60th anniversary. That same day, Ray Mueller opened up his City Council Regular Meeting 10 June 26, 2023
coastside office. The next day, he saw Ray Mueller speak at the City Democrats meeting and in the afternoon he attended the Millbrae Juneteenth celebration. He wished everyone a happy belated Father’s Day. On June 21st, there was an OSPAC meeting where the developer of the Linda Mar Woods Project expressed that he would like to speak about that project at a future OSPAC meeting, and he thought it will be slated for their August meeting. There were members of the GGNRA present and they began by addressing some Mori Point concerns, as they did everything they could to update mapping resources and create a new way of finding signage; that will hopefully be up in about a week and they will be working more robustly on getting their planning efforts together and there are points where they will need community input, such as whether to close the Pollywog Trail. The neighborhood had the opportunity to speak and, at the end of the public comment session, the GGNRA leadership met with the neighborhood away from the meeting, and it was good that they got to talk to the source. There was an update on the OSPAC charter update process which will be coming to Council soon.
On June 22nd, he joined with Mayor pro Tem Vaterlaus in meeting a delegation from Catalonia to discuss our relationship as sister cities and what the plaza might be when the Portola statue will be removed in front of the Community Center. Catalonia has offered to pay for whatever the plaza becomes as something about community and brotherhood internationally. Later that night, he attended the Peninsula Clean Energy meeting. He stated that they received an Arating from Standard & Poors; , part and parcel with that are some very good money management practices so they have a surplus that they need to figure out how to spend. They heard about Senate Bill 537, Becker’s bill relating to remote meetings. It passed the Senate and is now going to the Assembly. He stated that, if you live outside of a 40-mile range, you will be able to attend the meetings remotely. There was more about the 24-7 time coincident energy and they are pushing it back to 2027 at 99% because there were a lot of issues due to supply chain. They also approved a project agreement with the SunZia Wind project in New Mexico, which is an enormous project, i.e., gigawatts of energy, and 13% of PCE’s load. They are taking a small portion of the huge project and that informs the 24-7 component, when energy can operate at nighttime when solar is no longer present. He attended the Council of Cities in Foster City and checked out their lagoon system. He attended the San Francisco Pride Parade and marched with Safeway. He stated that he and Councilmember Bier will be doing a television taping at PCTV on June 30th and discussing emotional intelligence and mental wellbeing. That will kick off a series of shows he intends on producing with regional leadership. He stated that it is designed as a forum for whomever is the mayor at the time to then be able to engage in regional leadership about issues affecting our communities.
STAFF COMMUNICATIONS
City Manager Woodhouse wanted to give a shout-out to our field services and streets division for a significant amount of weed abatement over the last month. The winter deluges have created significant weed growth, and the streets division has been out doing weed abatement along Oceana, Francisco, Lundy, Vallemar, the islands on Fassler on Highway 1, Terra Nova, Oddstad and Rosita, as well as doing sand cleanup along Linda Mar Beach, all in preparation for the 4th of July. He referred to a question asked relating to fireworks about citations and the recent county ordinance. He stated that they are looking into this, but counties have different citation authorities than cities do under state law. Our current understanding is that we don’t have that same authority but will look further into it and see if any state law has changed that we are not aware of and would allow that. He thanked Pacifica Resource Center Exec. Director Rees for bringing up the topic of the Temporary Safe Parking Program and for Councilmember Bier commenting on it. He stated that they are working in close collaboration with PRC to make these sites safer for the participating clients, including lighting at one of the sites that they recently installed. He echoed the phrase used because in Pacifica this has been a longstanding City Council Regular Meeting 11 June 26, 2023
mantra of the Pacifica Police Department, which is, “See something, say something.” He stated that the Police Department wants to know, regardless of whether someone thinks it’s a significant issue or not; they would rather get the call and know and be aware of the information than not. When it comes to harassment type of activity, the Police Department wants to know and, in this case, there is some activity that is happening related to the designated spots, and the Police Department, the city, and PRC wants to know. He emphasized for the audience not to hesitate to call the Police Department to let them know what you observed, when you observed it, and do it immediately and not later.
Police Chief Sarasua appreciated the conversation. She is really disturbed at what she is hearing, and they are going to be resourceful. She referred to the light he mentioned which will be accompanied by situational awareness cameras. This behavior not only won’t be tolerated, but they have a wonderful relationship with our District Attorney’s office which would be more than happy to take punitive action for any crimes that occur at the TSPP properties.
Mayor Bigstyck stated that the comments of Councilmember Bier are well-taken, referring to the Temporary Safe Parking Program. He stated that there is a date certain when the program will end; in the meantime, while they wait for that time to come, these are people who are trying actively not to have to live in their vehicle and that is why they are there. He stated that, in general, bullying speaks volumes about the person who is committing the act, and in this specific instance, it is an act committed on people who are known to be trying to better their circumstance in life. It speaks more loudly of those who are trying to pull down and make it harder for people who are trying to better their circumstance.
Mayor pro Tem Vaterlaus wanted to remind everyone about the Fog Fest on September 23 and 24 and the Fogcutter’s Ball at the Moose Lodge on September 16.
Mayor Bigstyck called a break and then reconvened the meeting.
PUBLIC HEARINGS
6. Consideration of a Joint Exercise of Powers Agreement approving the issuance of taxexempt Revenue Bonds by the California Municipal Finance Authority for the purpose of financing or refinancing the acquisition, rehabilitation, improvement and equipping for The Bluffs at Pacifica Apartments at 380 Esplanade Avenue (APN 009-131-060).
Recommended California Environmental Quality Act (CEQA) Status: General Rule Exemption, CEQA Guidelines Section 15061(b)(3).
PROPOSED ACTION:
1) Conduct the public hearing under the requirements of Tax Equity & Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”); and 2) Adopt the attached resolution authorizing and directing execution of a Joint Exercise of Powers Agreement relating to the California Municipal Finance Authority and approving the issuance of qualified 501(c)(3) bonds in an aggregate principal amount not to exceed $50,000,000 for the purpose of financing or refinancing the acquisition, rehabilitation, improvement and equipping of The Bluffs at Pacifica Apartments at 380 Esplanade Avenue (APN 009-131-060) and certain other matters thereto, and finding the action exempt from the California Environmental Quality Act (CEQA).
Sr. Planner Cervantes presented the staff report.
City Council Regular Meeting 12 June 26, 2023
Councilmember Boles wanted to hear from CMFA as this is the first time she has seen this kind of agreement, and she asked how they ensure the affordable units, whether deed-restricted for a certain amount of time, or whether there is anything about evictions of existing tenants.
Ben Parker, CMFA, stated that they are the largest affordable housing bond issuer in California.
Because they are the largest affordable housing issuer in the state, they have written the compliance manual, regulatory agreement, and everything used to ensure that the bond affordability is met to the lifetime of the regulatory agreement. He stated that CMFA also has 700-plus projects under compliance and they have a compliance staff that assures affordability and if the regulatory agreements are monitored and complied with every year. In addition, they have no defaults on any of their projects and 100% of their affordable housing projects are in compliance.
Councilmember Boles asked if he can clarify the length of the term of the regulatory agreement.
Mr. Parker stated that 30 years is the length of the term.
Mayor pro Tem Vaterlaus stated that she can see that the property is for sale, the amount of the sale, and the amount of the loan. She asked if the loan is so much higher due to rehabilitation.
Mr. Parker responded affirmatively, explaining that a straight market rate sale is quite a bit different than a taxes and bond issuance. When you do a bond issuance, for the federal terms, there is a percentage of rehabilitation that needs to go into the project. They have to rehab each unit: there is a certain dollar amount spent in each unit, and they can’t just offer market rate. The bonds that are issued are above market rate because they have to finance all the improvements and all the extra requirements that go along with the taxes on financing.
Mayor pro Tem Vaterlaus stated her main question is are there many guarantees that we will have zero liability as far as this loan.
Mr. Parker stated that is correct. The resolution being approved clearly states that the city has no liability, responsibility, or moral or fiscal obligation to the bonds, and that CMFA is the sole issuer of the bonds and that is why the CMFA is present now so the city does not participate in the bond issuance whatsoever. The city is only being used to hold the public hearing.
Mayor Bigstyck understood that, in regards to the fiscal impact in the staff report, as a result of this process, at some point there is some amount of money unknown at this time that will wind up going to the city. He asked Mr. Parker to talk about the structure of how CMFA gets funded and how it gets distributed and how the fiscal impact comes to be.
Mr. Parker stated that the CMFA is funded from their issuance fees. He stated, once the CMFA issues the bonds (up to and not to exceed $50 million), they won’t know the exact dollar amount until the bonds are actually issued. From there, the city receives 25% of our issuance fees; another 25% is discounted to the developer because they are doing non-profit housing; and an additional 10% is donated throughout the states to non-profits anywhere in the state.
Mayor Bigstyck asked about the issuance fees themselves.
Mr. Parker stated that the issuance fee covers CMFA’s cost to issue the bonds. They are all registered municipal financial advisors, and they have to not only issue the bonds and go through the whole tax process, which is a fairly lengthy process compared to a market rate loan, City Council Regular Meeting 13 June 26, 2023
and from there, they also have costs for the next 30 years where they monitor the bonds. The city will receive roughly between $10,000 and $15,000 of their issuance fee, and that should cover the staff’s time of reviewing the project. They do this because they are a member of CMFA. There are 350-plus cities, counties and special districts that are members and, instead of CMFA taking all the fees, they feel it is best to share the fee with the most local municipality that holds the TEFRA to cover costs that the city may have incurred by holding a public hearing.
Mayor Bigstyck thanked him for the explanation.
Councilmember Boles understood it was their business model, but she was curious how they look at their investment risks, especially in terms of properties that might be on vulnerable sites.
Mr. Parker stated that they evaluate that and have 1,200-plus projects that have been issued, and CMFA has one or two defaults because, in San Francisco, there is a charter school that went out of business. It was a technical default, but all the bond holders were repaid so it is not a true default. Skid row housing in L.A. is being taken over by the city of L.A. and a few nonprofit partners, and they are also technical defaults but not true defaults. They evaluate every project that comes quite thoroughly and they turn down tons of projects and they look at the public benefit of the project. In this case, this is meeting the federal affordability limits and they are able to produce 20% of the project which is currently market rate to put this under affordable regulatory agreement for the next 30 years.
Councilmember Boles thought it was exciting and thanked him.
Mayor Bigstyck opened the public hearing.
Suzanne Moore, Pacifica, stated this was exciting and she was on board for affordable housing. She expressed her thoughts and possible concerns and questions on how this works and appreciated clarifications on the deed restriction.
Kimberly Williams, San Mateo County Surfriders Foundation, stated they support affordable housing but she expressed her questions about the project being in a high risk area.
Mayor Bigstyck closed the public hearing.
Mayor Bigstyck referred to a question by the community about any catches. He stated that they will have housing designated specifically for very low affordable housing, which is the 50% median and below, and he was excited about it.
Mr. Parker stated that there are no catches.
Mayor Bigstyck asked the question about if the borrower goes bankrupt.
Mr. Parker stated, if the borrower goes bankrupt, effectively the process doesn’t affect the city’s bond capacity and the city is not liable fiscally or morally to repay the bonds. What would happen is that, if the developer for some reason went bankrupt, the bank would take over the property; there would be property management on site and they would be retained and they would bring in a new asset manager to run the affordable housing project. He stated CMFA has never gone through that process with the 700-plus projects they have done.
Mayor Bigstyck thanked him and asked about current tenants.
City Council Regular Meeting 14 June 26, 2023
Mr. Parker stated that there is a 3-year window to certify the residents and they don’t have to be certified if they don’t want to, but any residents who want to be income certified will go through a process and, if below the 50% AMI, their rent will be reduced to those levels. Thus, tenants won’t be displaced. Through natural attrition, tenants move in and out of apartment complexes and the average life in this area is 4.2 years. Through attrition, people would move out naturally and tenants that meet the income verifications would receive a reduction of the rent.
Mayor Bigstyck asked about the units that aren’t very low.
Mr. Parker stated that they remain the same, which is how they pay for the project, units remaining the same prices they currently are and are not affected in any way. Regarding the loan the developer is getting compared to a market rate loan, interest is much lower and the maturity goes out further than a regular mortgage would be, and that is how they are able to subsidize the rent.
Mayor Bigstyck asked if a tenant needs to be temporarily displaced due to rehabilitation whether they will get the first right to return.
Mr. Parker responded affirmatively, adding that all the units are going to be rehabilitated, and there will be a rehab plan when the project gets further down the process. This is a very beginning process of the financing stage.
Mayor Bigstyck concluded the tenants are accounted for.
Mr. Parker responded affirmatively.
Mayor Bigstyck stated the concern he heard expressed by both speakers had to do with the location of the project because we have had a substantial amount of bluff erosion in that area and he asked what he can tell them regarding the concerns expressed by our community that it is conceivable that the complex is destined for the ocean.
Mr. Parker stated that this project will be fully insured under the bond terms/purchasers as that is one of the first requirements in such areas (that there is full insurance on the project). If something catastrophic happens, the insurance would kick in and fix the project; or, if it was gone, the bonds would be retired and the insurance would pay back the bond holders. He stated that it is similar to the Santa Clarita area with a lot of the fires and some of the northern California projects that had consistent fires where projects burned down. Insurance terms are expensive for this type of the area, but that is fully baked into the financing of the project.
Councilmember Boles asked, in the event of bankruptcy, sea level rise, or bluff erosion, would the insurance cover demolition of the buildings if needed.
Mr. Parker stated that the projects have to be insured for catastrophic losses and, if something happens, the insurance would repay the bond holders and wipe out the building.
Councilmember Boles concluded it would be removed if need be.
Mr. Parker responded affirmatively.
Councilmember Boles stated they have had issues with more and more rental units being City Council Regular Meeting 15 June 26, 2023
converted to short-term rentals and she wondered if there was a prohibition of that.
Mr. Parker stated that the bond documents clearly lay out that there are no short-term rentals.
Councilmember Bier moved to adopt the attached resolution authorizing and directing execution of a Joint Exercise of Powers Agreement relating to the California Municipal Finance Authority and approving the issuance of qualified 501(c)(3) bonds in an aggregate principal amount not to exceed $50,000,000 for the purpose of financing or refinancing the acquisition, rehabilitation, improvement and equipping of The Bluffs at Pacifica Apartments at 380 Esplanade Avenue (APN 009-131-060) and certain other matters thereto, and finding the action exempt from the California Environmental Quality Act (CEQA); seconded by Councilmember Beckmeyer.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bier, Councilmember
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
7. Adoption of the Fiscal Year 2023-24 Operating and Capital Budget.
PROPOSED ACTION: Hold a public hearing, review, and move to adopt the following resolutions:
1. Adopt the resolution approving the FY 2023-24 Operating and Capital Budget;
2. Adopt the FY 2023-24 Capital Improvement Program appropriation of $1.205 million from the Roy Davies Trust Fund by a 4/5 vote
3. Adopt the resolution establishing GANN Appropriation Limit for FY 2023-24;
4. Adopt the resolution approving the City's annual review of the Investment Policy included as Exhibit A to the resolution, with no changes for FY 2023-24.
Agenda Item #7 was discussed following Agenda Item #8.
City Manager Woodhouse made brief introductory comments, and Asst. City Manager Carter presented the staff report.
Mayor Bigstyck stated Council would like to thank her and her team and commended the appearance and user-friendly nature of the budget.
Mayor pro Tem Vaterlaus moved to extend the meeting to 11:30 p.m.; seconded by Councilmember Beckmeyer.
MOVE TO EXTEND MEETING TO 11:30 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Continuation of Agenda Item #7 Discussion:
Councilmember Boles thanked Asst. City Manager Carter for all the work. She appreciated the descriptions of all departments and their goals to improve services, etc. She got a question from the public about the Roy Davies Trust Fund for Community Center improvements.
PW Director Petersen stated what they have allocated from the Davies Trust Fund now is City Council Regular Meeting 16 June 26, 2023
priority parks projects and a project within the Community Center addressing carpeting and flooring issues.
Councilmember Boles wanted to follow up on the beach parking funds. The packet states that there was going to be excess revenue over expenditures of $202,000 and the total revenue is $665,000 so this goes to pay our three rangers is what she understood through Public Works.
She thought that was a big extra, i.e., a third of the fund, and she thought Asst. City Manager Carter clarified that there was extra money in the fund left over from previous years. She asked if Asst. City Manager Carter was projecting a fund balance of $647,000. She wondered about what has changed or were there services we used to offer that we aren’t or are there things they might want to consider offering again. She understands that these monies can only be used for our beaches, according to the agreement with the Coastal Commission.
Asst. City Manager Carter stated she was correct, as it was one of our enterprise funds and it would be qualified in responses that they accumulated fund balance now. The use of this fund balance is going to be future policy decisions that they will be bringing forward and a portion of staff time is being allocated to this fund on an ongoing basis but they still have a little excess of revenue. They are building a fund balance for future decisions related improvements or implementation of services related to the beach.
City Manager Woodhouse added that it is important for the enterprise fund that they have a fund balance as they will have future capital projects necessary, i.e., resurfacing of the parking lots, bathroom improvements, etc., and like any of our funds, for a one-time capital expenditure, it is important to have that bandwidth. While there may be some interim bathroom cleaning contracts that we can pay for out of that fund balance, they have to be careful about any ongoing obligations because there could be years in which, combined with capital projects where revenues aren’t exceeding expenditures, that is a concern they have to be aware of.
Councilmember Boles stated she would like to see an estimate of a bathroom contract. As she read through the investment policy and the treasurer’s report which she understood will be coming quarterly, with the new fund they are creating for the affordable housing fund, she asked if that fund could be placed in an account where it is also gaining interest and they can hopefully build it through that.
Asst. City Manager Carter thought she was mixing a little bit of allocation, i.e. ledger vs. investment portfolio. All the funds are currently allocated and they all earn interest.
Councilmember Boles asked if Asst. City Manager Carter can explain the investment policy, such as are there certain accounts or funds, or what puts something in the investment versus just an interest.
Asst. City Manager Carter stated that they can have this conversation when they bring the next quarter investment policy report, so she can provide additional information of how the funds are distributed with in lieu funds, some money should be left in the checking accounts to maintain the cash flow, etc.
Councilmember Boles stated she will look for the treasurer’s report for that question later.
Councilmember Beckmeyer was trying to reconcile a table in the budget book with what was on a presentation slide. Asst. City Manager Carter noted the discrepancy in the budget book and confirmed all the slides and the budget resolution are correct. She stated the budget book will City Council Regular Meeting 17 June 26, 2023
be corrected before publishing.
Councilmember Beckmeyer stated, on the intergovernmental line, where they see in 2021-22 and 2022-23, if that is where they see the ARPA money, which they no longer receive.
Asst. City Manager Carter responded affirmatively.
Councilmember Beckmeyer noted a change to a graphic, and she believes the very first slice of the dollar should be a text amendment to Pacifica School District.
Asst. City Manager Carter confirmed.
City Manager Woodhouse, Asst. City Manager Carter, and City Attorney Kenyon clarified that the budget book had an incorrect number but the adopted resolution and slides were accurate.
They also clarified that the budget book was not attached to the resolution.
Mayor Bigstyck opened public comments and, seeing no one, closed public comments and brought it back for questions, deliberations or a motion.
Mayor pro Tem Vaterlaus moved that they adopt the resolution approving the FY 2023-24 operating and capital budget; seconded by Councilmember Beckmeyer.
AGENDA ITEM #7-1
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Mayor pro Tem Vaterlaus moved to adopt the FY 2023-24 Capital Improvement Program appropriation of $135,400 from the Roy Davies Trust Fund by a 4/5 vote; seconded by Councilmember Boles.
AGENDA ITEM #7-2
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Christine Boles, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Mayor pro Tem Vaterlaus moved to adopt the resolution establishing GANN Appropriation Limit for FY 2023-24; seconded by Councilmember Bier.
AGENDA ITEM #7-3
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Mary Bier, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
City Council Regular Meeting 18 June 26, 2023
Mayor pro Tem Vaterlaus moved to adopt the resolution approving the City’s annual review of the Investment Policy included as Exhibit A to the resolution with no changes for FY 2023-24; seconded by Mayor Bigstyck.
AGENDA ITEM #7-4
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Tygarjas Bigstyck, Mayor
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Mayor Bigstyck again thanked all staff for their efforts from top to bottom.
CONSIDERATION
8. Disbanding of Current Library Advisory Committee membership, Resolution Amending the Library Advisory Committee, and Recruitment of the new Committee PROPOSED ACTION: It is recommended that the City Council take the following actions:
1. Move to disband the current Library Advisory Committee membership; and
2. Move to adopt the attached resolution titled, “A Resolution of the City Council of the City of Pacifica Rescinding Resolution No. 02-2016 and Amending the Charter of the Library Advisory Committee”; and
3. Direct the City Clerk to begin the recruitment process for the community at-large Library Advisory Committee members.
Agenda Item #8 was discussed prior to Agenda Item #7.
City Clerk Coffey presented the staff report.
Mayor Bigstyck stated one resident asked where to find the Commission and Committee handbook, and City Clerk Coffey replied it is publicly posted on the city’s website.
Mayor Bigstyck concluded that staff’s recommendation is to cut the committee in half.
City Clerk Coffey stated for the allocated positions but some of those positions never had a representative so it is effectively not quite cutting the committee in half.
Councilmember Bier asked if it was possible to have youth seats on the Advisory Board.
City Clerk Coffey stated that Council can discuss and deliberate on whether they would like youth seats and how those should be designated, i.e. full voting member, Council-appointed position or ex-officio non-voting position that is just providing input or attending regularly and getting information. One thing she would like to highlight is looking at and discussing structuring the committees so they have success in achieving quorum and not putting them in a position where the structure leads to lack of quorum issues.
Mayor Bigstyck opened public comments and, seeing no one, closed public comments.
He thought it would be charming to have a representative from each high school and make City Council Regular Meeting 19 June 26, 2023
them as non-voting representatives.
Councilmember Bier stated that she will always advocate for voting seats for young people, but she would like to hear from Councilmember Beckmeyer about her thoughts about this.
Councilmember Beckmeyer appreciated that. She thought switching to this format is a good idea as she has attended many meetings and witnessed the lack of quorum issue. She appreciated the thinking that went into the structure of this in 2016 but thought what could move forward is keeping the need to inform and connect with the different groups in the forefront of the committee’s work. She stated that there was nothing to prevent a committee from deciding among themselves who would be designated or who would volunteer to reach out to a group.
To have that kind of cross-pollination was what she understood the thinking to be and to be inclusive and make sure all sectors of the community had an opportunity to be involved and know about the library and be informed as a lot of decisions were made around design, etc., that needed to take all those things into consideration. She referred to lack of quorum and she has been experiencing this with the CCAG committee she is on. She stated that anything they can do to help the committee be strong and functional she is for, and they know the old structure wasn’t working. She supports the idea of doing the structure as they are, but she questioned in her mind having one Councilmember and an alternate versus the two they originally had. She thinks that is reasonable. Councilmember Beckmeyer also stated, regarding the youth piece, she agreed and would like them to be a voting member, but she wonders how they manage it. She stated that students have a lot going on in their lives and meetings in the evenings are not always going to be possible for students. She didn’t want them not to be a quorum, and this may be their first opportunity to participate and she didn’t want it to be punitive. She would defer to anyone who has a thought on how to encourage and incorporate student involvement and not have the committee’s functioning hinge on it.
City Manager Woodhouse had some thoughts regarding the youth component to the Library Advisory Committee. He stated that it might be the conversation on this topic that was remembered was related to the Climate Adaptation and Action Plan and a discussion of youth involvement in that. He thought it wasn’t that there was a designated position related to youth but youth were encouraged to apply. That could be the case with the members of the Library Advisory Committee. One of the conversations related to that was that Director Palacio and his staff is going to be working to engage the Youth Advisory Board more in civic issues that Council is taking up. That has not traditionally been what they addressed in the past, but the future of libraries in Pacifica is an excellent topic for the entire Youth Advisory Board to engage and be active in. To the point that was made about the role of the seven members is to outreach to all groups, and he thought certainly youth in schools is one of those very important groups to help amplify the message about the need for the libraries and have their involvement and specific input at certain milestones in the process. He thought Director Palacio and his staff could work with YAB to instigate that. He stated that Council could decide to designate one position that should be for our youth, but he thought the way it is recommended now is to put a preference on stating they really want a youth person involved in this and please apply but it is not a designated position. Regarding the point mentioned about is it a voting position or not, if it isn’t going to be a voting position, what is the difference between that and just encouraging youth members to attend the meetings.
City Clerk Coffey added another point for consideration. In the new structure, they are looking at creating for the Library Advisory Committee with expiration terms as well, which wasn’t imposed previously, similar to other committees and commissions with four-year terms. With the initial appointment of seven Council-appointed members, the first three are appointed for an City Council Regular Meeting 20 June 26, 2023
initial two-year term and the remaining four for a four-year term. On bringing up the issue of discussion of youth members, the terms may become an issue where they may resign and they recruit for that vacancy which is not an issue but just bringing up the discussion of terms in terms of youth involvement as well.
Mayor Bigstyck stated that her point is well-taken, and it occurred to him that, with the Measure Y oversight, one of the solutions was to designate a range of potentials they could appoint. He stated that he would have to check, but perhaps designate that they would like to have a space available for a youth voting member. Another thing he thought about was ex-officio might be a way to address youth if they were to have one from Terra Nova and one from Oceana. He thought it could be, as they are thinking in terms of reducing it from 14 to 7, they would love the feedback of other people and it might be nice to have ex-officio designations from these various committees and commissions that could show up and could have time to speak when the time comes and not be limited to the three minutes, but not voting members. He thought ex-officio could be a solution to enabling more feedback and they could potentially designate a range rather than a firm number of 7.
Councilmember Bier stated, in her experience, youth councils like to come in pairs, and if we are going to have a seat, it would be nice to have two seats and they might want to ask the Youth Advisory Board what they think about how these seats should be structured, and that information could help Council when they decide what the youth seat could look like. It could be a beautiful beginning of having youth seats on all of our committees and commissions, but she thought they should ask the Youth Advisory Board.
PB&R Director Palacio agreed and thought they could do that with no problem. He thought it would be something they would enjoy talking and giving input about. Whichever way we end of going, it will be important to have that youth voice in that committee somehow. He will talk with his staff and go to the Youth Advisory Board and ask them about what they think about whether it is too big of a commitment or a commitment that they would all feel they would be interested in and give Council some feedback and hopefully it will help them to make the best decision.
Councilmember Beckmeyer likes that idea and needs to understand timelines in terms of what is before them at this meeting because she knows they have work that needs to be getting underway. She is wondering about a hybrid of increasing the range from 7 to 9 to allow for two as one possibility as a way to amend this that leaves room for the designation of two seats for youth if they want to. She likes what City Manager Woodhouse said about encouraging youth to apply. The other thing she wondered about is, if they have youth positions, can they create a committee or commission that has terms as the City Clerk outlined but for designated youth positions, can they have a shorter term, such as one- to two-year commitments.
City Attorney Kenyon stated, however Council wants to formulate the committee, they can do it, but the key is going to be to make it clear at the outcome so people’s expectations are managed and met. If Council wants to have a youth position whose term is one or two years, that can be, and an at-large member that will have a four-year term and a councilmember who will have a one-year term. She stated that the configuration can be however the Council would designate.
Tonight, to keep the process moving, they can put in parameters in terms of what they potentially want, but they don’t have to designate what the number of the committee would be.
They wouldn’t need to put it in the resolution to have the PB&R Director reach out to the Youth Advisory Board to get their input; so when it comes back for Council determination on the appointments, they will have all that information in the staff report and deal with it all at that point so there isn’t a delay in getting all this information before Council can move forward and actually City Council Regular Meeting 21 June 26, 2023
make any appointments and before the Clerk can move forward with recruiting.
City Manager Woodhouse added, in regard to the timeline, that one of the reasons they expedited this to bring it tonight so they can start the recruitment process and have hopefully a committee appointed later in the summer so the committee is formed and beginning their work in a time that aligns with the City’s and San Mateo County Libraries’ grand opening ribbon cutting of the remote kiosks and services that will be provided at the Sanchez Library this fall.
That is the urgency about getting the recruitment process going and, to what the City Attorney is saying, if Council is interested in a flexible range, they have done that on another committee.
Depending on the review, you can decide to appoint the number and you can also state in the material that there is a preference for youth representatives to apply, and they can be as specific or general as they want about that. His only caution would be, if you specifically hold spots for youth, you are locked into that. He stated that it is good the broader they are in the recruitment; you can do work and encourage youth participation and they can figure out at this time, if they want to, a flexible term for youth representatives. Sometimes, the way that works is when you are representing specific stakeholder groups, it is not the person but the position representing that group, and whether it is the Youth Advisory Board or a student in the high school district, the person participating can be there for one academic year of nine months and another one comes in; thus, it is not the person but the high school district that has the position and appoints them. He stated that it is similar to the way councilmembers represent other bodies where it is a Council representative, not a particular councilmember.
City Attorney Kenyon clarified that, with that general direction, if that were the desire of Council, that could happen at this meeting and they would slightly have to revise the resolution and Exhibit A which is the duties of the committee and chair. That is very simple to do if they keep it in broad terms. She would not recommend that they deliberate and discuss what the terms should be at this time, as it should occur at the time they make the appointments. They could simply make a revision to the resolution that says the committee to a potentially 7- to-9-member body, and then in Exhibit A, they would just need to add youth to the membership, if they would like to consider that or not. She stated that those are the only changes she saw were needed if Council wanted to go in a more general direction of allowing staff to do some investigation but being able to move into youth involvement but able to move forward with beginning the recruitment and bringing back at another meeting the actual appointments and a more in-depth discussion on the terms. It would be dependent upon their potential appointments.
Councilmember Beckmeyer understood her saying they don’t want to get into a conversation of deliberating the terms, but would it need to be broad enough to let there be a one-year term.
City Attorney Kenyon didn’t see any mention of the exact specifics about terms in Exhibit A yet.
She thought the terms will be discussed at the time of the appointments.
Councilmember Beckmeyer stated, with that being the case, in terms of their process, when they make appointments, that is disclosed when it is advertised, and people know they are applying for two two-year seats and three four-year seats.
City Clerk Coffey stated that the proposal for the terms as discussed in the staff report is not included in the resolution or the Exhibit at this time but can easily be amended to include that.
City Clerk Coffey stated that the City Attorney stated that they revisit that when the appointments are made.
City Attorney Kenyon stated that the question is, when recruiting, how do the appointees know City Council Regular Meeting 22 June 26, 2023
what they are applying for - is it general or does she always recruit for specific terms.
City Clerk Coffey stated that, typically, for city committees and commissions, they do state a partial term to expire at month and year or a full four-year term. For the recruitments they have done for vacancies on the Library Advisory Committee, they were silent on the exact duration of the term because it was unspecified.
Mayor Bigstyck thought it sounds like they can develop those questions and terms in real time at the behest of Council if they keep it general at this time.
City Attorney Kenyon thought, even if Council keeps the term length out of this resolution and Exhibit A, the City Clerk can still recruit and advertise as generally terms are four years, although they could be shorter, so people will be aware.
Councilmember Beckmeyer concluded keep some parameters around it. She stated, when they talked about the cap, they recognize that they are going to have to stagger terms.
Councilmember Bier noted the packet referred to members being over 18 years old, and Mayor pro Tem Vaterlaus confirmed. Councilmember Bier wanted to make sure that they collect information from the Youth Advisory Board about terms, meeting times, and responsibilities.
Councilmember Boles was in agreement with what she is hearing. Her only concern is, if they are advertising for four years, that might put off some youth.
City Manager Woodhouse an idea occurred to him, i.e., Council could set forth the general terms of size, and he thought it would be good to establish in that general direction, but not put it in the resolution, the staggering of terms consistent with other commissions and committees.
This committee may not be in operation for that long as they don’t know the future of bond measure. He thought, when it comes to expressing a preference for youth participation, the way they could conduct the recruitment is to say, if you are youth applying to this committee, please tell us in your application what length of service you would be interested in providing. Then, Council during interviews and selection could take that into consideration and make the appointments accordingly with a shortened term for that position.
Mayor Bigstyck thought the way they recruit youth might be different than the way they recruit at-large, if they are recruiting specifically in the high school.
Mayor pro Tem Vaterlaus agreed. She thought one of the biggest problems she sees is quorum, and she could see it being an at-large group instead of specific people.
City Manager Woodhouse stated the recommendation is seven members at-large and the exhibit just lists that members will be selected to represent the following segments of the community and lists that some members may also be selected from other key stakeholder groups and lists, but it is not saying that they have to be. He stated that the old committee was a designated person from that stakeholder group.
Mayor pro Tem Vaterlaus understood that is what happened as she was a liaison also.
Mayor Bigstyck thought it might be an interesting exercise to hold ex-officio spots open for various stakeholder groups without necessitating they be present for a quorum.
City Council Regular Meeting 23 June 26, 2023
Councilmember Boles isn’t clear on how much room there is for discussing the design and so forth at this point. She was told the design is pretty much set and they have had all this community input. If they are bringing in the youth and want their voices, she wanted to make sure there was an opportunity that they can incorporate those things.
Councilmember Bier thought there might be a different conversation between design and services, and Councilmember Boles stated that they go together if they need certain spaces.
Councilmember Beckmeyer stated that her recollection of the layout as proposed is that there is a lot of flexibility. There are some bigger designated spaces and smaller designated spaces.
She thought one of the spaces was intended to be a flexible space and that would be the input on what to do with that space.
Councilmember Bier stated that the feedback they get from the Youth Advisory Board will tell them what they are interested in talking about.
Councilmember Boles stated that these are conceptual designs and the process is going to continue to flush out the library in detail after they know they have some money and the community support to build it.
Councilmember Boles referred to the point of the ex-officio members that were there before, stating that some of them are really important. For example, the Emergency Preparedness and Safety Commission has someone from Red Cross, and they are invited to all the meetings, sometimes they come and talk, they get all the minutes, and there is one person they can go to if they have questions on that committee and one person who is paying attention. She is looking at the Planning Commissioner and PB&R positions, and that seems like an ex-officio, so they aren’t voting and don’t need to be there for a quorum but that might be helpful. She didn’t know if this is in the plan, but part of the climate conference she attended was a great presentation by Bay Run who are doing pilot programs and looking at libraries as community resilience centers; it becomes a place in a disaster, in high heat, in smoke, because most of our homes aren’t equipped for these events, and a place that people can go where it’s warm, etc., and someone from the Emergency Preparedness and Safety Commission might be good as an ex-officio. She stated, on charging, they have that at the Community Center, but it would be wonderful to have something in Sharp Park so everyone has a place they can walk to.
Councilmember Beckmeyer stated those were designations made with some past disaster with the current libraries we have in addition to the Community Center, so that was absolutely thought in discussing the design.
Mayor Bigstyck asked if they wanted to make a motion.
Councilmember Beckmeyer asked that they talk about what they need to amend.
Councilmember Beckmeyer and City Attorney Kenyon discussed the membership of 7-8 individuals and adding youth to the segments of community.
Mayor Bigstyck stated where the packet says members may also be selected from the following key stakeholder groups, that they keep that, but for members not selected from these key stakeholder groups, there will be an open ex-officio assignment from them.
City Attorney Kenyon stated that would need to be in the resolution and they don’t need to change it today as they could make ex-officio members whomever they wanted, but they would City Council Regular Meeting 24 June 26, 2023
need to include that in the last whereas clause. City Attorney Kenyon asked if he wants to specify which groups now, or he can leave it general and say we shall have three ex-officio members or 3-5 ex-officio members, then you can decide at the appointment who the ex-officio members should be. Her recommendation, unless he wants to have that discussion now when they don’t have the potential appointees, is that you may be having this discussion again once you get the appointees.
Mayor Bigstyck likes general, and he would say a range of 5-7 might be appropriate. He stated he was taking a cue from the list of six stakeholder groups that those might be appropriate designations for ex-officio members but whether or not they get one from each he didn’t know, but they could say simply that they will allow space for up to 5-7 ex-officio members.
Councilmember Bier thought that was a lot.
Councilmember Beckmeyer agreed.
Councilmember Bier thought two would be enough.
Mayor Bigstyck agreed. He thought they should allow space if any of them at any given point want to show up, and they can be there to speak to their heart’s content and give feedback accordingly. He asked what number she thought was appropriate.
Councilmember Bier asked what Councilmember Beckmeyer thought.
Councilmember Beckmeyer stated she would keep it at 3-5, and Councilmember Bier agreed.
Councilmember Boles thought it depends on what representation, referencing Pacifica Library Foundation and Pacifica Friends of the Library.
Mayor Bigstyck stated that there might be several members who show up more regularly, but like the EPSC, they have the member from the Red Cross who sometimes shows up and sometimes does not, and from Jefferson School District, sometimes someone will show up and sometimes they won’t. He thought it was always good to have that spot open.
Councilmember Beckmeyer made a motion to move to disband the current Library Advisory Committee membership and adopt the attached resolution titled, “A Resolution of the City Council of the City of Pacifica Rescinding Resolution No. 02-2016 and Amending the Charter of the Library Advisory Committee” as amended, and direct City Clerk to begin recruitment process for the community at-large Library Advisory Committee members.
City Attorney Kenyon stated, for clarity, that amendment to the resolution and Exhibit A to the resolution is that the last whereas clause will include instead of 7 community members from 7-9 community members as well as 3-5 non-voting ex-officio members appointed by City Council and the same change will be made to the resolved clause with regard to Exhibit A, and the membership paragraph will be revised to say 7-9 at-large community members and 3-5 nonvoting ex-officio members as well as a new organization added to the portion representing the following segments of the community which will state youth.
Councilmember Beckmeyer stated that is her motion; seconded by Mayo pro Tem Vaterlaus.
City Council Regular Meeting 25 June 26, 2023
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
ADJOURN
Mayor Bigstyck adjourned the meeting at 11:06 p.m.
Transcribed by Barbara Medina, Public Meeting Stenographer.
Respectfully Submitted,
Sarah Coffey, City Clerk
APPROVED: 5 - 0; 7/10/2023
__________________________
Tygarjas Bigstyck, Mayor