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 October 23, 2023
SPECIAL AND REGULAR MEETING
October 23, 2023 (MONDAY)
www.cityofpacifica.org
Mayor Tygarjas Bigstyck called the meeting to order on October 23, 2023 at 5:03 PM 5:00 PM - CLOSED SESSION
Mayor Bigstyck called the meeting to order at 5:03 p.m., stating that all councilmembers were present and announced that the Council would meet in Closed Session. 00a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code section 54957.
Title: City Manager.
7:00 PM OPEN SESSION
Call to Order
Mayor Bigstyck reconvened the meeting at 7:08 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; Chris Clements, Police Captain; Roland Yip, PW Dep. Director (Field Services/Engineering); Bob Palacio, PB&R Director; Anthony Shriver, PB&R Rec. Supervisor; Lexi Macario, PB&R Rec.
Coordinator; Dan Rowe, IT Analyst; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.
City Council Regular Meeting 2 October 23, 2023
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 - Arbor Day
Mayor Bigstyck read a proclamation in honor of Arbor Day.
Gail Benton Shoemaker, representative of Tree City Pacifica, accepted and thanked Council for this proclamation, and Tree City Pacifica invited everyone to join them on Arbor Day and shared the details of the event.
Mayor pro Tem Vaterlaus stated she had signed up to plant a tree and has been at every Arbor Day. She appreciated the trees that are planted. She thanked them for controlling everything that happens with trees in Pacifica.
Councilmember Bier also thanked Tree City Pacifica for continuing to teach her about trees and importance of the canopy and working together.
Councilmember Boles thanked her and all Tree City Pacifica members. She was moved last year at Oceana High School with the students involved in learning about the benefits and seeing them grow and thrive in the neighborhood. She referred to Tree City Pacifica planting 30 trees every year over the past five years.
Ms. Shoemaker stated they have planted 20 trees in the community and 10 trees at the Pacifica School District schools. The ones at the schools are typically planted the Friday before Arbor Day but the teachers are making curriculum and some classes have planting, watering and mulching teams. It is great to have partnerships with the school district as well as the community.
Councilmember Boles understood the importance of teaching them to honor and care for the trees. She thought the 150 trees in their five years is amazing.
Councilmember Beckmeyer stated the students are excited to participate in the trees planted at her school.
Ms. Shoemaker stated they will be asking all the schools to take photos to include in the report that goes to the Arbor Day Foundation for the Tree City USA annual renewal.
Councilmember Beckmeyer asked if the school planting also includes Jefferson High School District (JUHSD).
Ms. Shoemaker stated it includes JUHSD in that Oceana is a partner. They have established a partnership with Oceana and they also welcome all the schools.
City Council Regular Meeting 3 October 23, 2023
Mayor Bigstyck was looking forward to Arbor Day as he has enjoyed being there and planting a tree the last two years and is grateful for the opportunity.
Ms. Shoemaker hopes he would read the proclamation at the Arbor Day celebration.
Mayor Bigstyck stated he would be delighted to and he then stated they would like to take a picture now.
B. City of Pacifica Youth Advisory Board (YAB) Presentation PB&R Director Palacio stated that he has the honor of bringing up the Youth Advisory Board members and would like to recognize Recreation Coordinator Lexi Macario and Recreation Supervisor Anthony Shriver who are the people who provide support for the Youth Advisory Board. They have 11 members on the Youth Advisory Board, and seven of them will give the presentation. He stated that the future of Pacifica is in really good hands as they are amazing young people. The city will be fortunate if they remain in Pacifica and became our future leaders.
YAB President Elin Eftekhari, Terra Nova HS sophomore Calvin Chan, YAB Secretary Jake Mendoza, YAB Historian Madeira Perramond, Capuchino HS junior Adriana Brignadello, Junipero Serra HS senior Tai Ryan, and Junipero Serra HS senior Alex Bray introduced themselves and gave the presentation.
Councilmember Bier feels that uplifting young voices is important and she looks forward to hearing what issues are important to them, how they think we can make changes to make life healthy and safe for all of them. She thanks them for all their work. She looks forward to supporting them in any way she can. She likes that there is a mix of schools.
Mayor pro Tem Vaterlaus told them they are doing a great job and thanked them for their help at the Rockaway Tree Lighting and for everything they do.
Councilmember Boles was delighted to have them there and see they are so engaged in our city to help make it better. She thought their work with seniors is great. She stated they want their voices heard as they are the city’s future.
Councilmember Beckmeyer stated she was impressed with their comment of promoting healthy, socially connected, inclusive communities and serve as a voice for the often disregarded youth input in city government. She will echo what councilmembers have already said that they want to hear their voices and need their help to figure out how to utilize their voices. She stated that, working at Cabrillo School, she loves the idea of the tutoring and has witnessed the discussion around the dance. She thanks them for their work, which will serve them well in their future to make them stronger leaders.
Mayor Bigstyck thanked them all for being here. They will be looking to them for creative suggestions and solutions for new recreational areas. He stated that they want to hear feedback from the Youth Advisory Board. He was excited that City Council participation is on their work plan and he is looking forward to seeing how that manifests. He stated that they invite them and their friends to show up as often as possible to tell Council exactly what they think as it will be well-received and they will listen. He then asked to take a photo.
City Council Regular Meeting 4 October 23, 2023
CONSENT CALENDAR
Mayor Bigstyck asked if any councilmembers wished to pull an item from consent, and seeing none, he opened public comments.
Marj Davis, Pacifica, referred to Consent #6, and was not objecting to approve it, but she asked that they consider hiring or contracting a full or part time city arborist, mentioning her thoughts on the options.
Mayor Bigstyck closed public comments. He then referred to the speaker’s suggestion and asked for any thoughts on that.
City Manager Woodhouse stated that Item #6 was to amend the contract with NCE for our current arborist services but they had gone through a thorough RFP process to seek proposals from consulting arborist firms for continuing this work and a recommended contract will be coming back to Council on November 13.
CONSENT CALENDAR (ITEMS #1 – 7)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Mary Bier, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
1. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the following: (1) September 25, 2023 for the Special and Regular Meeting of the City Council and (2) September 25, 2023 for the Joint Study Session of the City Council and Planning Commission.
2. Approve an additional Recreation Coordinator Position in Aquatics Program and amend the FY 2023-24 Budget and Position Control to include this change PROPOSED ACTION: Adopt a Resolution to approve the addition of a Recreation Coordinator Position in Aquatics Program and make necessary amendments to the FY 2023-24 Adopted Budget and Position Control to include this position.
3. Resolution Approving a Consultant Services Agreement with Sloan Sakai Yeung & Wong, LLP., for Comprehensive Classification Study
PROPOSED ACTION: Approve a resolution authorizing the City Manager to execute a consultant services agreement between the City of Pacifica and Sloan Sakai Yeung & Wong, LLP in the amount of $92,000.00 and all necessary documents related to this project.
4. Resolution Approving Additional Budget Authority of up to $20,000 to Continue Grant Writing Services on a Month-to-Month Basis with California Consulting, Inc.
PROPOSED ACTION: Move to adopt a resolution authorizing the City Manager to continue grant writing services with California Consulting, Inc. on a month-to-month basis for an additional purchasing authority of up to $20,000 to for completion of the RFP process for these services.
City Council Regular Meeting 5 October 23, 2023
5. Amended Purchase Agreement between the City of Pacifica and Vac-Con, Inc. increasing the contract amount by $42,538.48 for the Purchase of a Vac-Con G2 VT310LHAE/1300 truck for the Wastewater Division
PROPOSED ACTION: Adopt the Resolution for the following:
• Approving the Amended Purchase Agreement between the City of Pacifica and VacCon, Inc. increasing the contract amount by $42,538.48 for the Purchase of a Vac-Con G2 VT310LHAE/1300 Truck for the Wastewater Division.
• Transfer $42,538.48 from Wastewater Fund 18 to the Vehicle Replacement Fund 72. • Authorize the City Manager to execute all documents related to the purchase.
6. On-Call Certified Arborist Services - Amendment 1 to Task Order 2 between City of Pacifica and NCE
PROPOSED ACTION: Adopt a Resolution approving Amendment 1 to Task Order 2 between the City of Pacifica and NCE for On-Call Certified Arborist Services in the amount of $50,000 bringing the total Task Order to $95,000; and authorize the City Manager to execute all documents related to the On-Call Certified Arborist Services.
7. A Resolution Supporting the Manor Drive Overcrossing Improvement Project and Authorizing Submittal of an Application for State Transportation Improvement Program Funding
PROPOSED ACTION: Adopt a resolution Authorizing the filing of an application for funding assigned to MTC and committing any necessary matching funds and stating assurance to complete the project, and authorize the City Manager to execute any document/s required for the grant application.
PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Ted Bisson, Pacifica, referred to a conflict of interest during the recent removal of a large protected tree next to his home, and shared the information in the process and recommendations for future processes.
Chris Redfield, Pacifica, thanked the Planning Commission and Council on recent iterations on the submission of the Housing Element and shared his thoughts and concerns on the process.
Marj Davis, Pacifica, was speaking for Tree City Pacifica and shared a letter they sent on a concerning situation on removing trees and suggestions on future processes.
COUNCIL COMMUNICATIONS
Mayor Bigstyck stated that he would favor an update on the Skyview Tree Service from staff at the appropriate time.
Councilmember Bier attended the Economic Development Committee, and they had a presentation from Pacifica Local Signs about Fog Fest and Cindy Abbott was there to talk about the age-friendly business project. She attended a meeting about Pacifica Pride and then attended the committee and commission interviews over Zoom as well as the study session.
Mayor pro Tem Vaterlaus watched the study session. She attended the CCAG meeting by Zoom and they are putting forward $5 million towards our Manor Overcrossing Project. She attended a barbecue for local county and state staffers; it was nice to communicate with them, City Council Regular Meeting 6 October 23, 2023
some of whom they knew very well.
Councilmember Boles attended an Unhoused on the Coast meeting with PRC and they are looking for space for their food pantry, for refrigerators and food. She attended the Pacific Beach Coalition meeting. She attended a county Climate Summit for a day with some members on the Climate Action and Adaptation Plan Task Force. She referred to Gregg Castro from Association of Ramaytush Ohlone, who set a wonderful tone for the meeting and thinking about how we think about land and climate and the way Native American communities would always move. She thought it was an interesting thought process to think about how this land was settled before. She attended some good sessions on community-led planning and funding for climate resilience. She met with Roy Earnst who caught her up on our age-friendly community, and she added that there is an action plan that is required for steps to keep the designation; he will be working on that, hopefully with Council. She had three meetings with neighbors and businesses on Esplanade to try to understand some of the issues, i.e., trash, bypassing the Manor intersection, safety issues, unhoused issues, etc. and gathered information to see how to solve these issues as a community and partnership with city and county. She met with County Executive Mike Callagy and talked about unhoused, shelters, affordable housing, etc. and they will have a follow-up meeting this week with his housing staff. She attended committee interviews and held her electric home tours with 31 people. She stated that the Emergency Preparedness and Safety Commission met, and she was excited to hear CERT training is starting up again. She attended Housing Leadership Day to learn about things coming up on the ballot at the state and regional levels to raise funds and reduce the voting thresholds from 2/3 to 55% for bonds for affordable housing, libraries, and infrastructures. She stated it was hard to meet the 67% threshold and that would be a real help to a lot of cities that are trying to do some of this work. She heard that Rosanna Xia, author of California Against the Sea, was speaking at Stanford and she went to hear her speak, including a conversation with Charles Lester, one of the scientists for the Coastal Commission for a long time. She stated the book goes into different communities in the state to try and understand their issues and planning around sea level rise with a whole chapter on Pacifica. She was at the Pacifica Dems meeting with Planning Director Murdock presenting with a representative from HCD and fellow councilmembers. She thought it was good to hear about the mandates and how some of the numbers got passed down. She thanked former Councilmember Mike O’Neill to host the barbecue that Mayor pro Tem Vaterlaus mentioned.
Councilmember Beckmeyer acknowledged that this is their third meeting in a row because of the special study sessions with the Planning Commission. She made it to the Pacificans Care fundraiser at the fire house. She had an opportunity to attend the ground breaking at the Sheila Water Tank. She has been watching the development and it was exciting with North Coast County Water District. They had a joint study session with the Planning Commission to wrap up review of the Housing Element and she thought they were making good progress. She attended the Resource Management Climate Protection meeting. At that meeting, she heard from Tom Francis from BAWSCA with an update on the reservoirs, state of water, etc. She mentioned that we had a successful water year in 2023 with the reservoirs nearly full. She added that they have to make sure the reservoirs create flooding and that we should still use water wisely. They talked about water collection in foggy areas, and Councilmember Boles mentioned she is working on a project around that, as well as North Coast County Water District being engaged in that for the past year. There was a lot of talk, i.e., BAWSCA and BACWA workshop on advancing water reuse, such as potable water coming from wastewater treatment systems and using it for watering planters and courses. She listens for information about grant programs when this subject comes up, and she feels we can use more for the expense involving the pipes, mentioning other agencies using the recycled water for innovative ideas. She City Council Regular Meeting 7 October 23, 2023
referred to a housing measure coming in 2024 and a transportation bond coming in 2026. She attended a Coastal Cities Group meeting and they reviewed legislation that was just signed into law, focusing on Senate Bill 272 regarding Local Coastal Plans as part of the local coastal program update process. She stated that there is a streamlined land use approval process, Senate Bill 423, approved and signed into law by the governor, which is for building housing in the coastal zone and how it will be articulated with the Coastal Commission. She enjoyed the barbecue with former Councilmember O’Neill.
Mayor Bigstyck attended the Fire House No. 72 open house. That day, he invited Mayor Adam Rak of San Carlos to come and teach him about bird watching in San Pedro Valley Park. He attended the ground breaking of the Sheila Tank with NCCWD and Councilmember Beckmeyer.
He then went to the Council meeting. He then went to Monterey CALAFCO conference. He then met Councilmember Lisa Gauthier who gave him a brief tour of East Palo Alto’s EPACENTER. He then went to the Pacifica Democrats Club, where Jose Ayala, representative from the California Department of Housing and Community Development, spoke, along with Planning Director Murdock. He thought it was helpful to understand that, at a higher level than ABAG, the state is not looking at the feasibility of building housing at any particular level or area.
He will be having a conversation with Marc Berman for The Mayor’s Office, and he thinks he will have that conversation with him offline along with Josh Becker. He thought feasibility might be a missing component to a statewide process as many of us want to do a better job in figuring out how to house everyone. He enjoyed a tour of the old wastewater treatment plant. He ended by saying that they will be adjourning the meeting in honor of Hal Ash, owner of the Vallemar Station who passed away recently. He will give Councilmembers the opportunity before adjournment to speak on any recollections.
STAFF COMMUNICATIONS
City Manager Woodhouse stated that, regarding the Skyview Tree Service, he thanked Tree City Pacifica and others for notifying the city; upon learning about the illegal tree activities, the city moved to enforcement mode with the code enforcement and the police department and continuing that effort. They completed a tree informational brochure about the city’s Tree Preservation Ordinance and are spreading that widely. Tree City Pacifica will also help them in the distribution of that, and they are sending it with a letter to all the tree service companies with business licenses in Pacifica. He held up a sample of the "Pacifica Stands United in Love" companion poster to the "Pacifica Stands United Against Hate" poster, and they are now available at City Hall for anyone in the community who wants to distribute or display at their home or business. He wanted to announce that, at the next Council meeting on November 13, there will be a Special Study Session about the Local Coastal Land Use Plan, including information about the Coastal Commission staff’s 125 comments provided on the city’s plan.
PUBLIC HEARINGS - NONE.
CONSIDERATION
8. Introduction of an Ordinance Amending Section 4-16.03(c)(1)(ii) (Windows and window coverings) of Chapter 16 of Title 4 (Cannabis Public Safety Licenses) of the Pacifica Municipal Code relating to storefront window size requirements for cannabis operations.
Recommended California Environmental Quality Act (CEQA) status: Exempt pursuant to CEQA Guidelines Section 15061(b)(3).
PROPOSED ACTION: Introduce by title only and waive further reading of an Ordinance entitled “An Ordinance of the City Council of the City of Pacifica Amending Section 4- City Council Regular Meeting 8 October 23, 2023
16.03(c)(1)(ii) (Windows and window coverings) of Chapter 16 of Title 4 (Cannabis Public Safety Licenses) of the Pacifica Municipal Code and Finding Adoption of the Ordinance Exempt from the California Environmental Quality Act (CEQA).” Planning Director Murdock presented the staff report. He was joined by Police Captain Clements.
Councilmember Boles asked Captain Clements if he can tell them about safety calls or crime at dispensaries, specifically in Pacifica.
Police Captain Clements stated, without going into ongoing investigations, they have had burglaries at some of their cannabis businesses. He stated that the ability for officers to safely respond to these locations which have been targeted by criminals throughout the Bay Area and state is critical and important for the safety of the community and to officers who are responding.
Councilmember Boles asked if there has been anything specific at Seaweed Holistic’s site.
Police Captain Clements stated not anything recently.
Councilmember Boles understood this was a six-month exception, mostly for this particular operation. Assuming they allow it and it is permitted, she asked if it was permanent.
Planning Director Murdock stated that, in trying to strike the right balance between the ordinance and not specifically Seaweed Holistic and its permit, because this hearing was not noticed for that purpose, he stated that it is one of two essential parts related to the revocation proceeding: the first is Council to determine whether this ordinance can be amended, and if amended, the second is for Planning Commission to amend the cannabis activity permit to find it in compliance with the modified storefront regulation. He stated that, currently, there is a condition of approval that requires modifications to the store front to increase the area of the windows; Seaweed has not complied with that requirement which was one of the points in which they were found to be out of compliance to the revocation. He stated that, as it is a two-step process, once the Planning Commission action to amend the permit is finalized, they will be in compliance and not out of compliance, even upon the reversion of the standard.
Councilmember Boles had a concern about the dimensions of the window. If they are approving the ordinance for their spot, but it is divided up into five windows, each less than two feet, she asked how that works with a minimum two-feet dimension.
Planning Director Murdock stated that he would not interpret it against this, as it is a continuous area of glass with other minor window elements. He would not consider those to be separate windows, but they can think of some clarification if that would help, such as a minimum or maximum separation requirement.
Councilmember Boles agreed with the maximum suggestion. She asked whose job was it enforce it to make sure the glass stays clear of signs, flyers, etc.
Planning Director Murdock stated that there are multiple ways. Staff can observe it and take action proactively. He stated that, for many cannabis operations, there is an annual review requirement ongoing and that would be an opportunity for staff to evaluate this. He stated any member of the public can make a complaint, which they would investigate, and the police department periodically, in management of the cannabis program, conducts compliance City Council Regular Meeting 9 October 23, 2023
operations, make observations, and request follow up. He stated that there are multiple avenues and this is one they have not specifically followed up on recently in terms of investigation or compliance confirmation, but there would be another opportunity after this meeting to investigate that if needed.
Mayor Bigstyck concluded that there have been six permits issued at this time.
Planning Director Murdock agreed, stating six cannabis retail operations permits. They allow two other types (testing operations and manufacturing operations) in Pacifica and have not issued any permits for those.
Mayor Bigstyck assumed one is Seaweed Holistics and he asked if the other five retail operations are up and running.
Planning Director Murdock stated that one of them is not, thus five operating retail operations inclusive of Seaweed Holistics.
Mayor Bigstyck asked why that one is not up and running.
Planning Director Murdock stated that they have encountered a number of difficulties in their building permit process in terms of ownership challenges, etc.
Mayor Bigstyck asked, inclusive of the one having challenges, if any of the other five have had difficulty with the 60/45 covering.
Planning Director Murdock stated all of them were reviewed and met or exceeded the store front window requirements during the review process. There is one business in particular that has shared with him that they had to spend significant sums of money to achieve compliance but they did. Other operations may have had to undertake modifications as well.
Mayor Bigstyck stated, including the one retail operation that is not up and running yet, that has met the 60/45 standard.
Planning Director Murdock agreed.
Councilmember Beckmeyer asked if the glass frontage of the business includes the door.
Planning Director Murdock answered affirmatively.
Mayor Bigstyck asked Captain Clements how comfortable the department feels with the temporary updated standards and how comfortable from a safety point of view are they with changing to the 50/35 coverage.
Captain Clements stated that, in general, more is better when it comes to their ability to look inside the businesses and responding to calls for service, whether an alarm or crime in progress. In this case, it is a temporary adjustment to the requirements, but they prefer more.
Mayor Bigstyck stated more is better in relation to the one business that will apparently be affected by this. He asked how they would rate safety concerns in this case.
Captain Clements would prefer to see the standard consistent across all businesses, and they City Council Regular Meeting 10 October 23, 2023
would be comfortable with the fact that this is a temporary remedy to give them time to comply.
Mayor Bigstyck understood what will happen is that they sign off on Seaweed Holistics having that coverage of 50% horizontal, 35% overall, and they will be allowed that coverage in perpetuity as a result of allowing this permit.
Planning Director Murdock stated that, in responding to the question in a different way, this is a balancing factor for Council. City staff put forth the recommendation that city staff thought was in the best public safety interest of the community. This is because of Council’s desire to revisit the ordinance that this is being considered, not at staff’s request or recommendation. He stated that it is in relation to the revocation process that has led to this item being considered at this meeting. They put forth this option to resolve the question that Council raised about revisiting the ordinance.
Mayor Bigstyck understood. He wanted to be clear what they are doing at this meeting as well as the district’s recommendation or feeling on what they are doing in terms of public safety.
Captain Clements stated, in this instance, they will be fine.
Mayor pro Tem Vaterlaus asked if they can see in that window. In the day, she thought they clearly cannot see in that window regardless, and she asked if they have done engineering reports to show that they cannot enlarge that window.
Planning Director Murdock stated, regarding the second part of her question, he recalls that the information submitted was not that it would be technically infeasible to comply with the requirement but would be expensive and exceed the means or amount of money that the operator would be willing to spend to achieve compliance. He stated that these types of modifications are almost never infeasible but can cost significant sums of money.
Councilmember Bier stated that they are changing the ordinance for six months, and she asked if that means any new businesses will have to comply.
Planning Director Murdock stated this ordinance would take effect for a six-month period, Seaweed Holistics, any other currently permitted business, or any new cannabis business that could open could take advantage of it in that six-month period. After that, any new or amended permit would need to comply with the reverted standards requiring bigger windows.
Councilmember Bier understood.
City Attorney Kenyon added that she had a conversation with the Police Chief about this proposed amendment and, as Captain Clements said, they are fine with this proposal. Because of their initial concern with the public safety aspect, that is why her office and Planning staff worked together to try to limit the exposure. They were concerned, but they understand Council’s direction and they created this limitation to limit the application of this new provision in the future.
Mayor Bigstyck opened public comments.
Kim Finale, Pacifica, stated, on listening to their deliberations, one thing stood out that, if they didn’t approve the ordinance for the business in question, they would be losing out on the enormous amount of sales tax they provide the city, plus other medical aspects.
City Council Regular Meeting 11 October 23, 2023
Mayor Bigstyck closed public comments.
Councilmember Bier thanked staff for coming up with a solution.
Planning Director Murdock stated that there was a suggestion earlier about adding clarifying language about mullions to ensure that they are excluded from considering a window area separate. He can provide language for Council to consider.
Councilmember Beckmeyer concluded that he had modification language to add to the ordinance to clarify that point.
Planning Director Murdock answered affirmatively.
City Attorney Kenyon was concerned with adding amending language at the last minute as this is a very complex system. If a majority of Council want that language, she and the Planning Director can work on it, but she would need to review the language in order to be comfortable with it. She stated that it is a complex ordinance, and one revision could implicate other provisions that they are not considering. She stated that they can do that if a majority of Council prefers that.
Mayor pro Tem Vaterlaus asked if, without making any changes, it qualifies for the ordinance how it is written.
Planning Director Murdock would not interpret the window at Seaweed Holistics as excluded.
Councilmember Boles read the portion in the ordinance about the minimum two-feet dimension for windows.
Councilmember Beckmeyer heard Planning Director saying the mullions are de minimis. She thinks the question is whether they want to hear the language and, if the majority of Council wants the new language, they would take it away, discuss, amend, etc.
City Attorney Kenyon stated they could take a recess to work with the Planning Director.
Councilmember Boles and Mayor Bigstyck discussed possible suggested language.
City Attorney Kenyon noted that, if they are hearing from the Planning Director that it is de minimis, this interpretation is on the record. They can provide that clarification, but they have heard from the Planning Director, and she agrees with him, that the change is de minimis.
Councilmember Boles is okay with that.
Planning Director Murdock explained that the architectural feature is an integral part of the window unit and, to him, it is not a separate glass area for that purpose. The intent is to prevent sections of a wall or other non-window components from providing a barrier between the window barriers.
Mayor Bigstyck stated he has followed this since the first time they were brought before the Planning Commission, and there have been factors that have weighed heavily in his deliberative process. He feels strongly that what they are doing at this meeting is not good governance. In City Council Regular Meeting 12 October 23, 2023
general, he feels it isn’t good practice to spend years making standards for everyone and then change them to accommodate one business for whatever reason. He understood that many people over many years have poured out to tell him what an asset this particular business.
Through the best intentions of standards that would apply to all businesses involved, there are times when it does not cover everyone they hope it would. In this instance, they are making this accommodation for a particular business. He wanted to be on the record that he does not feel this is good governance practice.
Councilmember Bier moved to introduce by title only and waive further reading of an Ordinance entitled “An Ordinance of the City Council of the City of Pacifica Amending Section 4-
16.03(c)(1)(ii) (Windows and window coverings) of Chapter 16 of Title 4 (Cannabis Public Safety Licenses) of the Pacifica Municipal Code and Finding Adoption of the Ordinance Exempt from the California Environmental Quality Act (CEQA); seconded by Mayor pro Tem Vaterlaus.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bier, Councilmember
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Mayor Bigstyck called a recess and then reconvened the meeting.
9. Appointments to the Library Advisory Committee; Emergency Preparedness and Safety Commission; Open Space and Parkland Advisory Committee; and Economic Development Committee
PROPOSED ACTION:
1) Move to appoint two (2) applicants to at-large positions on the Library Advisory Committee, specifying the terms for each; and
2) Move to appoint applicants to the Emergency Preparedness and Safety Commission for two (2) full four-year terms to expire October 2027; and 3) Move to appoint an applicant to the Open Space and Parkland Advisory Committee for one (1) partial term to expire May 2027; and
4) Move to appoint applicants to the Economic Development Committee for two (2) full four-year terms to expire October 2027 and one (1) partial term to expire October 2024.
City Clerk Coffey presented the staff report.
There were no public comments.
Councilmember Beckmeyer moved to appoint Annabelle Phillips and Maya Sinapuelas for oneyear terms expiring in October 2024 on the Library Advisory Committee; seconded by Councilmember Boles.
City Council Regular Meeting 13 October 23, 2023
APPOINTMENTS TO THE LIBRARY ADVISORY COMMITTEE:
Annabelle Phillips and Maya Sinapuelas (one-year terms to expire October 2024) RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Christine Boles, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Mayor pro Tem Vaterlaus moved to re-appoint Pete Balestreri and Evelyn Taverna to full terms expiring October 2027 on the Emergency Preparedness and Safety Commission; seconded by Councilmember Boles.
APPOINTMENTS TO THE EMERGENCY PREPAREDNESS AND SAFETY COMMISSION:
Pete Balestreri and Evelyn Taverna (full terms to expire October 2027) RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Christine Boles, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Councilmember Boles moved to appoint Remi Tan to a partial term expiring May 2027 on the Open Space and Parkland Advisory Committee; seconded by Councilmember Bier.
APPOINTMENT TO THE OPEN SPACE AND PARKLAND ADVISORY COMMITTEE:
Remi Tan (partial term to expire May 2027)
RESULT: ADOPTED [3 TO 2]
MOVER: Christine Boles, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Vaterlaus, Bier, Boles
NOES: Bigstyck, Beckmeyer
Councilmember Bier moved to re-appoint L.J. Jones and Sean Thompson to full terms expiring October 2027 and Edward Ochi to a partial term expiring October 2024 on the Economic Development Committee; seconded by Mayor pro Tem Vaterlaus.
City Council Regular Meeting 14 October 23, 2023
APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMITTEE:
L.J. Jones (full term to expire October 2027), Sean Thompson (full term to expire October 2027), and Edward Ochi (partial term to expire October 2024) RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bier, Councilmember
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
ADJOURN
Mayor Bigstyck stated that he wanted to adjourn in honor of Hal Ash who has contributed substantially to our community over many decades. He asked if any councilmembers had anything to say before they adjourned.
Councilmember Beckmeyer shared her thoughts that Hal Ash was a vibrant part of this community. She loved him and his family and she was sad that he is gone. She wished support for his family, as did NCWWD, which his son served on.
Mayor Bigstyck echoed that he saw him for many years at Vallemar Station and it has been a hub of our community for a long time.
Mayor Bigstyck adjourned the meeting at 9:49 p.m. in honor of Hal Ash.
Transcribed by Barbara Medina, Public Meeting Stenographer.
Respectfully Submitted,
Sarah Coffey, City Clerk
APPROVED: 5 - 0; 11/13/2023
__________________________
Tygarjas Bigstyck, Mayor