CITY OF PACIFICA
CITY COUNCIL AGENDA
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Tygarjas Bigstyck
Mayor pro Tem Sue Vaterlaus
Councilmember Sue Beckmeyer
Councilmember Mary Bier
Councilmember Christine Boles
City Council Special Meeting 1 November 13, 2023
SPECIAL and REGULAR MEETING
November 13, 2023 (MONDAY) – 5:00 PM
www.cityofpacifica.org
NOTE: The Agendas for the November 13, 2023 City Council meeting will be published in two parts. This Agenda, published on November 8, is for the Special and Regular Meeting to begin at an earlier start time as indicated on the Agenda. A separate Agenda Packet for the Special Study Session to begin at 7:00PM was published on November 6.
Off-street parking is allowed by permit for attendance at official public meetings.
Vehicles parked without permits are subject to citation. You should obtain a permit from the rack in the lobby and place it on the dashboard of your vehicle in such a manner as is visible to law enforcement personnel.
PLEASE SILENCE CELL PHONES DURING MEETING
Alternative Ways to Observe and Participate in the Meeting:
The primary method for observing and participating in the meeting is in-person at the meeting location published in the meeting agenda. However, there are alternative ways to observe and participate:
• Join Zoom Webinar: https://pacifica-gov.zoom.us/j/81156158241 • Watch on TV on Comcast channel 26
• Watch a Live Stream of the meeting by following https://www.cityofpacifica.org/LiveStream or www.pacificcoast.tv
• Live Remote Public Comments (offered on a pilot basis):
• Join Zoom Webinar: https://pacifica-gov.zoom.us/j/81156158241 • OR Dial-in: 1-669-900-6833 | Webinar ID: 811 5615 8241 o Press * 9 to raise your hand to request to speak.
o Press * 6 to unmute when called upon to speak by the last 4-digits of your phone #. • When the Mayor announces the Agenda Item on which you would like to comment, raise your hand in Zoom. You will be called upon my screenname or last 4-digits of phone number if dialing in. Please mute any background sound and state your full name at the start of your comment.
Please note that Alternative platforms for participation are subject to underlying technology functionality and may be modified or interrupted at any time without notice. • Written Public Comments:
BEFORE THE MEETING: Written public comments may be submitted in advance by 12:00 p.m. on the meeting date by email to: [email protected]. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public Comment on Item Not on Agenda” in the Subject Line
• Include the submitter’s full name
Written public comments received by 12:00 p.m. on the meeting date will be provided in their entirety City Council Special Meeting 2 November 13, 2023
to the City Council and posted to the City’s website prior to the meeting but will not be read verbally at the meeting.
AT THE MEETING: Materials in writing provided at the meeting should provide seven (7) copies to provide for each Councilmember, City Clerk and City staff. 5:00 PM - CLOSED SESSION
00a. CONFERENCE WITH LABOR NEGOTIATORS. Government Code section 54957.6.
Agency designated representatives: Michelle Kenyon, City Attorney; and Unrepresented employee: Kevin Woodhouse, City Manager.
00b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code section 54957. Title: City Manager.
6:00 PM - OPEN SESSION
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.
Salute to the Flag led by Local Veterans from American Legion Post 238 / Veterans of Foreign Wars (VFW)
Closed Session Report
SPECIAL PRESENTATIONS
A. Proclamation - Maria Aguilar
B. Proclamation - Pacifica United Against Hate Week Nov. 12 - 18, 2023
CONSENT CALENDAR
Persons wishing to address the Council on any Consent Calendar item may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any item listed on the agenda should submit a speaker card to the City Clerk.
Public meetings are a limited public forum, meaning that there are rules for commenting at these meetings. Comments on consent agenda items must relate to that specific item.
City Council Special Meeting 3 November 13, 2023
If comments do not relate to a specific agenda item, then City will provide you with an initial warning to stay on topic. If the warning is not followed, the Mayor will direct the City Clerk to cut off the microphone.
Items on the consent calendar will be adopted by one motion unless a Councilmember requests, before the vote on the motion, to have an item discussed. Time limit on comments is three minutes or less.
1. Approval of Disbursements for 10/01/23 through 10/31/23.
PROPOSED ACTION: Receive and file the Monthly Check Register Report for the month of October 2023
2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the following: (1) October 9, 2023 for the Special and Regular Meeting of the City Council; (2) October 16, 2023 for the Joint Study Session of the City Council and Planning Commission; and (3) October 23, 2023 for the Special and Regular Meeting of the City Council.
3. Continuation of Proclamation of Local Emergency of the Pacifica Coastline from Westline Drive to the End of Beach Boulevard.
PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.
4. Continuation of Proclamation of Local Emergency at the Anza Pump Station.
PROPOSED ACTION: Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.
5. Cancellation of December 27, 2023 City Council Meeting PROPOSED ACTION: Move to approve cancellation of the December 27, 2023 regular City Council meeting.
6. Quarterly Financial Report for the Quarter ending September 30, 2023.
PROPOSED ACTION: Review and accept the Quarterly Financial Report for the Quarter ending September 30, 2023.
7. Quarterly Treasurer’s Reports for the quarter ending September 30, 2023.
PROPOSED ACTION: Review and accept the Quarterly Treasurer’s Reports for the quarter ending September 30, 2023.
8. Resolution to Approve New Principal Civil Engineer Job Classification and Salary Schedule
PROPOSED ACTION: Adopt a resolution approving a new Principal Civil Engineer Job Classification and Salary Schedule to allow for flexible recruitment within the Engineering series, and authorize the City Manager to execute a side letter for the new class to be recognized by Teamsters Management 350 Unit.
City Council Special Meeting 4 November 13, 2023
9. Notice of Completion of the FY 2022-23 Pavement Resurfacing Project PROPOSED ACTION: Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the FY 2022-23 Pavement Resurfacing Project; and authorize the City Manager to release the retention funds to the contractor.
10. Storm Drain Easement Deed between 943 and 951 Anza Drive.
PROPOSED ACTION: Adopt a Resolution Approving and Authorizing the City Manager to accept, on behalf of the City, the Storm Drain Easement Deed from the Tsan Living Trust & Hatch Living Trust and Kathleen Marie Curran and James McGarry for approximately 150 linear feet of public storm drain along the property line between 943 and 951 Anza Drive.
11. Resolution Authorizing Task Order No. 1 with Hazen and Sawyer, Inc. under the On-Call Electrical Engineering Services Master Consultant Agreement for Engineering Design Services for the Rockaway Pump Station Rehabilitation and Repair Project PROPOSED ACTION: Move to Approve a Resolution Authorizing Task Order No. 1 with Hazen and Sawyer, Inc. under the On-Call Electrical Engineering Services Master Consultant Agreement in the amount of $66,600 for the Rockaway Pump Station Rehabilitation and Repair Project; Approve budget authority in the amount of $9,990 which includes 15% contingency in the amount of $76,590; and Authorize the City Manager to execute all documents related to the project.
12. Adopt Resolution Authorizing Application and Administration of CalRecycle Grants PROPOSED ACTION: Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Authorizing Submittal of Individual Grant Applications for all CalRecycle Grants for which the City of Pacifica is Eligible.”
13. On-Call Certified Arborist Services
PROPOSED ACTION: Adopt a Resolution approving the Consultant Services Agreement between the City of Pacifica and Dudek for On-Call Certified Arborist Services in the amount of $300,000 for three-years and authorize the City Manager to execute all documents related to the On-Call Certified Arborist Services.
14. Resolution of the City Council of the City of Pacifica Requesting California State Highway Sign Changes by the California Department of Transportation (Caltrans) on Coast Highway 1 to Indicate Commercial Business Districts PROPOSED ACTION: Move to adopt a resolution requesting California State Highway sign changes by the California Department of Transportation (Caltrans) on Coast Highway 1 to indicate commercial business districts.
15. Resolution approving the professional services agreement between the City of Pacifica and the Lew Edwards Group for revenue measure analysis and strategy development.
PROPOSED ACTION: Approve a resolution authorizing the City Manager to enter into a consulting services agreement with the Lew Edwards Group for revenue measure analysis and strategy development at the not-to-exceed cost of $80,000.
City Council Special Meeting 5 November 13, 2023
16. Adoption 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: Move to waive the second reading and adopt by title only the 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).”
PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
This portion of the Agenda is available for the public to address the City Council on any issue that is not on the Agenda. Any person wishing to address the Council shall be recognized by the Mayor during this time, provided, however, that only items not on the Agenda for that meeting may be addressed. Comments on non-agendized items must address matters within the subject matter jurisdiction of the City. If comments do not address matters within the subject matter jurisdiction of the City, the City will provide you with an initial warning to stay within the subject matter jurisdiction of the City. If the warning is not followed, the Mayor will direct the City Clerk to cut off the microphone.
A maximum of three minutes will be allowed for any speaker.
COUNCIL COMMUNICATIONS
The purpose of Council Communications is for Councilmembers to inform each other of items of potential interest to other Councilmembers, such as interagency meetings.
STAFF COMMUNICATIONS
The purpose of Staff Communications is for the City Manager to offer announcements as appropriate.
PUBLIC HEARINGS - NONE.
CONSIDERATION - NONE. (SEE SEPARATE STUDY SESSION AGENDA)
ADJOURN
NOTICE: If you challenge a city's zoning, planning or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any city administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for litigation, in certain cases 30 days following the date of the final decision The City of Pacifica will provide assistance for disabled citizens upon at least 24 hours advance notice to the City Manager’s Office (650) 738-7301, or send request via email to:
[email protected] if you need sign language assistance or written material printed in a larger font or taped, advance notice is necessary. All meeting rooms are accessible to the disabled.
City Council Special Meeting 6 November 13, 2023
The Pacifica Municipal Code is available online at the City’s website (www.cityofpacifica.org/municode);
HOW TO OBTAIN CITY COUNCIL AGENDAS
Posted agendas:
Agendas are posted no later than Friday prior to the City Council meeting date, at the entrance to the City Hall location at the Pacifica Community Center, 540 Crespi Drive.
View on the Internet:
Follow the link to Council agenda, at www.cityofpacifica.org E-mail subscription:
Send a request to Sarah Coffey, at [email protected] City Clerk’s Office/City Manager’s Office
City Hall, 540 Crespi Drive
Council meetings:
Agendas are available at the City Council meeting
HOW TO REACH YOUR GOVERNMENT OFFICIALS
• Governor Gavin Newsom, State Capitol Building, Sacramento CA 95814 (916) 445-2841 • State Senator Josh Becker, 1528 So. El Camino Real, Suite 303, San Mateo CA 94402 (650) 212-3313 • Assembly Member Marc Berman, 721 Colorado Ave, Suite 101, Palo Alto CA 94303 (650) 324-0224 • Congresswoman Anna Eshoo, 698 Emerson Street, Palo Alto CA 94301 (650) 323-2984 • Senator Alex Padilla, B03 Russell Senate Office Building, Washington DC 20510 (202) 224-3553 • Senator Laphonza Butler, SD-G10 Dirksen Senate Office Building, Washington DC 20510 (202) 224-3841 • President Joseph R. Biden, 1600 Pennsylvania Ave. NW, Washington DC 20500
CITY COUNCIL
• Mayor Tygarjas Bigstyck, tbigstyck@ pacifica.gov
• Mayor pro Tem Sue Vaterlaus, [email protected]
• Councilmember Sue Beckmeyer, [email protected]
• Councilmember Mary Bier, [email protected]
• Councilmember Christine Boles, [email protected]
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Approval of Disbursements for 10/01/23 through 10/31/23.
RECOMMENDED ACTION:
Receive and file the Monthly Check Register Report for the month of October 2023 STAFF CONTACT:
Lucy Xie, Deputy Finance Director
(650) 738-7395
[email protected]
BACKGROUND/DISCUSSION:
Staff has submitted the following Monthly Check Register Report per California Government Code, Title 4, Division 3, Part 3, Chapter 3, Section 41004:
• Disbursements dated 10/01/23 through 10/31/23 are in the amount of $ 4,090,013.20 (Attachment 1).
FISCAL IMPACT:
There is no fiscal impact associated with acceptance of the Monthly Check Register Report.
ORIGINATED BY:
Finance Department
ATTACHMENT LIST:
Disbursements -FY 23-24 - 10-1 to 10-31-23 (PDF)
1 Packet Pg. 7
Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 1
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 66786 34352.89 10/03/23 OUTSTANDING SYSTEM 01240 PACIFIC GAS & ELECTRIC CO. 1 66797 1610.00 10/06/23 OUTSTANDING SYSTEM 00060 A & D AUTOMATIC GATE AND ACCESS 1 66798 62.47 10/06/23 OUTSTANDING SYSTEM 00136 ALHAMBRA 1 66799 610.75 10/06/23 OUTSTANDING SYSTEM 04365 ALTEC INC. 1 66800 2385.46 10/06/23 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 66801 210.39 10/06/23 OUTSTANDING SYSTEM 01890 ARROWHEAD SCIENTIFIC, INC. 1 66802 31434.57 10/06/23 OUTSTANDING SYSTEM 01579 AXON ENTERPRISE INC. 1 66803 5980.00 10/06/23 OUTSTANDING SYSTEM 05414 BEECHER ENGINEERING, INC. 1 66804 665.17 10/06/23 OUTSTANDING SYSTEM 00335 BLUE RIBBON SUPPLY COMPANY 1 66805 852.63 10/06/23 OUTSTANDING SYSTEM 00365 BROADMOOR LANDSCAPE SUPPLY 1 66806 483.00 10/06/23 OUTSTANDING SYSTEM 01690 CALTEST ANALYTICAL LAB 1 66807 129.43 10/06/23 OUTSTANDING SYSTEM 00001 CARDENAS, CARLOS 1 66808 7139.79 10/06/23 OUTSTANDING SYSTEM 05942 CAROL LEE PAN 1 66809 118.00 10/06/23 OUTSTANDING SYSTEM 00001 CERVANTES, ESTEFANIA 1 66810 861.75 10/06/23 OUTSTANDING SYSTEM 00001 CHAN, JACKSON 1 66811 6152.24 10/06/23 OUTSTANDING SYSTEM 00507 CHILDCARE CAREERS 1 66812 179.25 10/06/23 OUTSTANDING SYSTEM 05944 CINNAMON SOLAR TECH 1 66813 416.91 10/06/23 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 66814 173.49 10/06/23 OUTSTANDING SYSTEM 02822 CITY AUTO SUPPLY 1 66815 195.00 10/06/23 OUTSTANDING SYSTEM 00900 CITY OF HALF MOON BAY 1 66816 198.00 10/06/23 OUTSTANDING SYSTEM 05082 COLUMN, PBC 1 66817 27.34 10/06/23 OUTSTANDING SYSTEM 02168 COMCAST 1 66818 555.00 10/06/23 OUTSTANDING SYSTEM 00023 CPRS
1 66819 35552.50 10/06/23 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC. 1 66820 6110.60 10/06/23 OUTSTANDING SYSTEM 05941 CURTIS LUM 1 66821 5675.44 10/06/23 OUTSTANDING SYSTEM 05943 DANIELLE NICOLE DEVINE Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 2
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 66822 3095.44 10/06/23 OUTSTANDING SYSTEM 00676 DISCOUNT SCHOOL SUPPLY 1 66823 50.98 10/06/23 OUTSTANDING SYSTEM 02614 DISH
1 66824 50.00 10/06/23 OUTSTANDING SYSTEM 05940 DONALD HUNT 1 66825 289.58 10/06/23 OUTSTANDING SYSTEM 02793 EAST PENN MANUFACTURING CO., INC 1 66826 426.00 10/06/23 OUTSTANDING SYSTEM 05945 EDDIE WALDRUP 1 66827 48172.46 10/06/23 OUTSTANDING SYSTEM 04377 ELK GROVE AUTO GROUP 1 66828 1161.40 10/06/23 OUTSTANDING SYSTEM 03458 EOA INC 1 66829 7.00 10/06/23 OUTSTANDING SYSTEM 03047 FASTRAK INVOICE PROCESSING DEPT 1 66830 46.72 10/06/23 OUTSTANDING SYSTEM 00773 FEDEX
1 66831 657.00 10/06/23 OUTSTANDING SYSTEM 00848 GFS CHEMICALS, INC. 1 66832 64756.25 10/06/23 OUTSTANDING SYSTEM 05269 GOOD CITY COMPANY 1 66833 1560.00 10/06/23 OUTSTANDING SYSTEM 03947 GRANICUS, INC. 1 66834 4000.87 10/06/23 OUTSTANDING SYSTEM 00927 HDL COREN & CONE
http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsE... 11/2/2023
1.a
Packet Pg. 8
Attachment: Disbursements -FY 23-24 - 10-1 to 10-31-23 (5511 : Disbursements - Dated 10/01/23 through 10/31/23) 1 66835 533.63 10/06/23 OUTSTANDING SYSTEM 04842 HEMRAJ SINGH 1 66836 402.92 10/06/23 OUTSTANDING SYSTEM 00919 HERC RENTALS INC. 1 66837 308.99 10/06/23 OUTSTANDING SYSTEM 00929 HI-TECH EMERGENCY VEHICLE INC. 1 66838 329.62 10/06/23 OUTSTANDING SYSTEM 01014 JOHN THE SIGN GUY LLC 1 66839 10850.00 10/06/23 OUTSTANDING SYSTEM 05079 KAREN THOMSEN 1 66840 87.86 10/06/23 OUTSTANDING SYSTEM 01812 KBA DOCUSYS 1 66841 84.02 10/06/23 OUTSTANDING SYSTEM 01041 KELLY-MOORE PAINT CO.,INC. 1 66842 902.34 10/06/23 OUTSTANDING SYSTEM 01070 LAURETTA PRINTING COMPANY 1 66843 117.61 10/06/23 OUTSTANDING SYSTEM 01078 LEHR AUTO ELECTRIC, INC. 1 66844 25.00 10/06/23 OUTSTANDING SYSTEM 00001 MAR, STEPHANIE 1 66845 1500.00 10/06/23 OUTSTANDING SYSTEM 02474 MC ADAMS DREW 1 66846 354.63 10/06/23 OUTSTANDING SYSTEM 01154 METRO MOBILE COMMUNICATIONS 1 66847 23767.00 10/06/23 OUTSTANDING SYSTEM 02534 MILLARD TONG Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 3
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 66848 1945.62 10/06/23 OUTSTANDING SYSTEM 01378 MUSCIO ELECTRIC 1 66849 1598.02 10/06/23 OUTSTANDING SYSTEM 04549 NAF SERVICES, INC. 1 66850 46977.75 10/06/23 OUTSTANDING SYSTEM 04632 NICHOLS CONSULTING ENGINEERS, CHTD 1 66851 136.99 10/06/23 OUTSTANDING SYSTEM 01217 OFFICE DEPOT 1 66852 3668.98 10/06/23 OUTSTANDING SYSTEM 00054 PAPE MACHINERY 1 66853 686301.93 10/06/23 OUTSTANDING SYSTEM 05118 PAVEMENT COATINGS CO. 1 66854 2834.38 10/06/23 OUTSTANDING SYSTEM 01289 PENINSULA UNIFORMS & EQUIPMENT, INC 1 66855 45.00 10/06/23 OUTSTANDING SYSTEM 00001 PHILLIPS, ROSEANNA 1 66856 2950.00 10/06/23 OUTSTANDING SYSTEM 04651 PLAZO CONSTRUCTION 1 66857 746.55 10/06/23 OUTSTANDING SYSTEM 05931 PRINT COPY XPRESS 1 66858 1391.94 10/06/23 OUTSTANDING SYSTEM 01336 QUILL CORPORATION 1 66859 50.33 10/06/23 OUTSTANDING SYSTEM 01337 R & H WHOLESALE SUPPLY, INC. 1 66860 1964.48 10/06/23 OUTSTANDING SYSTEM 00042 R & S ERECTION NORTH PENINSULA INC. 1 66861 1000.00 10/06/23 OUTSTANDING SYSTEM 03115 RMI MECHANICAL CONTRACTOR, INC. 1 66862 100.87 10/06/23 OUTSTANDING SYSTEM 01795 ROSS, LAURIE 1 66863 87.00 10/06/23 OUTSTANDING SYSTEM 00022 SAN MATEO COUNTY EMERGENCY MEDICAL SERVI 1 66864 140.00 10/06/23 OUTSTANDING SYSTEM 02017 STATE LANDS COMMISSION 1 66865 508.27 10/06/23 OUTSTANDING SYSTEM 02642 T-MOBILE CORPORATION 1 66866 9463.99 10/06/23 OUTSTANDING SYSTEM 04670 U.S. TELEPACIFIC CORP. 1 66867 293.52 10/06/23 OUTSTANDING SYSTEM 01647 ULINE SHIPPING SUPPLY SPECIALISTS 1 66868 92.35 10/06/23 OUTSTANDING SYSTEM 02663 UNDERWOOD, EILEEN 1 66869 1378.39 10/06/23 OUTSTANDING SYSTEM 04576 UNIVAR SOLUTIONS USA INC 1 66870 798.35 10/06/23 OUTSTANDING SYSTEM 02527 UNIVERSAL BUILDING SERVICES 1 66871 1090.00 10/06/23 OUTSTANDING SYSTEM 02527 UNIVERSAL BUILDING SERVICES 1 66872 2879.88 10/06/23 OUTSTANDING SYSTEM 03835 US FOODS, INC 1 66873 3967.31 10/06/23 OUTSTANDING SYSTEM 01684 VERIZON WIRELESS Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 4
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME
http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsE... 11/2/2023
1.a
Packet Pg. 9
Attachment: Disbursements -FY 23-24 - 10-1 to 10-31-23 (5511 : Disbursements - Dated 10/01/23 through 10/31/23) 1 66874 1850.00 10/06/23 OUTSTANDING SYSTEM 00001 WACHTELBORN, DUANE 1 66875 959.52 10/06/23 OUTSTANDING SYSTEM 01707 WEST COAST CONTRACTORS SERVICES 1 66876 1250.28 10/06/23 OUTSTANDING SYSTEM 04832 WOODARD & CURRAN, INC. 1 66877 320.00 10/10/23 OUTSTANDING SYSTEM 00022 SAN MATEO COUNTY SHERIFF 1 66878 66.63 10/13/23 OUTSTANDING SYSTEM 00009 AT&T
1 66879 850.00 10/13/23 OUTSTANDING SYSTEM 01585 ACCUTITE 1 66880 530.55 10/13/23 OUTSTANDING SYSTEM 00138 ALL INDUSTRIAL ELECTRIC SUPPLY, INC. 1 66881 145.63 10/13/23 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 66882 1210.04 10/13/23 OUTSTANDING SYSTEM 01806 AP TECHNOLOGY LLC 1 66883 4330.00 10/13/23 OUTSTANDING SYSTEM 00217 ASSOCIATION OF BAY AREA GOVERNMENTS 1 66884 44.86 10/13/23 OUTSTANDING SYSTEM 00009 AT&T LONG DISTANCE 1 66885 174.75 10/13/23 OUTSTANDING SYSTEM 00001 BRAUN, LUCIE 1 66886 253.30 10/13/23 OUTSTANDING SYSTEM 00002 BRAUN, LUCIE (PETTY CASH) 1 66887 1096.11 10/13/23 OUTSTANDING SYSTEM 00365 BROADMOOR LANDSCAPE SUPPLY 1 66888 71191.52 10/13/23 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP 1 66889 3120.20 10/13/23 OUTSTANDING SYSTEM 00507 CHILDCARE CAREERS 1 66890 759.18 10/13/23 OUTSTANDING SYSTEM 00510 CINTAS 1 66891 2391.50 10/13/23 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 66892 1122.00 10/13/23 OUTSTANDING SYSTEM 05082 COLUMN, PBC 1 66893 189.35 10/13/23 OUTSTANDING SYSTEM 02168 COMCAST 1 66894 503.76 10/13/23 OUTSTANDING SYSTEM 04677 CORODATA RECORDS MANAGEMENT INC 1 66895 1568.22 10/13/23 OUTSTANDING SYSTEM 01204 CRESCO EQUIPMENT RENTALS 1 66896 98049.14 10/13/23 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC. 1 66897 82107.98 10/13/23 OUTSTANDING SYSTEM 03121 D.W. NICHOLSON CORPORTATION 1 66898 12307.11 10/13/23 OUTSTANDING SYSTEM 00025 DALY CITY/CITY OF 1 66899 35903.50 10/13/23 OUTSTANDING SYSTEM 01854 DYETT & BHATIA Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 5
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 66900 30.75 10/13/23 OUTSTANDING SYSTEM 03047 FASTRAK INVOICE PROCESSING DEPT 1 66901 7055.99 10/13/23 OUTSTANDING SYSTEM 02767 FLYERS ENERGY, LLC 1 66902 200.00 10/13/23 OUTSTANDING SYSTEM 05394 GAIL EDWARDS 1 66903 329.63 10/13/23 OUTSTANDING SYSTEM 02213 GARRATT CALLAHAN 1 66904 4899.75 10/13/23 OUTSTANDING SYSTEM 04294 GHG MEASUREMENTS JOHN MURPHY CONSULTING 1 66905 4872.85 10/13/23 OUTSTANDING SYSTEM 00856 GLOBALSTAR USA 1 66906 16482.50 10/13/23 OUTSTANDING SYSTEM 05269 GOOD CITY COMPANY 1 66907 1444.67 10/13/23 OUTSTANDING SYSTEM 00872 GRAINGER 1 66908 1039.51 10/13/23 OUTSTANDING SYSTEM 00906 HARRINGTON INDUSTRIAL PLASTICS 1 66909 5400.51 10/13/23 OUTSTANDING SYSTEM 04131 HDL SOFTWARE, LLC 1 66910 1561.42 10/13/23 OUTSTANDING SYSTEM 00929 HI-TECH EMERGENCY VEHICLE INC. 1 66911 432.08 10/13/23 OUTSTANDING SYSTEM 04850 HOME DEPOT USA, INC. 1 66912 353.94 10/13/23 OUTSTANDING SYSTEM 01027 K 119 OF CALIFORNIA 1 66913 95.00 10/13/23 OUTSTANDING SYSTEM 05333 KASEYA US LLC 1 66914 1423.07 10/13/23 OUTSTANDING SYSTEM 03700 KIMBALL MIDWEST 1 66915 658.93 10/13/23 OUTSTANDING SYSTEM 00001 KIZILTUG, HARUN 1 66916 2000.00 10/13/23 OUTSTANDING SYSTEM 05954 LARRY WARREN
http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsE... 11/2/2023
1.a
Packet Pg. 10
Attachment: Disbursements -FY 23-24 - 10-1 to 10-31-23 (5511 : Disbursements - Dated 10/01/23 through 10/31/23) 1 66917 2000.00 10/13/23 OUTSTANDING SYSTEM 05950 LILIANA PETERSEN 1 66918 522.47 10/13/23 OUTSTANDING SYSTEM 05947 MACH 1 MOTORSPORTS INC. 1 66919 5558.75 10/13/23 OUTSTANDING SYSTEM 04077 METROPOLITAN PLANNING GROUP 1 66920 2000.00 10/13/23 OUTSTANDING SYSTEM 05951 MICHELLE COLOMBANA 1 66921 725.00 10/13/23 OUTSTANDING SYSTEM 01165 MILLER & O'BRIEN 1 66922 2000.00 10/13/23 OUTSTANDING SYSTEM 03074 MINELLI, KIMBERLY 1 66923 2168.00 10/13/23 OUTSTANDING SYSTEM 03955 MOFFATT & NICHOL 1 66924 13425.28 10/13/23 OUTSTANDING SYSTEM 01184 MUNICIPAL POOLING AUTHORITY 1 66925 799.01 10/13/23 OUTSTANDING SYSTEM 04549 NAF SERVICES, INC.
Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 6
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 66926 465.47 10/13/23 OUTSTANDING SYSTEM 04207 NATIONWIDE 1 66927 25381.68 10/13/23 OUTSTANDING SYSTEM 01206 NORTH COAST COUNTY WATER DIST. 1 66928 571.39 10/13/23 OUTSTANDING SYSTEM 01217 OFFICE DEPOT 1 66929 565.25 10/13/23 OUTSTANDING SYSTEM 01239 PACIFIC FIRE SAFE 1 66930 1632.19 10/13/23 OUTSTANDING SYSTEM 01258 PACIFICA POLICE RESERVES 1 66931 41559.00 10/13/23 OUTSTANDING SYSTEM 01261 PACIFICA SCHOOL DISTRICT 1 66932 550.00 10/13/23 OUTSTANDING SYSTEM 03370 PEERY & ASSOCIATES INCORPORATED 1 66933 800.00 10/13/23 OUTSTANDING SYSTEM 03160 PUBLIC PARKING ASSOCIATES, INC. 1 66934 685.55 10/13/23 OUTSTANDING SYSTEM 01336 QUILL CORPORATION 1 66935 565.87 10/13/23 OUTSTANDING SYSTEM 04026 RANEY PLANNING AND MANAGEMENT, INC 1 66936 2342.97 10/13/23 OUTSTANDING SYSTEM 03306 ROBERT HALF MANAGEMENT RESOURCES 1 66937 1850.60 10/13/23 OUTSTANDING SYSTEM 00001 ROMERO, VICENTE 1 66938 39.30 10/13/23 OUTSTANDING SYSTEM 00001 SALACUP, MACAELA 1 66939 443.40 10/13/23 OUTSTANDING SYSTEM 00022 SAN MATEO COUNTY ENVIRONMENTAL HEALTH 1 66940 1274.80 10/13/23 OUTSTANDING SYSTEM 00055 SAN MATEO COUNTY FORENSIC LAB 1 66941 26994.86 10/13/23 OUTSTANDING SYSTEM 04211 SAN MATEO COUNTY RESOURCE CONSERVATION D 1 66942 655.50 10/13/23 OUTSTANDING SYSTEM 05949 SCOTT BUSCHMAN 1 66943 166.19 10/13/23 OUTSTANDING SYSTEM 01546 STERICYCLE 1 66944 17050.00 10/13/23 OUTSTANDING SYSTEM 02681 SUN RIDGE SYSTEMS, INC 1 66945 62.30 10/13/23 OUTSTANDING SYSTEM 02642 T-MOBILE CORPORATION 1 66946 25.00 10/13/23 OUTSTANDING SYSTEM 02642 T-MOBILE USA, INC. 1 66947 624.76 10/13/23 OUTSTANDING SYSTEM 04299 THE GOODYEAR TIRE & RUBBER COMPANY 1 66948 2000.00 10/13/23 OUTSTANDING SYSTEM 05952 THERESA MENJIVAR 1 66949 11.14 10/13/23 OUTSTANDING SYSTEM 00001 TRAYER, MICHELLE 1 66950 90188.00 10/13/23 OUTSTANDING SYSTEM 05946 TYLER TECHNOLOGIES 1 66951 336.58 10/13/23 OUTSTANDING SYSTEM 04418 U.S. BANK EQUIPMENT FINANCING, INC.
Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 7
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 66952 2392.37 10/13/23 OUTSTANDING SYSTEM 01648 UNDERGROUND SERVICE ALERT OF NORTHERN CA 1 66953 568.26 10/13/23 OUTSTANDING SYSTEM 01812 US BANK EQUIPMENT FINANCE 1 66954 3737.57 10/13/23 OUTSTANDING SYSTEM 01684 VERIZON WIRELESS
http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsE... 11/2/2023
1.a
Packet Pg. 11
Attachment: Disbursements -FY 23-24 - 10-1 to 10-31-23 (5511 : Disbursements - Dated 10/01/23 through 10/31/23) 1 66955 108.71 10/13/23 OUTSTANDING SYSTEM 00001 WACHTELBORN, DUANE 1 66956 120.00 10/13/23 OUTSTANDING SYSTEM 04824 YAKOV PUHACHEVSKY 1 66957 588741.47 10/18/23 OUTSTANDING SYSTEM 05495 W.E. LYONS CONSTRUCTION CO. 1 66958 7926.24 10/19/23 OUTSTANDING SYSTEM 00009 AT&T
1 66959 1600.00 10/19/23 OUTSTANDING SYSTEM 03817 AAA RESTAURANT FIRE CONTROL, INC. 1 66960 265.50 10/19/23 OUTSTANDING SYSTEM 04066 ALERT PEST CONTROL COMPANY INC 1 66961 23.75 10/19/23 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 66962 445.00 10/19/23 OUTSTANDING SYSTEM 05556 AMERICAN DEBRIS BOX SERVICE INC. 1 66963 408.29 10/19/23 OUTSTANDING SYSTEM 01890 ARROWHEAD SCIENTIFIC, INC. 1 66964 376.40 10/19/23 OUTSTANDING SYSTEM 00009 AT&T
1 66965 156.98 10/19/23 OUTSTANDING SYSTEM 00009 AT&T MOBILITY 1 66966 2614.20 10/19/23 OUTSTANDING SYSTEM 00335 BLUE RIBBON SUPPLY COMPANY 1 66967 140.55 10/19/23 OUTSTANDING SYSTEM 00001 BROOKS, ELIZABETH 1 66968 96.00 10/19/23 OUTSTANDING SYSTEM 00014 CALIFORNIA STATE OF 1 66969 43965.37 10/19/23 OUTSTANDING SYSTEM 02655 CAROLLO 1 66970 303.28 10/19/23 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 66971 9036.23 10/19/23 OUTSTANDING SYSTEM 00049 CITY OF SOUTH SAN FRANCISCO 1 66972 783.70 10/19/23 OUTSTANDING SYSTEM 02168 COMCAST 1 66973 19513.98 10/19/23 OUTSTANDING SYSTEM 00595 COTTON, SHIRES & ASSOCIATES, INC. 1 66974 414.00 10/19/23 OUTSTANDING SYSTEM 00587 CPS HR CONSULTING 1 66975 3100.00 10/19/23 OUTSTANDING SYSTEM 05341 CREATIVE DIGITAL AGENCY INC. 1 66976 2047.00 10/19/23 OUTSTANDING SYSTEM 05956 CRITTER CONTROL OPERATIONS 1 66977 41281.30 10/19/23 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC.
Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 8
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 66978 450.00 10/19/23 OUTSTANDING SYSTEM 00001 DA ROZA, JOHN PAUL 1 66979 8234.00 10/19/23 OUTSTANDING SYSTEM 00025 DALY CITY/CITY OF 1 66980 17145.00 10/19/23 OUTSTANDING SYSTEM 00645 DAVEY TREE EXPERT COMPANY 1 66981 2036.99 10/19/23 OUTSTANDING SYSTEM 04354 DOOLEY ENTERPRISES, INC. 1 66982 219.90 10/19/23 OUTSTANDING SYSTEM 00489 ENTERSECT 1 66983 77.24 10/19/23 OUTSTANDING SYSTEM 00758 EXPERIAN 1 66984 15.05 10/19/23 OUTSTANDING SYSTEM 00773 FEDEX
1 66985 4838.52 10/19/23 OUTSTANDING SYSTEM 02767 FLYERS ENERGY, LLC 1 66986 2377.50 10/19/23 OUTSTANDING SYSTEM 05429 FRANK VELLA 1 66987 1126.83 10/19/23 OUTSTANDING SYSTEM 04012 GOLDEN STATE LUMBER 1 66988 3236.65 10/19/23 OUTSTANDING SYSTEM 00872 GRAINGER 1 66989 2691.94 10/19/23 OUTSTANDING SYSTEM 04842 HEMRAJ SINGH 1 66990 110.00 10/19/23 OUTSTANDING SYSTEM 00924 HILL SCOTT 1 66991 1059.76 10/19/23 OUTSTANDING SYSTEM 04085 JAMES FORD, INC. 1 66992 395.00 10/19/23 OUTSTANDING SYSTEM 00001 JARQUIN, MARTIN 1 66993 9999.89 10/19/23 OUTSTANDING SYSTEM 05470 JMI SOURCING LLC 1 66994 440.61 10/19/23 OUTSTANDING SYSTEM 01014 JOHN THE SIGN GUY LLC 1 66995 582.92 10/19/23 OUTSTANDING SYSTEM 01055 KONE INC 1 66996 4982.62 10/19/23 OUTSTANDING SYSTEM 01067 LAKESHORE LEARNING MATERIALS 1 66997 20692.54 10/19/23 OUTSTANDING SYSTEM 05424 LIFFEY ELECTRIC, INC.
http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsE... 11/2/2023
1.a
Packet Pg. 12
Attachment: Disbursements -FY 23-24 - 10-1 to 10-31-23 (5511 : Disbursements - Dated 10/01/23 through 10/31/23) 1 66998 1938.00 10/19/23 OUTSTANDING SYSTEM 05582 LUHDORFF AND SCALMANINI CONSULTING ENGIN 1 66999 150.00 10/19/23 OUTSTANDING SYSTEM 01165 MILLER & O'BRIEN 1 67000 162.50 10/19/23 OUTSTANDING SYSTEM 04165 MOORE IACOFANO GOLTSMAN, INC. 1 67001 227.82 10/19/23 OUTSTANDING SYSTEM 01183 MUNICIPAL MAINTENANCE EQUIPMENT, INC. 1 67002 500.00 10/19/23 OUTSTANDING SYSTEM 04302 NORTH PENINSULA VET EMERGENCY CLINIC, IN 1 67003 99.93 10/19/23 OUTSTANDING SYSTEM 01258 PACIFICA POLICE RESERVES Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 9
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 67004 1049.29 10/19/23 OUTSTANDING SYSTEM 01289 PENINSULA UNIFORMS & EQUIPMENT, INC 1 67005 205.11 10/19/23 OUTSTANDING SYSTEM 04139 PET FOOD EXPRESS 1 67006 5302.00 10/19/23 OUTSTANDING SYSTEM 00320 PLAN JPA 1 67007 26534.81 10/19/23 OUTSTANDING SYSTEM 01309 POLYDYNE INC. 1 67008 1348.60 10/19/23 OUTSTANDING SYSTEM 00001 POWERS, MATTHEW 1 67009 395.30 10/19/23 OUTSTANDING SYSTEM 00042 R & S ERECTION NORTH PENINSULA INC. 1 67010 1125.00 10/19/23 OUTSTANDING SYSTEM 04026 RANEY PLANNING AND MANAGEMENT, INC 1 67011 1187.75 10/19/23 OUTSTANDING SYSTEM 05838 RECOLOGY ORGANICS 1 67012 261.30 10/19/23 OUTSTANDING SYSTEM 01372 RITE-WAY ELECTRIC 1 67013 6670.00 10/19/23 OUTSTANDING SYSTEM 00046 SAN BRUNO/CITY OF 1 67014 6419.10 10/19/23 OUTSTANDING SYSTEM 00022 SAN MATEO COUNTY CONTROLLER 1 67015 21185.09 10/19/23 OUTSTANDING SYSTEM 00055 SAN MATEO COUNTY FORENSIC LAB 1 67016 329.02 10/19/23 OUTSTANDING SYSTEM 00022 SAN MATEO COUNTY INFORMATION SERVICES 1 67017 11141.16 10/19/23 OUTSTANDING SYSTEM 04211 SAN MATEO COUNTY RESOURCE CONSERVATION D 1 67018 621.00 10/19/23 OUTSTANDING SYSTEM 03720 SAN MATEO DAILY JOURNAL 1 67019 16445.14 10/19/23 OUTSTANDING SYSTEM 05690 SCA OF CA, LLC 1 67020 150.24 10/19/23 OUTSTANDING SYSTEM 05955 SOO NAI CHIANG LLC 1 67021 3964.00 10/19/23 OUTSTANDING SYSTEM 01511 SOUTH BAY REGIONAL PUBLIC SAFETY 1 67022 691.00 10/19/23 OUTSTANDING SYSTEM 01531 ST. FRANCIS ELECTRIC, INC. 1 67023 19335.62 10/19/23 OUTSTANDING SYSTEM 03026 STARVISTA 1 67024 120.00 10/19/23 OUTSTANDING SYSTEM 05524 STEVEN MICHAEL EVANS JR 1 67025 1770.50 10/19/23 OUTSTANDING SYSTEM 01587 TELECOMMUNICATIONS ENGINEERING ASSOCIATE 1 67026 912.00 10/19/23 OUTSTANDING SYSTEM 01077 TREE MANAGEMENT EXPERTS 1 67027 77.72 10/19/23 OUTSTANDING SYSTEM 00001 TREVINO, GABRIEL 1 67028 1635.53 10/19/23 OUTSTANDING SYSTEM 01636 TURBO DATA SYSTEMS, INC. 1 67029 2664.00 10/19/23 OUTSTANDING SYSTEM 05946 TYLER TECHNOLOGIES Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 10
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 67030 1000.00 10/19/23 OUTSTANDING SYSTEM 01657 U.S. POSTAL SERVICE 1 67031 180.39 10/19/23 OUTSTANDING SYSTEM 01653 UNITED RENTALS (NORTH AMERICA) 1 67032 18020.00 10/19/23 OUTSTANDING SYSTEM 02527 UNIVERSAL BUILDING SERVICES 1 67033 364.35 10/13/23 OUTSTANDING SYSTEM 05469 BCC BENEFIT COORDINATORS CORPORATION 1 67034 9692.41 10/13/23 OUTSTANDING SYSTEM 05469 BCC BENEFIT COORDINATORS CORPORATION 1 67035 9999.86 10/13/23 OUTSTANDING SYSTEM 03741 BENEFIT COORDINATORS CORPORATION 1 67036 29.50 10/13/23 OUTSTANDING SYSTEM 01757 CALIFORNIA ASSN OF PROFESSIONAL FIREFIGH
http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsE... 11/2/2023
1.a
Packet Pg. 13
Attachment: Disbursements -FY 23-24 - 10-1 to 10-31-23 (5511 : Disbursements - Dated 10/01/23 through 10/31/23) 1 67037 242.76 10/13/23 OUTSTANDING SYSTEM 00814 CALIFORNIA STATE DISBURSEMENT UNIT 1 67038 783.00 10/13/23 OUTSTANDING SYSTEM 01757 CLEA
1 67039 100.00 10/13/23 OUTSTANDING SYSTEM 00814 FRANCHISE TAX BOARD 1 67040 200.00 10/13/23 OUTSTANDING SYSTEM 00814 FRANCHISE TAX BOARD 1 67041 100.00 10/13/23 OUTSTANDING SYSTEM 00814 FRANCHISE TAX BOARD 1 67042 248.75 10/13/23 OUTSTANDING SYSTEM 01758 PACIFICA FIREFIGHTERS UNION 1 67043 840.00 10/13/23 OUTSTANDING SYSTEM 01759 PACIFICA POLICE OFFICERS ASSOCIATION 1 67044 210.00 10/13/23 OUTSTANDING SYSTEM 01760 PACIFICA POLICE OFFICERS SAVINGS 1 67045 420.00 10/13/23 OUTSTANDING SYSTEM 01769 PACIFICA POLICE SUPERVISORS ASSOCIATION 1 67046 84.00 10/13/23 OUTSTANDING SYSTEM 01758 SMC FIREFIGHTERS IAFF L2400-PAC 1 67047 1337.49 10/13/23 OUTSTANDING SYSTEM 01758 SMC FIREFIGHTERS IAFF Local 2400 1 67048 897.00 10/13/23 OUTSTANDING SYSTEM 01768 TEAMSTERS LOCAL #350 1 67049 2744.00 10/13/23 OUTSTANDING SYSTEM 01764 TEAMSTERS LOCAL #856 1 67050 4030.47 10/13/23 OUTSTANDING SYSTEM 01766 VISION SERVICE PLAN-CA 1 67051 34.64 10/13/23 OUTSTANDING SYSTEM 01766 VISION SERVICE PLAN-CA 1 67052 168.03 10/27/23 OUTSTANDING SYSTEM 05446 A1 TRANSMISSION & MARINE INC. 1 67053 532.34 10/27/23 OUTSTANDING SYSTEM 00005 ACTIVE NETWORK LLC 1 67054 554.09 10/27/23 OUTSTANDING SYSTEM 00045 ALBERTSONS / SAFEWAY 1 67055 197.00 10/27/23 OUTSTANDING SYSTEM 04066 ALERT PEST CONTROL COMPANY INC Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 11
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 67056 6280.00 10/27/23 OUTSTANDING SYSTEM 05830 ALEXANDER WILLIAM GREENWOOD II 1 67057 1473.31 10/27/23 OUTSTANDING SYSTEM 00138 ALL INDUSTRIAL ELECTRIC SUPPLY, INC. 1 67058 2046.28 10/27/23 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 67059 268.60 10/27/23 OUTSTANDING SYSTEM 03895 AMERICAN FIDELITY ADMINISTRATIVE SERVICE 1 67060 7000.00 10/27/23 OUTSTANDING SYSTEM 05737 ANDREW FROST 1 67061 727.74 10/27/23 OUTSTANDING SYSTEM 05352 ANKAR CYCLES, INC. 1 67062 1506.36 10/27/23 OUTSTANDING SYSTEM 00056 ARAMARK 1 67063 550.00 10/27/23 OUTSTANDING SYSTEM 00009 AT&T OF CALIFORNIA 1 67064 37.00 10/27/23 OUTSTANDING SYSTEM 05862 BADGE FRAME, INC. 1 67065 600.00 10/27/23 OUTSTANDING SYSTEM 03634 BAY POWER LLC GENERATOR SYSTEM DESIGN AN 1 67066 634.49 10/27/23 OUTSTANDING SYSTEM 00001 BIANCULLI, RYAN 1 67067 161.35 10/27/23 OUTSTANDING SYSTEM 00335 BLUE RIBBON SUPPLY COMPANY 1 67068 1982.50 10/27/23 OUTSTANDING SYSTEM 05658 BSK ASSOCIATES 1 67069 41511.52 10/27/23 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP 1 67070 241.00 10/27/23 OUTSTANDING SYSTEM 00011 C.W.E.A. 1 67071 108.00 10/27/23 OUTSTANDING SYSTEM 00011 C.W.E.A. 1 67072 241.00 10/27/23 OUTSTANDING SYSTEM 00011 C.W.E.A. 1 67073 221.00 10/27/23 OUTSTANDING SYSTEM 00011 C.W.E.A. 1 67074 3660.48 10/27/23 OUTSTANDING SYSTEM 00421 CALIFORNIA DIESEL & POWER 1 67075 1376.00 10/27/23 OUTSTANDING SYSTEM 01690 CALTEST ANALYTICAL LAB 1 67076 2798.55 10/27/23 OUTSTANDING SYSTEM 00507 CHILDCARE CAREERS 1 67077 2291.90 10/27/23 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 67078 29450.00 10/27/23 OUTSTANDING SYSTEM 05957 CIVICWELL 1 67079 42022.00 10/27/23 OUTSTANDING SYSTEM 00022 COUNTY OF SAN MATEO
http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsE... 11/2/2023
1.a
Packet Pg. 14
Attachment: Disbursements -FY 23-24 - 10-1 to 10-31-23 (5511 : Disbursements - Dated 10/01/23 through 10/31/23) 1 67080 101474.95 10/27/23 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC. 1 67081 222.01 10/27/23 OUTSTANDING SYSTEM 00622 CURTIS & SONS, L.N.
Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 12
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 67082 981.77 10/27/23 OUTSTANDING SYSTEM 00025 DALY CITY/CITY OF 1 67083 11185.00 10/27/23 OUTSTANDING SYSTEM 00645 DAVEY TREE EXPERT COMPANY 1 67084 1088.00 10/27/23 OUTSTANDING SYSTEM 00672 DIAL GLASS AND WINDOW CO 1 67085 3140.00 10/27/23 OUTSTANDING SYSTEM 02201 DISCOUNT PLUMBING, INC. 1 67086 1400.00 10/27/23 OUTSTANDING SYSTEM 04321 DUBOCE JANITORIAL SERVICES 1 67087 1350.00 10/27/23 OUTSTANDING SYSTEM 04277 EASTMAN INVESTIGATIVE SERVICES 1 67088 2167.16 10/27/23 OUTSTANDING SYSTEM 04716 EMD MILLIPORE CORPORATION 1 67089 39.00 10/27/23 OUTSTANDING SYSTEM 03047 FASTRAK INVOICE PROCESSING DEPT 1 67090 11040.00 10/27/23 OUTSTANDING SYSTEM 03930 FREYER & LAURETA, INC. 1 67091 109580.89 10/27/23 OUTSTANDING SYSTEM 04369 GHD INC. 1 67092 1697.00 10/27/23 OUTSTANDING SYSTEM 04294 GHG MEASUREMENTS JOHN MURPHY CONSULTING 1 67093 1402.42 10/27/23 OUTSTANDING SYSTEM 00872 GRAINGER 1 67094 110445.00 10/27/23 OUTSTANDING SYSTEM 03616 GROUP 4 ARCHITECTURE RESEARCH PLANNING I 1 67095 3311.20 10/27/23 OUTSTANDING SYSTEM 04085 JAMES FORD, INC. 1 67096 24250.00 10/27/23 OUTSTANDING SYSTEM 05937 JMB CONSTRUCTION INC 1 67097 1137.71 10/27/23 OUTSTANDING SYSTEM 01124 MARATHON DISTRIBUTORS, INC. 1 67098 4500.00 10/27/23 OUTSTANDING SYSTEM 05776 MARK GRIFFIN, INC. 1 67099 26663.73 10/27/23 OUTSTANDING SYSTEM 03890 MICHAEL ROBERTS CONSTRUCTION, INC 1 67100 775.00 10/27/23 OUTSTANDING SYSTEM 01165 MILLER & O'BRIEN 1 67101 1598.03 10/27/23 OUTSTANDING SYSTEM 04549 NAF SERVICES, INC. 1 67102 1817.64 10/27/23 OUTSTANDING SYSTEM 01194 NATIONAL CONSTRUCTION RENTALS, INC 1 67103 198.00 10/27/23 OUTSTANDING SYSTEM 05575 NATIONAL TELEPHONE MESSAGE COPR 1 67104 4088.75 10/27/23 OUTSTANDING SYSTEM 04632 NICHOLS CONSULTING ENGINEERS, CHTD 1 67105 9466.48 10/27/23 OUTSTANDING SYSTEM 01206 NORTH COAST COUNTY WATER DIST. 1 67106 2470.67 10/27/23 OUTSTANDING SYSTEM 02486 O'REILLY AUTO PARTS 1 67107 139.95 10/27/23 OUTSTANDING SYSTEM 01217 OFFICE DEPOT Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 13
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 67108 2349.50 10/27/23 OUTSTANDING SYSTEM 02124 ORION SAFETY PRODUCTS 1 67109 252966.38 10/27/23 OUTSTANDING SYSTEM 01240 PACIFIC GAS & ELECTRIC CO. 1 67110 3000.00 10/27/23 OUTSTANDING SYSTEM 01240 PACIFIC GAS & ELECTRIC CO. 1 67111 400.00 10/27/23 OUTSTANDING SYSTEM 01297 PARS
1 67112 4908.75 10/27/23 OUTSTANDING SYSTEM 04651 PLAZO CONSTRUCTION 1 67113 13267.41 10/27/23 OUTSTANDING SYSTEM 01309 POLYDYNE INC. 1 67114 255.09 10/27/23 OUTSTANDING SYSTEM 01317 PREFERRED ALLIANCE, INC. 1 67115 3215.00 10/27/23 OUTSTANDING SYSTEM 00042 R & S ERECTION NORTH PENINSULA INC. 1 67116 19482.63 10/27/23 OUTSTANDING SYSTEM 03281 REGIONAL GOVERNMENT SERVICES 1 67117 4556.25 10/27/23 OUTSTANDING SYSTEM 04806 RICHARD SMITH
http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsE... 11/2/2023
1.a
Packet Pg. 15
Attachment: Disbursements -FY 23-24 - 10-1 to 10-31-23 (5511 : Disbursements - Dated 10/01/23 through 10/31/23) 1 67118 1638.57 10/27/23 OUTSTANDING SYSTEM 03306 ROBERT HALF MANAGEMENT RESOURCES 1 67119 3800.00 10/27/23 OUTSTANDING SYSTEM 02492 RONALD V CRUZ 1 67120 459.82 10/27/23 OUTSTANDING SYSTEM 00022 SAN MATEO COUNTY ENVIRONMENTAL HEALTH 1 67121 250.00 10/27/23 OUTSTANDING SYSTEM 00001 SARASUA, MARIA 1 67122 8113.23 10/27/23 OUTSTANDING SYSTEM 04646 SCHAAF & WHEELER 1 67123 206.78 10/27/23 OUTSTANDING SYSTEM 02182 SERVICE PRESS, INC. 1 67124 12.50 10/27/23 OUTSTANDING SYSTEM 00001 SMITH, BRANDON 1 67125 359584.00 10/27/23 OUTSTANDING SYSTEM 00049 SOUTH SAN FRANCISCO, CITY OF 1 67126 360.00 10/27/23 OUTSTANDING SYSTEM 00049 SOUTH SAN FRANCISCO, CITY OF 1 67127 11292.25 10/27/23 OUTSTANDING SYSTEM 01531 ST. FRANCIS ELECTRIC, INC. 1 67128 150.00 10/27/23 OUTSTANDING SYSTEM 01540 STATE CONTROLLER'S OFFICE 1 67129 52148.75 10/27/23 OUTSTANDING SYSTEM 02880 TOWNE FORD 1 67130 756.55 10/27/23 OUTSTANDING SYSTEM 04418 U.S. BANK EQUIPMENT FINANCING, INC. 1 67131 482.66 10/27/23 OUTSTANDING SYSTEM 01647 ULINE SHIPPING SUPPLY SPECIALISTS 1 67132 895.21 10/27/23 OUTSTANDING SYSTEM 02527 UNIVERSAL BUILDING SERVICES 1 67133 6569.63 10/27/23 OUTSTANDING SYSTEM 03835 US FOODS, INC Report: RECONCILE Generated: 12DEC22 14:37 Run: THURSDAY NOV0223 10:07 Page: 14
CITY OF PACIFICA
FOR: 10/01/23 - 10/31/23 CHECK RECONCILIATION BANK: ALL ALL
PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 67134 3561.00 10/27/23 OUTSTANDING SYSTEM 04832 WOODARD & CURRAN, INC. 1 67135 46631.47 10/30/23 OUTSTANDING SYSTEM 04608 TRI COUNTIES BANK 1 67136 242.76 10/27/23 OUTSTANDING SYSTEM 00814 CALIFORNIA STATE DISBURSEMENT UNIT 1 67137 100.00 10/27/23 OUTSTANDING SYSTEM 00814 FRANCHISE TAX BOARD 1 67138 200.00 10/27/23 OUTSTANDING SYSTEM 00814 FRANCHISE TAX BOARD 1 67139 100.00 10/27/23 OUTSTANDING SYSTEM 00814 FRANCHISE TAX BOARD 1 67140 43.00 10/27/23 OUTSTANDING SYSTEM 04961 GRETCHEN HAYES 1 67141 396.00 10/27/23 OUTSTANDING SYSTEM 01767 NPFBA
1 67142 707.53 10/27/23 OUTSTANDING SYSTEM 01758 PACIFICA FIREFIGHTERS UNION 1 67143 458.50 10/27/23 OUTSTANDING SYSTEM 01758 PACIFICA FIREFIGHTERS-LTD 1 67144 840.00 10/27/23 OUTSTANDING SYSTEM 01759 PACIFICA POLICE OFFICERS ASSOCIATION 1 67145 210.00 10/27/23 OUTSTANDING SYSTEM 01760 PACIFICA POLICE OFFICERS SAVINGS 1 67146 420.00 10/27/23 OUTSTANDING SYSTEM 01769 PACIFICA POLICE SUPERVISORS ASSOCIATION 1 67147 84.00 10/27/23 OUTSTANDING SYSTEM 01758 SMC FIREFIGHTERS IAFF L2400-PAC 1 67148 1337.49 10/27/23 OUTSTANDING SYSTEM 01758 SMC FIREFIGHTERS IAFF Local 2400 1 67149 5536.00 10/27/23 OUTSTANDING SYSTEM 01764 TEAMSTERS LOCAL #856 BANK: 1 TOTAL # OF CHECKS: 354 FOR A TOTAL AMOUNT OF: $4090013.20 TOTAL # OF REISSUED CHECKS: 0 FOR A TOTAL AMOUNT OF:
TOTAL # OF ACH CHECKS: 0 FOR A TOTAL AMOUNT OF:
http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=0&FileName=D:\GemsE... 11/2/2023
1.a
Packet Pg. 16
Attachment: Disbursements -FY 23-24 - 10-1 to 10-31-23 (5511 : Disbursements - Dated 10/01/23 through 10/31/23)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Approval of Minutes
RECOMMENDED ACTION:
Move to approve the minutes for the following: (1) October 9, 2023 for the Special and Regular Meeting of the City Council; (2) October 16, 2023 for the Joint Study Session of the City Council and Planning Commission; and (3) October 23, 2023 for the Special and Regular Meeting of the City Council.
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
Move to approve the minutes for the following: (1) October 9, 2023 for the Special and Regular Meeting of the City Council (Attachment A); (2) October 16, 2023 for the Joint Study Session of the City Council and Planning Commission (Attachment B); and (3) October 23, 2023 for the Special and Regular Meeting of the City Council (Attachment C).
FISCAL IMPACT:
Within budgeted operational expenses.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (PDF) Attachment B: Minutes of 10-16-2023 Joint Study Session (PDF) Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (PDF) 2 Packet Pg. 17
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 09, 2023
SPECIAL AND REGULAR MEETING
October 09, 2023 (MONDAY)
www.cityofpacifica.org
Mayor Tygarjas Bigstyck called the meeting to order on October 9, 2023 at 5:34 PM 5:00 PM - CLOSED SESSION
The closed session item was canceled.
00a. Conference with Legal Counsel – Anticipated Litigation. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: one potential case. 5:30 PM - OPEN STUDY SESSION
Mayor Bigstyck called the study session to order at 5:34 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 (via Zoom); Michelle Kenyon, City Attorney; Lisa Petersen, PW Director; Yulia Carter, Asst. City Manager; Christian Murdock, Planning Director; Maria Sarasua, Police Chief; Bob Palacio, PB&R Director; Stefanie Cervantes, Senior Planner; Sarah Coffey, City Clerk, Emily La, Dep. City Clerk.
Mayor Bigstyck explained the conditions for people to submit comments, explaining that all Councilmembers are present in the Council Chambers and none are participating pursuant to AB 2449. He stated that City staff, City consultants and guest presenters may be allowed to participate as panelists via Zoom. Mayor Bigstyck stated that verbal public comments for
2.a
Packet Pg. 18
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 2 October 09, 2023
tonight’s meeting may only be made in person at Council Chambers; remote public comments are not being allowed during this meeting. Written public comments may be submitted as described in the Agenda.
Mayor Bigstyck then read the Land Acknowledgment.
Hate Speech and Remote Public Comment during City Council and Planning Commission Meetings
PROPOSED ACTION: Discuss the recent occurrence of hate speech through remote public comment during the September 25, 2023, City Council meeting and provide direction to the City Manager regarding remote public comment procedure changes.
City Manager Woodhouse presented the study session report dealing with the hate comments at the previous Council meeting and Council’s decision on how they continue going forward regarding public comments via Zoom. He then said he was open for questions, as is the city attorney.
Mayor Bigstyck asked the effect on staff since the previous Council meeting.
City Manager Woodhouse would offer some thoughts and then City Clerk Coffey and PW Director Petersen can offer theirs. He stated that the Public Works employees didn’t feel they could stay for the presentation from Congresswoman Eshoo’s office. He thought it was hard to quantify what the impact of hate speech to any individual, and the solution is to try to prevent entirely or as much as possible. He then stated that PW Director Petersen and her staff were very upset through discussions the next day.
PW Director Petersen stated that Public Works was being honored by Congresswoman Anna Eshoo’s office at that meeting and there was a retirement in the city and six of the Public Works employees were staying to listen to the speech from Congresswoman Anna Eshoo’s office and receiving a proclamation. When the hate speech first started, she saw that her staff members were upset. When she talked to them, she acknowledged that they were uncomfortable and stated that they didn’t need to stay. They all opted to walk out. She stated that it was a big deal and important to them to get the award. They had a quarterly meeting after that. There are 60 people in their department, and everyone was upset that it had happened. They are a very diverse group in PW and they held up the United Against Hate poster in the staff picture and it was helpful, but they are still upset about it. She knows it will take time for them to get over that as it was very disturbing to hear that kind of speech and she thought it was very harmful to her employees. Several employees have asked her what the city will be doing about it. At their quarterly meeting, she informed them that they city manager would be coming out with a statement.
City Clerk Coffey stated she would add some comments from her perspective, as well as staff’s.
She felt it was very difficult to get through those comments even for a minute. Staff that heard about it and watched the recording of the meeting were also upset by it: She had a staff person who was involved in putting together the Pacifica United Against Hate collage and was prompted to look at the meeting to see why we were doing that all of a sudden, and came to her in tears after viewing the comments. They have staff involved in putting together the meeting minutes and, to protect the transcriptionist from having to listen to that portion of the meeting, she suggested putting time stamps for when that starts and ends; having to listen through the
2.a
Packet Pg. 19
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 3 October 09, 2023
recording and putting time stamps to protect another person was very difficult for staff. They will have to listen to the meeting recording in reviewing the draft minutes, and she wanted to protect staff as much as possible from having to listen to that again. She was very shaken and physically ill during that portion of the meeting, and she never wants to sit through that again.
She understands our legal obligations in First Amendment speech, but she never wants to sit through those words of hate again. She wants to do what she can to protect others from that.
Asst. City Manager Carter added that, unfortunately, the damage was done. We did our best to address it and bring it to our department employees and reiterate our values, but the damage was done and was hard on her as well. She stated that the collage speaks louder than the words. The important part is to highlight what values we have and what happened during those public comments goes against it.
City Clerk Coffey stated that the hate speech has been happening in other cities in the Bay Area and throughout California. She shared the negative experience at a recent incident from the City of San Mateo.
Mayor Bigstyck acknowledged the difficulties staff experienced following the previous meeting.
He stated, before opening public comment, he wanted to ask a question regarding legality after.
He referred to First Amendment rights. As he received inquiries from the public, he has been asked if there is a way they can cut them off quickly and continue on with the meeting. He has been asking similar questions of legal counsel and asked if counsel can help him understand better what his options are.
City Attorney Kenyon thanked him for this opportunity. She would be giving a long-winded response to incorporate a response to his first question. She stated that Pacifica is not alone, as other jurisdictions have faced this hate speech. She is finding similar stories they hear from every staff she deals with. The first response she understandably gets is asking her why can’t they stop this. She understands the frustration and anger. She and her colleagues from about every county in the Bay Area, and throughout Southern California, have been dealing with this issue as unitedly as they can to come up with a universal response. To see if there was a way for them to stop it before it could happen, they tried, with many conference calls with her colleagues from around the Bay and Southern California to talk about what they are all doing.
She stated, as hard as it is to believe, First Amendment law as we have seen it develop over the years has said that the public, no matter who you are or where you live, has the right to express your thoughts and we as a jurisdiction do not have the legal authority to prevent that speech prior to you speaking, i.e. prior restraint. Prior restraint says that cities cannot prohibit someone from saying things cities think they are going to say, based on their character, prior comments they made, where they live, who they are as people, and their background. She stated we are legally prohibited from doing that, and that is what the law says. She stated that the position it puts all Councils across the state in is trying to weigh the community interest in remote participation or participation in general, staff interests, as well as the legal risks associated with how far the jurisdictional body wants to go to eliminate this speech. She stated that what they presented in the staff report are procedural tools in the event the city does desire to hold remote participation as an option for their community. There are other communities that decided to eliminate it because, ultimately, there is nothing they can do short of eliminating remote participation that will eliminate remote hate speech entirely. Because of that concept of prior restraint, in the staff report she is suggesting the most effective procedural tool, not one that will eliminate it but will reduce the amount of time, which is the warning system. They have to hear that hate speech and then they will be able to cut it off. She stated that they don’t know how many speakers there are going to be. They cannot eliminate it for every speaker so they will
2.a
Packet Pg. 20
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 4 October 09, 2023
have to give every speaker who has the desire to use that hate speech at least a few seconds to say it. She cannot tell them what it means in terms of real time, but the only way to truly eliminate it is to eliminate remote participation; otherwise, they have developed the most effective warning system to reduce the amount of time they will have to listen to it. She understands this isn’t popular, but it is unfortunately the law.
Councilmember Boles wanted to clarify some of the potential strategies identified in the staff report and wanted to make sure it is communicated to others as well. Regarding the warning system, she understands it will probably be 8-10 seconds at a minimum before they could control it. While they can reduce is substantially, that doesn’t help people calling in, with some of the same people using different numbers; without some time restrictions, that could go on indefinitely. At the last meeting, the City Clerk decided there were four more people in line and they would stop taking new comments because it was becoming disruptive to the work on the agenda for the meeting. She asked if that was possible.
City Attorney Kenyon noted at the last meeting that there was a decision that the public comments became disruptive. She stated that, in order to disrupt the meeting, it does require more than simply words; if they want to go down just the disruption angle, it isn’t as easy as it sounds. It is disruptive to staff, but it wasn’t disruptive to the meeting. It becomes a disruption to the meeting when they physically disrupt the meeting, not simply by their words, but an action. It is difficult to see it in that respect. The warning system comes into play and sets forth the rules very clearly, that you will receive two warnings, one in the beginning of all public comments and then another warning immediately should you hear a hate speech, and if they continue after that warning for even a second, they will cut off their mic. She added that the problem is how you discern in those few seconds of hearing the speech that it is actually hate speech. Some of the speakers are becoming more creative: they will read our agendas try to tie their hate speech to one of our agenda topics and speak on topic. If they are veering off-topic, that is when they can give them a warning. She stated that the problem is when to determine that they are very off-topic, as a simple use of a slur or hate speech alone in a word or sentence riddled with on-topic comments is very difficult to discern. There is no guarantee that they are only going to listen to it for five seconds or ten seconds. She stated that, like a rubber band, it will change and stretch. We will have to be nimble. She will be listening very carefully throughout all public comments because her ears and the mayor’s ears are going to be very attuned for this. She will be focused on listening for that particular type of inappropriate speech.
They will try to do the best they can to cut it off as soon as possible, but there is no guarantee how long that will be.
Councilmember Boles stated that, because they have no technical way to know if a phone number is connected to a real person, they could go on indefinitely.
City Attorney Kenyon agreed, adding that another drawback under the law is that there is no vehicle or method for them to pre-screen. They can request, but if the caller chooses not to give them their name, it wouldn’t matter, as they would still have to call on whatever way they describe themselves, as they have a right to speak.
Councilmember Boles referred to the other three options identified, beginning with the first, temporarily moving non-agendized public comments to the end of the agenda, as our hope is that they might not want to pay attention when our meetings run late.
City Attorney Kenyon agreed, adding that there is no guarantee that it will work but they may not have a full room at that time who would be subject to listening.
2.a
Packet Pg. 21
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 5 October 09, 2023
Councilmember Boles stated that item 2 is limiting the entire time for oral communications to a set period of time. That may difficult based on the number of public comments in person and on Zoom. The third item was making a cut-off time to accept public comments remotely, and she asked if she can clarify what that means.
City Attorney Kenyon stated it was a procedural rule they can put in place, that no public comments, whether in person or remotely, would be accepted after the agenda item is called.
That would be a protocol change that would say, if you want to make a public comment on any item on the agenda, whether oral communications or a specific agenda topic, you must submit a card before the item is called or you must raise your hand as a remote speaker prior to the time this agenda item is called; at the time the agenda item is called, the mayor would ask if there were any other remote speakers who want to speak on this item and are there any other speakers in the audience who want to speak on this item; at that time, before the staff report is given, any other future speakers would be cut off. She stated that the practical difficulty with that is there are a lot of people watching remotely who decide to make a comment because of the comments they heard previously; that opportunity would no longer exist because they have to treat all public comment the same.
Councilmember Boles thought the benefits of that is someone would raise their hand and they wouldn’t be able to switch to a different number and call again.
City Attorney Kenyon added that one of the attributes of some of the hate commenters is that they have somehow an ability to change their phone number to be a different phone number automatically so it is the same person with multiple phone numbers saying the exact same hate speech but there is no way for staff to pre-screen for that. That is one problem the set time period to eliminate further public comments would address.
Councilmember Bier asked if it was possible to temporarily remove Zoom for a period of time.
City Attorney Kenyon agreed that they can, stating that there are a lot of communities doing that. To temporarily eliminate remote comment for a set period of time is an option, such as for a couple of months; Council can always change that at any time.
Councilmember Beckmeyer stated that she knows in some instances they have been instructed in the past to state a time certain by which some action will take place, and in other cases it is time to be determined. She asked if there is any legal opinion on how we would go about it if we were to consider a temporary stay on the ability to have a Zoom call-in.
City Attorney Kenyon stated they have that discretion as well.
Mayor Bigstyck stated that they will go to public comment. He referred to an interview with Rachel Carroll Rivas, a Southern Poverty Law Center member, who stated, “Their goals were to intimidate and harass communities and create such a spectacle that they don’t allow communities to continue to do their work.” He thought it was important that, as they figure out what they are going to do, their options seem to be that for some period of time they would suspend remote comment or put in their best guess of what would allow the least amount of hate speech to come through. They are deciding between suspending or allowing, and either way they go, there is some harm we will feel in our community. He stated their objective is to heal from this. They will attempt to make a decision that is the most healing for our community.
Whatever conclusion they come to will be a good faith effort to do what they think is in the best
2.a
Packet Pg. 22
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 6 October 09, 2023
interest of all parties involved. He then opened public comments.
Rabbi Moshe, Pacifica, stated he was the rabbi of the local Coastside Jewish Community for four years while that community has been here for 30 years, and shared his concerns on the hate issue as well as what is happening in Israel as well as his thoughts on working with the city and Jewish community.
Mark Hubbell, Pacifica, stated he stands against hate, and shared his concerns and thoughts about everyone’s freedom, especially granted by the First Amendment.
Dan Stegink, Pacifica, shared his concerns regarding the Mayor not shutting down those comments and added that Pacifica has a long history of racist comments and shared his concerns on the process for allowing comments.
Maxlin Merino, Pacifica, stated that she felt we need to stand up for each other no matter our race, and should treat each other as we wanted to be treated, and feels everyone should be protected.
Alice Lui, Pacifica, stated she has lived in Pacifica since 1983 and is proud of our city and is present to spread love and unity. She then sang “Star Spangled Banner” and “We are the World”.
Rosa Pumacajo, Pacifica, stated she is an immigrant from Peru, and shared her thoughts and concerns on racism and what our city was doing with their power for change, stating “together all things are possible”.
Gloria Stofan, Pacifica, stated that she was in the audience when the Council meeting was disrupted and shared her concerns on feeling they were attacked by white supremacists and shared her thoughts on the need for the Zoom process going forward.
Anthony Spaelti, Pacifica, stated he was talking about the City Manager’s second point on remote public comments, and hoped his suggestions are more solution-oriented.
Clif Lawrence, Pacifica, shared his thoughts on the hate speech creating wounds in the community for a week, and he shared his thoughts on the goals needed going forward to keep us in a higher plane and not let them win.
Suzanne Moore, Pacifica, stated that hate speech was not protected under the First Amendment, and expressed her concerns and requested we find a way to deal with this problem going forward and encouraged greater public participation.
Peter Loeb, Pacifica, hoped they keep Zoom access as he was able to participate in meetings when he could not physically and felt there are ways to deal with it. He then shared a personal story to point out that anti-semitism, racism or anti-LGBTQ speech is nothing new and can’t be avoided and shared his concerns as how we handle the problem then and going forward.
Cindy Abbott, Pacifica, stated that hate speech has been on the rise since 2014 and shared her thoughts on this problem and the need to address it properly to protect all rights.
JoAnne Arnos, Pacifica, stated it was hard to hear this problem happening in our community, but she was an advocate for inclusion, diversity and equity, and she shared her thoughts on the
2.a
Packet Pg. 23
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 7 October 09, 2023
difficulty of dealing with it going forward and she appreciated finding a remedy rather than exclude Zoom.
Kimberly Finale, Pacifica, shared her concerns on this problem, adding that she doesn’t have an answer to solve the problem, but she supports turning a negative into a positive with kindness and she believes Council’s decision will be in good faith and with good intentions.
Summer Lee, Pacifica, stated she agreed that accountability is the way to achieve inclusion and equity, and shared her thoughts on the problem, and suggestions on possible goals.
Delia McGrath, Pacifica, offered her deepest sorrow and sympathy to all residents who were disrespected by the hate speech at the Council meeting and is adding her voice to underscore her values and emphasize the necessity to continue welcoming public comments remotely in the future, by not allowing any hate speeches and set proper boundaries.
Mayor Bigstyck closed public comments.
Mayor pro Tem Vaterlaus heard that everyone in Pacifica was hurt. She stated that they want us to react, and she tried her best not to react to anything they said. She still feels it and never wants to hear anything like that ever again. She understands the First Amendment rights, but she feels this is difficult.
Councilmember Bier stated that she was in a state of shock and her statement to her community is the work that happened afterwards, as they are getting together as a community on projects that emanate love, kindness and compassion. She stated that diversity, equity and inclusion are the most important things we can be working on, and she thanked the Pacifica Peace People for their dialogue to speak about racism last week. She stated we are coming together as a community to address this issue and making things happen. She stands with every person of color in our community and fights against anti-semitism, adding she is the daughter of a Polish Jew who had to escape Nazi Germany. This affects us on all different levels. She asked that no one assume they know what we are supposed to do in that moment, as it is what we do now and how we come together.
Councilmember Boles thanked everyone who was present. She stated that the mayor kept a calm face, and talking to him afterwards, his response was stoicism, not wanting to show they were affecting him in any way. She saw all the citizens who left the room, and it was a painful moment. She stated she was born in Belgium and her grandparents fought in the war and her family experienced tremendous danger. She stated that hate has exacerbated since 2014. She knows our community is better than that and is also not perfect and without hate. She appreciated the event by the Peace People. She sat with some of her African-American neighbors and heard the racism and hatred towards them that comes from members in our community as well. She stated that is something people with white skin don’t see or think about when they are in public but people of color often face every day. It pains her as no one should have to live their lives that way. She thought it was important to talk about and deal with it as we need to stand strongly against it as a community. She believes in public engagement.
Since it happened, she has done everything she can to find other solutions to keep our Zoom and phone call-ins, as she knows it is important and how many are participating now that could not otherwise. She knows other cities, such as San Mateo, have experienced this at their meetings, and they decided, because of work on their General Plan, that it was more important to be able to have that community engagement at that time and somehow work through what they were experiencing in the meeting. She found it painful to hear of the pain to our staff.
2.a
Packet Pg. 24
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 8 October 09, 2023
Council has to hear it, and she personally was willing to take it if it means they can move forward and have as much public engagement as they can. She stated that they also have to think about staff, as they don’t have that choice. She would like to talk about what they can do, such as limits. She stated that City Attorney Kenyon shared with her that the City of Tiburon experienced hate speech and put in some other protocols and it hasn’t happened again. She wasn’t ready to give up without a try. She appreciated talking with Anthony from CivicBell about the idea of virtual speaker cards and the case that he mentioned in Santa Monica and Santa Barbara where they did allow some sign-ins. She stated that you can’t control who can be at the meeting, as it has to be open to everyone, but the laws are not very well-defined because the technology is pretty new about the ability to comment. She thinks, as they move forward, there may be some things they can pursue in that direction.
City Attorney Kenyon was not familiar with that case, but she will look into it, should Council decide to move on with remote participation and whatever procedural message to include.
Mayor Bigstyck stated that there were a handful of instances brought up by the public that he would like to follow up with. He referred to the notion of the system the state uses regarding registering in advance.
City Attorney Kenyon stated that they can always ask as there is nothing prohibiting them from asking, but what they choose to say in their registration is something they cannot mandate, a question of how can you enforce that requirement. If they choose not to give them real names or real identifying information, they cannot say that they cannot confirm their identity and therefore they don’t have the ability to speak.
Mayor Bigstyck stated a speaker said hate speech is not protected under the First Amendment.
City Attorney Kenyon stated that that is the case when the hate speech is off-topic or is creating an actual disruption. She stated in Norse v. City of Santa Cruz the commentor was making statements while making the Nazi salute and he was removed from the meeting for disruptive speech. That court held it was not a disruption that allowed a removal. The other case cited is Williamson v. City of National City, where the public commenter, along with others, laid prone on the floor, which was a physical action that was disrupting the meeting; they were removed from the chambers and that was allowed.
Mayor Bigstyck asked if there was some way PCT could leverage the delay in some way that is beneficial to those watching from home.
City Attorney Kenyon stated they could look into that option.
City Manager Woodhouse stated that there is not a delay via Zoom and they don’t have the statistics of how many people watch the meeting streamed via Zoom or the PCT stream.
Councilmember Beckmeyer thanked Councilmember Boles for her comment and she appreciated what she said. She is having a very hard time articulating this issue as it is upsetting. She thinks her values were compromised by hearing what she heard and her ability to set it aside and continue to do the business at hand was very challenged; having that happen in the future would make it equally hard if not harder. She appreciated the comments and she wanted to make it clear that she didn’t think the intent of the staff report or any comments made in that report were assuming that the Zoom opportunity is just a convenience that can be easily changed. She knows that the amount of public engagement in our process has been increased
2.a
Packet Pg. 25
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 9 October 09, 2023
because we have had Zoom and remote meetings and she didn’t want that to stop; thus, it makes it very challenging to think about suspending Zoom for any period of time. The notion of black and white, do the bad guys win if they close off the Zoom, doesn’t feel that simple. She appreciated everyone’s candor and respect, as well as the mayor’s opinion piece in the Pacifica Tribune this week. She thought staff had some kind of awareness that this might happen as it had occurred in some other cities in the county and informed them accordingly. She didn’t want to react, but it was still shocking. She tried to be stoic, but it didn’t work. She thanked everyone for their candor and understanding.
Councilmember Bier also thanked Councilmember Boles for her comments. She feels that, if there is a way to protect our staff and community from hearing this kind of rhetoric, it is so important. She asked if we have the resources to help our staff work through that and protect them from that, while allowing our public to participate. She is going back and forth. She wonders if they need some time to figure out the absolute best way to go about this, if it means suspending Zoom for a meeting so staff can come back and give suggestions regarding registrations. She asks if they need more time to figure out the best way to move forward to bring Zoom back and keep our community safe. She wants it all so our community never has to deal with that, our staff to be safe, our community to be able to participate. The hate commentors want us to shut down and we come together in Pacifica.
Mayor Bigstyck has pondered every way he can conceivably approach this and shared those approaches with various people and have been urged by some not to make it too personal, but he thought it was hard not to. He was blessed that many people over these past two weeks have come up to him and thank him for some measure of stoicism, although he understands that is not appreciated by all. He has been preparing for Nazis to come his entire life. He stated, when he hears someone trying in some way to get under his skin, that is the point in time when he be as unreactive and inert as soil, and he thanks every single speaker every single time. Before he got to the meeting, he was as adequately prepared as he could have fathomed for what transpired, and he got that five-minute warning from staff. What is best with the law is that he should thank everyone equally and that is what he is going to do. He believes the proper response each time to somebody who is trying to rile them up is to not give a response. After that, he has time to de-construct it. He suggests that they proceed as though they aren’t going to be reacting to whatever stimulus they give them as that is what they want.
He stated that his personal bias is that he agrees with the speakers who said this is what life looks like and the time and place we are in. He thought there may be a reason why we should all be exposed to it to remind us that it is very much alive and present, what we stand against.
He stated that it is hard for him to weigh that bias against what is responsible for a community who doesn’t necessarily need to hear it, and it is hard to turn to the staff we pay and say they get to hear this indefinitely. He thought the exercise is one in which we learn how to come together as a community, learn to love each other, learn to be kind to one another, and expose each other to it within the context of learning now not to react to it in the way that they want us to. He stated he will now defer to fellow councilmembers.
Councilmember Bier thought maybe they can hear from City staff.
City Manager Woodhouse stated that this is a very difficult topic. He referred to a commenter who said that the staff report presented a binary decision to Council, but that isn’t the case. He stated this is one of degrees, i.e., a decision about what degree of risk of this happening again would be allowed or not. He stated that the highest degree of not allowing this to happen is to temporarily not do Zoom public comment. He stated that they heard a lot of speakers and a lot of comments that it may not be acceptable as some amount of the harm done by hate speech is
2.a
Packet Pg. 26
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 10 October 09, 2023
acceptable to allow; that is the degree or spectrum Council has to deliberate. He wanted to focus on the immediate decision about what they are going to do beginning with Monday’s joint Council/Planning Commission discussion about the Housing Element and what they will do about remote Zoom public comment. They also have a process that would need to unfold if Council is interested in continuing to allow Zoom but putting into place some of the other procedures. None of them will prevent hate speech from happening in the future, and whenever it happens, the First Amendment has protections to allow that. He stated that they will need to research more if they go with any of the types of strategies mentioned in the staff report or other evolving technologies and analyze those against what the First Amendment and the Brown Act allow or don’t allow and put those procedures in place. He stated that it will take time to figure out what the procedures should be to reduce the risk as much as possible and he is seeking Council’s direction about any of those strategies mentioned or about whether Zoom public comment should continue or be suspended for the near future and specific direction about what they are going to do for the joint Council/Planning Commission meeting.
Mayor Bigstyck wanted to thank Councilmember Boles for the opportunity to work through this issue with her and he was grateful for the work she has done.
Councilmember Boles thanked him in return. She stated the joint study session is an important conversation for the community, and she was hoping they can find some other way to make the meeting better. She added that, when this happened two weeks ago, they also had a joint study session with the Planning Commission and were running late because of these comments. The Planning Chair was emotionally affected and she has told her that, as painful as it was, she doesn’t want to stop commenters either. She didn’t know how the rest of the Planning Commission feels and she hoped they can get their opinions. She would like to try some of new strategies next week, such as the warning system, limiting a certain amount of time for oral communications, and not allowing people to raise their hand after the first minute or so to avoid repeat comments. She is not comfortable moving all comments on non-agenda items to the end of the meeting, as they will be missing community members being able to give input. She thought they could take a certain amount of time and say any others after that time could go to the end of the meeting. She would want to explore all the other options and be able to verify who is talking and that they are a real person and be able to have more control.
City Attorney Kenyon thanked her for those comments. She noted the joint study session is a special meeting because it is a joint Council special meeting, not a regular Planning Commission meeting, and that means they can put in protocols for special meetings, and only apply to the special meeting. They have protocols that address how they have to procedurally handle regular meetings, and they would need to go through a process to amend those if they are going to put in more protocols. For the regular meeting, the only system that they can put in immediately is the warning system; that doesn’t require any amendment to the protocols.
With regard to regular meetings, she would have to look at them more closely as the City Manager referred to. Once they know what procedures Council wants to implement immediately with regard to the regular meetings, that will require some time; if they are talking about implementing procedures other than the warning system for the regular meeting, that may take longer than two weeks. She stated that they can implement additional procedures for the special meeting, but apart from that, they will have to change protocol.
City Manager Woodhouse stated there won’t be public comment on non-agendized items because it is a special meeting just about the Housing Element. As they saw previously, that doesn’t mean that there won’t be potential off-topic commenters that start as if they are commenting about the Housing Element and then veer into the hate speech that they want to
2.a
Packet Pg. 27
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 11 October 09, 2023
accomplish. They would have to implement a warning system in that case and endure the harm they achieved until the warning is provided.
Mayor Bigstyck concluded that the warning system is probably the most likely approach recommended by staff.
City Attorney Kenyon agreed that the warning system is a system that will be the most immediate so, if Council does not want to eliminate remote participation, that would be a recommendation that they can implement the next special and regular meetings without any change to our protocols. She stated, if Council is moving toward continuing remote participation, her strong recommendation would be to implement that warning system. They can give staff that direction at this meeting, and they will implement that for the next meeting.
Mayor Bigstyck stated he wanted to restate that, if they were to engage in that possibility of the hate speech creeping through, it is with an understanding that they are doing it with the intention of strengthening our resolve as a community to teach ourselves peace.
Councilmember Bier asked if they would have to change the protocol for virtual speaker cards.
City Attorney Kenyon stated that virtual speaker cards or Zoom registration would have no enforcement mechanism.
Councilmember Bier would appreciate it if they can do that.
City Clerk Coffey stated that they would need to have some time to figure out how to implement that. Even with the virtual speaker cards, the city attorney stated that it isn’t a mechanism to confirm the real identity of a person.
City Manager Woodhouse stated that their process currently is that anyone with a Zoom link can participate and raise their hand as there is no current virtual registration. As mentioned by City Clerk, that would be a technological tool that they would need to research and explore more regarding the restrictions or legalities.
Mayor Bigstyck noted the names on Zoom are derogatory in and of themselves.
City Clerk Coffey stated that, regarding information from other cities, some individuals have used names that are familiar to the community but are not the commenter’s real name.
City Attorney Kenyon agreed, as she has a lot of examples of creative ways that she doesn’t want to publicize. She stated that it goes to her overall point that, at the end of the day, the best tool that she has found along with other colleagues of hers throughout the state is the warning system. That has become the most effective tool we have now and it will reduce the time, but it is the only mechanism that will be able to make discernable impact on the length of time that they will have to hear that hate speech. There are some communities that have decided that living with this warning system is the best system procedurally if they are going to allow remote participation. She stated that they can research all the other virtual technologies that may exist and determine what she knows from other communities. At the end of the day, even with all those existing tools, the best tool to date has still been the warning system. They are going to look for more tools. She thinks, if they implement it as designed, it can be effective. She stated they aren’t going to stop hearing hate speech, whether on the internet or from members of our community, so it is a difficult decision.
2.a
Packet Pg. 28
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 12 October 09, 2023
Councilmember Beckmeyer heard that there is an interest in implementing the warning system, as well as an interest in investigating virtual speaker cards and implementing that as soon as possible. She heard there was no interest in moving public comments for items not on the agenda to the end of the meeting, and she agreed with that point of view. She stated that the safety they can create for themselves comes from having strong, unwavering reaction to this kind of hate speech. She referred to other protocols, such as our Land Acknowledgment, and would like part of the process to include a statement from Council about a position on hate speech in the beginning of the meeting.
Councilmember Bier suggested a Statement of Solidarity.
Councilmember Beckmeyer agreed.
Councilmember Boles added that Planning Chair Hauser did prepare such a statement at the last Planning Commission meeting.
Mayor pro Tem Vaterlaus came to this meeting thinking that she wanted to not have public comment because of what happened, but she has changed and understands the importance of people not being able to be present. She thinks the registration in advance will help a little bit as it may deter a few people. She agreed with the other items brought up by Council.
Mayor Bigstyck concluded they have consensus and asked staff if they have direction.
City Manager Woodhouse summarized that Council wants to continue Zoom public comment, including at the upcoming special meeting and thereafter presently; they will immediately employ the warning system to the best of their ability and look into developing the Solidarity Statement; they will research various technology tools, such as virtual registration cards and how that might work, and that would require potentially bringing an item back to Council depending on the cost of the technologies.
Councilmember Bier thought that, at Goal Setting, they can have some time to bring someone in to facilitate and help them learn new ways to respond.
City Manager Woodhouse imagines, given the recent rise on this issue, CalCities will probably continue to have even more trainings about that in the future as a resource.
Councilmember Boles added that, if they are getting repeat callers, she was happy looking at the option of a cutoff time for people raising their hand.
Mayor Bigstyck thought they start with the direction the City Manager already has and if they should continue to have these experiences they will probably have to reevaluate as they go along. He asked if the City Manager has what he needs.
City Manager Woodhouse responded affirmatively.
Mayor Bigstyck stated what they have directed is a warriors’ practice in alignment with cultivating peace in our chambers and amongst our community. He spoke against the hate speech that took place. One of the commentors mentioned Pacifica stands for compassion, as well as against hate and in favor of love. He thought it was important to take this as an opportunity to know the best possible approach to these people is one of the deepest form of
2.a
Packet Pg. 29
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 13 October 09, 2023
compassion because of how broken these individuals are. He adjourned the study session.
RESULT: NO VOTE REQUIRED
2.a
Packet Pg. 30
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 14 October 09, 2023
7:00 PM - OPEN REGULAR MEETING
Call to Order
Mayor Bigstyck reconvened the regular meeting at 8:18 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 (via Zoom); Michelle Kenyon, City Attorney; Lisa Petersen, PW Director; Yulia Carter, Asst. City Manager; Christian Murdock, Planning Director; Maria Sarasua, Police Chief; Bob Palacio, PB&R Director; 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 Mayor Bigstyck
Closed Session Report – n/a.
SPECIAL PRESENTATIONS
A. Proclamation - Indigenous People's Day
Mayor Bigstyck read a proclamation honoring the Indigenous People’s Day on the 2nd Monday in October. He then introduced Jonathan Cordero, Chair of the Association of Ramaytush Ohlone.
Mr. Cordero referenced what they have done for years in connection with their long and wonderful relationship with Pacifica as it is a part of their ancestral land and village of origin.
They are grateful to receive the proclamation, not just on behalf of the original natives of the San Francisco Peninsula but on behalf of all California American Indians and other indigenous peoples around the world. They looked forward to being there in person and to continuing their relationship.
2.a
Packet Pg. 31
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 15 October 09, 2023
Mayor Bigstyck stated that they have had the opportunity to become fast friends, and he is grateful for that. Mayor Bigstyck asked Mr. Cordero if he would take a brief moment to tell them about him personally and the organization.
Mr. Cordero stated he was chair of the Association of Ramaytush Ohlone non-profit which they started a few years ago. He mentioned that they have done quite a bit of work in Pacifica and the peninsula, specifically to get their land back, do research, etc.
Councilmember Bier stated it was good to see him and thanked him for everything he does.
Councilmember Beckmeyer congratulated him on their milestones. She stated she looked forward to a future conversation with him and she would love to help them in whatever capacity she can.
Mr. Cordero thanked her.
Councilmember Boles appreciated his involvement in our community and the commitment to educating people and caring for people and the earth, and she hoped to be in close partnership with them and providing a vision for this beautiful place in Pacifica.
Mr. Cordero stated that, for the record, the quarry site is not a cultural or village site, but there are village and cultural sites nearby, and he will clarify that for all of them.
Mayor pro Tem Vaterlaus thanked him as she learned so much at the Council of Cities dinner they had.
Mayor Bigstyck reiterated that he appreciated to have the opportunity to get to know him and learn from him. He looks forward to a continuing friendship.
Mr. Cordero thanked him and all councilmembers as well as the support of people of Pacifica.
B. Proclamation - Domestic Violence Awareness Month
Mayor Bigstyck read a proclamation honoring Domestic Violence Awareness Month. He then introduced Lynn Schuette, representative from Community Overcoming Relationship Abuse (CORA).
Ms. Schuette, representative of Community Overcoming Relationship Abuse (CORA), thanked them for the opportunity to speak on Domestic Violence Awareness Month. She stated that she has gone to many cities to accept their proclamations and is particularly proud to be here in her hometown. She applauded all the work Council is doing to raise awareness. She thanked them for recognizing this issue and making Pacifica an engaging place to live. She stated that, if there is anyone listening to her speak and they think they are being abused, they can connect them to resources.
Councilmember Bier thanked her, adding that she had an opportunity to tour their facility and learn a lot about CORA services, and they have referred many people to their services.
Mayor pro Tem Vaterlaus thanked her for being here, and she appreciated everything they have done for years and being there for people who need them.
2.a
Packet Pg. 32
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 16 October 09, 2023
Councilmember Beckmeyer stated that they have had the opportunity at the Council of Cities meeting to tour their facility. To see the facility and meet staff was impressive and comforting to know that resource exists in our county and community.
Councilmember Boles stated that is one of her favorite things about the Council of Cities dinners, as they get to learn about other agencies and buildings. One thing she was proud of on the tour was that they had the statistics from different cities and Pacifica is one of the top referrals and users of their services, and she appreciated all the good they are doing in our community.
Mayor Bigstyck stated that he has friends who have utilized their services or worked with their service. He thought there was not anyone who has not been touched in some way by domestic violence, even if not personally.
CONSENT CALENDAR
Mayor Bigstyck asked if any councilmembers wanted to pull an item from consent, and seeing no one, opened public comment.
Chris Redfield, Pacifica, commenting on both Items 6 and 7, thanked Public Works and Engineering staff and Council for action on the flooding issues that have plagued lower Linda Mar, and shared his thoughts on both issues.
Mayor Bigstyck closed public comments.
Councilmember Beckmeyer thanked Mr. Redfield for his comment, as she was going to say the same thing as she is thrilled to see this moving forward in lower Linda Mar and thanked PW and Engineering staff for working together to get these contracts.
Councilmember Boles also wanted to thank the two residents as two of the pipes for the drainage are going on private property and it is a beautiful testament of public and private partnership working together to solve that problem. She also thanked PB&R Director Palacio for bringing janitors to our pool staffers on item 8.
CONSENT ITEMS #1-8
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bier, Councilmember
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
1. Approval of Disbursements for Dated 9/01/23 through 9/30/23.
PROPOSED ACTION: Receive and file the Monthly Check Register Report for the month of September 2023
2. Continuation of Proclamation of Local Emergency of the Pacifica Coastline from Westline Drive to the End of Beach Boulevard.
PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.
3. Continuation of Proclamation of Local Emergency at the Anza Pump Station.
2.a
Packet Pg. 33
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 17 October 09, 2023
PROPOSED ACTION: Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.
4. Approval To Purchase Replacement Structural Fire Fighting Safety Gear PROPOSED ACTION: Adopt the Resolution to approve the replacement purchase of the Structural Fire Fighting Safety Gear (protective clothing) from LN Curtis in the amount of $169,634.
5. Resolution to Approve the Professional Services Agreement between the City of Pacifica and One Water LLC DBA Aqua Staffing in the amount not to exceed $200,000.
PROPOSED ACTION: Move to Adopt the Resolution Approving the Professional Services Agreement between the City of Pacifica and One Water LLC DBA Aqua Staffing in the amount not to exceed $200,000 to provide wastewater operation services; and Authorize the City Manager to execute all necessary documents related to this project.
6. Resolution to Approve an Agreement between the City of Pacifica and Casey Construction for Construction of the Anza/Arguello Interim Storm Drain Project in Lower Linda Mar
PROPOSED ACTION: Adopt Resolution Approving an Agreement between the City of Pacifica and Casey Construction for Construction of the Anza/Arguello Interim Storm Drain Project, in an Amount Not to Exceed $220,000 with a 20% Contingency, for a Total of $264,000.
7. Resolution to Approve a Master Agreement and Task Order 1 for Carollo Engineering for the Anza Interim Storm Drain Design
PROPOSED ACTION: Adopt Resolution Approving a Master Agreement and Task Order 1 between the City of Pacifica and Carollo Engineers for Design of the Anza/Arguello Interim Storm Drain Project, in an Amount Not to Exceed $64,944.
8. Amendment No. 1 To Agreement Between the City of Pacifica and Universal Building Services (UBS) For Janitorial Services
PROPOSED ACTION: Adopt Resolution to Approve Amendment Number 1 to the agreement with Universal Building Services to provide additional janitorial services at the Pacifica Community Center and Jean E Brink Pool.
PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Tokuko Hirano, Pacifica, stated they have freedom to speak, and she shared her thoughts on the positive aspect walking her dog while having to deal with unclean property in the neighborhoods.
Sam Casillas, Pacifica, appreciated removing Sea Bowl property from the Housing Element project and shared his potential options going forward.
2.a
Packet Pg. 34
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 18 October 09, 2023
COUNCIL COMMUNICATIONS
Mayor pro Tem Vaterlaus stated several of them went to Council of Cities in Half Moon Bay and discussed the CARE program which provides mental health assistance to the police. She attended the Palmapalooza. She stumbled in on the city’s Health Fair for city employees and she learned a lot. She has had various constituent meetings and phone calls over the past couple of weeks. She went to the police inspection and family day. She also shared it was Breast Cancer Awareness month and encouraged both men and women to get mammograms as well as do their self-exams.
Councilmember Bier stated she had several Age-Friendly Coalition meetings and asked the community to keep their eye out for an adult resident livability survey. They want to collect information on housing, outdoor spaces, buildings, transportation, communication, social participation and different kinds of information so they will have some date when moving forward with their work plan. She stated that the day after their last meeting was Fog Fest. She thanked everyone for the Fog Fest and their prevention booth collected surveys and talked to people about overdose prevention. She attended the Rotary Club meeting with Cindy Abbott and they had an opportunity to talk about their art projects for a more peaceful and just community. She shared their project goal and stated they had a work plan for activities that will be going on in the community and appreciated that Cindy Abbott was able to get some funding for it. She attended the San Mateo County HEART meeting and they voted on authorizing a $3 million loan to an affordable housing site at 678 Ralston Avenue with 65 units. She felt it was an honor to be part of it and she will keep them updated as she gets more information. She attended the CCAG Bicycle/Pedestrian Advisory Committee meeting where they reviewed and confirmed the MTC complete street check with Pacifica’s Manor Drive Overcrossing Project for the 2024 State Transportation Improvement Program. She thanked Roland Yip for being able to answer questions. She stated it is their work on regional boards that gives them the opportunity to represent Pacifica. She stepped back from the CalCities Peninsula Division Executive Committee. She stated Palmapalooza was awesome, and she thanked the community for supporting PRC. She attended the Coast Pride meeting where they are going to talk about planning Pacifica Pride, and she was excited to work with their new co-chair, Lauren Smith, on Pacifica Pride. She stated that the Pacifica Peace People had a well-attended evening talking about racism. She attended the BID meeting to talk about the money supporting our hotels.
She thanked Chief Sarasua for the beautiful display at the Pacifica Police Department inspection day which showed the unity within the police department.
Councilmember Boles added they had a BBIRP meeting to talk about amenities and different options. She reminded everyone of additional opportunities to participate. She had a Commute.org meeting and had the results of the SMC transportation survey. Planning Director Murdock and she had a separate meeting to review the data from Pacifica. She stated that what came out of that was that going to a shuttle means several years of a commitment of financial resources and the first step is to start a van pool and know if there is enough sustained interest to fund that program. She met with Bill Chang, PG&E representative for our area, and he shared some legislation the state had passed, including a new rate structure for electric use.
The state has mandated changing it from based on use to income so there will be three different tiers. She stated that they are also pushing to underground some electrical lines as those can be sources of fires. She stated the Council of Cities in Half Moon Bay was great and she had great conversations with their councilmembers. She stated Palmapalooza and the Peace People event were great. She started her San Mateo County Leadership Training Program, starting with a 2-day retreat with two different groups, and they will be meeting once a month on different issues, such as economic development. She had a good meeting with Asst. City
2.a
Packet Pg. 35
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 19 October 09, 2023
Manager Carter and Economic Development Manager Tara Schiff so she could be thinking about what they needed. She stated that there are some interesting grants coming up and partnership within the county that she will share later. As part of that training, they have CAP projects they are working on over ten months and she will be working with Supervisor Ray Mueller’s office to look at water capture projects along the coast to build resilience. One of the options they are considering, following discussions with Chair Hauser, NCCWD Director Adrienne Carr, and NCCWD President Jack Burgett, is fog harvesting. As part of that, she went to a different project in Santa Cruz by scientists at UC Santa Cruz studying fog harvesting.
She added that their most successful test site was at Milagra Ridge on the NCCWD property.
She had an Airport Roundtable meeting; they are working on possible expansion of the NIITE/HUSSH program so the flights don’t come over Pacifica and turn down the coast but instead continue over the ocean before they turn. She stated that there is an upcoming electric home tour 40 projects all over San Mateo and Santa Clara Counties which includes her house.
Councilmember Beckmeyer has been spending the past couple of weeks recovering from Fog Fest, which was an amazing event. She met with Angelina Soldatos from California Apartment Association and took her on our walk along Esplanade, as she is new to the organization. Ms.
Soldatos did work in the City of Fairfax which has similar issues. She agreed that the community dialogue about racism was very useful and beneficial. She was at the BID meeting and she thanked the attendees for being there and thanked staff for helping the meeting happen, especially General Manager Ella Patel for her willingness to work with city staff on a subcommittee for outlining some options as the BID transitions from the fiscal agent overseeing and working with BID formerly being the Chamber of Commerce and now the city in identifying what its next steps will be and how the hotels want their funds invested to promote more hotel nights and tourism in Pacifica. She was looking forward to hearing more about a more peaceful and just community. She thanked Councilmember Boles for all she does, as well as the update about CPUC and undergrounding powerlines. She then thanked Councilmember Bier for the time she represented the coast at previous League of Cities meetings.
Mayor Bigstyck shared commiserations with the community on the conflict between Israel and Palestine. He attended the PCE board meeting and heard the ways they are communicating with the state at the LCTA board retreat and conversations they are having with PG&E about power, etc. He received some legislative updates on the EV ready programs. He stated that, instead of attending Council of Cities, he interviewed State Senator Josh Becker for The Mayor’s Office. He also has interviews coming up with Assemblymember Marc Berman as well as colleagues from around the region, including Anders Fung from Millbrae, Mark Nagales of South San Francisco, and potentially Maurice Goodman and Glenn Sylvester. He was happy to attend Palmapalooza. He then took a family trip to Disneyland shared some of his positive experiences while there.
STAFF COMMUNICATIONS
City Manager Woodhouse had the opportunity last week, along with Asst. City Manager Carter, to attend the International City and County Management Association (ICMA) Annual Conference where more than 5,000 city management professionals gather together. It was a great conference with a lot of keynote speakers and breakout sessions covering topics like strategic leadership, storytelling to advance priorities, multi-generational workplaces, connection intelligence ethics, community engagement, and personal and professional resilience.
2.a
Packet Pg. 36
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 20 October 09, 2023
PUBLIC HEARINGS - NONE.
CONSIDERATION
9. Resolution to Approve a One-Time Donation to CORA (Community Overcoming Relationship Abuse) and Amend the FY 2023-24 Budget to Appropriate the Funds PROPOSED ACTION:
1. Adopt the attached resolution to approve a one-time donation of $10,000 to CORA (Community Overcoming Relationship Abuse) for SPEAK UP, a County-wide education and training pilot program in the City of Pacifica and amend the FY 2023-24 General Fund Budget to appropriate the funds;
2. Direct the City Manager to develop a process for City Council annual consideration of non-profit donations during the annual budget development process, and return to City Council to consider the process in late winter/early spring 2024 prior to FY2024-25 budget development.
City Manager Woodhouse gave a brief staff report and then turned it over to Ms. Schuette, who gave the presentation.
There were no public comments.
Councilmember Beckmeyer stated that they heard about the Speak Up program at the Council of Cities dinner and it was very beneficial. She recalled Pacifica’s use of services indicates it doesn’t mean your community has more incidents of partner violence, but that your community is utilizing the resources available. She stated that, knowing we have this safety net, participating with CORA, and hearing about Speak Up, it was very inspirational. She stated that, the more you learn, the more you realize it’s everywhere and happening all the time, and learning more will be beneficial for our community. She wants to join with other communities in the county that are doing this work with Speak Up.
Councilmember Bier stated that the staff report calls it a one-time donation but it is bringing service to our community. The amount of interactions that CORA will be able to have with our community will be important to get that general information out. She feels they benefit from it and is all for it
Councilmember Boles is grateful for the organization and all the education they will provide to the community. She thanked staff for finding a way to fund things mid-year.
Mayor Bigstyck thought it was wonderful having the opportunity through Council of Cities to see CORA and that was the gateway to this opportunity. He has come to discover the interest in community buy-in regarding the discussion of distribution of funds to nonprofits and organizations. He asked if they want to adopt the resolution and make the motion before they discuss the direction around nonprofits or give that direction first and then make the motion.
City Attorney Kenyon stated it is Council’s preference but they do need a motion.
Councilmember Bier moved to adopt the attached resolution to approve a one-time donation of $10,000 to CORA (Community Overcoming Relationship Abuse) for SPEAK UP, a County-wide education and training pilot program in the City of Pacifica and amend the FY 2023-24 General Fund Budget to appropriate the finds; seconded by Mayor pro Tem Vaterlaus.
2.a
Packet Pg. 37
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 21 October 09, 2023
Mayor Bigstyck stated that the conversation of distributing funds to nonprofits has come up several times so he thinks it’s a good idea to direct City Manager to come up with a policy. He stated that this was unexpected after the fact of their budget process and he thinks it would be good to incorporate such occasions in their process.
Councilmember Bier noted, in other cities, they have a process where different groups can apply for different fundings. She asked them to think about it for their next conversation about the Pacifica Resource Center being outside of that.
Councilmember Beckmeyer supports having the City Manager and staff develop this idea and bring it back to Council for approval. She appreciated the comment about the unforeseen as that is important and she appreciated the leadership bringing this forward as an item. She stated that they brought up Pride and other instances since the budget approval cycle and the timing recommended here makes a lot of sense. To have the process brought back in late winter/early spring of 2024 and prior to the 2024-25 budget development cycle.
Councilmember Boles agreed, and she asked if there was anything the City Manager needed specifically from Council at this point.
City Manager Woodhouse stated they needed only the direction that they will go and develop a policy or alternatives in bringing it back for Council discussion in the future.
Mayor Bigstyck concluded they have consensus.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bier, Councilmember
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
10. Update regarding Local Coastal Land Use Plan (LCLUP) certification process and incorporating 2040 General Plan consistency revisions into the existing Certification Draft LCLUP and approving a Revised Certification Draft LCLUP to transmit to the California Coastal Commission.
PROPOSED ACTION: Adopt the attached resolution: 1) certifying that the Revised Certification Draft LCLUP is intended to be carried out in a manner fully in conformity with the California Coastal Act; 2) directing the City Manager to incorporate 2040 General Plan consistency revisions into the existing Certification Draft LCLUP to form the Revised Certification Draft LCLUP and adopting the Revised Certification Draft LCLUP; 3) approving transmittal of the Revised Certification Draft LCLUP to the California Coastal Commission (CCC) for certification; and, 4) finding that approval of the Revised Certification Draft LCLUP is exempt from the California Environmental Quality Act; and
Provide direction on a community engagement plan to update the public on the status of Pacifica’s efforts to obtain CCC certification of the LCLUP.
Planning Director Murdock presented the staff report.
Councilmember Bier referred to community engagement and asked if the first meeting will be with the Planning Commission.
2.a
Packet Pg. 38
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 22 October 09, 2023
Planning Director Murdock stated, as conceived, it would be a City Council meeting only.
Councilmember Bier asked if the Planning Commission would have an opportunity to work on it.
Planning Director Murdock stated that the process, as they are conceiving it, is a Council-driven process because the ultimate decisionmakers are talking about additional steps beyond what the City Council has already finally approved. That is why they structured the process in this way. Assuming that the process plays out as staff has recommended, the Planning Commission would then hear the LCLUP again following Coastal Commission final action and have an opportunity for public input at that time.
Mayor Bigstyck wanted to be sure that the California Coastal Commission concurs with staff recommendation.
Planning Director Murdock stated he is correct, adding that the letter was not received prior to the agenda packet publication but it did come in and was included in the public comments submitted prior to this meeting.
Councilmember Boles stated that the current deadline for the process was December 22, 2023, and if they pull it and resubmit, is there a hard deadline to adopt a new LCLUP.
Planning Director Murdock stated that, if he understands the question, she is asking in terms of acceptance for filing and processing time by the Coastal Commission.
Councilmember Boles responded affirmatively.
Planning Director Murdock stated that there is not. He stated that, with staff discussions with appropriate leadership of the North Central District office, they have committed to timely review and processing with the application. They understand that the nature of this application is not changing but incorporating textual edits to achieve alignment with the General Plan and they aren’t anticipating any significant filing comments of the type that took multiple years previously.
He stated that is why staff feels confident about an estimated final action by the Coastal Commission no later than June 2024.
Councilmember Boles asked, if there ends being some back and forth, they haven’t given us a hard deadline to complete this process if it ends up needing more time.
Planning Director Murdock agreed.
Councilmember Boles stated that she was reading the document and thinking if the Planning Commission should review it. She wondered if there was some way to include them in an earlier meeting which could be helpful. She was confused about the third step in the process.
She concluded that they will have a study session where they explain all the changes the Coastal Commission is requesting and they will have a public discussion, but the third thing was a letter to the Coastal Commission, not that they are working on revisions to the LCLUP ourselves. She asked if it is correct that they are working on a letter to transmit something.
Planning Director Murdock agreed that what staff is recommending is that they would prepare a draft comment letter for Council to consider and revise as appropriate to transmit to the Coastal Commission. He referred to all of the mechanics and administrative processes of revising the redlines and resubmitting, etc., and asked her to set those aside and just think of the big picture
2.a
Packet Pg. 39
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 23 October 09, 2023
of where they are in the process. They filed their LCLUP amendment, went back and forth for years with the Coastal Commission, and they released their staff recommendation in March 2023, which we are scheduled to proceed to a hearing. If you think about those steps required to get to a public hearing, if we had proceeded as planned, they could imagine Council having submitted comments on Coastal Commission staff’s recommendations. It is the same process where they will be saying that they appreciate their staff’s recommendations but, in further discussions with them, they are going to suggest different modifications than those proposed.
The Coastal Commission would have those comments from the city and their staff’s analysis to consider. Ideally the Coastal Commission staff would concur with our city’s recommendations which is the thrust of this process, i.e., to allow time for our community and additional conversation with Coastal Commission staff to reach some sort of compromise or balanced approach between their suggested modifications and the city’s original LCLUP. He stated that all of that goes to the Coastal Commission process, the hearing, final Coastal Commission action, and it comes back to the city. We will have six months to finally adopt through Planning Commission and City Council the final Coastal Commission certified document. He stated that an alternative process would take much more time than submitting the comment letter and taking final action after the Coastal Commission. That is why staff has outlined this particular process.
Councilmember Boles asked if we won’t have an opportunity to review this document in detail line by line until after they sent the letter to the Coastal Commission that reviews it again and after they say it is okay. She asked if there were other opportunities for Council to modify this document between now and then.
Planning Director Murdock stated that the answer is yes. He asked her to not focus too much on the redline version as this is incorporating policy that Council and Planning Commission has already extensively poured over through the General Plan update process to achieve alignment with the LCLUP that came through that same process two years earlier. He stated that isn’t intended to be any sort of substantiative policy action at this meeting by directing this redline change. Council will have the opportunity to suggest modifications to the Coastal Commission staff’s recommendations through this process and culminating with meeting no. 3. He stated that if Council wants some other LCLUP update process that is not accounted for in this process. This is getting the 2020 City Council approval to the finish line and not a new LCLUP process, but intended to address Coastal Commission staff’s suggested modifications and find a third way to get Coastal Commission certification.
Councilmember Boles stated there might be some changes that she might want to suggest, some of which may relate to their comments. She is trying to understand what happened is, when the draft was written, it was a very contentious process; the city presented a document that talked about sea level rise in terms of triggers and that took out some of the triggering language that a lot of the community objected to, and that was a strong compromise. In the letters back and forth, the Coastal Commission has said they were fine with triggers but the city didn’t give them enough information; they would need to flesh that out more and that hasn’t been given to them. She stated that in the letter they just issued, this document says this is the bare minimum we need to be able to certify this document with the Coastal Act. She thought that may be a shift from what was the Council’s direction was earlier because they haven’t had that conversation. She wants to understand the policy more.
Planning Director Murdock thought, to her specific point, that understanding the details, would begin with the meeting no. 1 process by looking at the suggested modifications from the Coastal Commission staff. He stated that they aren’t prepared, and he wouldn’t recommend getting into
2.a
Packet Pg. 40
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 24 October 09, 2023
more details at this meeting, but one of the suggested modifications addresses just the point she is describing, i.e., the particular sub-area triggers for adaptation and subsequent policy changes. They suggested a different approach, largely along the lines they described, and they will have an opportunity concluding with the meeting no. 3 comment letter to suggest something different and explain their reasons for that. He stated that this process would allow the discussion of those types of subject matter that the Coastal Commission has commented on, but it wouldn’t allow for Council to get into entirely new subject matter to change what was submitted in June 2020. He stated that is not what this process is and would be a different process directed by Council.
City Attorney Kenyon clarified that essentially the way to look at it is that the process where we are to date has been that we have taken our direction from a prior Council on how to submit the LCP. If this Council decides to change that prior direction, staff needs that direction from a majority of Councilmembers through another meeting. As Planning Director Murdock mentioned, it isn’t prepared directly for discussion at this meeting, but if that is the direction from the majority of the Council to introduce a new process into this path and current LCP process, the majority of Councilmembers can do that. She stated it is not that their desires can’t be met, but procedurally, the way to make that happen is to get a concurrence from the majority of Council that they want to change the process that has already been instituted since 2020.
City Manager Woodhouse stated that he is not recommending restarting the LCLUP process at this point in time.
Councilmember Boles stated she doesn’t have a sense of what they can alter at this point and where they are, but they will learn more later about what is needed.
Planning Director Murdock suggested trying to frame her thinking along the lines of what the suggested modifications were from the Coastal Commission and thinking about ultimately Council transmitting a comment letter related to those Coastal Commission comments, and within the purview of what those suggested modifications were, it was probably fair game for discussion. He added that the process is not structured to accommodate that currently.
Councilmember Beckmeyer asked if Planning Director Murdock could describe the 3-meeting strategy that is laid out in light of Councilmember Boles’ questions. She wants to know if the 3- meeting process allows for a discussion about the trigger item as an example because of the differences in the redline versus where they are going.
Planning Director Murdock stated that the redline that they are recommending constitutes a revised application that doesn’t get into the suggested modifications of the Coastal Commission from March 2023. He stated that the first opportunity for Council to delve into that would be meeting no. 1. They will brief them and summarize those 100+ suggested modifications covering a broad range of subject matter and policies, some of which have been heartfelt testimonials by various members of our community throughout the process. Staff would ask them to think about changes to those in the context of City Council way from February 2020, Coastal Commission staff way from March 2023, and a possible third way that could be a “compromised approach” or some sort of way to bypass the difference between our agencies that would form a future comment through the meeting no. 3 process. They can talk as much as they would like about triggers, given that is one of the policies that the Coastal Commission suggested modifications to change. They can think about if they have it right or think of some other way to do it and suggest it as a comment back to the Coastal Commission.
2.a
Packet Pg. 41
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 25 October 09, 2023
Councilmember Boles concluded that they aren’t writing the policy, just giving a letter.
Councilmember Beckmeyer stated that the letters are detailed specifically coming from what they discuss in meetings 1 and 2. She thought it would be an opportunity for Council and the community to dive into what the differences are from what the Commission staff submitted to the Commission in March 2023 and where they vary. She thought that was a good process.
Mayor Bigstyck agreed, especially if, as a result of that letter, when the time comes to be heard, their staff is able to say they have, through collaboration, found a way past our differences to find something that could work for all parties. That would be very powerful.
Councilmember Boles understood that the intent of the letter is to give staff the negotiating power to keep working on these things and not that they have an exact plan forward but giving direction.
Planning Director Murdock agreed, stating that the comment letter should be as specific as it needs to be to address the policy difference. It could, in some cases, involve alternative text suggestions and in other cases just be a clear reorientation of a policy that staff hammers out with the Coastal Commission staff for their final recommendation ahead of the adoption hearing, which then comes back to City Council and Planning Commission for confirmation post-Coastal Commission certification. The breadth and variety of the policy language and topics in the LCLUP are very broad and varied, and they will have to tailor and calibrate the approach to meet the particular policy substance.
Councilmember Boles asked, when it comes back to Council for approval, if they find something they still want to redline, and she asked if there was an opportunity for that process.
Planning Director Murdock would say the opportunity to continue to make changes diminishes later in the process, with fewer and fewer after the Coastal Commission certification action. He thought some very minor changes could be made, but whatever Council finally adopts goes back again to the Coastal Commission for their executive director’s determination that the city adopted what the Coastal Commission approved. He stated that, if there is great deviation, they may reject that and they may be back to square one, having to file other LCLUP amendment.
That is why they should do their best to get it as good as they can through this process they outlined.
Councilmember Boles asked about the present process.
Planning Director Murdock stated that this is all policy language that has been thoroughly vetted through the General Plan update process that they are simply aligning into the LCLUP for consistency between the two documents. He stated that there is no new policy language that hasn’t been thoroughly vetted by the community and Council. Whether everyone will agree with it is not what this process is, as that process already occurred in the General Plan update process. He stated that this isn’t the final opportunity that Council will have to say yes or no to whether this is the best language for Pacifica. What it does is gives them more time to complete the LCLUP process and result with the LCLUP certified by the Coastal Commission and is consistent with the General Plan which is a lot of value to us as a community.
Mayor Bigstyck opened public comments.
Sam Casillas, Pacifica, agreed with staff’s request to be allowed to negotiate with the Coastal
2.a
Packet Pg. 42
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 26 October 09, 2023
Commission staff to find a resolution of our LCLUP, expressing his concerns and thoughts on the ongoing process.
Clif Lawrence, Pacifica, stated he understands and accepts what staff has proposed, but expressed his concerns on the relationship between the Coastal Commission and the city and ultimate results of the process.
Larry Bothon, Pacifica, stated he read the revision which seemed reasonable, solid and supporting public’s desires and expressed his support in passing this resolution.
Andy Narraway, Pacifica, stated he proposed that Council reject this proposal and he shared his concerns on the possible future problems if passed and requested that they submit a plan consistent with state law.
Chris Redfield, Pacifica, thanked Council, staff and all involved getting to this point, and he expressed his thoughts and supported this resolution and looked forward to further public engagement.
Robine Runneals, Pacifica, stated what is happening at this meeting is very confusing, and she has been involved in this for many years and knows they had submitted what the public also wanted for this plan and she shared her positive thoughts regarding this present proposal.
Mayor Bigstyck closed public comments and asked for a motion to extend the meeting.
Councilmember Bier 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: Mary Bier, Councilmember
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Councilmember Bier stated that they received a letter from the California Coastal Commission and read the last paragraph which shows that Pacifica is working with the Coastal Commission.
Mayor Bigstyck asked if this is the appropriate time to highlight typos.
Planning Director Murdock stated they would value any input on typos.
Mayor Bigstyck suggested “new buildings in buffer areas shall be supported by…” on packet page 315.
Planning Director Murdock stated that they would eliminate the redline.
Mayor Bigstyck suggested eliminating the redline “however, water tanks located in the hills above populated areas to burst and inundate areas below due to a seismic event” on packet page 335.
Planning Director Murdock confirmed they could eliminate that redline.
2.a
Packet Pg. 43
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 27 October 09, 2023
Mayor Bigstyck suggested on packet page 349, fourth paragraph, second line, that they eliminate the repeated “zone”.
Planning Director Murdock agreed.
Councilmember Bier referred to packet page 240 regarding a feasibility study of ultraviolet treatment system and asked if they are not planning on replacing them but just study it.
Planning Director Murdock stated that they are trying to make a 2020 document better with 2022 information which could be out-of-date.
Councilmember Boles referred to packet page 186, resolution no. 3, and asked for clarification regarding the CEQA requirement.
Planning Director Murdock stated yes. The provisions shift the burden for CEQA compliance from the local agency to the California Coastal Commission, and it was required. He stated that the Coastal Commission undertakes a CEQA equivalent process so not technically CEQA but compliance with state law.
Councilmember Boles concluded they will undertake that process as part of their review and it will be done before it gets to the Coastal Commissioners. She made some of these comments before on the General Plan, and she referred to mention of the coastal regional sediment management plan being developed, but she thought it was finished since 2017. She then referred to page 213, the addition of mixed use neighborhood and mixed use center zoning, which talked about commercial spaces on the ground floor for the most part; she wanted to be sure we aren’t limiting ourselves if we want commercial or restaurant or public recreation types on a higher level.
Planning Director Murdock understood, clarifying that these are redline edits to incorporate what is in the General Plan and not a policy discussion for changing the policies which would be a separate action by Council to amend both the General Plan and the LCLUP at a future time.
Mayor Bigstyck asked, after they adopt the Housing Element, whether there will be subsequent updates to the LCP at that time.
Planning Director Murdock stated that he was potentially correct depending on the final sites list if land use designation was changed. He stated that, as it relates to the 3-meeting structure and sequence that staff has articulated and recommended, he knows there are a lot of questions remaining by our community and potentially Councilmembers about whether these policies are the right ones for Pacifica for the next 20 years. He stated that they will take them through with the process with the sequence of events that explains what the Coastal Commission staff has recommended in meeting no. 1; potential alternatives to that, some of which staff has discussed with Coastal Commission staff, in meeting no. 2; and meeting no. 3 is when Council gets to decide if we want to push forward with prior Council action, some comment letter that was revised for certification, or do they think a broader LCLUP process needs to be revisited. They can choose not to authorize that comment letter and direct some other comprehensive process if the majority of Council wanted that at the conclusion of meeting no. 3. He stated that, to whatever extent a Councilmember might be unsettled in some of these policies, this isn’t their final endorsement that these will ultimately be certified LCLUP provisions. They do need Council’s direction in this regard to give staff time and space to have community conversations
2.a
Packet Pg. 44
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 28 October 09, 2023
to make that decision at the conclusion of meeting no. 3.
Councilmember Boles stated she was concerned about the coastal access map at the back of the document. She is concerned because there have been changes in the last few years, especially on the north end of town in places where we used to have access.
Planning Director Murdock stated that the diagram is consistent between the General Plan and LCLUP.
Councilmember Boles stated that she made those comments as part of the General Plan.
Planning Director Murdock stated the status of the access points and serviceability will always change over time and the plan won’t necessarily always reflect their current condition. It is intended to represent where existing accesses are and are they intended as type of access or just bluff top view or beach level access. If there are issues in maintenance and repairs or extensions and improvements that occur over time, those are not likely to be reflected effectively in a static map at one point in time. He stated that it is saying should it be beach level access or not, and then carrying that out and providing the policies that work to provide that type of access in that type of location.
Councilmembers Boles and Bier discussed when there may be changes before or after Coastal Commission review.
City Attorney Kenyon asked Planning Director Murdock to address questions on timeline.
Planning Director Murdock thought it was likely to be a future LCP amendment if they want something different. The item at this meeting is to achieve consistency between the General Plan and the LCLUP. These diagrams are consistent with one another. It is also not a topic that he recalls the Coastal Commission commenting on and it wouldn’t be set up in the framework of this process to comment on changing their suggested modification. It will perhaps be some follow-up on LCP periodic update or cleanup, similar to how they periodically revisit the General Plan to make sure it’s updated and aligned with current conditions and desires of Council.
Mayor Bigstyck stated that they have time in February that is carved out so they can look at how the General Plan is doing and make comments about updates that might be helpful to make and they have it set up before Goal Setting.
Planning Director Murdock agreed as the annual report on the General Plan implementation occurs in February for that reason, i.e., anything identified in that process can be considered by Council to work on in the coming fiscal year and early enough to influence the Goal Setting process. He stated that this is a good example as this diagram is also in the General Plan and, if there is a desire to work on this or any other aspect of the General Plan or LCLUP that can be identified in February, prioritized and, if adopted, programmed in for the subsequent year.
Councilmember Boles referred to PR-I-7, Adjustment of Lateral Shoreline Easement, and asked if Planning Director Murdock can explain how that relates to the General Plan.
Planning Director Murdock stated that it came directly from the General Plan, Policy OC-I-43, and that was a conforming edit in the redline to achieve consistency between the General Plan policy as adopted to include it in the comparable policy in the LCLUP.
2.a
Packet Pg. 45
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 29 October 09, 2023
Councilmember Boles referred to packet page 262, and noted a typo at PR-I-26: “pursue public ownership of Rockaway Beach is maintained.”
Planning Director Murdock noted that.
Councilmember Boles referred to packet page 277, with two mentions of the Manor Drive Overcrossing, and noted inconsistencies with page 281, PR-I-67. Councilmember Boles clarified her comments with City Attorney Kenyon, and Councilmember Bier noted the inconsistency.
Planning Director Murdock stated that they found the final language in the General Plan that says, “The Manor Drive Overcrossing is planned to be widened and coordinated signal control is recommended to be added at the intersection of Manor Drive, Oceana Blvd., and Palmetto Avenue. The project could also potentially include a new on ramp to SR1 from Oceana and Milagra Drive, though other alternatives that achieve similar congestion relief objectives are also being considered.”
Councilmember Boles stated she was okay with that language.
Planning Director Murdock understood and they will make the conforming amendment.
Councilmember Boles referred to page 283, and she appreciated that a lot of the transit things have been updated but Route 140 is also deleted and she thinks the SamTrans On Demand rideshare service pilot in Linda Mar has also been deleted. She is curious why they are deleting and updating some things and not other things.
Planning Director Murdock stated the only answer he has is that they are aligning with the General Plan and, to the extent that the General Plan provisions may have been out of date or inaccurate, it could be inconsistency.
Councilmember Beckmeyer asked if he was suggesting that could be a cleanup item.
Planning Director Murdock stated it absolutely could be.
Mayor pro Tem Vaterlaus stated that things change all the time so it is going to be difficult to continue for another 20 years based on something.
Councilmember Boles understood. She mentioned looking at the flooding and storm water discussions on page 297. She knows they just completed the Storm Water Master Plan that identified the flooding in Sharp Park and she thought that was an important thing to include and is missing but maybe it’s not in the General Plan.
Councilmember Bier stated that, if they just finished it, then it wouldn’t be in the General Plan.
Planning Director Murdock stated this is an example where the annual progress report on implementation of the General Plan where we would hopefully recognize we have accomplished some of these Planning or Capital Improvement components. They could report on it, and Council could determine if it was important enough to trigger the work required to amend the General Plan or do they recognize with plan of the 20-year horizon over time, bits and pieces will be completed but we don’t necessarily need to make every line by line revision to reflect
2.a
Packet Pg. 46
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 30 October 09, 2023
current status. He stated that it is a judgment call for Council and there is a fair amount of work involved even with minor General Plan amendments, but that would be an established process to do these periodic status changes about completion or setbacks or inclusion of new work needed.
Councilmember Boles stated she had two more things. On packet pages 336-7, she read the paragraph about coastal zone new development setbacks. She stated it is new and she asked if that ties into the General Plan policy.
Planning Director Murdock stated that it does on page 8-10 of the General Plan.
Councilmember Boles stated the next page continues about site stability surveys. She recalled sea walls and protection are okay for existing structures and she knows the definition of such is being considered and litigated, but this is talking about protection for new development which she considered problematic.
Planning Director Murdock stated this reflects the reality of the Constitution and Takings considerations. There may be an instance where, despite the best imperatives of coastal resource protection in the Coastal Act, it could deny all economic use of one’s property; when that occurs, the potential exists for a Takings. This is saying, in certain circumstances, you may need to allow some minimal amount of development with the sea wall to avoid a Takings.
Councilmember Boles wasn’t sure the Coastal Commission is going to go for this.
Planning Director Murdock stated it will be a case-by-case basis as the Coastal Act does account for circumstances like this and the Coastal Act needs to comply with the U.S.
Constitution related to property rights and Takings, and there are instances where the Coastal Commission will be obliged to okay development. There will be instances where the facts apply to that circumstance and may not justify allowing development.
City Attorney Kenyon added that it was an excellent point Councilmember Boles made, that the Coastal Commission may raise this as an issue that they have, which means that, in this 3-step process staff have laid out, she will have the opportunity to address that because it will be a comment from the Coastal Commission and Council will have to weigh in on that. That is a perfect example of how the discussion she brought up will be discussed in the current process laid out by staff because it is most likely something the Coastal Commission will raise.
Councilmember Boles moved to extend the meeting to 11:45 p.m.; seconded by Councilmember Bier.
MOVE TO EXTEND MEETING TO 11:45 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Boles, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Councilmember Boles referred to the fire map, with discussion on page 349 and the map on page 444. She stated that this fire map does not match the fire map in the General Plan or in the EIR. It was the original fire map that was in the draft before it got changed in the last round and it shows very high fire hazards in various zones in the city limits and Pedro Point; the
2.a
Packet Pg. 47
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) City Council Regular Meeting 31 October 09, 2023
General Plan specifically says there are no very high fire hazard zones in the city limits, so there is an inconsistency.
Planning Director Murdock stated that they can take a closer look and see if they can incorporate a comparable General Plan exhibit to replace this figure.
Councilmember Boles was in favor of the process and pulling the current submittal and resubmitting and working with the Coastal Commission in the process identified, but she is not comfortable approving this redline version as it is today.
Mayor Bigstyck asked if there were any comments. He then said that he likes that it is apparent that the Coastal Commission’s own word that we are working with them and he likes that the community is going to have a robust opportunity to weigh in on that work and direct Council one way or the other when the time comes. He looks forward to seeing what that work with Coastal Commission staff has looked like so the community can weigh in on it, and will inform whether or not they like what that process looks like or not and hopefully there are recommendations that the community will be able to favor that move us in a positive direction to update the LCLUP.
Mayor pro Tem Vaterlaus moved to adopt the attached resolution: 1) certifying that the Revised Certification Draft LCLUP is intended to be carried out in a manner fully in conformity with the California Coastal Act; 2) directing the City Manager to incorporate 2040 General Plan consistency revisions into the existing Certification Draft LCLUP to form the Revised Certification Draft LCLUP and adopting the Revised Certification Draft LCLUP; 3) approving transmittal of the Revised Certification Draft LCLUP to the California Coastal Commission (CCC) for certification; and 4) finding that approval of the Revised Certification Draft LCLUP is exempt from the California Environmental Quality Act; seconded by Councilmember Beckmeyer.
RESULT: ADOPTED [4 TO 1]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier
NAYS: Boles
ADJOURN
Mayor Bigstyck adjourned the meeting at 11:28 p.m.
Transcribed by Barbara Medina, Public Meeting Stenographer.
Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Tygarjas Bigstyck, Mayor
2.a
Packet Pg. 48
Attachment: Attachment A: Minutes of 10-09-2023 Special and Regular Council Meeting (5515 : Approval of Minutes)
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 Joint Study Session 1 October 16, 2023
SPECIAL MEETING for
JOINT STUDY SESSION CITY COUNCIL AND PLANNING COMMISSION October 16, 2023 (MONDAY)
www.cityofpacifica.org
Mayor Tygarjas Bigstyck called the meeting to order on October 16, 2023 at 7:13 PM 7:00 PM - OPEN JOINT STUDY SESSION OF CITY COUNCIL & PLANNING COMMISSION Call to Order
Mayor Bigstyck called the meeting to order at 7:13 p.m.
Attendee Name Title Status Arrived
Tygarjas Bigstyck Mayor Present
Sue Vaterlaus Mayor pro Tem Absent
Sue Beckmeyer Councilmember Present
Mary Bier Councilmember Remote
Christine Boles Councilmember Present
City Clerk Coffey took a verbal roll call of City Council. She stated that Councilmember Bier is participating remotely pursuant to Government Code Section 54953 which allows remote participation for Just Cause.
Councilmember Bier confirmed she was requesting participation under the Just Cause provision.
City Clerk Coffey asked her to describe the circumstances relating to her need to appear remotely.
Councilmember Bier stated that it is due to a contagious illness that prevents in-person participation.
City Clerk Coffey added that, under AB2449, she was required to identify if any other individuals, 18 years or older, are present in the room at the remote location and identifying the general relationship.
2.b
Packet Pg. 49
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 2 October 16, 2023
Councilmember Bier stated that no one was in the room with her.
City Clerk Coffey added that no vote is required due to her remote participation due to Just Cause and she is required to participate remotely through both audio and video technology and any vote at this meeting will be conducted by a roll call of Council and Planning Commission.
City Clerk Coffey added that Mayor pro Tem Vaterlaus is absent. She then took a verbal roll call of the Planning Commission.
Planning Commissioners Present: Chair Samantha Hauser; Vice Chair David Leal; Commissioners Greg Wright, James Godwin, Alex Ferguson, Daniella Devine, and Lauren Berman.
Staff Present: Yulia Carter, Acting City Manager; Karen Murphy, Asst. City Attorney; Christian Murdock, Planning Director; Brianne Harkousha, Senior Planner; Tara Schiff, Economic Development Manager; Sarah Coffey, City Clerk.
Reading of Land Acknowledgment
Mayor Bigstyck read the Land Acknowledgment.
Salute to the Flag led by Councilmember Beckmeyer
CONSIDERATION
1. Continued joint study session of City Council and Planning Commission to consider and provide direction on the Draft 2023-2031 Housing Element of the General Plan.
PROPOSED ACTION: Receive a presentation and provide direction regarding outstanding items on the Draft 2023-2031 Housing Element of the General Plan.
Planning Director Murdock presented the staff report.
Mayor Bigstyck was amazed at the amount of work that went into this. He asked Planning Director Murdock to introduce all the staff and consultants present who are working on the Housing Element.
Planning Director Murdock introduced Asst. City Attorney Karen Murphy, Acting City Manager Yulia Carter, Sr. Planner Brianne Harkousha, and Good City Co. consultants Sandy Council, Aaron Aknin, Carol Johnson, Sabina Mora, and Nicholas Hamilton (via Zoom).
Councilmember Boles stated she was trying to understand the map and all the different aspects and asked what the sites with white letters represent.
Planning Director Murdock thought it is used to distinguish the sites bolded with the black outline which are the designated lower income capacity sites. He stated that Consultant Council can expand on the explanation if necessary.
Consultant Sandy Council stated that was her understanding.
Planning Director Murdock stated he wasn’t clear that, if in all instances, only the lower income
2.b
Packet Pg. 50
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 3 October 16, 2023
sites have the white lettering. He stated that it is the bold outline of the parcel boundary that will indicate the legend of sites with lower income capacity.
Councilmember Boles anything not circled black would have white numbers, and those are not low income sites.
Planning Director Murdock thought that the black letters are sites with lower income designation.
Councilmember Boles referred to Site 33, the US Bank site. That is all above moderate and, if they build the 14 units, some of those would need to be affordable as part of their inclusionary ordinance and she asked if there is a reason why they aren’t including a few as lower income on that site.
Planning Director Murdock stated, for planning for our lower income levels in the RHNA, HCD discourages the use of below market rate inclusionary zoning and often, such as the case in the sites they have analyzed them in the sites list, are not suitable to be lower income sites in their entirety. They have to demonstrate sufficient capacity for lower income based on the various site parameters such as half acre minimum size, etc. They could pick up pieces that might ultimately count towards lower income housing that is approved and built, but for purposes of demonstrating accommodating the RHNA for planning purposes, they aren’t relying on those in the sites list and that reflects what she is saying.
Councilmember Boles thought they could ask for a certain percentage if a project comes through.
Consultant Council stated that the sites list is a study in the capacity and suitability for each income, but not dictating that will happen. She stated that they can think of it another way, i.e., every time any project comes in, you’re going to get a little low income and that adds to their buffer a little bit. For simplicity of calculating the three categories, you put one of each category for each site.
Planning Director Murdock added that they can count them towards their annual progress report and inclusionary zoning or BMR units that come out of the 15% required share. Those may, in some years, be many, if not most, of the below market rate or lower income units produced and they can count them toward their production and satisfaction of RHNA on the production and approval cycle.
Councilmember Boles referred to AB 2011 projects and asked if there are some in the pipeline but aren’t on their specific list, would the AB 2011 bonuses still apply even though they aren’t specifically listed.
Planning Director Murdock stated that a project that would otherwise qualify under AB 2011 can propose their project to construct pursuant to those allowances, i.e., up to 60 dwelling units per acre. They could count all of those units in their production figures each year in their report.
They are asking, for purposes of demonstrating the RHNA and complying with our obligations in passing HCD’s review, to do the rezoning now that would otherwise be assumed to the density of 60 dwelling units per acre under AB 2011 so they can satisfy HCD’s comment.
Councilmember Boles asked if they are rezoning any pipeline projects already in that area if need be.
2.b
Packet Pg. 51
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 4 October 16, 2023
Planning Director Murdock stated that there are potentially other sites than were initially proposed that could qualify for AB 2011 but they also put them through the filter of the community values they heard in the planning process. They tried to pick AB 2011 sites that would correspond with the planning priorities that our community has provided to them. He stated that there could be other sites not on the list that could qualify for AB 2011, but they haven’t received any AB 2011 applications to date.
Councilmember Boles asked if AB 2011 has to back directly onto Highway 1.
Consultant Council stated the site needs to be on the street that qualifies which is fronting the roadway, which would either be the highway or some other major street.
Councilmember Boles asked, thinking of the area between Rockaway and Vallemar, about the projects they have already approved that are under construction, such as 801 Fassler. She asked if those units in that total 180 or do we have extra capacity we don’t know.
Planning Director Murdock stated that they aren’t included in the Housing Element, given that they have already counted them towards a prior Housing Element period in the annual report.
Councilmember Boles asked if there is an infrastructure issue.
Planning Director Murdock stated that they have accepted those as part of the baseline and to his knowledge the Sewer System Master Plan included all those previously approved pipeline type of projects in its estimations. The capacity they are referring to, to the best of his knowledge, acknowledges everything the city had approved or expected to be imminently approved through the 2021 date in the analysis of that report.
Councilmember Beckmeyer stated she was specifically looking at the RHNA capacity analysis and she asked if they can point her to an inventory of what is included in a specific pipeline.
Planning Director Murdock stated the simple answer is that they have the list but haven’t reproduced it publicly. That will go into the next updated draft released to the public.
Councilmember Beckmeyer understood.
Commissioner Devine referred to them saying that the sites along Highway 1 need to be at the frontage road and asked if that includes the setbacks in the design standards that the Planning Commission has established. She asked if, generally speaking, as projects get proposed for this corridor and they want to attempt to qualify, will their design standards be included in that qualification or be pushed to the side in the need to qualify.
Planning Director Murdock stated he would say, if you are interested in retaining as much control as you can, doing the rezoning they have proposed is the better way to do that. If a project qualifies under AB 2011, they will be able to avail themselves of the allowances of that state law and not necessarily be required to comply with all the lawful zoning provisions. He added that there are other hoops they need to jump through under AB 2011 that a developer, given both options, may choose to do the local process, in which case we would retain a greater amount of local control. The maximum amount of control that the city can reserve would be preserved by doing the proposed rezoning rather than an AB 2011 project if one were to qualify.
2.b
Packet Pg. 52
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 5 October 16, 2023
Councilmember Bier asked if it was still possible to have a discussion about the Sea Bowl site, considering the public comments they received.
Mayor Bigstyck responded affirmatively.
Commissioner Wright would appreciate if staff could speak to how they addressed the community’s concern about traffic.
Planning Director Murdock stated that they are well aware of the traffic issues that are experienced on Highway 1 through the Fassler and Reina del Mar corridor, and that line of thinking would weigh in favor of trying to put all of the new Housing Element sites north of that location to try to minimize new vehicle trips through the central part of town that fairly will have the potential to contribute to increased congestion at some point in time. However, there are other requirements of the Housing Element process that make it impractical, if not impossible, to do that type of concentration, not least of which is our obligation to avoid over concentration of lower income units and to encourage opportunities to locate lower income and moderate income housing in areas of high opportunity, which include areas in the central and southern parts of our community. They would run afoul of other imperatives in state law and the HCD review process if they were to try to push all the units to the northern part of town which has some of the greatest indicators for disadvantaged, disabled residents in areas where additional housing opportunities for people in those communities are needed. They do not have the ability to move all the housing units north of Reina del Mar Avenue to avoid potential traffic concerns and the sites list they prepared reflects that balancing act.
Commissioner Wright stated that Planning Director Murdock had suggested that they were trying a different approach in a number of other considerations to resubmit, and he assumes that he did that with the help of the consultants. He asked if they have past experience in this new approach and is it typically successful.
Planning Director Murdock asked if he is referring to the 100% non-residential policy.
Commissioner Wright responded affirmatively.
Consultant Aaron Aknin stated that everything this round is a new experience with HCD because some of their comments changed as the rounds changed. In general, the more you can point to developments that have actually happened here in Pacifica, as well as in the north peninsula area, where there have been mixed use developments that have been approved, developed and are making money now and are out there from a market standpoint, the more successful you’ll be. He thought their approach, pointing to the fact that developments have happened and they are increasing density which increases the market incentive to build, will be a successful approach overall. Nonetheless, HCD could come back and want more information and data.
Commissioner Wright stated they were adding Site G and he was wondering what feedback they had from the owner of that property.
Planning Director Murdock thought he was referring to site G. That site is owned by the State of California. They have not had specific conversations with them about the site at this time, but there was direction given, including the governor’s executive orders, looking to maximize opportunities for housing development on excess state land. There is a precedent for having those kinds of conversations with the state and they will do if it ends up in the site list to push
2.b
Packet Pg. 53
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 6 October 16, 2023
forward on aligning a project to be undertaken.
Commissioner Wright stated thanked them for their tremendous amount of work.
Councilmember Boles asked about the work the Planning Commission had done on objective design standards, which would be incorporated as part of the Phase 1 rezoning. She asked when that happens.
Planning Director Murdock stated that there are a couple parts to the explanation: One, there was an attempt with some of the figures in Appendix F of the draft Housing Element to at least include some polygons around some of the sites to identify the subareas of the bigger parcels that are intended to be the Housing Element sites. They may have an opportunity to add more of those polygons to the initial draft Housing Element adoption. He stated, immediately following the Housing Element adoption, the Phase 1 rezoning is intended to incorporate the required rezoning to accommodate the RHNA. The theory in the process has been to try to front load six key objective development standards in that Phase 1 rezoning so at least there is a basic framework for development, were it to come in between that completion of the Phase 1 rezoning and the much longer extensive Phase 2 objective standards development process, which is going to take a year or more to work through in the type of detail needed to have a successful process. He did not think it is likely that they will get those six subjective development standards in the Housing Element adoption but they hopefully will be part of the Phase 1 rezoning. That is still a work in progress and the three meetings Planning Commission has had thus far have not completed that work, even for six basic objective development standards. They have heard all the good ideas they have but have not yet synthesized that as well as the realities of that input. Ultimately, they need to allow the density identified in the Housing Element sites list to be constructed. If heights are too low or setbacks are too substantial, it may be that they cannot clearly demonstrate that the sites can accommodate that density and they need to change those objective development standards.
Councilmember Boles referred to the question about percent commercial. Because they are not giving any numbers now, she asked if doing 100 square foot commercial would satisfy what they are asking for in the Housing Element they are submitting, until those objective design standards get further fleshed out.
Planning Director Murdock stated that could be the case. The interim period between Housing Element adoption and Phase 1 rezoning is a risk and unfortunately there is not a practical way to head that off.
Chair Hauser stated that all the sites on the Housing Element that are in the core got rezoned and she thought that the buffer sites on the Housing Element also got rezoned. She asked if that is incorrect.
Planning Director Murdock stated a significant share of the buffer sites also require rezoning.
Chair Hauser concluded that any site that is on the list, core or buffer, will get rezoned with the Phase 1 rezoning.
Planning Director Murdock stated that is mostly true, as there are very few sites that meet all the various criteria while also having the existing capacity. He stated that there are a few, but it is the great minority.
2.b
Packet Pg. 54
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 7 October 16, 2023
Chair Hauser stated that answers her question.
Mayor Bigstyck thought they will go through one by one when they get to deliberation.
Commissioner Devine was noticing a lot of literature from other cities about local hiring policies and she asked if they will get into that later.
Asst. City Attorney Murphy stated that, at this point, she didn’t believe there was anything in the Housing Element on local hire policies that would impact the sites and that may be an issue for further discussion.
Commissioner Devine stated that all the cities had one thing in common, i.e., the local hiring, and she thought it was relevant to this meeting.
Planning Director Murdock stated that it may be a relevant policy discussion, and he wanted to communicate that they have structured the study session to be policy direction on responses to HCD comments. Since local hiring was not in the previous draft, there is no comment from HCD on it. If there is a desire to have this policy discussion, he would ask to do it in a different study so they can prepare, analyze, and offer any options for Commission and Council.
Chair Hauser stated one of the items they were given at this time was a request from the community to add an additional site, but she asked if they were past the point where they can do that because the CEQA report is underway.
Planning Director Murdock stated that, in response to HCD’s comments, they have had to pause the EIR process for the Phase 1 rezonings. There is an opportunity to add sites or modify the sites list, given the relatively meaningful changes that HCD asked for that would affect densities as well seeking confirmation from the decision makers about ongoing inclusion of certain sites.
Councilmember Beckmeyer asked about a hard copy document provided to them.
City Clerk Coffey stated that the document was provided by one of the persons who submitted a yellow speaker card for public comment.
Commissioner Devine stated the document was related to her question on local hiring policy.
Commissioner Wright asked about the order of public comment on the agenda.
Mayor Bigstyck wanted to be sure questions were covered before he goes to public comment, to the satisfaction of the panel before they move on. Not seeing any questions, he opened public comments.
Kirk Miller, Pacifica, stated he is an architect, planner, project manager for Rockaway Highlands between Fassler and Reina del Mar. He thanked them for putting a portion of their site, No. 38, in the Housing Element and shared his thoughts on several sites.
Jaime Vasquez, Pacifica, stated he is a representative from the North County Carpenters, Local 217, and he shared his thoughts on implementation of labor standards in the Housing Element, hoping Pacifica will be on the same page with other cities.
2.b
Packet Pg. 55
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 8 October 16, 2023
Ken Miles, Pacifica, shared his thoughts and concerns on several sites.
Sue Digre, Pacifica, stated our community is very active and vocal about everything, and shared her thoughts and concerns on the process for affordable housing.
Remi Tan, Pacifica, stated appreciated all the hard work on this, and shared his thoughts on the Housing Element issues in addition to thoughts on the need for hotels and their contribution to city income, as well as traffic issues.
Rob Connolly, Pacifica, stated he is representing Toll Brothers. He addressed his company’s pre-application to Pacifica for a residential project at the Sea Bowl site and requested they add the site back to the Housing Element.
Mayor Bigstyck closed public comments. He then referred to former Councilmember Digre’s points and asked that our community to send ideas to our representatives, State Senator Josh Becker and Assemblymember Marc Berman; both have expressed frustrations that they are having trouble with their colleagues in trying to find solutions that might be beneficial to us locally and they would welcome any suggestions that might help them further that conversation in Sacramento. He asked if there were any questions.
Chair Hauser referred to the commenter speaking about the Rockaway Highland project and asked if this is in the same sanitary sewer catchment area that they were looking at before.
Planning Director Murdock responded affirmatively.
Chair Hauser asked how many units are currently on Site 38.
Planning Director Murdock confirmed 61.
Chair Hauser asked if the request for an increase 119 units in the catchment area is counterproductive to what they talked about in light of policy B.3.9.
Planning Director Murdock thought it was probably best not to add more units to this catchment area for Housing Element purposes. If there was a strong desire to add a particular site, he thought the best thing from his perspective is to see if there is a corresponding site that could be removed or reduced in density. He stated that the last option would be to add it as a buffer surplus site so it is not a core RHNA site. He stated that the same swap thought process could apply to the core RHNA sites but they wouldn’t want to go over the 180 units they have analyzed for wastewater capacity in that catchment area at this time.
Chair Hauser asked, if they are rezoning all of them, what the practical reason was.
Planning Director Murdock stated that, in the first instance, it’s showing HCD where the sites are that have gone through the most rigorous analysis for accommodating the RHNA. If they had additional sites that don’t meet all the criteria, outside of infrastructure constraints, in terms of building age, site coverage, FAR, it is their perspective that they are not going to be held to the same standard in our analytical review for those sites with HCD as they will be for the core RHNA sites.
Chair Hauser concluded that functionally they are all rezoned.
2.b
Packet Pg. 56
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 9 October 16, 2023
Planning Director Murdock agreed, stating the outcome is going to be the same in terms of the rezoning process. For purposes of complying with the Housing Element requirements and HCD certification, they are putting more analytical effort into the core RHNA sites.
Councilmember Boles asked if he can confirm the ownership of sites 10 and 11.
Planning Director Murdock stated that both those sites are in private ownership.
Councilmember Boles concluded that none of them are likely to develop to all lower income.
Planning Director Murdock stated it was hard to say.
Councilmember Boles asked if sites 12, 34, and 35 were also in private ownership.
Planning Director Murdock responded affirmatively.
Mayor Bigstyck stated, if no further questions, they can go through the items one by one.
Chair Hauser stated last time they had B.3.1 and B.3.2.B left and they had mostly discussed B.3.9. She thought B.3.2.C was the last one.
Planning Director Murdock agreed, stating that their hope was to close out the program comment, and spend as much time as Council and Commission needs on sites. He confirmed the guidance of the two-part change in response, with the first part showing all the various mixed use sites that have developed. The minority of projects in recent past have been all commercial so they have a number of good examples from their perspective to show where mixed use development is actually occurring, even when 100% commercial projects would be allowable, supplementing that with the additional economic incentive given our market where residential is more valuable than commercial in most cases. He stated part 2 is ensuring the General Plan and zoning require mixed use, not simply allow it. He stated included in there is to refine those objective development standards and ensure the right amount of commercial in the right locations, trying to effectuate as much of that very detailed Planning Commission input they received so far while trying to balance achieving the density they need.
Mayor Bigstyck suggested that he and Chair Hauser scan for initial questions.
Councilmember Boles stated that, when he said clarify the zoning designations for mixed use will require commercial and residential, there is still a commercial requirement and people can’t go 100% residential in these sites.
Planning Director Murdock stated that they cannot in the revised proposal.
Commissioner Ferguson appreciated staff’s efforts on this as this was exactly the compromise and concession he was looking for.
Chair Hauser agreed and she feels that staff really listened and came up with a very creative and thoughtful way of doing that. She asked if the commercial specifications that the Planning Commission discussed would potentially be guiding these, pending the discussion Planning Director Murdock alluded to about needing to take all of Planning Commission’s feedback and analyze it.
2.b
Packet Pg. 57
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 10 October 16, 2023
Planning Director Murdock agreed.
Chair Hauser thanked him.
Mayor Bigstyck echoed the sentiments of Chair Hauser and Commissioner Ferguson.
Councilmember Beckmeyer thanked the Planning Commissioners for their advice. She stated that the careful deliberation they undertake in meetings they have been involved in and the work they have done is much appreciated.
Planning Director Murdock stated that, on the next item, they do not need any specific policy questions answered as there are a lot of changes in response to HCD’s comments, improvements, refinements, incorporating input from the decision makers; it is a global question about the sites list and the types of sites. He stated that they can work through it or answer more questions about the specific changes or they can leave it as a placeholder and come back to it if some other more particular questions bring them back to this point.
Commissioner Wright sees 121 units giving them 2.8% of their low income housing and 1,505 units giving them 78%. He asked if that was about the same proportion.
Planning Director Murdock did not think so, and he thought they will get a lot more 100% lower income sites in the rezoning program at the densities that are needed for that.
Chair Hauser suggested they start with the easy ones and end with the one on the screen.
Mayor Bigstyck agreed.
Planning Director Murdock gave a brief recap on AB 2011.
Commissioner Ferguson asked if there are any they departed significantly from the 60 units per acre when they were doing objective design standards.
Chair Hauser stated that the 60 has not changed from what they reviewed.
Commissioner Ferguson understood the question and was wondering if, when they went through the sites, whether there were any they lowered from 60. If not, he sees no issue.
Planning Director Murdock stated Pacific Manor Shopping Center is one example, site 27; that is a site with a polygon, and very particular feedback was given about the interface along Palmetto Avenue and Bill Drake Way.
Commissioner Devine asked what the density was changed to or recommended for that site.
Planning Director Murdock did not recall a density change or number of unit recommendation change, but there was a suggestion to expand the polygon further south and to incorporate some corner commercial and questions about minimum commercial depth, that built-in interface with Palmetto, given the business of the street with children and pedestrians.
Commissioner Ferguson thought, if they allowed 60 units per acre, that does not pertain just to the polygon areas where they described but for the acres of the whole site.
2.b
Packet Pg. 58
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 11 October 16, 2023
Chair Hauser stated it was just in the polygon. She stated, for clarification, everywhere that 60 is shown on the AB 2011 listed sites, 60 was shown on the sites that they reviewed in the polygons or outside where there were no polygons. She asked, if not mistaken, whether Planning Director Murdock was saying that there were conversations about objective design standards that were had that could potentially require reexamination as they may not allow us to achieve the 60.
Planning Director Murdock stated that there was a very small share of the overall sites where the Planning Commission said they were not sure about the density or number of units. He did not recall this being one of those sites.
Mayor Bigstyck asked if there was anyone who feels they should not go this route.
Chair Hauser thought they were all for this route. She stated Pacifica has a 35-foot height limit through most of the city so there is nowhere that 60 units will happen, not just on the highway, but in referring to Commissioner Devine’s comment about setbacks and development standards, she thought this is a better path forward.
Commissioner Devine agreed. After all the work that has been done to contribute to development standards, it would be a shame to have to completely let go of any sort of control in that nature and she was in favor of moving forward in this direction.
Councilmember Beckmeyer stated, from her point of view, she is hearing the work Planning Commission put in; thinking of the public comment about listening to our community, incorporating the needs of our community, in her view that is what the Planning Commissioners are doing to the very best of their ability in light of the constraints that have been placed upon us. She appreciated their hard work to do that and give us as much local control as possible.
Mayor Bigstyck agreed.
Planning Director Murdock referred to comment B.3.9, Rockaway Sewer Pump Station, and stated they made some progress to remove sites 26 and 36 from the list at the last study session. They have made progress with their wastewater team’s consultant and confirmed that they projected the I & I reductions from the sewer main replacements in Rockaway Beach and Vallemar neighborhoods would be sufficient to create that corresponding capacity for the 179 units specifically for the core RHNA sites in this location. He stated the question is if there are further modifications, any site switches or replacements or density changes that would be needed due to infrastructure capacity constraints or generally back to the earlier global sites list.
Councilmember Bier thought it was important to talk about the Sea Bowl site. After reading the public comments carefully, she feels that, on the night they talked about it, she did not think they had enough time for conversation. She thought, if they can have that conversation at this time, she would appreciate it as she has more information now than she did then.
Mayor Bigstyck thought that was the interest she expressed earlier and he thought now was the time to follow through on that interest.
Planning Director Murdock stated, before they proceed, they need to have a disclosure about a potential conflict of interest with Commissioner Devine.
Mayor Bigstyck asked if they need to have her declare what the conflict of interest is.
2.b
Packet Pg. 59
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 12 October 16, 2023
Commissioner Devine stated she owns real property in Rockaway Beach neighborhood and is unable to participate in the discussion of the Sea Bowl site. Commissioner Devine left the room.
Councilmember Bier recognized the desire to zone it so there is some recreational value to the site, but she was concerned with the letters they received from the owner of the property and the attorneys for the Toll Brothers who wrote the second letter. She also wanted to hear from her colleagues what they think about that, such as what could they do outside of what the owner would like to do. She asked what they are trying to achieve specifically by taking it out.
Chair Hauser thought that when Planning Commission discussed this site at their first meeting, there were several main points of topic: they all felt that this was an appropriate place for housing if there was a similar amount of neighborhood serving commercial space preserved on the site, additionally supported by the city’s Kosmont study that identified this as an important place to help bolster and corroborate the economics of Pacifica. They also spoke about how this was one of the places of all the sites they reviewed that they could easily see height without disturbing a lot of people and they talked about 55-foot height limits and how it would be a great site for affordable housing. One thing seemed to become clear to her is that this is a great site for mixed use that includes housing and the city’s preservation of discretion is an important way to facilitate the best product type. She concurs with the idea that the property owner does not have to sell this to a rock climbing gym or another bowling alley, but there are plenty of residential developers that build residential development and commercial spaces. She thinks the city deserves something that caters to people who need lower income housing, people who need neighborhood serving indoor commercial spaces, and a place that really provides indoor neighborhood serving commercial to Pacificans.
Councilmember Bier understands that and admires Chair Hauser’s ability to be able to see in such a wide view, but her concern is what they can do in reality. She felt what she said was great but, after reading the public comments and the letters that came in, she was concerned that if they take it out of the Housing Element what could they do.
Commissioner Berman agreed with Chair Hauser’s summarization of their initial discussion on this site. When they had that discussion, she thought this was an appropriate site for housing and they discussed how they could apply as many objective standards to the site to help guide the development. She was wondering if that could be the solution or will they run around in a circle and not get anywhere. She is trying to define as much criteria for development on the site to ensure that they have that visitor serving commercial that they would like.
Commissioner Wright thinks Chair Hauser and former Chair Berman put it very well, as they were very much in complete agreement on this one particular site and they made a lot of compromises in terms of offering height in order to preserve that commercial space. He thinks what they decided in terms of setting up some guidelines is important.
Commissioner Berman stated, if this site were removed from the Housing Element, it doesn’t mean that there can’t be housing built on it. She wants to be sure that is understood by everyone. She thinks it is beneficial to have it in the Housing Element as it gives more incentive to develop here. This is one of the largest sites in our city and a good opportunity for mixed use development, but to be clear, if it isn’t in the Housing Element, there could still be housing built there.
Planning Director Murdock thought he should provide some background. He agrees with
2.b
Packet Pg. 60
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 13 October 16, 2023
Commissioner Berman, but that would require, under the normal land use planning process, a General Plan amendment and rezoning. The site in the current General Plan does not allow residential development. He stated that there are some caveats to this explanation that aren’t appropriate to get into more detail about at this time in terms of the particular application being submitted for the site. They could undercut or change some of the explanation but, under the normal process, the developer would need to make the application and convince the Council that a General Plan amendment and rezoning is appropriate and that could often occur through a conversation, discussion, or negotiation with the city to ensure they have structured a project that looks like it meets the community’s needs in an appropriate amount of housing and appropriate amount and type of commercial development. He stated that putting it in the Housing Element, similar to the AB 2011 discussion, would probably cause the city to lose some of that negotiating power or ability to influence with local control the ultimate outcome of the site.
He stated that they can’t control some of the provisions of state law that might bypass that local process but, if they are interested in setting up the best local control process for the site, leaving it out of the Housing Element probably is the best way for them to do that at this point in time until it is more clear about what the community’s, Council’s, and Planning Commission’s ultimate desires are for the site. He added that to put this in the Housing Element and commit to doing a rezoning and General Plan amendment that would allow housing now would just advance that process closer to them being able to get approval for a project at some point, possibly before they have the time to do the more particular Phase 2 objective standards development.
Councilmember Boles thought it doesn’t include any commercial now.
Planning Director Murdock stated that was his understanding, and depending on how you look at the site, one could argue that it would be mixed use, given that the Pacifica Brewery is there.
There are varying perspectives on that point, but the specific development proposal, to his knowledge, would not include commercial use so that is a policy decision ultimately for the Council and Planning Commission.
Councilmember Boles asked if the Pacifica Brewery is a separate parcel.
Planning Director Murdock stated that it is, but he is saying that if they look at the functional site, one could argue that the Sea Bowl site has commercial use on it.
Councilmember Bier thanked Commissioner Berman as she appreciated how she explained that. She wants to make sure they are able to have relationships with these developers so when it does come time, they can actually talk about community benefits with them and that is not going to just be out of their control totally. She wanted to make sure they are creating an atmosphere where they can have a relationship with them.
Commissioner Berman agreed.
Councilmember Boles also agreed. The Sea Bowl building is probably going away with the development, and they have to recognize that. She agrees that this is a site zoned commercial recreation and it is an important need in our community. The more control they can keep to have those conversations and have a more important seat at the table would be important.
Commissioner Ferguson is struggling with the way that this is being framed. He thinks this is a site that is currently zoned for no residential and they spent a lot of time and did a lot of thoughtful deliberation on how to allow residential as a concession to this property owner and to achieve a goal. He stated that the project he has seen come from public comment doesn’t do
2.b
Packet Pg. 61
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 14 October 16, 2023
that much to advance our RHNA needs and it takes away all of the thoughtful discussion they did and it is contrary to what any constituent in Pacifica would want from them. He thought they have talked about a lot of concessions already and, for the question to have everything and no commercial, he doesn’t understand the purpose of what they did in allowing mixed use developments, saying they have to have commercial and residential. He stated that this is the exact case study they are talking about.
Asst. City Attorney Murphy wanted to add and confirm in the record that they aren’t considering any specific proposal here or any application, but the question is whether they want to add the site back to the Housing Element to include any residential component in there.
Commissioner Ferguson thought this site is in the area that feeds into the Rockaway Beach pump station and they were looking for areas to remove from the list in that area anyway. As a group, they decided that this was a good one to remove, given the number of units and the capacity issue.
Mayor Bigstyck thought the direction they have given largely comports with their understanding, the public understanding, and the economic study. He was swayed by the sentiments conveyed by the letters they received, but he doesn’t understand why the developer could not help them with the need of our community while simultaneously following through on their desire. He thought, given the scope of what the developer seems poised to accomplish, it seems like they should be able to accommodate all needs.
Commissioner Ferguson added that he saw no compromise in their proposal.
Mayor Bigstyck stated that, as the City Attorney pointed out, the proposal is not something they are considering at this juncture.
Commissioner Godwin wanted to add his comments that he supports Commissioner Ferguson’s position that he doesn’t see any reason to re-discuss this issue at this point.
Councilmember Bier wanted to make it clear that she understands the community’s need for recreation and commercial space, but she also wanted to make sure that those who sent in their letters, i.e. owners of the Pacifica Brewery and property owners, were heard tonight as any other public comment would be. She appreciated the conversation.
Mayor Bigstyck thanked her for bringing the feedback to the floor.
Chair Hauser thought it would be great to see the sites in the catchment area again.
Mayor Bigstyck called a recess. Commissioner Berman exited the meeting at 9:06 pm.
Mayor Bigstyck reconvened the meeting.
Commissioner Devine returned to the meeting from recusal.
Chair Hauser wondered if this would be the appropriate time to speak about the Rockaway Highlands project and the surplus buffer sites on the list. She stated it was site 38. She added that they were able to come up with development standards for site 35, but not site 34. She stated that they were able to come up the Rock across the lane at Vallemar Station, and she thought their core conversation centered around how they would access this site without having
2.b
Packet Pg. 62
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 15 October 16, 2023
a safety issue.
Councilmember Boles asked if site 34 under multiple ownerships.
Planning Director Murdock thought the site is owned by one controlling property owner.
Councilmember Boles stated site 38 is not currently an HPD in the General Plan. She knows the General Plan was going to include other sites that were steeper, 30% or 35% slopes. She wondered if they have any information.
Chair Hauser stated, if they add this site, her assumption would be that Planning Director Murdock would ask the Planning Commission to come up with development standards, like the same six objective standards for any added sites.
Planning Director Murdock stated, time permitting, he agreed. They are contemplating a process where they take this feedback and prepare an updated draft and work that through the adoption process. It may be in conjunction with that process that they might be talking about that site.
Chair Hauser stated that the only reason she asked that question is because there were a couple of other sites close to Pavilion of Flowers that also had grading issues where they did look at height limits that were potentially more telescoping to comport more with the natural grading.
Councilmember Boles stated that, looking at what they provided, there were setbacks. She would want those standards to be looked at very carefully before committing.
Commissioner Ferguson asked, if someone was to propose a development that is currently two separate parcels but one of them is in the Housing Element and they were proposing combining them into one parcel, whether it would fall under the core RHNA sites or a separate hybrid. If there will be a site where part of the parcel is in a RHNA site and part of it is not, and if they are combined to create one application, will they fall under the RHNA guidelines and objective standards they have set up.
Mayor Bigstyck added, if they were to add these other parts, would that become a site 39 under surplus rather than an add-on to 38 core.
Asst. City Attorney Murphy stated, in order to answer the question, if an application comes in that includes two different parcels, one that is a RHNA site and has specific zoning assigned to it and another parcel that has different zoning assigned to it, it would be analyzed based on the zoning of the various components of the project. She stated each component of the site would be analyzed separately with respect to the zoning all as part of one application. She stated that, if there are two portions of a site and one portion is core RHNA, it doesn’t become core RHNA but still retains its underlining zoning General Plan designation.
Planning Director Murdock circled back to Councilmember Boles’ point about the General Plan and areas proposed for Hillside Preservation District. He does not see site 38 extension as being proposed as one of the new HPD designations. He stated that the Council does not need it to be in the General Plan as such to add a site to the HPD, but it is not currently identified in the General Plan for that purpose. He then circled back to a point made earlier by Commissioner Berman, i.e., a site need not be in the Housing Element for housing to potentially
2.b
Packet Pg. 63
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 16 October 16, 2023
be constructed and it is all the more true with respect to site 38 adjunct or addition. That parcel is already designated low density residential in the General Plan and some amount of housing could already go there. It is unclear what the density would need to be increased to in order to potentially accommodate this project and if it is something Council and Commission are interested in entertaining at this point in time.
Councilmember Beckmeyer asked if this is in a catchment area.
Planning Director Murdock stated that it is. He stated that, if there was a desire to add it, while his first preference is not to add more sites to the catchment area, the second preference would be swapping a site for another and the third would be adding it but as a buffer site only.
Chair Hauser stated, if they add this to surplus and replaced site 34, Vallemar Station site, and if they are sticking to the 180 units, they could also take off the Rock at site 35. She thinks that feels better to her, but she hasn’t analyzed it.
Councilmember Boles had an issue with the Rock site as well, as that is also recreation or visitor serving commercial. That is a great place for a restaurant and that could bring some money in, and she was open to that. She was also thinking that their drawing also has a possible building on the church property and she appreciated that they are talking to the church, and now that SB 4 has passed that allowed affordable housing on church property, that could also potentially be added into the fifth project.
Commissioner Devine didn’t know if it was possible to make those changes, but that feels better to her as well. She had a problem with site 34 as it seems completely unreasonable. She has voiced her frustration on this in the past, as it is a massive safety problem. She cannot visualize a development which would make sense there, but she understands the need to figure out a way to replace those units in some shape or form. She stated that, if it looks like extending site 38, that looks better with this turnaround and proposed conceptual site plan.
Mayor Bigstyck asked if it is possible to break it up into two sites, i.e., the other two parcels that aren’t currently included, and calling it site 39.
Planning Director Murdock believed it would be possible.
Mayor Bigstyck stated that, if they are swapping out surplus for surplus, he would think that would be the easiest way to go about it (keep 38 as core and surplus as 39).
Commissioner Ferguson thought that was where they were going too, and it was his suggestion also, i.e., a new site and remove site 34.
Councilmember Boles thought anything there will need CEQA review.
Chair Hauser confirmed that all the sites on there, including any that they add, need CEQA.
Councilmember Boles asked if the units work out.
Commissioner Wright would like staff to address one potential concern of his in thinking about this. He understands they had concerns with the Vallemar Station, and the advantage of Sea Bowl is that there was a light there to control the flow of traffic, so it eliminated part of the traffic concern. He sees in the diagram that there is a nice deceleration lane for exiting the highway to
2.b
Packet Pg. 64
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 17 October 16, 2023
get into the unit but he had the same safety concern about how they are going to enter the highway, particularly at peak traffic times. He was wondering if staff’s opinion is that we could handle that in a safe way.
Planning Director Murdock wasn’t sure he could offer an opinion about that level of traffic design as this point. He stated that people access those sites to the south of Vallemar Station from the south. Access can be provided safely but the degree to which it might cause congestion or delay, he doesn’t know.
Commissioner Wright asked if he sees any noticeable difference between this site and the sites that they expressed concerns from a safety perspective.
Planning Director Murdock stated that his sense was that moving the site away from the intersection probably reduces some of the congestion and vehicle conflicts that might arise, but that is a preliminary, non-traffic engineer opinion. He thought pulling it away from that very busy congested intersection might be a benefit.
Commissioner Wright stated that, other than that, he was completely in concurrence with the rest of the consensus.
Chair Hauser thought the site has a bigger frontage and more acreage; the configuration of the property lines alone, without looking at the site plan, provides for a better opportunity than Vallemar Station. She asked if losing 10 units in the buffer would be okay.
Planning Director Murdock stated it was not clear that they will get a comparable number of units overall by swapping two sites for the one in question, but it does reduce the impact of removing one or both of those sites. He stated that, if they were to remove one and not two, that would be easier in terms of numbers, but they think they can probably make it work. They would yield 73 units if 60 units per acre were to be applied to this new site.
Vice Chair Leal stated his comment is around access to the sites 34 and 39. He stated that access will be tough and it will be something they have to consider for any project on any of these sites around Highway 1 and Fassler. He wanted them to consider access and challenging sites. He thinks Vallemar Station is better accessible than this site, but he would suggest removing site 34 and replacement of this for other considerations.
Planning Director Murdock stated that there was one other variation brought up by the public commenter: to consider the Lutheran Church site as well and perhaps a polygon for a subset of that giving them some additional acreage. The development concepts are already somewhat evolving in that way and it would minimize potential unit losses, even to the buffer units which are important. Having more area to work with and a broad guidance along that line would give them some additional units they could try to offset with that trade.
Chair Hauser stated, for clarification, she was including the church property in site 39 as well thus including all three parcels in the polygon, one being 38 and two being the new 39.
Planning Director Murdock understood.
Chair Hauser asked if they all agree with that change.
Councilmember Boles asked if that gives them enough units to take out both of those sites and
2.b
Packet Pg. 65
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 18 October 16, 2023
both of the other sites were all affordable units but the developer said that is not his intention.
Planning Director Murdock stated that they would need some more time to try to do that calculation. The site is big enough in terms acreage at the church site and even with half of that site, at the upper half, he thought they could probably get very close, if not equivalent, in the number of units and try to match the income levels as closely as possible.
Mayor Bigstyck wanted to point out that they are talking about surplus buffer sites. He was willing to go along with consensus assuming the lack of loss from staff’s side.
Chair Hauser asked what if they left site 35 to staff’s discretion and if they need it, then they could make that assertion.
Councilmember Boles suggested that reducing some of the units and leaving some commercial space.
Chair Hauser asked if the 32 units on site 35 is based on the current zoning.
Planning Director Murdock stated that site 35 is a unique site and there is zoning there that requires a public vote to rezone. They have assumed the site under the current zoning without a public vote and that is limited to the 21.8 units per acre. It is artificially lower density than they might otherwise contemplate for the site. He stated that very issue adds some complexity and, if they are adding another site where they could potentially make up those units, his first preference would be to try to find a way to remove site 35 just to simplify the access concerns, commercial preferences, etc., If they just come up short during their other calculations, maybe they would keep a nominal number of units on the site.
Mayor Bigstyck agreed to leave it at the direction of the director.
Chair Hauser asked if they adequately removed units from the pump station area.
Planning Director Murdock stated that the net number is the same and they would all be buffer sites and he thinks, analytically, they would be in a good position as well.
Chair Hauser asked if they have appropriately reached 180 units in the area.
Planning Director Murdock stated that is correct. If they leave site 38 alone without changing it, they would have sites 10, 11 and 38 as the core RHNA units with 179 total. They have analyzed capacity with the sewer main capital project and no need for any change there from staff’s perspective.
Commissioner Devine thinks it is a more than fair compromise and she thanked Kirk Miller.
Chair Hauser stated there were no changes to the core RHNA numbers (sites 10, 11 and 38).
Of the surplus buffer sites, site 12 is staying, site 34 is coming off, and site 35 will be at the discretion of Planning Director Murdock if they need it. They are adding two parcels behind and adjacent to site 38, and those will be the new site 39 in the surplus site list.
Councilmember Bier understood.
Planning Director Murdock stated that leaves them with the overall sites list topic. He stated
2.b
Packet Pg. 66
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 19 October 16, 2023
that, in the restructuring the prioritization of the sites of core RHNA versus buffer surplus, much thought has gone into that for various criteria that HCD applies to analyze the Housing Element sites inventory.
Councilmember Boles referred to site 23.
Mayor Bigstyck asked if they were talking about Sanchez Art Center.
Councilmember Beckmeyer stated that she will need to recuse herself because she owns real property in the vicinity of site 23. Councilmember Beckmeyer left the room.
Councilmember Boles asked why they think it is best for it to be a buffer site instead of a core site. Sites that the city owns are easier and more likely to be developed for affordable housing and this is our biggest one.
Planning Director Murdock stated it does have some potential challenges to future redevelopment, in part trying to preserve an equivalent amount of community art space, integration with the sports field, etc. He thinks it may be best as a buffer site, but there is nothing clear and convincing as to why it should not be. He stated that, similar to one of the other sites (site 37), site 23 is zoned agriculture and would be on par with other discussion about farmworker housing and that would be the priority use for the site. To have different housing would require a vote of the people to rezone the site.
Mayor Bigstyck asked if developing site 23 would have to go to a vote of the people.
Planning Director Murdock stated not developing it but to rezone it to something other than agriculture, to have a housing type other than farmworker housing. Anything more than one unit would require that public vote.
Councilmember Boles thought there was a much greater need for affordable housing that is broader than farmworker housing. It would be her preference to have that available for more portions of the community.
Planning Director Murdock stated that would be an argument in favor of keeping it as a buffer site because of the potential voter approval constraint related to rezoning it to some other housing type. If they were inclined to consider it as a farmworker housing site, a transition to core RHNA might be more sensible; to think about a different housing type, we should keep it as a buffer site.
Mayor Bigstyck asked, if moved to a core site, would it have to go through SLA immediately.
Planning Director Murdock stated, with all the public sites that are indicated in the report, they are committing to a program to aggressively undertake the Surplus Land Act process.
Mayor Bigstyck asked if it was inclusive of buffer zone sites.
Planning Director Murdock stated we have a city owned site program that is irrespective of the core RHNA or buffer surplus.
Commissioner Ferguson was curious if developing it as deed-restricted farmworker housing would require any vote, even if the agricultural practices weren’t happening on site. As the land
2.b
Packet Pg. 67
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 20 October 16, 2023
is zoned agricultural, he asked if it includes some kind of housing for agricultural purposes, even if there are no agriculture happening on site.
Asst. City Attorney Murphy stated that would not require a vote of the people. Any property zoned could be used for housing, but it would have to be used for farmworker housing. Her understanding is that there are two sites that have that constraint, one of the sites in the core RHNA and one included as a buffer.
Planning Director Murdock stated that the other one is an existing capacity site on that basis and associated with St. Peter Church.
Chair Hauser stated asked, if they go through an SLA process and get a developer that is going to do market rate housing at 25% below market rate which is the minimum, do they have to sell to them.
Asst. City Attorney Murphy stated that it depends on what is put in the notice of availability in terms of what sort of project we want, assuming that HCD approves the form of notice. If there is a project that is proposed, they have to engage in good faith negotiations with the developer.
Chair Hauser asked, if they say they want 75% deed-restricted affordable farmworker housing and 25% above market rate with a ground floor community space, and then no one showed up for that except a market rate developer to do the 25%, that wouldn’t meet the criteria of the notice.
Asst. City Attorney Murphy stated one thing to keep in mind is that there are some exceptions to the Surplus Land Act for certain levels of affordability. If it really is intended for the city to work with the developer to develop an affordable housing complex, with that level of affordability, they may not need to go through the full notice of availability process. There are various exceptions that they would have to look at all on a case-by-case basis. She stated that, if no one responds to the notice, the city can develop outside of the SLA process but still with the deed restrictions.
Commissioner Wright asked, if that was the case, would it endanger our ability to maintain the art space, soccer field, etc.
Asst. City Attorney Murphy stated that there are ways to protect that, such as through the form of the notice and what portion of the site would be available to develop. Those would all be things that the city would consider as we go through the process.
Commissioner Wright stated that the Planning Commission went through extensive work looking at that particular site, outlining exactly what it was that we would like to see.
Asst. City Attorney Murphy understood those are things we will need to consider as we go through the Surplus Land Act process. She added that we don’t need to include the entirety of the parcel and can be a portion of a parcel.
Chair Hauser thought the polygon was defined on this one. She referred to the original question from Councilmember Boles, which was do we want to keep it a buffer site or do we want to make this a core RHNA site.
Councilmember Boles stated, after hearing Planning Director Murdock talk about the vote of the people being required if we want something other than farmworker housing and that being
2.b
Packet Pg. 68
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 21 October 16, 2023
better as a buffer, that is where she would rather keep it.
Chair Hauser asked what happens if somebody buys or rents this unit as farmworker and then changes jobs, do they lose their housing.
Councilmember Boles added what is the definition of a farmworker.
Asst. City Attorney Murphy stated, typically for affordable agreements, if someone’s income does go up, there is a certain period of time where you’re allowed to stay and there are terms that are negotiated in terms of affordable housing agreement but in certain circumstances, that would require someone to move into market rate housing.
Commissioner Ferguson thought farmworker housing is typically leased by the agricultural operation of the individual farmworker.
Planning Director Murdock stated he doesn’t have enough knowledge about the particular operational arrangements of farmworker housing at this point. One of the things that was directed at the Sept. 25 meeting was to engage with those regional partners that are familiar with farmworker housing and their needs and to figure out how that might be structured successfully if this or the other site were to be developed.
Consultant Mora stated that HCD’s requirements for the farmworker housing were that they have to analyze the need for farmworker housing in our community and, if there is a need, provide for programs or policies that support allowing that type of housing to develop in your community. With their initial assessment of farmworker housing needs in Pacifica, they used census data provided by 21 Elements. It is a very small, minimal need, and the initial approach to answer the question for HCD was to talk about farmworker housing in the same way they are talking about housing for extremely low income households and incentivizing and supporting extremely low income units. They would also be providing housing for farmworkers who are typically lower income. HCD’s comment to them was that we needed to strengthen policies or programs to allow for farmworker housing. One of the things they need to do is make sure that local zoning code conforms with regulations that define employee housing and farmworker housing in the code and make sure that these types of housings are allowed and not being constrained. She stated that they don’t necessarily need to define a specific site for farmworker housing. They just need to allow for the capacity of that type of housing that would meet that need to develop.
Commissioner Wright asked if she can shed some light on who counts as a farmworker.
Ms. Mora stated she would have to look into that.
Councilmember Boles thought ranches count, such as Shamrock.
Ms. Mora stated it is based on census data so it is not the most localized data. That is the standard all communities are using to analyze this specific population. HCD did not have an issue with the measure of the need, but more making sure that local zoning allows this type of housing to develop.
Asst. City Attorney Murphy thought these were really good questions and as they are implementing programs from the Housing Element they were all things that will be considered.
2.b
Packet Pg. 69
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 22 October 16, 2023
Chair Hauser thought it would be interesting if they could broaden the definition of a farmworker to be more consistent with that extremely low income and figure out how to get the people who need the housing into the housing.
Councilmember Beckmeyer returned to the meeting from recusal.
Chair Hauser asked to speak about site A briefly, which is the church. She wanted to talk about this is because, even though the whole space is shown in the diagram, there was an image shown and that equates to potentially 23 homes on the site, which is 4 or 5 acres. Considering all of the opportunities happening with state law and religious sites, and the fact that when religious sites tend to redevelop housing, they usually draw a lower income level, she wondered if it would be a good idea to increase the polygon on this one to potentially include half the site or even the whole site, the latter of which she would be supportive of, with the thought that they can get some high-quality lower income housing there.
Planning Director Murdock stated, from the staff’s perspective, this site is different than the other two religious sites, the first being the St. Peter Church site that was already on the list and the potential addition of the Lutheran Church site. He stated that both of those are identified as potentially exist for areas of this site that are undeveloped and not in some other particular use to serve as the site. He stated that this site A is unique in that the entirety of the site is put to some intentional use at this time, either the church building or the parking lot. He stated that one concern he has is the realistic assumptions related to that if they say half the site or the building needed to be redeveloped. The other part of the response is that there would be nothing preventing them from saying that, if they are going to 0.9 acre share of the site, why not do the whole thing; seeking approval for that is part of a development process or availing themselves of some entitlement in state law as part of a religious site. He stated that those are his reactions, but they can explore the options for how to increase the polygon.
Chair Hauser asked if the site is still a buffer site.
Planning Director Murdock stated it is a core RHNA site.
Chair Hauser stated what she likes about the site is that it is off of Sharp Park and doesn’t have a traffic issue. It is in an area of Pacifica that doesn’t have a lot of other housing sites clustered around and is surrounded by housing on three sides which makes for good urban planning.
Consultant Council stated that she doesn’t know how utilized the parking is which is key when you’re trying to do both church and housing because on Sunday mornings, everyone needs parking. She stated that they have a ton of parking, and she would be inclined along her line of thinking of expanding the polygon so they get 50 units and make it a more feasible project.
Chair Hauser concurs with the idea that the site geometry and low unit count are probably not as attractive as 50 units with a better polygon.
Planning Director Murdock stated that another option aside from or in concert with changing the polygon is considering whether a higher density would be appropriate as well, as it is currently proposed at 30 units per acre; 40 to 60 would also fit in line with the overall Housing Element construct and may able to split the difference in those constraints.
Commissioner Godwin thought, if they try to combine anything with the property that the Latter Day Saints have an interest in, they will find them relatively unwilling to communicate with them
2.b
Packet Pg. 70
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 23 October 16, 2023
and it will be a quite difficult process of getting that combined with another parcel. He recommends they increase the density to the extent they are going to interact with that group and leave it as a unique interaction.
Councilmember Boles stated she was all for increasing the density to a project that might be able to get built, with this being a good place for affordable units.
Chair Hauser agreed.
Councilmember Boles stated she was proposing this as an addition to the numbers they have.
Commissioner Wright would be in favor of enlarging it and adding density to make it more likely to be developed and make it realistic to do multiple floor parking to accommodate multiple uses.
Planning Director Murdock clarified that they did take detailed note of the Planning Commission’s suggested revised polygon. It was an oversight that the polygon was not reflected here, but they do have one.
Commissioner Wright and Chair Hauser suggested the polygon include the whole lot.
Councilmember Boles asked if there was an access on Sharp Park Road directly.
Commissioner Ferguson stated no.
Councilmember Boles asked if it was on the south side.
Planning Director Murdock stated it was on the northeast side.
Councilmember Boles agreed with not confining them to a rectangle as they may not want the circulation going through their site.
Chair Hauser thought they may want to rebuild the church and provide housing to the people who work there or housing for their parishioners. She stated that it increases their property value and does not require them to build it.
Commissioner Wright asked if Planning Director Murdock would be opposed to the whole parcel and 60 units per acre.
Councilmember Boles stated going to 60 would mean a much taller building.
Chair Hauser stated she was comfortable with the whole parcel, but also staying closer to 40 is more consistent as it is surrounded by single family homes and on a hill.
Mayor Bigstyck thought he would probably be more comfortable with that also, but he would like to hear staff’s insight as to Commissioner Wright’s question.
Consultant Council stated that they would have to make the case that there is some basis that they would be willing to redevelop the actual church that’s there, and she thought that was farfetched, and she would be more comfortable taking a larger part of the parking lot. She stated that they have to tell HCD why they think that the Latter Day Saints are going to rebuild their church. While they might, she didn’t know what they would use to achieve that, as they
2.b
Packet Pg. 71
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 24 October 16, 2023
haven’t talked to them about it.
Mayor Bigstyck thought it would be easier to form a two-story parking structure on the lot which might facilitate building the housing that would facilitate their aims. He thought it was counterintuitive to pursue robustly the notion of trying to assign the entire lot.
Chair Hauser and Councilmember Boles discussed suggestions to the polygon, and Planning Director Murdock asked clarifying questions.
Consultant Council asked if they wanted to have a polygon or just leave it flexible and say one acre of the parking lot without defining the polygon.
Chair Hauser would say 2 to 2-1/2 acres of the parking lot based on what they just talked about.
She was flexible about the polygon.
Consultant Council stated it would be more flexible if they didn’t have a polygon, but she knows that they wanted polygons in other sites.
Chair Hauser thought the rationale for the polygons in other sites is because of mixed use. She stated that things that were of value were specifically left out of the polygon.
Consultant Council asked Planning Director Murdock about no polygon, just saying two acres.
Planning Director Murdock asked for a moment to do approximate measurements and better quantify the land area they are talking about with the polygon and get their direction on whether to include the polygon or assume that acreage of the overall site. He then stated that a polygon of the type described would be roughly 1.6 acres. They can either keep the polygon concept to show that full redevelopment of the site is not assumed, which might help their argument, at least to visualize that with HCD, or just say of the over four acre site, only 1.6 acres is assumed in calculating the site potential.
Chair Hauser thought that made sense. There was consensus.
Planning Director Murdock stated that the other point to discuss briefly is, if they are assuming
1.6 acres overall without a polygon, and if there is a desire to try to get to 50 units, he is figuring out what the density for that would be. There was some discussion earlier to try and get a 50- unit project there to increase chances for affordable housing, and 30 dwelling units per acre does not fit there.
Chair Hauser, Councilmembers Boles and Bier, and Mayor Bigstyck were in favor of 40 dwelling units per acre. There was consensus.
Chair Hauser asked if anyone had any other sites to discuss within B.3.1, the reorganization of housing sites.
Commissioner Ferguson thought they will be removing from this map site 36 and site 34.
Planning Director Murdock stated 36 was already removed, and site 34 and 35 removal was what was discussed at this meeting.
Commissioner Wright thought 35 was at Planning Director Murdock’s discretion.
2.b
Packet Pg. 72
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 25 October 16, 2023
Planning Director Murdock agreed, if needed, with the priority to add the two sites peripheral to site 38.
Commissioner Wright stated that they have the sewer capacity to handle that.
Planning Director Murdock agreed. He stated that this adjustment would not change the overall core RHNA number of units, which they have confirmed that there would be sufficient sewer capacity to accommodate with incorporation of the Rockaway Beach and Vallemar sewer main replacements; the additions would be surplus buffer sites and would not be applicable to the core RHNA.
Chair Hauser asked Commissioner Ferguson if he was responding to the fact that the map that was shown tonight still has the Sea Bowl.
Planning Director Murdock agreed, adding that they clarified and acknowledged in the staff report that they will remove it once all the guidance is confirmed this evening.
Commissioner Ferguson stated that, going back to the Rockaway sewer pump station, he asked if the pump station in Linda Mar pump up and over to the Rockaway pump station, which then feeds to the wastewater treatment plant. He stated that they are only looking at this area feeding into the Rockaway Pump Station but he thinks there is a reasonable chance that all of south Pacifica feeds through the Rockaway Pump Station as it is the last pump station in line for the treatment plant. He stated that they might have placed this polygon in error.
Planning Director Murdock stated that the wastewater division staff have provided the catchment area boundary for this Rockaway Beach pump station and they have not identified flows from Linda Mar pump station.
Commissioner Ferguson stated that it looks like there is a sewer line depicted on this passing through there, but it could be storm drain versus sanitary sewer and it’s not delineated.
Councilmember Boles agreed that the diagrams are a little confusing.
Chair Hauser stated that Planning Director Murdock mentioned for the B.3.9, Infrastructure Constraint, at the last meeting on the Sept. 25, they did not have that information about whether the 180 was an accurate number. She believes what they presented at this meeting was that in further conversation, 179 units, rounded up to 180, were appropriate and just in this area.
Planning Director Murdock confirmed the analysis was done by the city’s consultant. The capacity that would essentially be gained by reducing the I & I through the sewer main replacements would allow the 179 units to be added to the Rockaway Beach catchment area.
Mayor Bigstyck stated it almost looks to him that the forced main doesn’t need to go through the Rockaway Pump Station in order to keep going and it looks like what comes up from the Linda Mar and Anza Pump Stations over the hill could bypass for the force main. He asked if it looks like it needs to stop at the Rockaway Pump Station or to continue through.
Commissioner Ferguson stated his guess is that the capacity issue is in the gravity collection systems for these neighborhoods and not the force main.
2.b
Packet Pg. 73
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 26 October 16, 2023
Chair Hauser asked if they should assume there is not a problem and ask staff to confirm.
Planning Director Murdock stated their wastewater staff have not identified flows from the Linda Mar Pump Station going northward to the plant to be a capacity constraint and they focused their analysis on the Rockaway Beach Pump Station catchment area.
Councilmember Boles added there are several I & I projects in the Linda Mar area in the works.
Mayor Bigstyck confirmed they are through with the sites.
Councilmember Boles asked staff to explain changes made to the diagram of sites 29 and 28.
Planning Director Murdock explained what they did is map the assessor parcel boundaries. In some cases, there is a different assessor parcel in the middle of the site. The proposed Housing Element site does not extend into that parcel and, to be more precise in terms of the assessor parcels in question, they removed it from the map.
Councilmember Boles asked if those were buildings or parking lots.
Chair Hauser stated it was a parking lot and this was her confusion on Sept. 25. The Fairmont Shopping Center and Linda Mar Shopping Center specifically have random APNs over just parking spaces. The polygon does not overlap with that APN and listing it as a Housing Element site is kind of misleading. The polygon makes more sense than the list.
Councilmember Boles asked why it was done for those two and not Manor.
Chair Hauser thought the difference for Manor was that the parking lot parcel was specifically encroached upon by the polygon and that was intentionally in there.
Councilmember Boles thought it would be nice to just show on the maps the part of the parcel that they are talking about, especially for the school sites.
Planning Director Murdock agreed. They are trying to strike a balance of being accurate, but also at the scales they are talking about, some of the parcels or sites would be so small they might not be evident on the map. He stated at this stage the contents and substance are important and they can continue to think about better or more accurate or more understandable ways to map as the Housing Element process evolves. For now, they are trying to be very clear about where the sites are and not spend too much time with the cartography side of this process because they know so much is in flux with sites but they can do their best to try to dial that in with a final map at some point.
Chair Hauser stated that one thing Planning Director Murdock and she talked a lot about was making sure that included as part of the Housing Element were this appendix which includes these polygons and the notes on the site map diagrams which state the housing sites are specific areas and shown in the appendix.
Planning Director Murdock confirmed.
Councilmember Boles thought that would be helpful.
Commissioner Wright would like to recognize staff and appreciate what they are doing to try
2.b
Packet Pg. 74
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes) City Council Joint Study Session 27 October 16, 2023
incorporate all their different ideas through this whole process. He is proud of our staff and how well they have done at handling this big list after many other big lifts.
Chair Hauser echoed that and thanked them for all the objective standards work they are synthesizing for them and all the research that went into it.
Councilmember Boles echoed that with all the work they are doing in parallel with all the projects, Local Coastal Plan, Quarry, etc. She stated that, if they feel there are things that are important, such as the objective design standards, and if they need a little more capacity and consultant fees, she hopes they come to them to ask for that.
Planning Director Murdock thanked her and appreciated that. He thought they are trying to trying to be systematic and programmatic regarding focus on the Housing Element. As much as they would like to try to front load more of that, even if they had unlimited money, he was not sure if they could do it while undertaking the Local Coastal Land Use Plan work, etc. He stated that what they are trying to do now with objective standards is to keep that limited number and get them into the city’s regulations as soon as possible as part of the Phase 1 rezoning program. The stop gap in between is getting these polygons into the Housing Element in the appendix. Each step they take, they are further refining and clarifying because they cannot do it all at once without other undesirable consequences.
Mayor Bigstyck stated it was extraordinary how much work has been done over the last several years. At any given moment in time, he feels the constraints between staff’s needs and community’s needs. He sees how staff come back with a solution. They have the output from staff waiting for them so they can work from that point rather than where they left off. He thought it was extraordinary to see that process at work. He thanked all of them as this is a team effort and he knows those in front of them are not the entirety of the team. He then asked if staff has the direction that they need.
Planning Director Murdock stated that they do, and he thanked them for the thoughtfulness at this time as well as on September 25.
RESULT: NO VOTE REQUIRED
ADJOURN
Mayor Bigstyck adjourned the meeting at 10:31 p.m.
Transcribed by Barbara Medina, Public Meeting Stenographer.
Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Tygarjas Bigstyck, Mayor
2.b
Packet Pg. 75
Attachment: Attachment B: Minutes of 10-16-2023 Joint Study Session (5515 : Approval of Minutes)
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.
2.c
Packet Pg. 76
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) 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.
2.c
Packet Pg. 77
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) 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.
2.c
Packet Pg. 78
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) 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.
2.c
Packet Pg. 79
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) 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,
2.c
Packet Pg. 80
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) 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
2.c
Packet Pg. 81
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) 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-
2.c
Packet Pg. 82
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) 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
2.c
Packet Pg. 83
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) 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
2.c
Packet Pg. 84
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) 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.
2.c
Packet Pg. 85
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) 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
2.c
Packet Pg. 86
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) 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.
2.c
Packet Pg. 87
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) 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.
2.c
Packet Pg. 88
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes) 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
__________________________
Tygarjas Bigstyck, Mayor
2.c
Packet Pg. 89
Attachment: Attachment C: Minutes of 10-23-2023 Special and Regular Council Meeting (5515 : Approval of Minutes)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Continuation of Proclamation of Local Emergency of the Pacifica Coastline from Westline Drive to the End of Beach Boulevard.
RECOMMENDED ACTION:
Accept report and make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.
STAFF CONTACT:
Roland Yip, Deputy Director of Public Works/City Engineer 650-738-3767
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
On January 22, 2016, the Director of Emergency Services proclaimed the existence of a local emergency along the Pacifica coastline from Westline Drive to the end of Beach Boulevard due to El Nino storm activity. Extreme wave heights for extended periods of time caused top-of-bluff retreat at several locations along the Pacifica coast and damage to City infrastructure. Since this date, the Director of Emergency Services has proclaimed the existence of other local emergencies along this same stretch of coastline. These emergencies are described below:
• Failure of the sea wall and promenade on Beach Blvd. (in the vicinity of Santa Maria Avenue), which have been repaired, from the January 22, 2016 storm. • The 300 & 400 block of Esplanade experience episodic bluff erosion. In recent years (2016-2018), the bluff erosion has progressed to a point where the erosion is now threatening public infrastructure and utilities.
• Undermining of a seven-foot diameter storm drain outfall and concrete headwall for the discharge of Milagra Creek into the Pacific Ocean in the vicinity of 700 Palmetto Avenue from the January 22, 2016, storm. Construction is scheduled to restart in February of 2021 due to project delays.
• A failure of the seawall and promenade on Beach Blvd. in the vicinity of Santa Rosa Avenue and the Pier was discovered on December 16, 2020. Ocean waves, king tides, and high swells undermined a portion of the sea wall and created a large void (25’x25”) between the pier abutment seawall connection, affecting the sidewalk and promenade.
City staff and contractors stabilized and repaired the large void on January 22, 2021.
The sidewalk and promenade restoration were completed on February 22, 2021.
Monitoring of the repaired area is on-going.
3 Packet Pg. 90
Pacifica City Council 2
November 13, 2023
• On December 29, 2020, another failure of the seawall occurred approximately 150-200 feet north of the intersection of Beach Blvd. and Santa Rosa Avenue. A void, approximately 10’ deep by 15’ long, was found behind the seawall and was repaired with geotextiles and concrete slurry on January 5, 2021. Full restoration of this section was complete in February 2021. Monitoring of the repaired area is on-going. • On January 14, 2021, a combination of high tides and large waves damaged a forty-foot section of the Pacifica Municipal Pier’s west facing deck and concrete railing. Following this event, the Pier was closed due to safety concerns. City staff requested a structural engineering assessment of the above deck pier elements and a proposed repair and associated cost from a local engineering consultant. This information was provided to the City by the end of March 2021. The pier was reopened on April 2, 2021, but the damaged portion was fenced off for safety reasons. The City is currently moving forward with a repair project and is designing the repair. Construction will be funded by grant money provided through a Senate Bill 129. The City Council approved a resolution on December 13, 2021, to approve the application of the state grant funds for the repair of the pier and the application has been sent to the State Department of Parks and Recreation for processing. On May 13, 2022, the City received a Coastal Development Permit waiver from the California Coastal Commission to perform this work. A bid opening for the repair was held on June 9, 2022, and the City received one bid, which was $2 million above the project budget. Council rejected the bid and authorized the project to be rebid.
The City Council first ratified this proclamation (Attachment 1) at its regular meeting of January 25, 2016. Since that date, additional damage had occurred along Beach Boulevard and Esplanade Avenue as noted above.
Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on January 25, 2016, and since that time staff has brought the continuance of Proclamation confirming the existence of local emergency exists within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard every 30 days with October 9, 2023, being the most recent.
The City is using a combination of city staff, contractors, and consultants to manage the discussed emergency work. Staff will bring recommendations to the Council to end the emergency designation for projects on the list once conditions stabilize and the projects are no longer in need of the emergency designation.
The City Manager recommends that the City Council make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.
FISCAL IMPACT:
None.
ORIGINATED BY:
Public Works
3 Packet Pg. 91
Pacifica City Council 3
November 13, 2023
ATTACHMENT LIST:
Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (PDF)
3 Packet Pg. 92
"ATTACHMENT 1"
3.a
Packet Pg. 93
Attachment: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (5506 : Continuation of "ATTACHMENT 1"
3.a
Packet Pg. 94
Attachment: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (5506 : Continuation of
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Continuation of Proclamation of Local Emergency at the Anza Pump Station.
RECOMMENDED ACTION:
Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.
STAFF CONTACT:
Lisa Petersen, P.E., Director of Public Works
(650) 738-3767
[email protected]
Louis Sun, P.E., Plant Manager - Wastewater Public Works (650) 738-4660
[email protected]
BACKGROUND/DISCUSSION:
On Monday, March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at Pacifica State Beach. After Public Works staff investigated the report, it was determined that the storm drain pumping system and roof/bathrooms were damaged during the fire. The engines were destroyed, and the pumps needed to be replaced.
The damage to the pump station threatened and continues to threaten the safety of persons and properties within the watershed due to the risk of flooding without an operational pump station.
The City of Pacifica’s Emergency Plan and Section 4-2.01 et seq. of the Pacifica Municipal Code empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when there is an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and properties within this City.
The proclamation is subject to ratification by the City Council within 7 days, pursuant to the Pacifica Municipal Code. The proclamation of the existence of a local emergency further designates the City Manager or designated representative to act on behalf of the City for public assistance and for individual assistance for purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain available State and Federal assistance.
Additionally, pursuant to Section 3-15.09 (A) of the Pacifica Municipal Code, in cases of an emergency the City Manager is authorized to proceed at once to replace or repair any public facility without adopting plans, specifications, or working details, or giving notice for bids to let contracts. The City must comply with Public Contract Code Section 22050, which provides a process for City Council’s review of the emergency action if notice of bids to let contracts for public projects will not be given because of the emergency.
In this case, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure, which 4 Packet Pg. 95
Pacifica City Council 2
November 13, 2023
requires immediate attention and constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code Section 1102.
Such conditions are, or are likely to be, beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency design and repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contracts. Immediate action is, and continues to be necessary, due to the clear and imminent danger presented by any storm event that could occur during the time the storm water pump station is non-functional. Flooding could occur to areas upstream of the pump station, causing health and safety issues, as well as extensive property damage. As such, on April 8, 2020, the City Manager did proclaim the existence of a local emergency within the City and the need to continue the emergency action continues as the repair will take approximately 8-14 months or longer. The Proclamation of Local Emergency is attached to this staff report as Attachment 1.
City staff has contracted with the civil engineering firm of Schaaf & Wheeler of San Jose, California to assist the City with the rehabilitation of the pump station. In addition, the pump station has been cleared of any fire damaged debris and the damaged pumps/engines have been removed. On July 13, 2020, the City Council approved construction services agreement for rebuild and re-installation of a pump and gear drive, the renovation of bathrooms, purchase and installation of new stainless-steel doors, and repair pump station wet-well grates. As part of the on-going maintenance for the pump station, staff purchased a new pump which was approved by the Council at the August 9, 2020 City Council meeting. An emergency purchase agreement with Herc Rental for a temporary rental engine was also approved on September 1, 2020 and will remain in place until the pump station is operational. On October 12, 2020, temporary measures were completed to allow for a non-standard system of pumping at the Anza Pump Station until final repairs are completed. This work included a new pump, transfer switch, temporary roof, portable generator connections, and exterior double doors have been installed. Staff is continuing to evaluate and monitor storm water flows and purchased two new sump pumps to accommodate flows.
On May 10, 2021, City Council approved the purchase of two new Caterpillar engines utilizing the City’s established Sourcewell Cooperative Purchase Agreement. The rehabilitation plan is currently 100% completed, and staff has completed the engineering review. The roofing plan was approved by the Building Department. Staff has also completed selection of the Construction Management firm which was from the established On-Call Construction Management list. Staff is in the process of discussing permitting requirements for the overall project with the California Coastal Commission.
Staff completed the field portion of a topographic survey to support a PG&E application to reestablish natural gas service at the Anza Pump Station to supply the natural gas to run the prepurchased natural gas engines to drive the pumps. The City entered into an agreement with PG&E to tap the gas main and install a new gas meter. The City has also engaged a gas pipeline contractor for a quotation on installing the gas service line from the gas main to the gas meter. In addition, the City has submitted the Caltrans Encroachment Permit application required for gas service line construction on Highway 1 and has obtained a separate emergency Coastal Development Permit request with the California Coastal Commission for installation of the new gas line and a redundant pump/engine that was approved.
During a storm event on the morning of December 16, 2021, the City experienced some flooding in the lower Linda Mar area due to the temporary nonstandard pumping system that has been in use at Anza pump station due to the fire damaged pump station engines in March of 2020. This temporary system has been in place because the City has been working to reach agreement with the California Coastal Commission on the remaining permitting requirements for 4 Packet Pg. 96
Pacifica City Council 3
November 13, 2023
the permanent pumping system. The City faced several significant stormwater related events from October 2021 through December 2021 and will face more with the continuing storm season. Replacement of this temporary system is considered an emergency and staff is moving forward with construction of the permanent system. To further improve operations between now and when the Anza Pump Station Repair Project is completed, the City recently purchased a small diesel engine that will be used to drive one of the existing smaller stormwater pumps, thereby improving pump station resiliency in the interim. Staff issued a public request to prequalify bidders for the Anza Pump Station project in December 2021. Ultimately, two contractors were deemed qualified to bid on the project. Both contractors submitted bids for the project in February of 2022. The contractors specialize in pump stations.
As of May 1, 2022, the Anza Pump Station Repair Project’s General Contractor, DW Nicholson (DWN), has begun the work and is focusing on providing project equipment submittals and requests for information (RFIs). DWN is currently onsite and working. City consultant team members Schaaf and Wheeler (engineer of record providing construction support) and Ghirardelli and Associates (third-party construction manager) are working closely with City staff to process paperwork, respond to questions along with other issues as they arise, and manage the construction work. Active construction continues at the Anza Pump Station. Except for the roof hatches, the roof installation is complete. The Project continues to finalize electrical equipment submittals and continues coordination with the engine supplier. Two new gas engines were delivered to the site mid-December 2022 and are installed. The third new gas engine arrived at the supplier’s East Bay facilities in late May 2023 and was installed in June 2023. Conduit and wire installation is completed, and the manual testing of Engine #1 is currently on going and is expected to be completed before end of October. The remaining manual operation testing is scheduled for early November 2023. Supply chain issues with the electric controls and electric control panel will delay the Pump Station from being tested and ready for automatic operation until late 2023. Staff is also exploring a contingency floater automation system in the event of further delays to the electric control panel. In addition, the project to construct a new 2-inch gas service line for the new gas engines was awarded to Casey Construction. Installation of the new 2-inch gas service line in the parking lot east of the Anza Pump Station was completed in October 2022. Installation of the new 2-inch gas service line from the parking lot into the Caltrans Right of Way near the existing PG&E gas main was completed end of November 2022. PG&E required additional utility location verification prior to moving forward with the new gas service line tie into the existing gas main, located in US 1. The City furnished PG&E this information. PG&E completed the gas service line tie-in to the gas main April 12th, 2023. The last step in this process consisted of PG&E installing their gas meter and regulator at the Anza Pump Station, which was completed May 2, 2023. In addition, two of the four Anza bathrooms were opened in time for July 4 2023, and the remaining two were opened on August 25, 2023. The City is currently waiting for the final conditioning of the two pumps/engines at the station and Tesco Controls to supply the final electrical/automation panel that has been delayed and is now scheduled to be delivered in December 2023.
Pursuant to Government Code Section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on April 13, 2020, and since that time staff has brought the continuance of Proclamation confirming the existence of local emergency at the Anza Pump Station every 30 days with October 9, 2023, being the most recent.
The City is using a combination of city staff, consultants, and contractors to manage the emergency work related to the Anza Pump Station repair project. The City Manager recommends that the City Council make a determination that conditions of local emergency continue to exist at the Anza Pump Station at the Pacifica State Beach. Staff will continue to update the Council on the progress of this emergency work monthly through the emergency 4 Packet Pg. 97
Pacifica City Council 4
November 13, 2023
declaration Council reports.
FISCAL IMPACT:
There is no fiscal impact to continue this local emergency.
ORIGINATED BY:
Public Works - Wastewater Division
ATTACHMENT LIST:
Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (PDF)
4 Packet Pg. 98
RESOLUTION NO. 19-2020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA
RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY AT THE
ANZA PUMP STATION AT THE PACIFICA STATE BEACH
______________________________________________________
WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code (“PMC”) designate the City Manager as the Director of Emergency Services; and
WHEREAS, Government Code section 8630 and PMC section 4-2.05(a) empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by an emergency, subject to ratification by the City Council; and
WHEREAS, Section 4-2.02 of the PMC defines "emergency" as the “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as earthquake, hazardous materials, plane crash, landslide, tsunami, epidemic, flood, riot, fire, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat”; and
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council; and WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated the report, it was determined that the storm drain pumping system was damaged during the fire and that the engine and the motors would need to be replaced; and
WHEREAS, the damage to this pump station threatens the safety of persons and properties within the watershed due to the risk of flooding that can occur without an operational pump station; and WHEREAS, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure due to the risk of flooding and requires immediate attention and repair and as such constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code section 1102; and WHEREAS, such conditions are beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contract, ATTACHMENT 1
4.a
Packet Pg. 99
Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5503 : Continuance pursuant to Public Contract Code 22050; and
WHEREAS, on April 8, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the damaged condition of the Anza Pump Station is likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and WHEREAS, in accordance with Government Code section 8630 and PMC section 4-2.05(a) the City Council must take action to confirm the proclamation within 7 and in accordance with Public Contract Code section 22050 which requires confirmation by 2/3 of Council within 14 days of the emergency action.
NOW, THEREFORE, BE IT RESOLVED that said Proclamation of Existence of Local Emergency, as issued by said City Manager in his capacity as Director of Emergency Services, which is attached hereto as Attachment “A”, is hereby ratified and approved by the City of Pacifica City Council.
BE IT FURTHER RESOLVED that said local emergency is confirmed to exist and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Pacifica.
BE IT FURTHER RESOLVED that during the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services, and the emergency organization of the City of Pacifica shall be those prescribed by state law, by the existing ordinances and resolutions of the City of Pacifica, as well as this resolution and any subsequent emergency orders of the City Council. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of April 2020, by the following vote:
AYES, Councilmembers: Martin, Beckmeyer, Vaterlaus, Bier, O’Neill NOES, Councilmembers: None.
ABSENT, Councilmembers: None.
ABSTAIN, Councilmembers: None.
CITY OF PACIFICA
Deirdre Martin, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney
4.a
Packet Pg. 100 Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5503 : Continuance
PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council at the earliest possible time; and
WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a call regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated, and determined that the storm drain pumping system was damaged during the fire; and
WHEREAS, the damage to the pump system threatens the safety of persons and property, including critical public infrastructure; and
WHEREAS, such conditions are or are likely to be beyond the handling capabilities of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair; and
WHEREAS, the City provides this written notification to the San Mateo County and State CalEMA’s Regional and Headquarter offices of a proclamation of local emergency; and WHEREAS, such proclamation shall be subject to confirmation by the Pacifica City Council at the earliest possible time.
NOW, THEREFORE, BE IT PROCLAIMED that, in accordance with State Law and the City of Pacifica Municipal Code, the Director of Emergency Services proclaims the existence of a local emergency for the Anza Pump Station.
DATED: April 8, 2020
By:_____________________________
Kevin Woodhouse
Director of Emergency Services
Attachment 1
4.a
Packet Pg. 101 Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5503 : Continuance
4.a
Packet Pg. 102 Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5503 : Continuance
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Cancellation of December 27, 2023 City Council Meeting
RECOMMENDED ACTION:
Move to approve cancellation of the December 27, 2023 regular City Council meeting.
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
The City Council traditionally cancels the second council meeting in December to allow for a vacation period during the holiday season. Should the Council wish to cancel the regular City Council meeting scheduled to be held on Wednesday, December 27, 2023 (due to Monday, December 25, 2023 and Tuesday, December 26, 2023 falling on observed City holidays), the next regularly scheduled council meeting following the cancelled meeting will be Monday, January 8, 2024.
FISCAL IMPACT:
None.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
5 Packet Pg. 103
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Quarterly Financial Report for the Quarter ending September 30, 2023.
RECOMMENDED ACTION:
Review and accept the Quarterly Financial Report for the Quarter ending September 30, 2023.
STAFF CONTACT:
Lucy Xie, Deputy Finance Director
(650) 501-6014
[email protected]
Yulia Carter, Assistant City Manager
(650) 738-7402
[email protected]
BACKGROUND/DISCUSSION:
Organizational and Fiscal stability remains one of the City Council Strategic Goals, which includes planning for and implementing for long-term financial health and sustainability. A key component of this goal includes preparing a quarterly financial report that would provide readers with an executive summary of the City’s current economic conditions related to the annual operating budget.
Staff implemented a financial reporting practice on a quarterly basis that started in FY 2021-22 to ensure accountability and transparency in managing public funds. This work is especially meaningful as we continue monitoring post COVID-19 pandemic recovery of the local economy and the City’s overall financial health.
On June 26, 2023, the City Council adopted the structurally balanced FY 2023-24 Budget.
Finance staff has completed the first Quarter of the Fiscal Year 2023-24, and this report reflects the financial results for the Quarter.
The First Quarter Financial Report summarizes the City’s General Fund and is not meant to be inclusive of all finance and accounting transactions. This report intends to provide the Council and the public with a broad overview of the City’s operations and fiscal condition. This report provides an update on the financial status of the City’s General Fund by outlining the revenues and expenditures for the Quarter ending September 30, 2023.
General Fund is the City’s primary operating fund and is used to account for day-to-day activities. It receives unrestricted revenues and provides the City’s general administrative services, law enforcement, fire, public works, parks, beaches and recreation, and community development-related activities such as planning, building, and engineering. Revenue sources include but are not limited to property tax, sales tax, transient occupancy tax (TOT), business 6 Packet Pg. 104
Pacifica City Council 2
November 13, 2023
registration, and current fees for services such as parking charges, engineering, planning, building permit fees, and recreation services.
The First Quarter Financial Report for the City of Pacifica provides the financial status update of the City’s General Fund by outlining the revenues and expenditures as of September 30, 2023.
The Financial Report is prepared on a cash basis; therefore, only the revenue received by September 30, 2023, is reflected in the analysis. Likewise, expenditures are recorded when paid using the cash basis method of accounting.
With the completion of the First Quarter, General Fund Revenues were $4.2 million (9% of budget), and Expenditures were $9.4 million (19% of budget). Expenditures of most municipalities typically exceed revenue during the first Quarter of any given fiscal year. This is primarily due to the majority of remitted tax payments occurring in the second and fourth quarters of the year. The County of San Mateo will remit property tax payments, the City’s largest source of revenue, in the second and fourth quarters of the fiscal year. Subsequent reports should provide a clearer picture and better understanding of how the City’s General Fund revenue sources perform and compare to the budgeted figures.
General Fund Operating expenditures are on target and slightly below the budget at the end of the first Quarter. Overall, staff is pleased to report that the FY 2023-24 Budget is on track with revenues and expenditures performing as expected, validating the assumptions made by staff at the budget adoption. However, it is important to note that these are only preliminary numbers, as additional booking entries may occur throughout the year and during the fiscal year-end that may modify some of the First Quarter figures. Staff will continue monitoring the City’s economic conditions and report to City Council throughout the future, reporting any new information as it becomes available to ensure that the overall budget remains on target and better prepare for the new budget cycle.
ALTERNATIVE ACTION:
There is no reasonable alternative to this informational item, as not accepting the First Quarter Financial Report will not change the City’s financial condition as of the end of the Quarter ending September 30, 2023.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This item meets the City Council’s goal of Organizational and Fiscal Sustainability.
FISCAL IMPACT:
There is no fiscal impact associated with the Council’s acceptance of this report.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
Attachment 1: Q1 23-24 Quarterly Financial Report (DOCX) 6 Packet Pg. 105
City of Pacifica
Fiscal Year 2023-2024
First Quarter Financial Report
1 OVERVIEW
This First Quarterly Financial Report is an analysis of the unaudited financial status of the City’s General Fund from July 2023 through September 2023. The City of Pacifica has completed the First Quarter of the Fiscal Year 2023-24. The First Quarterly Financial Report will summarize the City’s General Fund and is not meant to be inclusive of all finance and accounting transactions. This report intends to provide the Council and the public with a broad overview of the City’s fiscal condition, as the General Fund is the primary operating fund of the City and is used to account for most operational activities. Information presented in this report is unaudited, and additional adjustments may occur during the year-end process.
GENERAL FUND
General Fund Financial Condition: With one quarter of the year complete, General Fund Expenditures are at 19% of and revenues are at 9% of the FY2023-24 Budget projections. Revenues are typically less than 25% during the first quarter due to the timing of certain key revenues such as property tax, business license taxes, franchise fees, and sales tax. There is a significant drop in revenues from 10.7 million in Q1 of the prior year to $4.1 million in Q1 of the current fiscal year due to one-time revenues of $4.6 in ARPA grant funds and a $2 million Vehicle License Fee backfill revenues received in the first quarter of last year.
Both expenditures and revenues are explained in more detail below:
The General Fund Balance as of September 30, 2023, is estimated to be $17,269,859, based on the unaudited fund balance as of the end of the fiscal year 2022-23, and factoring in year-to-date revenue and expenditure of the first quarter.
Expenditures.
The following chart summarizes year‐to‐date combined expenditures by department as of the First Quarter:
General Fund Expenditures
by Department
Qtr 1
FY2022-23
Qtr 1
FY2023-24
FY20223-24
Budget
% Change
Q1 FY23 vs
Q1 FY24
Qtr 1
% Budget
Expended
General Government 1,642,356 1,143,772 7,155,341 -30% 16% Police Department 2,892,767 2,614,634 12,003,588 -10% 22% Fire Department 2,244,223 1,904,475 7,687,367 -15% 25%
Planning & Building 385,646 402,478 5,831,717 4% 7%
Public Works 1,102,652 956,307 4,901,022 -13% 20%
PB&R 1,377,327 1,260,161 5,862,626 -9% 21%
Non-Departmental 93,567 1,115,617 5,165,600 1092% 22%
Total General Fund
Expenditures 9,738,538 9,397,443 48,607,261 -4% 19%
6.a
Packet Pg. 106 Attachment: Attachment 1: Q1 23-24 Quarterly Financial Report (5523 : FY 2023-24 Q1 Financial Report) City of Pacifica
Fiscal Year 2023-2024
First Quarter Financial Report
2 Departmental operating expenditures in General government, Police, Fire, Planning, Public Works and PBR are on target at the end of the First Quarter. The expenditures are slightly lower than 25% of the budget because some contractual payments were accrued back to the previous fiscal year for some July and August payments to match with the services rendering time. The Planning Department’s expenditures are low due to the delay in processing and timing of reconciliation of the cost reimbursable expenses and accounting entries, which is consistent with the last year’s actuals at the end of the first quarter. The Non-departmental expenditures are on track with the FY2023-24 budget, yet displaying a significant variance between Q1 of FY202-23 and Q1 of FY2023-24 due to recording of Q1 transfers in the first quarter of the year, which was not done on a quarterly basis in the prior year.
Revenues: The following table is a summary of revenues as of the end of the First Quarter:
Property Tax: Property Tax is the City’s largest revenue source. The first installment of the Property Tax payment will be remitted to the City by the County of San Mateo in December 2023; The major difference between Q1 in FY2022- 23 and Q1 in FY2023-24 primarily results from less property transfer taxes received this quarter due to fewer houses sold in FY 2023-24 compared to the prior year period.
Sales Tax: As of September 30, 2023, the City has received 7% of its budgeted Sales Tax revenues. There is a two-month lag on the receipt of sales tax revenues,so the amount shown only represents one month of allocation and is consistent with the prior year. The quarter-to-quarter increase in the Sales Tax revenues reflects the receipt of the ½ cent transaction and use tax (TUT) revenues that went into effect in April, 2023.
Transient Occupancy Taxes (TOT): TOT revenues are remitted approximately 30 days after the end of each month, and revenues are not accrued at quarter‐end (as they are at the end of the fiscal year). The first quarter reflects the TOT receipts for the months of July and August. The revenues are on target and slightly exceed the budget as 26% of the budgeted revenues is received in the first Quarter representing only two months of remittances. This healthy trend General Fund Revenues by Type
Qtr 1
FY2022-23
Qtr 1
FY2023-24
FY20223-24
Budget
% Change
Q1 FY23 vs
Q1 FY24
Qtr 1
% Budget
Received
Property tax 166,730 65,639 16,411,900 -61% 0%
Sales Taxes 306,157 410,926 6,201,000 34% 7%
Transient Occupancy Tax 893,291 702,574 2,669,500 -21% 26% Franchise Tax 121,655 103,701 1,236,200 -15% 8%
Business License Tax 16,199 19,693 500,000 22% 4%
Utility Users Tax 372,036 254,494 2,700,000 -32% 9%
Vehicle License Fee 2,058,371 - 5,539,200 -100% 0%
Cannabis Tax 130,522 107,875 950,000 -17% 11%
ERAF 88,000 - 105,000 -100% 0%
Grants 4,678,448 - 2,209,700 -100% 0%
Investment Earning 35,794 239,140 500,000 568% 48%
Department Programs 1,852,034 2,257,443 9,918,600 22% 23% Total General Fund
Revenues 10,719,237 4,161,485 48,941,100 -61% 9%
6.a
Packet Pg. 107 Attachment: Attachment 1: Q1 23-24 Quarterly Financial Report (5523 : FY 2023-24 Q1 Financial Report) City of Pacifica
Fiscal Year 2023-2024
First Quarter Financial Report
3 reflects the recovery of the hospitality industry, as well as recent efforts by Hdl, the City’s tax administrator in identifying short-term rental properties and bringing them to compliance. It is important to note the seasonality of the TOT revenues as first quarter remittances are typically higher due to increased activity during the peak vacation season.
Others Taxes: These include franchise tax, business license, utility users tax, Vehicle License Fees operations taxes and cannabis tax. Payments for Franchise tax and utility users taxes are remitted 30 days after the end of the month.
Therefore, the remittances in these categories represent only 15% of the budget as of September 30, 2023. Business license tax renewal takes place on November 1 annually, as such the majority of these revenues will be recorded in the second quarter. Vehicle License Fee (VLF) remittances are delayed due to the state budget’s processing time expected in December and April. VLF draws from two funding sources: ERAF (Educational Revenue Augmentation Fund) allocations, which non-basic aid school districts are entitled to, and, if necessary, property tax revenues of nonbasic aid school districts. Any funds used by non-basic aid school districts for VLF purposes are reimbursed by the State.
Last year’s large allocation in Q1 represents the prior years’ backfill payment by the state. The this year’s State budget did not include the remaining backfill obligations to cities. Staff will continue monitoring this revenue category and will update the Council at mid-year budget review on any new developments with the State.
Cannabis Tax: shows a slight decline in comparison to the prior year, primarily due to timing issues. Most September payments were not recorded in this quarter and some cannabis providers were late in submitting their August tax remittances. Despite these delays, the cannabis industry seems to be performing in line with the budget projections at the first quarter close.
Excess ERAF: (Excess Educational Revenue Augmentation Fund). Only $105,000 of the ERAF budget is recorded in the FY 2023-24 General Fund, representing the funding for the community grant program to local non-profit organizations.
The majority of these revenues are recorded in the Disaster Accounting and Housing funds, as previously directed by the Council. These revenues are anticipated in the second and forth quarters of the year.
Grants: Last Year’s significant allocation represents the receipt of one-time $4.6 million ARPA grant from the State.
Reimbursement from State for PBR Child Care programs, recorded in this category, are expected in Q2 and Q3 the fiscal year.
Investment Earnings: This category shows a significant increase attributed to the renegotiation of a primary bank contract, which went into effect last fiscal year and resulted in a a better rate of return, in addition to an overall improved performance in the interest rate market.
Department/Programs: This category includes building permits, engineering, and planning fees, and charges related to Parks, Beaches & Recreation programs, and rentals. As of September 30, 2023, the City received 23% of the Budget, which is consistent performance at the end of the first quarter. Overall, permits and planning fees tend to fluctuate based on the timing of projects.
SUMMARY
Overall, staff is pleased to report that the FY2023-24 Budget is on track at the end of the first quarter, with revenues and expenditures performing as expected. The City’s operating expenditures are at 19% of the Budget at the end of the first quarter. Due to the nature and timing of tax collection receipts, it is difficult to fully analyze revenue based on projections after the first quarter alone. It is also important to understand that these are only preliminary numbers as additional booking entries may occur throughout the year and especially during the fiscal year-end that may modify some figures presented in this report.
6.a
Packet Pg. 108 Attachment: Attachment 1: Q1 23-24 Quarterly Financial Report (5523 : FY 2023-24 Q1 Financial Report) City of Pacifica
Fiscal Year 2023-2024
First Quarter Financial Report
4 Future reports for this fiscal year, including the mid‐year budget review, will provide a better understanding of the City’s revenue and expenditure transactions and their fiscal impact on the City. Staff will continue monitoring the City’s economic conditions and report to City Council any new information as it becomes available.
6.a
Packet Pg. 109 Attachment: Attachment 1: Q1 23-24 Quarterly Financial Report (5523 : FY 2023-24 Q1 Financial Report)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Quarterly Treasurer’s Reports for the quarter ending September 30, 2023.
RECOMMENDED ACTION:
Review and accept the Quarterly Treasurer’s Reports for the quarter ending September 30, 2023.
STAFF CONTACT:
Lucy Xie, Deputy Finance Director
(650) 501-6014
[email protected]
Yulia Carter, Assistant City Manager
(650) 738-7402
[email protected]
BACKGROUND/DISCUSSION:
The City Council adopted Administrative Policy 39 - Investment Policy to reflect current law and best practices in accordance with Government Code Section 53600 et seq. The policy provides guidelines for prudent investments and efficient cash management and requires the City to provide the governing body a report regarding the City’s investment activities on a quarterly basis to ensure “compliance” with the statement of investment policy.
The investment policies and practices of the City of Pacifica are strictly based on state law and prudent money management. The investment of funds for the City is directed to the goals of safety, liquidity, and yield while meeting the cash flow needs of the City through prudent investment of unexpended cash.
All funds are invested in accordance with the City’s Investment Policy and the authority governing investments set forth in the California Government Code, Sections 53601 through 53659. The investment policy for bond proceeds is contained in the relevant bond documents approved by the City Council at the time of the issuance of the debt.
As shown in the Treasurer’s Report (Attachment 1), the City holds various investments in external investment pools and fiscal agent accounts and they are listed at par value, cost, as well as their fair value. Par value represents the original issue amount for securities or investments purchased. There were no securities or investments that are held by the City where they were purchased at a discount or premium so the par value is equal to the book value. The fair market value is the current market value of the investment as of September 30, 2023. In accordance with GASB 31, the State provides a factor that can be multiplied by the City’s share of the LAIF pool to determine the market value each quarter. Other than LAIF, the fair market value of all other investments are equal to the book and par value.
The City’s cash and investment portfolio, at fair market value, as of September 30, 2023, is 7 Packet Pg. 110
Pacifica City Council 2
November 13, 2023
$62,046,081, of which $5,271,996 is placed with the State Controller’s Local Agency Investment Fund (LAIF), $134,631 is placed in Bank of New York (BNY Mellon), $32,680,379 is placed with US Bank, $724,607 is in the PARS Trusts, $2,702,594 is in Roy Davies Trust, $20,528,429 in the Tri Counties Bank, and $3,445 is in Petty Cash held by various departments.
The City’s investment portfolio decreased by $16,298,306, from the adjusted balance of $78,344,387 in the last quarter ended on June 30, 2023 to $62,046,081 in this reporting quarter ending September 30, 2023. The decrease is primarily attributable to normal operating payments to vendors, payroll, and annual debt service payments net of normal revenue receipts in the last quarter of the year.
The Treasurer’s Report includes details of cash and investments which are held by institutions.
The report also summarizes the City’s cash position and distribution across funds for the quarter ending September 30, 2023. Historical cash flow trends are compared to current cash flow requirements on an ongoing basis to ensure the City’s investment portfolio will remain sufficiently liquid to enable the City to meet all reasonable anticipated operating requirements.
As of September 30, 2023, the portfolio contains sufficient liquidity to meet the next six months of expected expenditures by the City.
ALTERNATIVE ACTION:
There is no reasonable alternative to this informational item, as not accepting the 1st Quarter Treasurer’s Report will not change the City’s cash position as of the end of the quarter ending September 30, 2023.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This item meets the City Council’s goal of Enhancing Organizational and Fiscal Sustainability.
FISCAL IMPACT:
There is no fiscal impact associated with this report, but Quarterly Treasurer’s Reports detail some of the fiscal activities that directly affect the City’s financial standing.
ORIGINATED BY:
Finance Department
ATTACHMENT LIST:
Attachment 1 – Treasurer's Report 09-30-23(PDF)
Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (PDF) 7 Packet Pg. 111
City of Pacifica
Treasurer's Report
September 30, 2023
Portfolio Summary
Par Value
GASB 31 Fair
Market Value Book Value % of Portfolio
Cash
Tri Counties Bank-General Account 8,042,371 $ 8,042,371 $ $ 8,042,371 12.95% Tri Counties Bank-CDARS Account 12,500,000 12,500,000 12,500,000 20.12% Tri Counties Bank-Payroll Account (18,566) (18,566) (18,566) -0.03% Tri Counties Bank-Workers Compensation Account - - - 0.00% Tri Counties Bank-Senior Services Account - - - 0.00%Tri Counties Bank-Turbo Data 4,624 4,624 4,624 0.01% City National Bank-Roy Davies Trust 2,702,594 2,702,594 2,702,594 4.35%Petty Cash - Held by various Departments 3,445 3,445 3,445 0.01%Total Cash $ 23,234,468 $ 23,234,468 $ 23,234,468 37.40% Investments
California Local Agency Investment Fund (LAIF)* $ 5,345,183 $ 5,271,996 $ 5,345,183 8.60% Bank of New York Mellon-RDA 2004 Bonds 134,631 134,631 134,631 0.22%US Bank - Money Market Fund** 32,680,379 32,680,379 32,680,379 52.61%PARS Post-Employment Benefit Trust*** 724,607 724,607 724,607 1.17%Total Investments $ 38,884,800 $ 38,811,613 $ 38,884,800 62.60% Total Cash and Investments $ 62,119,268 $ 62,046,081 $ 62,119,268 100.00% Date
Yulia Carter, Assistant City Manager
* LAIF FAIR VAUE RATE 0.986307739. https://www.treasurer.ca.gov/pmia-laif/reports/valuation.asp ** US BANK INCLUDES A $21 MILLION WASTE WATER IBANK LOAN, RECORDED AS ADJUSTMENT ENTRY IN Q4 FY2022-23. *** PARS TRUST - PUBLIC AGENCY RETIREMENT SERVICES - INVESTS IN CAPITAL APPRECIATION FUNDS FOR THE CITY'S OPEB TRUST AND MODERATE INDEX FOR PENSION TRUSTS.
The above investments are consistent with the City's Investment Policy and are allowable under current legislation of the State of California. Investments are selected using safety, liquidity, and yield as the criteria. The City has sufficient cash flow to cover anticipated expenditures through the next six months. 11/13/2023
7.a
Packet Pg. 112
Attachment: Attachment 1 – Treasurer's Report 09-30-23 (5519 : Q1 Treasurer's Report) City of Pacifica
Treasurer's Report
September 30, 2023
Reconciliation to General Ledger
Description Bank Account # Bank Amount
TRI COUNTIES GENERAL CHECKING ACCOUNT xx0541 8,678,178
TRI COUNTIES CDARS ACCOUNT xx0424 12,500,000
TRI COUNTIES PAYROLL ACCOUNT xx6915 -
TRI COUNTIES WORKERS COMP ACCOUNT xx1341 -
TRI COUNTIES SENIOR SERVICES ACCOUNT xx5996 -
TRI COUNTIES TURBO DATA ACCOUNT xx9758 4,624
CITY NATIONAL BANK ROY DAVIES TRUST-PRINCIPAL xx5367 2,702,594 LOCAL AGENCY INVESTMENT FUND (LAIF) xx1614/xx1007 5,345,183 BNY- RDA xx0166/xx0167 134,631
US BANK - 2014 WASTEWATER BONDS 2126700 1,725,500
US BANK - 2016 REFUNDING 24952500 283,284
US BANK - 2017 WASTEWATER REVENUE BOND-PROJECT FUND 27843200 5,372,442 US BANK - 2019 TAXABLE PENSION OBLIGATION BOND 267004000-3 1 US BANK - 2021 CIVIC CENTER BONDS 249299000 4,025,567
US BANK - 2023 WW IBANK LOAN 207877539 21,273,585
PARS- PENSION&OPEB PACIFICA 724,607
PETTY CASH PETTY CASH 3,445
Total Cash per Bank Statements 62,773,641
DEPOSIT IN TRANSIT 3,228
OUTSTANDING AP CHECKS (421,225)
OUTSTANDING WIRE (217,811)
OUTSTANDING PR CHECKS (18,566)
Total Reconciled GL Cash 62,119,268
Description GL Account # BooK Amount
CASH IN BANK xx.xxxxxx.11000.xxxx.xxx 20,542,371
CASH IN BANK - TURBO 01.000000.11001.0000.000 4,624
CASH IN BANK - PAYROLL 01.000000.11002.0000.000 (18,566) PETTY CASH xx.xxxxxx.11100.xxxx.xxx 3,445
INVESTMENTS - LAIF 01.000000.11290.0000.000 5,345,183
PARS TRUSTS-PENSION 01.000000.11297.0000.000 179,778
PARS TRUSTS-OPEB 01.000000.11298.0000.000 544,829
RESERVE CASH-2014 WASTEWATER REVENUE REFUNDING 18.940000.11032.0000.000 1,725,500 RESERVE CASH-2017 WASTEWATER REVENUE REFUNDING PROJECT 18.940000.11033.0000.000 4,202,264 RESERVE CASH-2017 WASTEWATER REVENUE REFUNDING INTEREST 18.940000.11034.0000.000 1,170,178 RESERVE CASH-2019 POB BONDS 40.880000.11036.0000.000 1
US BANK-2023 WASTE WATER BANK LOAN 18.940000.11040.0000.000 21,273,585 CITY OF PACIFICA 2021 PROJECT FUND 22.900000.11022.0000.000 4,025,567 R DAVIES TRUST 27.900000.11293.0000.000 2,702,594
CASH RESERVE - 2016 LEASE PAYMENT 40.880000.11026.0000.000 283,284 BNY- RDA DEBT SERVICE RESERVE FUND - 2004 TAB 91.960000.11019.0000.000 131,525 BNY-RDA CASH WITH FISCAL AGENT 91.960000.11020.0000.000 3,105 Total Cash per General Ledger 62,119,268
7.a
Packet Pg. 113 Attachment: Attachment 1 – Treasurer's Report 09-30-23 (5519 : Q1 Treasurer's Report) 1 | P a g e
City of Pacifica
Glossary of Cash and Investment Terms
Agency: Federal agency securities and /or Government-sponsored enterprises.
Annual Comprehensive Financial Report (ACFR): The official annual financial report for the City of Pacifica. It includes a combined set of statements for each individual fund and account group prepared with the accounting requirements established by the Governmental Accounting Standards Board (GASB) and in conformity with Generally Accepted Accounting Principles (GAAP). It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section.
Bankers’ Acceptance (BA): A draft or bill or exchange accepted by a bank or trust company.
The accepting institution guarantees payment of the bill, as well as the issuer.
Book Value: The value at which a security or investment is carried on the financial records of its owner. This value may be the original cost of acquisition of the security or original cost adjusted by amortization of a premium or accretion of a discount. The book value may differ from the security’s current market value.
Broker: A broker brings buyers and sellers together for a commission.
California Local Government Debt: Is bonds, notes, warrants, or other evidences of indebtedness of any local agency within California. California local government debt is a permitted investment under the California Government Code. The Government Code does not specify minimum credit ratings for local government debt in which local agencies may invest.
Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate.
Large-denomination CD’s are typically negotiable.
Collateral: Securities, evidence of deposit of other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
Coupon: (a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date.
Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.
Debenture: A bond secured only by the general credit of the issuer.
Delivery versus Payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an
7.b
Packet Pg. 114 Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5519 : Q1 Treasurer's Report) 2 | P a g e
exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.
Derivatives: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities).
Discount: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.
Diversification: Dividing investment funds among a variety of securities offering independent returns.
Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L’s, small business firms, students, farmers, farm cooperatives, and exporters.
Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per deposit.
Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations.
Federal Home Loan Banks (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLB is to liquefy the housing related assets of its members who must purchase stock in their district Bank.
Federal National Mortgage Association (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation’s purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages.
FNMA’s securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.
Federal Open Market Committee (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve and Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.
7.b
Packet Pg. 115 Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5519 : Q1 Treasurer's Report) 3 | P a g e
Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system.
Government National Mortgage Association (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FmHA mortgages. The term “pass-throughs” is often used to describe Ginnie Maes.
Issuer: Any corporation, government unit or financial institution which borrows money through the sale of securities.
Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.
Local Agency Investment Fund (LAIF): A special fund in the State Treasury which local agencies may use to deposit funds for investment. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit to the LAIF account. The State keeps an amount for reasonable costs of making the investments, not to exceed one-quarter of one per cent of the earnings.
Local Government Investment Pool (LGIP): The aggregate of all funds from political subdivisions that are pooled together for investment and reinvestment.
Market Value: The price at which a security is trading and could presumably be purchased or sold.
Master Repurchase Agreement: A written contract covering all future transactions between the parties to repurchase – reverse repurchase agreements that establishes each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyerlender to liquidate the underlying securities in the event of default by the seller-borrower.
Maturity: The date upon which the principal or stated value of an investment becomes due and payable.
Money Market: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded.
Mutual Funds: Referred to in the Government Code, Section 53601(l) as “shares of beneficial interest issued by diversified management companies.” The Mutual Fund must be restricted by its by-laws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Bankers Acceptances, Commercial Paper, Certificates of Deposit, Negotiable Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements,
7.b
Packet Pg. 116 Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5519 : Q1 Treasurer's Report) 4 | P a g e
and Medium Term Corporate Notes. The quality rating and percentage restrictions in each investment category applicable to the local agency also apply to the Mutual Fund.
Negotiable: Term used to designate a security, the title to which is transferable by delivery.
Offer: The price asked by a seller of securities. (When you are buying securities, you ask for an offer). See Asked and Bid.
Open Market Operations: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve’s most important and most flexible monetary policy tool.
Par Value: The amount of principal of a security that must be paid at maturity. The par value may also be referred to as the “face amount” of a security.
Portfolio: Collection of securities held by an investor.
Primary Dealer: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers included Securities and Exchange Commission (SEC) – registered securities broker-dealers, banks, and a few unregulated firms.
Principal: Describes the original cost of a security. It represents the amount of capital or money which the investor pays for the investment.
Prudent Person Rule: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state – the so-called legal list. In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.
Qualified Public Depositories: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the State to hold public deposits.
Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return.
Repurchase Agreement (RP or Repo): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money, that is, increasing bank services.
7.b
Packet Pg. 117 Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5519 : Q1 Treasurer's Report) 5 | P a g e
Safekeeping: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection.
Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution.
Security: An investment instrument, other than an insurance policy or fixed annuity, issued by a corporation, government, or other organization which offers evidence of debt or equity.
Securities & Exchange Commission: Agency created by Congress to protect investors in securities transactions by administering securities legislation.
SEC Rule 15C3-1: See Uniform Net Capital Rule.
Structured Notes: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations which have imbedded options (e.g., call features, step-up coupons, floating rate coupons, derivative-based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve.
Treasury Bills: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.
Treasury Notes: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to ten years.
Uniform Net Capital Rule: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among member of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
Yield: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
7.b
Packet Pg. 118 Attachment: Attachment 2 – City of Pacifica Glossary of Cash and Investment Terms (5519 : Q1 Treasurer's Report)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Resolution to Approve New Principal Civil Engineer Job Classification and Salary Schedule RECOMMENDED ACTION:
Adopt a resolution approving a new Principal Civil Engineer Job Classification and Salary Schedule to allow for flexible recruitment within the Engineering series, and authorize the City Manager to execute a side letter for the new class to be recognized by Teamsters Management 350 Unit.
STAFF CONTACT:
Irene Camarena, HR Manager
650-738-7303
[email protected]
Roland Yip, P.E., DPW Deputy Director
(650) 738-3771
[email protected]
Yulia Carter, Assistant City Manager
(650) 501-6004
[email protected]
BACKGROUND/DISCUSSION:
The current Senior Civil Engineer position serves a critical role for the Public Works Engineering Division with responsibilities including performing and supervising engineering work on the City’s Capital Improvement Program and land development projects. The Senior Civil Engineer position will become vacant on December 29th, 2023, due to retirement.
The Engineering Division conducted recent recruitments for an Assistant, Associate, and Senior Civil Engineer positions and was able to fill two positions at only Assistant Civil Engineer level. Similarly, the Wastewater Division advertised a Senior Civil Engineer/Project Manager position in October and did not receive any qualified applications for the position.
There is an apparent shortage and high demand pressures in the Bay Area for experienced Engineering professionals. Many municipal agencies are currently experiencing similar recruitment challenges. Several Bay Area Cities conducted similar recruitments at the same time with more competitive salary and benefits packages, contributing to increased competition in acquiring skilled professionals in the Engineering field.
The City Manager recommends that the City Council approve the addition of the new Principal Civil Engineer classification and Salary Schedule, as it would establish an Engineering series to allow for a flexible fill of the upcoming Senior Civil Engineer vacancy between a Senior and Principal Civil Engineer classifications within the Public Works Engineering Division. Creating this Engineering series classifications more closely meets the 8 Packet Pg. 119
Pacifica City Council 2
November 13, 2023
City’s recruitment needs and expands the available pool of candidates. The Principal Civil Engineer’s role will involve planning, budgeting, supervision, and management of highly complex professional engineering work, focusing on the City’s aggressive Capital Improvement Program (CIP) and private development projects. This will also strengthen the Engineering Division and provide additional support in developing policies and procedures to the Deputy Director of Public Works/City Engineer.
The new classification title is consistent with the organizational structure in other Engineering Divisions within San Mateo County and will fall under the Teamster’s Management Local 350 - MISC group. Staff believes that adding this new classification would allow the City to stay competitive and attract a top talent-qualified pool of candidates, as well as address succession planning, talent development and job progression for junior level engineering staff.
Article 4, Section 2-5.403 - Establishment of the Municipal Code establishes the procedures for the City Manager, as Personnel Officer, to create and revise a position classification plan.
Any new or revised classification is officially established upon adoption by the City Council.
After the Council’s approval of a new job classification and salary schedule, the City will proceed with the recruitment.
The Human Resources division completed the meet and confer process with the Teamsters Management 350 collective bargaining representative regarding this classification and compensation schedule.
The City Manager recommends that the Council adopt the attached job classification that has been reviewed by the City Manager’s Office, Human Resources and Public Works Director.
The Principal Civil Engineer position is classified as a member of Teamsters Management Local 350.
FISCAL IMPACT:
The salary range for the Principal Engineer classification was established by applying the City’s methodology of benchmarking against 12 previously negotiated and agreed upon comparison agencies in San Mateo County, adjusted by the internal alignment to the City’s Compensation Plan, and included a 2% contractual cost of living increase that went into effect on July 1, 2023, as listed in the table below.
New Proposed Job Classification
Title Status Compensation Schedule Unit
Principal Civil Engineer FT-Permanent $12,652 - $14,843 Teamsters 350 The total annual cost difference between the top step Sr. Civil Engineer and top step Principal Engineer positions is approximately $32,300. However, the actual cost will be contingent upon the actual salary and benefits package of the successful candidate. The actual cost is likely to be lower in the first year due to the City’s practice to hire at mid-range.
There are sufficient salary savings in the FY 2023-24 Budget to cover this upgrade (prorated for the remainder of the fiscal year), so no budget amendment is required at this time. If the vacant position is filled at the Principal Engineer level this will be factored into the FY 2024-25 Salary and Benefits projections, and the position control will reflect unfunding the Sr. Engineer 8 Packet Pg. 120
Pacifica City Council 3
November 13, 2023
and funding Principal Civic Engineer position for the next fiscal year.
ORIGINATED BY:
Human Resources
ATTACHMENT LIST:
New Job Description Principal Civil Engineer Classification 11.13.2023 ATT 2 (PDF) 8 Packet Pg. 121
Pacifica City Council 4
November 13, 2023
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING A
PRINCIPAL CIVIL ENGINEER JOB CLASSIFICATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER TO BE RECOGNIZED BY THE TEAMSTER’S MANAGEMENT 350 UNIT
WHEREAS, Article 4, Section 2-5.403 of the Pacifica Municipal Code establishes a civil service personnel system and procedures for the administration of personnel matters; and
WHEREAS, said Chapter requires that the City Manager, as Personnel Officer, prepare and recommend to the City Council a position classification plan, class specifications, and revisions thereto; and
WHEREAS, said Chapter requires that personnel rules and policies be adopted by resolution of the City Council; and
WHEREAS, staff met and conferred in good faith with the representative of Teamsters Local 350 and they are in agreement with the changes; and WHEREAS, Senior Civil Engineer position will become vacant on December 29th 2023, and adding the new Job Classification of Principal Civil Engineer will create Engineering series and allow for flexible staffing and improved service delivery by the Engineering Division; and
WHEREAS, the Principal Civil Engineer classification is consistent with the organizational structure of other San Mateo County public agencies; NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica, California, that the new Principal Civil Engineer job classification and salary schedule for the position are hereby approved, and the City Manager or his designee is authorized to amend the Classification and Compensation Plan and prepare a side letter to add the new classification and the salary schedule to the Management Employees Teamsters Local 350 MOU; Title Status Compensation Schedule Unit
Principal Civil Engineer FT-Permanent $12,652 - $14,843 Teamsters 350 • • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of November 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
8 Packet Pg. 122
Pacifica City Council 5
November 13, 2023
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 8 Packet Pg. 123
ATTACHMENT 2
PRINCIPAL CIVIL ENGINEER
DEFINITION:
Under general direction, to direct, manage, supervise the Engineering Division; to perform highly complex professional engineering work; to plan, direct, and supervise a variety of engineering projects and programs; and to conceptualize, develop, design, and implement all phases of difficult design and engineering research projects, to supervise and review the work of professional and technical staff engaged in the preparation and/or review of plans, specifications, maps, designs, estimates, and inspections of capital improvement, construction, development and maintenance projects; coordinate the work of Engineering Division with the rest of Public Works.
EXAMPLES OF DUTIES:
• Under general direction, plan, develop, coordinate, and direct the activities of the Engineering Division.
• Supervise and review the work of professional and technical staff engaged in the preparation and/or review of plans, specifications, maps, designs, estimates, and inspections of capital improvement, construction, development, and maintenance projects.
• Act as a mentor to staff providing them with leadership, training, direction, & support. • Manage major capital improvements projects, which includes contract administration; project schedule coordination; manage the work of consultants and staff; coordinate the work of consultants, utilities, staff, other public agencies, elected officials, and the public; communicate with the consultants, staff, public, other agencies, and elected officials; ensure quality control of the project, including conducting field inspections; prepare and present a variety of reports and studies. • Assist in evaluating the need for and developing plans and schedules for long range engineering and public works projects.
• Plan, organize, and coordinate assigned work with other City Departments and outside agencies. • Prepare division operating and capital improvement budgets and assist in the preparation of departmental operating and capital improvement budget.
• Develop and implement the Division’s goals, policies and procedures, administrative planning, and problem resolution.
• Review, revise and maintain the City’s General Conditions, Standard Specifications and Drawings. • Supervises review of private development and/or subdivision plans for conformance to standards; resolves disputes between the City and developers, contractors, engineers and the public relative to City policies, specifications, regulations, procedures, and extra work. • Direct and manage the inspection of public works and private development projects for conformance to established plans and specifications.
• Make presentations to the City Council, City Manager, and other boards and commissions, business organization and homeowner’s association.
MINIMUM QUALIFICATIONS:
Knowledge of:
• Principles and practices of civil engineering design, and construction. • Principles and techniques of management and supervision including planning, organizing, and developing goals and objectives.
• Communicate effectively, orally and in writing; communicate technical information clearly and accurately to non-engineering staff, consultants, and the general public. • Be proactive in identifying problem areas and develop alternative solutions and recommendations. • Budget planning and preparation, and public relations aspects of municipal government; principles and practices of design administration including computer-aided design (CAD). • Theories, techniques, materials, and equipment used in construction and maintenance of Municipal Public
8.a
Packet Pg. 124 Attachment: New Job Description Principal Civil Engineer Classification 11.13.2023 ATT 2 (5522 : Approving Principal Civil Engineer Job ATTACHMENT 2
Works improvements.
• Legal issues relating to municipal construction and civil engineering.
ABILITY TO:
• Prepare and direct the preparation of engineering plans, specifications, and estimates. • Effectively supervise and train professional, technical and clerical support staff. • Perform highly complex engineering work in design and construction of public works. • Plan, organize, supervise, and evaluate the work of professional and technical engineering personnel.
• Communicate clearly and concisely, orally and in writing; prepare correspondence and reports. • Develop cooperative working relations with all City staff, consultants, outside agencies and the public.
• Use a variety of drafting, surveying, and other engineering apparatus.
EDUCATION:
Possession of a Bachelor’s Degree in Civil Engineering or closely related field. Possession of a master’s degree in civil engineering or public or business administration is desirable.
EXPERIENCE:
Minimum five (5) years of increasingly responsible experience in design and construction management of civil engineering projects, two (2) years of which equivalent to a Senior Civil Engineer. Municipal professional engineering and supervisory experience highly desirable.
LICENSE or CERTIFICATE:
Possession of a valid certificate of registration as a Professional Civil Engineer issued by the California State Board of Registration for Professional Engineers and Land Surveyors; possession of, or ability to obtain a valid Class C California Driver’s License.
MATERIAL AND EQUIPMENT USED:
Modern office equipment, personal computer and applications, (i.e. Word, Excel, Publisher, Power Point, Adobe Acrobat, Zoom Virtual Conferencing, Microsoft Teams, social media platforms such as Nextdoor, Facebook, Twitter, etc.)
PHYSICAL REQUIREMENTS:
Must possess mobility to use standard recreation/office equipment, including a computer; strength to lift and carry office and recreation materials weighing up to 35 pounds and to reach and stoop to participate in recreational activities; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone.
WORKING CONDITIONS:
While performing the essential functions of this classification the employee will work in an office environment and be mobile between multiple locations as required. The employee must be able to complete specific administrative tasks while maintaining availability to public for inquires and adequate response to stressful situations.
Adopted Date:
Status: Exempt
Proposed New Classification: November 13, 2023
Bargaining Unit: Teamsters Management Local 350
Compensation: $12,652 - $14,843
8.a
Packet Pg. 125 Attachment: New Job Description Principal Civil Engineer Classification 11.13.2023 ATT 2 (5522 : Approving Principal Civil Engineer Job
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Notice of Completion of the FY 2022-23 Pavement Resurfacing Project RECOMMENDED ACTION:
Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion of the FY 2022-23 Pavement Resurfacing Project; and authorize the City Manager to release the retention funds to the contractor.
STAFF CONTACT:
Raymund Donguines, P.E., Senior Civil Engineer
(650) 738-3768
[email protected]
Roland Yip, P.E., DPW Deputy Director
(650) 738-3771
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:
On March 28, 2022, City Council authorized the City Manager to Award and Execute a Construction Agreement and a Construction Management Agreement for the FY 2022-23 Pavement Resurfacing Project. The project included pavement overlay, cape seal, double slurry seal, slurry seal, microsurfacing, base repair, pavement striping and markings, and other miscellaneous related work. The project was funded by SB1, Measure W and Measure A funds.
There were three construction change orders issued to the contractor DRYCO Construction Inc. during construction in the amount of $154,661.11. The change orders were for converting culde-sacs from traditional chip seal to asphalt concrete overlay, changing conventional chip seal areas to rubberized chip seal, additional asphalt concrete tonnage, painted bulb-outs, and crosswalk improvements at Inverness Drive & Horizon Way. With the change orders, the final contractor construction cost for the project was $1,230,861.61.
As the project is now complete and staff is satisfied with the contractor’s work on the project, it is appropriate to record the formal Notice of Completion with the San Mateo County Recorder's Office. This recorded document is the legal notice that the City considers the project complete and that we intend to pay the contractor for the full and complete contract price. This also puts all subcontractors and suppliers on notice that if they have any claims for payment from the contractor, they have 30 days to file claims for payment against the City. This provision of contract law protects subcontractors from contractors who may not pay them properly. It also protects the City from claims for any nonpayment on the part of the contractor. The City withheld 5% of the contract amount, $61,543.08, as retention to make sure that all subcontractors and 9 Packet Pg. 126
Pacifica City Council 2
November 13, 2023
suppliers have been paid. The City will release the retention if no claims are received.
The City Manager is recommending the adoption of the attached resolution accepting completion of the project and the filing of the Notice of Completion (Attachment 1) with the San Mateo County Recorder's Office.
FISCAL IMPACT:
There is no fiscal impact associated with the filing of the Notice of Completion. The total project Source and Use of Funds table is shown below. The project balance will remain in the Measure A/Fund 09 for future pavement related projects.
Total Project Source and Use of Funds
SB1 $863,690.00
Measure W $385,486.00
Measure A/Fund 09 $350,000.00
Total Source of Funds $1,599,176.00
Construction Cost ($1,230,861.61)
Construction Management and Inspection Cost ($128,284.00) Total Use of Funds (1,359,144.61)
Project End Balance $240,031.39
ALTERNATIVE ACTION:
Council may choose not to adopt the resolution accepting completion of the project, but as the work has been satisfactorily completed, the contractor may file a claim against the City for nonpayment of retention, if there are no claims.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Approval of the Notice of Completion for the FY 2022-23 Pavement Resurfacing Project is consistent with the following Council adopted Goals:
• Improve and steward City infrastructure, streets and facilities: This project improved approximately 4.5 miles (19 street sections) of existing City streets and roads, which will prolong the life of the streets.
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
2023-11-13 Notice of Completion 2022-23 Pavement Resurfacing Attachment (PDF) 9 Packet Pg. 127
Pacifica City Council 3
November 13, 2023
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA
ACCEPTING COMPLETION AND DIRECTING THE CITY MANAGER TO FILE
NOTICE OF COMPLETION OF THE
FY 2022-23 PAVEMENT RESURFACING PROJECT
RESOLVED by the City Council of the City of Pacifica, California, that WHEREAS, the City Engineer of the said City has filed with the City Clerk of said City, his Certificate as to the completion of all the work provided to be done under and pursuant to the contract between said City and DRYCO Construction Inc., on March 28, 2022, and
WHEREAS, it appears to the satisfaction of this Council that said work under said contract has been fully completed as provided in said contract and the plans and specifications therein referred to,
NOW, THEREFORE, it is ordered as follows:
1. That acceptance of completion of said work be, and it is hereby, made and ordered.
2. That the City Manager is directed to file for record with the County Recorder of the County of San Mateo, Notice of Completion thereof, pursuant to Section 3093 of the Civil Code of the State of California. • • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of November 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
CITY OF PACIFICA
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 9 Packet Pg. 128
NOTICE OF COMPLETION
CITY OF PACIFICA
FOR THE FY 2022-23 PAVEMENT RESURFACING PROJECT
NOTICE IS HEREBY GIVEN, pursuant to Section 3093 of the Civil Code of the State of California, by Roland Yip, City Engineer of the City of Pacifica, California, that the contract awarded to DRYCO Construction Inc. on March 28, 2022, has been completed in accordance with the plans and specifications for said work filed with the City Clerk, and approved by the City Council of said City.
That said work and improvements were actually completed on the 20th day of October 2023 and that acceptance of completion of said work was ordered by the City Council of said City, adopted on the 13th day of November 2023, and that the name of the surety on the contractor's bond for labor and materials on said project is Travelers Casualty and Surety Company of America.
That said work consists, generally of roadway cape seals, double slurry seals, slurry seals, asphalt concrete grinding and paving, microsurfacing base repairs, pavement striping and markings and other miscellaneous related work.
Name and address of Owner: City of Pacifica
540 Crespi Drive
Pacifica, California 94044
Roland Yip, P.E.
City Engineer
VERIFICATION
The undersigned states that he is the City Engineer of the City of Pacifica and that he makes this verification on behalf of said entity; that he has read the foregoing, and knows the contents thereof, and that the facts stated therein are true.
Roland Yip, P.E.
City Engineer
Executed in Pacifica, California, on November 13, 2023.
9.a
Packet Pg. 129 Attachment: 2023-11-13 Notice of Completion 2022-23 Pavement Resurfacing Attachment (5513 : Notice of Completion of the FY 2022-23
9.a
Packet Pg. 130 Attachment: 2023-11-13 Notice of Completion 2022-23 Pavement Resurfacing Attachment (5513 : Notice of Completion of the FY 2022-23
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Storm Drain Easement Deed between 943 and 951 Anza Drive.
RECOMMENDED ACTION:
Adopt a Resolution Approving and Authorizing the City Manager to accept, on behalf of the City, the Storm Drain Easement Deed from the Tsan Living Trust & Hatch Living Trust and Kathleen Marie Curran and James McGarry for approximately 150 linear feet of public storm drain along the property line between 943 and 951 Anza Drive.
STAFF CONTACT:
Roland Yip, Deputy Director of Public Works, City Engineer [email protected]
(650) 738-3771
Lisa Petersen P.E., Director of Public Works
650-738-3767
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
During the FY 2023-24 Capital Improvements Program (CIP) budget approval process, the Council approved funding for the Anza/Arguello Interim Storm Drain Project. This project will help address flooding in lower Linda Mar.
On October 9th, 2023, the City Council approved a Master Agreement and Task Order 1 for Carollo Engineering for the Anza Interim Storm Drain design, and Agreement with Casey Construction for Anza Interim Storm Drain Project construction.
The lower Linda Mar area on Anza Drive at Arguello Boulevard has a history of flooding during large storm events as well as sewer spills when excess rainwater enters the sewer system filling the sewer to capacity. Public Works staff is in the process of applying for grants to build a more substantial storm water system in the lower Linda Mar area to address stormwater flooding.
Because the cost of this system is in the $6M range, and difficult to find grant funding for, the Council approved a lower cost interim stormwater system to move forward for the area while staff seeks funding for the larger project. This system would act as a redundant system to accommodate overflow from the existing system and would help mitigate flooding at 50-year storm conditions.
In April 2023, the City Manager signed an agreement with Carollo Engineers to begin a storm drain study of the Anza/Arguello area to determine if a lower cost interim storm drain system could be built in the area to help with intermittent flooding during large storm events. The study 10 Packet Pg. 131
Pacifica City Council 2
November 13, 2023
reviewed four options for the area. These included upsizing the western inlet at the Anza/Arguello intersection, connecting the 36” and 48” storm drainpipes downstream from the intersection, install a new storm drain along Anza and connecting this to the north end inlet, and the final alternative was to install a 15” drainpipe along Anza then through new backyard easements at 943/951 Anza Drive to the storm drain system that runs along Hwy 1.
Review of these alternatives showed that connecting the 36” and 48” drainpipes would not provide any meaningful flood mitigation and running a storm line on Anza to the north end inlet was not feasible due to limited slope and pipe cover. Carollo Engineers has determined that increasing the size of the Anza/Arguello inlet in conjunction with installing a new storm pipe along Anza and through the new backyard easements would be the most effective interim fix.
These residents have agreed to provide the City with the needed storm drain easement. This fix was shown in the study to help mitigate flooding during 50-year storm events.
The residents at 943/951 Anza Drive have signed the Grant of Easement for the installation of this drainpipe on their property (Attachment 1 and 2). This fix was shown in the study to help mitigate flooding during 50-year storm events. Due to the slopes and utilities in the area, this is the most robust storm system that can be constructed in the location. The system would help mitigate current flooding, however, as previously discussed, any large rain event that exceeds the capacity of a storm system can still cause flooding in an area. Because this area of Anza/Arguello is a low spot in the City, flooding may continue to occur for events that exceed the capacity of any size system the City constructs. Based on recent potholing of the gas lines, the design has been updated to allow for 2-12” lines to run down Anza to allow the storm drainpipes to avoid the PG&E gas lines that run along the street.
Due to the urgent nature of this interim storm drain work, the City Manager recommends that the Council adopt a resolution approving and authorizing the City Manager to accept, on behalf of the City, the storm drain easement deed from the Tsan Living Trust & Hatch Living Trust and Kathleen Marie Curran and James McGarry for approximately 150 linear feet of public storm drain along the property line between 943 and 951 Anza Drive.
FISCAL IMPACT:
There is no fiscal impact associated with these recommendations.
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
Attachment 1: Grant of Easement from 943 Anza (PDF)
Attachment 2: Grant of Easement from 951 Anza (PDF)
10 Packet Pg. 132
Pacifica City Council 3
November 13, 2023
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING AND
AUTHORIZING THE CITY MANAGER TO ACCEPT, ON BEHALF OF THE CITY, THE
STORM DRAIN EASEMENT DEED FROM THE TSAN LIVING TRUST & HATCH LIVING
TRUST AND KATHLEEN MARIE CURRAN AND JAMES MCGARRY FOR APPROXIMATELY 150 LINEAR FEET OF PUBLIC STORM DRAIN ALONG THE PROPERTY LINE BETWEEN 943 AND 951 ANZA DRIVE.
__________________________________________________________________________ WHEREAS, during the FY 2023-24 Capital Improvements Program (CIP) budget approval process, the City Council approved funding for the Anza/Arguello Interim Storm Drain Project; and
WHEREAS, the interim storm drain project will help to minimize flooding in the Anza/Arguello area that has historically experienced flooding during large storm events; and
WHEREAS, an agreement titled Grant of Storm Drain Easement (“Easements Agreement”), in the form attached as Attachment 1 and 2 has been prepared to provide the City with recorded easements for the installation and maintenance of the storm drain; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to:
Adopt a Resolution Approving and Authorizing the City Manager to accept, on behalf of the City, the Storm Drain Easement Deed from the Tsan Living Trust & Hatch Living Trust and Kathleen Marie Curran and James McGarry for approximately 150 linear feet of public storm drain along the property line between 943 and 951 Anza Drive.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of November 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 10 Packet Pg. 133
ATTACHMENT 1
10.a
Packet Pg. 134 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement)
10.a
Packet Pg. 135 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement)
10.a
Packet Pg. 136 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement)
10.a
Packet Pg. 137 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement)
10.a
Packet Pg. 138 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement)
10.a
Packet Pg. 139 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement)
10.a
Packet Pg. 140 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement)
10.a
Packet Pg. 141 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement)
10.a
Packet Pg. 142 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement)
10.a
Packet Pg. 143 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement)
10.a
Packet Pg. 144 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement)
10.a
Packet Pg. 145 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement)
10.a
Packet Pg. 146 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement)
10.a
Packet Pg. 147 Attachment: Attachment 1: Grant of Easement from 943 Anza (5498 : Accept Anza Storm Drain Easement) ATTACHMENT 2
10.b
Packet Pg. 148 Attachment: Attachment 2: Grant of Easement from 951 Anza (5498 : Accept Anza Storm Drain Easement)
10.b
Packet Pg. 149 Attachment: Attachment 2: Grant of Easement from 951 Anza (5498 : Accept Anza Storm Drain Easement)
10.b
Packet Pg. 150 Attachment: Attachment 2: Grant of Easement from 951 Anza (5498 : Accept Anza Storm Drain Easement)
10.b
Packet Pg. 151 Attachment: Attachment 2: Grant of Easement from 951 Anza (5498 : Accept Anza Storm Drain Easement)
10.b
Packet Pg. 152 Attachment: Attachment 2: Grant of Easement from 951 Anza (5498 : Accept Anza Storm Drain Easement)
10.b
Packet Pg. 153 Attachment: Attachment 2: Grant of Easement from 951 Anza (5498 : Accept Anza Storm Drain Easement)
10.b
Packet Pg. 154 Attachment: Attachment 2: Grant of Easement from 951 Anza (5498 : Accept Anza Storm Drain Easement)
10.b
Packet Pg. 155 Attachment: Attachment 2: Grant of Easement from 951 Anza (5498 : Accept Anza Storm Drain Easement)
10.b
Packet Pg. 156 Attachment: Attachment 2: Grant of Easement from 951 Anza (5498 : Accept Anza Storm Drain Easement)
10.b
Packet Pg. 157 Attachment: Attachment 2: Grant of Easement from 951 Anza (5498 : Accept Anza Storm Drain Easement)
10.b
Packet Pg. 158 Attachment: Attachment 2: Grant of Easement from 951 Anza (5498 : Accept Anza Storm Drain Easement)
10.b
Packet Pg. 159 Attachment: Attachment 2: Grant of Easement from 951 Anza (5498 : Accept Anza Storm Drain Easement)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Resolution Authorizing Task Order No. 1 with Hazen and Sawyer, Inc. under the On-Call Electrical Engineering Services Master Consultant Agreement for Engineering Design Services for the Rockaway Pump Station Rehabilitation and Repair Project RECOMMENDED ACTION:
Move to Approve a Resolution Authorizing Task Order No. 1 with Hazen and Sawyer, Inc. under the On-Call Electrical Engineering Services Master Consultant Agreement in the amount of $66,600 for the Rockaway Pump Station Rehabilitation and Repair Project; Approve budget authority in the amount of $9,990 which includes 15% contingency in the amount of $76,590; and Authorize the City Manager to execute all documents related to the project.
STAFF CONTACT:
Daniel Patten, P.E., Engineering Manager (Wastewater)
(650) 922-7248
[email protected] <mailto:[email protected]>
Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected] <mailto:[email protected]>
BACKGROUND/DISCUSSION:
On June 26, 2023, during the FY 2023-24 Capital Improvements Program (CIP) budget approval process, the Council approved funding for the Rockaway Pump Station Rehabilitation and Repair Project (Project).
Improvements to the Rockaway Pump Station area were previously identified in the City of Pacifica Pump Stations Condition Assessment Report. The emergency generator at the pump station is nearing the end of its useful life, and the City requires engineering services to select a trailer-mounted portable emergency generator which can be connected to the pump station.
This project will include designing electrical components to connect the generator to pump station equipment. This project will maintain reliability of the Rockaway Pump Station and ensure sanitary sewer service during storms and emergency events.
On August 17, 2023, the City advertised a Request for Proposals (RFP) to solicit proposals from On-Call Electrical Engineering design teams (Consultants) to design and develop construction bid documents for the Project. Then on September 22, 2023, three consultants submitted Project proposals: Beecher Engineering Inc, TJC and Associates, Inc., and Hazen and Sawyer.
The table below summarizes the fee and level of effort for each consultant.
Proposer Fee Level of Effort (Hours)
Beecher Engineering Inc. $74,060 322
TJC and Associates, Inc. $88,078 436
Hazen and Sawyer $66,600 290
11 Packet Pg. 160
Pacifica City Council 2
November 13, 2023
As required by state Public Contracts Code, the RFP utilized a qualifications-based selection (QBS) approach to ensure the City selected the most qualified Consultant for this critical Project. From September 22 to October 6, Staff reviewed the proposals based on the following criteria:
• Fees and Level of Effort
• Project Understanding and Approach
• Project References
• Team References
Hazen and Sawyer provided a qualified team and the lowest fee of the three proposals received. Moreover, Hazen and Sawyer provided a team experienced in generator design and pump station improvement projects. Their proposed team has recently designed similar projects for the City of Santa Rosa and Napa Sanitation District. These projects included elements which will be critical to the success of these Projects, including experience in pump station and emergency generator design. Because of the above reasons, City staff ranked Hazen and Sawyer first and determined that they are the most qualified to perform the engineering design of the Project.
The following table summarizes the schedule anticipated for the Rockaway Pump Station Rehabilitation and Repair Project:
Description Date
Council Approval of Engineering Agreement November 13, 2023 Notice to Proceed Mid-November 2023
100-Percent (Final) Design March 2024
Bidding April - May 2024
This proposed schedule will allow Project Construction to commence in Summer 2024.
ALTERNATIVE ACTION:
Council may choose not to approve Task Order No. 1; however, this will result in project delays, and possible increases of design and construction costs. Staff does not recommend this alternate action.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Approval of the Annual Purchase Orders is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure and Maintaining a Safe Community:
The Project will improve the reliability of the Rockaway Pump Station. This work is anticipated to reduce the risk of pump station failures and increase the maintenance costs of the system.
FISCAL IMPACT:
The cost of Task Order No. 1 is $66,600. City staff recommends including a 15% contingency to 11 Packet Pg. 161
Pacifica City Council 3
November 13, 2023
the Task Order for any additional design work due to the complexity of the project. The Source and Use of Funds spreadsheet is shown below.
Use of Funds
Task Order No. 1 - Engineering Design Services $ 66,600 Contingency (15%) $ 9,990
Total Use of Funds $ 76,590
Project Fund Source
Enterprise Fund (Fund 34) $100,000
Account No 34.900000.52800.C006.000
Total Project Fund Source $100,000
Estimated Project Fund End Balance $ 23,410
The present budget will be sufficient to complete design tasks. No additional budget authority is necessary as sufficient funds have been allocated in the Wastewater Enterprise Fund FY 2023- 24 budget for the design phase of the project.
ORIGINATED BY:
Public Works - Wastewater Division
ATTACHMENT LIST:
Rockaway Pump Station Rehabilitation and Repair Project Task Order 1 (PDF) Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (PDF)
11 Packet Pg. 162
Pacifica City Council 4
November 13, 2023
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING TASK ORDER NO. 1 WITH HAZEN AND SAWYER, INC. FOR
ENGINEERING DESIGN SERVICES FOR THE ROCKAWAY PUMP STATION
REHABILITATION AND REPAIR PROJECT
WHEREAS, During the FY 2023-24 Capital Improvements Program (CIP) budget approval process, the City Council approved funding for the Rockaway Pump Station Rehabilitation and Repair (Project); and
WHEREAS, The Project includes but is not limited to the engineering design and construction of the Project; and
WHEREAS, Improvements to the Rockaway Pump Station area were identified in the City’s Pump Stations Condition Assessment Report. The Project will include selecting a temporary portable emergency generator and designing the necessary electrical components to connect to the Rockaway Pump Station; and
WHEREAS, On August 17, 2023 the City advertised a Request for Proposal (RFP) to solicit proposals from On-Call Electrical Engineering Consultants to design and develop construction bid documents for the Project. Then on September 22, 2023, three consultants provided proposals for the Project; and
WHEREAS, As required by state Public Contracts Code, the RFP utilized a qualifications-based selection (QBS) approach to ensure the City selected the most qualified Consultant for this critical Project; and
WHEREAS, City staff ranked Hazen and Sawyer, Inc. first and determined that they are the most qualified to perform the engineering design of the Project; and WHEREAS, The City Council has considered the City Manager’s recommendation to authorize Task Order No. 1 with Hazen and Sawyer, Inc.; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to Authorize Task Order No. 1 with Hazen and Sawyer, Inc. for engineering design services in the amount of $66,600 for the Rockaway Pump Station Rehabilitation and Repair Project; Approve budget authority in the amount of $76,590 which includes 15% contingency in the amount of $9,990; and Authorizing the City Manager to execute all documents related to the Project. • • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of November 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
11 Packet Pg. 163
Pacifica City Council 5
November 13, 2023
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 11 Packet Pg. 164
11.a
Packet Pg. 165 Attachment: Rockaway Pump Station Rehabilitation and Repair Project Task Order 1 (5509 : Rockaway Pump Station Rehabilitation And Repair
11.a
Packet Pg. 166 Attachment: Rockaway Pump Station Rehabilitation and Repair Project Task Order 1 (5509 : Rockaway Pump Station Rehabilitation And Repair
11.a
Packet Pg. 167 Attachment: Rockaway Pump Station Rehabilitation and Repair Project Task Order 1 (5509 : Rockaway Pump Station Rehabilitation And Repair
11.a
Packet Pg. 168 Attachment: Rockaway Pump Station Rehabilitation and Repair Project Task Order 1 (5509 : Rockaway Pump Station Rehabilitation And Repair
11.a
Packet Pg. 169 Attachment: Rockaway Pump Station Rehabilitation and Repair Project Task Order 1 (5509 : Rockaway Pump Station Rehabilitation And Repair
11.a
Packet Pg. 170 Attachment: Rockaway Pump Station Rehabilitation and Repair Project Task Order 1 (5509 : Rockaway Pump Station Rehabilitation And Repair
11.a
Packet Pg. 171 Attachment: Rockaway Pump Station Rehabilitation and Repair Project Task Order 1 (5509 : Rockaway Pump Station Rehabilitation And Repair
11.a
Packet Pg. 172 Attachment: Rockaway Pump Station Rehabilitation and Repair Project Task Order 1 (5509 : Rockaway Pump Station Rehabilitation And Repair
11.a
Packet Pg. 173 Attachment: Rockaway Pump Station Rehabilitation and Repair Project Task Order 1 (5509 : Rockaway Pump Station Rehabilitation And Repair
11.b
Packet Pg. 174 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 175 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 176 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 177 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 178 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 179 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 180 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 181 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 182 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 183 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 184 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 185 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 186 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 187 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 188 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 189 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 190 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 191 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 192 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 193 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 194 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 195 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
11.b
Packet Pg. 196 Attachment: Approved-2-Hazen and Sawyer OCA Electrical Engineering Agreement- WW-8-10-2021 - signed (5509 : Rockaway Pump Station
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Adopt Resolution Authorizing Application and Administration of CalRecycle Grants RECOMMENDED ACTION:
Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Authorizing Submittal of Individual Grant Applications for all CalRecycle Grants for which the City of Pacifica is Eligible.”
STAFF CONTACT:
Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:
In December of 2021, the City Council adopted an ordinance titled “Mandatory Organic Waste Disposal” to comply with state-mandated regulations surrounding SB 1383. SB 1383 refers to state regulations specific to solid waste reduction in California with the goal of reducing methane emissions. The focus of the law is to establish requirements for recycling organic waste and recovering edible food from residential and commercial waste generators to help fight climate change and improve public health and the environment.
Recology assists the city on implementation of components of the SB 1383 law such as pickup/processing of organic waste, monitoring of organic waste disposal and reporting. Also, San Mateo County (County) has assisted San Mateo cities in some of the more difficult requirements of the law such as the Edible Food Recovery Program (i.e. recovering food from facilities such as grocery stores for redistribution). In addition, the County is assisting with the SB 1383 requirement related to developing a procurement program for recycled organic waste products. Due to the inability for most cities to find a place to store the quantity of recycled products required by SB 1383 and the prohibitive cost, the County has developed an organic procurement program that supports farms and ranches and an educational outreach program that San Mateo cities can join to assist with meeting their SB 1383 procurement requirement.
Recently, the city received credit for our SB 1383 procurement requirement by contributing to this program through a $54,428 grant Pacifica received from CalRecycle in April of 2022. There is a new grant opportunity from CalRecycle currently out where the city may be eligible to receive $34,806. Staff is interested in submitting for this grant opportunity, and if the grant is awarded, the city would continue to support the County procurement program with these funds to meet our SB 1383 procurement requirements.
In order to submit the grant application, CalRecycle is requiring a new grant resolution be approved by the City Council. The resolution authorizes the submittal of the application to CalReycle, identifies the City Manager as authorized to sign all grant related documents and allows a 5-year period for the authorizations. The City Manager recommends adopting a Resolution authorizing submittal of applications for all CalRecycle grants for which the City of Pacifica is eligible.
12 Packet Pg. 197
Pacifica City Council 2
November 13, 2023
ALTERNATIVE ACTION:
The Council may choose not to adopt the resolution. This could result in the City not meeting the mandated requirements of SB 1383. Staff does not recommend this alternative action.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• Pursue climate change adaptation and mitigation: The CalRecycle grant funds will be used to support the County’s organic procurement program, helping to reduce methane gas emissions.
FISCAL IMPACT:
There is no fiscal impact related to this action.
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
12 Packet Pg. 198
Pacifica City Council 3
November 13, 2023
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING
SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS FOR ALL CALRECYCLE GRANT
PROGRAMS FOR WHICH THE CITY OF PACIFICA IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedure governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE BE IT RESOLVED that the Governing Board of the City of Pacifica authorizes the submittal of applications to CalRecycle for all grants for which the City of Pacifica is eligible; and
BE IT FURTHER RESOLVED that the City Manager, or their designee, is hereby authorized and empowered to execute in the name of the City of Pacifica all grant documents including but not limited to applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project; and BE IT FURTHER RESOLVED that these authorizations are effective for five years from the date of adoption.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of November 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 12 Packet Pg. 199
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
On-Call Certified Arborist Services
RECOMMENDED ACTION:
Adopt a Resolution approving the Consultant Services Agreement between the City of Pacifica and Dudek for On-Call Certified Arborist Services in the amount of $300,000 for three-years and authorize the City Manager to execute all documents related to the On-Call Certified Arborist Services.
STAFF CONTACT:
Raymund Donguines, P.E., Senior Civil Engineer
(650) 738-3768
[email protected]
Roland Yip, P.E., DPW Deputy Director/City Engineer
(650) 738-3771
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
Christian Murdock, AICP, Planning Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:
On August 22, 2022, City Council approved an ordinance repealing and replacing Chapter 12 (Preservation of Heritage Trees) and Chapter 14 (Maintenance and Preservation of City Trees) within Title 4 of the Pacifica Municipal Code. The Tree Preservation Ordinance, enacted on October 12, 2022, included changes to meet both the Pacifica community’s needs, as well as Industry Best Management Practices for tree preservation.
During the September 11, 2023 Council meeting, staff discussed the current Tree Permit Fee with the Council. It was decided during this meeting to keep the current Tree Permit Fee in place to allow staff to collect more data related to costs and number of permits issued. This would then allow for another discussion on the issue when considering updating the master fee schedule in the spring. The Council also asked staff to review a number of questions related to the trees prior to this next discussion. On October 23, 2023, City Council approved an Amendment 1 to Task Order No. 2 between the City of Pacifica and NCE for On-Call Certified Arborist Services. The City engaged NCE to serve temporarily as on-call arborist until a Request for Proposals and long-term contract could be put into place. The total compensation under the Task Order No. 2 was about to be exceeded and additional fees were needed until a 13 Packet Pg. 200
Pacifica City Council 2
November 13, 2023
new arborist consultant contract is in place. NCE will continue to review tree permits until contract agreements are executed and Dudek is ready to take over the arborist services.
In order to effectively administer the new tree preservation ordinance, the City requires the services of an On-Call Certified Arborist. The City requires a professional with experience reviewing and interpreting arborist reports, evaluating construction processes adjacent to existing trees, interpreting, and implementing tree preservation ordinances and providing professional opinions for the protection of trees.
Use of outside arborist services is critical for efficient processing of applications and review of any impacted trees associated with development. Certified arborists provide specialized expertise regarding both tree health and suitability for tree removal or pruning. In addition, their expertise can be applied to provide applicants with measures on how to save trees rather than remove them. The increased focus on the importance of trees requires reliance on contract arborists to ensure that tree permits are processed efficiently and objectively.
Staff released the Request for Proposals (RFP) for a long-term contract for an On-Call Certified Arborist Services on August 23rd, 2023. Three firms submitted proposals by the due date of September 28, 2023. Engineering Division and Planning Department staff reviewed the submitted Proposals for the On-Call Certified Arborist from three consultants:
1.) BioMaAS, Inc.
2.) Dudek
3.) Horticultural Associates
Consultant oral panel interviews, with a panel comprised from Engineering Division and Planning Department, were conducted on October 5, 2023. The interviews were scored based upon the Consultants’ Experience in Similar Projects, Quality of Key Staff, Thought-out Scope and Approach, Understanding of Potential Issues and Capacity for Innovative Idea as criteria for selection. Staff also checked the consultant references, and they were all positive. Based upon the criteria above and reference checks, Dudek is selected by staff to proceed with the On-Call Certified Arborist Services.
Dudek specializes in providing on-call responsive arboricultural consulting services while also being cost-conscious. Dudek assists municipalities with on-call arboricultural consulting and technical services, including field inspections, tree assessments and measurements, on-site monitoring, tree impact assessment and mitigation program development, tree risk assessments, and preparation of written technical reports. Their urban forestry and arboriculture professionals have diverse backgrounds and expertise to provide a well-rounded perspective for urban tree assessment, mapping, and management. In addition, Dudek has a number of arborists that are employed that will allow for coverage of the city’s needs should the Dudek primary arborist contact become unavailable.
Although Dudek’s hourly rates were slightly higher than one of the consultants, in discussion with Dudek, they discussed cost efficiencies such as field reviewing a number of trees during visits to the city, which will help keep down costs. Based on Dudek’s proposal, the consultant cost to review and prepare findings for a new tree permit application will range between $343 and $434, the cost to review and prepare findings for a security deposit release will range between $312 and $392, and the cost to prepare staff reports will range from $500 to $660 and will be billed on a time and materials basis. Dudek’s proposed cost to review tree permits is similar to the estimated amounts that were presented at the City Council meeting on September 11, 2023 for the Discussion of the Tree Permit Fee, thus, consistent with the annual amount staff has proposed for Dudek’s on-call arborist services. Furthermore, staff will continue to review and improve processing of tree permit applications eventually to further reduce the 13 Packet Pg. 201
Pacifica City Council 3
November 13, 2023
overall cost for applicants when possible.
The City Manager recommends adopting the resolution and approving the Consultant Services Agreement between the City of Pacifica and Dudek (Attachment "1"), for the On-Call Certified Arborist Services.
ALTERNATIVE ACTION:
Alternative Action would be to not adopt the resolution which would delay reviews of Tree, Building and Encroachment Permits. Staff does not recommend this alternative action.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• Pursue climate change adaptation and mitigation: Includes continuing the urban forestry plan, tree canopy goals, inventory, and projects. Adopting the resolution will protect trees throughout Pacifica.
FISCAL IMPACT:
The contract will be $300,000 over a 3-year period, projecting needs of around $100,000 per year. Initially the funds will be taken from unallocated general fund but are anticipated to be reimbursed through the Tree Permit Fees or Land Development Fees and Building Permit Fees.
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
Consultant Services Agreement between the City of Pacifica and Dudek (PDF) 13 Packet Pg. 202
Pacifica City Council 4
November 13, 2023
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF PACIFICA AND DUDEK FOR ON-CALL CERTIFIED ARBORIST SERVICES IN THE AMOUNT OF $300,000 OVER THREE-YEARS; AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
RELATED TO THE ON-CALL CERTIFIED ARBORIST SERVICES
WHEREAS, the City adopted the updated Tree Ordinance on October 12, 2022; and WHEREAS, a Certified Arborist is required to assist in implementing the Tree Ordinance; and
WHEREAS, Dudek specializes in providing on-call arboricultural consulting services; and WHEREAS, the City evaluated Dudek’s proposal, and is satisfied they can successfully complete the work.
THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to Approve the Consultant Services Agreement between the City of Pacifica and Dudek, in an amount not to exceed $300,000 for a contract term of three-years; and authorize the City Manager to execute all documents related to the On-Call Certified Arborist Services. • • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of November 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 13 Packet Pg. 203
- 1 -
AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this 13th day of November, 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and DUDEK [a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires On-Call Certified Arborist Services to effectively administer the new tree preservation ordinance; and
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed consistent with the professional skill and care ordinarily provided by Certified Arborist practicing in the same or similar locality under the same or similar circumstances. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services.
Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 204 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) - 2 -
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause. Notwithstanding the foregoing, trade secret/confidential information does not include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by CITY; (ii) becomes publicly known and made generally available after disclosure by CITY through no action or inaction of CONSULTANT; (iii) is already in the possession of CONSULTANT at the time of disclosure by CITY as shown by CONSULTANT’s files and records immediately prior to the time of disclosure; (iv) is obtained by CONSULTANT from a third party without a breach of the third party’s obligations of confidentiality; (v) is independently developed by CONSULTANT without use of or reference to CITY’s proprietary information, as shown by documents and other evidence in CONSULTANT’s possession; or (vi) is required by law to be disclosed by CONSULTANT, provided that CONSULTANT gives CITY prompt written notice of the requirement prior to disclosure and, if requested by CITY, assists in trying to obtain an order protecting the information from public disclosure.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall become the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT. Notwithstanding the foregoing, any reuse of the Documents beyond the original purpose for which it was created, and any modifications of the Documents shall be at CITY’s sole risk.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 205 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) - 3 -
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $100,000 annually ("Cost Ceiling").
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by December 31, 2026.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 206 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) - 4 -
4.1. CITY Contact. CITY designates Roland Yip, PE, its Deputy Public Works Director/City Engineer, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates Jeremy Cawn as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.
CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense. The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 207 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) - 5 -
$2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (crossliability endorsement); • Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 208 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) - 6 -
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: City Manager
170 Santa Maria Avenue
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: Joseph Monaco
President/CEO
1630 San Pablo Avenue, Suite 300
Oakland, CA 94612
Phone: (510) 601-2500
Email: [email protected]
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 209 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) - 7 -
ARTICLE 7 - MISCELLANEOUS
7.1. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.2. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.3. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.4. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.5. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
7.6. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.7. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.8. Attorney’s Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
7.9. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 210 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) - 8 -
by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.10. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.11. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT: DUDEK
By: Date
Joseph Monaco, President/CEO
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE October 30, 2023
13.a
Packet Pg. 211 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services)
EXHIBIT A
SCOPE OF WORK
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 212 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) On-Call Certified Arborist Services 1
Understanding and Approach
Project Understanding
Dudek understands that trees are one of the City’s most important landscape features and that the City is dedicated to protecting and maintaining its urban forest. We also understand that this requires the City to hire a firm that will actively manage their urban forest through tree preservation programs that apply to public and private trees; manage tree removal permit programs; review proposed development projects for tree impacts and provide reports to the City on the potential impacts to nearby protected trees; and to manage a street/public tree care program that includes trimming, removal, and replanting.
Project Approach
The following describes our approach to providing on-call arborist services to the City.
PROJECT MANAGEMENT AND DATA COLLECTION
At the beginning of our contract with the City, Dudek project staff will participate in a kickoff meeting with City staff to introduce all key project staff; describe the purpose of and the expectations of the contract; describe team member roles; review the City policies and procedures for preparing tree reports, permits, and inspections; define contract timelines; and familiarize Dudek project staff with the City’s record keeping and permitting system. After the kickoff meeting, Dudek will provide on-call arborist services by collecting contract work information, such as permit review requests, and scheduling a day when project arborists will perform tree inspections. If preferred by City staff, Dudek will establish a specific day during the week when project arborists will come to the City for tree inspections.
Dudek assumes that the kickoff meeting will be in-person, but Dudek project staff are available to meet virtually via Zoom or a similar platform if needed. While Dudek assumes that only one kickoff meeting is needed to begin the contract, Dudek project staff will be available to meet with City staff as needed when there are changes to City procedures.
Dudek staff will also be available to ride along with City staff during the first few weeks after the kickoff meeting to become familiar with the City and to ensure that project staff are adhering to City procedures.
MANAGEMENT OF PUBLIC AND PRIVATE TREES
Project arborists will collect new tree permit requests from the City as they are processed and made available by the City. Project arborists will begin the permit review process by conducting the necessary permit review of tree location, species, and site conditions. If the tree is not accessible from the public right of way, a project arborist will contact the applicant and schedule a meeting at the property. Project arborists will notify the applicant during the review if there are any missing elements, such as the arborist report.
Project arborists will then inspect the tree to assess the general condition of the tree and determine if the DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 213 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) On-Call Certified Arborist Services 2
permit request meets the criteria described in Chapter 12 of the City’s municipal code. Finally, project arborists will submit their recommendations to the City to approve or deny the permit. If preferred by the City, project arborists will create the permit or denial form for the City and notify the applicant.
Project Timeline: Dudek will adhere to the schedule described in the municipal code by reviewing permit applications, inspecting trees, and submitting permit approval or denial recommendations in 14 calendar days.
If the applicant appeals a tree permit denial, then a project arborist will prepare a report for City staff to present at the relevant commission meeting. The report will include a description of the site, a summary of the tree condition, and a description of the reasons why the permit was denied. Photos and maps will be included in these reports to provide support for the decision to deny the permit.
INSPECTION OF PUBLIC AND PRIVATE TREES
A project arborist will collect development permits issued by the City where protected trees are present, and the inspection for the security deposit release is due in the next 30 calendar days. For each security deposit release, a project arborist will review information about the development permit, including site plans, tree preservation plans, and City comments or conditions related to the development permit. Project arborists will then contact the development permit holder to schedule the inspection of the trees listed on the development plans or in the tree preservation plans. Next, a project arborist will visit the site and inspect each tree listed on the development plans or in the tree preservation plans to assess the current condition of the trees, compare the current condition to the condition described in the development plans or in the tree preservation plans, and determine if any permanent damage has occurred. Finally, a project arborist will create and submit a report to the City on the condition of the tree(s) at the site and whether the security deposit can be released or if the funds should be forfeited.
Project Timeline: Dudek anticipates a 14 calendar-day timeline for processing security deposit release inspections and preparing the report for the city.
Quality Control / Quality Assurance
At Dudek we take great pride in delivering consistently high-quality reports. Meeting this standard requires discipline, which is why we implement a rigorous quality assurance/quality control (QA/QC) process for all client deliverables. The cornerstones of our program are outlined below.
Open Communication. During the start-up phase of the project, the PM and project arborist will review our approach and the deliverables we produce with the City to ensure that the permit reviews, security deposit reports, and arborist reports meet the City’s needs for an on-call arborist. After the start up phase the PM would set up recurring meetings with the City to review the work project staff have performed.
Deliverable Review. The PM will periodically review the approach and deliverables prepared by the project arborists to tree permit applications, security deposit release reports, and arborist reports. The intent will be to be ensure project arborist are meeting the city’s needs for the on-call arborist. Since the PM is also acting as a project arborist, the PM’s work will be periodically reviewed by one of the project arborists.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 214 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) On-Call Certified Arborist Services 3
Company Information
Dudek brings extensive experience in arboricultural and forestry consulting services, as well as civil engineering, biological and botanical assessments, regulatory permitting, stormwater compliance, unmanned aerial vehicle (drone) mapping, geographic information system (GIS) modeling and analysis, and California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) compliance. The Dudek advantage is that we can truly take a project from conception through implementation, setting us apart from traditional arboricultural and forestry firms that often lack environmental and other supporting services.
Dudek has one of the state’s most diverse urban forestry practices, with expertise in a variety of urban and wildland forestry specialties.
Our certified and licensed forestry professionals bring valuable insight to both rural and urban forestry management issues, including creative approaches to difficult and controversial projects.
Arboriculture Expertise
Dudek’s Arboriculture team understands the need to maximize the ecological and aesthetic benefits of trees and forests while balancing the need for tree and forest management activities. Dudek arborists prepare management plans to promote individual tree or forest health, minimize risk, and protect assets and special-status resources. Dudek provides practical solutions for tree and forest management, and we offer the following professional services:
Individual tree, stand, and urban forest evaluation
Tree risk assessment using established assessment protocols (i.e., ISA Tree Risk Assessment Qualifications)
Technical evaluation of individual trees and assessment of health and structural condition Pest and disease assessment and recommendation
Tree inventory and GPS mapping
Findings presentation to decision-making bodies
Tree appraisal
Carbon sequestration and environmental benefits analysis of individual trees/forests Tree maintenance specification preparation
GIS data collection and management
Technical report, management plan, and CEQA document preparation related to tree and forest management
COMPANY
INFORMATION
Organization Type
Corporation
Single Point of Contact
Jeremy Cawn
510.601.2507
[email protected]
Main Office
605 Third Street
Encinitas, California 92024
760.942.5147
Oakland Office
1630 San Pablo Avenue, Suite
300, Oakland, California 94612
510.601.2500
Auburn Office
853 Lincoln Way, Suite 105
Auburn, California 95603
530.887.8500
Santa Barbara Office
621 Chapala Street
Santa Barbara, California 93101
805.963.0651
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 215 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) On-Call Certified Arborist Services 4
Litigation History
The following is a summary of Dudek’s legal claims or contract terminations in last five years involving professional consulting services:
LITIGATION OR ARBITRATION WHERE DUDEK WAS
DEFENDANT
City of Carlsbad vs. Ledcor Construction Inc.
On June 13, 2016, the City of Carlsbad filed a civil complaint in California Superior Court, County of San Diego, against Ledcor Construction Inc. Dudek was named as a co-defendant. The project architect, RRM Design Group, was also later named as a defendant. The suit was related to construction of the City’s First Responder Training Center. Dudek served as construction manager for the City on the project. Dudek denied any liability in the matter. The matter has been resolved between the City and Dudek and was dismissed in August 2019.
Terra Lago Community Association v. Indo Land Ventures, LLC, et al.
On November 12, 2015, Terra Lago Community Association sued Indio Land Ventures for alleged construction defects arising out of the construction of a residential development complex located in Indio, California. Dudek was named as one of many cross-defendants for its role in preparing the lake-liner design; the other parties were involved in various construction aspects of the lake. Dudek did not participate in any supervision or other construction management activities. Plaintiff initially demanded $25,275 to settle the claims against Dudek, and their claims ultimately resolved in full for $10,000. The parties executed a settlement and release agreement which the Court approved, and the case was dismissed in 2019.
Elsinore Valley Municipal Water District v. Water Works Engineers, LLC, et al.
On November 12, 2021, Elsinore Valley Municipal Water District (the “District”) filed a civil complaint against Water Works Engineers, LLC (WWE) in California Superior Court, County of Riverside, for alleged design defects in a water reclamation facility. The District filed a first amended complaint against WWE on September 26, 2022, for breach of contract and professional negligence. WWE subsequently cross-claimed against the construction firm as well as Dudek (and other firms) for its role as construction manager. Dudek was not involved in the design of the project, denies any liability, and intends to defend itself vigorously.
CONTRACT TERMINATIONS INVOLVING PROFESSIONAL CONSULTING SERVICES In 2019, the City of Santa Barbara terminated a contract with Dudek’s Santa Barbara office for Design and Preliminary Environmental Review for the Santa Barbara Police Station Project. Subsequent to that termination, and after contracting with a different Dudek team, Dudek was able to complete work for this project to the City’s satisfaction. Further, the City has continued to enter into new contracts with Dudek for projects.
AFFIRMATIVE
STATEMENT
Dudek can confirm that it is
independent of the City as
defined by generally accepted
auditing standards of the U.S.
General Accounting Office's
Government Auditing Standards
(1994).
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 216 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) On-Call Certified Arborist Services 5
Company Personnel
The firm’s capacity and capability to perform the required work involves having enough of the right people where and when you need them. Dudek’s project team, outlined in Table 2, has technical expertise throughout California, with extensive experience in Northern California and the Bay Area, and possesses all the necessary capabilities to provide the required scope of services.
Key Personnel
Project Manager and Lead Arborist Jeremy Cawn is a Certified Arborist with the Tree Risk Assessor Qualification (TRAQ) and a Registered Professional Forester (RPF) with 10 years’ experience in the urban forestry field, specializing in municipal tree management and tree risk assessment in developed and undeveloped areas throughout California. We have assembled a team with the knowledge and specific expertise to provide the services outlined in the RFP.
Table 2 presents the Dudek team’s roles, years’ experience, contact information, areas of specialization, and relevant experience.
Table 2. Staff Expertise
Staff
Member/Title Yrs. Exp. Contact Information Assigned Area of Work Relevant Experience Jeremy Cawn, RPF,
TRAQ
Project Manager/
Lead Arborist
10 [email protected]
510.601.2507
Urban forest
inventory and
management
Hazard tree
assessments
Vegetation
management
planning
East Bay Regional
Park District on-call
consulting arborist,
Alameda County
Walnut Creek
Arborist Services,
Contra Costa
County
Cattle Hill Fuel
Reduction Project,
San Mateo County
Scott Eckardt, RPF
Staff Arborist
24 [email protected]
530.863.4650
Woodland and
forest inventories
Fire and fuel
hazard conditions
assessment
Vegetation
management
planning
Oakland Hills
Vegetation
Management Plan,
Alameda County
State Route 17
Shaded Fuel Break
Project, Santa Clara
County
Hazardous Fuels
Reduction Program,
San Mateo County
AFFIRMATIVE
STATEMENT
Dudek can confirm that our
company and assigned key
personnel are properly licensed
to practice in California.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 217 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) On-Call Certified Arborist Services 6
Table 2. Staff Expertise
Staff
Member/Title Yrs. Exp. Contact Information Assigned Area of Work Relevant Experience Jonah Malenfant
Staff Arborist
4 [email protected]
510.636.5642
Street tree
inventories
Forest Inventory
City of Pleasanton
Urban Forest
Management Plan
Walnut Creek
Arborist Services,
Contra Costa
County
Jared Davis,
TRAQ
Staff Arborist
4 [email protected]
831.600.1406
Forest inventories
Environmental
documentation
Urban Forest
Management
City of Pleasanton
Urban Forest
Management Plan
City of Alameda
Urban Forest
Management Plan
San Mateo County
Tree Ordinance
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 218 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services)
EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:
1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.
2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.
3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.
Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 219 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services)
EXHIBIT B
-1
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 220 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) On-Call Certified Arborist Services
Price Proposal
Table 4 presents the hourly billing rates associated with Dudek’s 2023 Fee Schedule for proposed staff.
Table 4. Staff Billing Rates
Role/Staff Classification Hourly Rate
Project Manager $165
Staff Arborist $125
The following cost estimates include mileage and travel time to the City for tree inspections. Dudek assumes that project staff will travel to the City to perform several tree inspections and that mileage expenses as well as travel time, will be divided amongst several permits or security releases.
Based on the rates published in our fee schedule, Dudek estimates the following:
The cost to review and prepare findings for new tree permit applications will range between $343 and $434.
The cost to review and prepare findings for a security deposit release will range between $312 and $392. The cost to prepare staff reports will range from $500 to $660 and will be billed on a time and materials basis. It is assumed that the site visit was previously performed and that additional field work is not required.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 221 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services) DUDEK 2023 Standard Schedule of Charges
EFFECTIVE JANUARY 1, 2023
2023 PRates FINAL
Engineering Services
Project Director ......................................................................$335.00/hr Principal Engineer lll ..............................................................$305.00/hr Principal Engineer II ...............................................................$295.00/hr Principal Engineer I ................................................................$285.00/hr Program Manager ..................................................................$275.00/hr Senior Project Manager .........................................................$275.00/hr Project Manager.....................................................................$265.00/hr Senior Engineer III..................................................................$260.00/hr Senior Engineer II ..................................................................$250.00/hr Senior Engineer I ...................................................................$240.00/hr Project Engineer IV/Technician IV .........................................$230.00/hr Project Engineer llI/Technician III..........................................$220.00/hr Project Engineer lI/Technician II............................................$205.00/hr Project Engineer I/Technician I .............................................$185.00/hr Senior Designer II...................................................................$210.00/hr Senior Designer I....................................................................$205.00/hr Designer .................................................................................$195.00/hr Assistant Designer .................................................................$190.00/hr CADD Operator III ...................................................................$185.00/hr CADD Operator II ....................................................................$175.00/hr CADD Operator I .....................................................................$160.00/hr CADD Drafter..........................................................................$145.00/hr CADD Technician....................................................................$135.00/hr Project Coordinator................................................................$165.00/hr Engineering Assistant ............................................................$140.00/hr Environmental Services
Senior Project Director………………………………………………………..$315.00/hr Project Director................................................................................. $280.00/hr Senior Specialist V………………………………………………………………$265.00/hr
Senior Specialist IV........................................................................... $255.00/hr Senior Specialist III .......................................................................... $240.00/hr Senior Specialist II ........................................................................... $225.00/hr Senior Specialist I ............................................................................ $210.00/hr Specialist V........................................................................................ $195.00/hr Specialist IV....................................................................................... $185.00/hr Specialist III ...................................................................................... $175.00/hr Specialist II ....................................................................................... $160.00/hr Specialist I ........................................................................................ $150.00/hr Analyst V ........................................................................................... $140.00/hr Analyst IV .......................................................................................... $130.00/hr Analyst III........................................................................................... $120.00/hr Analyst II.............................................................................................$110.00/hr Analyst I..............................................................................................$100.00/hr Technician III ....................................................................................... $90.00/hr Technician II ........................................................................................ $80.00/hr Technician I ..........................................................................................$70.00/hr Mapping and Surveying Services
Application Developer II .................................................................. $205.00/hr Application Developer I ................................................................... $165.00/hr GIS Analyst V .................................................................................... $215.00/hr GIS Analyst IV ................................................................................... $190.00/hr GIS Analyst III.................................................................................... $150.00/hr GIS Analyst II..................................................................................... $135.00/hr GIS Analyst I...................................................................................... $120.00/hr UAS Pilot ........................................................................................... $140.00/hr Survey Lead ..................................................................................... $210.00/hr Survey Manager .............................................................................. $180.00/hr Survey Crew Chief............................................................................ $140.00/hr Survey Rod Person........................................................................... $115.00/hr Survey Mapping Technician.............................................................. $95.00/hr Construction Management Services
Principal/Manager .................................................................$195.00/hr Senior Construction Manager ...............................................$185.00/hr Senior Project Manager .........................................................$175.00/hr Construction Manager ...........................................................$170.00/hr Project Manager.....................................................................$165.00/hr Resident Engineer....................................................... …….….$160.00/hr Construction Engineer............................................................$155.00/hr On-site Owner’s Representative ............................................$145.00/hr Prevailing Wage Inspector..................................................... $145.00/hr Construction Inspector........................................................... $140.00/hr Administrator/Labor Compliance.......................................... $100.00/hr Hydrogeology/HazWaste Services
Project Director ...................................................................... $335.00/hr Principal Hydrogeologist/Engineer II..................................... $310.00/hr Principal Hydrogeologist/Engineer I...................................... $290.00/hr Senior Hydrogeologist V/Engineer V .................................... $270.00/hr Senior Hydrogeologist IV/Engineer IV ................................... $260.00/hr Senior Hydrogeologist III/Engineer III.................................... $250.00/hr Senior Hydrogeologist II/Engineer II...................................... $240.00/hr Senior Hydrogeologist I/Engineer I....................................... $230.00/hr Project Hydrogeologist V/Engineer V .................................... $215.00/hr Project Hydrogeologist IV/Engineer IV .................................. $205.00/hr Project Hydrogeologist III/Engineer III................................... $195.00/hr Project Hydrogeologist II/Engineer II..................................... $185.00/hr Project Hydrogeologist I/Engineer I....................................... $175.00/hr Hydrogeologist/Engineering Assistant.................................. $140.00/hr District Management & Operations
District General Manager....................................................... $225.00/hr District Engineer..................................................................... $215.00/hr Operations Manager ............................................................. $165.00/hr District Secretary/Accountant .............................................. $140.00/hr Collections System Manager................................................. $140.00/hr Grade V Operator ................................................................... $130.00/hr Grade IV Operator .................................................................. $115.00/hr Grade III Operator .................................................................. $105.00/hr Grade II Operator ..................................................................... $85.00/hr Grade I Operator ...................................................................... $80.00/hr Operator in Training ................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services
Creative Services IV ............................................................... $170.00/hr Creative Services III ............................................................... $155.00/hr Creative Services II ................................................................ $140.00/hr Creative Services I ................................................................. $125.00/hr Publications Services
Technical Editor lV ................................................................. $170.00/hr Technical Editor lll.................................................................. $155.00/hr Technical Editor ll................................................................... $140.00/hr Technical Editor l.................................................................... $125.00/hr Publications Specialist lV....................................................... $130.00/hr Publications Specialist lll ....................................................... $120.00/hr Publications Specialist ll........................................................ $110.00/hr Publications Specialist l......................................................... $100.00/hr Clerical Administration........................................................... $100.00/hr Expert Witness – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates.
Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal rate.
Material and Outside Services – Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost.
Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost
Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full.
Annual Increases – Unless identified otherwise, these standard rates will increase in line with the CPI-U for the nearest urban area per the Department of Labor Statistics to where the work is being completed) or by 3% annually, whichever is higher.
The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
13.a
Packet Pg. 222 Attachment: Consultant Services Agreement between the City of Pacifica and Dudek (5516 : On-Call Certified Arborist Services)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Resolution of the City Council of the City of Pacifica Requesting California State Highway Sign Changes by the California Department of Transportation (Caltrans) on Coast Highway 1 to Indicate Commercial Business Districts
RECOMMENDED ACTION:
Move to adopt a resolution requesting California State Highway sign changes by the California Department of Transportation (Caltrans) on Coast Highway 1 to indicate commercial business districts.
STAFF CONTACT:
Tara Schiff, Economic Development Manager
(650)501-6007
[email protected]
Roland Yip, Deputy Public Works Director
(650)738-3767
[email protected]
BACKGROUND/DISCUSSION:
On March 27, 2023, City Council accepted the findings of the Economic Opportunities Study (EOS), which outlined a prioritized list of economic opportunities with an implementation timeline. As a result of stakeholder and community outreach, one of the short-term recommendations involved enhancing signage, facades, trees and landscaping. As the implementation of the EOS is part of the City’s adopted Strategic Plan, signage projects have been incorporated into the City’s work plan.
The Caltrans Signing Project No. 04-4W860 is a project to replace faded, missing, and broken signs on Highway 1 within the City of Pacifica (City) limits. Caltrans reached out to the City for any requested modifications and additions to the Highway 1 signs that could be included as part of their project. The City's Economic Development consultant recommended that the signage on Highway 1 between Manor Drive and Rockaway Beach include information recognizing commercial business districts. Following the recommendation, Public Works staff requested and Caltrans approved the suggested sign changes. Caltrans allows signage designation of a business district. A Business District is generally a local street or road in a city or urban area consisting a shops, restaurants and other business establishments. Such designation will allow travelers to patronize local shops, restaurants and other business establishments to help boost the local economy. The Business District designation provides guidance for the traveling public to leave the main highway at the indicated exits and patronize local businesses. Caltrans requires a governing board resolution requesting the installation of signs on specific State Highways to be provided.
The following sign changes were requested by the City and approved by Caltrans:
14 Packet Pg. 223
Pacifica City Council 2
November 13, 2023
• Southbound exit onto Manor Drive to replace from “Pacifica Manor District NEXT RIGHT” to "Pacific Manor BUSINESS DISTRICT NEXT EXIT"
• Southbound and northbound exit onto Fassler Avenue to add “Business District” sign below “Fassler Ave” and “Rockaway Beach Ave” signs
• Southbound and northbound exit onto Linda Mar Blvd to add “Business District” sign below “Linda Mar Blvd” and “San Pedro Ave” signs
The City Manager recommends Council adopt a resolution requesting California State Highway sign changes by the California Department of Transportation (Caltrans) on Coast Highway 1 to indicated commercial business districts
RELATION TO CITY COUNCIL GOALS AND WORK PLAN
Improve and steward City infrastructure, streets and facilities.
FISCAL IMPACT:
The project is fully funded by Caltrans with no additional fiscal impact to the City.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
City of Pacifica Requested Sign Changes Exhibit (PDF)
14 Packet Pg. 224
Pacifica City Council 3
November 13, 2023
RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA
REQUESTING THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) TO CHANGE SIGNAGE ON HIGHWAY 1 WHEREAS, the City of Pacifica wishes to change signage on Highway 1; and WHEREAS, CALTRANS allows signage designation of a Business District; and WHEREAS, a Business District is generally a local street or road in a city or urban area consisting a shops, restaurants and other business establishments; and WHEREAS, the City of Pacifica Public Works Department requested the signage changes; and
WHEREAS, as such designation will allow travelers to patronize local shops, restaurants and other business establishments to help boost the local economy; and WHEREAS, the Business District designation provides guidance for the traveling public to leave the main highway at the indicated exits and patronize local businesses; and WHEREAS, the attached chart marked 'Attachment 1” clearly shows the proposed Highway 1 Business District exits in Pacifica.
NOW, THEREFORE, be it resolved that the City Council of the City of Pacifica formally requests that the California Department of Transportation (CALTRANS) make the requested changes to the Highway 1 signage.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of November 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
14 Packet Pg. 225
Pacifica City Council 4
November 13, 2023
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 14 Packet Pg. 226
City of Pacifica Requested Sign Changes
Caltrans Signing Project No. 04-4W860
Southbound exit onto Manor Drive
Change sign to
Pacific Manor BUSINESS DISTRICT NEXT EXIT
Southbound exit onto Fassler Avenue
Add “BUSINESS DISTRICT” sign below
“Rockaway Beach Avenue” sign
Northbound exit onto Fassler Avenue
Add “BUSINESS DISTRICT” sign below
“Fassler Avenue” sign
Southbound exit onto Linda Mar Blvd
Add “BUSINESS DISTRICT” sign below “Linda
Mar Blvd” and “San Pedro Ave” signs
Northbound exit onto Linda Mar Blvd
Add “BUSINESS DISTRICT” sign below “Linda Mar
Blvd” and “San Pedro Ave” signs
14.a
Packet Pg. 227 Attachment: City of Pacifica Requested Sign Changes Exhibit (5499 : Requested Resolution Re: Sign Change By California Department of
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Resolution approving the professional services agreement between the City of Pacifica and the Lew Edwards Group for revenue measure analysis and strategy development.
RECOMMENDED ACTION:
Approve a resolution authorizing the City Manager to enter into a consulting services agreement with Lew Edwards Group for revenue measure analysis and strategy development at the not-toexceed cost of $80,000.
STAFF CONTACT:
Yulia Carter, Assistant City Manager
(650) 501-6004
[email protected]
BACKGROUND/DISCUSSION:
Maintaining fiscal sustainability is a high priority for the City. Limited funding has posed challenges for the City to maintain the current level of services and address community priorities and critical infrastructure needs.
In November 2022 Pacifica voters approved Measure Y, a half-cent sales tax expected to generate $2.8 million annually. While, this measure will assist in alleviating the City's structural deficit and maintaining essential city services for the next nine years, it will not be sufficient to attain Pacifica’s long-term fiscal sustainability or address critical infrastructure needs and potential enhancements to municipal services.
On May 8, 2023, the City Council adopted a Strategic Plan for the next seven years. This Plan encompasses a long-term vision for Pacifica, outlining the City’s organizational mission, vision, values, goals and strategies. It also aims to tackle major challenges that Pacifica faces, such as aging infrastructure, affordable housing, and climate change. As part of the Council’s objective to realize this strategic vision for Pacifica’s future, the Council Goal of enhancing organizational and fiscal stability involves considering potential tax and/or bond measures for the 2024 election.
As part of implementation of this goal, the City Manager recommends engaging with the Lew Edwards Group (LEG), a leading firm specializing in revenue measure analysis and strategy development. With LEG's assistance, staff anticipates being able to assess potential future revenue measures and returning to the City Council with more information about next steps in early 2024.
ALTERNATIVE ACTION:
Deny the recommendation and provide staff with alternative direction for the implementation of the tax or bond measure analysis for 2024 election cycle. 15 Packet Pg. 228
Pacifica City Council 2
November 13, 2023
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Enhance organizational and fiscal stability.
FISCAL IMPACT:
The not-to-exceed cost for this engagement is $80,000. There are sufficient funds available in the FY2023-24 contractual services budget to accommodate this service. Staff is not requesting a budget amendment at this time but will revisit this item and make any budget adjustments during the mid-year budget review if necessary.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
15 Packet Pg. 229
Pacifica City Council 3
November 13, 2023
RESOLUTION NO. __________
A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF PACIFICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH THE LEW EDWARDS GROUP
WHEREAS, the City Council adopted a seven-year Strategic Plan for the City of Pacifica that includes consideration of the tax and bond measure as a strategy for the Council Goal of organizational and fiscal stability; and WHEREAS, the City is considering the viability of November, 2024 ballot measure; and
WHEREAS, engaging an external professional service from a leading firm to assist the City with revenue measure analysis, educational material development, and public outreach is a prudent approach.
NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES to authorize the City Manager to execute a consulting services agreement with the Lew Edwards Group in the amount not to exceed $80,000.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of November 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 15 Packet Pg. 230
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/13/2023
1 SUBJECT:
Adoption 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).
RECOMMENDED ACTION:
Move to waive the second reading and adopt by title only the 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).”
STAFF CONTACT:
Christian Murdock, AICP – Planning Director
(650) 738-7341
[email protected]
Maria Sarasua – Chief of Police
650-738-7314
[email protected]
BACKGROUND/DISCUSSION:
This ordinance was introduced at the special and regular meeting of the City Council on October 23, 2023 and is now in order for adoption. The proposed amendments to be enacted by this ordinance are discussed below. Additional background was provided in the staff report provided with the ordinance introduction at the October 23, 2023 City Council meeting (Attachment A).
Proposed Amendments
The proposed ordinance amendment would revise the storefront window provisions in section 4-
16.03(c)(1)(ii) of Chapter 16 “Cannabis Public Safety License” of Title 4 of the PMC. The following amendments are proposed to the existing provisions of section 4-16.03(c)(1)(ii) of Chapter 16 “Cannabis Public Safety License” of Title 4 of the PMC (new text in underline, deleted text in strikethrough):
Windows and window coverings. Storefronts (exterior front facade of the cannabis operation at the first-floor level) shall be primarily glass with glass occupying at least thirty-fiveforty-five (3545%) percent of the entire store front and fifty sixty (5060%) percent of the horizontal length of the storefront. No glass area used to comply with the provisions of this subsection shall have a vertical or horizontal dimension less than two (2’) feet. Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.
16 Packet Pg. 231
Pacifica City Council 2
November 13, 2023
The reduced storefront window requirements would only be in effect during the period of January 1 through June 30, 2024, after which the original area and lengthy requirements would go back into effect. While in effect, the reduced requirements would apply to any cannabis activity permit issued or amended.
1 In addition to amendments to address the window size requirement, the proposed amendments would also include a “clean-up” provision to clarify that the measurements are applicable only to the exterior front façade on the first-floor level, and impose a minimum vertical or horizontal dimension of not less than two feet for any window used to comply with the storefront requirements.
California Environmental Quality Act
Adoption of the proposed ordinance would be exempt from the California Environmental Quality Act (CEQA) pursuant to the “General Rule” exemption in CEQA Guidelines § 15061(b)(3)). The General Rule exemption provides that “The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
The proposed amendments would modify the storefront window requirements for cannabis operations. The modification to storefront window requirements would be limited to existing buildings or new buildings that have undergone their own environmental review prior to construction and would not have a significant effect on the environment.
ALTERNATIVE ACTION:
The Council may decline to adopt the proposed ordinance. If the Council declines to adopt the proposed ordinance, the previously authorized revocation of Cannabis Activity Permit CAP-8-18 which authorizes operation of the Seaweed Holistics’ cannabis retail operation would take effect on January 15, 2024.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This project is not directly associated with an item on the City Council’s 2023-2030 Strategic Plan.
FISCAL IMPACT:
There is no direct fiscal impact to the City from the amendment of storefront window requirements for cannabis retail operations. Seaweed Holistics has provided a $5,000 deposit to cover processing costs associated with the amendment as required by City Council Resolution No. 79-2022.
ORIGINATED BY:
City Clerk
Police
1 The City has issued all six cannabis retail operation permits authorized by the PMC. There is no limit on the number of cannabis testing operation or cannabis manufacturing operation permits the City may issue, although there are no such permitted establishments at this time. 16 Packet Pg. 232
Pacifica City Council 3
November 13, 2023
ATTACHMENT LIST:
Attachment A: Staff Report 10-23-2023 (PDF)
16 Packet Pg. 233
Pacifica City Council 4
November 13, 2023
ORDINANCE NO. (ID # 5520)
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA AMENDING SECTION 4-16.03 (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).
WHEREAS, on November 8, 2016, the voters of the State of California approved Proposition 64, known as the “Control, Regulate and Tax Adult Use of Marijuana Act” (the “AUMA”), under which a variety of non-medical marijuana businesses can operate subject to local ordinances and individuals may grow, possess and use limited amounts non-medical marijuana; and
WHEREAS, on July 10, 2017, the City Council adopted Ordinance No. 818-C.S. which established the City’s marijuana public safety licenses provisions in a new Chapter 16 of Title 4 of the Pacifica Municipal Code (“PMC”); and
WHEREAS, subsequent to introduction but prior to adoption of the City’s marijuana public safety licenses, on June 27, 2017, Senate Bill 94 (“SB 94”) was enacted that integrated MCRSA with AUMA to create the Medicinal and Adult‐Use Cannabis Regulation and Safety Act (the “MAUCRSA”), under which, a single regulatory system governs the medicinal and adult-use cannabis industry in California; and
WHEREAS, on January 14, 2019, the City Council directed staff to draft amendments which would incorporate recent State law updates as a result of SB 94, including exchanging the use of the term “marijuana” to “cannabis”; and
WHEREAS, on May 13, 2019, the City Council adopted Ordinance No. 843-C.S. which repealed and replaced Chapter 16 of Title 4 of the Pacifica Municipal Code (“PMC”) to incorporate the term “cannabis” and to make other procedural changes related to processing of cannabis public safety licenses; and
WHEREAS, the City Council of the City of Pacifica introduced Ordinance No. 893-C.S. on October 23, 2023, to amend provisions related to storefront windows of cannabis operations.
NOW, THEREFORE, the City Council of the City of Pacifica does ordain as follows:
16 Packet Pg. 234
Pacifica City Council 5
November 13, 2023
Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.
Section 2. Amendments.
Section 4-16.03(c)(1)(ii), “Windows and window coverings” of Chapter 16 “Cannabis Public Safety Licenses” of Title 4 “Public Safety” of the Pacifica Municipal Code shall be amended as indicated in Exhibit A to this Ordinance, with added text in underline and deleted text in strikethrough. Exhibit A shall be incorporated by reference as if fully set forth herein.
Section 3. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment. The City Clerk shall file a Notice of Exemption with the San Mateo County Clerk.
Section 4. Severability. If any section, subsection, sentence, clause or phase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.
Section 5. Publication. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance by the City Council of the City of Pacifica, California and cause the same to be published in accordance with State law.
Section 6. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. • • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of November, 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
16 Packet Pg. 235
Pacifica City Council 6
November 13, 2023
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 16 Packet Pg. 236
Pacifica City Council 7
November 13, 2023
EXHIBIT A
Amendments to Section 4-16.03(c)(1)(ii) of the Pacifica Municipal Code 16 Packet Pg. 237
Pacifica City Council 8
November 13, 2023
“Sec. 4-16.03. Cannabis operations-General provisions.
[…]
(c) Conditions of operation.
(1) Security plan. A licensee shall provide adequate security on the premises of the cannabis operation. The following minimum security standards shall be maintained at all times:
[…]
(ii) Windows and window coverings. The provisions for windows and window coverings in subsection (aa) of this subsection (ii) shall apply to any cannabis activity permit approved or amended between January 1, 2024, and June 30, 2024. Thereafter, subsection (aa) shall have no further force or effect and the provisions of subsection (ab) of this subsection (ii) shall apply to cannabis permit applications approved or amended after June 30, 2024 .
(aa) Storefronts (exterior front facade of the cannabis operation at the first-floor level) shall be primarily glass with glass occupying at least thirty-fiveforty-five (3545%) percent of the entire storefront and fiftysixty (5060%) percent of the horizontal length of the storefront. No glass area used to comply with the provisions of this subsection shall have a vertical or horizontal dimension less than two (2’) feet. Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.
(ab) Storefronts (exterior front facade of the cannabis operation at the first-floor level) shall be primarily glass with glass occupying at least forty-five (45%) percent of the entire storefront and sixty (60%) percent of the horizontal length of the storefront. No glass area used to comply with the provisions of this subsection shall have a vertical or horizontal dimension less than two (2’) feet. Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.
[…]”
All other subsections of Section 4-16.03 not identified herein shall remain unchanged. 16 Packet Pg. 238
Pacifica City Council 9
November 13, 2023
* * * * *
(ID # 5520) at 11/13/2023 5:00 PM City Council Special Meeting 16 Packet Pg. 239
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/23/2023
1 SUBJECT:
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).
RECOMMENDED 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 4-16.03(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).”
STAFF CONTACT:
Christian Murdock, AICP – Planning Director
(650) 738-7341
[email protected]
Maria Sarasua – Chief of Police
650-738-7314
[email protected]
BACKGROUND/DISCUSSION:
The City Council enacted Ordinance No. 818-C.S. (“Ordinance”) on November 17, 2017 to establish a marijuana public safety license, the procedures for issuance of said license, and certain standards intended to ensure public health and safety. Council then repealed and replaced the Ordinance by enacting Ordinance No. 843-C.S. on May 13, 2019, to replace the term “marijuana” with the term “cannabis” and to streamline processing of initial applications for a cannabis public safety license (CPSL). The City’s CPSL regulations in Chapter 16 of Title 4 of the Pacifica Municipal Code (PMC) are supplemented by zoning regulations governing in Articles 17.5 and 48 of Chapter 4 of Title 9 of the (PMC). These zoning regulations, among other things, specify the permissible locations for and allowable numbers of certain cannabis operations. As the City has processed applications for the six cannabis retail operations that were part of the initial application phase, all operators have been required to comply with the standards set forth in CPSL and zoning regulations. Planning Department and Police Department staffs have coordinated their reviews to confirm compliance or else impose conditions of approval (COAs) that would ensure compliance as a required component of the cannabis activity permit (CAP).
Since enactment of the Ordinance, the CPSL standards have included the following storefront window requirement codified in PMC sec. 4-16.03(c)(1)(ii):
16.a
Packet Pg. 240 Attachment: Attachment A: Staff Report 10-23-2023 (5520 : Ordinance Adoption - Amendment to Cannabis Public Safety Standards (Storefront Pacifica City Council 2
October 23, 2023
Windows and window coverings. Storefronts (front facade of the cannabis operation) shall be primarily glass with glass occupying at least forty-five (45%) percent of the entire store front and sixty (60%) percent of the horizontal length of the store. Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.
Of the six approved cannabis retail operations in Pacifica, five have either proposed their operations in buildings that comply with the storefront window requirements or else have planned or undertaken alterations required to bring their storefronts into compliance. One operator, Seaweed Holistics, has not planned or undertaken the required storefront window alterations as required by PMC sec. 4-16.03(c)(1)(ii). Performing the required alterations was a requirement of Condition of Approval No. 9 of Cannabis Activity Permit CAP-8-18 as set forth in Planning Commission Resolution No. 2019-031, approved by the Planning Commission on September 16, 2019. Initially required prior to commencement of operations, the Planning Commission subsequently took action on February 16, 2021, to temporarily defer compliance with COA No. 9 and another COA until after the commencement of operations (Planning Commission Resolution No. 2021-001).
On August 15, 2022, the Planning Commission conducted an annual review of Cannabis Activity Permit CAP-8-18 in accordance with PMC section 9-4.4806(e) and COA No. 19 of Resolution No. 2019-031. The Commission determined the cannabis retail operation to be noncompliant with COA Nos. 1, 5, 6, 9, and 18. On October 3, 2022, the Planning Commission approved the revocation of Cannabis Activity Permit CAP-8-18. On October 10, 2022, Councilmember O’Neill called-up the Planning Commission’s revocation of Cannabis Activity Permit CAP-8-18 for City Council review pursuant to PMC section 2-1.105. On October 13, 2022, Ana Leaño-Williams of Seaweed Holistics also submitted an appeal of the Planning Commission’s revocation.
On November 14, 2022, the City Council moved to deny the appeal and revoke Cannabis Activity Permit CAP-8-18, scheduled to take effect 14 months after November 15, 2022 (“Revocation Date”) unless the Revocation Conditions detailed in City Council Resolution No. 79-2022 (Attachment B) are satisfied prior to the Revocation Date. Revocation Condition Nos. 1, 2, and 3 required the Applicant to pay certain outstanding fees, as well as a deposit for the processing of ordinance amendments and amendments to Cannabis Activity Permit CAP-8-18 to incorporate any revisions to the PMC related to storefront window requirements, if adopted by City Council. Revocation Condition No. 4 conditions an amendment to PMC section 4-
16.03(c)(1)(ii) in a manner which allows the Applicant to retain the current window configuration.
Revocation Condition No. 5 conditions modifications of COAs No. 9 and 18 of Planning Commission Resolution No. 2019-031 to conform to any revisions to PMC section 4-
16.03(c)(1)(ii). Revocation Condition No. 6 conditions the City and the Applicant to execute an amendment to the Deferral Agreement to conform to the revisions to PMC section 4-
16.03(c)(1)(ii) and reflect satisfaction of outstanding fees and reimbursements to the City for all costs. All actions specified by the City Council must occur no later than January 15, 2024, or else the revocation of Cannabis Activity Permit CAP-8-18 shall take effect.
Seaweed Holistics’ Storefront and the Original Ordinance The proposed ordinance included as Attachment A, and discussed further in a later section of the staff report, relate to Revocation Condition No. 4 of City Council Resolution No. 79-2022.
The Seaweed Holistics cannabis retail operation cannot continue to operate beyond January 15, 2024, without City Council approval of an amendment to PMC sec. 4-16.03(c)(1)(ii) to authorize Seaweed Holistics’ storefront window in its currently non-compliant configuration, and without a
16.a
Packet Pg. 241 Attachment: Attachment A: Staff Report 10-23-2023 (5520 : Ordinance Adoption - Amendment to Cannabis Public Safety Standards (Storefront Pacifica City Council 3
October 23, 2023
conforming amendment to Cannabis Activity Permit CAP-8-18 by the Planning Commission.
The Seaweed Holistics storefront in it is current configuration does not comply with the requirements of PMC sec. 4-16.03(c)(1)(ii). The first floor of the storefront is 24 feet wide and 8 feet high for a total of 192 square feet (sf). The first floor of the storefront currently has a 10-foot by 6-foot window and a door with a 2’-0” by 5’-6” glass panel for a total of 71 sf of glass area and 12 feet of horizontal length. This comprises only 37 percent of the entire storefront and 50 percent of the horizontal length of the store, less than the 45 percent overall storefront (which would be 86.4 sf minimum) and 60 percent of horizontal length of the storefront (which would be 14’-3” minimum length) required by the PMC.
The regulations for cannabis storefront windows in PMC sec. 4-16.03(c)(1)(ii) were crafted with public safety in mind. The Police Chief in particular sought to address concerns about increased potential for robberies and burglaries at cannabis retail operations due to the significant number of cash transactions and the high resale value of cannabis in the illicit market. The concerns have seemed well founded as the lawful cannabis market has expanded in California. In Pacifica between January 1, 2022 and present, Pacifica Police have responded to two attempted burglaries and one successful burglary of cannabis retail operations. A suspect in the successful burglary was later apprehended by Pacifica Police and linked to a professional ring of burglars who target cannabis businesses. Across the Bay Area, law enforcement agencies are seeing increases in organized groups committing burglaries of cannabis businesses. For example, in San Francisco, a professional ring of thieves using crowbars broke into a cannabis business armed with firearms in January 2023. A store manager was kidnapped during another incident in San Francisco in February 2023. Two burglaries of cannabis businesses occurred on the same weekend in Santa Cruz and Santa Rosa in March 2023 and July 2023, respectively. Multiple subjects armed with firearms overtook a security guard and forced entry into a cannabis business in Berkeley in May 2023, the second time in several weeks the business had been targeted by thieves. During one burglary in Livermore in June 2023, the burglars were armed with assault weapons. These examples are illustrative only to provide a sample of the types of serious incidents that have occurred in the Bay Area region and are not a comprehensive accounting of burglaries/robberies of cannabis businesses in the area.
Based on these anticipated and realized concerns in other jurisdictions in the area and within Pacifica, the Police Chief continues to believe all reasonable measures including maximum visibility into cannabis retail operation storefronts should be utilized to maximize public safety and aid police responses to any incidents that may occur. Furthermore, the Police Chief does not believe reliance on video surveillance technology is a sufficient substitute for line-of-sight visibility into a cannabis operation in the event of a police response to a robbery incident, in part because of potential delays with accessing cameras inside the operation and potential technical difficulties that could occur in the midst of a time-sensitive response.
Proposed Amendments
The proposed ordinance amendment would revise the storefront window provisions in section 4-
16.03(c)(1)(ii) of Chapter 16 “Cannabis Public Safety License” of Title 4 of the PMC. The following amendments are proposed to the existing provisions of section 4-16.03(c)(1)(ii) of Chapter 16 “Cannabis Public Safety License” of Title 4 of the PMC (new text in underline, deleted text in strikethrough):
Windows and window coverings. Storefronts (exterior front facade of the cannabis operation at the first-floor level) shall be primarily glass with glass occupying at least thirty-fiveforty-five (3545%) percent of the entire store front and fifty sixty (5060%) percent of the horizontal length of the storefront. No glass area used to comply with the provisions of this subsection shall have a
16.a
Packet Pg. 242 Attachment: Attachment A: Staff Report 10-23-2023 (5520 : Ordinance Adoption - Amendment to Cannabis Public Safety Standards (Storefront Pacifica City Council 4
October 23, 2023
vertical or horizontal dimension less than two (2’) feet. Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.
In addition to amendments to address the window size requirement, the proposed amendments would also include a “clean-up” provision to clarify that the measurements are applicable only to the exterior front façade on the first-floor level, and impose a minimum vertical or horizontal dimension of not less than two feet for any window used to comply with the storefront requirements.
Staff is also recommending that because of the significant risks of criminal activity, the proposed ordinance amendments limit the applicability of the reduced storefront window requirements to the period of January 1 through June 30, 2024. This time limitation would ensure a period of applicability for Seaweed Holistics to pursue its amendment and for any other prospective or currently permitted cannabis operation to also utilize the reduced storefront window requirements.1
California Environmental Quality Act
Adoption of the proposed ordinance would be exempt from the California Environmental Quality Act (CEQA) pursuant to the “General Rule” exemption in CEQA Guidelines § 15061(b)(3)). The General Rule exemption provides that “The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
The proposed amendments would modify the storefront window requirements for cannabis operations. The modification to storefront window requirements would be limited to existing buildings or new buildings that have undergone their own environmental review prior to construction and would not have a significant effect on the environment.
ALTERNATIVE ACTION:
The Council may decline to introduce the proposed ordinance or direct modifications to the proposed revised storefront window standards prior to ordinance introduction. The Council could make modifications to the proposed ordinance to remove the language that would limit the applicability of the reduced storefront window requirements to the period of January 1 through June 30, 2024, prior to ordinance introduction. The removal of this recommended language would modify the storefront window requirements for all cannabis operations henceforth with a new generally applicable standard that reduces visibility into the storefronts. If the Council declines to introduce and ultimately adopt the proposed ordinance, the previously authorized revocation of Cannabis Activity Permit CAP-8-18 which authorizes operation of the Seaweed Holistics’ cannabis retail operation would take effect on January 15, 2024.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This project is not directly associated with an item on the City Council’s 2023-2030 Strategic Plan.
1 The City has issued all six cannabis retail operation permits authorized by the PMC. There is no limit on the number of cannabis testing operation or cannabis manufacturing operation permits the City may issue, although there are no such permitted establishments at this time.
16.a
Packet Pg. 243 Attachment: Attachment A: Staff Report 10-23-2023 (5520 : Ordinance Adoption - Amendment to Cannabis Public Safety Standards (Storefront Pacifica City Council 5
October 23, 2023
FISCAL IMPACT:
There is no direct fiscal impact to the City from the amendment of storefront window requirements for cannabis retail operations. Seaweed Holistics has provided a $5,000 deposit to cover processing costs associated with the amendment as required by City Council Resolution No. 79-2022.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
Attachment A - Draft Ordinance to amend PMC Section 4-16.03 (DOCX) Attachment B - City Council Resolution No. 79-2022 (PDF)
16.a
Packet Pg. 244 Attachment: Attachment A: Staff Report 10-23-2023 (5520 : Ordinance Adoption - Amendment to Cannabis Public Safety Standards (Storefront