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 November 27, 2023
November 27, 2023 (MONDAY)
www.cityofpacifica.org
Mayor Tygarjas Bigstyck called the meeting to order on November 27, 2023 at 7:03 PM 7:00 PM OPEN SESSION
Call to Order
Mayor Bigstyck called the meeting to order at 7:03 p.m.
Attendee Name Title Status Arrived
Tygarjas Bigstyck Mayor Present
Sue Vaterlaus Mayor pro Tem Absent
Sue Beckmeyer Councilmember Present
Mary Bier Councilmember Present
Christine Boles Councilmember Present
Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Lisa Petersen, PW Director; Christian Murdock, Planning Director; Maria Sarasua, Police Chief; Bob Palacio, PB&R Director; Roland Yip, PW Dep. Director-Field Services/Engineering; Brianne Harkousha, Sr. Planner; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.
Reading of Land Acknowledgment
Mayor Bigstyck read the Land Acknowledgment.
Salute to the Flag led by Councilmember Boles
SPECIAL PRESENTATIONS
A. HIP Housing Annual Calendar Presentation
Mayor introduced the HIP Housing Annual Calendar Presentation.
Anita Fox, a board member of HIP Housing, presented regarding the work that HIP Housing did last year to work with 2300 individuals and housed 1241 people throughout the county. She gave some specifics and then presented the HIP Housing 2024 Calendar.
City Council Regular Meeting 2 November 27, 2023
Councilmember Bier thanked her and everyone at HIP Housing for all the work they do and for their participation in the Pacifica Collaborative.
Councilmember Boles thanked her for being here. She referred to Ms. Fox's comment about the Home Sharing Program, and she wanted to add that it was a unique program where, if someone is having trouble paying their mortgage or rent and someone is looking for a place to stay, this is where HIP Housing can help match people to share housing and costs.
Councilmember Beckmeyer thanked her for the calendar and the opportunity for kids to be engaged in it. She appreciated that Ms. Fox is sending them the HIP Housing every month and she forwards it to people as it is great having the translated version as well.
Mayor Bigstyck stated that HIP Housing has been a tremendous partner to the entire county, including Pacifica, for many years. He felt it was an invaluable resource in the Bay Area. He thanked them for what they do and he looks forward to the calendar every year. He asked if she would be willing to take a picture with Council with the calendars.
B. San Mateo County Libraries (SMCL) Annual Report Presentation Mayor Bigstyck Bigstyck introduced members from the San Mateo County Libraries making an annual Report presentation.
Julie Smith, Library Manager for the Pacifica Libraries, and Julia Wright, Pacifica Senior Librarian, introduced themselves and introduced Mary Abler, Deputy Director of Library Services.
Senior Librarian Wright began the presentation of their annual report. She gave a brief detail of the various libraries and their diversity, mentioning that they are consistently ranked as one of the best libraries in the nation and statistics show that the public’s participation has increased over 126% since last year.
Library Manager Smith continued the presentation, introducing new programs and initiatives and shared some of their achievements, such as the mobile library.
Senior Librarian Wright continued the presentation and showed a video highlighting their programs. She thanked the city staff and City Council for their work on the Library JPA.
Councilmember Bier thanked them for everything they do for our communities. She attended the “Be Sensitive, Be Brave” training they had and thought it was wonderful to see their staff in the presentation. She stated that they have been trying to push mental health services and resources and she appreciated the library helping in that way.
Councilmember Beckmeyer stated it was exciting to have them here. She stated that Library Manager Smith and she worked together in the Pacifica School District for six years. She thought it was thrilling for her to work with the San Mateo County Libraries and now be the manager of our two branches in Pacifica. She described the intimate way the libraries and schools were connected. She enjoyed seeing the video and seeing all the modern library facilities everywhere else in our county and she looks forward to them existing in Pacifica.
Councilmember Boles thanked them for being here at this meeting. She thought it was City Council Regular Meeting 3 November 27, 2023
wonderful to see our libraries coming back from COVID-19 with a lot more use and increase of online book rentals. She thanked them for what they do for our community beyond just books.
Mayor Bigstyck stated he has the privilege of serving on the San Mateo County Libraries JPA board. Being on the JPA, he can see how much our library system is able to do. There is so much that modern libraries do, including making up the inequities where they see a need such as providing things for the community. He stated that he would love to get that video available for everyone in our community. He appreciated what they do and thanked them for being here.
He asked if they would like to take a picture with Council.
Mayor Bigstyck stated that City Manager reminded him that the first Library Advisory Committee meeting will be on December 20.
City Clerk Coffey stated that it will be at 6:00 p.m. at the Pacifica Community Center, 540 Crespi Drive, in the Portola Conference Room.
CONSENT CALENDAR
Mayor Bigstyck asked Councilmembers if anyone wanted to pull any items off of the consent calendar.
Councilmember Beckmeyer stated she has a question on Item #5 regarding the hours of operation of the Recology yard.
City Manager Woodhouse stated that he thought they have representatives from Recology as well as PW Director Petersen who might be able to speak to that item.
PW Director Petersen wanted to clarify that Councilmember Beckmeyer was talking about when the offices are open for Recology.
Councilmember Beckmeyer stated that she thought she was speaking about the yard.
Councilmember Boles clarified it is for the Drop-Off Facility so it is more than office.
PW Director Petersen stated that they do have a representative from Recology, and General Manager Glen Bongi can speak to those hours. She stated that this something the Council previously approved on October 10, 2022.
General Manager Glen Bongi confirmed the recycling yard drop off facility at 1046 Palmetto hours of operation remained Tuesday, Thursday, and Saturday. Drop off hours Tuesday and Thursday are 8:00 a.m. to 4:00 p.m. and Saturday 7:00 a.m. to 2:00 p.m.
Councilmember Beckmeyer appreciated the information. She asked City Attorney if they will need to make an amendment or when it comes to time to make an approval for the item, could they say something about that or not necessary.
City Attorney Kenyon stated that they are not discussing the agreement as this is just about rate increases. She was not sure this was the appropriate vehicle to make those types of changes, but staff will note that when the appropriate time to make those changes arises.
Mayor Bigstyck opened public comment.
City Council Regular Meeting 4 November 27, 2023
Kim Finale, Pacifica, asked that, before they approve Item #5, they consider her thoughts and concerns on green waste issues.
Mayor Bigstyck closed public comments. He asked General Manager Bongi if he had any response to the question asked about green waste. He clarified that what they are approving at this meeting, they already approved previously.
General Manager Bongi stated that they are not permitted to take green waste at the recycling yard as it is not part of their permit process.
Councilmember Beckmeyer stated that they used to be able to bring excess green waste to the yard. She asked if that was an unpermitted state at that time.
General Manager Bongi stated he was told that the permit was revoked sometime in the 90s, and they are not allowed to take green waste at the yard anymore.
Councilmember Beckmeyer asked if it was the county making that decision.
General Manager Bongi stated that he would verify that, but he was told at one time it was permitted and the permit was revoked.
Councilmember Beckmeyer thought it would be important to find out an answer to the question and to when it is possible for us to make an amendment or adjustment.
Mayor Bigstyck was also interested in finding a solution to help residents with their excess green waste.
Councilmember Boles stated that when she lived in San Francisco before, they could also bundle things together to make it easy to pick up. She asked if that was something they pick up from the curb so people can pay a bit more to dispose of extra green waste.
General Manager Bongi stated that they do not. He stated that whatever is inside the cart is where it is covered on the rate. He stated that they will do it for oversized cardboard.
Councilmember Boles expressed special gratitude to PW for the soil removal at Esplanade.
RESULT: ADOPTED [4-0]
MOVER: Christine Boles, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Bigstyck, Beckmeyer, Bier, Boles
ABSENT: Vaterlaus
1. Notice of Completion of the removal of the soil nail wall at 330 Esplanade Avenue 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 removal of the soil nail wall at 330 Esplanade Avenue; and authorize the City Manager to release the retention funds to the contractor.
2. Approval to Purchase Replacement Portable Two-Way Communication Radios PROPOSED ACTION: Move to adopt a Resolution authorizing the purchase of City Council Regular Meeting 5 November 27, 2023
replacement portable two-way communication radios from Motorola Solutions Inc in the amount of $229,744 as previously approved by Council in the Fiscal Year Budget 2023- 2024.
3. PB&R Childcare Continued Funding Applications for Fiscal Year 2024-25 PROPOSED ACTION: Adopt a Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving Agreement to This Transaction with the California Department of Education and the California Department of Social Services for the Purpose of Providing Childcare and Development Services and to authorize the Designated Personnel to Sign Contract Documents for Fiscal Years 2024-25.”
4. Manor Drive Storm Drain Repair Project
PROPOSED ACTION: Adopt Resolution Approving the Construction Services Agreement between the City of Pacifica and Gray Lake Construction for the Manor Drive Storm Drain Repair Project, in an Amount Not to Exceed $90,000 with a 30% Contingency, for a Total of $117,000.
5. Recology of the Coast’s Application for Rate Increase for 2024 PROPOSED ACTION: Move to adopt a Resolution confirming Recology of the Coast’s application for rate increase of 5.86% is accurate and consistent with the annual rate adjustment procedures specified in the Recology Agreement; and finding the confirmation of the rate increase exempt under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines 15061(b)(3).
PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Ted Bisson, Pacifica, talked about the protected Tree Ordinance and he shared his thoughts and options for concerns he has on the issue.
COUNCIL COMMUNICATIONS
Councilmember Boles met with the Unhoused on the Coast group. She stated that Pacifica has the third highest homeless count. She stated they are looking for volunteers and they will get more information on that. She stated that, based on population, we have the highest unhoused count in the county. She stated that it is a dire need as winter is approaching and she encourages everyone to take care of our residents and think about how they can do that as they move forward. She met with the Pacifica Beach Coalition and they found a new part-time executive director, Dawn Zidonis. She stated that, at the Emergency Preparedness Meeting, they brainstormed with a Youth Advisory Board member about how to make a better connections with the schools and getting information out about emergency preparedness. She met with PRC about their space needs and followed up with another meeting with Mike O’Neill to help as PRC is looking for more refrigeration space and food storage to be able to expand their food pantry. He also helped her get caught up on some of his ideas around the Public Works Milagra and school district partnership project. She had another meeting with County Housing Director Ray Hodges, looking for a partnership and educating them on how to put a team together for a potential affordable housing project.
Councilmember Bier stated the Pacifica Age Friendly Coalition has an age friendly livability survey and the city wants to learn about experiences with Pacifica’s livability as a person of age City Council Regular Meeting 6 November 27, 2023
50 or older. She stated it was important to collect information and work with the community to make improvements and changes to make Pacifica more livable and be able to age in place comfortably. She attended the NCCWD board meeting and congratulated Kimberly Finale for her placement in their Waterwise Garden contest. She stated that PCT is having the red carpet auction on December 9 and are looking for volunteers to answer phones. She thanked Pacifica School Volunteers for Read Aloud Day which was at Sunset Ridge Elementary and based on peace and kindness to tie in with our Art for a Peaceful and Just Community Project which they are doing through the Sanchez Art Center and Pacifica Collaborative. They had the Pacifica Pride kickoff meeting. They are looking for people to join their team. She attended the Economic Development Committee meeting. They had their newest member join them the new Economic Development Manager, Tara Schiff, has brought wonderful energy to that group. She stated that the Pacifica Resource Center is accepting sponsors for the Holiday Joy program.
She referred to the holiday lighting kick off and Polar Palooza at the Community Center.
Councilmember Beckmeyer was unable to attend meetings or events due to illness. She encouraged people to get vaccinated. She noted that another event coming up on December 9 and 10 is the Winter Arts Fair at Sanchez Art Center and it is terrific with a lot of local vendors.
Mayor Bigstyck stated he spent some time with the Police Department and thanked them for their work alongside Chief Sarasua. He went on a Ride-Along with Officer Evans, and he thanked all of them for his continued education and insight. He had a LAFCO meeting in East Palo Alto where LAFCO decided to make the sanitary sewer district a subsidiary of East Palo Alto. They continued to talk about the Broadmoor Police Protection District. They had a Peninsula Clean Energy board retreat and talked about their high level strategic plan elements, one being 24/7 power. He stated that they had a 99% goal by 2027 and it looks like they’re on track for 83% by 2027. He stated the other big push was for decarbonization by 2035 and they learned about distributing energy resources or “DARES”. He enjoyed Council of Cities at the San Francisco International Airport Aviation Museum. He enjoyed spending the time with Mayor pro Tem Vaterlaus as well as other colleagues throughout the region. He stated that on November 21, Peninsula Clean Energy subcommittee members met with State Senator Josh Becker. He stated that there were lots of Thanksgiving events and it was a welcome time to spend with family and friends. He stated that they will be adjourning in remembrance of former County Supervisor Don Horsley. He will carve time out at the end of the meeting for remembering and recollection. He stated that he will be sorely missed.
STAFF COMMUNICATIONS
City Manager Woodhouse stated there is a memo providing update information about the Civic Center Renovation Project. He stated the main takeaways are that the project is progressing but, due to some contractor delays related to electrical switch gear equipment ordering and receipt, the actual completion of it may be late March or April. They hope that everything is done much earlier than that and allows a reasonable time for the transition improvements, fixtures and furnishings that can be installed, as well as planning for a great ribbon cutting for the event. He stated they were very excited about this great community asset that is coming forward in the next months. He mentioned that on December 5, they will have their second Local Coastal Land Use Plan community meeting, a community roundtable discussion at the Community Center. Finally, he referred to Councilmember Bier mentioning the upcoming Polar Palooza events happening on December 2 and 3. City Manager Woodhouse also stated that WWTP Plant Manager, Louis Sun, has been promoted to Dep. PW Director for Wastewater; they are excited to have him move into that position. He is exceptionally qualified on that front with many years of experience in wastewater and they are excited for him moving into this City Council Regular Meeting 7 November 27, 2023
position.
PUBLIC HEARINGS
6. Introduction of an Ordinance initiated by the City of Pacifica, to (a) add a new Article 53, “Emergency Shelters” to the City of Pacifica Zoning Regulations (Chapter 4 of Title 9 of the Pacifica Municipal Code [“PMC”]) to create zoning provisions for approval, construction, and operation of an emergency shelter consistent with the requirements of Senate Bill 2 (SB 2); (b) amend Article 11 “C-2 Community Commercial District” to make an emergency shelter with 20 or fewer occupants a permitted use and an emergency shelter with 21-30 occupants a conditional use; (c) amend Article 14, “O Professional Office District” and Article 15, “C-R Commercial Recreation District” to exclude emergency shelters; (d) update sections of the City of Pacifica’s Zoning Regulations to include updated definitions and terms for “Community Care Facility” and “Family Daycare Home” to be consistent with the requirements and definitions of State law; and (e) make other minor conforming revisions (File No. 2023-013, Text Amendment TA124-23). Recommended CEQA status: Exempt from CEQA pursuant to Section 15269 (Emergency Projects) and Section 15061(b)(3) (General Rule Exemption). The Planning Commission recommended approval of the Text Amendment by a Vote of 5-0 (with two absences) on November 6, 2023.
PROPOSED ACTION: Move to waive the first reading and introduce by title only “An Ordinance of the City Council of the City of Pacifica to enact a new Article 53 “Emergency Shelters,” to amend Article 11 “C-2 Community Commercial District,” to amend Article 14 “O Professional Office District”, to amend Article 15 “C-R Commercial Recreation District”, and to make various other minor conforming amendments of Chapter 4 Zoning, of Title 9 of the Pacifica Municipal Code (PMC), and finding the Ordinance exempt from the California Environmental Quality Act (CEQA) (File No. 2023- 013; Text Amendment TA-124-23).”
Sr. Planner Harkousha presented the staff report.
Mayor Bigstyck thanked her and then welcomed Planning Commissioner Greg Wright.
Planning Commissioner Wright commended the Planning Department for their in-depth work on this project as well as many other concurrent projects. He stated that Planning took their recommendations and went bit by bit as well as public comment and came up with the best possible proposal to make this work for the long term. He asked if Council had any questions.
Mayor Bigstyck thanked staff and then asked if there was anything Commissioner Wright wanted to add about the deliberations that they had on November 6.
Commissioner Wright stated that they went site by site and eliminated some that they thought were inappropriate and tried to take all the consideration of what they got from the community as well as their personal perspectives along with staff’s recommendations. He stated the Planning Commission believed they did a thorough job.
Mayor Bigstyck agreed. He asked if Council had any questions.
Councilmember Boles thanked staff and Commissioner Wright. She asked, if the parcel is on their map or list, are they saying that it is a suitable site.
City Council Regular Meeting 8 November 27, 2023
Sr. Planner Harkousha stated that the sites analyzed that might accommodate emergency shelters were sites 1 through 18. They were primarily the sites looked at for improvement to land value ratio if non-vacant sites; if vacant sites, they were reviewed based on proximity to amenities or services, criteria from HCD’s requirements on how they analyze the sites.
Councilmember Boles understood the improvement to land value ratio and there are a few on the list that exceed that but assumed that is okay to HCD.
Planning Director Murdock stated that they have gone through extensive processes thus far for the Housing Element update and spoken at great length about the sites and site analysis and establishing feasibility. He stated that it is not the same process, and staff encouraged not thinking about the sites in the same way as they would think about them in the Housing Element update process. He stated that there is a more generalized suitability analysis with the zoning district identified; it is not as though each site needs to check every box to clear the high bar in the same way that the sites do for the Housing Element process.
Councilmember Boles concluded that it was okay to include them as they are showing overall capacity.
Planning Director Murdock responded affirmatively. He added that, as a general theme, this is a conservative analysis and it was helpful to think about all of the C2 zoned sites as potential emergency shelter sites, but they excluded some that were not good candidates or already designated as housing sites in the Housing Element, so as not to over-promise in terms of the potential feasibility. He stated that, even with a smaller, more refined set of candidate sites they analyzed, staff believes the analysis demonstrates suitability for purposes of complying with the statutes related to emergency shelter zoning requirements.
Councilmember Boles stated that a number of the parcels are in the coastal zone, and she asked if that was something that will require an LCP amendment with the Coastal Commission.
Planning Director Murdock stated that it will but, for purposes of the Housing Element update process where the ordinance is required for Housing Element certification, they do not need to complete the LCP amendment process to comply with HCD’s requirement to have the ordinance on the books.
Councilmember Boles referred to the definition of the emergency shelter providing housing with minimal supportive services, including navigation centers. She was curious about what “minimal” supportive services means.
Planning Director Murdock thought part of it could be in the interpretation of the intent of “minimal” and he thought it could be meant to say it needs to have at least minimal services. He thought ensuring some minimum level of services is how he understands that provision, and it could be more extensive services as they may see in the navigation center.
Councilmember Boles concluded that she read minimal differently.
Planning Director Murdock stated that he does not understand it as the most you can provide.
Councilmember Boles stated that the ordinance is restricting the number of beds and the sixmonth stay. She asked what happens if someone wants to build a shelter that is bigger than City Council Regular Meeting 9 November 27, 2023
that or is that a discretionary process and are they identifying a non-discretionary review.
Sr. Planner Harkousha stated that it was partially correct. She stated that the ordinance would allow a maximum of 20 persons or beds for development of an emergency shelter and anything greater, between 21 and up to 30, would require a conditional use permit. She stated that the number of beds or persons identified as 20 was a number considered acceptable from HCD’s standpoint. If anyone proposes a greater number, they would be required to obtain a conditional use permit.
Councilmember Boles asked about over 30 beds.
Sr. Planner Harkousha stated that the ordinance caps it at 30 as the maximum number of beds.
Councilmember Beckmeyer wanted to clarify something about the C2 zoning. She would like to hear about C2 zoning and whether or how shelters can be permitted in that type of zone.
Planning Director Murdock stated one requirement for identifying a zoning district for emergency shelter purposes is a zoning district that allows residential uses. Finding a district that allows residential use is the baseline. He stated that in Pacifica, there are purely residential districts that could have been selected or could be, and there are mixed use commercial and residential districts. He stated that, because of the proximity of our commercial zoning districts to all of those desirable services and required components of the analysis for suitability, C1 and C2 districts lend themselves most favorably in staff’s analysis, and C2 seems to be a better fit for a variety of reasons. They have to figure out how to make the zoning accommodated. The C2 district did not include a land use to allow emergency shelters and this would create an emergency shelter use as a defined use separate from the more conventional mixed use residential. He concluded that there may be a misunderstanding among some. As this ordinance has been drafted, a different use separate from residential above the ground floor is being created so a purely emergency shelter use could be located on a C2 zone site.
Mayor Bigstyck referred to the discussion of the caps on the number of people an emergency shelter could have, and asked if they could raise the cap past 30.
Planning Director Murdock stated that the 20- and 30- bed and person thresholds came out of discussion between city staff and HCD staff about trying to calibrate the right size to meet the city’s needs. He stated that 20 was the number HCD felt was large enough to have a reasonable chance of a shelter opening and a criteria of a larger shelter type between 20 and 30 with the 161 identified need and the sites available would meet the city’s obligations under state law. He acknowledged that Council could establish a different threshold as long as it is higher than the 20 and 30 thresholds established. He did not think HCD would have a concern with allowing larger shelters but they may have a concern with allowing smaller shelters.
Mayor Bigstyck recalls the conversation being that there is a mitigation plan in place for developments that come before the Planning Commission and asked if it would be appropriate to print a statement of acknowledgment on plans when they come through.
Planning Director Murdock thought it was a fine line to walk where they are putting clear operational standards consistent with state law without crossing over a threshold where they are imposing a higher level of review or additional requirements on these operations that are not applied to other residential uses. They do not have a current applicable plan covering those resources that they will not harm for single family residential projects that are roughly at the City Council Regular Meeting 10 November 27, 2023
scale of the type of shelter they would expect under this ordinance. They have tried to keep away from crossing that line and keeping space between the city and that ordinance. He stated that the statement Mayor Bigstyck would require to comply with state and federal laws in the ordinance does not place any burden on the operator to do anything other than read it and understand they have some obligations. However, to then require them to begin putting things on the plan or attesting to certain criteria, he stated that they would have to carefully look at each of those potential options.
Mayor Bigstyck asked, if they changed MPC down the road so even residences would have to print a statement of acknowledgment on their plans, whether that would translate over into developments such as these as well.
Planning Director Murdock thought it could, and it would perhaps be a stronger basis to apply a requirement that would apply to residential uses as well as emergency shelter uses, but they would need to look specifically at what those requirements are and compare them to the law in effect at that time.
City Attorney Kenyon stated that there is a currently a desire by the state and HCD to make these emergency shelters ministerial and not to discourage their development; it was important that the city not add any additional conditions or requirements that are different than what they do normally. She is concerned with how HCD would view that additional condition because, what staff has done in terms of putting additional verbiage in there related to state and federal law, they are already legally obligated to comply with that, but they would not be legally obligated to comply with acknowledgments. She stated that was an important distinction to remember and why staff is limiting the number of conditions that are being imposed. She stated, when Council suggests adding an item, she will have to go through the analysis. She stated that they would not want the legislative history to indicate that they were trying to impose additional conditions for emergency shelters different than others. If Council determines that emergency shelters present unique and impactful impacts, the state has made a policy determination on the city’s behalf that, regardless of whatever additional impact could be associated with emergency shelters, they should be allowed. She stated that any additional conditions need to be tied to other state or federal laws. If they are asking them to create new obligations that are not in any state or federal law, she would have concerns with that.
Mayor Bigstyck stated there is acknowledgment of state and federal law and the concern of the Commissioners then on the point of having it written on the plan was to make sure that, when they are developing it, they are aware of what state and federal law is. He thought that was where the concern was stemming from. He thinks it is good to make it as explicit as possible.
City Attorney Kenyon thought that was good direction and best practice, and she stated that staff would be able to address that without requiring a formal acknowledgment. When they are processing the applications, they will make sure that is occurring.
Mayor Bigstyck stated that the extended question gets into whether it might be appropriate to do that with residences at some point. He thought it would be a valuable conversation later for any regular use as it might turn out to be a best practice. Separately, he questioned whether they were worried about parking, given the ultimate Planning Commission recommendation, as it seemed there was conversation around parking.
Sr. Planner Harkousha stated that the ordinance does include a limitation on the number of parking spaces for emergency shelters and is similar with the off-street and parking/loading City Council Regular Meeting 11 November 27, 2023
ordinance (one parking space per volunteer or visitor) consistent with any other residential uses in the ordinance.
Mayor Bigstyck concluded that it is part and parcel of what HCD would want for this ordinance.
Sr. Planner Harkousha agreed.
Mayor Bigstyck stated that they have been working with HCD to make sure we clearly understand what they are asking for and we are delivering it correctly.
Planning Director Murdock stated that they believe the ordinance prepared by staff and advanced by the Planning Commission aligns with what the requirements of state law will be and will not run afoul of HCD’s review. He stated that they provided the draft ordinance to HCD and have not received comments back. He stated that staff has made all diligent efforts to coordinate with them in advance to get their guidance on what the ordinance should contain and craft that ordinance in alignment with that guidance.
Councilmember Boles stated that she has heard that the Community Center is sometimes used as an emergency shelter, and she asked if that fits under this definition.
Planning Director Murdock stated that he did not think the Community Center is used an emergency shelter but used as an emergency reception center to provide very short-term gathering place for people who may have been displaced before they can be advanced to an actual emergency shelter or other accommodation.
Mayor Bigstyck opened the public hearing.
Chris Redfield, Pacifica, stated he supported the addition of Article 53 to the zoning regulations of the Pacifica Municipal code, and shared his thoughts on this item.
Suzanne Moore, Pacifica, thanked staff and Planning Commission on this important item and shared her thoughts and asked a question on it.
Mayor Bigstyck closed the public hearing.
Councilmember Bier thanked the Planning Commission and staff, stating that she watched their meeting, and they were so thorough and answered all her questions.
Councilmember Beckmeyer asked about the issue of C2 in the coastal zone.
Planning Director Murdock stated that the emergency shelter ordinance would include C2 zone sites in the coastal zone, and he thought the misunderstanding might be stemming from the action the Planning Commission took to exclude CR, Commercial Recreation zone sites. They have the same allowable uses as the C2 zone and the Planning Commission’s recommendation was to not allow emergency shelters in the CR zone, as well as the professional office or O zone, as they rely on the allowable permitted and conditional uses of the C2 zoning district.
Those were carved out, and C2 even in the coastal zone remains, subject to the forthcoming Local Coastal Program amendment with the Coastal Commission.
Councilmember Boles stated that part of her concern is that none of the sites in the 18 are city property. That is why she is asking about the Community Center which she thought was M1 City Council Regular Meeting 12 November 27, 2023
zoning. Councilmember Boles thought, if the city wanted to create something on that land or another parcel we own that was not in the C2, she thought it would be a discretionary process at that point.
Planning Director Murdock stated that, as this ordinance is structured, to construct an emergency shelter outside of the C2 zone would require a zoning amendment to change the zoning to allow an emergency shelter in a different zoning district beyond C2.
Councilmember Boles concluded that it was not impossible but just another hurdle for them if they wanted to do that.
Planning Director Murdock stated it would just be a different ordinance. He stated that staff identified C2 as meeting the requirements of state law and advancing that within the boundaries of a variety of considerations and available zoning districts. He thought emergency shelters could be allowed in more zoning districts, but this was a policy choice for Council.
Councilmember Boles stated it would be nice if we had a city facility that could accommodate something, even if not the full services.
Planning Director Murdock suggested, in the event of a major regional emergency, Council has other tools available to provide for those needs. This is not intended for that type of situation; this is a more steady-state community wide need of long-term unhoused in many cases and the shelter capacity that those individuals need.
Councilmember Boles referred to the number limits and stated she can understand the limits if they are thinking about a shelter in terms of a room with a number of beds in it. She stated that there are a few navigation centers that can go to 40 or 50, and her concern is that if they are limiting it to 20 or 30, they may not be able to get sheltered beds and a decent priced project to meet our needs which is 161. She stated, if possible, she would like to change those numbers and reduce that limitation. She asked, regarding the limited term stay of six months, if that was something coming from HCD or something we are proposing, as what she is hearing about the navigation center is that the average is about nine months.
Planning Director Murdock stated that it is a policy choice for Council whether or not to increase the number. He stated that 20 or 30 are the numbers that HCD thought would comply with the requirements of state law but there is no reason that Council could not allow more if that was their policy decision. He stated that, related to the stays, they cannot limit the stays to less than 6 months but Council could extend the stay. He stated that could change the nature of it being an emergency shelter into some other longer term housing type.
City Attorney Kenyon wanted to provide clarification. There is supportive housing, which is usually created by the city as transitional housing, and that is not the purpose of these emergency shelter ordinances. She stated supportive housing, which is along the lines they are discussing, usually are instigated by the cities themselves. In that process, everything is done, i.e. zoning changes, code amendments, and grant funding. She stated that they would not want to use emergency shelters, which is different than supportive housing. Emergency shelters are for temporary shelter, not for a declaration of emergency such as earthquake, fire, etc., but for some type of organization to provide emergency shelter for people. Getting into supportive housing takes a very long time as there are processes, regulations, and rules to meet before they can get into supportive housing. She stated that it is not as quick as an emergency shelter would allow. She thinks it is important to look at this as just another tool. She stated that City Council Regular Meeting 13 November 27, 2023
supportive housing can still happen in Pacifica but usually supportive housing is a collaborative effort between the city, state, and other property owners if needed. She did not want them to think the city will be precluded from addressing transitional or supportive housing in a more thorough manner. She stated this will not prevent that, but this ordinance was drafted as it was, as indicated by staff, because of HCD’s requirements that we adopt this ordinance in order to get our Housing Element certified. She stated that it was a monumental lift by Planning staff to put this together in the short time they did, but it was not intended to address all of the transitional or supporting housing needs of the city and it does not preclude that either. She stated that it would not be surprising that, if a supportive housing opportunity came to the city, it would require zoning code amendments or General Plan amendments. She stated that, for those who have engaged with other development projects that have gone through, it was quite common for development projects to come through and application along with a zoning amendment or General Plan amendment. It does not prohibit the processing of the application.
In the same fashion, this ordinance would never prohibit the city from looking into, exploring, and even citing more in-depth supportive or transitional housing. She stated that usually requires grant funding because of the expense.
Councilmember Bier thought it would be great to increase the number of beds. She also understands the difference between the emergency shelters and interim housing. She stated they want to make sure they are able to build something as extensive as a navigation center.
Councilmember Boles highlighted the definition of emergency shelters mentioning navigation centers, and that is why she sees that it is broader than just an emergency shelter.
Councilmember Bier stated that is what this is allowing them to do by this definition.
Mayor Bigstyck thought the concern Councilmember Boles is expressing is in regards to the effectiveness of a navigation center if they cap it at 30.
Councilmember Boles added about capping it at six months if someone needs a little bit longer.
City Attorney Kenyon thought it was important to remember that the supportive housing that Councilmember Boles is referring to is supportive housing that usually is done through state grant funding and this is something that usually comes from and is initiated by the city. What this ordinance is focused on are private property owners and affordable housing groups who may want to develop this on their own. They should not expect that they are going to have private property owners or non-profit organizations come in and want to build huge supportive housing. That usually comes from the city because it is a lot of resources and is complex, requiring collaboration with the state, city, and property owners. She is emphasizing that this ordinance would not preclude that, but this ordinance is not designed to address true supportive housing and transitional housing that is very in-depth in terms of programs, rules, and regulations to follow, in order to get into the supportive housing versus what would be required to get into an emergency shelter of this nature.
Councilmember Bier asked if 50 could work for a heightened cap.
Councilmember Boles did not know if it relates to the size of the property.
Mayor Bigstyck stated that the biggest piece of vacant land was 1.3 or 1.5 acres.
Sr. Planner Harkousha stated 1.85 acres for the largest one.
City Council Regular Meeting 14 November 27, 2023
Councilmember Boles asked if they were saying 200 square feet per person, plus the parking.
Sr. Planner Harkousha stated that was generally the acceptable amount.
Councilmember Boles thought the analysis was for 3/4 of an acre site and that was enough for
30. She stated that, if they have an acre and a half, they could go up to 60.
Councilmember Beckmeyer stated she wants to make sure they are not getting too far outside of their goals and objectives. She was not sure she was ready to change things at this time.
Commissioner Wright stated that the Planning Commission did not consider anything larger and he added that staff took this on themselves. They have submitted to HCD and this would change that submission.
Councilmember Boles stated that staff said previously that they could provide the minimum.
Planning Director Murdock stated that, from an initial policy standpoint, they tried to understand what the requirement would be from HCD and they had those conversations. Staff thinks this would meet the requirements, i.e., 20 and 30 respective thresholds. As a policy matter, when the state has required the city to allow something by right, staff has tried to do enough to comply with the law but preserve as much local discretion as possible, at least in the beginning stages of a new ordinance. He stated that a good example has been how the community has acclimated to the accessory dwelling unit requirements of state law. He stated that the appetite and temperament can change over time. He stated it was his judgment in figuring out where to set the initial thresholds to not go too far and see if we can meet the requirements of state law, figure out how they work, determine if there is a desire or appetite to expand them, or if that already exists. He thinks analogous to residential uses, it would be hard for him to suggest allowing a 40- or 50-unit housing project by right without figuring out how the 20-unit housing project by right is working or not working. He stated that it was from that standpoint that staff prepared the ordinance, but they are there to support where the Council’s level of comfort and appetite is for these types of uses.
Mayor Bigstyck stated that he was on the Planning Commission when they were having the ADU discussions. Previously when the County was seeking a place to extend Project Room Key funds in Pacifica, it strikes him that they were not able to find a facility that fit what they were looking for. He thinks that, if someone was interested in developing something larger than 30, they could revisit that conversation to rezone and reconfigure as the City Attorney demonstrated, as they have the capacity to change things. For now, to satisfy HCD, he sees the wisdom in retaining the local control in the interim while they look about to discover if anyone would have the interest of doing something larger than 30.
City Manager Woodhouse referred to the policy decision of the size threshold and reminded the Council that, while raising the threshold is good from one policy perspective, it also has the implications of losing control over those larger projects, including parking and environmental review.
Mayor Bigstyck also added CEQA review.
Councilember Beckmeyer moved to waive the first reading and introduce by title only “An Ordinance of the City Council of the City of Pacifica to enact a new Article 53 “Emergency City Council Regular Meeting 15 November 27, 2023
Shelters”, to amend Article 11 “C-2 Community Commercial District”, as stated in the agenda; seconded by Councilmember Bier.
Mayor Bigstyck then asked if there was discussion.
Councilmember Bier asked if they can increase the cap slightly.
Mayor Bigstyck asked if she has a number in mind.
Councilmember Bier stated not much more than 30, but maybe 40, because our community needs to see we are serious about taking care of our homeless citizens.
Mayor Bigstyck stated that an alternative motion could be made or she can ask the maker of the motion to amend her motion. He asked if there is any other discussion on the point.
Councilmember Beckmeyer acknowledged Councilmember Bier’s suggestion but she is not prepared to amend the motion. She feels concerned about stepping away from what the Planning Commission has reviewed and put forward to Council at this meeting.
Councilmember Bier understood that and acknowledged that it was an opportunity for Council to speak up and support our community in any way we can.
Councilmember Boles appreciated the compromise. She thought, if HCD wants to see the 20 or 30 as a minimum, adding another 10 does not necessarily change the HCD review process or where they are in our Housing Element. She thought it was important to show that Council does have a commitment to our unhoused. As City Attorney mentioned, cities often are the ones to start these projects, but the County also has a commitment to functional zero homelessness and they are working to buy properties and build the shelters in cities that want to have that happen. She stated that we have a unique need here because we do not have transportation where people in shelters on the coast or other cities cannot easily get to their jobs or families in town. She stated that adding another 10 would make her feel better and takes the discretionary process. These tend to be controversial projects, and the better project that is viable and be built without going through the other step of a discretionary review process would certainly make those easier to build. She feels strongly that it is a good compromise and show of solidarity.
Planning Director Murdock reminded Council that the city will be undertaking a massive zoning exercise in the next 1-2 years to revisit significant portions of the zoning code as required as a program in the Housing Element. He stated that is a time when staff expects to have to revisit this ordinance anyway because many of these areas might be rezoned to other zoning districts other than C2. They will be coming back to figure out what zoning districts remain appropriate for emergency shelters in light of that massive rezoning. That is a time to come back and consider if they should also modify the numbers. He stated that it is in the not too distant future where this question will be coming forward to Planning Commission and Council. That would give staff more time to be deliberative and thoughtful and figure out if recalibrating those thresholds are appropriate and be better prepared to offer them the policy tradeoffs of doing the hard work now and increasing the permitted number.
City Council Regular Meeting 16 November 27, 2023
RESULT: ADOPTED [4-0]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Bigstyck, Beckmeyer, Bier, Boles
ABSENT: Vaterlaus
Mayor Bigstyck called for a recess and then reconvened the meeting.
CONSIDERATION
7. Consideration and Adoption of Resolution Approving Second Amendment to Restated Employment Agreement between the City of Pacifica and Kevin Woodhouse as City Manager
PROPOSED ACTION: Move to adopt resolution approving the Second Amendment to Restated Employment Agreement between the City of Pacifica and Kevin Woodhouse.
Mayor Bigstyck presented the subcommittee report.
Councilmember Beckmeyer stated that she and the Mayor worked on this in due diligence, comparing to other cities and considering all the City Manager’s accomplishments for the city in the past few years. She felt City Manager Woodhouse has done an amazing job holding things together and keeping everybody moving forward and building an amazing executive team which helps the city continuing to move forward. She feels this is warranted and that is why she and the Mayor brought this recommendation to Council.
Mayor Bigstyck asked if Councilmembers had any questions before going to public comment.
Councilmember Boles agreed with Councilmember Beckmeyer’s comments that they have committed to all of our staff this year in labor negotiations, especially to raise the salary levels of jobs way below the same job in the county. She stated that it is important as they are losing staff as it is easy for them to find jobs in other cities that can pay more and require less of them.
She stated that they are proposing a 14% increase this year but some of the other increases they made to other positions were 7% this year and 7% next year. They are not doing something that is out of alignment with the general policies they have set for other employees.
She asked if that conclusion is correct.
Mayor Bigstyck stated that it is correct.
Councilmember Beckmeyer added that it is a huge accomplishment.
Mayor Bigstyck agreed.
Brent Turner, Pacifica, stated that he does not support the subcommittee recommendation and shared his thoughts and concerns on this issue.
Chris Redfield, Pacifica, shared his positive thoughts on this issue.
Mayor Bigstyck closed public comments. He then referred to Councilmember Boles’ question about dividing the increase across some years. They did consider this, but it would not get him closer to the median, as they are also doing for all city employees. He thinks, by giving him this City Council Regular Meeting 17 November 27, 2023
increase, they are going to be able to get closer through other incremental changes going forward. He also stated that every other city employee experiences a measure of job security that City Manager Woodhouse does not. He stated that, if they were to hire a new city manager, it would be a lot more than what is being asked for. He stated that, over the course of the last six years, while he has continuously been the lowest paid city manager based on the compensation surveys they checked, there have also been moments where, in deference to how far behind our staff is and how much we would wish to pay our staff what they are worth, he has asked for extraordinarily modest pay raises. Since then, the development has been Measure Y, and Measure Y would not be on the ballot if not for the good foresight of our City Manager, who enabled us to figure out a way to be able to get our city employees closer to what we would actually want to pay them. He stated that this first year, $1.5 million has been allocated to those pay raises and another million on top of that will be allocated next year.
While they were able to do that in one fell swoop, the way they adjust to the City Manager is a little different since he does not have the same level of stability and job security in terms of his job. He stated, given how far behind he chose to keep himself while they tried to figure out a way to do everything they could to keep staff happy to the point of them coming back to their jobs, he feels after the City Manager spent a great deal of time not asking for much of a pay raise, they are catching him up to below 9% of median. Even though it is now rather than over two years, it was proper to allow that in order to get him closer, so when incremental requests come down the pipe later, we are getting closer rather than continuously further away.
Councilmember Bier referred to Councilmember Boles asking about the 7% each year and asked the Mayor to explain that.
Mayor Bigstyck knows there is a particular formula, including an equity adjustment on top of 4% that was across the board.
Councilmember Beckmeyer explained our staff are behind other staff in the county. The amount of money the city has to operate to do all the functions needing to be done is not enough to keep pace with all the rising costs. She stated that, on investing in staff, the approach now is to look, as not every job is the same across the board in the same state. She referred to the approach to be aware and be able to come forward with a proposal such as the one they are working on: A base increase and, depending on where the position falls and how far away from the median they are, there would be an equity increase. She stated that, some cases would be more than other cases because they need to get these positions moved up.
She stated it was a multi-year strategy and something staff has worked hard to craft and working with labor partners. She believes it is because of the City Manager’s leadership. The city is able to run on less staff because the City Manager develops a staff that works hard not just for the money but because of the work and commitment and environment. She stated it is all about developing the staff we have and helping them to move forward, and that is what the City Manager has brought.
Mayor Bigstyck stated it was 4% base plus a cost of living adjustment and an equity adjustment.
Councilmember Bier believes the City Manager is well-respected across the county. She thought it would be easy for him to find a position somewhere else and they would not find the knowledge, transparency, and patience he has in anyone else. She stated that, if they were to try to hire another city manager, not only would they have to significantly increase the pay, but they would also lose the historical knowledge. She stated that we need that continuity and perseverance, and she believes that he deserves this. She was glad they are talking about other employees because they are paying attention to that. She thanked Councilmember City Council Regular Meeting 18 November 27, 2023
Beckmeyer for commenting on the multi-year strategy. She felt they have made a historical investment in our staff which they deserve, as well as City Manager Woodhouse.
Mayor Bigstyck stated that, as a City Manager serves specifically at the will of Council, unlike any other employee, every two years Councils turn over, depending on the Council and their relationship with their city manager, in other cities, so do city managers.
Councilmember Boles agrees with everything everyone was saying, and she appreciated getting to know the City Manager this year. She stated that she heard Mr. Turner, adding that she also had her frustrations before. She referred to something the City Attorney said a few weeks ago, i.e., that she is the city attorney for five different cities and in the last year, four of those cities have lost their city managers. She thought about the turmoil with all the ongoing projects that need that continuity and Vision 2025 is trying to bring us to a place of financial stability for the long term. Measure Y is just a part of that, but a lot more is coming, as well as the marketing strategies. She felt it was critical that we do not lose this talent.
Councilmember Bier appreciated Councilmember Boles’ comments as she is sure people do have frustration and it is hard to get to know someone in that position.
Councilmember Boles encouraged the public to reach out to Council as well, as they can listen to their concerns, evaluate them, and bring them to the right staff person.
Councilmember Bier referred to the team he has brought in and been able to put together.
Mayor Bigstyck thought part of the reason they keep them is because of the culture that the City Manager instituted so they all feel safe to be here. He referred to the response from staff saying that they feel supported.
Councilmember Beckmeyer stated that she is very satisfied with what he is doing in a supervisory position. She knows it is going to be challenging as we continue to have hard work to do. They are moving the city forward and keeping it resilient for the future, and hard work had to happen. She stated that they have to keep moving forward and that is what they have with the City Manager and the leadership team we have.
Mayor Bigstyck was aware that the City Manager knows he could get more money somewhere else, and he feels it should be openly stated. He stated City Manager Woodhouse went from being the youngest city manager to one of the more seasoned with a particular jurisdiction and the knowledge he has is extraordinary and it invaluable. He pointed out how hard it was to figure out how to harmonize the budget against what they wish to give staff. He thanks him for deciding to stay because he has gotten a lot over the finish line and because he cares about staff, Council, and our community. He cultivates staff as a family rather than as a business. He thanked the City Manager for his leadership. He knows it is a team that supports him so he can lead us but they would not be able to if he was not leading us.
Mayor Bigstyck moved to adopt the resolution approving the Second Amendment to Restated Employment Agreement between the City of Pacifica and Kevin Woodhouse; seconded by Councilmember Beckmeyer.
City Manager Woodhouse stated that a lot of the kind words resonate with him and he expressed his gratitude for being able to continue to serve as Pacifica’s City Manager and for his confidence in the quality of the job he is doing. He stated that running a city, as all City Council Regular Meeting 19 November 27, 2023
mentioned, is an incredible team effort from the hard work by Councilmembers to an executive team and every staff member of every department, in addition to all the commission and committee volunteers and engaged members of the community, which all work together to successfully run a city and accomplish what they are trying to accomplish. He stated that it is his honor and privilege to continue to work on the many existing priorities and day-to-day services that Pacifica is undertaking.
Councilmember Bier also thanked him for uplifting his staff.
RESULT: ADOPTED [4-0]
MOVER: Tygarjas Bigstyck, Mayor
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Beckmeyer, Bier, Boles
ABSENT: Vaterlaus
ADJOURN
Mayor Bigstyck stated that they are going to adjourn in the memory of Don Horsley, and he wanted to take a moment to share any stories.
Councilmember Beckmeyer stated that Don Horsley was very supportive, especially for our new library. He supported our efforts for the library project and gave us county level funding to pay for our architectural studies and renderings to help us reach out to the community and get their needs identified, which was a high priority for him; he cared a lot for libraries and kids and learning. She thinks about his career starting in our Pacifica Police Department which was important; relationships were built at that time that served us as he moved into the sheriff’s department and up to a supervisorial governance. She stated that, at those levels of leadership in law enforcement, they understand the investment in education and people’s worth, value, and knowledge. She stated that he enacted in this city what would help move all systems forward and she was grateful to him for that vision, leadership, and support.
Councilmember Bier stated that he guided her when she was first elected. She sat on the HOPE Inter-Agency Council with him, and she appreciated how kind and stern he was. She thought he was humble and the leadership he showed taught them all something. She loved his relationship with Chris Hunter and watching it grow over the years.
Councilmember Boles stated that he stepped down from the supervisor role just as she was elected and thus didn’t get to work with him, but she referred to his 50 years of public service.
She then read a comment about him given by Jackie Speier.
City Manager Woodhouse thought the one thing he would say about Don Horsley is that he was very honest about what we were trying to do. He met with him on numerous issues, i.e. loans from the county for potential library, civic center, etc., and his honesty and transparency is a value that everyone valued, which carried him a long way in his 50 years of public service.
Mayor Bigstyck referred to what Councilmember Bier said, i.e., you show up and over time something can happen but it does not happen overnight. County Supervisor Horsley’s presence had the softness and the persistence and power of water. He asked Don Horsley if he would support him for Council and he responded positively. He mentioned a moment at the Sanchez Adobe when the museum space was opened and Don Horsley took it upon himself to tell him he was doing a good job and that meant so much to him. County Supervisor Horsley was an extraordinarily gentle soul who spent his life trying to make things better for all of us. He stated City Council Regular Meeting 20 November 27, 2023
that Don Horsley was going to be missed and he thanked him for a half century of working on our behalf.
Mayor Bigstyck then adjourned the meeting at 10:33 p.m. in memory of Don Horsley.
Transcribed by Barbara Medina, Public Meeting Stenographer.
Respectfully Submitted,
Sarah Coffey, City Clerk
APPROVED: 5 - 0; 12/11/2023
__________________________
Tygarjas Bigstyck, Mayor