CITY OF PACIFICA
CITY COUNCIL MINUTES
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Sue Vaterlaus
Mayor pro Tem Sue Beckmeyer
Councilmember Mary Bier
Councilmember Tygarjas Bigstyck
Councilmember Christine Boles
City Council Regular Meeting 1 November 12, 2024
SPECIAL AND REGULAR MEETING
November 12, 2024 (TUESDAY)
www.cityofpacifica.org
Mayor Sue Vaterlaus called the meeting to order on November 12, 2024 at 5:00 PM 5:00 PM - CLOSED SESSION
Mayor Vaterlaus called the meeting to order at 5:00 p.m. 00a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code section 54957.
Title: City Manager.
7:00 PM OPEN SESSION
Call to Order
Mayor Vaterlaus reconvened the meeting at 7:12 p.m.
Attendee Name Title Status Arrived
Sue Vaterlaus Mayor Present
Sue Beckmeyer Mayor pro Tem Present
Mary Bier Councilmember Present
Tygarjas Bigstyck Councilmember Present
Christine Boles Councilmember Present
City Clerk Coffey took a verbal roll call.
Staff Present: Kevin Woodhouse, City Manager; Denise Bazzano, Asst. City Attorney; Yulia Carter, Asst. City Manager; Maria Sarasua, Police Chief; Kavitha Kumar, Interim Community Development Director; John Mullins, PW Interim Director; Louis Sun, PW Dep. DirectorWastewater Div.; Bill Glasgo, Police Captain; Chris Clements, Police Captain; Scott Leslie, PB&R Director; Amber Shong, Recreation Supervisor; Sarah Coffey, City Clerk; Emily La, Dep.
City Clerk.
Reading of Land Acknowledgment
Mayor Vaterlaus read the Land Acknowledgment.
City Council Regular Meeting 2 November 12, 2024
Salute to the Flag led by Mayor Vaterlaus.
Closed Session Report
Asst. City Attorney Bazzano stated there was no reportable action.
SPECIAL PRESENTATIONS
A. Proclamation - Frank Erbacher
Mayor Vaterlaus read a proclamation honoring Frank Erbacher for his 30 years of public service to Pacifica.
Mr. Erbacher thanked them and stated that he is here because others were instrumental in helping the City. He named Roger Spindler, a Korean war veteran, who was an Emergency Preparedness and Safety Commission member who was crucial to preparing for emergencies.
Police Captain Clements stated he was staff liaison until recently for the Emergency Preparedness and Safety Commission and he had the honor of meeting Mr. Erbacher in 2016 when he became the staff liaison. He stated that Mr. Erbacher brought professional experience as a civil engineer and has made an impact with his presence on the Commission and his passion about our community.
Vice Chair Gregor Blackburn of the Emergency Preparedness and Safety Commission thanked Council for the proclamation and acknowledged Mr. Erbacher’s knowledge and experience.
They are grateful and thankful for his work and efforts.
Councilmember Bigstyck stated that he had the honor of serving as a liaison on Emergency Preparedness and Safety Commission for his first two years on Council and had the pleasure to be in the room with Mr. Erbacher. He stated Mr. Erbacher’s passion shows through to help our community become a safer, healthier, and happier place.
Mayor pro Tem Beckmeyer thanked him for all he has done. She first met him through FogFest.
Since then, it has been a pleasure for her to spend time with him socially and have that ongoing touch point through FogFest. She acknowledged him talking about who led him, but he has led so many more and they will always look up to him and appreciate his leadership in this area.
Councilmember Boles stated she has had the joy of serving with him now these last two years and she knows how dedicated he is. She knows the experience and knowledge he brings to the Commission including the forward thinking on technical issues as they delve into making our community safer. She appreciated his humor and felt he brings a lightheartedness to the meetings that makes the work fun. She thanked him for being part of the team to help them all be safer.
Councilmember Bier also sat on the Emergency Preparedness and Safety Commission on her first year on Council. She looked to him to learn what a Commission is supposed to be and how Commissioners are supposed to act and how they give back to our communities. She also wanted him to know that his family has been a blessing in her life for a very long time as she got to work with his wife, Barbara, doing some housing work, as well as their daughter, Robin. She thanked him for everything he did for our community and she appreciates him so much.
City Council Regular Meeting 3 November 12, 2024
Mayor Vaterlaus stated she attended two Emergency Preparedness and Safety Commission meetings. She remembers talking to him and they both had a strong opinion and she appreciated that in people. She thanked him for his 30 years of service.
CONSENT CALENDAR
Mayor Vaterlaus asked Councilmembers if anyone wants to pull an item from consent.
Mayor pro Tem Beckmeyer wanted to make a request on Item 6. She stated that she knows that it is their quarterly financial report and it is specific regarding to the utility user’s tax and there was reference in the staff report about more research needed. She asked if it is already an assigned item that we are going to look into and figure out with PG&E on what is going on with the numbers.
City Manager Woodhouse stated that staff intends to look into that.
Mayor pro Tem Beckmeyer stated staff can circle back with Council.
Councilmember Bier also had a comment on Item 7. She thanked the Pacifica Police Department and our Police Chief for applying to and getting funding and she is really impressed to see this work. She stated that it is for enforcement and educational activities regarding tobacco sales.
There were no public comments.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
1. Approval of Disbursements for 10/01/24 through 10/31/24.
PROPOSED ACTION: Receive and file the Monthly Check Register Report for the month of October 2024.
2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the September 17, 2024 City Council Special Meeting.
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 23, 2024 City Council Meeting City Council Regular Meeting 4 November 12, 2024
PROPOSED ACTION: Move to approve cancellation of the December 23, 2024 regular City Council meeting.
6. Quarterly Financial Report for the Quarter ending June 30, 2024 PROPOSED ACTION: Review and accept the Quarterly Financial Report for the Quarter ending June 30, 2024
7. Resolution accepting a grant award from the State of California Department of Justice 2024-25 Tobacco Grant Program
PROPOSED ACTION: Move to adopt a resolution accepting a $62,713 grant award from the State of California Department of Justice, Office of Attorney General Tobacco Grant Program for enforcement and educational activities regarding tobacco sales regulations.
PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Mayor Vaterlaus opened public comment. Seeing no one, she closed public comment.
During Council Communications, Mayor Vaterlaus reopened public comment.
Ricardo Guerraz, Pacifica, stated people are stealing his dogs and he reported it, wrote letters, and shared documentations of what has been happening to him, and is told that he is lying and he asked what he can do to get his rights back.
Mayor Vaterlaus closed public comments and resumed Council Communications.
COUNCIL COMMUNICATIONS
Councilmember Bigstyck wished everyone a belated Happy Veteran’s Day. He attended the Library Joint Powers Authority meeting. He stated the NASA Ames Research Center at Moffett Field held a lunch in honor of outgoing Congresswoman Anna Eshoo and it was great to have the opportunity to honor our congresswoman as well as great to explore a part of the Bay Area that he would not normally have the opportunity to explore. As part of the tour of the museum, they created challenge coins in honor of Congresswoman Eshoo. He understood that, before coming to Pacifica, our City Manager did some work in terms of making sure we have that Moffett Field hangar in one area alongside our Congresswoman. He wanted to give a challenge coin to City Manager for the work he did there. He thanked the City Manager, not just for the work he does for Pacifica, but the work he was doing long before he got to Pacifica.
Mayor pro Tem Beckmeyer stated she missed planting the latest beautiful tree, Olivia, at the Tree City Pacifica Arbor Day celebration, but a number of fifth grade students at Cabrillo School won accolades for their art submitted to the art competition. She spoke with Boy Scouts last Monday and there were insightful questions and it was a great opportunity. She shared information about EarthCapades, who have a contract with BAWSCA, and they do assemblies at schools around the Bay Area and develop curriculum-based information about the water cycle. She had a couple of meetings related to the Local Government Working Group, developing the basic concept of neighborhood approach. She mentioned a NOAA training that aligned with it. She stated Skyline College did a reception in their art gallery, and she attended a breakfast where she met a few councilmembers from around the county.
Councilmember Bier thanked Tree City Pacifica for Arbor Day and Council planted an olive tree City Council Regular Meeting 5 November 12, 2024
and named her Olivia. She gave a shout-out to Tree City Pacifica and to PB&R Director Scott Leslie. She stated that we had an election, and she thanked all the candidates for showing up and being willing to serve. She thanked everyone who attended the Pacifica Collaborative as they had an opportunity to do some mindfulness exercises with Melissa Ambrose, the Wellness Coordinator for Jefferson Union High School District. She thanked the library for having ornament making and for giving them something fun to do.
Councilmember Boles thanked Interim PW Dir. John Mullins and his family for their time and involvement in Arbor Day. She stated that the NOAA presentation was happening the same week. She stated it is a two-half day workshop and they are only allowed to host 30 people.
NOAA runs the meetings and they are going to be online on Zoom and they want small breakout sessions so everyone can be engaged and thoughtful about the material and generating ideas and thoughts about how to move forward. She stated Kelsey Ducklow from the Coastal Commission will be joining them. She stated that the Coastal Commission is now doing updated policy guidance on sea level rise which includes updated science, an environmental justice element, etc.
(During Council Communications, Mayor Vaterlaus reopened public comment, as noted above.
Mayor Vaterlaus closed public comment again and returned to Council Communications.) Councilmember Boles stated that she attended an online first session of the California Association of Youth Commissioners which was organized by students in Hillsborough who are looking to do partnerships with other commissions statewide. She stated that there were great presentations by guest speakers. She stated that it was powerful coming after the election and still showing hope and how important and needed these youth voices are as part of city government.
Mayor Vaterlaus stated that she had interesting conversations with at least four students calling to ask her opinion on various propositions and it was fun. She attended the employee Halloween party, went to the tree planting where Council planted Olivia, went with Mayor pro Tem Beckmeyer to the Chamber awards, and attended two different election parties. She talked to various public members about short-term rentals and tonight is the Fairmont Homeowners Association which she could not attend, so she spent a good amount of time talking to the President of the Association about the Housing Element. She added that the Tree Lighting is on December 1 in Rockaway and shared the many festivities that will take place at the Tree Lighting.
STAFF COMMUNICATIONS
City Manager Woodhouse reminded residents to sign up for SMC Alert, especially being on the verge of winter and rain and storms.
Councilmember Bigstyck stated he was aware that we are due for some king tides, reminded locals to stay clear of Beach Boulevard or the shoreline between those dates, especially.
City Manager Woodhouse thanked him for that reminder as it was true that, during king tides and large wave activities, often people are tempted to come to Beach Boulevard to the promenade to observe but that makes some of the traffic control more dangerous so they discourage people from doing that. He then mentioned a fun item as we are settling into the new Civic Center. Staff have been able to restart school tours, including two school tours from Ocean Shore classes and an upcoming tour with a class of eighth graders that will be more City Council Regular Meeting 6 November 12, 2024
involved as we are planning a tour of the Civic Center and then a mock meeting at Council Chambers as a learning opportunity. He stated that it is a fun way to use the Civic Center as a learning tool. He also mentioned that we have a number of new employees that are coming on board and in the January timeframe he would like to do a special presentation where new employees that are available come to a Council meeting. He looks forward to being able to publicly introduce these employees.
Councilmember Bigstyck shared that the school district is having a groundbreaking at the former Oddstad Elementary site on November 18.
Mayor Vaterlaus stated that is the groundbreaking for the new school district housing and we have been looking forward to it for 8-10 years.
PUBLIC HEARINGS
8. Consideration of an appeal of File No. 2024-004 (CDP-465-24, ULS-009-24, RDP-005- 24) and upholding 1) the ministerial approval of the Urban Lot Split and Residential Development Permit and 2) Planning Commission’s approval of the Coastal Development Permit. File No. 2024-004 authorizes an urban lot split for an approximately 7,289 square foot (SF) undeveloped parcel into two parcels and development of a one single-family residence on each new lot at Olympian Way (APN 023-037-030).
PROPOSED ACTION: ADOPT A RESOLUTION DENYING THE APPEAL OF FILE NO. 2024-004 (CDP-465-24, ULS-009-24, RDP-005-24) AND UPHOLDING 1) THE
MINISTERIAL APPROVAL OF THE URBAN LOT SPLIT AND RESIDENTIAL DEVELOPMENT PERMIT AND 2) PLANNING COMMISSION’S APPROVAL OF COASTAL DEVELOPMENT PERMIT. (FILE NO. 2024-004)
City Manager Woodhouse announced that, for this item, the appellants have withdrawn this appeal. Therefore, there is no public hearing that will be held and no action is necessary.
RESULT: WITHDRAWN
CONSIDERATION
9. Resolutions to repeal and replace Administrative Policy No. 3 “Regulations For Use of City Council Chambers” with new Policy entitled “Public Use of the Community Center, Civic Center and City Council Chambers” and amend Administrative Policy No. 2 “City Fees and Charges” (Master Fee Schedule) to add fees related to use of Community Center, Civic Center and City Council Chambers.
PROPOSED ACTION: Move to:
1) Adopt a Resolution to repeal and replace Administrative Policy No. 3 “Regulations For Use of City Council Chambers” with new Policy entitled “Public Use of the Community Center, Civic Center and City Council Chambers” to allow the public use of City-owned indoor facilities in accordance with established procedures and policies to ensure their proper use.
2) Adopt a Resolution to amend Administrative Policy No. 2 “City Fees and Charges” to update and include fees related to use of the Community Center, Civic Center and City Council Chambers.
City Council Regular Meeting 7 November 12, 2024
PB&R Director Leslie began the staff report.
Recreation Supervisor Shong continued the staff report.
Councilmember Bier asked what scheduling nine months in advance means and how it works.
PB&R Director Leslie stated that it means that an applicant can apply for a meeting nine months from now: Pacifica residents, businesses and non-profits could request nine months in advance, but non-residents and non-local organizations could request it three months in advance.
Municipal use can reserve a space anytime. He stated that PB&R did an internal audit of the current renters and rentals that we have had over the last few years and found, based on the proposed classifications, about 80% are in group 2, residents and businesses, and about 10% in group 3 and group 4, non-local organizations. He stated that is the majority of people who rent their spaces in the Community Center, which is the only current public space the City is renting, and we would assume it would be similar to the new spaces of Council Chamber and Civic Center. He stated that, although we have a classification for non-profits, the reality is the vast majority of non-profits that have rented or used our facility are from in town. He then continued the staff report.
Recreation Supervisor Shong continued the staff report.
PB&R Director Leslie completed the staff report. He noted that after the publication of the Agenda, there are few staff-recommended edits to the policy on the fees – on packet page 176 we would like to take out the verbiage, “Weekend rates begin Friday after 1:30pm through Sunday” as that was left over from the previous rental policy in the Master Fee Schedule. Now there are specific days for which those rates would occur, Monday through Friday and Saturday and Sunday for the Civic Center and the Community Center and the City Council Chambers is available Thursday through Sunday with one fee for all those days considered all the same days. Another change is on packet page 161 (Policy Section 4 b & c), there was some language left over that considered building attendant fees that are now included in the overall hourly rates and there are no longer extra costs for the building attendant. He stated that on packet page 203 there were incorrect references to the current non-resident weekday fees, which did not affect the proposed fees. A slide was projected to show the correct current fees.
Mayor Vaterlaus made a note that the tree fee in the Master Fee Schedule had changed from $1,000 to $250.
City Clerk Coffey stated that the tree fee from $1,000 to $250 was changed as directed by Council with the budget approval of the Master Fee Schedule. She stated that it has not a change from what has been approved with the budget.
Councilmember Bigstyck referred to Administrative Policy No. 8, and asked if there would not be a circumstance in which one of our non-profits would want to use one of the spaces during business hours for fundraising.
PB&R Director Leslie stated he talked to staff and is unaware of any specific circumstance when that would have occurred and he thought, with the policy, a concern was that, if we had admission fees at the Civic Center, the building needs to be available to the public and we did not want there to be confusion that any fees would be required as part of entry into the facility or use of the restrooms in a public facility during normal business hours. Staff looked into other municipalities that had similar rules.
City Council Regular Meeting 8 November 12, 2024
Councilmember Bigstyck asked if there is flexibility in this framework that, if there are circumstances that come up that make us potentially have a reason to re-evaluate things that have not been addressed in the framework, as City Manager has final approval, would this policy be brought back to Council to reconfigure later.
PB&R Director Leslie stated that one thing we have not looked at after talking to a variety of staff members and people in other cities is that additional rules are brought in, i.e., a circumstance will come up and a policy will be created because of that, from decoration policies, noise level policies, parking policies, etc. At this point, the way the structures are handled are at a department or city level, but if there was something of significance, staff would bring it back to be resolved for future considerations. He added that the City Manager would have the ultimate ability to make adjustments as needed.
Councilmember Bigstyck stated, if something came up slightly outside of the framework but seems relatively straightforward, the question of if it does or does not fit our policy would be escalated up and addressed accordingly and brought back for reconfiguration.
PB&R Director Leslie stated that, under group 1, the municipal use, he could see PB&R, Economic Development Committee, etc. co-sponsoring an activity that would make it official City business, in which case a fee could be waived. He stated that circumstances like that do come up, such as the FogFest Committee, Economic Development, etc.
Councilmember Bigstyck asked about the possibility of a wedding taking place at Council Chambers for 20 guests but they ask six months in advance instead of three months.
PB&R Director Leslie stated, as written, if they are out of town they would have to wait until three months. He stated that usually spaces are available three months out except during the summer on the weekends at the Community Center and he stated that we do not have any history with the Civic Center or Council Chambers for availability or what the interest would be.
He stated that based on developments this could be adjusted, but at this point, we generally have spaces now for people if they want to find public spaces for most of the year.
Mayor pro Tem Beckmeyer had a couple of questions about the issue of use and rental of the park area outside of the Civic Center. She understands that there is not a way, at this point, for someone to rent the use of the park area between the two buildings, independent of renting a space inside the building.
PB&R Director Leslie stated she is correct, adding that it ties similarly with other park processes: We do not rent spaces without restrooms. If the building is not open, there would not be a restroom for people to use so it is a new opportunity where we are going to have an exterior space next to an interior space. He stated that the department goals are to create another policy around outdoor spaces, but this is the one that crosses over both indoor and outdoor.
Mayor pro Tem Beckmeyer thanked him for that clarification.
Councilmember Boles referred to restroom use and cleaning fees. If a renter has a small conference room versus a wedding party here, are they responsible or how is that factored in.
PB&R Director Leslie stated that staff deal with a lot of uses at the Community Center, and City Council Regular Meeting 9 November 12, 2024
renters are required to clean up after themselves. If they do not, there are consequences; thus, it is the responsibility of the permittee or the user to clean up after themselves.
Councilmember Boles understood, but added that we are providing paper products, etc.
PB&R Director Leslie stated that is included.
Councilmember Boles appreciated that he did an analysis with other cities, and she was curious if these fees also include a staff member, especially for the weekends, for other cities.
PB&R Director Leslie stated mostly yes, but when we compare other cities they have some other rules that we cannot incorporate. He stated that we are trying to be specific to choose cities and spaces that were close enough that we felt comfortable in comparing them. He stated that there are possibilities that there are additional fees that were not encompassed. He stated that we tend to be lower. There is not a rebate, as far as he knows, for those cities so it may be more.
Councilmember Boles stated that, except for Millbrae, which seems to charge more, it seems we are in line with the others he analyzed, except there was one, the large conference room, which seemed to be good bit lower than the other cities for weekdays in particular.
PB&R Director Leslie stated that we tried to be competitive with all of the ones there. He believes that, with the exception for that one, ours is a larger space.
Councilmember Boles asked if we should be charging more instead of less. On packet page 155, the seating capacity of ours is 49 and the others are 24 to 38, and we are charging $55 versus about $100 on average.
PB&R Director Leslie stated that there could be slight variations in some different spaces. In general, we tend to have some available spaces and try to keep these fees low so we can get the spaces filled. In the event they were to fill up and become very competitive, staff could look at raising prices in the future.
Mayor pro Tem Beckmeyer asked, when he is saying seating capacity is 49, is he talking classroom style.
PB&R Director Leslie stated that, for other cities and how they define that, we looked at several locations and, in general terms, the way it was seated would be likely classroom style without tables.
There were no public comments.
Councilmember Bier stated she regularly rents spaces and thinks these prices are reasonable and it makes it more accessible and more equitable to those in our community.
Mayor pro Tem Beckmeyer moved to 1) adopt a Resolution to repeal and replace Administrative policy No. 3 “ Regulations For Use of City Council Chambers” with new Policy entitled “Public Use of the Community Center, Civic Center and City Council Chambers” to allow the public use of City-Owned indoor facilities in accordance with established procedures and policies to ensure their proper use. She further moved with the amendments that staff proposed, and 2) adopt a Resolution to amend Administrative Policy No. 2 “City Fees and Charges” to update and include City Council Regular Meeting 10 November 12, 2024
fees related to use of the Community Center, Civic Center and City Council Chambers with amendments that staff proposed; seconded by Councilmember Bier.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Sue Beckmeyer, Mayor pro Tem
SECONDER: Mary Bier, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
ADJOURN
Mayor Vaterlaus adjourned the meeting at 8:32 p.m.
Transcribed by Barbara Medina, Public Meeting Stenographer.
Respectfully Submitted,
Sarah Coffey, City Clerk
APPROVED: 5 - 0; 12/9/2024
__________________________
Sue Vaterlaus, Mayor