Pacifica City Council
December 9, 2024

CITY OF PACIFICA

CITY COUNCIL AGENDA
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 December 09, 2024
SPECIAL and REGULAR MEETING
December 09, 2024 (MONDAY) – 6:00 PM
www.cityofpacifica.org
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 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.

City Council Regular Meeting 2 December 09, 2024
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 Mayor Vaterlaus

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.

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 11/01/24 through 11/30/24.

PROPOSED ACTION: Receive and file the Monthly Check Register Report for the month of November 2024.

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the September 23, 2024 City Council Special and Regular Meeting; October 14, 2024 City Council Special and Regular Meeting; November 12, 2024 City Council Special and Regular Meeting; November 18, 2024 City Council Special Meeting; and the November 25, 2024 City Council Special and Regular 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 City Council Regular Meeting 3 December 09, 2024
emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.

4. Annual Part-Time Salary Schedule Update
PROPOSED ACTION: Move to adopt the resolution approving the annual parttime salary schedule update that will be going into effect January 1, 2025.

5. Resolution Approving the Third Amendment to the Lease Agreement between the City of Pacifica and the Pacifica Spindrift Players for the premises located at 1050 Crespi Dr. (also known as the Pacifica Cultural Arts Center and Spindrift Theater) PROPOSED ACTION: Move to adopt the resolution approving the Third Amendment to the Lease Agreement between the City of Pacifica and the Pacifica Spindrift Players for the premises located at 1050 Crespi Dr. (also known as the Spindrift Theater and formerly known as the Pacifica Cultural Arts Center); authorizing the City Manager to execute the Third Amendment to the Lease Agreement.

6. Adoption of Resolution Declaring the Canvass of Returns and Results of the General Municipal Election of November 5, 2024
PROPOSED ACTION: Move to adopt the resolution declaring the canvass of returns and results of the general municipal election held on November 5, 2024.

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.

Councilmembers shall not enter into debate with speakers under Public Comments on Items Not on the Posted Agenda. 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.

City Council Regular Meeting 4 December 09, 2024
PUBLIC HEARINGS - NONE.

CONSIDERATION - NONE.

SPECIAL ORDER OF BUSINESS - CITY COUNCIL REORGANIZATION A. Presentations to Outgoing Councilmember and Mayor
B. Outgoing Councilmember's Remarks
C. Outgoing Mayor's Remarks
D. Public Comment - City Council Reorganization
E. Oath of Office to Newly Elected Councilmembers
F. Comments from Elected Councilmembers
G. Selection of New Mayor
H. Selection of New Mayor pro Tem
I. Incoming Mayor's Remarks

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.

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 170 Santa Maria Avenue, Pacifica.

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, 170 Santa Maria Ave.

Council meetings:

Agendas are available at the City Council meeting
City Council Regular Meeting 5 December 09, 2024

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 Sue Vaterlaus, [email protected]
• Mayor pro Tem Sue Beckmeyer, [email protected]
• Councilmember Mary Bier, [email protected]
• Councilmember Tygarjas Bigstyck, tbigstyck@ pacifica.gov • Councilmember Christine Boles, [email protected]

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
12/9/2024
1 SUBJECT:

Approval of Disbursements for 11/01/24 through 11/30/24.

RECOMMENDED ACTION:

Receive and file the Monthly Check Register Report for the month of November 2024.

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 11/1/24 through 11/30/24 are in the amount of $1,903,674.97 (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 24-25 - 11-01 to 11-30-24 TYLER (PDF) 1 Packet Pg. 6
City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 12/03/2024 09:27
User: 5234vsahay
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: Cleared and Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 1156 11/01/2024 PRINTED 000055 AD BRAKES 325.48
1157 11/01/2024 PRINTED 000064 ALHAMBRA 24.98
1158 11/01/2024 PRINTED 000074 AMAZON.COM SALES, INC. 924.41 1159 11/01/2024 PRINTED 000147 BLUE RIBBON SUPPLY COMPAN 617.68 1160 11/01/2024 PRINTED 000166 BURKE WILLIAMS AND SORENS 77,602.04 1161 11/01/2024 PRINTED 000179 CALIFORNIA TEACHER COMMIS 100.00 1162 11/01/2024 PRINTED 000178 NAF SERVICES, INC. 1,965.60 1163 11/01/2024 PRINTED 000201 CHILDCARE CAREERS 1,138.58 1164 11/01/2024 PRINTED 000224 COMCAST 1,452.27
1165 11/01/2024 PRINTED 000244 CRESCO EQUIPMENT RENTALS 1,568.22 1166 11/01/2024 PRINTED 000260 DAILY JOURNAL CORPORATION 687.55 1167 11/01/2024 PRINTED 001130 FISHER ROSEMOUNT SYSTEM I 2,148.75 1168 11/01/2024 PRINTED 000350 FLYERS ENERGY, LLC 45.97 1169 11/01/2024 PRINTED 000378 GRANICUS, INC. 819.00
1170 11/01/2024 PRINTED 000397 HINDERLITER, DE LLAMAS & 10,000.00 1171 11/01/2024 PRINTED 000397 HDL COREN & CONE - PROP T 4,356.08 1172 11/01/2024 PRINTED 000406 HOME DEPOT CREDIT SERVICE 1,547.78 1173 11/01/2024 PRINTED 001034 JENNIE KENWAY 31.22
1174 11/01/2024 PRINTED 001042 JOHN MULLINS 957.51
1175 11/01/2024 PRINTED 001032 KEVIN WOODHOUSE 34.00
1176 11/01/2024 PRINTED 000486 THE LEW EDWARDS GROUP 26,000.00 1177 11/01/2024 PRINTED 000534 MISSION VALLEY FORD TRUCK 4,358.06 1178 11/01/2024 PRINTED 000015 NORTH COAST COUNTY WATER 14,362.20 1179 11/01/2024 PRINTED 000561 NICHOLS CONSULTING ENGINE 4,500.00 1180 11/01/2024 PRINTED 000587 OFFICE DEPOT 268.92
1181 11/01/2024 PRINTED 000603 PACIFIC MANOR HARDWARE, I 21.93 1182 11/01/2024 PRINTED 000647 PACIFIC GAS & ELECTRIC CO 68.95 1183 11/01/2024 PRINTED 001024 SCHAAF & WHEELER 1,580.00 1184 11/01/2024 PRINTED 000744 SMART & FINAL 35.23
1185 11/01/2024 PRINTED 000780 TELECOMMUNICATIONS ENGINE 1,770.50 1186 11/01/2024 PRINTED 000810 TOWNE FORD 288,359.28
1187 11/08/2024 PRINTED 000074 AMAZON.COM SALES, INC. 268.78 1188 11/08/2024 PRINTED 000075 AMERICAN FIDELITY ADMINIS 304.30 1189 11/08/2024 PRINTED 000096 AT&T 984.24
1190 11/08/2024 PRINTED 000106 AUTOMATIONDIRECT.COM, INC 138.69 1191 11/08/2024 PRINTED 000108 VWR INTERNATIONAL 1,452.28 1192 11/08/2024 PRINTED 000146 BLEYLE ELEVATOR, INC. 847.00 1193 11/08/2024 PRINTED 000151 BOLANDER & SONS, L. PH. 427.99 1194 11/08/2024 PRINTED 000178 NAF SERVICES, INC. 319.60 1195 11/08/2024 PRINTED 000190 CALIFORNIA DIESEL & POWER 12,246.36 1196 11/08/2024 PRINTED 000201 CHILDCARE CAREERS 1,118.60 1197 11/08/2024 PRINTED 000203 CINTAS CORPORATION #464 3,023.89 1198 11/08/2024 PRINTED 000222 COLORPRINT 13,656.04
1199 11/08/2024 PRINTED 000227 CONCERN EMPLOYEE ASSISTAN 900.00 1200 11/08/2024 PRINTED 000235 COPWARE, INC 965.00
1201 11/08/2024 PRINTED 001012 CORE & MAIN LP 5,446.68
1202 11/08/2024 PRINTED 000253 C.W.E.A. 121.00
1203 11/08/2024 PRINTED 000262 DALY CITY TOOL MART 38.46 1204 11/08/2024 PRINTED 000264 DASH MEDICAL GLOVES 375.86 1205 11/08/2024 PRINTED 000314 EL DORADO FORKLIFT COMPAN 2,013.68 1206 11/08/2024 PRINTED 000318 EMCOR SERVICES 7,500.00
1207 11/08/2024 PRINTED 000332 EXPERIAN 102.24

1.a
Packet Pg. 7
Attachment: Disbursements -FY 24-25 - 11-01 to 11-30-24 TYLER (5809 : Disbursements - Dated 11/1/24 City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 12/03/2024 09:27
User: 5234vsahay
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: Cleared and Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 1208 11/08/2024 PRINTED 000335 FASTRAK VIOLATION PROCESS 48.00 1209 11/08/2024 PRINTED 000335 FASTRAK INVOICE PROCESSIN 24.00 1210 11/08/2024 PRINTED 000346 FISHER SCIENTIFIC 9,128.76 1211 11/08/2024 PRINTED 000350 FLYERS ENERGY, LLC 11,731.03 1212 11/08/2024 PRINTED 000355 FREYER & LAURETA, INC. 2,809.00 1213 11/08/2024 PRINTED 001129 GOVERNMENT FINANCE SERVIC 17,810.00 1214 11/08/2024 PRINTED 000377 GRAINGER 2,472.97
1215 11/08/2024 PRINTED 001127 GWEN WHITE 387.00
1216 11/08/2024 PRINTED 000405 HI-TECH EMERGENCY VEHICLE 40.85 1217 11/08/2024 PRINTED 000406 HOME DEPOT CREDIT SERVICE 3,380.54 1218 11/08/2024 PRINTED 000415 IDEXX LABORATORIES 2,001.27 1219 11/08/2024 PRINTED 000446 JOHN THE SIGN GUY LLC 1,848.33 1220 11/08/2024 PRINTED 001126 JORDAN TOWNSEND 387.00
1221 11/08/2024 PRINTED 000457 KBA DOCUSYS 210.33
1222 11/08/2024 PRINTED 000462 KIMBALL MIDWEST 3,462.93 1223 11/08/2024 PRINTED 001027 MICHAEL TREVIZO 842.26
1224 11/08/2024 PRINTED 000587 OFFICE DEPOT 61.52
1225 11/08/2024 PRINTED 000648 PHENOVA 1,209.71
1226 11/08/2024 PRINTED 000667 PRIORITY 1 PUBLIC SAFETY 32,726.96 1227 11/08/2024 PRINTED 000670 PROFORCE LAW ENFORCEMENT 44,049.88 1228 11/08/2024 PRINTED 000679 QUILL CORPORATION 116.45 1229 11/08/2024 PRINTED 000681 R & S ERECTION NORTH PENI 8,680.95 1230 11/08/2024 PRINTED 000685 RCM FIRE PROTECTION INC 2,319.07 1231 11/08/2024 PRINTED 000690 REGIONAL GOVERNMENT SERVI 15,422.08 1232 11/08/2024 PRINTED 000710 SAFETY-KLEEN CORP. 110.16 1233 11/08/2024 PRINTED 000021 SAN MATEO COUNTY ENVIRONM 1,747.00 1234 11/08/2024 PRINTED 000717 SAN MATEO DAILY JOURNAL 2,016.00 1235 11/08/2024 PRINTED 000725 SCAPES, INC. 5,425.51
1236 11/08/2024 PRINTED 001024 SCHAAF & WHEELER 7,642.50 1237 11/08/2024 PRINTED 000730 SERRAMONTE FORD INC. 207.18 1238 11/08/2024 PRINTED 000735 SFO MEDICAL CLINIC 100.00 1239 11/08/2024 PRINTED 000747 SMCPCSA 200.00
1240 11/08/2024 PRINTED 000993 SOUTHWEST STRATEGIES LLC 5,880.00 1241 11/08/2024 PRINTED 000004 CALIFORNIA STATE OF JUSTI 1,106.00 1242 11/08/2024 PRINTED 000788 TELSTAR INSTRUMENTS 31,565.00 1243 11/08/2024 PRINTED 000791 TERMINIX PROCESSING CENTE 65.00 1244 11/08/2024 PRINTED 000828 U.S. BANK EQUIPMENT FINAN 1,642.25 1245 11/12/2024 PRINTED 000050 ACCUTITE 500.00
1246 11/12/2024 PRINTED 000944 DIRECT CARRIER SOLUTION, 736.95 1247 11/12/2024 PRINTED 001041 CAL STEAM 15.11
1248 11/12/2024 PRINTED 001094 HELIX ENVIRONMENTAL PLANN 166.25 1249 11/12/2024 PRINTED 001138 ON-SITE HEALTH AND SAFETY 425.00 1250 11/12/2024 PRINTED 001137 STEVEN MANSKER 534.82
1251 11/12/2024 PRINTED 001136 SUZANNE CUNANAN 511.72
1252 11/12/2024 PRINTED 001140 TRAVIS MEYERHOFF 646.06
1253 11/13/2024 PRINTED 000234 CPS HR CONSULTING 1,202.00 1254 11/13/2024 PRINTED 000021 SAN MATEO COUNTY ENVIRONM 502.00 1256 11/14/2024 PRINTED 001022 TROJAN TECHNOLOGIES GROUP 24,945.42 1257 11/21/2024 PRINTED 000270 DE VERA, ARTHUR 700.00
1258 11/21/2024 PRINTED 000350 FLYERS ENERGY, LLC 24,223.97 1259 11/21/2024 PRINTED 000935 LUCIE BRAUN 142.79
1260 11/21/2024 PRINTED 001050 RANGER PIPELINES 515,964.00

1.a
Packet Pg. 8
Attachment: Disbursements -FY 24-25 - 11-01 to 11-30-24 TYLER (5809 : Disbursements - Dated 11/1/24 City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 12/03/2024 09:27
User: 5234vsahay
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: Cleared and Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 1261 11/22/2024 PRINTED 000038 A & D AUTOMATIC GATE AND 1,031.06 1262 11/22/2024 PRINTED 000039 AVINA, ANGEL 200.00
1263 11/22/2024 PRINTED 000045 ABACUS PRODUCTS INC. 495.55 1264 11/22/2024 PRINTED 000915 ASSOCIATION OF BAY AREA G 4,279.30 1265 11/22/2024 PRINTED 000049 ROBERT HALF MANAGEMENT RE 4,953.59 1266 11/22/2024 PRINTED 000051 ACHIEVEIT ONLINE, LLC 82.85 1267 11/22/2024 PRINTED 000056 ADAM-HILL COMPANY, THE 410.32 1268 11/22/2024 PRINTED 001121 AIR TEMP, CO 1,911.64
1269 11/22/2024 PRINTED 000060 AIRGAS USA, LLC 776.16
1270 11/22/2024 PRINTED 000064 ALHAMBRA 55.00
1271 11/22/2024 PRINTED 000074 AMAZON.COM SALES, INC. 3,019.51 1272 11/22/2024 PRINTED 000079 AMERICAN SCALE CO., INC 115.36 1273 11/22/2024 PRINTED 000096 AT&T LONG DISTANCE 48.90 1274 11/22/2024 PRINTED 000096 AT&T 5,798.12
1275 11/22/2024 PRINTED 000096 AT&T OF CALIFORNIA 2,950.00 1276 11/22/2024 PRINTED 000097 ATCO INTERNATIONAL 304.68 1277 11/22/2024 PRINTED 000108 VWR INTERNATIONAL 1,257.08 1278 11/22/2024 PRINTED 000124 BAY POWER LLC GENERATOR S 6,440.00 1279 11/22/2024 PRINTED 001120 BAYSIDE TRENCHLESS INC 1,200.00 1280 11/22/2024 PRINTED 000134 BEECHER ENGINEERING, INC. 400.00 1281 11/22/2024 PRINTED 000210 CLAIRE BREES 507.00
1282 11/22/2024 PRINTED 000917 BROADMOOR POLICE DEPARTME 3,600.00 1283 11/22/2024 PRINTED 000179 CALIFORNIA TEACHER COMMIS 300.00 1284 11/22/2024 PRINTED 000168 CABLECOM LLC 6,600.00
1285 11/22/2024 PRINTED 000187 CAROLLO 6,417.50
1287 11/22/2024 PRINTED 000201 CHILDCARE CAREERS 838.96 1288 11/22/2024 PRINTED 001149 CHRISTINE BOLES 221.21
1289 11/22/2024 PRINTED 000203 CINTAS CORPORATION #464 1,483.62 1290 11/22/2024 PRINTED 000211 CLASSIC AMUSEMENT LLC 16,500.00 1291 11/22/2024 PRINTED 000224 COMCAST 83.20
1292 11/22/2024 PRINTED 000224 COMCAST 189.35
1293 11/22/2024 PRINTED 000240 COTTON, SHIRES & ASSOCIAT 25,206.89 1294 11/22/2024 PRINTED 000244 CRESCO EQUIPMENT RENTALS 1,568.22 1295 11/22/2024 PRINTED 000253 C.W.E.A. 584.00
1296 11/22/2024 PRINTED 000946 DUANE WACHTELBORN 2,000.00 1297 11/22/2024 PRINTED 000293 DUBOCE JANITORIAL SERVICE 1,400.00 1298 11/22/2024 PRINTED 000980 DXP ENTERPRISES, INC 310.21 1299 11/22/2024 PRINTED 000307 ECO PROMOTIONAL PRODUCTS, 534.40 1300 11/22/2024 PRINTED 000321 ENVIRONMENTAL EXPRESS, IN 543.92 1301 11/22/2024 PRINTED 000768 STEVEN MICHAEL EVANS JR 135.00 1302 11/22/2024 PRINTED 000339 FEDEX 27.57
1303 11/22/2024 PRINTED 000346 FISHER SCIENTIFIC 503.85 1304 11/22/2024 PRINTED 000355 FREYER & LAURETA, INC. 96,644.91 1305 11/22/2024 PRINTED 000363 GHD INC. 26,456.51
1306 11/22/2024 PRINTED 000365 GHIRARDELLI ASSOCIATES, I 1,459.00 1307 11/22/2024 PRINTED 000368 GODSOE, LIZ 70.00
1308 11/22/2024 PRINTED 001078 GOOD CITY COMPANY 9,190.00 1309 11/22/2024 PRINTED 000373 THE GOODYEAR TIRE & RUBBE 2,707.02 1310 11/22/2024 PRINTED 000375 GOVINVEST INC. 2,000.00
1311 11/22/2024 PRINTED 000377 GRAINGER 4,756.78
1312 11/22/2024 PRINTED 000390 HACH COMPANY 1,958.69
1313 11/22/2024 PRINTED 000397 HINDERLITER, DE LLAMAS & 988.80

1.a
Packet Pg. 9
Attachment: Disbursements -FY 24-25 - 11-01 to 11-30-24 TYLER (5809 : Disbursements - Dated 11/1/24 City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 12/03/2024 09:27
User: 5234vsahay
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: Cleared and Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 1314 11/22/2024 PRINTED 000397 HINDERLITER, DE LLAMAS & 11,250.00 1315 11/22/2024 PRINTED 000400 HF&H CONSULTANTS LLC 13,000.00 1316 11/22/2024 PRINTED 000415 IDEXX LABORATORIES 3,370.27 1317 11/22/2024 PRINTED 000432 ISIDRO, ALLEN 446.00
1318 11/22/2024 PRINTED 000455 KASEYA US LLC 97.85
1319 11/22/2024 PRINTED 000457 KBA DOCUSYS 267.03
1320 11/22/2024 PRINTED 000979 KENNEDY/JENKS CONSULTANTS 8,435.75 1321 11/22/2024 PRINTED 000462 KIMBALL MIDWEST 4,703.81 1322 11/22/2024 PRINTED 000474 LAKESHORE LEARNING MATERI 1,370.32 1323 11/22/2024 PRINTED 000978 LASHLEY, MARK 150.00
1324 11/22/2024 PRINTED 001144 LOUIS SUN 45.00
1325 11/22/2024 PRINTED 000496 LUHDORFF AND SCALMANINI C 824.25 1326 11/22/2024 PRINTED 000523 METROPOLITAN PLANNING GRO 35,688.75 1327 11/22/2024 PRINTED 000046 ABBY M. MARGOLIS 462.00
1328 11/22/2024 PRINTED 001025 MATT KELLY 188.64
1329 11/22/2024 PRINTED 001028 MATT LUJAN 186.45
1330 11/22/2024 PRINTED 000519 MC MASTER-CARR SUPPLY COM 3,552.61 1331 11/22/2024 PRINTED 001027 MICHAEL TREVIZO 585.92
1332 11/22/2024 PRINTED 000537 MOFFATT & NICHOL 2,256.25 1333 11/22/2024 PRINTED 001147 NAOMI FUSON 291.69
1334 11/22/2024 PRINTED 000553 NAPIER, NORA 352.00
1335 11/22/2024 PRINTED 000015 NORTH COAST COUNTY WATER 4,886.78 1336 11/22/2024 PRINTED 000592 O'REILLY AUTO PARTS 21.95 1337 11/22/2024 PRINTED 000587 OFFICE DEPOT 248.88
1338 11/22/2024 PRINTED 000588 OLIVER PACKAGING AND EQUI 2,555.00 1339 11/22/2024 PRINTED 999998 Linda J. Hughes 2,000.00 1340 11/22/2024 PRINTED 999998 Michael Merill 2,000.00
1341 11/22/2024 PRINTED 000595 ORTEGA, SHIRLEY 72.00
1342 11/22/2024 PRINTED 000948 PACIFIC COAST FOG FEST 1,463.50 1343 11/22/2024 PRINTED 000603 PACIFIC MANOR HARDWARE, I 56.52 1344 11/22/2024 PRINTED 000604 PACIFIC NURSERIES 1,478.99 1345 11/22/2024 PRINTED 000016 PACIFICA SCHOOL DISTRICT 14,546.00 1346 11/22/2024 PRINTED 000628 PARS 697.50
1347 11/22/2024 PRINTED 000649 PITTSINGER, R JANE 180.00 1348 11/22/2024 PRINTED 000972 PLAN JPA 1,604.00
1349 11/22/2024 PRINTED 000679 QUILL CORPORATION 564.19 1350 11/22/2024 PRINTED 000704 ROSS, LAURIE 150.08
1351 11/22/2024 PRINTED 000982 S.R. ROSE ENGINEERING, IN 3,700.00 1352 11/22/2024 PRINTED 000021 SAN MATEO COUNTY INFORMAT 164.51 1353 11/22/2024 PRINTED 000021 SAN MATEO COUNTY 1,341.25 1354 11/22/2024 PRINTED 000717 SAN MATEO DAILY JOURNAL 2,592.00 1355 11/22/2024 PRINTED 001024 SCHAAF & WHEELER 9,426.90 1356 11/22/2024 PRINTED 000729 SEAVIEW TIRE & BRAKE CENT 1,137.94 1357 11/22/2024 PRINTED 000744 SMART & FINAL 114.06
1358 11/22/2024 PRINTED 000759 ST. FRANCIS ELECTRIC, INC 8,910.00 1359 11/22/2024 PRINTED 000027 STATE LANDS COMMISSION 157.02 1360 11/22/2024 PRINTED 000004 CALIFORNIA STATE OF JUSTI 490.00 1361 11/22/2024 PRINTED 000029 STATE WATER RESOURCES CON 170.00 1362 11/22/2024 PRINTED 000766 STERICYCLE 2,338.68
1363 11/22/2024 PRINTED 000776 SYNAGRO WEST, LLC 20,382.10 1364 11/22/2024 PRINTED 000805 T-MOBILE CORPORATION 477.91 1365 11/22/2024 PRINTED 000791 TERMINIX PROCESSING CENTE 583.00

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Attachment: Disbursements -FY 24-25 - 11-01 to 11-30-24 TYLER (5809 : Disbursements - Dated 11/1/24 City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 12/03/2024 09:27
User: 5234vsahay
Program ID: apchkrcn

FOR CASH ACCOUNT: 101 10001 FOR: Cleared and Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 1366 11/22/2024 PRINTED 000793 THATCHER COMPANY INC 7,988.36 1367 11/22/2024 PRINTED 000802 THOMSON WEST 445.12
1368 11/22/2024 PRINTED 000828 U.S. BANK EQUIPMENT FINAN 318.25 1369 11/22/2024 PRINTED 000829 UNIVERSAL BUILDING SERVIC 31,666.93 1370 11/22/2024 PRINTED 000830 ULINE SHIPPING SUPPLY SPE 1,616.19 1371 11/22/2024 PRINTED 000837 UNIVAR SOLUTIONS USA INC 1,148.67 1372 11/22/2024 PRINTED 000846 USA BLUE BOOK 248.99
1373 11/22/2024 PRINTED 000855 VERIZON WIRELESS 4,152.08 1374 11/22/2024 PRINTED 000863 CALTEST ANALYTICAL LAB 468.00 1375 11/22/2024 PRINTED 001076 WEBSOFT DEVELOPERS, INC. 65,500.00 1376 11/22/2024 PRINTED 001145 WEST MARINE PRODUCTS, INC 1,251.92 1377 11/22/2024 PRINTED 000879 WEX HEALTH, INC. 318.39
1378 11/22/2024 PRINTED 000884 ELK GROVE AUTO GROUP 52,634.53 1379 11/26/2024 PRINTED 000192 CDW GOVERNMENT, INC. 21,450.00 1380 11/26/2024 PRINTED 000259 DAHL-BECK ELECTRIC CO., I 900.00 223 CHECKS CASH ACCOUNT TOTAL 1,903,674.97 .00

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Attachment: Disbursements -FY 24-25 - 11-01 to 11-30-24 TYLER (5809 : Disbursements - Dated 11/1/24 City of Pacifica

AP CHECK RECONCILIATION REGISTER
Report generated: 12/03/2024 09:27
User: 5234vsahay
Program ID: apchkrcn

UNCLEARED CLEARED
223 CHECKS FINAL TOTAL 1,903,674.97 .00
** END OF REPORT - Generated by Vivika Sahay **

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Attachment: Disbursements -FY 24-25 - 11-01 to 11-30-24 TYLER (5809 : Disbursements - Dated 11/1/24

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
12/9/2024
1 SUBJECT:

Approval of Minutes
RECOMMENDED ACTION:

Move to approve the minutes for the September 23, 2024 City Council Special and Regular Meeting; October 14, 2024 City Council Special and Regular Meeting; November 12, 2024 City Council Special and Regular Meeting; November 18, 2024 City Council Special Meeting; and the November 25, 2024 City Council Special and Regular Meeting.

STAFF CONTACT:

Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

Move to approve the minutes for the following meetings:
(1) September 23, 2024 City Council Special and Regular Meeting (Attachment A); (2) October 14, 2024 City Council Special and Regular Meeting (Attachment B); (3) November 12, 2024 City Council Special and Regular Meeting (Attachment C); (4) November 18, 2024 City Council Special Meeting (Attachment D); and the (5) November 25, 2024 City Council Special and Regular Meeting (Attachment E). *Note that the October 28, 2024 City Council Special and Regular Meeting minutes were approved by City Council at the meeting held on November 25, 2024.

FISCAL IMPACT:

Within budgeted operational expenses.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (PDF) Attachment B: Minutes of 10-14-2024 Special and Regular Meeting (PDF) Attachment C: Minutes of 11-12-2024 Special and Regular Meeting (PDF) Attachment D: Minutes of 11-18-2024 Special Meeting (PDF) Attachment E: Minutes of 11-25-2024 Special and Regular Meeting (PDF) 2 Packet Pg. 13

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 September 23, 2024

SPECIAL AND REGULAR MEETING
September 23, 2024 (MONDAY)
www.cityofpacifica.org
Mayor Sue Vaterlaus called the meeting to order on September 23, 2024 at 6:11 PM 6:00 PM OPEN SESSION
Call to Order
Mayor Vaterlaus called the meeting to order at 6:11 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; Michelle Kenyon, City Attorney; Karen Murphy, Asst. City Attorney; Kavitha Kumar, Interim CD Director; Stefanie Cervantes, Acting CD Dep.

Director; Maria Sarasua, Police Chief; Scott Leslie, Acting PB&R Director; Louis Sun, PW Dep.

Director-Wastewater Div.; Roland Yip, PR Dep. Director (Field Services/Engineering); Anthony Shriver, Recreation Supervisor; Amber Shong, Recreation Supervisor; Lexi Macario, Recreation Coordinator; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.

Reading of Land Acknowledgment
Mayor Vaterlaus read the Land Acknowledgment.

Salute to the Flag led by Mayor Vaterlaus

SPECIAL PRESENTATIONS
A. Proclamation - Fire Prevention Week: October 6 - 11, 2024 Mayor Vaterlaus read the proclamation honoring Fire Prevention Week.

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 2 September 23, 2024
Fire Inspector Claire Shum accepted the proclamation on behalf of North County Fire Authority.

She reiterated that the theme for this Fire Prevention Week is smoke alarms, and make them work, including testing them every month and replacing them when they do not work.

Councilmember Bigstyck stated that this was a good opportunity to remind the public about SMC Alert and Genasys Protect (formerly known as Zonehaven).

Fire Inspector Shum stated that Zonehaven is now Genasys Protect and you can look up your address and get alerts for evacuation. She stated that you can also go to the National Fire Protection Association (NFPA) which has more information about Fire Prevention Week, as well as activities and resources for all ages.

Mayor pro Tem Beckmeyer thanked her for all that she and her colleagues do. She asked about the date and time for Fire Service Day.

Fire Inspector Shum stated that Fire Service Day is an open house at the fire stations in Pacifica, Daly City, and Brisbane. They will have activities and the public will be able to talk to firefighters to learn more. She stated that will be October 5 right before Fire Prevention Week.

Councilmember Bier thanked her for being here. She feels that we have been lucky the last few years as we have been able to cultivate relationships with our firefighters.

Councilmember Boles appreciated that we are focusing on smoke detectors, and she shared a personal story of when she was pregnant with her son and her daughter was about 3, they left the windows open when they went to bed and the wind blew a curtain over a Halogen light near the window, which started a fire in the living room that quickly spread smoke. She stated that her personal story made a difference to check the batteries.

Fire Inspector Shum agreed. She reminded them that fires happen quicker now without early warnings and it is important that they will flash over where everything the room is on fire within three minutes. When you are sleeping, it gives you time to get out of the house easily.

Mayor Vaterlaus thanked the Fire Department for everything they have done. She stated that it is important to check batteries because a 10-year smoke detector may last less time.

Fire Inspector Shum added that the 10-year batteries are the manufactured date or it could still be on the shelf being sold but not when it was made. She suggested to check the date and also test.

B. Proclamation - Pacifica Family Fun Festival 40th Anniversary Mayor Vaterlaus read the proclamation honoring the 40th Anniversary of the Pacifica Family Fun Festival.

Acting PB&R Director Scott Leslie stated that we were very excited about this 40th annual Family Fun Festival and invited everyone to attend as part of the Fog Fest.

Dr. Bill Michaelis stated that a lot of people over 40 years that have been involved and he thanked all of them. He stated that we have lost a few but the spirit continues. He also invited everyone to come, including new citizens. He wanted to reaffirm the importance of family, etc.

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 3 September 23, 2024
Councilmember Boles asked what the age limit was to participate.

Mayor pro Tem Beckmeyer stated no limit.

Councilmember Boles thanked them and believes we need fun now as a whole city with the hard things we have been going through and she appreciated the work they do to make this happen.

Councilmember Bier echoed that. She thanked them for reminding them to have fun, as Dr.

Michaelis carries that with him. She thought it was nice to hear Former PB&R Commissioner Beck’s name. She thought this was a big part of her childhood and it is beautiful to continue coming together and grow.

Mayor pro Tem Beckmeyer was looking forward to Sunday as it will be fun. She thanked them for starting this 40 years ago and thanked staff and volunteers over the years.

Councilmember Bigstyck stated that this event has spanned the entirety of his life and has been foundational for himself and many Pacificans and he thanked them.

Mayor Vaterlaus stated her kids had a great time in the Family Fun Fest.

Mayor Vaterlaus opened public comment.

Gloria Stofan, Pacifica, stated she is proud of people who started that Family Fun Festival and was surprised it has been for 40 years. She thanked Pacifica for letting us have this type of activity.

Mayor Vaterlaus closed public comment.

CONSENT CALENDAR
Mayor Vaterlaus brought it back to Council and asked if they wanted to remove or add anything to the consent calendar. Seeing no one, she opened public comments. There were no public comments on Consent items. Mayor Vaterlaus closed public comments and brought it back to Council.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles

1. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for (1) the July 8, 2024 City Council Regular Meeting and (2) the August 12, 2024 City Council Special and Regular Meeting.

2. Adopt Resolution Amending the City's Conflict of Interest Code to Revise the List of Designated Employees
PROPOSED ACTION: Adopt the resolution amending the City of Pacifica Conflict of Interest Code to revise the list of Designated Employees and repealing Resolution No.

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 4 September 23, 2024
61-2022.

3. San Mateo County Civil Grand Jury Report Titled “The State of Compost Compliance in San Mateo County.”
PROPOSED ACTION: Move to approve the response to San Mateo County Civil Grand Jury Report Titled “The State of Compost Compliance in San Mateo County.”

4. Notice of Completion for the FY 2024-25 Sidewalk, Curbs, and ADA Ramps Improvement 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 2024-25 Sidewalk, Curbs, and ADA Ramps Improvement Project; and Authorize the City Manager to release the retention funds to the contractor.

5. Approval of Amendment No. 2 to the Consultant Services Agreement and Amendment No. 1 to Task Order No. 1 between the City of Pacifica and Cotton, Shires & Associates for design and environmental engineering services related to the 310-330 Esplanade Infrastructure Preservation Project
PROPOSED ACTION: Adopt a resolution approving Amendment No. 2 to the Consultant Services Agreement (Attachment 1) and Amendment No. 1 to Task Order No. 1 (Attachment 2) between the City of Pacifica and Cotton, Shires & Associates for design and environmental engineering services for the 310-330 Esplanade Infrastructure Preservation Project to extend the term of the Agreement to September 30, 2028 and in the amount of $197,355 with a 10% contingency increasing the total budget authority to an amount not to exceed $900,000, and authorize the City Manager to execute all documents related the amendments for design and environmental engineering services.

6. Direction to Pacifica Voting Delegate Regarding CalCities 2024 Annual Conference Resolution Packet
PROPOSED ACTION: Provide direction to Pacifica's voting delegate to support one resolution to be considered by the League of California Cities (CalCities) at the 2024 CalCities Annual Conference to be held in Long Beach, October 16 - 18, 2024 - Resolution on Fair and Equal Treatment of All Governmental Officials at All Levels as submitted by City of Glendora.

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Ron Maykel, Pacifica, stated this is the first time he has been to a Council meeting since it was remodeled and he appreciates that and all other upgraded city facilities and thanked Council for moving us forward in the right direction.

COUNCIL COMMUNICATIONS
Councilmember Bier asked to do their Council Communications at the end.

Mayor Vaterlaus agreed with her and, thus, Council Communications will be moved to the end of the meeting.

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 5 September 23, 2024

STAFF COMMUNICATIONS
City Manager Woodhouse commented that this week is nationwide Stand Against Hate Week, and he referred to the posters in the chamber that shows Pacifica embraces the United Against Hate efforts and the United Against Hate week. He stated that we have developed Pacifica Stands United in Love, more proactive affirmative statements and take that commitment seriously. He stated that these posters are available at City Hall if anyone in the community would like to take one and it does not just apply to this week, but every week and every day.

PUBLIC HEARINGS

7. Consideration of 1) Resolution Denying Appeal of Dan Stegink and Upholding Appeal of Baylands Soil Pacifica LLC, of the Planning Commission’s Effective Denial of Various Actions to Approve the Rockaway Quarry Reclamation Plan; Certifying the Final Environmental Impact Report, and Adopting Findings of Fact, and a Mitigation Monitoring and Reporting Program for the Quarry Reclamation Plan; and Approving Specific Plan SP-179-22, Quarry Use Permit UP-71-16, Variance PV-531-22, and Tree Permit TP-1-22 (File No. 2016-001); and 2) Waive the First Reading and Introduce of Ordinance of the City Council of the City of Pacifica Approving Rezoning RZ-210-22 and Development Plan DP-86-22 (File No. 2016-22) to Rezone to the P-DX/CZ Zoning District from the Existing C-3X/HPD/CZ Zoning District as Required by the Hillside Preservation District (HPD) Overlay Zoning District Standards in PMC Section 9-3.2256, and Approval of a Development Plan to Assign Site Specific Zoning Pursuant to PMC Section 9-4.2203 for a Quarry Reclamation Plan to Reclaim the Former Rockaway Quarry Including Construction of Public Access Trails, Drainage Infrastructure, and Wetland Mitigation Areas, on Two Undeveloped Parcels Totaling Approximately 86 Acres Located West of State Route 1 Between Reina Del Mar Avenue and Rockaway Beach Avenue (APN 018-150-120 and 018-150-150)
PROPOSED ACTION: 1. Adopt a Resolution Denying Appeal of Dan Stegink and Upholding Appeal of Baylands Soil Pacifica LLC, of the Planning Commission’s Effective Denial of Various Actions to Approve the Rockaway Quarry Reclamation Plan; Certifying the Final Environmental Impact Report and Adopting Findings of Fact, and a Mitigation Monitoring and Reporting Program for the Quarry Reclamation Plan; and Approving Specific Plan SP‐179‐22, Quarry Use Permit UP‐71‐16, Variance PV‐531‐22, and Tree Permit TP‐1‐22 (File No. 2016‐001); and

2. Waive the First Reading and Introduce Ordinance of the City Council of the City of Pacifica Approving Rezoning RZ-210-22 and Development Plan DP-86-22 (File No. 2016-22) to Rezone to the P-DX/CZ Zoning District from the Existing C-3X/HPD/CZ Zoning District as Required by the Hillside Preservation District (HPD) Overlay Zoning District Standards in PMC Section 9-3.2256, and Approval of a Development Plan to Assign Site Specific Zoning Pursuant to PMC Section 9-4.2203 for a Quarry Reclamation Plan to Reclaim the Former Rockaway Quarry Including Construction of Public Access Trails, Drainage Infrastructure, and Wetland Mitigation Areas, on Two Undeveloped Parcels Totaling Approximately 86 Acres Located West of State Route 1 Between Reina Del Mar Avenue and Rockaway Beach Avenue (APN 018-150-120 and 018-150-150)
Mayor Vaterlaus asked if any Councilmembers have had any ex parte communications.

Councilmember Boles spoke to the property owner and numerous members of the public.

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 6 September 23, 2024
Councilmember Bier spoke to members of the public.

Mayor pro Tem Beckmeyer spoke to members of the public.

City Attorney Kenyon clarified that City Council would mention having conversations with the public, as well as the project applicant, but do not need to talk specifically about what was said.

Councilmember Bigstyck stated he spoke to Paul Heule, Matt Larson, members of the trade union, Dept. of DMR, Division of Mining Reclamation, and members of the public.

Mayor Vaterlaus stated she spoke to Matt Larson and members of the public.

Interim Community Development Director Kumar and Acting Community Development Dep.

Director Cervantes presented the staff report.

Councilmember Bigstyck stated he has watched the Planning Commission hearings and seen the amount of work staff has put into this. He stated that there is no shortage of care that has been put into all these considerations. He stated that there were some emails implying that Council had a choice at any step in this process in terms of whether or not we process the application or hear the appeals. He asked the City Attorney if we are able to summarily deny hearing an application.

City Attorney Kenyon stated that we have both state-mandated and locally mandated in our Municipal Code requirements for appeals of Planning Commission decisions and there are due process rights that the applicant is afforded and Council is required to follow the procedures in the Municipal Code to assure that the applicant’s due process are met. In conjunction with those rights, the applicant has the right to be heard in front of the appeal body, which in this case is Council, to exhaust their administrative remedies because they cannot go straight from a Planning Commission denial without going through Council to get a final determination. There is no final determination on this project at this time until Council acts on it.

Councilmember Bigstyck concluded that there were rules and laws that were put into place stating that these applications have to be addressed and Council is required to hear the appeal.

City Attorney Kenyon responded affirmatively.

Councilmember Boles asked about process. She asked if we are going to hear and rule on the appeals and then review the project in detail.

City Attorney Kenyon stated at this point is the opportunity for Council to ask questions of staff and staff will move to the presentations, first by Appellant One and followed by Appellant Two.

Following the presentations, there will be public comments, and if any of the appellants reserve time for rebuttal, they will be able to exercise their rebuttal time. Then, Council would close the public hearing with no more testimony from the appellant or the public. It would revert to Council for deliberation. In those deliberations, Council will be deliberating on the appeals as well as the specific use permit approval requested by the applicant.

Councilmember Boles thought we are reviewing both the 874,000 cubic yard plan and the 583,000 cubic yard plan that Council received solely the preliminary grading plan for.

City Attorney Kenyon stated she was correct, adding that the application contains the project

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 7 September 23, 2024
material related to the 874,000 cubic yard plan. The staff and applicant proposal is a reduced fill alternative that arises out of the EIR process which allows for review of a reduced fill alternative. She stated that the reduced fill alternative has been provided further clarity with both the applicant’s submittal of a 583,000 cubic yard plan, although without a grading plan associated with it, and also further revised through conditions of approval that staff went through tonight’s presentation on how to further refine the reduced fill alternative. Council is starting with the 874,000 cubic yard plan and then looking at how it has been revised pursuant to the reduced fill alternative as described.

Councilmember Boles asked if the 874,000 cubic yard plan and the 583,000 cubic yard plan been submitted to SMARA and if they have given official notification response.

Acting Dep. Director Cervantes stated that the most recent submittals that the applicant provided in July were distributed to our reviewers at DMR and they did not provide official comment on that submittal from this summer; DMR previously provided comments and have no additional comments. They said, as long as the applicant addresses the previous comments they provided, that is sufficient.

Councilmember Boles asked if staff can explain what document Council is supposed to review for the Specific Plan, Development Plan, Quarry permit, variant tree permit, etc. to make the findings, as well as the location of the documents.

Acting Dep. Director Cervantes stated that, with all development applications in Pacifica, we do not typically have documents designated as specific plan or development plan applications. The combination of project plans and materials are the different permit approvals that the city will act on, as noted in Condition of Approval No. 1 in the resolution on packet page 247.

Councilmember Boles stated, as we are looking at environmental impacts of the project, she thinks we have an obligation to ensure that the project minimizes those impacts in terms of CEQA review. As the project has been reviewed by the Planning Commission with the various plans (over 1 million cubic yard fill; the 874,000 cubic yard; and the 583,000 cubic yard now) there might be further reduction as Council considers a specific plan. She concluded that this is Council’s obligation to make sure we are doing the least environmentally damaging project.

City Attorney Kenyon stated that the city’s obligation under CEQA is to review the project for any environmental impact and EIR Consultant Ron Stinson has performed that exercise. She stated that, to the extent Council wants additional mitigation measures adopted as part as any approval, that can happen as well. She stated that the environmental document itself has been analyzed, prepared, and submitted for certification by staff and the city’s environmental consultant. Staff concurs that the environmental document as prepared and presented to Council is a legally adequate final EIR, but Council can add additional conditions or mitigation measures to reduce even further environmental impacts.

Councilmember Boles stated that there has been some public comment about a stable project description and asked if City Attorney sees the current form as a stable project under CEQA.

Asst. City Attorney Murphy stated that the original project description was for the plan that included almost 1 million cubic yards of imported soil. With the change to the 874,000 cubic yard plan, a revised reclamation plan was studied, which also revised the project description.

That was analyzed and presented to the Planning Commission earlier this year. She stated the 874,000 cubic yards of imported soil planned is the project description in the EIR. What has

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 8 September 23, 2024
been proposed and recommended in the resolution is an alternative that has been studied in the EIR, the reduced fill alternative, so the intent is not to update or revise the project description from the 874,000 cubic yard plan but to look at one of the alternatives that is in the EIR, as allowed by CEQA.

City Attorney Kenyon added Council is required to adopt an applicant’s proposal that was analyzed in the EIR. The EIR also analyzed a reduced alternative to less than significant impact. Council or Planning Commission, as any legislative body of the City, has the opportunity to pick that lesser significant impact alternative to reduce the impact. That is why there is no project description to reflect the 583,000 cubic yard fill and perhaps a lesser amount of fill because this project, if approved according to staff’s recommendation, would be approving an alternative to the applicant’s proposal which is done regularly by local agencies for the reasons indicated.

Councilmember Bier stated that she does not understand the maps on packet page 207. She asked are there any renderings of the map.

Interim Director Kumar stated that staff reviewed the applicant’s presentation which included a few renderings and staff can find some from older presentations, if needed.

Mayor pro Tem Beckmeyer agreed about the maps. She concluded that the project that was submitted is an 874,000 cubic yard fill project but there is the possibility that Council could approve the smaller amount of imported fill but there is no specific outline of that project. She asked what specifically staff has received from the applicant with plans regarding the 583,000 cubic yard fill plan.

Interim Director Kumar stated that we have one sheet of a preliminary grading plan that shows what they are intending to do with the 583,000 cubic yard fill plan, how they reduced from the 874,000 cubic yards to 583,000 cubic yards, where the grading is, and where they would be focusing their grading activity.

City Attorney Kenyon stated that is not unusual and what it means is that the final grading plan would be reviewed by staff with our peer reviewers when that final grading plan does come in to assure that there is no more fill required than is absolutely necessary for the grading they are proposing and assure that it meets all the Conditions of Approval that Council has laid out.

Mayor pro Tem Beckmeyer asked, regarding the environmental analysis, if it was done on the 874,000 cubic yard fill plan.

Acting Director Kumar responded affirmatively.

City Attorney Kenyon thought that the EIR also included and analyzed a reduced fill alternative.

Raney Consultant Stinson stated that the draft EIR evaluated the larger project. As part of the evaluation, there were multiple alternatives to the proposed project, one being the reduced fill alternative, which is what has been submitted. The intent of that submittal is to be a more fleshed out version of what that alternative was described to be in the EIR. He stated that there was not a fill amount specified in the EIR, just reduced fill sufficient to meet the minimum standards of SMARA; it would essentially meet the project objectives while bringing in the least amount of fill without doing the engineering that has now been done.

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 9 September 23, 2024
Mayor pro Tem Beckmeyer asked if it refers to previous plans and furthermore asked if that is appropriate to ask at this juncture.

City Attorney Kenyon stated it may not be appropriate to answer at this stage.

Mayor pro Tem Beckmeyer agreed to put it aside. She referred to mention of the amount of fill required to meet the minimum requirements of SMARA. She thought there have been plans submitted in the past that did not have fill involved and she asked if those plans were not submitted to SMARA for review.

Acting Dep. Director Cervantes stated that previous plans were classified as no fills but that was not accurate. Those plans from 1990 were for no-import fill and there was still fill associated with the sites; that fill came from onsite and involved taking some of the existing land forms, rating them down, grinding them down, and filling them in the quarry pit. There was still fill, just no imported fill.

Councilmember Boles stated that the 981,000 cubic yard fill plan was not just approved by the Council but also approved by SMARA and it is a valid option but she does not think a no-import fill option was analyzed in the EIR.

Mr. Stinson stated the alternative evaluation chapter included a number of alternatives that were considered but dismissed from further analysis, one of them being the no-fill. The no-fill option would require knocking back some of the slopes and would increase the area of disturbance and result in greater impacts to the biology in comparison to the proposed project. Thus, it was dismissed for those reasons.

Mayor Vaterlaus thought the 2017 plan was a no-fill plan and asked why that did not move forward, as she thought it seemed like an appropriate plan.

Mr. Stinson stated the requirements under CEQA for the alternative evaluation is to reduce the impacts as identified for the proposed project under each topic area; if there are significant impacts, the alternatives are intended to aim at reducing what those significant impacts would be. He stated that, for example, there is potentially a significant impact on biological resources and therefore many mitigation measures associated with biological impacts from the project. If the project was expanded beyond the area of disturbance as identified for the proposed project, there would be additional areas and additional habitats, etc. Under that one topic area, the impacts would be greater for the no-fill alternative as compared to the project.

Mayor Vaterlaus asked why SMARA has not come forward in the last 40 years to enforce the reclamation required of the City.

Mr. Stinson stated he does not know if he can speak to the why, but they analyzed the application put before them as required by CEQA.

City Attorney Kenyon added that the City has a legal obligation to process all applications that are submitted to the City.

Councilmember Bigstyck asked how far that process went for the 2016 plan.

Acting Dep. Director Cervantes stated that the 2016 plan was preliminary and was associated with the measure that went for a public vote and the 2016 reclamation plan assumed that the

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site would be developed. Because the voter initiative was turned down, there was no further work on the 2016 reclamation plan.

Councilmember Bigstyck thought the 2016 reclamation plan presumes there is a specific development and, when it was obviated that the specific development was not going forward, that plan was halted at that point. He asked if that is right.

Acting Dep. Director Cervantes stated he was correct.

City Attorney Kenyon stated that plan was never submitted to DMR for review and we do not know that DMR felt that plan met SMARA obligations and the City did not review it for SMARA obligations, so there is no way of knowing if that 2016 plan would meet SMARA requirements.

Councilmember Bigstyck stated, in talking with DMR, it sounded like we had a plan in hand and actionable in 1983 and since then we have a plan in hand and actionable since 1998. He said the 1996 reclamation plan may have had slightly different cut and fill than the 1998 reclamation plan. His understanding from the DMR is that the 1998 plan we have in our hand to this day is something that was approved by the City, passed CEQA and SMARA, and DMR has reviewed with no issues. He asked why we have not proceeded with that plan.

Acting Dep. Director Cervantes stated her understanding of the 1980 plan is that there are still permits that that plan would need to obtain, one being a Coastal Development Permit. She confirmed with Coastal Commission staff that the 1998 plan has not obtained a Coastal Development Permit through California Coastal Commission and there would still be additional actions that they would need to undertake before they could reclaim the site under that plan.

Councilmember Bigstyck asked, to be clear, if they were to pass this version at this time in some form or another, if the next step to go to Coastal Commission.

Acting Dep. Director Cervantes responded that he is correct, as there are still additional permits, one being Coastal Development Permit with the California Coastal Commission.

Councilmember Bigstyck stated that, in one version, it has already passed through Council and CEQA and is ready to go to Coastal Commission and in another Council deliberate on it before it goes to Coastal Commission.

Acting Dep. Director Cervantes stated he was correct.

City Attorney Kenyon added that the 1998 plan was designed prior to the movement of Calera Creek and the plan, at a minimum, would need to be amended to address the implications including the biological implications of that plan now that the creek has entirely moved. She stated that is a practical issue that they are going to have to address with the 1998 plan.

Mayor pro Tem Beckmeyer asked the CEQA consultant Mr. Stinson what the biological implications would be. She asked, in his profession, would he take a plan created and evaluated under CEQA in 1998 and move those findings forward and is it general practice to do that.

Mr. Stinson stated that, with project approvals that old, it would certainly need to be reviewed and considered for what change in conditions are on the site. He clarified that they reviewed the project that is now before them and did not review that previous one.

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 11 September 23, 2024
Councilmember Boles stated that the impacts to the disturbed soil on the hilltop are perhaps more. The 874,000 cubic yard fill plan has huge potential impacts because of the imported soil that the plan did not have. She asked if that is still a choice that Council should be able to make. She had concerns about the imported soil and just being able to limit imported soil could be a huge benefit if we could evaluate that.

Mr. Stinson explained, regarding the requirements under CEQA for the alternatives analysis, when identifying what the alternatives are, you look at the significant impacts and which ones can you reduce through the alternative, but the other side is that the alternatives need to meet most of the project objectives. The no-fill does not meet a couple of the project objectives as well as potentially increasing some of those impact areas.

Councilmember Boles asked if he can clarify which project objectives are not met.

Mr. Stinson stated objectives 2 and 8.

Councilmember Boles asked if he could read those.

Mr. Stinson stated he would pull them up.

Councilmember Boles also asked about the Coastal Commission’s review and understanding that this is an area of deferred certification. She stated that there was an email on July 30 from the Coastal Commission that says, “Note that the zoning designation for the quarry referenced in the submittal references the General Plan. This is not certified zoning language by the Coastal Commission and unless the new LCLUP is certified by the Coastal Commission, the proposed zoning does not apply yet.” She asked how that factors in what we are doing today.

She stated there was another email from the Coastal Commission from June 2, 2023, that said that the zoning change to PD that is required for HPD would also need to be approved in a LCP amendment. She was not sure if that was addressed in the staff report either.

Acting Dep. Director Cervantes stated the zoning designation is certified by the California Coastal Commission because our zoning map is certified. What they are referring to is the General Plan designation which the City has outlined in the 2040 General Plan. The 1980 LCLUP and the 1980 General Plan do not have a designated land use designation for the site, as it is called a special area, and without having specific land use designation, the City staff has referred to the only land use designation that we have, which is the 2040 General Plan.

Councilmember Boles referred to the change for the HPD variance to PD and the Coastal Commission saying that it cannot be done without an LCP amendment, and she asked if that is something that we can vote on now.

Acting Dep. Director Cervantes stated that her understanding is that because, the area is a deferred area, the Coastal Commission would have to approve the land use to rezone as part of the Coastal Development Permit application that they are reviewing.

City Attorney Kenyon stated that it is the same as what we are doing with the EIR if Council were to certify the EIR. She stated that the certification of the EIR does not make the EIR valid because that certification still needs to be certified by the Coastal Commission before that action can become final.

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 12 September 23, 2024
Councilmember Boles asked if we still have an obligation to review the project to the Coastal Act requirements.

City Attorney Kenyon stated no, as our obligation is under our HPD zoning.

Mr. Stinson read the two objectives in response to Councilmember Boles’ previous question:

The first one is the reduction in grading because the project is essentially laying soil and grading, which is taken to mean that the area where grading will occur is going to be limited to this location. The extent of additional grading of native soils to knock back all of the slopes to meet SMARA standards would be extensive.

Councilmember Boles stated we do not know how extensive and asked if it would not meet the project objectives because the project objectives want to have a lot of grading.

Mr. Stinson stated that the project objective was to minimize the grading but within that footprint and not to expand the area of the mine pit. He stated that Objective No. 8 is to reclaim the quarry to pre-mining conditions for SMARA.

Councilmember Boles stated that we have seen pictures from the Historical Society of what the hill used to look like with minimal mining from the 1920s. Therefore, none of these applications are restoring this to pre-mining condition. She asked if he has looked at those images.

Mr. Stinson stated, if you are knocking back the elevation of the pre-mining hill, there is a certain elevation if you have to knock that down and it would not be pre-mining conditions; to bring in soil and build back up to match that previous contour is what that objective is trying to get at.

Mayor Vaterlaus stated she has a question regarding process. There are two appellants and they both get to speak now for ten minutes.

City Attorney Kenyon answered affirmatively.

Mayor Vaterlaus said the applicant is an appellant who gets to speak later.

City Attorney Kenyon stated that this is his opportunity to speak.

Mayor Vaterlaus understood that he does not have ten minutes later.

City Attorney Kenyon stated any appellant gets ten minutes now and any appellant can choose to have three minutes later for rebuttal. The initial presentation is only ten minutes long. Then, if they want to take a rebuttal after hearing all the rest of public comment, they have three minutes for that rebuttal. She stated the appeal went one first.

Mayor Vaterlaus called appellant Mr. Dan Stegink up to the podium.

Dan Stegink made a request to Mayor Vaterlaus to recuse herself from the vote and stated that Council had not adequately disclosed ex parte communications.

City Attorney Kenyon stated that is not the case. She stated, based on what she read in terms of the recusal, this is unrelated to any Fair Political Practices Commission conflict of interest. It relates to a relationship, if one even exists, and if we assume it does exist, that does not relate to a councilmember’s immediate family. The mayor may state that for the record.

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 13 September 23, 2024
Mayor Vaterlaus stated that she does not know the Gilmartins at all.

Mr. Stegink raised an objection to the mayor’s statement.

Mayor Vaterlaus called for a break and then reconvened the meeting.

Mr. Stegink began his appeal testimony. He raised issues with the agenda not containing a complete reclamation plan or a definable project plan, in addition to its eligibility factors for EIR or CEQA. He stated that the Rockaway Quarry meets all criteria under the National Register of Historic Places to be designated a historic site and referenced Native American artifacts found in the Calera Creek Water Treatment Plant construction in 1996-97. He also provided information on the order debarring William Gilmartin III, ProVen Management Inc., and Bayland Soil Processing LLC from doing business with the City and County of San Francisco and expressed frustration at the fact that William Gilmartin III was bribing public officials while concurrently applying to Pacifica’s Planning Department, adding that Pacifica and San Francisco have many tiers of influence that overlap. He raised issues regarding sites from the 2015 reclamation plan that had since disappeared with climate change, in addition to project maps that do not reflect the existing conditions and risks at these sites. He also questioned the inspection of the mining site by the applicant, DMR, and City officials. He stated that the applicant has failed to accurately represent the extent that quarry has been reclaimed by wildlife and incorrectly presents documented presence of endangered species. He urged the City Council to prevent corrupt businesses from doing work in Pacifica. He also referenced several letters between staff indicating the mine was deemed stable with no identified public health and safety issues and SMARA saying any imported fill is beyond their purview. He stated that they must not approve this project as Pacifica is not a dump.

Mayor Vaterlaus called the next appellant up to the podium.

Alicia Guerra from Buchalter filed the appeal on behalf The Preserve @ Pacifica and Bayland Soil Pacifica, LLC. She stated that they filed this appeal because the Planning Commission denied the project with no options left for the applicant besides going forward with the 870,000 cubic yard fill project. As a result of the community’s response to the imported fill, they proposed to take the reduced fill alternative as Mr. Stinson indicated is included in the CEQA document and use that as a framework to address their concerns, propose further mitigation, propose the lessening of imported fill, and further reduce impacts that were already determined to be less than significant. She stated that that is allowed under CEQA and they are following requirements by law. They cannot restore it in the way that it was in pre-mining condition because the conditions on the property have changed because the Coastal Commission has issued Coastal Development Permits for the changes to Calera Creek and the wastewater treatment plant. She stated that Mr. Gurnsey will talk about next steps with respect to this appeal should the project be denied, and then Mr. Heule will talk about trying to use the reduced fill alternative as a way of facilitating planning.

Adam Gurnsey stated he is a mining attorney from Sacramento, California, and has been practicing SMARA for the last 12 years, representing both private mining operators and counties across the state. He stated that state law requires that the applicant reclaim this quarry into a safe and stable condition, consistent with SMARA and the City’s local Surface Mining Ordinance. He stated that condition does not exist today, especially with the slopes it is not stable as a matter of law and a matter of practice. He stated it is their client’s obligation and right to reclaim that site consistent with state law. Referring to the Reclamation Plan history,

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 14 September 23, 2024
there was an original reclaim application that included 970,000 cubic yards of imported fill. As a result of conversations during the first Planning Commission meeting, the applicant agreed to reduce that to 874,000 cubic yards of fill and, based on engineering analysis, that is the absolute minimum of fill required to leave that slope in a 2-1 horizontal to vertical slope configuration, which is a prescriptive SMARA requirement. Any less and those slopes would not be consistent with SMARA. Following the workshop group, there was a submittal on July 2 where the applicant came up with a voluntary condition whereby they would phase their reclamation over the course of four years, filling 583,000 cubic yards, but during that time, it was understood that the applicant would work with the City to see if there was some end use other than open space that the City could approve which would allow less fill to leave those slopes stable. He clarified that the 874,000 cubic yards of fill reclamation plan is what is being applied for, and even if Council were inclined to approve the reduced phase approach, it is just phasing; if there were no ultimate agreement on future development, the applicant would be required to import the remainder of that fill to leave the slopes stable from a SMARA perspective. He stated that the reclamation plan that has been before the City is legally compliant with SMARA, has been reviewed by DMR, and analyzed by a well-prepared CEQA document from Raney. The City is obligated, when presented with a legally SMARA-compliant reclamation plan, to approve it. If the City does not approve it, there are appellate remedies that are available to the applicant that takes that decision out of the City’s hands. He wants to address one last comment that came in a letter written towards the end of the comment period last week that suggested that, if there was an appeal to the State Mining and Geology Board, the State Mining and Geology Board could not approve it because they cannot certify a CEQA document. He stated that is false, as the State Mining and Geology Board is a lead agency for a variety of surface mining lead agencies across the state and they can approve CEQA documents, certified EIRs and approve reclamation. He stated that there is no way to avoid approval simply by declining to certify the EIR. He then turned it over to Mr. Heule.

Paul Heule, the property owner, stated this process has been going on for nearly 30 years and he is here to ask to approve a state-mandated reclamation plan and thereby create an accessible open space for the community. He ended with a quote from Martin Luther King, Jr.:
“The arc of the moral universe is long but it bends towards justice.” Change will happen at the quarry in Pacifica and he hopes that it will be done in an affirmative vote on the alternative proposed by City staff.

Mayor Vaterlaus asked if Councilmembers have any questions for the appellants.

Councilmember Bier stated that we need to be kind and considerate to everyone in this space.

Councilmember Boles asked staff to confirm, if we do not go through this specific plan, the project would go back to the 874,000 cubic yard fill, not the 583,000 cubic yard fill.

City Attorney Kenyon stated that they will appeal the 874,000 cubic yard fill reclamation plan if Council denies their appeal at this time or in the future.

Councilmember Boles asked what happens if we approve the 583,000 cubic yard fill but the specific plan does not work out and can they go back to the 874,000 cubic yard fill at that time.

Asst. City Attorney Murphy stated that there is a Condition of Approval in the proposed regulations, Condition No. 9, that if there is no specific plan, then it would go up to the 583,000 cubic yard fill which is the maximum that they are recommending.

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 15 September 23, 2024
Councilmember Boles stated that the appellant has agreed to that.

Asst. City Attorney Murphy stated that they proposed that and agreed to it.

Mr. Gurnsey stated that the reduced fill was a proposal as an accommodation. There needs to be a minimum of the 874,000 cubic yards to have legally compliant SMARA slopes. The accommodation is a 4-year phase within which there was to be discussions with the City regarding an end use that is different than the proposed open space. If there was an agreement reached and the City approved development, and that development allowed them to reduce fill, perhaps they could go under the 874,000 cubic yard fill. The phased alternative for those four years was to provide enough time for the parties to engage in that discussion. If there is no development approved at the end of the day, as a matter of law to have stable slopes, they need the 874,000 cubic yards. He stated there is no world where 583,000 cubic yards allows them to reclaim the site consistent with SMARA.

City Attorney Kenyon understands what the applicant attorney is saying, but the reality is, if Council upholds the appeal and approves the reclamation plan along with the conditions that staff has proposed, the ultimate fill that will be allowed on the property would be 583,000 cubic yards of imported fill. She stated that is the City’s condition that we are imposing on the project.

She knows that is not what the applicant proposed, but we have revised the applicant’s proposal with regard to the 583,000 cubic yards.

Councilmember Boles stated, even if we approve the 583,000 cubic yard fill plan, they could still appeal the 870,000 cubic yard fill plan to SMARA.

City Attorney Kenyon stated that they could.

Councilmember Boles stated the site is allowed to have visitor-serving commercial by right.

Therefore, technically, if the specific plan process does not go through for whatever reason, they could still bring forth an application for a hotel and other things that would not necessarily need a specific plan and would essentially reduce the grading quantity.

City Attorney Kenyon responded affirmatively, adding that any grading that they propose would be reviewed by staff and our peer review geotechnical consultant to assure that there was not more grading than was needed for the proposed development. Whether it is existing uses allowed into our zoning or if a formal specific plan process is approved in the future, it would be whatever is proposed in that specific plan.

Councilmember Boles thought that regarding conservation, if they decide to land bank it but still need to reclaim it, they need the 874,000 cubic yard fill.

City Attorney Kenyon responded affirmatively, as that is their position.

Councilmember Boles asked about SMARA’s powers in terms of being a lead agency and certifying CEQA. She asked to confirm what they can and cannot do.

City Attorney Kenyon stated, if this application were appealed to SMGB, they would have the authority to approve a reclamation plan but would not have the authority to certify the Environmental Impact Report, as that would have to be remanded back to the city to give direction to the city on how they should approve the reclamation plan and then to simultaneously do the environmental work necessary to approve that reclamation plan.

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Attachment: Attachment A: Minutes of 09-23-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 16 September 23, 2024
Asst. City Attorney Murphy added that there are City approvals, including rezoning and legislative approvals, that are required in order to move forward with the reclamation plan. The SMGB does not have authority over the City for the rezoning and other permits aside from the reclamation plan.

Mayor Vaterlaus opened public comment.

Owen Brizgys, Pacifica, stated the proposal was a class 3 landfill, suggested an alternative corporate entity to transport the imported soil, expressed concerns about the environmental impact of the project, and stated that the SMARA citations from the appellant were incorrect.

Richie Beltran, Pacifica, stated he was a descendant of the Ramaytush ancestors and he stated that the applicant was using the incidents at the quarry to further themselves financially.

He shared his appreciation the City’s Land Acknowledgment and his thoughts on the right thing for the city to do to honor the Ramaytush people.

Pavin Johnson, Oakland, stated he is a citizen of the Quapaw nation of Oklahoma and an active member of the Bay Area indigenous community. He shared the concerns of the Ramaytush community on this project as well as the health hazards of the project and asked them to vote against filling the quarry.

Lois Marshall-Ward, Pacifica, stated she is strongly against the quarry project, specifically regarding traffic and the environmental impacts.

Linda Peebles, Pacifica, stated her family is opposed to the Rockaway Quarry Reclamation Plan and expressed concerns about the environmental, health, safety, traffic, and noise issues.

She also questioned the soil quality to brought in by the applicant.

Mark Hubbell, Pacifica, shared his concerns on the use of tragic incidents at the quarry in putting forth this project and stated in his conversations with DMR that the safety standard was to make the quarry safe for recreational purposes. He raised issue with the applicant’s soil testing processes and delivery schedule and timeline and the environmental impacts from this.

Cata Gomes, Pacifica, stated she is a documented Ramaytush descendent of the Timigtac along Calera Creek, and she expressed her opposition to any fill in the quarry and her concerns about trusting the owner and the company’s history of convictions from San Francisco. She emphasized environmental impacts as a result of the project. She also shared experiences from other jurisdictions from her land use consultations.

Nancy Tierney, Pacifica, stated she stands with the community and urges Council not to adopt the resolution. She stated the Planning Commission rejected the project, expressed concerns with the soil import, and asked who benefits from this project.

Charlie Schwab, Pacifica, asked what rigorous monitoring means, where the soil is coming from, how the applicant will control trucks for traffic, and what dangers there are in the quarry.

Ron Maykel, Pacifica, hoped Council respects the Planning Commission’s decision and shared his thoughts on a future conservation or recreational possibility for the site.

Emil Cohan, Pacifica, shared his experience on a project he is working on and what he had to

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do to bring soil to Ox Mountain and asked why the applicant does not have to do that.

Victor Carmichael, Pacifica, stated the Planning Commission rejected this plan and expressed issues regarding health and traffic from the project. He also highlighted that DMR is only concerned with safety, not restoration via fill.

Rich Campbell, Pacifica, stated the City will not lose local control with DMR taking over if Council denies the project. He shared documented information that limits the state board’s jurisdiction to hear appeals from the City the appeal is clear on the record that the City abides by its own quarry code and its own reclamation plans and shared his reasons Council can deny this project under Pacifica’s Municipal Code.

Pete Shoemaker, Pacifica, stated that SMARA law is to do what is best for the community and this plan is terrible for the community and is against the intent of SMARA law. He urged Council to reject this plan.

George Yatraks, Pacifica, appreciated invoking Dr. King and shared a counter quote from Vincent Van Gogh, who said, “The sadness will last forever.” He pointed out the inadequate CEQA which makes the EIR insufficient.

Suzanne Moore, Pacifica, stated that every person she canvassed opposes this plan and asked Council to deny the project. She asked to look into a no-fill alternative for the quarry.

Danielle Spandau, Pacifica, shared her concerns on what has been proposed on this land.

She loves her house and this town and she does not want it to change.

Curt Kiest, Pacifica, reinforced the thought that the quarry is private property and the owner has the right to develop it, but within the guidelines, etc., when he bought it. He shared his concerns on the proposed plans and other legal issues by involved participants. He encouraged Council to say no to this proposal.

David Goodman, Pacifica, shared his concerns on the position of the applicant and questioned why this is not being taken to a vote. He shared confusion regarding the process.

Cindy Abbott, Pacifica, referred to Planning Commission’s decision to deny approval of the proposed quarry reclamation by a 5-0 vote and she stated it is Council’s turn to do the same.

Laurie Goldberg, Pacifica, questioned what all the people involved in this plan have to do with Pacifica and whether they have bought off some people in Pacifica. She shared her disagreement with the plan, the consequences of which the community would have to live with.

Dinah Verby, Pacifica, stated that there have been several misrepresentations or misstatements made tonight. She stated the owner submitted another plan in May 2017 for a low or no imported project and the owner did not submit the 874,000 cubic yard fill plan to DMR.

Peter Loeb, Pacifica, stated Council received letters from an attorney representing CPUP, Coalition of Pacificans for an Updated Plan, which he co-founded, but he is speaking as an individual. The attorney’s letters point out many reasons for Council not proceeding with the approval of the project. He also submitted a letter for findings that the EIR is not adequate, alongside other public comments pushing Council to deny this project.

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Clif Lawrence, Pacifica, expressed frustrations with the process. He also shared that the timeline would be longer than 4 years. He urged Council to deny the plan.

Ruby Pleasure, Pacifica, stated she is concerned about the latest quarry proposal and voiced her strong opposition to the project regarding health and safety, access to Pacifica, and pollution and contamination.

Deborah Nagle-Burks, Pacifica, voiced her strong opposition to the latest quarry proposal and shared her concerns about the project regarding health and safety and environmental impacts.

Marj Davis, Pacifica, had an interesting conversation with a manager at DMR, who shared the DMR is an oversight agency, not regulatory, and SMARA gives state review authority but is not prescriptive, as there are many ways to reclaim the site, and the denial must be related to SMARA to be heard by the SMGB. She stated this should be reclassified to a land fill project.

Remi Tan, Pacifica, finds this a ridiculous proposal and mentioned all his specific concerns, including health, traffic, and safety issues on the process.

Cherie Chan, Pacifica, stated we need to uphold the approved LCLUP and emphasized that the quarry needs to promote integrated, planned, and well-designed use of the site.

Betty Duran, Pacifica, stated that the community does not want this project because of concerns of health and safety, and concluded it must go away.

Gloria Stofan, Pacifica, stated she is concerned about the traffic, as well as other issues, and she urged Council to not approve this plan.

Leo Leone, Pacifica, stated Council should uphold the hard work and analysis of the Planning Commission and expressed his concerns about safety issues. He also shared the previous measure initiative failed because the community did not like the housing aspect and many other plans before this one have failed for the same reason.

Kimberly Williams, San Mateo, is representing San Mateo County chapter of Surfrider Foundation which has serious concerns about the potential for hazardous waste and contaminated soil reaching beyond the project site and traffic impacts, as well as excluding indigenous voices during consideration of this project. She shared thoughts of other options to the site.

Steven Goodale, Pacifica, shared his concerns on the planned project goals for the quarry and stated that Planning Commission rejected it and Pacificans emphatically reject it and he asked Council to reject this project.

Dan Evenhouse, Pacifica, thanked all attendees who came to encourage Council to reject the applicant’s project and asked Council to pay attention to the overwhelming objection of Pacificans to this project.

Carlyle Ann Young, Moss Beach, appreciated the need to reclaim the quarry but shared her concerns on the project plan regarding imported toxic soil and traffic.

Sam Casillas, Pacifica, appreciated wanting to develop the quarry but he felt we need to be more responsible and emphasized there needs to be no fill. He suggested rejecting the project

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based on not meeting CEQA standards.

Ann Sima, Pacifica, thanked them for their efforts as well as fellow residents for speaking up and shared her personal concerns about this project, especially for the youth and schools.

Summer Lee, Pacifica, asked Council to ask the applicant if they have ever done quarry reclamation. She shared her concerns and questions about several aspects of this plan process as well as Council’s decision going forward.

Katie- HNTB, asked Council to think of the impact on the kids as a result of this project. She highlighted the recreational use of the quarry and the safety of the trail used by families.

Mayor Vaterlaus closed public comments, and invited appellant Mr. Stegink to begin his rebuttal.

Appellant Mr. Stegink began his rebuttal. He stated that the applicants represent themselves whereas staff and City Council represent the people. He stated that 68% of the people voted against this project in 2016. He highlighted the tragic history of Native Americans in the quarry and in Pacifica. He mentioned that this will be Council’s legacy and people will remember their decision on the quarry in the future.

Mayor pro Tem Beckmeyer asked if Councilmember Boles can ask her question of the first appellant.

Councilmember Boles stated that he gave the Council some documents, including an email for then Planning Director Murdock on April 22, 2023, to the Department of Conservation, which included an attachment stating the mine was deemed stable with no identified public health and safety issues or noted. She stated that she did not see that attachment.

Mr. Stegink stated they do not have the letter but he assumes City staff has it.

Councilmember Boles asked City staff if they have seen that correspondence.

Acting Dep. Director Cervantes stated that she has the letter open now.

Councilmember Boles asked if she could read it to them. She stated that she wants to understand if the Department of Conservation is saying that the mine is deemed stable with no identified public health and safety issues, that was material to what we are talking about.

Mayor pro Tem Beckmeyer stated she was confused about who wrote the letter to whom because it seems that former Planning Director Murdock was communicating with somebody from the California Department of Conservation over this letter that he was referencing.

Mr. Stegink stated that was correct.

Councilmember Boles asked if Acting Dep. Director Cervantes can share who the letter is from and to.

Mayor pro Tem Beckmeyer added date and subject.

Acting Dep. Director Cervantes stated it is not a letter, but a State Mining and Geology Board

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executive officer’s report for meeting date June 13, 2013.

Councilmember Boles stated that we can go ahead and she would like to come back to that.

City Attorney Kenyon asked if there were any other questions for this appellant.

Councilmember Bigstyck asked if Pacifica could likely bar individuals and companies solely because San Francisco has already barred them.

City Attorney Kenyon stated that we do not have a process in place for barring. The City could institute one but that is a rigorous process. Her understanding is that, in San Francisco, William Gilmartin III went through that process and it was determined that he was barred from engaging in any activity with the city of San Francisco. She stated that is how Pacifica would design ours if we had one in place, but we do not.

Mayor Vaterlaus stated we can hear the other appellant’s rebuttal now.

Mr. William Gilmartin IV spoke representing the appellant, stating that he is not William Gilmartin III and he is 100% owner of Bayland Soil Pacifica, LLC, and he is not debarred from doing business with the City and County of San Francisco and has done millions of dollars of work with that city every year.

Ms. Guerra is continuing with the appellant’s rebuttal. She stated that they understand the community does not like this reclamation plan and they have attempted for the past few years to try to address their comments, whether through reducing the amount of fill as part of the proposed project and agreeing to explore a reduced fill alternative that City staff identified in their own CEQA document. They have also addressed every comment and incorporated measures into the reclamation plan to address those comments. She stated that there are no toxic substances being disposed here; it is not a toxic landfill but a reclamation. She stated that all her client is asking to do is to reclaim the property based on what the law says. It is reclamation that has been required for 30 years. They respectfully request that Council consider this project as a de novo review which is what their law requires and act on this project and approve it in furtherance of what the law requires.

Councilmember Bier asked when and why the appellant added a development pad to the project.

Ms. Guerra stated that they did not add a development pad to the project. There is a 1983 Rockaway Beach Specific Plan, a redevelopment project. At that time, that plan defines proposed land uses. Those proposed land uses have been carried forward in their 1985 General Plan and in each subsequent General Plan update. The 2040 General Plan continues to reflect those land uses. What they did in the context of this reclamation plan was to identify what is the final use. Reclamation under SMARA is required to be adaptable to the end use.

They looked at the General Plan and established what the proposed area was for development based on the figure in the General Plan that identifies land uses within that area. Then, because reclamation on this site is determined based on the topography, the elevation, the existing contours of the property, etc. they did two things: They established what is reclamation based on the ultimate end use, based on the General Plan, and they based the initial reclamation plan in 2020, revised in 2022 and again in 2023, looked at the worst case condition based on open space, no development, and that is how they came up with that.

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Councilmember Bigstyck stated it is showing no flat building pads created for the October 23.

Ms. Guerra stated that the revised reclamation plan dated September 1, 2023, which was submitted as a full package in October 2023 with all the grading plans and all of the engineering plans, was based on open space, no flat pads in the center of the quarry. When they looked at trying to further reduce the amount of imported fill, you have to fill the quarry with something, either dirt or some area of development.

Councilmember Bigstyck thinks she answered it that it is predicated on open space.

Ms. Guerra answered affirmatively.

Councilmember Bigstyck stated that he had a couple of questions for Paul Heule. He stated that the community clearly has a sense of his business partners but he has more of a sense of him as an individual. He understands that Mr. Heule was knighted in the Netherlands.

Mr. Heule stated that he was, that the king knighted him prior to work he did for the Netherlands and the United States to promote a number of things for both countries and collaboration between both countries. He stated that it was quite rare and quite difficult as it requires other recommendations and complete background checks.

Councilmember Bigstyck stated that his technical question was why Mr. Heule has not done the 1998 plan. When he talked to the Division of Mining Reclamation, they made it clear that it is up to Pacifica at the end of the day what our land use is; they reiterated that they have a plan in their hand and feel perfectly comfortable implementing tomorrow. The plan is approved by Council, reviewed by DMR, CEQA completed, and needs Coastal Commission review.

Mr. Heule stated that every single consultant he has spoken to said that the 1998 plan is a nonstarter with the Coastal Commission. The other appellant showed the hundreds of thousands of cubic yards that were taken out of the quarry, and if you look at the site, just to put six inches of top soil over the entire site is almost 70,000 cubic yards of soil. He stated that it is a large site and, in order to fill that somehow, you either need to bring the hill down and level it off or need to bring it back up. The 1996 plan has about a million cubic yards of dirt that gets moved via that hill being torn down. He was told that the Coastal Commission would deny it.

Councilmember Boles thanked him for being willing to talk with her before this meeting. What she heard from him is that he wants to do the right thing in terms of the environment, the community, and the tribal issues and allowing for those conversations to happen. She is having trouble with this reclamation plan and how that reconciles it. She also clarified that only housing needs to go to a vote of the people, not the reclamation plan and any commercial and development. She reached out to him because of her concern of where we are in this process.

He also said he wanted to go to affordable housing which will take a partnership with the community to come to that point. She asked if he can affirm that those are his goals for the site, in the long run and beyond the reclamation.

Mr. Heule stated his initial intention was not to just create open space, but he proposed a plan that developed less than 10% of the entire 87-acre site and only had at the time 206 apartments and 12 single-family units, then a hotel use. He stated that it is extremely light development and the community made it clear that they did not even want 10% development. He thinks it was an environmentally friendly plan that would have put good wetlands in place. It would have created lots of open space for people to use and all the things she mentioned. People voted it down

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and went to the same extremes he heard at this meeting. Coming from that history, he thinks, as a property owner, the only reasonable alternative that he has is to comply with state law and reclaim it. Many times people oppose reclamation because people are not willing to do the reclamation because it is expensive; in the last ten years, he has spent millions of dollars to try to get to this point and he wants this thing to be left in a state that is better than where he found it. He is committed to it and he has a track record of the developments that he did do in the United States and Europe, if they were to do a development.

Councilmember Boles stated that, reviewing the Zentner report from May 2017, a reclamation plan after the vote failed, she would like to hear more from him about that and what he was trying to do at that time. She appreciated the summary at the beginning that talked about the design and goals of the design to create safe slopes and minimize grading to the maximum extent practical which reduces the potential impact and limits cost. At this point, she thinks he was looking to pay someone to reclaim the site. She knows it was not fully designed and engineered or reviewed by SMARA but the goal at the time was 108,000 cubic yards of fill, mostly in the quarry floor. It also talked about not working on the limestone faces. She asked if he can talk more about this as it seems like the direction that they would all prefer.

Mr. Heule stated he would prefer as well, adding that there are millions of dollars’ worth of commitment being made there. He stated it would be in his best interest to reduce that reclamation and the way you reduce it is by putting less fill in. He would like to do that, and the consultants tell him that, with all the new requirements and everything that is coming in with the Coastal Commission looking at it, you have a certain amount of space and, in order to do that right, you can only stop filling in so much and then you can get some construction on top of that which will only take care of part of it.

Councilmember Boles stated where she sees a potential conflict of interest is that Bayland Soil is the one who hired the civil engineer. She asked what were the directions given to them. She has a degree of questioning of whether all that fill is required or if this is a way to make money.

She stated that one of these other plans only lasted two years.

Mr. Heule thinks she is correct that they will make more money with more fill. He thinks that is why City staff negotiated with his team to say they approved the 583,000 cubic yard fill and they can go look at something specific that they are going to put there with community input and decide how much fill they need. The City allowed for up to four years to figure it out. If they cannot figure it out in those four years, they will do what the state law requires them to do. He thinks that was built into the approval being asked of Council at this time. Before they haul in one truck, that is probably 18-24 months from today. He stated that City Council instructs Planning Commission and staff to diligently work on a specific plan and they provide the resources as they promised to bring in the consultants that Pacifica decides to hire, not him, to do this in a timely fashion and build a critical path together with the people. He stated we certainly can get community engagement and get a specific plan designed if all the people are held accountable to specific dates and times and the researchers are available to do that. They have agreed to provide the resources as it is up to the City and its team to put together a critical path to make that happen. If the City can come up with 100,000 yards, he would thank them for that as that means they can get going through development quicker and he can get a nice project after everybody is involved. He stated, if it cannot happen, then he needs to comply with state law.

Mayor Vaterlaus stated he has an expert that knows about dealing with Coastal Commission and the plan from 2017 and he said it would not pass. She asked if he can explain that.

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WRA Consultant Justmick stated he is not familiar with the 2017 plan because he came on the project after that, but he thinks they were talking about the 1996-1998 plan and its approvability by the Coastal Commission earlier. He stated that 1 million cubic yards is a lot of material to bring in. The scale of this project is many years of dynamite crushing rock and it is a whole quarry project in and of itself. For the Coastal Commission to approve that is a long shot. They are bringing down the entire mountain and viewscape is a big deal on the coast and an important issue for the Coastal Commission and is probably a nonstarter.

Councilmember Bigstyck asked if he is of the mind that bringing in 874,000 cubic yards of fill would be more than something that the Coastal Commission would be in favor of.

WRA Consultant Justmick stated it was something they have been talking to them about, as they submitted permits to them a few years ago and they have been going back and forth.

Councilmember Boles asked if he can give them an idea of Coastal Commission’s major concerns and feedback to date.

WRA Consultant Justmick stated that their comments have been around biological resources, ESHA, and where the wetlands are going to be placed. They have not specifically talked about truck trips but they have asked about reducing the size of the footprint.

Mayor pro Tem Beckmeyer asked if he has done reclamation work for a quarry in the coastal zone.

WRA Consultant Justmick stated he has not personally.

Mayor pro Tem Beckmeyer stated that question is for anybody in their team if they have done reclamation work for a quarry in the coastal zone in California.

Mr. Gurnsey stated that they have improved reclamation plans in the coastal zone, but Pacifica is in a unique situation because the quarry is outside their local coastal development permitting authority and those do not have to go to Coastal Commission. There is an opportunity for them to review them but, since the City does not have the authority to issue the local coastal development permit on behalf of the Coastal Commission, it is a different process.

Mayor pro Tem Beckmeyer asked if he was saying that the Coastal Commission does not have authority and that DMR has the authority.

Mr. Gurnsey stated DMR does not have any authority to approve a reclamation plan. The DMR is one of the bodies of the Department of Conservation. State Mining and Geology Board is a separate body. DMR provides an advisory role and for the most part review and comment on reclamation plans. They can take over some enforcement obligations at certain times and, when the SMGB is the lead agency, DMR acts on behalf as their enforcement. The SMGB is the one that has appellant authority over reclamation plans, not DMR.

Mayor pro Tem Beckmeyer asked if he is saying that the Coastal Commission has no jurisdiction whatsoever to approve any biologic plans, ESHA, etc.

Mr. Gurnsey stated that they have to approve a Coastal Development Permit but they do not approve the reclamation, as it is a separate entitlement.

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Mayor pro Tem Beckmeyer wanted to follow up to his statement. She stated an increasing area of interest and concern for the Coastal Commission is environmental justice. She asked if any of the people on the team worked in an environment where environmental justice was a factor in the way the plan was put together and what form of tribal consultation did you independently do as you prepared this plan.

Mr. Gurnsey stated they do a lot of work in disadvantaged communities identified by AB 617.

Quarry operations are viewed favorably from an emissions reduction standpoint. He stated that this is a unique situation here as there is no more mining. He stated that it comes down to that they have an obligation to reclaim the site and they have set forth a reclamation plan to them that complies with the law. There is one that is existing from 1996, but Coastal Commission never approved the CDP for it. They are coming to the City for an application. Regarding her question about tribal consultation, they have done a lot of tribal consultation for programs across the state but he has never worked in Pacifica and the tribes culturally affiliated with this area. In his personal experience on what she asked, tribes prefer a government-to-government approach and they respect that and let the counties and cities handle that.

Mayor pro Tem Beckmeyer concluded that he has not.

Councilmember Boles asked if he has experience in landfill projects.

Mr. Gurnsey stated yes, as they are quite common in quarry sites across the state.

Councilmember Boles asked at what point would this project ever be classified more as a dump.

Mr. Gurnsey stated never, as it is used solely for reclamation purposes, using highly regulated material that comes onto the site that is tested and clean.

Councilmember Boles stated that it is Class 3 soil where some toxins are allowed, not all naturally occurring. She referred to Ox Mountain, stating they also accept class 3 soils, but then they are reviewed by CalRecycle and there are other review of the work that is going on.

Mr. Gilmartin stated the testing requirements stipulated in the soil management plan require that the material received on site meets residential reuse values as established by Department in Toxic Substance Control and match what is normally allowed for in the San Francisco Bay Area.

Councilmember Bier appreciates that. She is concerned about nutrients in the soil.

WRA Consultant Justmick stated that he has done a lot of restoration work and the nice thing about native plants in California is that they do not need a lot of nutrients. They have gone to specifying limited to no fertilizers when they are doing restoration projects and he has done test spots for mine reclamation before and they have tested spots with and without compost. He thinks it is a fine approach that is specified.

Mr. Gilmartin would like to add to that point, that in the revegetation plan, it provides for plant mitigation period when they monitor the vegetation to make sure that it succeeds.

Ms. Guerra wanted to comment that they all have experience dealing with environmental justice matters concerning these types of facilities. She has worked on permitting various energy facilities located at landfills in disadvantaged communities; many of the monitoring measures

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and those more robust programs they incorporated from a soil management standpoint, air quality standpoint, dust management, and traffic management, all of those are standard features that they have implemented in disadvantaged communities in order to not only maintain existing baseline air quality but improve the conditions for the community. She stated, in the context of addressing environmental justice, it has not only involved addressing the particular demographic in that community but tribal communities as well. She has dealt with this with respect to oil facilities, ongoing oil operations near coastal resources, where there were tribal communities that were not federally recognized tribes. She stated that they are sensitive to these issues which was why they took the approach they did in this context.

Mayor pro Tem Beckmeyer asked if they have done environmental justice work in those regards with the visitor-serving community.

Ms. Guerra stated, with visitor serving community, yes, not in coastal resources but in the Central Valley and south coast coastal resources. Most of them have experience dealing with federal agencies in that regard.

Councilmember Bier thought she read in the EIR that the EIR had not analyzed impacts through the creek and to the ocean. She asked if they can talk about it as she is concerned that the impact to waterways might be different. She was told that the State Water Board does not allow Class 3 soil to be used on levees and would this be allowed where things could leech through into environmentally sensitive habitat and the ocean.

WRA Consultant Justmick stated he was not a specialist on hazardous materials or leeching.

They are working with federal and state agencies to get permits for the project, and the creek is out of the formal project area, but these agencies are aware that the work is happening right next to the creek. They have a provisional permit from the Army Corps of Engineers and have been working with the Water Quality Control Board on a 401 water quality certification. They are familiar with what the project is, the material coming in, approximate age of the creek, etc., and that issue has not come up.

Mr. Gilmartin stated that there is one more important distinction: This is not a Class 3 commercial waste site. None of the testing requirements or limits can be defined that way. It is residential reuse values, which means the soil is clean enough to go in your backyard.

Ms. Guerra stated she does a lot of permitting work for levees for flood control facilities and the soils criteria for levees are different than what they would be in this concept. That is driven by levee seepage criteria, Corps of Engineers standard concerning the integrity of the levee for flood control purposes.

Mayor Vaterlaus closed the public hearing.

Councilmember Bigstyck stated he is willing to extend the meeting to 1:00 a.m.

Mayor Vaterlaus stated, with a lack of a second, that motion fails.

Councilmember Boles moved to extend meeting to 12:00 a.m.; seconded by Councilmember Bier.

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EXTEND MEETING TO 12:00 AM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Boles, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
Mayor Vaterlaus called for a break and then reconvened the meeting. She then stated that Council would like to hear from the Planning Commission the reason they denied the project.

Planning Commission Chair Hauser stated the Planning Commission heard a lot of concerns throughout the process and the question they never focused on was whether a reclamation was necessary. What they looked at was if the reclamation as proposed comport with our local policies and did they have a certifiable EIR. First, from a land use consistency view, Planning Commission was not able to make findings that this proposed project was consistent with the General Plan for a number of reasons, but namely that the findings required that the end uses be known and those are not going to be known without a specific plan. The second thing they were asked was does this proposal minimize grading and the answer is no. The applicant’s team responded that there are proposed 3-1 slopes which increased the amount of fill that is being proposed. The second facet of that is that the number kept changing and Planning Commission asked for a discrete number of cubic yards that were being proposed and they were not given one. Part of the reason they were not given one was because the applicant said that it could further reduce the amount of soil by factoring in foundations. She stated can they make a finding that the impact of amount of soil are minimized to the maximum extent feasible, no, because the applicant told them no. On the CEQA topic, they were asked to certify a CEQA report on a project description that kept changing. She thinks Raney did a good job writing a CEQA report but it was on a project that was outdated. For example, on the cultural component of that, they had asked about cultural consultation and were told that in accordance with the law AB 52 consultation was done and that our local tribe does not qualify. She stated that there is a General Plan policy that says that applicants must work with our local tribes and that was not completed. They also felt there was a lot of reliance in the technical memo from August about archeology that relied on SHPO’s assertion but SHPO’s review was from 2022 and specifically had a paragraph that said, if new information comes up, this analysis needs to be relooked at and they did not see an analysis of that kind. Lastly, it was confusing that development was both being suggested and not being suggested and it was hard to look at CEQA holistically with that in mind. For those reasons they were unable to make the findings and additionally Commissioners said it was not the right project for Pacifica.

Planning Commissioner Wright echoed everything Chair Hauser has suggested, but in addition to that, the Planning Commission that Council picked worked hard at this and took their duty and responsibilities seriously. They read thousands of pages, went above and beyond, and did the research and went down into the weeds. They understood exactly what was going on in the past all the way to the present and they were not capable of making the findings that they were asked to make which are very different than the findings Council is being asked to make. They were unanimous and brought all their experience, skills, and acknowledgment to bear. The Commission could not come to the conclusion to support the project.

Mayor Vaterlaus asked if anyone had questions for the Planning Commissioners.

Councilmember Bigstyck asked, as a determining body, was there consensus around specific findings that could not be made.

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Chair Hauser stated yes, Planning Commission could not make findings that this was consistent with the General Plan. They did concur that a specific plan process, which was suggested by Mr. Heule in May, would alleviate that; if a specific plan with community input was completed, they would be more comfortable saying that the reclamation was consistent because the very nature of the findings says you have to understand the end use. She stated that there was deliberation in August where members of the Planning Commission were undecided, but by the end of the evening, they all concurred that they could not make the same findings.

Mayor pro Tem Beckmeyer referred to the specific plan and asked was that ever brought forward as a Condition of Approval or discussed as some kind of condition upon which the project could move forward.

Chair Hauser stated that they specifically asked Mr. Heule if they could consider doing a specific plan prior or in parallel to reviewing the reclamation. They understood from him that was not feasible but it was requested by the Planning Commissioners.

Commissioner Wright stated that they did request it and shortly thereafter that the applicant came back with the reduced fill option to try to address part of the many concerns that they expressed during that meeting.

Mayor pro Tem Beckmeyer stated the reduced fill from to 874,000 cubic yards to 573,000.

Councilmember Boles stated that they mentioned the goal of reducing the amount of fill and asked if they are still seeing 3-1 slopes on the 870,000 cubic yard fill project and the 530,000 cubic yard fill project.

Chair Hauser stated yes. The plan the Planning Commissioner reviewed in August was for the 583,000 cubic yards and the applicant confirmed that there were 3-1 slopes being proposed and they were not existing slopes but new slopes.

Councilmember Boles stated that she has been reading through SMARA and trying to understand what is required. She stated Section 3704 has performance standards for grading and slope stability. She stated that the whole 2-1 idea SMARA talks about in terms of final reclaimed fill slopes but there is another section that talks about cut slopes which includes the high wall and the quarry faces. She stated those do not have to be 2-1, as it says, “Those shall have a minimum slope stability factor safety that is suitable for the proposed end use.” Her understanding is soil does not need to be put up against the limestone. She stated that there are areas above the limestone that needed it and other fill areas that needed it.

Chair Hauser stated that the question the Planning Commission originally asked in June 2022 was how much soil and imported soil is needed to reclaim the quarry. That number has been moved throughout this process. She thinks part of what was heard in August at Commission’s meeting was a discomfort at not having a discrete number.

Councilmember Bier stated that confuses her and she cannot see the end uses if she does not have a plan and that is where she keeps going back to. She stated she trusts the Planning Commission and appreciates the work they did.

Councilmember Boles wanted to ask about HPD as they are asking for a variance and HPD requires us to minimize not just development but disturbance. She stated that the applicant’s

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drawing has some diagrams about HPD that she believes are inaccurate and she wanted to be able to point specific things out. She stated the first part she wanted to pull up was the survey that shows the property line and, if you look on the southern flank, the property line goes all the way down to the ocean. On C01, their lot coverage exhibit, they define their line of what they are counting is not including the property that they own but is the steep bluff on the southern flank. She stated that there is a note with an asterisk that says, “site area includes easement connecting parcels and west parcels, excluding ocean side bluff”. She stated that everything she has read in HPD is that you are not just looking at what you are disturbing, but at your whole site and what the slopes are and then that gives you your calculations. She thinks the calculation of what is allowed is not correct. She also has not seen a calculation of what is proposed. She thinks it is easy enough to say the whole quarry bowl site is disturbed but the staff report says 2.8 acres are disturbed on the eastern parcel and there is no diagram of what is counted. She stated that there is a letter from the applicant that says the 2.8 acres is the wetland and the mitigation pond, but they are grading the quarry road for a new road, putting things down, building culverts, etc. and she has seen no drawings of any of that defining that work. She has not seen a tree replanting plan. HPD says, if you are not going to count it as a disturbance, you cannot touch it. It has to stay in its natural state and, if you are planting trees somewhere or taking pampas grass out, she did not find any reference to that happening. She stated that is disturbance too and that has not been counted. She does not feel comfortable approving a variance that she does not have the information on. She stated that they should be minimizing grading. She stated that the Coastal Commission had an issue with HPD and the rezoning too.

Mayor pro Tem Beckmeyer asked regarding rezoning what it was and what it is proposed to change to with planned development.

Acting Dep. Director Cervantes stated the 1980 General Plan and 1980 LCLUP do not have a standard land use for the site. It is called a special area, and the uses include commercial, residential, City Hall, and Marina. She stated that the land use under the 2040 General Plan is visitor-serving commercial and conservation. The current zoning for the site is service commercial with a public vote required to rezone for residential use, HPD overlay and a coastal zone district overlay. The proposed zoning is planned development with a public vote required to rezone for residential use, the HPD and the coastal zone overlay. As part of the Coastal Commission approval, they would also need to approve the rezoning of the site from the current zoning to the proposed zoning.

Mayor pro Tem Beckmeyer asked what the planned development includes specifically. She understands visitor-serving, commercial, conservation, low intensity, etc. and she does not know what exactly planned development means. She just knows that term has been used in relationship to Sharp Park Specific Plan areas as well.

Acting Dep. Director Cervantes stated it is slightly different. Because of the HPD, under that zoning article, it states if you want to do any further development, including grading or excavating, you need to get a development plan and, in order to have a development plan, you also need to have a specific plan. She stated that the term “specific plan” in this sense is not like the traditional Sharp Park Specific Plan where we have a document that has land uses and policies of what is going to be there. By the way the code is written, it is a development plan that is telling what the use will be (reclaiming) and the specific plan is the information of how it is going to be reclaimed for this type of project. It is not like the traditional specific plan, Sharp Park Specific Plan, that we are used to seeing a document that is labeled specific plan. This is a requirement of our code when we have projects that are in the PD zoning or needs to obtain

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PD zoning because they are in a HPD, the project materials themselves are the development plan and the specific plan. There are a lot of examples in the last 10-15 years, specifically with single-family residences that have been approved by the City where they are in the HPD or the PD zoning district on the northwest side of the City and they are required to go through the development plan and the specific plan office in order to develop.

Councilmember Bigstyck asked if that specific plan nomenclature have a modern equivalent that our code should be modernizing to.

Acting Dep. Director Cervantes was not sure.

Councilmember Boles stated she has another General Plan consistency question related to ESHA. CO-I-28 said, “If the area qualifies as ESHA, under the California Coastal Act, the following restrictions apply… alteration of land forms, removal of vegetation, impervious surfaces, noise, light and glare, shall be minimized.” She stated that it is about minimizing the work in ESHA. She knows in the General Plan map this whole area is mapped as potential ESHA. She was given a letter from Coastal Commission from 2005 which had to do with a project on Fassler but it referred to the quarry area, and she read the section from the California Coastal Commission on May 23, 2005: “ESHA in wetlands, section on Highway 1 that would be expanded as traffic mitigations for the proposed residential project on Fassler is part of the Pacifica quarry site which contains wetland, stream and riparian habitats that holds San Francisco garter snake, California red-legged frog, western pond turtle, and other special status species. The area supports one of the few remaining breeding habitats for the San Francisco garter snake and is thus critical for long term viability of endangered species.” She does not know what the impacts to ESHA are and we do not know what they are doing in the flat part of the land.

Chair Hauser stated this is something in the August meeting the Planning Commission did discuss. Figure 7-3 of the General Plan shows the quarry as potential ESHA and Figure 6-1 in the previous element shows it as other protected open space. Part of what was difficult about creating a land use consistency finding with the General Plan was so much of this quarry area is designated conservation in our land use element and being able to find that this particular reclamation which does disturb these areas was consistent with the way we define conservation in our General Plan. That was one of the findings they were asked to make and specifically were unable to.

Acting Dep. Director Cervantes stated that we do have General Plan policies that do state prohibiting development in existing wetlands except as allowed under the Federal Clean Water Act and California Coastal Act. There is also language that refers to if impacts to wetland is unavoidable, compensation measures should be included, and that is what occurred here.

There is an Environmental Impact Report that outlines the impacts to biological resources, including wetlands, and the appropriate mitigation measures for that.

Councilmember Boles stated it refers to the wetland in the quarry parcel which is being moved, but it does not refer to the wetland in the main parcel. She stated we do not know what they are doing in the main parcel because we do not have a vegetation plan. She stated that there may be impacts here that we do not know anything about.

Mayor pro Tem Beckmeyer asked how would that be corrected in the EIR. When you have an EIR that is based on a certain amount and then, if it is going to change, how does that happen.

She asked if the EIR is amended or is it redone.

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Mr. Stinson stated the entirety of both sites were surveyed by the biologist and identified where the wetlands exist on the site and identified which ones would be impacted by the proposed project. As part of the proposal is inclusion of some manmade built wetlands at a ratio that satisfies the requirement. As far as how the project morphed over time, the first project they looked at was the biggest one; as the applicant came back with less fill, they were asked to take a look at that plan and reviewed it against what the EIR said and determine whether there are any changes or anything that might trigger recirculation. They submitted a memo to look at that smaller 874,000 cubic yards fill plan. He stated that the conclusion was that it was the same footprint from a biological standpoint, just less fill going into that footprint, and they are still impacting the same amount of wetlands.

Councilmember Boles stated we do not know what the impacts are to the eastern parcel.

Mr. Stinson stated the only improvements being done in the eastern parcel are related to the ingress and egress and the mitigation ponds themselves.

Councilmember Boles stated ingress and egress is right next to wetlands and they are creating a culvert over the wetlands. She stated that there are no drawings that show what the impact is to that. There are also trees that are super close and no drawing that shows the tree canopy and does not show any of those trees being removed but there is no analysis showing the impacts to the trees in an arborist report.

Mr. Stinson stated, in the bio chapter, there is a discussion on tree removal and the arborist report identified where the protected trees that were slated for removal are all in the quarry parcel. He stated it identified where the trees are required for removal but showed where the ingress goes through there are protected trees along that route but are not slated or required for removal. There will be some minor trimming and there is a mitigation measure in the EIR that requires a tree protection plan to make sure that those trees are adequately protected.

Councilmember Boles does not understand why that is not in the application now. She stated the problem is that the tree canopies are touching and the roots are touching so trucks driving on that road would impact the trees and that has not been analyzed in the arborist report. She stated that there are also wetlands all through there and the wetlands grow in the winter time and she was not convinced that they are not impacting the wetlands with the truck movement either. Regarding the tree replanting, she stated that there is no plan. In the General Plan, it talks about the quarry area being coastal scrub which is not an area that has trees. The tree replanting would likely be in the quarry flat parcel and they have not shown evidence impacting the wetlands with more disturbance and we do not have that information.

Mr. Stinson stated that the biologist that went out and did the survey identified where the wetlands are. He stated that was also peer reviewed and they determined that the impacts have been identified and there is adequate mitigation to reduce the effect.

Councilmember Boles asked where are the plans that show what they are doing to the road and the culvert. She stated it is increasing the slope and having berms on the side and how do they know what the impacts are for the wetlands. She said it is creating a road over wetlands that possibly extends into the wetlands. She is looking at the grading plan C10, which talks about the slope changes. Culverts are referred to in the application but she does not see details of them anywhere. She stated that she has been struggling in finding all the drawings.

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City Attorney Kenyon stated that comment has been noted and we can come back to that if he finds what she is looking for.

Councilmember Boles stated Chair Hauser mentioned the General Plan required tribal consultation, and she asked if she can point her to where that is.

Chair Hauser stated that CO-I-70 is an implementing policy which requires applicants to “work with local native American tribes to protect recorded and unrecorded cultural and sacred sites”.

Councilmember Boles thought that was very broad.

Councilmember Bigstyck referred to mention of something about a 2022 study that suggested that, if new information comes up, we should be consulting with the tribe.

Chair Hauser stated there was a memo from Raney and ALTA and that memo relied heavily upon the State’s Office of Historic Preservation concurrence. When the applicant tried to get their Army Corps permit, the state has to opine as to whether or not there are cultural resources in order to move forward with the biological permits. As part of obtaining that report, SHPO issued a concurrence letter which was an exhibit to this long archeological memo that was given to the Planning Commission. If you look at that SHPO letter, it says with the information we have, this is our concurrence; if new information comes to light, the applicant is required to provide additional information and may be required to do more.

Councilmember Bigstyck stated that comment was more in relation to the EIR, not General Plan consistency.

Mr. Stinson stated that the Section 106 process is a federal requirement and was triggered through consultation related to 44 permitting. As far as the CEQA document and the requirements in that document, they based their analysis on multiple reports prepared over time.

The latest went out and surveyed an area greater than the project area and determined, through their pedestrian in person auditing and surveys, that there were not any resources on the site.

Even so, they do have mitigation measures that identify what you need to do in case you do come across something as the project is in an area that is cultural sensibility.

Chair Hauser read the paragraph on the memo: “Be advised that, under certain circumstances, such as an anticipated discovery or a change in project description, the COA may have additional future responsibilities for this undertaking under 36 CFR, Section 800, as sequential.” She stated that the tribe indicated as such on the record during public comment and in a May 17, 2024 letter, which is important because the SHPO letter is from 2022. Because this is a fill operation and not about excavation, she thinks the question the Planning Commission asked is has the cultural component of the EIR been done properly or is this additional information that requires going back to the process.

Councilmember Bigstyck moved to extend meeting to 12:30 a.m.; seconded by Mayor pro Tem Beckmeyer.

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EXTEND MEETING TO 12:30 AM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
Mayor Vaterlaus does not see this ending in a resolution at all tonight and she knows we want to submit items that we are interested in to Planning so we can get those items settled.

Councilmember Bigstyck suggested giving information to staff to bring back findings that may be used for denial at the next meeting if we should continue.

City Attorney Kenyon suggests that the Mayor take a straw poll to see where Council is, and if Council is going where Councilmember Bigstyck is going, then there have been concerns raised in terms of General Plan consistency issues, failure to have a concrete understanding of what that final grading plan would be for 583,000 cubic yard fill, tree plans, etc. Council could get a consensus with a straw poll to see where the Council is supportive of addressing the appeal issues tonight or if they feel it needs to be continued to get more information to make a decision.

Councilmember Bigstyck stated that he had some difficulty understanding Mr. Stegink’s appeal because the project was already denied by the Planning Commission. He thought it was counterintuitive that somebody would appeal something that went the way they seemed to think it should have gone.

City Attorney Kenyon stated that was why it was staff’s recommendation that Council deny that appeal.

Councilmember Bigstyck asked if we are prepared at this time to make findings of denial for that appeal.

City Attorney Kenyon does not know because she does not know what the majority of Council wants to do. She suggested that the Council do a straw poll and she can help direct them on what the next steps would be depending on the results of the poll. She said just a consensus would suffice, as the appeals are unrelated to the de novo review of the project. There are actions on the appeal and actions on what Council wants to do with the de novo review of the project which they have to review. Her suggestion is, if Council can give staff an indication of where the majority of Council wants to go with the project, staff can deal with the appeals after that. She reiterated that she is asking for a straw poll that will give consensus on where the Council is going with the project because she can then help direct the next steps in deliberation.

Councilmember Boles stated that she has ten more pages of questions if they are reviewing to approve. She thinks she has raised in a short time that there is more grading than they need and fill and the HPD is incorrect. She is okay having findings of denial as she cannot see a way to approve the project as it stands now.

There was Council consensus.

City Attorney Kenyon stated, if that is the case, Council will make a motion to direct staff to come back with a resolution denying the project. Staff would then need from Council what would be the basis for denial. She wants to confirm all those, and we will come back at a future

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meeting where Council will then review this, most likely on consent as the actual motion regarding the project will be taken at this meeting and the formal resolution documenting their action at this meeting will be brought back at a later date. She stated that, at this point, staff needs to hear from Council what is it about this project that makes them not want to approve it and, in fact, make a motion to deny. She has heard issues with the General Plan consistency, issues with the HPD calculation, and issues related to slope calculations.

Mayor Vaterlaus stated that the fact that we do not have all the information that we would need to go forward, like math and trees.

City Attorney Kenyon stated that what she heard is that there was a plan that we do not have.

She heard Council concurred that a reduced fill alternative, less than 583,000 cubic yards, could be consistent with SMARA.

There was Council consensus.

Mayor pro Tem Beckmeyer stated our Municipal Code requires a reclamation plan submitted with a grading plan and it sounded as though that was incomplete as a grading plan was not there. She has a concern about the completeness of the application for our codes.

Councilmember Bigstyck added traffic plan under the circulation.

Councilmember Boles stated that the General Plan allows analysis of level of service and that has not been analyzed to understand the impact. She referred to 902-5, which includes a final grading plan.

Mayor pro Tem Beckmeyer stated that there was a recommendation to look at the Circulation Element of the General Plan and not just what is required in the EIR. She wanted to know if, in that analysis, the health and safety considerations that were brought forward were included in the EIR. She referred to the truck trips, amount of diesel, air quality impacts, etc., Mr. Stinson stated, in the air quality and GHG section, there is an entire modeling effort put forward for toxic air contaminants, including diesel particulate matter from exhaust from the hauling trucks. They specifically looked at idling emissions at the intersection, their whole ingress and egress path, idling in the quarry, as well as all of the equipment operating in the quarry. That is put through a dispersion model and identifies concentration at the nearest sensitive receptors which included the school that they looked at and they did the full analysis and it is under the significant thresholds.

Mayor pro Tem Beckmeyer asked if that includes the slope and grade of Highway One in terms of safety concerns raised with brake and driving in a low gear.

Mr. Stinson stated, from the emission standpoint, they used speed bins and that gives you the emissions associated with acceleration and deceleration that are a result of downshifting.

Mayor pro Tem Beckmeyer asked if it is focused on emissions.

Mr. Stinson stated it is focused on emissions.

Mayor pro Tem Beckmeyer asked where does that safety concern fit in and would it be a Condition of Approval.

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Acting Dep. Director Cervantes thought there would be two possible ways, one through Public Works roadway design. There could be something specifically on the site related to this project or Condition of Approval for management and the driving of the trucks as well.

Mayor pro Tem Beckmeyer stated that the other point that was made about ingress and egress and safety considerations with traffic for our first responders. That is the concern she had.

Mayor Vaterlaus referred to staging and how do they stage the trucks when coming in.

Mr. Stinson stated there was a queuing analysis done to ensure that there was adequate deceleration space and room for the truck to get into the site. Given the distance of the ingress and egress paths, there is adequate space to hold quite a few trucks and there was an analysis that was done based off of the signal timing on the egress and there is a flag person there to make sure that there is safe movement of the trucks in the parking lot and there was an analysis done for how many trucks can be moved during peak hour times and how much stacking length is there in the project and there is ample room on the site for them to back up and still move through as the signal timing allows.

Councilmember Boles stated that there was an expert hired by Attorney Grisetti Jeffrey Hornick, a traffic expert who commented on the inadequacies of the traffic in the EIR. She asked if he had analyzed it.

Mr. Stinson stated, from the start, they had an expert do the traffic analysis which was peer reviewed. He stated this project is slightly different than a normal project, a commercial development with vehicle trips associated with that trip generation. This project is slightly different in that there is a demand for soil as projects are under construction in the region and that generates a demand for where that soil needs to go somewhere and there is an existing demand. By putting this as an additional receptacle, the analysis methodology was what was the BMT without this project and what is the BMT with this project, truck trips only, and how do they compare the net difference, and that is how this project analysis was done, separate from employee trips.

Councilmember Boles would like to hear about that 2013 letter from staff.

Acting Dep. Director Cervantes stated it was the State Mining and Geology Board executive officer’s report dated June 13, 2023, and it appears that the Pacifica’s quarry was an item that the State Mining and Geology Board took to one of their hearings. This was agenda item 4, review of lead agency response to state Mining and Geology Board issuance of a 45-day notice to correct deficiencies to the City of Pacifica pursuant to the Surface Mining and Reclamation Act (SMARA). Following review, the board may take appropriate action in accordance with public research code section 2774.48. It appears that what occurred is during the time period from 2010 to 2012, the City was not compliant with SMARA and the Board found four deficiencies related, specifically to the financial assurances that are required for reclamation projects. This is essentially an item that the Board heard where they determined that the City in June 2013 had sufficiently partially met or had fixed all the deficiencies. The part that was quoted in the email is a section in the background of the agenda item and the last sentence of the first paragraph of the background says, “Although it seems stable with no identifiable public health and safety issues, the site remains unclaimed in accordance with this approved reclamation plan.” She stated that is the complete sentence.

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Councilmember Boles stated that it has not officially been reclaimed but they do not see any public health and safety issues.

Acting Dep. Director Cervantes stated that is the summary.

Councilmember Boles stated that the reclamation may not need to be very much if they do not see safety issues. She stated that we do not know.

Councilmember Bigstyck stated that the point is we do not know. He asked if we are supposed to make a motion to give direction or are staff just taking direction.

City Attorney Kenyon stated that we would need a motion to deny the appeal and to direct staff to bring back a resolution denying the appeal and denying the project with appropriate findings as set forth tonight.

Councilmember Bier said so moved; seconded by Mayor pro Tem Beckmeyer.

City Attorney Kenyon stated she would like Asst. City Attorney Murphy to reflect what we have heard in terms of what those finding would be.

Asst. City Attorney Murphy stated what staff have heard is generally inconsistency with the General Plan, including requirements to minimize disturbance, ESHA requirements, conservation policies, and policies regarding working with tribes; in addition, concerns about minimizing fill based on slope requirement as well as general concerns about whether the plan minimizes fill and disturbance; in addition, concerns about clarity about the end uses, given the changing plans; and concerns about the lack of information on the plans and ability to make the findings, given the lack of information; and lastly lack of compliance with HPD and the zoning requirement in our Municipal Code.

City Attorney Kenyon stated what Council is doing tonight is making the motion to deny and they are asking staff to document those denials and findings in a formal resolution which staff will bring back to Council on consent at a future Council meeting.

Asst. City Attorney Murphy clarified that, because we do not have a resolution, this is not final action on this application. Final action will take place when the resolution comes.

Mayor pro Tem Beckmeyer wanted to make sure Asst. City Attorney Murphy has the part that the reclamation plan was submitted but did not have a grading plan per Pacifica Municipal Code 9-205.

Mayor Vaterlaus added the tree plans.

Councilmember Bigstyck stated that, when he talked to the Division of Mining Reclamation and they reiterated, it seemed on no uncertain terms, the 1998 plan can go forth. He heard the consultant tonight say in their opinion, the Coastal Commission would not approve it. He thought he does not know how Coastal Commission is going to go for upwards of 1 million cubic yards of fill being brought in. They brought up the vision of a marina in the General Plan and it reminded him when he was running four years ago and that was the vision of one of the people he was talking to. He stated the mayor had a desire to have biotech in that area. He had his own vision about that quarry. He stated that his point is that he has heard several different visions of what could be there and that is what a specific planning process is about. He stated

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that is the idea, a process engaged where all the community members go forth and give the vision and then it may be voted on and approved. It seems that they are talking about disruption of the site in mitigating the disruption of the site to the point feasible, but we are disrupting our community on a constant basis between then and now and toxicity of soil. He stated that if at any point a specific plan and process had been engaged in, we would be on a very different footing. He thinks, if that process is engaged in, we might have a sense of what the community might actually rally behind. He did not think we can figure out what the right option for fill is that they can agree on as a community without knowing what that specific plan process would say. His answer to that is, according to the Division of Mining Reclamation, there is already a plan in place that they think passes and that if we had that specific plan process, we would all be having a much better time in life.

Mayor pro Tem Beckmeyer wants to acknowledge the aspects of a community-based specific planning process that creates a vision. She wants to thank the applicant for bringing the community together. Regarding work done with the Coastal Commission, she sees the evolution in their thinking around incorporation of tribal consultation and incorporating concerns into those kind of planning processes.

Councilmember Bier was going to say thanks to staff as this is in no way a reflection of all the hard work they have done. She stated that she has lived in this community her entire life and this topic has come up so many times.

Councilmember Boles agreed that visioning and having a specific plan are important and part of that her vision includes Ohlone Ramaytush Cultural Center. This could be something that draws people here and something that we could be proud of. She mentioned to Mr. Heule that we do want to work on the specific plan.

Mayor Vaterlaus stated she had a vision too a long time ago and it was voted by the people and it lost by 509 votes.

Councilmember Bigstyck stated that that the 538,000 cubic yard fill plan, in theory, would have facilitated a specific plan but he thinks that, if we had initiated a specific plan under those auspices, it would have been dubious in our community.

Mayor Vaterlaus asked them to vote.

DENY THE APPEAL AND DIRECT STAFF TO BRING BACK A RESOLUTION DENYING

THE APPEAL AND DENYING THE PROJECT WITH APPROPRIATE FINDINGS AS SET FORTH AT THE 09/23/2024 CITY COUNCIL MEETING
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bier, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
CONSIDERATION - NONE.

ADJOURN
Mayor Vaterlaus adjourned the meeting at 12:20 a.m.

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Transcribed by Barbara Medina, Public Meeting Stenographer.

Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Sue Vaterlaus, Mayor

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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 October 14, 2024

SPECIAL AND REGULAR MEETING
October 14, 2024 (MONDAY)
www.cityofpacifica.org
Mayor Sue Vaterlaus called the meeting to order on October 14, 2024 at 6:00 PM 6:00 PM - CLOSED SESSION
00a.CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION. Government Code section 54956.9(d)(1)- Coalition of Pacificans for an Updated Plan, et al. v. City of Pacifica, et al.

California Court of Appeal Case No. A17074.
7:00 PM OPEN SESSION
Call to Order
Mayor Vaterlaus reconvened the regular meeting at 7:05 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; Michelle Kenyon, City Attorney; Yulia Carter, Asst. City Manager; Maria Sarasua, Police Chief; Stephanie Cervantes, Interim Community Development Dep. Director; John Mullins, PW Interim Director; Louis Sun, PW Dep. DirectorWastewater Div.; Scott Leslie, PB&R Director; Bill Glasgo, Police Captain; Vicente Romero, Police Sergeant; Joe Gomez, Police Sergeant; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.

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Reading of Land Acknowledgment
Mayor Vaterlaus read the Land Acknowledgment.

Salute to the Flag led by Mayor pro Tem Beckmeyer
Closed Session Report
City Attorney Kenyon stated that there was no reportable action.

SPECIAL PRESENTATIONS
A. Special Presentation - CoastPride Services & Programs Cameron Zeller, Interim Executive Director from CoastPride, stated CoastPride was the culmination of a study by the San Mateo County LGBTQ Commission looking at the needs of LGBTQ community members in San Mateo County. One outcome was that LGBTQ coastsiders were feeling isolated and not supported in their identities and parents of trans children could not find the resources they needed in Half Moon Bay. The LGBTQ Commission held a listening session and started the nonprofit CoastPride in 2019 to serve from Pescadero to Pacifica. Dir.

Zeller highlighted the health and wellness support groups, education and visibility, and social justice, and CoastPride works with schools to develop sexual orientation, gender identity and expression policies to protect LGBTQ students. They then highlighted Pacificans who made it possible for CoastPride to work in the City and shared the process in Pacifica. They appreciated the Councilmembers’ support of CoastPride.

Councilmember Bier stated that CoastPride is lucky to have Dir. Zeller and she is lucky to know them and call them a friend. She thanked the Economic Development Committee who were entrenched in Pride, etc. She thinks the training CoastPride provides for teachers and caregivers is important and she wants to see if we can get that training for our City staff and elected, as well as committees and commissions. She stated that the CoastPride Board has amazing people and the work they do from Pescadero through Pacifica brings the coastside together. She thanked Dir. Zeller for being who they are and what CoastPride needs.

Mayor pro Tem Beckmeyer echoed Councilmember Bier’s sentiments and shared that she felt a sense of confidence and comfort in the schools in Pacifica that did not always exist. She stated she is proud of our community for accepting, understanding, and learning about the nonprofit and programs; she also understands there have been some challenges, but she believes we are United in Love and will continue to be. She is grateful to Dir. Zeller, to the CoastPride Board, the County, and everyone who supports it, and looks forward to their continuing work and it meant a lot to her that Pacifica was included.

Councilmember Bigstyck thanked Dir. Zeller for allowing the community within our community to be safe and seen. He appreciated everything they are doing to normalize human experiences.

He asked them about their perspective, what does they/them mean to them, how does it feel when we try to figure it out, and how can we be better allies as we engage with our journey.

Dir. Zeller thought what matters the most is seeing someone is trying to use the pronouns correctly and recognizing when a mistake is made. They think the important part is to show you are trying and thinking about it. If you make a mistake, the best practice is to recognize that you made a mistake, say sorry, correct yourself, and move on. They gave recommendations from

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their training on learning how to use they/them or other pronouns.

Councilmember Boles stated she would love to have some training and she considers herself an ally; as much as we can learn to be human and respect and love each other for who we are is so important. She stated at the Sunset Ridge event there was an acknowledgment of what happened but also a celebration and the kids that were there know that this is who they are and believe in and it is right. She asked where their money comes from and what do they need in terms of money and other resources and how can our community help.

Dir. Zeller stated the money comes partly from individual donors on the coastside, partly from San Mateo County, and partly from grants. CoastPride could use help mostly in staffing, and being able to pay people to do the work that they do is a big need for them. With Pacifica, they specifically would love to have space here.

Mayor Vaterlaus also attended the Sunset Ridge event and thanked Dir. Zeller for everything they do and making people feel comfortable in the changes they are going through. She was talking to Assemblyman Marc Berman and he was happy that we had Pride Parade here as most cities did not.

Police Chief Sarasua stated it was a pleasure to speak on behalf of CoastPride. They met a few months ago and introduced their new LGBTQ liaison officer program which is a highly trained member of the police department that will serve as a point of contact to the LGBTQ+ community so they have a place and contact of a familiar person that can make them feel safe to come forward. They are looking forward to growing opportunities together for special events and provide training for our city staff and members of the police department.

There were no public comments.

B. Proclamation - Domestic Violence Awareness Month - October 2024 Mayor Vaterlaus read the proclamation of Domestic Violence Awareness Month - October 2024.

She welcomed Director of Quality and Strategic Initiatives Lynn Schuette from Community Overcoming Relationship Abuse (CORA) for joining them and accepting the proclamation.

Dir. Schuette thanked Council for acknowledging Domestic Violence Awareness Month and expressed how important it was to recognize this month. She shared the CORA number (800- 300-1080) and stated CORA provides everything through that hotline to help when people have nowhere else to go. She then mentioned prevention and education. She thanked Pacifica for stepping into the Speak Up Program. They also have a small program in schools called YEA! (Youth Engagement & Advocacy) that was able to respond to schools, counselors, etc. following major incidents. She is proud to be able to bring that to our town and they are providing education for students to understand what a healthy relationship is. She stated that it is intervention and prevention to make Pacifica a safe place.

Councilmember Bigstyck thanked Dir. Schuette.

Mayor pro Tem Beckmeyer thanked Councilmember Bigstyck for getting CORA and the Speak Up Program here. She was so proud when the Lion’s Club donated to support that program.

She is proud of our community and would love to hear how we are moving forward with it.

Councilmember Boles remembers touring their facility last year with the Council of Cities and

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was amazed at all the work they do and resources they have and how well their space is designed. She mentioned the importance of the CORA stickers in public bathrooms and wanted them for the city’s facilities as well.

Councilmember Bier appreciated Dir. Schuette and feels the work that CORA does is so important. She feels so grateful that there are agencies like CORA that are here to help people who are experiencing things like what she experienced long ago. She wants to participate in any way we can moving forward to keep the ball rolling as it is continuous education such as with CoastPride.

Mayor Vaterlaus stated she set up two presentations, Realtors in Pacifica and Realtors in San Mateo, and they also donate to CORA. She also recorded an episode of The Mayor’s Office at PCT with Chief Executive Officer Karen Ferguson. She thanked Dir. Schuette.

There were no public comments.

CONSENT CALENDAR
Mayor Vaterlaus asked if Councilmembers wanted to talk about any items or pull any items from the consent agenda.

Councilmember Boles would like to request that to continue Item #12 and Item #13.

Mayor pro Tem Beckmeyer asked if we need to make a motion for that.

City Attorney Kenyon stated that we would pull them from the agenda and bring it back at a later date and it will not be discussed tonight.

City Manager Woodhouse stated he has one correction on Item #11. He stated Item #11 on packet page 136, the second paragraph, should say that all groups completed the necessary hours as required in the Pacifica Municipal Code and the total hours worked this year was 549 hours. The sentence about two groups failing to meet the hours following that would then be removed. He stated that it was an inadvertent error in leaving that language in from the last year’s report, and in considering the consent, to accept the report as modified, according to his statements.

Councilmember Boles had a question about Item #11. She stated that the report is saying that we are not recovering enough from the sales of fireworks to cover the additional waste and fires and her question is how we charge for citations.

Police Captain Glasgo stated, as in years past, our goal has always strategically been cost recovery. $1,000 is the maximum amount for the various violations as indicated in the staff report, and AB 1403 caps the City’s ability to generate revenues beyond the 8%. They have collected 8% in years past but in January of this year, the state capped that and lowered it down to 7% which resulted in a net loss of about $5,500 to what they would have collected in prior years. Also, in the report, we issued 10 citations less than last year. Staff had calls for service that hindered their ability during peak hours to maximally enforce various areas of our community which was another factor. He stated the Finance Department works hard in recouping those costs, and the Police Department submits the citations the next day. Staff immediately starts reaching out to those violators and there is an appeal process that those violators are afforded. The violators have the option to file hardship waivers. There are several

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people who filed hardship waivers and the City is actively trying to recollect some of those monies that have come in.

Councilmember Boles asked how the math worked if the total was $13,400.

Police Captain Glasgo stated that there are penalties for those individuals who do not pay on time so that is where we see some of the increased numbers.

Mayor Vaterlaus opened public comments on the consent calendar, not including the items pulled from the agenda, Items #12 and #13.

Dan Stegink, Pacifica, commented on Item #4. He stated that over a year ago, the City Manager was in their neighborhood with Councilmembers Bigstyck and Beckmeyer when they discussed the Anza Pump Station, and he shared his concerns on it still not being fixed.

Mayor Vaterlaus closed public comments and brought it back to Council.

Councilmember Boles had a correction on the minutes. She stated, on page 38 of the minutes, the very last paragraph about the short-term rental ordinance says Half Moon Bay’s TOT was $218 and is now $505, and it should read $218,000 and $505,000.

Councilmember Bigstyck stated packet page 61 says staff plans to bring a final project closeout change order regarding the Anza Pump Station, and he thought an update would be pertinent.

PW Dep. Director Sun stated that staff had intentions of bringing that change order to the October 14 City Council meeting but are still running into some issues with our general contractor. When we have the final change order, staff will bring it back to City Council. They are anticipating terminating the local emergency in December.

Councilmember Bigstyck concluded it is on its way.

PW Dep. Director Sun responded affirmatively.

Mayor Vaterlaus thought it was nice to hear good news.

Mayor pro Tem Beckmeyer moved to approve consent calendar with #2 & #11 as amended by Councilmember Boles and the City Manager, respectively, and Items #12 & #13 excluded; seconded by Councilmember Bier.

CONSENT CALENDAR (ITEMS #2 AND #11 AS AMENDED AND EXCLUDING ITEMS #12 AND 13)
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Sue Beckmeyer, Mayor pro Tem
SECONDER: Mary Bier, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles

1. Approval of Disbursements for 09/01/24 through 09/30/24.

PROPOSED ACTION: Receive and file the Monthly Check Register Report for the month of September 2024.

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2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the August 26, 2024 City Council Regular 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. Quarterly Treasurer’s Reports for the quarter ending June 30, 2024 PROPOSED ACTION: Review and accept the Quarterly Treasurer’s Reports for the quarter ending June 30, 2024.

6. Adopt a Resolution to Authorize Continued Funding Applications for FY 2024-25 with State of California Dept of Education and California Dept of Social Services for Child Care and Development Services
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 Child Care and Development Services and to authorize the Designated Personnel to Sign Contract Documents for Fiscal Years 2024-25.”

7. Adopt a Resolution to Authorize Continued Funding Applications for FY 2024-25 with San Mateo County Office of Education for Child Care programs PROPOSED ACTION: Adopt the Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving Agreement to This Transaction with the San Mateo County Superintendent of Schools for the Purpose of Providing Child Care and Development Services and to Authorize the Designated Personnel to Sign Contract Documents for Fiscal Year 2024/25” and authorize staff to pursue future one-time only funds, State funds, QRIS Quality Rating and Improvement Grants, and any amendments, or County support if they become available during fiscal year 2024-2025.

8. Adopt Resolution Authorizing Application and Administration of the CalRecycle Beverage Container Recycling Grant Program Grant
PROPOSED ACTION: Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Authorizing a submittal of an Individual Grant application for the Beverage Container Recycling Grant Program”

9. Approval of Construction Services Agreement for Traffic Signal and Street Light Services between the City of Pacifica and St. Francis Electric, LLC.

PROPOSED ACTION: Adopt a Resolution Authorizing a Construction Services Agreement for Traffic Signal and Street Light Services between the City of Pacifica and St. Francis Electric, LLC in the amount of $52,355.00 annually ($209,420.00 for four (4) years) from Gas Tax Maintenance Fund, Fund 10; Establish a budget authority of

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$57,590.50, which includes a 10% contingency; and Authorize the City Manager to execute all necessary documents.

10. Resolution Approving Task Order No. 2 with Woodard & Curran for Rockaway Pump Station Hydraulic Modeling Project
PROPOSED ACTION: Adopt a Resolution that:

A. Authorizes the City Manager to execute Task Order No. 2 with Woodard & Curran, Inc. for an amount of $38,530 for providing engineering services for the Rockaway Pump Station Hydraulic Modeling Project; and
B. Authorizes a 15% contingency in the amount of $5,780 and approves a total of $44,310 for this project; and
C. Authorizes the City Manager to execute all documents related to the project and future task orders not to exceed the project budget amount.

11. 2024 July 4th Activities Report
PROPOSED ACTION: Accept the staff report on the July 4th 2024 activities.

12. Consideration of a Resolution: 1) Denying Appeals of Baylands Soil Pacifica LLC and Dan Stegink, of the Planning Commission’s Effective Denial of Various Actions to Approve the Rockaway Quarry Reclamation Plan; and 2) Denying the Rezoning RZ-210- 22, Development Plan DP-86-22, Specific Plan SP-179-22, Quarry Use Permit UP-71- 16, Variance PV-531-22, and Tree Permit TP-1-22 (File No. 2016-001) (APN 018-150- 120 and 018-150-150) CEQA: Exempt under CEQA Guidelines Section 15270 (Denial of a project)
PROPOSED ACTION: Adopt a Resolution: 1) Denying the Appeals by Baylands Soil Pacifica LLC and Dan Stegink, of the Planning Commission’s Effective Denial of Various Actions to Approve the Rockaway Quarry Reclamation Plan; and 2) Denying Rezoning RZ-210-22, Development Plan DP-86-22, Specific Plan SP‐179‐22, Quarry Use Permit UP‐71‐16, Variance PV‐531‐22, and Tree Permit TP‐1‐22 (File No. 2016‐001)

13. FY 2024-25 Budget Amendment to increase the legal budget by allocating additional funds from the unassigned General Fund
PROPOSED ACTION: Approve the FY 2024-25 Budget Amendment, allocating additional funds of $150,000 and appropriating an existing assigned legal reserve of $100,000 to cover legal expenses related to the potential appeal of the denial of the Rockaway Quarry Reclamation Plan project.

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Dan Stegink, Pacifica, stated he is speaking about the quarry appeal and provided to the City Council a supplement from the 2010 DEIR on the Pacifica Village.

Bob O’Donnell, Pacifica, stated he wanted to speak about the short-term rental ordinance, and thanked Council for listening to the residents and making recommendations to improve it. He then shared a personal life lesson in his job as a firefighter in Daly City and his thoughts on the need to expedite this issue.

Lyla Reinero, Pacifica, thanked Council on the short-term rental work done so far and we need to keep up the momentum to get it done. She added that the road improvements on Grand Avenue are appreciated.

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Clif Lawrence, Pacifica, made comments on some observations, i.e., out-of-date planning applications, budget information, staff turnover, and election voting.

Peter Garenani, Pacifica, shared his concerns and thoughts on the STR project and need for immediate action on the ordinance to make residents safe.

Cata Gomes, Pacifica, stated she is a descendent of the village of Timigtag along Calera Creek, now known as Pacifica, and spoke on Indigenous Peoples’ Day. She referred to the Land Acknowledgment and added her thoughts on what happened to this land and the need for change.

Cindy Abbott, Pacifica, stated she is asking to receive an ongoing update on the timing for a new draft ordinance on STR to keep the community informed, sharing her concern about STRs.

Caitlin Quinn, Pacifica, thanked Council for the work on the STRs, and she expressed her concern on the delay on the STRs and request for an update on all aspects of STRs.

COUNCIL COMMUNICATIONS
Mayor Vaterlaus stated that the next item is Council Communications and she asked, with all the police officers present, if Council agreed to having it at the end of the meeting.

Councilmember Bigstyck wanted to highlight something brief. He attended the Board of Supervisors meeting in Redwood City; he was there because he had requested a trailhead sign at the top of Fassler, a kiosk sign where you can put information, and they budgeted $10,000 of Measure K funding to construct that kiosk sign.
(Council Communications resumed after Agenda Item #15.) Councilmember Bier thanked the FogFest group for all their work. She was able to collaborate with HOPE (Healing, Overdose Prevention and Education) which is a new non-profit in Pacifica to do some opioid prevention work and gave out at least 300 doses of Narcan alongside many trainings. She attended CCAG’s Bicycle and Pedestrian Advisory Committee, HEART, and the Age-Friendly Coalition town hall meeting. She thanked Mayor pro Tem Beckmeyer for taking the remaining Economic Development Committee meetings while she is in school. She will not be going to the League of California Cities conference due to midterms and will miss spending time with them but she has the San Mateo County Leadership CORPS.

Councilmember Boles attended the Airport Roundtable. She also mentioned we are continuing to have conversations with NOAA about bringing adaptation training through the town. She shared that Cindy Abbott through Pacifica Environmental Family along with the Pacifica Climate Committee are organizing this training. She met with the Pacific Beach Coalition and President Lynn Adams is officially retiring in January 2026 and shared information on how to help the group with next steps. She gave a special shout-out to Public Works and thanking them for all the work with Coastal Clean Up Day and it was a great collaboration. The Emergency Preparedness and Safety Commission received a presentation from Ana Miscolta, Director of Community Resilience from THRIVE ALLIANCE, and she leads the Thrive Rise COAD (Community Organizations Active in Disaster). She stated that any non-profit can reach out to them and they will help prepare an emergency plan. She stated, regarding Unhoused on the Coast, the county has approved more money through Measure K for services for seniors and they are the fastest growing unhoused population. She believes PRC is going to be making a

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presentation soon on the Temporary Safe Parking Program and a report on how it has been operating.

Mayor pro Tem Beckmeyer stated she is preparing for the upcoming Coastal Cities group presentation at the League of California Cities. She stated that the idea is how do we look at adaptation and what role does armoring factor into that. She asked what we do in terms of nature-based adaptation, how do we implement that, where will it be within the bounds of a city, and where might it be in that jurisdiction but also in collaboration with neighboring cities or even county. As far as Resource Management and Climate Protection, one of the recent meetings was how to involve going over RICAPS.

City Manager Woodhouse stated that we use RICAPs and there will be a CAAP Task Force update to Council in early 2025.

Mayor Vaterlaus stated that all of Council went to Palm-a-Palooza! which celebrated the 50th anniversary of the Pacifica Resource Center. She stated that Mayor pro Tem Beckmeyer gave a presentation at Skyline on for Peninsula CalCities on sea level rise. She went to Fire Service Day and an art show at the Red Café, a Chinese Communication Service group. She attended Emergency Services Council, and it was her last meeting. She stated that she and Councilmember Bigstyck went to a County meeting on homelessness. They have a new county app that we are all supposed to use if we locate anyone whom we think is homeless or needs help.

Councilmember Bigstyck stated that the app is designed for electeds and other forms of officials, not an at large app.

Mayor Vaterlaus attended the Children’s Economic Development Fair, the City Employee Health Fair, and the People Who Care Awards from Pacificans Care. Last, but not least, Fog Fest was the greatest and it was probably the biggest Fog Fest ever. In her current state of having a broken arm, she would like to thank mainly Councilmember Boles because she takes her home after each City Council meeting, Councilmember Bigstyck who drove her to Redwood City, Mayor pro Tem Beckmeyer who took her to the People Who Care Awards, and everyone who drives her around.

Councilmember Bier asked PB&R Director Leslie to talk about the upcoming Halloween events.

PB&R Director Leslie stated that the events include an exciting aquatic pumpkin patch event at Jeanne E. Brink pool, the Boo Bash at the Community Center with a carnival, the Haunted House, and the homecoming dance. Staff are excited and it was the largest we ever had last year and we believe this year is going to be bigger and better. He invited the community to attend.

Councilmember Boles stated that today is Indigenous Peoples’ Day, and she has been reading this beautiful book entitled Braiding Sweetgrass, written by a female scientist who is embedded in a native community and learning from them and restoring the environment around her. She referred to Chapter 11, called the Thanksgiving Address, and it is something the native Onondaga people do every day at school, which showcases what is missing in the Pledge of Allegiance is our connection to the earth, the creatures in our place and responsibility in it, not just to the nation but the place. She stated that, at the heart of the Thanksgiving address, is an invocation of gratitude. She shared that “leadership is not rooted in power and authority but in service and wisdom” and there are multiple sections and each grade would recite one, and at

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the end of each piece, the whole community says “now our minds are one”. She then read part of two sections. She stated that it was beautiful and she recommends it.

STAFF COMMUNICATIONS
City Manager Woodhouse wanted to make it clear that all of the City’s budgets are posted on the city’s website on the Finance page, as well as all the other related documentations are posted there. He wanted to also acknowledge that City Council in this year’s budget allocated a grant of $5,000 for CoastPride. He then referred to questions on the update of STR ordinance work. With Council direction on September 9, he explicitly asked for Council to be clear about next steps, and the next step was to prepare the summary materials and pursue consultation with the Coastal Commission. He stated that staff requested that consultation, but Coastal Commission staff were not available until early November to talk with staff. In the meantime, staff know one of the questions Coastal Commission staff will have is going to be a lot of data requests to back up the policies and, in previous iterations, such as when we went through the short-term rental cap ordinance, they asked a lot of data questions that are time-consuming.

He stated that, in the meantime, staff are being diligent and efficient about bringing together all the data we think they might ask in the consultation about the policies. As he stated on September 9, Coastal Commission staff’s feedback will determine whether we need to come back to another study session with Council for further policy direction or whether we can proceed to start drafting the ordinance to bring forward for Council consideration. He stated that the timeline is undetermined until we get feedback from Coastal Commission staff.

Councilmember Bigstyck referenced some Planning staff in his communications. He wanted to thank Interim Community Development Dep. Director Stefanie Cervantes for stepping in on short notice when we lost our previous Planning Director. He understands another planning staff member will be going out for family leave. He stated that, as we are looking at these big picture items, some of which were very timing specific like the quarry reclamation plan and the Housing Element, these will presumably be made more difficult because of our staffing challenges. He stated that is not to mention that the Local Coastal Land Use Plan we they have been working on for a year now. He would love an update the next time around enforcement issues around STRs.

Mayor Vaterlaus wanted to thank Interim Community Development Dep. Director Stefanie Cervantes as well, as these were heavy loads that she carried. She stated that these are difficult and sometimes people think we are putting them aside, but we have massive things to do that are all important.

Councilmember Boles thanked Interim Community Development Dep. Director Stephanie Cervantes, stating she has been an amazing professional and they will miss her. She thanked her for her service.

Councilmember Bier echoed that as well. She stated that she was so graceful on how she came in. She wishes her the best.

Mayor pro Tem Beckmeyer thanked her for all the service she gave to our community. She has been an amazing professional and brought with her the knowledge that she had from working in Oceanside and carried us forward through our difficult and ongoing projects with the LCLUP update. She wishes her well.

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PUBLIC HEARINGS - NONE.

CONSIDERATION

14. Pacifica Police Department Militarized Equipment Ordinance and Policy, and 2023 Annual Military Equipment Use Report.

PROPOSED ACTION: Move to 1) Waive the First Reading of and Introduce by Title an Ordinance of the City Council of the City of Pacifica Repealing and Replacing Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code Renewing the Military Equipment Policy; and 2) Approve the Pacifica Police Department 2023 Annual Military Equipment Use Report.

Police Chief Sarasua began the staff report.

Police Sergeant Vicente Romero continued the staff report.

Councilmember Bigstyck asked how long did it take from Daly City and San Bruno to have their equipment reach us as we were trying to save lives along our coast.

Police Chief Sarasua stated that we do not have the response times readily available, but we can research that for him.

Councilmember Bigstyck appreciated that.

Police Sergeants Vicente Romero and Joe Gomez continued the staff report. Police Chief Sarasua completed the staff report.

Mayor pro Tem Beckmeyer asked if technology grant program, the funding source for purchasing the unmanned arial devices system, would cover the entire cost.

Police Chief Sarasua stated it would cover the entire cost.

Councilmember Boles appreciated that staff presented this to the Emergency Preparedness and Safety Commission recently. This technology could save police staff time also and she thought staff might want to talk to that about helping with efficiency.

Police Chief Sarasua stated that public safety technology can serve as a force multiplier. She thinks it will increase operational efficiency and effectiveness and enhance investigations. Staff are very excited about the opportunity to be able to have crime scene mapping and exit investigation mapping and the usefulness in the search and rescue operations.

Mayor Vaterlaus thought, if we had our own, it would take way less time than trying to get something coming from another jurisdiction.

Mayor Vaterlaus opened public comments. Seeing no one, she closed public comments.

Councilmember Bier thanked staff for the presentation and she thanked all the officers for being present and for all the service they provide for our city. She stated that one thing she has come to appreciate and expect from our new chief is a thorough professional presentation. She stated that the transparency is refreshing and thanked her for being professional and bringing all the information that we need and applying for grants to fund programs.

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Councilmember Bigstyck remembers when Council first passed this several years ago, and then the Police Department gave him a tour of everything going on and seeing the equipment. After observing the equipment, he took exception to that terminology “military equipment”. He feels that, when that legislation was passed, it was specifically to bring scrutiny to what kind of equipment is being utilized in any given community. He stated that it does not quite seem to fit, at least with the equipment we regularly use in our community, and that follows through to today where they have unmanned aerial systems, drones. He questioned how long we had to take if we have to call from over the hill and what are the odds of losing a life in between. He thanked staff for the community outreach. He remembers when Council first heard this and there was a lot of community concern. Staff have done due diligence to ensure that it has been explained to the satisfaction of the community. He thanks staff for the work and for putting their lives on the line so our community can be safe and doing so in such a fashion that they can regard them all as members of our community. He thanked staff for being those members and taking a heightened interest in keeping us all safe.

Councilmember Boles thanked Chief Sarasua and the officers on all their work on this.

Councilmember Boles moved to 1) Waive the First Reading of and Introduce by Title an Ordinance of the City Council of the City of Pacifica Repealing and Replacing Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code Renewing the Military Equipment Policy; and 2) Approve the Pacifica Police Department 2023 Annual Military Equipment Use Report; seconded by Councilmember Bigstyck.

Mayor Vaterlaus called a break and then reconvened the meeting.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Boles, Councilmember
SECONDER: Tygarjas Bigstyck, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles

15. Appointments to the Economic Development Committee, Emergency Preparedness and Safety Commission, Library Advisory Committee, and Open Space and Parkland Advisory Committee
PROPOSED ACTION: Move to appoint
a) three (3) applicants to the Economic Development Committee each for a full 4-year term to expire October 2028;
b) two (2) applicants to the Emergency Preparedness and Safety Commission each for a full 4-year term to expire October 2028;
c) up to two (2) applicants to at-large positions on the Library Advisory Committee, specifying the term for each; and
d) one (1) applicant to the Open Space and Parkland Advisory Committee for a partial term to expire May 2028.

City Clerk Coffey presented the staff report.

Councilmember Bigstyck stated he had a two-part question. He went into the interview process expecting to interview for more youth spots on the Library Advisory Committee. He had thought that the committee seats were specific to youth and asked why it was more at-large and if this is a proper venue to solidify those two spots as youth now or if Council needs to do it later, or how

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it works. He then has a part two of the question.

City Clerk Coffey stated that Council adopted a resolution to update the charter of the Library Advisory Committee on June 26, 2023. At that time, Council determined that the Library Advisory Committee would be comprised of 7-9 at-large community members from a broad section of the community which could include youth members. After that update to the Library Advisory Committee Charter, the City initiated recruitments for the at-large members. Council then took action to appoint seven members from the at-large community. Council then directed to do a subsequent recruitment targeted for youth members for the additional up to two at-large positions on the committee. She stated that the first round of recruitments was completed in September 2023 and then the targeted youth recruitment resulted in two youth appointed to the at-large seats, each for a one-year term to expire in October 2024. She stated that there are not designated youth positions on the committee, although two youth were appointed to at-large positions. When it came time for the recruitment this time, although we did some outreach for recruitment to schools which generated youth interest, we did not limit the recruitment only to youth because they are at-large community member positions. That is why there were a mix of applicants that were youth and over the age of 18. She stated that this agenda item does not encompass making changes to that resolution or charter for the composition of the type of positions on the Library Advisory Committee. Council could direct staff to bring that back if they wish to revisit the composition of the types of positions on the Library Advisory Committee. At this time, Council action would be to select, at their discretion, who they choose to appoint up to two applicants.

Councilmember Bigstyck stated, during deliberation, he would favor a discussion around giving that direction to bring the item back to solidify those positions. He stated that part 2 to his question is that five applicants were youth and some indicated that they would be interested in other committee and commissions. He asked, given we have varying youth candidates who are interested in spots that are not just LAC, is it within Council’s purview to appoint youth members to other committees and commissions.

City Clerk Coffey stated that it is her understanding of the other committees and commissions is that no committee or commission currently designates specifically a youth member, but Pacifica Municipal Code Section 2-2.103(b) states that members who are under the age of 18 years at the time of their appointment, provided they are residents of the city, may be appointed to any committee or commission.

Councilmember Bigstyck asked if they would be a fully voting member upon appointment.

City Clerk Coffey stated that was correct.

Mayor Vaterlaus opened public comments and, seeing none, closed public comments.

Councilmember Bigstyck stated he would recommend appointing committee by committee.

Councilmember Boles had a question about the youth, i.e., when we talked about the two positions on the library, it was helpful to have two youth. There are not two youth applicants for other committees and some of those are smaller and that would be too impactful. She asked if Council sees a problem with appointing one youth who is the only voice.

Councilmember Bier stated she does. She would rather have them be in pairs, adding it is more beneficial for them to have another young person with them.

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Councilmember Bigstyck added that even though the various committees/commissions are presumably smaller than LAC.

Councilmember Bier did not think it mattered the size. She asked what Mayor pro Tem Beckmeyer thought about that.

Mayor pro Tem Beckmeyer stated thought it did not seem there was a lot of specific interaction between the two youth members, any more than interaction with other members of the committee or the consultants we were working with.

Councilmember Bier thought that was good.

Mayor pro Tem Beckmeyer asked for City Clerk Coffey’s thoughts.

City Clerk Coffey agrees with her interpretation that the youth members on LAC do not interact with each other any more than they would with other members and consultants. She thinks, for the youth members, they may need some more support from staff and/or other members to invite their opinions at first until they become more comfortable voicing their important perspectives.

Councilmember Bigstyck moved to appoint Debra Johnson and Bonnie Miller to the Emergency Preparedness and Safety Commission, both for a full 4-year term to expire October 2028; seconded by Councilmember Boles.

APPOINTMENTS TO THE EMERGENCY PREPAREDNESS AND SAFETY COMMISSION:

Debra Johnson (full term to expire October 2028)
Bonnie Miller (full term to expire October 2028)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Christine Boles, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
Mayor pro Tem Beckmeyer suggested Council move to the Library Advisory Committee next.

She had some confusion in the process as she thought we had different questions for youth applicants. She also saw the number of youth applicants and recalled that we had assigned a one-year term to these positions when we appointed a year ago and why they became available at this time. She considered them as youth positions. She appreciated the technical explanation that they are at-large positions and wanted to bring the item back. She stated it was an experiment based on recognition that youth voices and input is something that we missed in our endeavors with our library bond in 2016. She stated, after hearing the input and seeing the interaction between the youth members and the rest of the members of LAC, she sees the value of having the youth positions. She agrees, on deliberation and future direction, Council needs to address that before they leave this meeting with regard to the charter for the LAC. She personally favors focusing on youth at this juncture.

Mayor Vaterlaus asked if she was suggesting a full term or a year’s term again.

Mayor pro Tem Beckmeyer was thinking another year, but she would like to hear what everyone

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else thinks. She stated that there were applicants as young as freshman in high school, poised and prepared to serve. She stated that we thought a year because they have too many activities, but she is open to the discussion.

Councilmember Bier also felt that they needed to be the youth seats. She was okay with either one or two years.

Councilmember Bigstyck asked her if she would be in agreement that staff might bring back that minor charter amendment and then solidify that these two seats are youth seats.

Councilmembers Bier and Boles agreed with that.

City Manager Woodhouse recalls from that conversation was that this was a newly formed LAC.

He remembers part of the conversation about whether it should definitely be youth designated or not was we do not know yet until we do the recruitment how many youth are going to be interested, and if specifically designated as youth and we did not get applicants, then we risk the quorum issue, etc. He thought we see now that there is a lot of interest so there might be some creative way in revising the resolution to give priority to youth in case there were no youth applicants in one phase. He stated it is a discussion for when we bring it back.

Councilmember Bigstyck stated that his specific concern was that he wanted to see the one pool of applicants. That is why he is advocating for bringing it back as a slight change so that we have clarity when we have the next recruitment process.

Councilmember Boles asked if the one-year term is something Council could discuss changing.

Councilmember Bigstyck stated that we can discuss how long we are going to appoint the ones at this meeting. Given that one youth reapplied and one who did not, he thinks that it speaks to one year being the right amount.

Councilmember Boles stated that all that interview experience is good for them too.

Councilmember Bigstyck asked if we are in agreement that it should be youth.

There was Council consensus.

Mayor pro Tem Beckmeyer moved to appoint Maya Sinapuelas and Kathleen Renfroe Johnson to the Library Advisory Committee, each for a 1-year term to expire October 2025; seconded by Councilmember Bigstyck.

Councilmember Bigstyck asked the mayor what process she favors.

Mayor Vaterlaus asked that Council go down the line.

Councilmember Boles stated she was going to say Kathleen Johnson and Kairi Chen. She thought Maya Sinapuelas was amazing but she is now no longer in Pacifica’s schools. She is questioning whether that connection is important in these positions.

Mayor pro Tem Beckmeyer did not think she was in Pacifica’s schools last year.

Councilmember Bigstyck stated that there were 3 for Kathleen.

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Councilmember Bier stated amazing adults and young people applied, and she thanked everyone who applied. She would want Maya Sinapuelas to come back as that continuity is important for the committee and for her.

Mayor pro Tem Beckmeyer agreed.

Councilmember Bier originally thought of Selene Manalac but she can go with Kathleen Johnson.

Mayor pro Tem Beckmeyer agreed with Maya Sinapuelas but she can also go with Kathleen Johnson.

APPOINTMENTS TO THE LIBRARY ADVISORY COMMITTEE:

Maya Sinapuelas (1-year term to expire October 2025)
Kathleen Renfroe Johnson (1-year term to expire October 2025) RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Mayor pro Tem
SECONDER: Tygarjas Bigstyck, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
Mayor Vaterlaus stated it was an amazing group of people and she was so happy that Council got to interview everyone. She encouraged them to apply again.

Councilmember Bigstyck stated that, adult or youth, Council had to choose two out of ten. He asked them to apply again.

Mayor Vaterlaus stated to move on to EDC.

Councilmember Bigstyck stated he will ultimately defer to Councilmember Bier’s and Mayor pro Tem Beckmeyer’s experience, and he thought they have opportunities to experiment with youth in other committees and commissions in light of their applications.

Mayor pro Tem Beckmeyer was thinking the same thing. She wanted to double check about the terms.

Councilmember Bigstyck stated four-year terms for EDC.

Mayor pro Tem Beckmeyer stated one is a partial term on OSPAC. She asked the City Clerk if she stated it was to expire May 2028.

City Clerk Coffey agreed it is a May 2028 expiration for OSPAC.

Mayor pro Tem Beckmeyer asked if Council can change that.

City Manager Woodhouse believes we cannot change that as that is a charter, but Council could appoint someone into a four-year term and if they are not interested then they have the option to resign.

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Mayor pro Tem Beckmeyer thanked him for mentioning that.

Councilmember Bier stated that we were not going to give them a longer term on LAC and now we are going to throw them in the EDC.

Councilmember Bigstyck stated it did not occur to him that we have prescribed terms for all the other ones. He feels like it would be wise to include the youth vote and try it. He stated, depending on how it goes, this could be another opportunity to amend the charter to allow for a flexible seat if we find that having youth members works in the committees and commissions.

Councilmember Boles stated that she attended her first EDC meeting not too long ago, and she sees how much each of those numbers are working. She is hesitant to say that a youth member could sustain that kind of involvement. To give them a three-year term and go through alternatives if it is not working out seems awkward.

Mayor pro Tem Beckmeyer stated, in the charter, there is usually for cause for if you do not show up.

City Attorney Kenyon clarified that all appointments are at the discretion of the Council and there are no findings needed but it would have to be an agendized item to remove them from that committee or commission.

Mayor pro Tem Beckmeyer would like to share some perspective with regard to EDC. First, there was a candidate in recent time that Council appointed who brought a fresh perspective with regard to measurement and asking hard questions about whether you know you are doing it without measuring it, and continually bringing the group back to the motion of how do you know if you are accomplishing that or not. She would like to see that continue and she had an interest in including a youth person in this committee. The City just had a business event for youth who are running businesses of their own; the fact that they have businesses is an indicator of an opportunity. One thing that has lingered and brought up for many years has been how much of our environment is our economy and where are there overlaps between environmental and outdoor and recreational interests and economy in Pacifica. She thought, from that point of view, Lawrence Niemeyer could be part of EDC. She was thinking about Edward Ochi, Lawrence Niemeyer, and Kairi Chen.

Councilmember Boles thought Kairi Chen took her name off.

Councilmember Bigstyck thought that was Luke Sun.

Councilmember Bier stated Luke Sun made it clear that he was not interested in it.

Mayor pro Tem Beckmeyer stated she crossed out Luke Sun and she thought Kairi Chen was still interested.

Councilmember Bigstyck stated, when they interviewed him, he specifically seemed to be interested in Economic Development.

City Clerk Coffey stated that the only candidate that she is aware of that specifically marked EDC mistakenly was Luke Sun. He was removed from this applicant list.

Councilmember Bier stated in her notes Kairi Chen is interested in EDC.

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Councilmember Bigstyck stated, regarding Councilmember Boles’ earlier points, the best way to do it is not to have to agendize it to remove somebody. Anecdotally he has been in at least once instance as a liaison to a committee or commission where a member was encouraged to utilize their talents in a different fashion in a successful manner and it never made its way to the Council dais.

Councilmember Bier stated that we have not had this conversation with EDC about youth members and she thinks it would be important for City Manager to talk the staff member who is overseeing EDC to prepare the youth member to come and what it could look like and how to care for a youth member in an environment like economic development.

Mayor Vaterlaus asked if we could appoint one person tonight and not appoint the youth members now until we have done a little bit more searching with the committee.

Councilmember Bigstyck asked if that would automatically trigger a new recruitment phase.

City Attorney Kenyon stated she would say no if we are continuing the item. She asked Council how long they are continuing it, i.e., to start a new recruitment or continuing to have more discussion on the candidates.

Mayor Vaterlaus stated to continue it for additional discussion on the candidates to discuss with the committee to see if this would be a proper fit for this committee.

Councilmember Boles stated that it is not something they brought up in the EDC charter review that they wanted either.

Councilmember Bier stated it is not up to them if they want it or not.

Councilmember Boles understood it’s up to Council to make the choice and how it would work and mentioned they had not had the conversation with EDC.

Councilmember Bier thought it would be a good opportunity.

Councilmember Bigstyck agreed, and he would be inclined to vote on it tonight.

City Manager Woodhouse stated that he and City Clerk Coffey were recalling when we had the EDC joint study session and the charter discussion and they did talk about youth membership.

He thought it was individual comments that were not supportive of that but he did not know if that was the whole perspective; in the end, they did not specify youth positions.

City Clerk Coffey recalls from the study session that it was discussed and because it was pointed out that the Municipal Code would allow for youth to be appointed without it being a designated youth position, they chose not to go forward with designating a specific youth position.

Councilmember Bigstyck certainly favors trying it on and seeing how it fits. He has interest in youth being involved in all aspects of the city and we have an opportunity and an interested party who seemed optimistic about it.

Mayor Vaterlaus asked how many members are on the EDC.

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City Clerk Coffey stated EDC is a nine at-large member committee and one position that is designated as the Chamber of Commerce appointed member.

Councilmember Boles stated she is not opposed to appointing a youth to the committee, but she worries about the three-year terms.

Councilmember Bigstyck stated if Council should find that it is working that would be a great trigger to re-invite the charter in to make that minor change to their charter, as Council is giving direction tonight for LAC to come back so they can solidify the youth seat on LAC.

Councilmember Boles wanted to ask about Paige Miller because she does not think we have anyone who represents small storefront businesses now and that seems like something that could be useful on this committee, but she defers to the rest of Council. She stated that, at the meeting that she attended, Paige Miller was there as a member of the audience and she gets the feeling he has been coming for awhile.

Mayor pro Tem Beckmeyer stated that he has come to a couple of meetings. She stated that we have Matt Dougherty from Mazzetti’s and L.J., a financial analyst who was engaged with the youth at the Youth Business Fair. She understands that is a good point.

Councilmember Bigstyck stated youth is an opportunity he does not want to miss. It sounds like Edward Ochi has recently joined on and Council would like to see which direction that goes.

The point was well-taken around ecology informing economy and where that could go. It sounds like the description leads him to suspect that it is now starting to help the group figure out how to take into account data and metrics. He thinks that, while he has been hearing ecology in terms of economy for a while, that would be an interesting nut to crack in terms of metrics. He thinks it would be helpful to have a strongly economic-minded person on the board accordingly. He made the motion to appoint Ed Ochi, Kairi Chen, and Lawrence Niemeyer to the Economic Development Committee, all three for 4-year terms to expire in October 2028; seconded by Mayor pro Tem Beckmeyer.

Councilmember Bier appreciates bringing up Lawrence Niemeyer because he applied over and over again. It is hard when we have so many good people coming up. She encourages people to reapply.

APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMITTEE:

Ed Ochi (full term to expire October 2028)
Kairi Chen (full term to expire October 2028)
Lawrence Niemeyer (full term to expire October 2028)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles
Councilmember Bigstyck stated he has a theme tonight and he would like to continue with appointing a youth voice to OSPAC. He cannot think of a more important time for youth to be involved in the work of protecting our open space. He moved to appoint Jaime Wong to the Open Space & Parkland Advisory Committee for a partial term to expire May 2028; seconded by

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Councilmember Boles.

Councilmember Bier thought this was wonderful and she thanked them.

APPOINTMENT TO THE OPEN SPACE AND PARKLAND ADVISORY COMMITTEE:

Jaime Wong (partial term to expire May 2028)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Christine Boles, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles

ADJOURN
Mayor Vaterlaus adjourned the meeting at 10:26 p.m.

Transcribed by Barbara Medina, Public Meeting Stenographer.

Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Sue Vaterlaus, Mayor

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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.

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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.

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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

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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

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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

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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.

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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.

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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

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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

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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
__________________________
Sue Vaterlaus, Mayor

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Attachment: Attachment C: Minutes of 11-12-2024 Special and Regular Meeting (5808 : Approval of Minutes)

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 Special Meeting 1 November 18, 2024

SPECIAL MEETING
November 18, 2024 (MONDAY)
www.cityofpacifica.org
Mayor Sue Vaterlaus called the meeting to order on November 18, 2024 at 6:03 PM 6:00 PM - OPEN SESSION
Call to Order
Mayor Vaterlaus called the meeting to order at 6:03 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; Michelle Kenyon, City Attorney; Kavitha Kumar, Interim Community Development Director; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.

Reading of Land Acknowledgment
Mayor Vaterlaus read the Land Acknowledgment.

Salute to the Flag led by Councilmember Bigstyck

CONSENT CALENDAR
Mayor Vaterlaus asked if anyone wanted to pull an item from the Consent Calendar. Seeing none, she opened public comment. Seeing none, she closed public comment.

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Attachment: Attachment D: Minutes of 11-18-2024 Special Meeting (5808 : Approval of Minutes) City Council Special Meeting 2 November 18, 2024
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Boles, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles

1. Consideration of a Resolution: 1) Denying Appeals of Baylands Soil Pacifica LLC and Dan Stegink, of the Planning Commission’s Effective Denial of Various Actions to Approve the Rockaway Quarry Reclamation Plan; and 2) Denying the Rezoning RZ-210- 22, Development Plan DP-86-22, Specific Plan SP-179-22, Quarry Use Permit UP-71- 16, Variance PV-531-22, and Tree Permit TP-1-22 (File No. 2016-001) (APN 018-150- 120 and 018-150-150) CEQA: Exempt under CEQA Guidelines Section 15270 (Denial of a project)
PROPOSED ACTION: Adopt a Resolution: 1) Denying the Appeals by Baylands Soil Pacifica LLC and Dan Stegink, of the Planning Commission’s Effective Denial of Various Actions to Approve the Rockaway Quarry Reclamation Plan; and 2) Denying Rezoning RZ-210-22, Development Plan DP-86-22, Specific Plan SP‐179‐22, Quarry Use Permit UP‐71‐16, Variance PV‐531‐22, and Tree Permit TP‐1‐22 (File No. 2016‐001).

2. FY 2024-25 Budget Amendment to increase the legal budget by allocating additional funds from the unassigned General Fund
PROPOSED ACTION: Approve the FY 2024-25 Budget Amendment, allocating additional funds of $150,000 and appropriating an existing assigned legal reserve of $100,000 to cover legal expenses related to the potential appeal of the denial of the Rockaway Quarry Reclamation Plan project.

ADJOURN
Mayor Vaterlaus adjourned the meeting at 6:07 PM.

Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Sue Vaterlaus, Mayor

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Attachment: Attachment D: Minutes of 11-18-2024 Special Meeting (5808 : Approval of Minutes)

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 25, 2024

REGULAR AND SPECIAL MEETING
November 25, 2024 (MONDAY)
www.cityofpacifica.org
Mayor Sue Vaterlaus called the meeting to order on November 25, 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 Attorney.
00b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Pursuant to Government Code Section 54956.8. Property: 1050 Crespi Drive, Pacifica (also known as the Pacifica Cultural Arts Center and Spindrift Theater). Agency negotiator: Kevin Woodhouse, City Manager. Negotiating parties: City of Pacifica and Pacifica Spindrift Players. Under negotiation: Lease price and terms of payment.
00c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Pursuant to Government Code section 54956.8. Property: 1220 C Linda Mar Boulevard, Pacifica (APN 023-281-130).

Agency negotiator: Kevin Woodhouse, City Manager. Negotiating parties: City of Pacifica and Stephen Johnson Photography. Under negotiation: Price and terms of payment of lease. 7:00 PM OPEN SESSION
Call to Order
Mayor Vaterlaus reconvened the meeting at 7:00 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.

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Attachment: Attachment E: Minutes of 11-25-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 2 November 25, 2024
Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Denise Bazzano, Asst. City Attorney (Closed Session only); Yulia Carter, Asst. City Manager; Maria Sarasua, Police Chief; Scott Leslie, PB&R Director; John Mullins, Interim PW Director; Louis Sun, PW Dep. Director-Wastewater Div.; Daniel Patten, Wastewater Engineering Manager; Roland Yip, PW Deputy Director (Field Services/Engineering); Tara Schiff, Economic Development Manager; Sarah Coffey, City Clerk, Emily La, Dep. City Clerk.

Reading of Land Acknowledgment
Mayor Vaterlaus read the Land Acknowledgment.

Salute to the Flag led by Councilmember Boles
Closed Session Report
City Manager Woodhouse stated there was no reportable action.

SPECIAL PRESENTATIONS
A. Proclamation - Congresswoman Anna G. Eshoo
Mayor Vaterlaus read a proclamation honoring Congresswoman Eshoo’s time in public service.

Congresswoman Eshoo thanked her expressed her appreciation to the entire Council for this beautiful proclamation and acknowledged City Manager Woodhouse and City Clerk Coffey.

She then referred to her first public office as a supervisor in San Mateo County which shaped her, especially legislatively, and was a gift leading to Congress. She stated it has been her lifetime honor to represent Pacifica who opened their arms like no other community and the work they did together will remain with her the rest of her life. She referred to commuting across the country every week to be with her constituents which she thinks is necessary to spend time with them and hear firsthand what people’s hopes and aspirations are and what is working, even though the legislative work is done in Washington, D.C. She stated she has had a beautiful partnership with Pacificans and thanks them for their warm welcome and embrace and she wishes each one of Council every success. She closed on the note that they are weeks from the election and there are some who are happy and others who are very sad. She stated that her perspective is that this chamber is where the seeds of democracy are planted when we have strong communities with a healthy civic life, and Council helps bring that community together through work and civic organizations. She stated that none of us will give up on democracy.

Mayor pro Tem Beckmeyer thanked Congresswoman Eshoo for her leadership by example and her patience. She stated that Council will miss her but it was great knowing that she always has our back.

Congresswoman Eshoo stated that we will always have her as she is coming home and staying home.

Mayor pro Tem Beckmeyer added that she is always welcome.

Councilmember Bigstyck stated he has known Congresswoman Eshoo for two years and, after that, it feels like he may have known her forever. He stated that each interaction with her is so

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very true and honest and straightforward. He thanks her for that as well as for reminding them on how blessed we are to have our City Manager. He mentioned the opportunity to take her on a tour of our coastline and show her our needs and he hopes we will leverage the relationship she had with the Army Corps of Engineers. He stated that she has not only helped Council be better at their jobs, but reminded them of the depth of our humanity as it is clear the depth of her humanity is what she brought to this job including the county as well as Congress.

Councilmember Boles referred to her 42 years, which was a magic number in The Hitchhiker’s Guide to the Galaxy. She thanked Congresswoman Eshoo for her service, dedication to our community, the Bay Area, State of California, and democracy in a world where it is threatened, even more so now. She stated that, having won so many re-elections, it is clear that she is listening to her community, and her commute has paid off as she feels she has always represented us all. She looked at many of the issues she dealt with over those decades and there is nothing she disagrees with and she thanked her. She referred to her active work on airplane noise with the FAA with former Congresswoman Jackie Speier, and she thanked her for that as it impacts our community. She saw her nuclear fusion research, which is a promising field to move to being sustainable in our electric energy sources. She referred to her attention to the vulnerable people in our communities and country. She thanked her for being an example and light to show the way to a humanity that we should be in caring for each other.

Councilmember Bier stated that Congresswoman Eshoo is a lovely soul and she appreciated so much about her. She wants our community to understand that she has been with Pacifica for two years and referred to the list of things she has been able to do and the resources she has brought to us and she thanked her for that. She stated that, at the Democrats meeting, Congresswoman Eshoo mentioned that she was welcomed with open arms, but Councilmember Bier feels like she did that for her personally and felt that it made her feel seen, and for a local elected to be seen by someone like her was a beautiful moment. She stated that Congresswoman Eshoo has shown that, through their relationships, we can work together and it brings us hope and will push through the fear and brings hope to get things done.

Mayor Vaterlaus stated she has probably known Congresswoman Eshoo for the longest, as they used to go to Washington, D.C., and meet her in her office and she was the most gracious, happy, and appreciative of all they did. She loved to meet her there in her office, and even when she was not representing Pacifica she worked together with former Congresswoman Jackie Speier to help Pacifica. She felt like she was just talking to a friend and appreciated her so much and will always appreciate her.

There were no public comments.

Mayor Vaterlaus called for a break and then reconvened the meeting.

B. Proclamation - Shop Small Business Saturday
Mayor Vaterlaus read a proclamation in recognition of Shop Small Business Saturday on November 30.

Economic Development Manager Schiff was pleased to be present for the proclamation. She stated that Pacifica is continuing to support our small businesses this holiday season. She stated that Small Business Saturday originated in 2010 and generates billions of dollars for our small businesses and is an important of small businesses busiest shopping season. In Pacifica, we are emphasizing the “shop” in the proclamation to encourage our community to shop local

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during the holiday season and all year long. She then introduced two members of the Seaside Merchants Association, Jennifer Christiansen and Caitlyn Cuadra.

Ms. Cuadra stated that they are grateful for this recognition and they wanted to extend a challenge to the community to shop small. She stated that it was a very intentional act and this Saturday the streets will be filled with all kinds of activities with special pop-up markets, etc.

Mayor pro Tem Beckmeyer commended them in their fine work on behalf of the city but, as individuals, they are very inspirational and she is fortunate to see them every month at the Economic Development Committee meeting. She thanked them for their leadership.

Councilmember Bier echoed that, adding that they bring some energy with them that is contagious, and she notices that when she was at the Economic Development Committee meetings and on Second Saturdays also.

Councilmember Boles thought it was beautiful that they created the Seaside Merchants Association as it is about how they work together, know each other, and build a livelier area where more people want to come. She stated it seems that all of the businesses benefit from that collaboration. She hopes we can see that inspiration spread to other parts of the city.

Councilmember Bigstyck stated that he has the opportunity to explore the local businesses and discover something new which is a charming experience. He thanked them for all they do and he also encouraged our community to shop small.

Mayor Vaterlaus echoes all the other councilmembers’ comments regarding starting up this group because it is necessary for them to get together. She thanked them very much.

There were no public comments.

C. Presentation - Sibling Cities USA Program (Vicki Veenker) Mayor Vaterlaus stated that next is a presentation from Sibling Cities USA Program and Vicki Veenker, Palo Alto Councilmember and Founder of the Sibling Cities USA Program, will give a presentation about this organization.

Sibling Cities USA Chief Executive Officer Veenker stated that she was present, not as a councilmember, but to accept Council’s invitation to tell them about the non-profit Sibling Cities USA, for which she is the founder and CEO. She gave a presentation showing what they were able to accomplish in Palo Alto with their sibling city of Bloomington, Indiana, mentioning all the individuals, non-profits, and federal, state, and city officials, who have been involved in this program to build relationships with our fellow humans in our cities, states, nation, and around the world.

Councilmember Bigstyck appreciated Chief Executive Officer Veenker for being here at this meeting. He knows her through the work on the Peninsula Division for CalCities. He stated that he had an opportunity to attend one of these meetings in Palo Alto and has been asking for time for this presentation. He stated that his interest, since on the dais as well as before, is civility and how we speak to each other as a community, communicate regionally and beyond; given the tone and tenor of national discourse, it seems like a poignant moment for a good idea such as this for Pacifica and hopefully deepen her work. He stated that Pacifica often regards themselves as having a small budget, small staff and short on time. He asked how she might

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Attachment: Attachment E: Minutes of 11-25-2024 Special and Regular Meeting (5808 : Approval of Minutes) City Council Regular Meeting 5 November 25, 2024
respond to the concern that our resources are limited to take on extracurricular activities.

Chief Executive Officer Veenker stated that this has been mainly community-driven. Staff has had a relatively small role and, when they have had a role, they have reported back to her some very positive experiences, engaging and learning from counterparts. She stated that, when they would take the community leaders in both cities together and have monthly joint steering committees. They have also had delegation trips and shared positive experiences between department heads and City Managers. She stated that staff have helped them and played a role, but it has not been an event planning role, etc., and in terms of resources, it has been a relatively light lift that has also paid them back. She stated that, with communications, they will put them in emails going out to the community but that is more content for our community and more things they can offer to the community. In terms of expenses, Palo Alto has managers for their sister cities relationships and there is a budget set aside for all eight sister cities of about $35,000, a few thousand of which helps with the administrative costs because of technology, etc.

Councilmember Bier stated it was lovely to hear from her and she thanked her for coming. She thinks the energy Chief Executive Officer Veenker brought here shows how much she enjoys this. She stated that we have a sister city in Catalonia, Spain and she was curious about how that could play a part in our conversations. She thanked her for her presentation so they can have these conversations.

Councilmember Boles stated that she loves the idea. She thanked Councilmember Bigstyck for inviting Chief Executive Officer Veenker and thanked her for speaking. She also worries about our capacity, not just staff but also Council, and she has been thinking about what other community groups might be interested and building it slowly from the ground up to find that capacity. She stated Sibling Cities USA is a non-profit now, and she wondered if there were resources in learning from experience and tools that might be able to be applied to other city partnerships.

Chief Executive Officer Veenker stated that it is not necessarily councilmember responsibility.

She happens to be a councilmember, but when this started, she was not on Council. She stated that part of it is finding whether there is interest in the community and who might lead that. She stated that other things she is doing in parallel with trying to expand it to fundraise so they can get more infrastructure, but regardless of that, they have a small committee putting together a tool kit that will show them templates for emails they used, marketing materials, the agendas for different town halls, etc. They are very cognizant that they need to make it easy for cities to join.

Mayor Vaterlaus thought they can take it up with some of our community groups.

Chief Executive Officer Veenker added that, if any community groups want to talk to any of their community groups about it, she was happy to make any introductions that are helpful. She thanked them for having her here.

Mayor Vaterlaus thanked her for being here.

D. Presentation – San Mateo County Libraries (SMCL) Annual Report 2023-24 Julie Smith, Manager of the Pacifica Libraries, stated that Senior Librarian Julia Wright is with her tonight and stated that they are pleased to share the library’s annual report of fiscal year

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2023-2024.

Senior Librarian Wright stated that San Mateo County Libraries is proud to offer services since first established as a county free library in 1912 with this year marking the 25th anniversary of the JPA. She shared some of the statistics connected with the growth in the programs they offered to everyone in San Mateo County, including some specific to Pacifica’s libraries.

Library Manager Smith stated libraries uplift our communities and, in turn, communities work to uplift their libraries. She took them through some of their standout accomplishments last year in San Mateo County with a high approval rating in surveys that were taken. She mentioned the various programs they have throughout the county and the many volunteers and groups have provided critical support in working with staff to help them provide so many services. She referred to many accomplishments, such as the first 24/7 Library Outpost in Pacifica, as well as future goals and endeavors. She thanked Council for giving them the chance to share some of their most exciting accomplishments and appreciate the strong support of the city.

Councilmember Boles stated that she has only been on Council two years but she is blown away by their presentations and all the services they offer. She stated how lucky we are and that it was exciting that there were 36% more events compared to last year. She was excited and proud that our Outpost is the first one in the county. She thought other cities might learn from that and expand their services in a more cost-effective way. She thanked them for all their energy and joy they bring to us and our community.

Councilmember Bier is happy they are here, and she thanked them for participating in the Pacifica Collaborative. She stated that we look forward to doing work in the City around the libraries with the Library Advisory Committee.

Councilmember Bigstyck stated he was honored to have been on the Board for the last couple of years, deepening his understanding of all the resources the library can offer as a modern library. He stated to any community member listening that we have so much potential waiting for us in our library, should the community choose to replace and rebuild it.

Mayor pro Tem Beckmeyer stated it was always very exciting for her to see Julie Smith, her former colleague from Pacifica School District and fellow alumnae from San Jose State Master of Library Science School, and she thought it was great seeing Julia Wright also. She shared how much she loves the Outpost. She is grateful for the partnership they have with our schools.

She thanked them from the bottom of her heart for all they do, especially for being warriors and good sports about the facilities within which they do their work. Council knows how it feels to see staff work in an appropriate place for them to do their best professional work. She looked forward to the day to have that opportunity for them.

Mayor Vaterlaus thanked them for being present at this meeting. She went to the opening of the Outpost and she may visit the libraries when she is not on Council. She thanked them for planning to come to the Tree Lighting on December 1 with the Bookmobile.

Mayor Vaterlaus opened public comments.

Tina Wehrmeister, Pacifica, stated she is a member of the Library Advisory Committee, but she is speaking as an individual at this time. She thanked the San Mateo Libraries for their incredible service to our community, sharing her thoughts that while Pacifica is not lacking in dedicated and caring library staff that provide exceptional service, we are lacking in modern

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facilities that are sized to serve our community as per-capita our library space is 60% smaller than other cities in San Mateo County and shared suggestions to modernize Pacifica library facilities and engage with the Library Advisory Committee. She invited people to visit the website at PacificaLibraryProject.com for more information.

Mayor Vaterlaus closed public comments.

CONSENT CALENDAR
Mayor Vaterlaus asked if any councilmember wanted to pull an item. There were no public comments.

Councilmember Bigstyck stated he had a comment on Item 3. He stated he is happy we are at the finish line.

Mayor Vaterlaus stated that the Anza Pump Station worked properly in our storms and that was a big positive.

Councilmember Boles had a question on Item 3. She concluded it was about approving some extra costs for the Anza Pump Station and it talked about the insurance settlement, on packet page 63, where it says the total cost less the insurance deductibles as $5.7 million, but the report mentions that the insurance is not paying for what they see as upgrades that are beyond the replacement which was 30% or approximately $1.7 million. She knows the full accounting is coming later, but she wondered what fund that comes out of as the Anza Pump Station is storm water, not sewer. She asked if that money comes from the sewer fund or the General Fund and asked if that is something that is in the budget now or will be addressed later.

PW Dep. Director Sun stated that staff are still negotiating with the insurance company and it is projected that the insurance company will cover about 70% of the cost and the remaining 30% are costs that are considered to be upgrade. Regarding funding, this is a storm water pump station and it does not use sewer funds, but staff are working with the budget and looking at ways of coming up with storm water funding to pay for the costs. He stated that PW Interim Director Mullins is working on this as well and, during the budget season, we hope to come up with alternative source to look into to provide. He added that there is still some remaining money left from the EQ Basin project that was not used, so that is a potential resource.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles

1. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes for the October 28, 2024 City Council Special and Regular Meeting.

2. Move to adopt Resolution Terminating Proclamation of Local Emergency at the Anza Pump Station at Pacifica State Beach issued on April 8, 2020.

PROPOSED ACTION: Move to Adopt Resolution Terminating Proclamation of Local Emergency (Attachment 1) at the Anza Pump Station at Pacifica State Beach on April 8, 2020.

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3. Move to adopt Resolution to Approve Additional Budget Authorization for Anza Pump Station Project for Substantial Completion
PROPOSED ACTION: Move to adopt Resolution for:

A. Adopt a Resolution to Increase the Anza Pump Station Repair Project construction contingency budget by $133,355.75 (5.5%) to the total contingency of $938,652.46 (40.5%), bringing the total construction authority to $3,265,966.75; and Authorize the City Manager to execute the close-out change order for the project.

B. Adopt a Resolution to Increase the Anza Pump Station Repair Project engineering services during construction (ESDC) contingency budget by $55,896 (53%) to the total contingency of (85%), bringing the total ESDC authority to $195,526; and Authorize the City Manager to execute the close-out change order for the project.

4. Approve new job classifications for Senior Human Resources Analyst and Senior Building Maintenance Specialist positions, and add them to the classification plan to be recognized as part of the Confidential Group and Teamsters Miscellaneous 856 Unit, respectively.

PROPOSED ACTION: Adopt a resolution approving a new Senior Human Resources Analyst and Senior Building Maintenance Specialist classifications, and authorize the City Manager or his designee to execute a side letter to recognize the Senior Building Maintenance Specialist Classification by the Teamsters Miscellaneous 856 Unit.

5. Reject all bids for the Playground Equipment Improvement Project (aka FY24-25 Priority Parks Project)
PROPOSED ACTION:

Reject all bids for the Playground Equipment Improvement Project (aka FY24-25 Priority Parks Project).

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
There were no public comments.

COUNCIL COMMUNICATIONS
Councilmember Bigstyck thanked Public Works in light of the storm and knows how much work has gone in on the front end to ensure we have better results during these events. He also thanked North Coast County Water District for taking care of our city. He was at Council of Cities where they did a demonstration of their drones or unmanned aerial systems; County Executive Mike Callagy also talked to them at the State of the County and the in-lieu vehicle license fee. He referred to the CCAG update, stating he arrived late to the OSPAC meeting because his LAFCo meeting went late. He cast a vote regarding Pescadero’s water issues at their school and they have to build a big water line connected to a new fire station in Pescadero.

He stated that the Oddstad groundbreaking was huge and now it will be serving our faculty in Pacifica. He attended a couple of days of the Coastal Commission meeting when it was in San Francisco and it was amazing to see the breadth of what Coastal Commission is working on and to hear their deliberations. He had a Peninsula Clean Energy meeting where they put an energy risk management policy into place. He referred to member agency grants, and he was honored to sit on the subcommittee that worked on excess money and where to distribute them.

He stated a part of that translated into specific money set aside for each member city and grant opportunities for our various projects. He advocated strongly for the GovPE or GovPB

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photovoltaic projects that translates into the solar paneling on the Community Center. He stated that the City can tap on his shoulder until they find that project and allocate those funds as it will be available to Pacifica until June 2025.

Mayor pro Tem Beckmeyer stated that the Coastal Commission meeting that she and Councilmember Bigstyck attended on November 14 was enlightening because the big project they were approving was the Ocean Beach Sea Wall Project, which reminded her of the issues we have in Pacifica with regard to wastewater infrastructure, the need for armoring, and the challenges we have with erosion. The reality is that we have the infrastructure that we have and we need to take steps and look at the economic issues of protect and potentially relocate versus not protect and what are the costs that ensue from that. She saw the Commission struggle with those issues. She stated it is interesting to see so many of the issues we deal with in our town and how related issues play out because so many projects that need approval are in the coastal zone and she continues to learn more about how different jurisdictions work with the Coastal Commission and how the different division offices and their staff works. She stated that the Library Advisory Committee is ramping up and they welcomed one of their youth members. She also sat in for Councilmember Bigstyck for OSPAC and welcomed the new student who was appointed to OSPAC. She had a meeting with Chuck Gust about parking in Rockaway and she wanted to talk with the City Manager and PW about what might be doable. She attended the Council of Cities and was glad to make that.

Councilmember Bier was curious about staff’s response to the youth member in OSPAC. She asked if they noticed and she thought it would be one of staff’s roles to help them assimilate.

Mayor pro Tem Beckmeyer was at the Resource Management Climate Protection meeting and did not see the beginning of OSPAC. She stated that Committee Member Arlene Patton was kind and welcoming.

City Manager Woodhouse added that the staff liaison, James Lin from Community Development, did an onboarding with the new member prior to the meeting. He stated that it is a big thing to first experience and he was sure the reality of it might have been overwhelming.

Mayor pro Tem Beckmeyer stated Sarah did the same onboarding with the LAC.

City Clerk Coffey stated that, at the Library Advisory Committee, Kathleen Renfroe Johnson was the new youth appointee. Just before the meeting, she did some one-on-one onboarding with her to welcome her into the group, but for a youth member, it may be a little overwhelming. She stated that, at the Library Advisory Committee, it helped to have another youth member that is returning, and she thinks those two youth members were able to bond at that first meeting.

Councilmember Bier stated she went to San Mateo County Leadership CORPS training and she is taking it all in and doing as much as she can. They talked about AI and how they are incorporating AI into all the different agencies and people’s reactions to it. She stated that they have another training on December 6, close together like an assimilation training. She went to the groundbreaking for the Pacifica School District, and she thanked former Councilmember Mike O’Neill for doing all the work over the years and all the members of the board at the School District. She attended the Age-Friendly Coalition meeting. She was at the Pacifica Democrats meeting and Congresswoman Anna Eshoo was there. She went to the volunteer lunch with Mayor pro Tem Beckmeyer for HOPE (Healing, Overdose and Prevention Education), a new non-profit in town looking at opioid overdose awareness, and she wanted to thank all the members of HOPE who are doing a fantastic job. She stated that they have been coming with

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her to the high school presentations when talking about opioids and it is nice to have to them on board in that way too. She met with some constituents in Vallemar and there was an opioid focus group that happened the same night as the North Coast County Water District meeting and she logged onto the meeting and did her best to participate.

Councilmember Boles stated that the Pacifica School District’s groundbreaking was wonderful and it was so exciting to see an affordable housing project getting underway in Pacifica and realizing how long these projects take. She stated that they had the two-day NOAA training, and she thanked Mayor pro Tem Beckmeyer for joining her and Matt and helping with the breakout room.

Mayor pro Tem Beckmeyer thanked her for her work to coordinate with Cindy Abbott and Nancy Tierney. They did a great job.

Councilmember Boles thanked her and thanked City Manager Woodhouse for encouraging and inviting staff to attend. She stated it was the importance of public engagement, even starting with understanding the vulnerabilities. She stated that they have a waitlist of about 15 people for the next training and Councilmember Bier is on it. She was at the Emergency Preparedness and Safety Commission meeting, where they elected a new chair; she was grateful for Gregor Blackburn and his years of experience of working for FEMA and how important that is as we look at their coastal issues. She had a Commute.org meeting and they had a presentation from a Foster City company called Zoox that are coming up with a driverless taxi with four seats that face each other and sliding doors instead of swinging doors. She also shared that Commute.org has a new app coming out in January called Commute Star. There will be a Transportation Demand Management (TDM) workshop for JPA cities on February 25, and they are hoping they get representation from all the cities so Planning, Public Works, climate action, etc., to be a part of that. She has been meeting on and off with the Linda Mar Water Quality Coalition and the water bacteria levels was bad after the rain and she reminded everyone to check that before they go swimming or surfing. She stated that, from the League of California Cities, one statistic mentioned about interim housing that was troubling to her was that there is a waitlist of 37 people on the coast for interim housing and a big need for families, but the rest of the county only has a wait list of about 27. She thinks that is where we all need to advocate for more care because there is a real need. She listened to the PCE meeting where they said nice things about Councilmember Bigstyck and how he will be missed.

Councilmember Bier mentioned that a group of them saw a cool band.

Mayor Vaterlaus stated several of them went to see their City Manager play drums in a band and that was extremely special and an enjoyable time. She stated that she attended Oddstad, CCAG’s regular meeting and legislative meeting, and the Pacifica Democrats meeting where Congresswoman Eshoo was present. She stated that information from Council of Cities about 37 people waitlisted on the coast was concerning and she always asked what about the coast.

She served Senior Thanksgiving dinner along with three firefighters. She stated she will have to go there more often as a senior herself
Mayor pro Tem Beckmeyer stated shared that Thursday, December 19, is the Senior Luncheon at the Community Center for the holiday.

Mayor Vaterlaus shared that the tree lighting at Rockaway Beach is December 1.

Mayor pro Tem Beckmeyer added that Polar Palooza is on December 6.

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Mayor Vaterlaus stated that elf markets are on both days after that.

STAFF COMMUNICATIONS
City Manager Woodhouse expressed his thanks and appreciation to our first responding departments during storms, i.e., Public Works, Police and Fire, as on Friday, we had a significant downpour as part of that storm and staff were out and active. He stated that there will be a special meeting on December 5, where Council will talk about short-term rentals and Coastal Commission staff questions on a few points, not the entire program. He stated that, on December 9, it is Council’s reorganization formal meeting. He also shared that two new key employees to the City were announced in recent press releases: Finance and Administrative Services Director Marisol Gómez and Community Development Department Director Samantha Updegrave. They fill two key department director positions for the City and we were thankful for the outcomes of those recruitments and excited to bring them on board. He looks forward to introducing them to everyone, i.e., Council, public, etc.

PUBLIC HEARINGS - NONE.

CONSIDERATION

6. Recology of the Coast’s application for rate increase for 2025 and Consideration of Proposed Third Amendment to Agreement with Recology for Recyclable Materials, Organic Materials, and Solid Waste Collection Services
PROPOSED ACTION:

Move to Adopt a Resolution that:

1. Confirms the Recology of the Coast’s (“Recology”) 2025 Rate Application for a rate increase of 5.09% is accurate and consistent with the annual rate adjustment procedures specified in the agreement with Recology for Recyclable Materials, Organic Materials, and Solid Waste Collection Services (“Agreement”);

2. Approves a Third Amendment to the Agreement with Recology of the Coast to revise section 5.5.02.D.5 of the Agreement to provide grit and screenings disposal services for the Calera Creek Water Recycling Plant and to revise Section 6.01.A, “Designated Disposal Facilities” and Attachment A of the Agreement to revise the location of the organic material disposal facility and authorizing the City Manager to execute the Third Amendment; and

3. Finding the confirmation of the rate increase and the approval of the Third Amendment to the Franchise Agreement exempt under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15061(b)(3) and 15308.

Interim PW Director Mullins stated he is joined by Rick Simonson, HF&H financial consultant, and in the audience, Glen Bongi, Recology General Manager. He presented the staff report.

Councilmember Boles thanked Interim PW Director Mullins for the presentation and Consultant Simonson for reviewing it financially. She was curious about Half Moon Bay Ox Mountain, asking if that site is looking to change any of their operations in the future.

Recology General Manager Bongi stated that they met with Ox Mountain last year and they are open to exploring organics recycling and processing at the site but it will be many years in the future. They are looking into doing it and creating a viable business there.

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Interim PW Director Mullins thought the challenge we have with Ox Mountain is they could do organics but not sort separation. He did not believe the facility was planning this in the future at this point.

Councilmember Bigstyck stated, with the advent of SB 54, did they think Ox Mountain and beyond will be looking at a more proactively update on how they process things.

Recology General Manager Bongi stated he does not know.

Mayor pro Tem Beckmeyer referred to the change with the organics and asked if what the operational change will be for drivers and trucks and how will it be different now on implementing this change, not going to Ox Mountain with certain material and instead going to San Bruno.

Recology General Manager Bongi stated that Recology has been doing it for about 1 ½ years now. They have one commercial truck that takes up all the restaurants in the City and transport it to the South Bay Waste Management Authority in San Mateo and San Carlos. They have four residential vehicles and they all transport material to the San Bruno Transfer Station and San Bruno backhauls down to South Gellert Organic which is in Pacifica’s area.

Councilmember Boles asked what the grit is. She knows there is dumping of the solid sewage waste also that can go to certain places for reuse, but she does not know if that is the same.

Interim PW Director Mullins stated that the solid waste depends on the flows but, typically, two times a week. Prior to 2015, that was the procedure and in 2015 Pacifica purchased their own vehicle and was transporting the materials themselves. He stated, with increased fuel costs, labor costs, and the truck maintenance costs, they have increased each year and, working with Recology, the rates they received for Recology to do that transporting has been reduced. He stated that it is more economical for us to move forward with that. He stated that it is an operational change as well as improvements.

PW Dep. Director Sun added that grit is inorganic material that staff collect at the pump station, such as sand, egg shells, etc. that is very fine and collected through the sewer collection system that is picked up at the pump station and transferred back to the Calera Creek Water Recycling Plant to put in the van for hauling to the landfill.

Councilmember Boles concluded it is completely separate from the solid sewage waste.

PW Dep. Director Sun responded affirmatively.

There were no public comments.

Councilmember Boles moved to Adopt the Resolution; seconded by Mayor pro Tem Beckmeyer.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Boles, Councilmember
SECONDER: Sue Beckmeyer, Mayor pro Tem
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles

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7. Consideration and Adoption of Resolution Approving a Third Amendment to Restated Employment Agreement between the City of Pacifica and Kevin Woodhouse as City Manager
PROPOSED ACTION: Move to adopt Resolution approving the Third Amendment to Restated Employment Agreement between the City of Pacifica and Kevin Woodhouse.

City Attorney Kenyon presented the staff report.

There were no public comments.

Mayor pro Tem Beckmeyer thanked City Manager Woodhouse for his service to Pacifica as we are fortunate to have someone of his caliber and we appreciate his recognition of our challenging financial picture. She wished the City could make a greater contribution to his compensation package but she appreciated that we can do what we can do and we appreciate his service to Pacifica.

Mayor Vaterlaus agreed.

Councilmember Bier agreed with Mayor pro Tem Beckmeyer that he deserves so much more than the City is able to give him. She stated that he is the only City Manager that she has ever worked with and she would like to keep it that way for the rest of her tenure on Council. She has learned so much from him and she appreciates everything he does for Pacifica and she hopes the community shows him that kind of respect and appreciation. She stated that City Managers do not stay this long and we are lucky to have him and he is an excellent drummer.

Councilmember Bigstyck stated our City Manager has a long history of supporting our staff and making sure he is not putting himself above our staff as he cultivates and works for us to be a city together. He would hope that our citizens notice and respect the extraordinary work he does and recognize him as a human being and not merely as someone who spends just about every day of his life working to make our community stronger. He thanked him.

Councilmember Boles agrees with everything that has been said. She stated that the community is not privy to Council’s intimate relationship, conversations, education, and questions as they are all including him in looking out for the better of our city and how to bring us to a place that is sustainable and where they can pay more, keep employees, and do good work because, together, they all serve the community of people who live here. She stated he has been here seven years and this has been the hardest year, partly because we have had major staff transitions and filling in that gap and trying to be everything to everyone and keep all the balls rolling and she thanked him for stepping in to that. She stated that they are doing work now that has been kicked down the road for a long time and has been a huge lift for him, staff, Council, Planning Commission, and members of our community to be engaged in so many things at once. She thinks we are all in there for the betterment of the community which includes City Manager.

Mayor Vaterlaus stated it was a quick decision and they would have liked to give him more, as others have said. Council appreciates that he thought about the other staff in his compensation and all the things that he does and what we did this year in terms of big projects and changes of employment and he worked hard.

Mayor Vaterlaus moved consideration and adoption of a Resolution approving the Third Amendment to Restated Employment Agreement between the City of Pacifica and Kevin

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Woodhouse as the City Manager; seconded by Councilmember Bigstyck.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor
SECONDER: Tygarjas Bigstyck, Councilmember
AYES: Vaterlaus, Beckmeyer, Bier, Bigstyck, Boles

ADJOURN
Mayor Vaterlaus adjourned the meeting at 10:02 p.m., in honor of the City Manager.

She wished everyone a happy Thanksgiving, give thanks to everyone and enjoy family and food and all they do on those days.

Transcribed by Barbara Medina, Public Meeting Stenographer.

Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Sue Vaterlaus, Mayor

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
12/9/2024
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 eight-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. The project was completed on April 24, 2023. • 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.
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• 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 at 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 rebid for replacing the guardrails in need of immediate repair came in over $1.4 million and all of the guardrails at $4 million. As the project was beyond what had been funded for the project, the City pivoted to do further inspections on the pier before a sizable investment is made in fixing the guardrails, since it was prudent for the City to understand the full needs of the pier. The 2023 Pier Condition Assessment Report has been finalized and is able to be viewed at www.cityofpacifica.org/pier. In summary, the 2023 report notes that the end of the main pier and L-section of the pier is in serious condition and should be fixed within the next two years. The remaining area of the main pier is considered in poor condition and should be repaired within four years. This report does not include the new damage sustained during the Dec. 28, 2023, high tide/big wave event. The structural engineers determined there was additional damage to the piles, handrails, and deck. The structural engineers recommended limiting public access on the pier to approximately half of the main pier deck until a complete assessment be made after the winter storms. • In November of 2023, a failure behind the seawall was discovered at the intersection of Beach Blvd. and Salada Ave. A void approximately 40’ long and 12’-15’ deep (2’-7’ in width) was found behind the seawall and was repaired with concrete and cement slurry.

The final sidewalk replacement was completed at the end of December 2023. • On Friday, December 29, 2023, another failure behind the seawall was discovered at Beach Blvd. and San Jose Ave. and was temporarily plugged. The final repair was completed on January 3, 2024, with the final sidewalk section and wall completed a week later. The total repair area was approximately 300 sf. This also caused damage to the Milagra storm drain outfall and left substantial sand deposits on the Beach Boulevard Prominade and on the southern Beach Boulevard rock revetment. • In Mach of 2024, City staff received an Emergency Coastal Development Permit (ECDP) from the California Coastal Commission (CCC) for removal of the substantial sand deposits left on Beach Boulevard Promenade and southern rock revetment as well as for 3 Packet Pg. 98
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the repair of the damage to the Milagra outfall. Repair to the outfall and removal of the sand on the Beach Boulevard Promenade was completed in late March/April 2024.

Removal of the sand from the southern Beach Boulevard Rock Revetment is expected to be completed by mid-May 2024, with work starting on May 9, 2024. • In May 2024, a sink hole (approx. 5’ w x 25’ l) was discovered behind the seawall on Beach Blvd. to the north of Santa Maria. The hole was repaired through an emergency contractor.
• In November 2024 a new sink hole (approx. 8’ w x 30’ l) was discovered behind the seawall on Beach Blvd. between Carmel Ave and Santa Maria Ave. The hole is currently being repaired through an emergency contractor. We anticipate the repairs will be completed by December 16, 2024
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 November 12, 2024, 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
ATTACHMENT LIST:

Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (PDF)
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"ATTACHMENT 1"

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Attachment: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (5807 : Continuation of

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
12/9/2024
1 SUBJECT:

Annual Part-Time Salary Schedule Update
RECOMMENDED ACTION:

Move to adopt the resolution approving the annual part-time salary schedule update that will be going into effect January 1, 2025.

STAFF CONTACT:

Yulia Carter, Assistant City Manager
650-738-7440
[email protected]
Irene Camarena, Human Resources Manager
650-738-7303
[email protected]
BACKGROUND/DISCUSSION:

The City’s Part-Time Salary Schedule includes approximately 31 part-time position classifications used for various City functions.

The City’s current part-time salary schedule became effective January 1, 2024, with a recommendation of a $16.00 minimum wage effective January 1, 2024.

The proposed part-time Salary Schedule 2025 (Attachment A) will ensure that the City complies with the State’s minimum wage requirements.

On August 1, 2024, the California Department of Finance Director Joe Stephenshaw officially certified the raise of the minimum wage from $16.00 to $16.50 for all employees regardless of employer size.

The City Manager recommends approval for a minimum wage that reaches $16.50 per hour, effective January 1, 2025, which is state-wide mandated.

The revised salary schedule includes adjusting salary ranges for eight part-time positions to comply with the minimum wage increase and four have been adjusted to address compaction as follows:
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Staff estimates that the proposed changes to the part-time salary schedule will have minimal impact on the City’s operating budget. Budget trends show that departments typically are under budget or absorb additional costs within their operating budget for part-time, hourly positions. Part-time hourly positions are budgeted based on business needs and are allocated accordingly while minimum wage and hourly wages have continued to increase every year.

ALTERNATIVE ACTION:

Minimum wage salary adjustment is consistent with State requirements; therefore, there is no alternative action provided.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
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The recommended action is consistent with the following Council goal:
“A Strong City Workforce Infrastructure” includes strategies to address employee retention and attraction challenges, engaging staff in decision-making, and recognizing staff.

FISCAL IMPACT:

The budget impact of the proposed part-time salary schedule is anticipated to have a minimal impact on the City’s operating budget. The 2024-25 Adopted Budget provides adequate budget authority to allow each department to absorb state-wide required minimum wage increase.

ORIGINATED BY:

Human Resources
ATTACHMENT LIST:

Attachment A: Part Time Salary Schedule 2025 FINAL (PDF) 4 Packet Pg. 104
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December 09, 2024
RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

REVISING THE PART-TIME SALARY SCHEDULE
WHEREAS, the City of Pacifica annually reviews the salary ranges of its part-time employees for compliance with the State of California Minimum Wage regulations; and WHEREAS, the California Minimum Wage will increase to $16.50 per hour effective January 1, 2025; and
WHEREAS, it is the City’s intent to continue to provide its residents with quality service and programs; and
WHEREAS, it is the City’s desire to attract and retain qualified part-time employees to staff these qualitative programs; and
WHEREAS, it is the City’s desire to improve efficiency by appropriately staffing Departments.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that the revised part-time salary schedule listed and included in Attachment A are hereby revised and authorized.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 9
th day of December, 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 4 Packet Pg. 105
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ATTACHMENT A
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Position Title Base Hourly Rate Max Hourly
Rate
Unit
Aquatics Specialist $17.00 $22.00 Unrepresented Employee Group Assistant Swim Coach $16.50 $22.50 Unrepresented Employee Group Building Attendant $16.50 $23.50 Unrepresented Employee Group Child Care Aide $16.50 $19.50 Unrepresented Employee Group Child Care Associate Teacher $19.50 $25.00 Unrepresented Employee Group Code Enforcement Specialist $16.50 $24.50 Unrepresented Employee Group Driver (Bus/Van) $16.50 $25.50 Unrepresented Employee Group Fire Prevention Specialist $22.00 $37.00 Unrepresented Employee Group Food Services Coordinator (Relief Cook) $29.10 $37.10 Unrepresented Employee Group Head Swim Coach $22.50 $25.00 Unrepresented Employee Group Information & Referral Coordinator $16.50 $25.50 Unrepresented Employee Group Information Technology Support Assistant $25.00 $30.00 Unrepresented Employee Group Instructional Teacher $16.50 $35.50 Unrepresented Employee Group Intern (Various Departments) $16.50 $27.50 Unrepresented Employee Group Kitchen Assistant $16.50 $19.50 Unrepresented Employee Group Laboratory Assistant $18.00 $22.00 Unrepresented Employee Group Lifeguard I $16.50 $18.50 Unrepresented Employee Group
Lifeguard II $18.50 $20.50 Unrepresented Employee Group Maintenance Assistant $19.00 $23.00 Unrepresented Employee Group Office Assistant $16.50 $21.50 Unrepresented Employee Group Pool Cashier $16.50 $17.50 Unrepresented Employee Group Pool Manager $19.50 $23.50 Unrepresented Employee Group Program Manager $40.00 $50.00 Unrepresented Employee Group Public Meeting Stenographer $20.00 $25.00 Unrepresented Employee Group Recreation Leader I/II $16.50 $18.50 Unrepresented Employee Group Recreation Leader III/IV $18.50 $21.50 Unrepresented Employee Group Recreation Leader V $21.50 $23.50 Unrepresented Employee Group Senior Life Guard $20.50 $22.50 Unrepresented Employee Group Senior Water Safety Instructor $18.00 $20.50 Unrepresented Employee Group Wastewater Operator-in-Training $18.00 $20.00 Unrepresented Employee Group Water Safety Instructor $16.50 $18.00 Unrepresented Employee Group *The City has made every attempt to ensure the accuracy and reliability of the information provided in this document.

However, the information is provided "as is" without warranty of any kind. The City does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained in this document. Questions or concerns regarding this document should be directed to [email protected].

CITY OF PACIFICA

PART TIME MASTER SALARY SCHEDULE (ATTACHMENT A)
LAST REVISED 1/1/2025

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
12/9/2024
1 SUBJECT:

Resolution Approving the Third Amendment to the Lease Agreement between the City of Pacifica and the Pacifica Spindrift Players for the premises located at 1050 Crespi Dr. (also known as the Pacifica Cultural Arts Center and Spindrift Theater) RECOMMENDED ACTION:

Move to adopt the resolution approving the Third Amendment to the Lease Agreement between the City of Pacifica and the Pacifica Spindrift Players for the premises located at 1050 Crespi Dr. (also known as the Spindrift Theater and formerly known as the Pacifica Cultural Arts Center); authorizing the City Manager to execute the Third Amendment to the Lease Agreement.

STAFF CONTACT:

Scott Leslie, Parks, Beaches and Recreation Department Director (650) 738-7381
[email protected]
BACKGROUND/DISCUSSION:

The City of Pacifica owns property at 1050 Crespi Drive, which includes the Spindrift Theater, formerly known as the Pacifica Cultural Arts Center. Since 1994, the Pacifica Spindrift Players (PSP), a volunteer-led nonprofit organization, has leased the theater from the City. PSP has a long history of providing theatrical productions for the community and currently produces a seven-show season that supports the cultivation of art and artists. Their performances include revivals of traditional plays and musicals as well as diverse and contemporary works.

The current lease agreement, entered into on January 1, 2015 (“Lease Agreement”), is set to expire on December 31, 2024. The original Lease Agreement was first amended on October 12, 2020 and then a second amendment was entered into on April, 26, 2021.

This Third Amendment to the lease will extend the term of the Lease Agreement an additional five years with an optional five year extension. If exercised, the extension would allow the Lease Agreement to continue through December 31, 2034.

Under the terms of the proposed Third Amendment to the Lease Agreement , PSP will pay a monthly base rent of $1,600, which now includes garbage collection services, simplifying the billing process. The previous agreement had the base rent and garbage collection service fees as separate bills. The rent will increase by 2% annually over the course of the Lease Agreement.

Under the Third Amendment to the Lease Agreement contract PSP will continue to have the opportunity to sublease theater space to the adjacent Spindrift School of Performing Arts. Any sublease agreement must be approved by the City. The two nonprofit organizations have a longstanding relationship and regularly coordinate their use of the property to enhance cultural and educational opportunities for the Pacifica community.
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The proposed Third Amendment to the Lease Agreement would also terminate the provisions that were added by the Second Amendment to the Lease Agreement to allow outdoor performances during the Covid-19 pandemic.

ALTERNATIVE ACTION:

The Council could decide not to extend the lease to the Pacifica Spindrift Players, or direct staff to negotiate different lease terms.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

This action supports the goal of “Broadening public communications and collaboration” by leveraging community expertise and volunteer efforts while enhancing opportunities for communication and education.

FISCAL IMPACT:

Under the new lease, the City will receive rental revenue of $1,600/month.

ORIGINATED BY:

Parks, Beaches & Recreation Department
ATTACHMENT LIST:

Exhibit A: Third Amendment to Lease - Spindrift 12.9.24 (DOCX) 5 Packet Pg. 109
Pacifica City Council 3
December 09, 2024
RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

APPROVING THE THIRD AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE

CITY OF PACIFICA AND THE PACIFICA SPINDRIFT PLAYERS FOR PREMISES LOCATED AT 1050 CRESPI DR (COMMONLY KNOWN AS THE PACIFICA SPINDRIFT THEATER) WHEREAS, the City of Pacifica owns property located at 1050 Crespi Drive (“Property”); and
WHEREAS, the Pacifica Spindrift Players (PSP) currently lease a building on the Property (also known as the Spindrift Theater and formerly known as the Pacifica Cultural Arts Center) (“Building”); and
WHEREAS, The PSP has leased the Building from the City since 1994, the current lease agreement was entered into on January 1, 2015 (the “Lease”); and WHEREAS, the parties entered into a First Amendment to the Lease on October 12, 2020; and
WHEREAS, the parties entered into a Second Amendment to the Lease on April 26, 2021; and
WHEREAS, the PSP desires to continue to lease from the City the premises for the purposes of cultural arts use (i.e. performing arts activities, music and dance instruction); and WHEREAS, the City desires to implement a Third Amendment to the Lease Agreement with PSP to continue to support local arts and theater in the community;

NOW, THEREFORE, THE PACIFICA CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

1. The City Council hereby approves the Third Amendment to the Lease Agreement between the City of Pacifica and the Pacifica Spindrift Players, attached hereto.

2. The City Manager is hereby authorized to execute the Third Amendment to the Lease Agreement in the form attached hereto as Exhibit A.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 9
th day of December, 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:
5 Packet Pg. 110
Pacifica City Council 4
December 09, 2024
ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 5 Packet Pg. 111

THIRD AMENDMENT TO LEASE
THIS THIRD AMENDMENT TO LEASE (this “Third Amendment”) is made and entered into as of December 9, 2024 (the “Effective Date”), by and between the CITY OF PACIFICA, a municipal corporation of the State of California (“Landlord” or “City”), and PACIFICA SPINDRIFT PLAYERS, a California non-profit corporation (“Tenant”).

RECITALS
A. Landlord is the owner of certain property located at 1050 Crespi Drive, Pacifica, California 94044 (“Property”). Pursuant to that certain Lease Agreement entered into as of January 1, 2015 (the “Lease”), Landlord currently leases to Tenant and Tenant leases from Landlord the building located on the Property (“Building”), an approximately 7,463 contiguous square foot building commonly known as the Pacifica Spindrift Theater, together with Improvements (if any) as described in Section 9.1 of the Lease (collectively, the “Premises”).

B. On October 12, 2020, the Landlord approved the First Amendment to the Lease via Resolution 63- 2020, to amend the terms of the Lease to allow a series of outdoor theatrical readings in the parking lot on the Premises, to be held over eight (8) weekends in August, September and October, 2020.

C. On April 26, 2021, the Landlord approved a Second Amendment to the Lease to allow outdoor theatrical performances (“Outdoor Activity”) in a portion of the parking lot on the Property, as depicted on Exhibit B, attached hereto (the “Temporary Use Area”) during the Covid 19 pandemic.

D. The term of the Lease is set to expire on December 31, 2024, after an initial five-year term and a subsequent five-year extension.

E. The parties desire to amend the Lease to extend the term for an additional five years, with the option of a mutual five-year extension. If exercised, the extension would allow the lease to continue through December 31, 2034.

F. The parties also desire to establish a monthly Base Rent of $1,600, which would include garbage collection services.

G. The Base Rent will increase by 2% annually, as of January 1st of each year commencing on January 1, 2026 until termination of the Lease on December 31, 2030, unless the parties exercise their opt to extend the Lease term.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:

1. Termination of Outdoor Activity and Use of Temporary Use Area. As of the Effective Date of this Third Amendment the Outdoor Activity and Tenant’s use of Temporary Use Area shall terminate. All use of the Premises shall be indoors, consistent with the use contemplated in the original Lease Agreement.

2. Term of Lease. The Term of the Lease identified in Section 5 of the Basic Terms of the Lease and Section 2.1 of the Lease Agreement shall be amended from twenty (20) years to twenty-five (25) years commencing as of January 1, 2005

5.a
Packet Pg. 112 Attachment: Exhibit A: Third Amendment to Lease - Spindrift 12.9.24 (5806 : Pacifica Spindrift Players Lease Extension)

2. Option to Extend. The Term of the Lease may be extended for an additional five (5) years as set forth in Section 2.2 of the Lease.

4. Base Rent Amendments. The Base Rent identified in Section 6 of the Basic Terms and Section of the Lease Agreement shall be increased to $1,600 per month as of January 1, 2025. This increased Base Rent shall include the cost of garbage services. The Base Rent will increase by 2% annually, as of January 1st of each year commencing on January 1, 2026 until termination of the Lease on December 31, 2030, unless the parties exercise their opt to extend the Lease term.

5. Miscellaneous.

5.1 The Lease, First, Second and Third Amendment and any outdoor activity agreement(s) entered into between the parties set forth the entire agreement between the parties with respect to the matters set forth herein. There have been no additional oral or written representations or agreements. Under no circumstances shall Tenant be entitled to any rent abatement, improvement allowance, leasehold improvements, or other work to the Premises, or any similar economic incentives that may have been provided Tenant in connection with entering into the Lease, unless specifically set forth in this Amendment.

5.2 Except as herein modified or amended, the provisions, conditions and terms of the Lease shall remain unchanged and in full force and effect. The capitalized terms used in this Third Amendment shall have the same definitions as set forth in the Lease, to the extent that such capitalized terms are defined therein and not redefined in this Third Amendment.

5.3 Submission of this Third Amendment by Landlord is not an offer to enter into this Third Amendment but rather is a solicitation for such an offer by Tenant. Landlord shall not be bound by this Third Amendment until Landlord has executed and delivered the same to Tenant.

5.4 Tenant hereby represents to Landlord that Tenant has dealt with no broker in connection with this Third Amendment. Tenant agrees to indemnify and hold Landlord and the Landlord Entities harmless from all claims of any brokers claiming to have represented Tenant in connection with this Third Amendment.

5.5 This Third Amendment and the Lease shall be construed as a whole in order to effectuate the intent of the parties to amend the Lease in the manner specified in this Third Amendment. All provisions of the Lease that are affected by this Third Amendment shall be deemed amended regardless of whether or not specified in this Third Amendment. In the case of any inconsistency between the provisions of the Lease and this Third Amendment, the provisions of this Third Amendment shall govern and control.

5.6 Each signatory of this Third Amendment represents hereby that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting. Tenant hereby represents and warrants that neither Tenant, nor any persons or entities holding any legal or beneficial interest whatsoever in

5.a
Packet Pg. 113 Attachment: Exhibit A: Third Amendment to Lease - Spindrift 12.9.24 (5806 : Pacifica Spindrift Players Lease Extension) Tenant, are (i) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S.

Department of the Treasury (“OFAC”); (ii) designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56, Executive Order 13224 (September 23, 2001) or any Executive Order of the President issued pursuant to such statutes; or (iii) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons.” If the foregoing representation is untrue at any time during the Term of the Lease, an Event of Default under the Lease will be deemed to have occurred, without the necessity of notice to Tenant.

5.7 Pursuant to California Civil Code Section 1938, Landlord hereby notifies Tenant that as of the date of this Third Amendment, the Premises have not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil Code Section 1938 as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” Landlord and Tenant hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunder (the “Inspection”), such Inspection shall be (a) performed at Tenant’s sole cost and expense, (b) limited to the Premises and (c) performed by a CASp who has been approved or designated by Landlord prior to the Inspection. Any Inspection must be performed in a manner which minimizes the disruption of business activities on the Property, and at a time reasonably approved by Landlord. Landlord reserves the right to be present during the Inspection. Tenant agrees to: (i) promptly provide to Landlord a copy of the report or certification prepared by the CASp inspector upon request (the “Report”), (ii) keep the information contained in the Report confidential, except to the extent required by Law, or to the extent disclosure is needed in order to complete any necessary modifications or improvements required to comply with all applicable accessibility standards under state or federal Law, as well as any other repairs, upgrades, improvements, modifications or alterations required by the Report or that may be otherwise required to comply with applicable Laws or accessibility requirements (the “Access Improvements”). Tenant shall be solely responsible for the cost of Access Improvements to the Premises or the Building necessary to correct any such violations of construction-related accessibility standards identified by such Inspection as required by Law, which Access Improvements may, at

5.a
Packet Pg. 114 Attachment: Exhibit A: Third Amendment to Lease - Spindrift 12.9.24 (5806 : Pacifica Spindrift Players Lease Extension) Landlord’s option, be performed in whole or in part by Landlord at Tenant’s expense, payable as Additional Rent within ten (10) days following Landlord’s demand.

5.8 This Third Amendment may be executed in counterparts, which when taken together shall constitute one and the same instrument. The parties contemplate that they may be executing counterparts of this Third Amendment and transmitting the signatures by facsimile or email. The parties agree and intend that a signature communicated by facsimile or email shall bind the party so signing with the same effect as though the signature were an original signature. [Signatures on following page]

5.a
Packet Pg. 115 Attachment: Exhibit A: Third Amendment to Lease - Spindrift 12.9.24 (5806 : Pacifica Spindrift Players Lease Extension) IN WITNESS WHEREOF, Landlord and Tenant have entered into and executed this Third Amendment as of the Effective Date.

LANDLORD:

CITY OF PACIFICA, a municipal corporation of
California
By:

Kevin Woodhouse, City Manager
Approved as to Form
By:

Michelle Marchetta Kenyon, City Attorney
Attest
By:

Sarah Coffey, City Clerk
TENANT:

SPINDRIFT PLAYERS, a California non-profit
corporation
By:

Its:

By:

Its:

5.a
Packet Pg. 116 Attachment: Exhibit A: Third Amendment to Lease - Spindrift 12.9.24 (5806 : Pacifica Spindrift Players Lease Extension)

EXHIBIT A
APPLICATION AND APPENDIX 1: Proposed Outdoor Activities

5.a
Packet Pg. 117 Attachment: Exhibit A: Third Amendment to Lease - Spindrift 12.9.24 (5806 : Pacifica Spindrift Players Lease Extension)

EXHIBIT B

TEMPORARY USE AREA

5.a
Packet Pg. 118 Attachment: Exhibit A: Third Amendment to Lease - Spindrift 12.9.24 (5806 : Pacifica Spindrift Players Lease Extension)

EXHIBIT C
OUTDOOR ACTIVITY AGREEMENT (Sample Form)

5.a
Packet Pg. 119 Attachment: Exhibit A: Third Amendment to Lease - Spindrift 12.9.24 (5806 : Pacifica Spindrift Players Lease Extension)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
12/9/2024
1 SUBJECT:

Adoption of Resolution Declaring the Canvass of Returns and Results of the General Municipal Election of November 5, 2024
RECOMMENDED ACTION:

Move to adopt the resolution declaring the canvass of returns and results of the general municipal election held on November 5, 2024.

STAFF CONTACT:

Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

A Consolidated General Municipal election was conducted in the City of Pacifica on November 5, 2024 for the purpose of electing one (1) member of the City Council for District 1 and one (1) member of the City Council for District 4 and for the purpose of submitting one measure to the qualified electors of the City of Pacifica as required by law. The County of San Mateo Elections Department has certified the City of Pacifica's Consolidated General Municipal Election held on November 5, 2024.

The final, official results of the General Municipal Election of November 5, 2024, for election of candidates to the office of City Council Member for District 1 (full four-year term) and to the office of City Council Member for District 4 (full four-year term) are declared and determined to be as set forth in the Certification of the San Mateo County Chief Elections Officer, attached as Exhibit “A” to the Resolution.

Elected Offices
The names of the persons voted for elected office at said municipal election for the office of City Council Member and the number of votes cast for each candidate including, as shown on the Exhibit attached hereto, are as follows:

City of Pacifica - Member, City Council, District 1
Mayra Espinosa (full 4-year term) 1,811 votes
Michelle Murry (full 4-year term) __892 votes
Victor A. Spano (full 4-year term) __170 votes
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Pacifica City Council 2
December 09, 2024
City of Pacifica - Member, City Council District 4
Greg Wright (full 4-year term) 2,237 votes
Mark Hubbell (full 4-year term) 2,005 votes
Mayra Espinosa (District 1) and Greg Wright (District 4) received the highest number of votes cast for the office for which each was a candidate and are thereby declared elected to said respective City Council offices for terms ending November 2028 (full four-year term) and the City Clerk is hereby authorized to deliver to each of them a Certificate of Election and to administer the Oath of Office prescribed in the Constitution of the State of California.

Measure Submitted to Qualified Electors
Measure M voted on at said Consolidated General Municipal Election read as follows:

Shall an Ordinance updating a transient occupancy tax (paid only by hotel and other short term lodging guests) to a 15% rate to continue funding vital Pacifica services, such as police, fire, 911 emergency response; street/pothole repair; youth/senior programs; adapting to sea-level rise; keeping trash off beaches; and generating approximately $720,000 annually in additional revenue until ended by voters and subject to annual audits, be adopted?
That the record of votes cast at said Consolidated General Municipal Election for and against Measure M, as shown on Exhibit A attached hereto, was: 15,284 YES; and 4,380 NO; and that a majority of all votes cast on Measure M were in favor of said measure and said measure passed.

The Ordinance as adopted by voters at the November 5, 2024 election is attached as Attachment B, and said Ordinance No. 897-C.S. shall go into effect in accordance with Elections Code Section 9217 and was deemed adopted when it was approved by a majority of the eligible voters of the City of Pacifica at the election held on November 5, 2024. Ordinance No. 897-C.S. shall become effective ten (10) days after the City Council has certified the results of the election by the attached resolution.

The certification and canvassing of votes cast for City of Pacifica General Municipal Election of November 5, 2024 were received by the City of Pacifica City Clerk from the San Mateo County Chief Elections Officer and are attached with the Resolution as Exhibit A.

FISCAL IMPACT:

None associated with certification of election.

ORIGINATED BY:

City Clerk
6 Packet Pg. 121
Pacifica City Council 3
December 09, 2024
ATTACHMENT LIST:

Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (PDF) Attachment B: Measure M - Ordinance No. 897-C.S. Amending Transient Occupancy Tax (TOT) (PDF)
6 Packet Pg. 122
Pacifica City Council 4
December 09, 2024
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA DECLARING THE

CANVASS OF RETURNS AND RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024
WHEREAS, a consolidated General Municipal Election was held and conducted in the City of Pacifica on the 5th day of November, 2024, as required by law; and WHEREAS, the election of candidates to the following seats: Member of City Council - District 1 (one seat) for a full term of four years and Member of City Council - District 4 (one seat) for a full term of four years were placed on the November 5, 2024 Official Ballot; and WHEREAS, one local measure, Measure M, was placed on the November 5, 2024 Official Ballot for the City of Pacifica; and
WHEREAS, notice of the election was given in time, form and manner provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns were made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, California Elections Code provides that for a consolidated election, the City Clerk, upon receipt of the results of the election from the elections official conducting the election, shall certify the results to the governing body; and WHEREAS, on December 5, 2024, Mark Church, Chief Elections Officer & AssessorCounty Clerk-Recorder, caused to be filed with the City Clerk of the City of Pacifica the final certification in connection with the subject election which includes the record of votes from the canvass of all ballots cast at said General Municipal Election; and WHEREAS, a copy of the final Certification is attached hereto as “Exhibit A” and incorporated herein by reference; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFICA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the whole number of votes cast in the City of Pacifica District 1 was 3,340; the whole number of votes cast in the City of Pacifica District 4 was 4,863; and the whole number of votes cast for the Measure submitted to the qualified electors in the City of Pacifica was 21,210 as set forth in “Exhibit A”.

SECTION 2. That the names of the persons voted for at said municipal election for the offices indicated and the total number of votes given in the indicated District in the City of Pacifica to each candidate, as shown on “Exhibit A”, are as follows:
6 Packet Pg. 123
Pacifica City Council 5
December 09, 2024
Member, City Council, District 1:

Mayra Espinosa (full 4-year term) 1,811 votes
Michelle Murry (full 4-year term) __892 votes
Victor A. Spano (full 4-year term) __170 votes
Member, City Council District 4:

Greg Wright (full 4-year term) 2,237 votes
Mark Hubbell (full 4-year term) 2,005 votes
Measure M voted on at said General Municipal Election read as follows:
“Shall an Ordinance updating a transient occupancy tax (paid only by hotel and other short term lodging guests) to a 15% rate to continue funding vital Pacifica services, such as police, fire, 911 emergency response; street/pothole repair; youth/senior programs; adapting to sea-level rise; keeping trash off beaches; and generating approximately $720,000 annually in additional revenue until ended by voters and subject to annual audits, be adopted?”
That the record of votes cast at said General Municipal Election for and against Measure M, as shown on Exhibit A attached hereto, was: 15,284 YES; and 4,380 NO; and that a majority of all votes cast on Measure M were in favor of said measure and said measure passed.

SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates is provided as set forth in “Exhibit A”.

SECTION 4. The City Council does declare and determine that Mayra Espinosa and Greg Wright received the highest number of votes cast for the office for which each was a candidate and are thereby declared elected to said respective City Council offices for terms ending November 2028 (full four-year term).

SECTION 5. The City Clerk shall enter on the records of the City Council of the City of Pacifica, a statement of the result of the election in conformance with this Resolution showing:
(1) The whole number of votes cast in each District in the City for which the election of an eligible office was conducted and whole number of votes cast in the City; (2) the names of the persons voted for; (3) the measure voted upon; (4) for what office each person was voted for; (5) the number of votes given at each precinct to each person, and for and against each measure; and (6) the total number of votes given to each person, and for and against the measure.

SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that to each person elected the Oath of Office shall be administered as prescribed in the Constitution of the State of California; and that each and all of the persons so elected shall be inducted into the respective office to which they have been elected.

SECTION 7. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
6 Packet Pg. 124
Pacifica City Council 6
December 09, 2024
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 9th day of December 2024 by the following vote of the members thereof:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
____________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 6 Packet Pg. 125
Pacifica City Council 7
December 09, 2024

EXHIBIT A
6 Packet Pg. 126

6.a
Packet Pg. 127 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 128 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 129 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 130 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 131 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 132 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 133 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 134 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 135 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 136 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 137 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 138 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 139 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 140 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 141 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 142 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 143 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 144 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results

6.a
Packet Pg. 145 Attachment: Exhibit A: Certified Election Results - City Of Pacifica - November 5, 2024 Election (5805 : Declaring Canvass of Returns & Results ORDINANCE NO. 897-C.S.

AN ORDINANCE OF THE CITY OF PACIFICA AMENDING SECTION 3-7.03 (TAX IMPOSED) WITHIN CHAPTER 7 (TRANSIENT OCCUPANCY TAX) OF TITLE 3 (FINANCE) OF THE PACIFICA MUNICIPAL CODE TO UPDATE THE CITY’S TRANSIENT OCCUPANCY (HOTEL/LODGING) TAX BY INCREASING TO FIFTEEN PERCENT (15%) WHEREAS, Title 3, Chapter 7 of the City of Pacifica Municipal Code, establishes the City’s Transient Occupancy Tax (TOT) regulations which require that each “transient” who occupies a “hotel”, as those terms are defined in section 3-7.02(b), must pay the TOT rate of twelve percent (12%) for the privilege of occupying the hotel; and
WHEREAS, Article XIII C, section 2(b) of the California Constitution requires that any general tax, such as the TOT, must be approved by a majority vote of the voters voting on the issue; and
WHEREAS, Article XIII C, section 2(b) of the California Constitution requires that an election by the voters to approve a general tax must be consolidated with a statewide general election at which members of the City Council will be elected; and WHEREAS, November 5, 2024 is the date of the statewide general election at which members of the City Council will be elected; and
WHEREAS, the City of Pacifica provides excellent community services and maintains a strong quality of life for local residents; and
WHEREAS, Pacifica’s parks, beaches, coastline, trails and recreation opportunities are what makes the City unique, but as erosion, pollution and flooding increase, this measure will allow us to protect these resources for current and future generations to enjoy; and WHEREAS, this measure will reduce the impact on local taxpayers so local residents do not shoulder the cost and visitors and tourists also contribute to the services they utilize; and WHEREAS, this measure will provide funding to address community identified priorities such as police, fire and 911 emergency response services, street and pothole repair, youth and senior programs, adapting to sea-level rise and keeping trash off of the beaches; and WHEREAS, the proposed measure will include accountability requirements such as annual financial audits; and
WHEREAS, the City Council believes that it is in the best interests of the City to submit the proposed 3% upward adjustment to the TOT to the voters of City.

6.b
Packet Pg. 146 Attachment: Attachment B: Measure M - Ordinance No. 897-C.S. Amending Transient Occupancy Tax (TOT) (5805 : Declaring Canvass of ORDINANCE NO. 897-C.S.