CITY OF BELMONT
CITY COUNCIL AND BELMONT FIRE
PROTECTION DISTRICT BOARD OF
DIRECTORS
www.belmont.gov
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. REPORT FROM CLOSED SESSION
4. SPECIAL PRESENTATIONS
CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, January 25, 2022
7:00 PM
City Council Chambers
City Hall, One Twin Pines Lane, Belmont, California
TELECONFERENCE PARTICIPANTS
Councilmembers will participate by teleconference under Government Code Section 54953(e), and City Council Resolution 2022-001. All votes shall be by roll call.
The meeting will be broadcast live to Belmont residents on Comcast Cable Channel 27, streamed live via the City’s website at www.Belmont.gov. The public may also attend the meeting in the City Council Chambers and address the council from the chambers. Social distancing must be practiced, and seating will be limited.
PUBLIC COMMENT:
To maximize time for live public comment, we encourage members of the public to provide comments by joining the City Council meeting via Zoom: For web, visit https://belmontgov.zoom.us/ select “Join” and enter Meeting ID: 95745673035. Use the Raise Hand feature to request to speak. You may rename your profile if you wish to remain anonymous.
For dial-in comments, call *67 1-(669) 900-6833 (your phone number will appear on the live broadcast if *67 is not dialed prior to the phone number), enter Meeting ID: 95745673035, and press *9 to request to speak. All public comments are subject to a 3-minute time limit unless otherwise determined by the Mayor.
If you wish to submit written public comment, you may send an email to [email protected] before the council considers the item. Please indicate the agenda item topic or agenda item number you wish to comment on in your email’s subject line. Any public comment regarding agenda items that are received from the publication of the agenda through the meeting date will be made part of the meeting record, but will not be read during the Council meeting.
1 A. Proclamation Designating February 2022 as Black History Month B. Proclamation Designating January 2022 as National Slavery and Human Trafficking Prevention Month
C. San Mateo County Public Library Annual Report
5. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
This portion of the meeting is reserved for persons wishing to address the Body on any City matter not on the agenda. The period for public comment at this point in the agenda is limited to 15 minutes, with a maximum of 3 minutes per speaker. Speakers who requested but did not receive an opportunity to speak during this comment period will be given an opportunity to address the Body later in the meeting. State law prohibits the Body from acting on non-agenda items.
6. COUNCILMEMBER ANNOUNCEMENTS
7. CONSENT BUSINESS
Consent business items are considered to be routine in nature and will be enacted by one motion. There will be no separate discussion on these items unless a member or staf request specific items to be removed for separate action. The City Attorney will read the title of ordinances to be adopted.
A. Annual Investment Policy
Recommendation: Receive the City of Belmont Investment Policy as submitted by the Finance Director/City Treasurer
Attachment(s):
Annual Investment Policy - Staff Report
Annual Investment Policy - Investment Policy
B. FY 2023 Budget Calendar
Recommendation: Motion to approve FY 2023 Budget Calendar Attachment(s):
FY23 Budget Calendar - Staff Report
FY23 Budget Calendar - Budget Calendar
C. Grant Application for Funding from California Department of Forestry and Fire Protection to Support Hazardous Fuel Reduction in Waterdog Lake Open Space and San Juan Canyon
Recommendation: Adopt a Resolution authorizing the City Manager to submit an application for up to $325,000 to the California’s Department of Forestry and Fire Protection (CAL FIRE) California Climate Investment Fire Prevention Grant Program to fund fuel reduction in Waterdog Lake Open Space and San Juan Canyon
Attachment(s):
Staff Report
Resolution
D. 2020 Street Reconstruction Project, CCN 202-588, Notice of Completion Recommendation: Adopt a resolution accepting work and authorizing the issuance of a Notice of Completion for the 2020 Street Reconstruction Project, City Contract Number 2020-588, for a final contract cost of $1,989,209.
Attachment(s):
2 2020 Street Reconstruction Project, CCN 2020-588, NOC-Staff report 2020 Street Reconstruction Project, CCN 2020-588, NOC-Resolution E. Application Submittal to CalRecycle for Payment Programs and Related Authorizations
Recommendation: Adopt a resolution approving application submittal for payment programs and related authorizations on behalf of the City of Belmont to the California Department of Resource Recycling and Recovery (CalRecycle).
Attachment(s):
Authorizing Submittal to CalRecycle applications -Staff Report Authorizing Submittal to CalRecycle applications - Resolution
8. PUBLIC HEARINGS
A. Second Public Hearing for Transition from At-Large Elections to By District Elections to By District Elections for Council Seats and At-Large Mayor (Presentation and Public Hearing will begin at 7:30 pm) Recommendation: Receive a presentation from the City's Consultant Districting Partners on a range of topics to facilitate a process of public education and involvement in a transparent and fair districting process.
Attachment(s):
Second Public Hearing- Transition to District Elections - Staff Report City of Belmont Districting Process Presentation
9. GENERAL BUSINESS
General Business items are considered separately, typically in the order listed. The chair will call for public comment on each item when the body considers the item.
10. BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
A. Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
B. Verbal report from City Manager
11. MATTERS OF INTEREST/CLARIFICATION
Items in this category are for discussion and direction to staf only. However, Council/Board may take final action on an item if there is no need for additional staf analysis.
A. Council Intergovernmental Assignments
Recommendation: Review updated assignments and provide staff with further direction where necessary.
Attachment(s):
Council IGR Assignments 2022.pdf
12. ADJOURNMENT
If you need assistance to participate in this meeting, please contact the City Clerk at (650) 595-7413. The speech and hearing-impaired may call (650) 637-2999 for TDD services. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Meeting information can also be accessed via the internet at:www.belmont.gov. All staff reports will be posted to 3 the web in advance of the meeting, and any writings or documents provided to a majority of the City Council/District Board or Commission regarding any item on this agenda will be made available for public inspection in the City Clerk's Office, One Twin Pines Lane, during normal business hours and at the Council Chambers at City Hall, Second Floor, during the meeting. 4
Annual Investment Policy
STAFF REPORT
Meeting Date: January 25, 2022
Agency: City of Belmont
Staff Contact: Grace Castaneda, Finance Director, [email protected] Agenda Title: Annual Investment Policy
Agenda Action: Motion
Recommendation
Receive the City of Belmont Investment Policy as submitted by the Finance Director/City Treasurer.
Strategic Focus Area
Not Applicable
Background
In past years, the State of California Government Code Section 53646 required the Treasurer to render to the Council, at a public meeting, an annual investment policy. Although Council’s approval is no longer required by statute, the City, consistent with best practice, annually reviews and accepts its Investment Policy to provide transparency and disclosure.
Analysis
The Investment Policy, as recommended, affirms the Finance Director’s/City Treasurer’s fiduciary responsibility to safeguard public assets. The policy places a high priority on insuring safety of principal first and foremost, and then ensuring that the liquidity needs for payment of City obligations are met, prior to considering yield on investments.
Alternatives
1. With direction, refer the presented Investment Policy back to the Finance Director/City Treasurer.
Attachments
A. Investment Policy
Fiscal Impact
☒ No Fiscal Impact
☐ Funding Source Confirmed:
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
5 1
CITY OF BELMONT
INVESTMENT POLICY
TO: Belmont City Council
Belmont City Manager
FROM: Grace Castaneda, Finance Director/City Treasurer
RE: Annual Investment Policy
DATE: January 25, 2022
1.0 Policy:
It is the policy of the City of Belmont to invest public funds in a manner which will maximize security, followed by meeting the daily cash flow demands of the entity and then provide the highest investment return consistent with, and conforming to, all state and local statues governing the investment of public funds.
2.0 Scope:
This investment policy applies to all investments as defined by the State of California Government Code accounted for in the City of Belmont’s Comprehensive Annual Financial Report.
3.0 Prudence:
Investments shall be made with judgment and care--under circumstances then prevailing--which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.
3.1 The standard of prudence to be used by investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
6 2
4.0 Objectives:
The primary objectives, in priority order, of the City of Belmont’s investment activities shall be:
4.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Belmont shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. Funds invested with the California Local Agency Investment Fund administered by the California State Treasurer meet this requirement for diversification.
4.2 Liquidity: The City of Belmont’s investment portfolio will remain sufficiently liquid to enable the City of Belmont to meet all operating requirements as reasonably anticipated.
4.3 Return on Investments: The City of Belmont’s investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the City of Belmont’s investment risk constraints and the cash flow characteristics of the portfolio.
5.0 Delegation of Authority:
No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director/City Treasurer. The Finance Director/City Treasurer shall be responsible for all investment transactions undertaken and shall establish a system of internal controls to regulate the activities of authorized personnel.
6.0 Ethics and Conflicts of Interest:
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the Belmont City Clerk any material financial interests in financial institutions that conduct business within this jurisdiction.
7 3
7.0 Reporting:
The Finance Director/City Treasurer shall provide to the City Council monthly investment reports which provide a clear picture of the status of the current investment portfolio.
Schedules in the monthly report should include the following:
- A listing of individual securities held at the end of the reporting period by authorized investment category.
- Final maturity of all investments listed.
- Coupon, discount or earnings rate.
- Par value and market value.
8.0 Investment Policy Adoption:
The City of Belmont’s investment policy shall be accepted by the City Council.
The policy shall be reviewed annually and any modifications made thereto must be approved by the City Council.
8
FY 2023 Budget Calendar
STAFF REPORT
Meeting Date: January 25, 2022
Agency: City of Belmont
Staff Contact: Grace Castaneda, Finance Director, [email protected] Agenda Title: FY 2023 Budget Calendar
Agenda Action: Motion
Recommendation
Adopt motion approving FY 2023 Budget Calendar.
Strategic Focus Area
Fiscal and Organizational Sustainability
Background
As part of the annual budget development process, the City Council adopts a budget calendar establishing dates leading to review and approval of the annual budget.
Analysis
The FY 2023 Budget Calendar calls for a series of work sessions ultimately resulting in adoption of the budget on June 14th. Additional key dates are highlighted in the attached calendar and may be subject to change.
Alternatives
1. Take no action.
Attachments
A. Proposed FY 2023 Budget Calendar
Fiscal Impact
☒ No Fiscal Impact
☐ Funding Source Confirmed:
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
9 City of Belmont
FY 2023 Budget Calendar
Day Date Event Responsibility ✓
Tuesday 1/25/22 Adopt motion approving Budget Calendar Finance ✓ Tuesday 2/8/22 FY 2022 Mid-Year Review and Adoption Finance & All Departments
✓
TBD TBD Council Priority Workshop
▪ FY 2023 Strategic Planning & Financial
Forecast
▪ Priorities and policy considerations
All Departments &
Finance
✓
Monday 3/7/22 ▪ Issue budget priorities, detail budget
instructions and forms to departments.
▪ Distribute personnel allocations and
revenue forms to departments
Finance
Wednesday 3/30/22 Submit personnel allocations, proposed initiatives, departmental operating and
capital requests and revenue estimates to
Finance
All Departments
MondayFriday4/11/22-
4/15/22
Budget conferences with departments City Manager,
Finance & All
Departments
Monday 4/18/22 Begin compilation of FY 2023 Budget and
preparation of budget message
City Manager,
Finance
Friday 5/20/22 Distribute proposed FY 2023 Budget Finance Tuesday 5/24/22 ▪ Introduction of the proposed FY 2023
Budget and department presentations
▪ Set public hearing on adopting the FY
2023 Budget and setting non-Prop. 218
fees and charges – June 14, 2022
All Departments ✓
TBD 6/X/22 Audit Committee reviews proposed FY 2023
Budget
City Manager,
Finance
✓
Tuesday 6/14/22 ▪ Recommendation from Audit Committee
▪ Adopt FY 2023 Budget
▪ Public Hearing - City Council and Fire
Board
▪ Adopt resolutions implementing FY 2023
Budget
City Manager,
Finance
✓
(✓) Check denotes Council or Council Standing Committee Action 10
Cal Fire Grant Application - Staff Report.docx
STAFF REPORT
Meeting Date: January 25, 2022
Agency: City of Belmont
Staff Contact: Brigitte Shearer, Parks & Recreation Director; (650) 595-7488; [email protected]
Agenda Title: Grant Application for Funding from California Department of Forestry and Fire Protection to Support Hazardous Fuel Reduction in Waterdog Lake Open Space and San Juan Canyon
Agenda Action: Resolution
Recommendation
Adopt a Resolution authorizing the City Manager to submit an application for up to $325,000 to the California’s Department of Forestry and Fire Protection (CAL FIRE) California Climate Investment Fire Prevention Grant Program to fund fuel reduction in Waterdog Lake Open Space and San Juan Canyon.
Strategic Focus Area
Quality of Life
Background
The Governor of the State of California in cooperation with the California State Legislature has enacted State of California Climate Investment (CCI), which provides funds to the State of California and its political subdivisions for fire prevention programs. The California Department of Forestry and Fire Protection (CAL FIRE) has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies, non-profit organizations, and others under the program. The resulting competitive CCI Fire Prevention Grant Program has been allocated a budget of $120 million for Fiscal Year 2021-2022 for agencies pursuing projects addressing fuel reduction, wildfire prevention planning, and wildfire prevention education.
The City of Belmont currently maintains approximately 300 acres of open space at Waterdog Lake and San Juan Canyon which would benefit from Grant-related activities, specifically hazardous fuel reduction.
Much of the open space’s perimeter consists of heavy vegetation on steep slopes abutting human development and creating a high wildfire risk threatening persons and property. To mitigate this risk, City staff have continually worked alongside CAL FIRE to establish and maintain defensible space where possible with available resources.
Analysis
Securing a California Climate Investment Fire Prevention Grant (Grant) would allow the City to outsource additional, critical hazardous fuel reduction at Waterdog Lake Open Space and San Juan Canyon. The California Department of Forestry and Fire Protection (CAL FIRE) has designated the Western Hills including Waterdog Lake as a “Very High Fire Hazard Severity Zone” and San Juan Canyon as a “High Fire Hazard Severity Zone.” In addition, the City’s 2035 General Plan includes a Key Strategy of 11
Cal Fire Grant Application - Staff Report.docx
managing wildfire risk where feasible and fuel reduction is a key component of the City’s Hazard Mitigation Plan.
Fuel reduction efforts simultaneously reduce the likelihood of a fire starting, reduce the speed of fire spread, and reduce the intensity of any fire that does start. They also reduce carbon emissions caused by wildfire, support wildfire evacuation by protecting egress routes, and enhance wildfire survivability by improving access for emergency personnel.
Hazardous fuel reduction additionally supports the State of California Climate Investment’s (CCI) goal of reducing wildfire emissions through the following objectives. • Reduce GHG emissions from wildfire and prevent the need for cleanup and rebuilding of communities following destructive wildfire events
• Provide fire personnel with more opportunities to access the fire perimeter to extinguish fires more quickly, thereby reducing GHG emissions
• Encourage projects that result in smaller scale fires to reduce carbon emissions and reduce the carbon impact
• Improve health and resilience of treated areas for increased carbon sequestration • Improve public awareness and reduce human caused wildfire ignitions • Promote orderly growth and development through land use planning which helps to reduce GHG emissions
By securing Grant funds, the City could expand upon existing fuel reduction efforts by outsourcing additional work. In-kind support may also be provided by City staff. Fuel reduction efforts would be prioritized based on vegetation management guidelines identified in the impending Open Space Management Plan.
Proposed Project, Cost, & Requirements
City staff propose applying for up to $325,000 under this competitive Grant to expand hazardous fuel reduction efforts over the next 3+ years. Grant awards will be announced in June 2022 and projects must be completed by March 15, 2026. While there is no net budget impact, funds would need to be expended from the General Fund prior to reimbursement by the State of California.
There are also several applicable requirements under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA); therefore, projects would require guidance and consultation from Arborists or Registered Professional Foresters (RPFs) to ensure that any environmental impact was appropriately addressed.
In order to proceed with the Grant application process, a Council resolution is required.
12
Cal Fire Grant Application - Staff Report.docx
Alternatives
1. Refer to staff for more information
2. Take no action
Attachments
A. Resolution
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
If awarded, the Grant award funding and corresponding
expenditures will be incorporated into the annual budget during the budget development process. Grant expenditures will be expended from the General Fund prior to reimbursement by the State of California.
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
13
RESOLUTION NO. 2022 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR UP TO $325,000 TO CALIFORNIA’S DEPARTMENT OF FORESTRY AND FIRE
PROTECTION (CAL FIRE) CALIFORNIA CLIMATE INVESTMENT FIRE
PREVENTION GRANT PROGRAM TO FUND FUEL REDUCTION IN WATERDOG
LAKE OPEN SPACE AND SAN JUAN CANYON
WHEREAS, the Governor of the State of California in cooperation with the California State Legislature has enacted State of California Climate Investment, which provides funds to the State of California and its political subdivisions for fire prevention programs; and, WHEREAS, the California Department of Forestry and Fire Protection (CAL FIRE) has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies, non-profit organizations, and others under the program; and,
WHEREAS, the City of Belmont will enter into an agreement with the State of California to carry out fuel reduction in Waterdog Lake Open Space and San Juan Canyon.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. Approve the filing of an application for ”California Climate Investment Fire Prevention Grant Program”; and,
SECTION 2. Certifies that said applicant has or will have sufficient funds to operate and maintain the projects; and,
SECTION 3. Certifies that funds under the jurisdiction of the City of Belmont are available to begin the projects; and,
SECTION 4. Certifies that said applicant will expend grant funds prior to the grant deadline of March 15, 2026.
SECTION 5. Appoints City Manager or a designee, to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.
14
* * *
ADOPTED January 25, 2022 by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
15
2020 Street Reconstruction Project, CCN 2020-588, Notice of Completion - Staff Report
STAFF REPORT
Meeting Date: January 25, 2022
Agency: City of Belmont
Staff Contact: Bozhena Palatnik, Public Works, (650) 595-7463, [email protected] Agenda Title: 2020 Street Reconstruction Project, CCN 2020-588, Notice of Completion Agenda Action: Resolution
Recommendation
Adopt a resolution accepting work and authorizing the issuance of a Notice of Completion for the 2020 Street Reconstruction Project, City Contract Number 2020-588, for a final contract cost of $1,989,209.
Strategic Focus Area
Infrastructure and Mobility
Background
On April 28, 2020, the City Council approved the project plans and specification and authorized advertising and awarding the 2020 Street Reconstruction Project for an amount up to the engineer’s estimate of $2,125,000. The work included road reconstruction (which brings PCI up to 100), minor drainage improvements, curb ramp installation, adjustment to grade of manholes and utility boxes, and striping on the following street segments:
STREET From: To: 2020 PCI
Beresford Avenue Hillcrest Drive Lower Lock Avenue 23
Biddulph Way Hiller Street Nesbit School 22
Buena Vista Avenue Monserat Avenue Cipriani Boulevard (South) 14 Pine Knoll Drive Hillman Avenue S end 43
Robin Whipple Way W End Belburn Drive 25
Sussex Court Hiller Street S End 13
Terrace Drive Hillman Avenue Mezes Avenue 29
Valerga Drive Alameda de las Pulgas S End 10
Villa Avenue Ralston Avenue Belburn Drive 31
Wessex Way Hiller Street N End 15
Wessex Way Granada Street S End 18
Wooster Avenue Cipriani Blvd. San Mateo City Limit 36
On June 24, 2020, City received only two bids for the construction of the project, and both were significantly above the engineer’s estimate ($2,673,237 and $3,138,332.) On July 14, 2020, staff asked Council to reject all bids per Public Contract Code Section 22038 (a), redesigned the project, and advertised it again.
16
2020 Street Reconstruction Project, CCN 2020-588, Notice of Completion - Staff Report On February 10, 2021, staff conducted a successful bid opening with low bid received at $2,079,018.80.
Analysis
The construction started on May 10, 2021 and was completed ahead of schedule and 9.5% below budget on October 1, 2021. During construction there were numerous unforeseen conditions that were hindering the construction, but by partnership between staff, construction management consultant, and contractor, the project was completed below the approved budget as staff and contractors were nimble in solving utility conflicts and reconstruction depths in the field.
The project is now complete to the satisfaction of the City in accordance with the construction plans and specifications. The total cost of construction is $1,989,209, which is within the approved budget.
The City is retaining 5% from the contractor to ensure that all subcontractors and suppliers are paid. If there are no claims filed within 35 days of recording the Notice of Completion, final payment will be released to the contractor.
Alternatives
1. Take No Action
2. Refer back to staff for further information
Attachments
A. Resolution
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
The following expenditures took place during project
construction: $494,194 from RMRA Account 232-3-730-3109- 9030, $4,985 from Infrastructure Account 310-3-760-3220- 9030, and $1,500,000 from Measure I Account 102-3-730-
3104-9030. The unspent balance from Infrastructure Account will be returned to fund balance and available for future infrastructure investments.
Source: Purpose: Public Outreach:
Staff Statutory/Contractual Requirement Posting of Agenda 17
RESOLUTION NO. 2022 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT
ACCEPTING WORK AND AUTHORIZING THE ISSUANCE OF A NOTICE OF COMPLETION FOR THE 2020 STREET RECONSTRUCTION PROJECT, CITY CONTRACT NUMBER 2020-588, FOR A FINAL CONTRACT COST OF $1,989,209.
WHEREAS, on April 28, 2020, the City Council approved the project plans and specification and authorized advertising and awarding the 2020 Street Reconstruction Project for an amount up to the engineer’s estimate of $2,125,000; and, WHEREAS, on June 24, 2020, City received only 2 bids for the construction of the project, and both were significantly above the engineer’s estimate ($2,673,237 and $3,138,332); and,
WHEREAS, on July 14, 2020, staff asked Council to reject all bids per Public Contract Code Section 22038 (a), redesigned the project, and advertised it again; and, WHEREAS, on February 10, 2021, staff conducted a successful bid opening with low bid received at $2,079,018.80; and,
WHEREAS, the construction started on May 10, 2021, and was completed on October 1, 2021, ahead of schedule and below budget; and,
WHEREAS, the final project cost is $1,989,209.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. Accepts the work as complete.
SECTION 2. Authorizes the City Clerk to issue the Notice of Completion to O’Grady Paving, Inc.
SECTION 3. Authorizes the City Clerk to file Notice of Completion with the San Mateo County Clerk-Record’s office for the 2020 Street Reconstruction Project, CCN 2020- 588.
* * *
ADOPTED January 25, 2022 by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
18
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
19
Authorizing Submittal to CalRecycle applications for payment programs and related authorizations - Staff Report
STAFF REPORT
Meeting Date: January 25, 2022
Agency: City of Belmont
Staff Contact: Diane Lynn, Public Works Department, (650) 595-7467, [email protected] Agenda Title: Application Submittal to CalRecycle for Payment Programs and Related Authorizations
Agenda Action: Resolution
Recommendation
Adopt a resolution approving application submittal for payment programs and related authorizations on behalf of the City of Belmont to the California Department of Resource Recycling and Recovery (CalRecycle).
Strategic Focus Area
Fiscal and Organizational Sustainability
Background
Pursuant to the Public Resources Code sections 48000 et seq., and 14581, the Department of Resources Recycling and Recovery (CalRecycle) established various payment programs to make payments to qualifying jurisdictions in furtherance of this authority. CalRecycle is required to establish procedures governing the administration of the grant or payment program.
CalRecycle’s payment programs provide opportunities implemented by cities and counties that will assist in reaching and maintaining goals to reduce, reuse and recycle. This will also assist in meeting the City’s Municipal Regional Permit (MRP) requirements.
CalRecycle’s procedures for administering payment programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment program.
Analysis
The CalRecycle Payment Programs are funding sources for the City to apply for funds that can be used toward environmental activities that lead to a healthy and safe environment. The City received funds from CalRecycle Payment Programs (Payment Program) in previous years for litter reduction, recycling efforts, reusable goods, and other activities that promote awareness and change.
CalRecycle’s procedures for administering payment programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment program.
Alternatives
1. Take no action
20
Authorizing Submittal to CalRecycle applications for payment programs and related authorizations - Staff Report
2. Refer to staff for further information
Attachments
A. Resolution
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
The City will receive funds from the CalRecycle Payment Programs to utilize for litter reduction, recycling efforts, reusable goods, and other activities that promote awareness and change. Activities on funding and the utilization of funding will be incorporated into the budget during the annual budget development process.
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
21
RESOLUTION NO. 2022 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT
AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE
GRANT AND PAYMENT PROGRAMS FOR WHICH THE CITY OF BELMONT IS
ELIGIBLE
WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has established various payment programs to make payments to qualifying jurisdictions; and, WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration of the payment programs; and, WHEREAS, CalRecycle’s procedures for administering payment programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment program.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. The City Manager is authorized to submit applications to CalRecycle for any and all payment programs offered; and,
SECTION 2. The City Manager is authorized to execute all documents necessary to implement and secure payment to CalRecycle; and,
SECTION 3. This authorization is effective until rescinded by the Signature Authority or this governing body.
* * *
ADOPTED January 25, 2022 by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
22
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
23 STAFF REPORT
Meeting Date: January 25, 2022
Agency: City of Belmont
Staff Contact: Jozi Plut, City Clerk/Communications Coordinator, [email protected], 650-595- 7414.
Agenda Title: Second Public Hearing for Transition from At-Large Elections to By District Elections for Council Seats and At Large Mayor
Agenda Action: For Information Only
Recommendation
Receive a presentation from the City’s Consultant Districting Partners on a range of topics to facilitate a process of public education and involvement in a transparent and fair districting process.
Strategic Focus Area
Fiscal and Organizational Sustainability
Background
On July 30, 2021, the City received a letter from Kevin Shenkman, of the law firm Shenkman & Hughes, alleging that the City's at-large election system violated the California Voting Rights Act of 2001 (CVRA) on behalf of Southwest Voter Registration Education Project alleging violation of California Voting Rights Act demanding the city change to its at-large method of electing councilmembers.
The CVRA was adopted in 2002 and is based upon the Federal Voting Rights Act of 1965 (“FVRA”) with some important differences that make at-large election systems much more susceptible to legal challenge.
For a plaintiff to be successful in a claim of violation under the FVRA relating to at-large elections, the plaintiff must show that: 1) a minority group is sufficiently large and geographically compact to form a majority of the eligible voters in a single-member district; 2) there is racially-polarized voting; and 3) there is “white bloc voting” (the term used by the courts reviewing such cases) sufficient usually to prevent minority voters from electing candidates of their choice. If a plaintiff proves these three elements, then the federal court will consider whether, under the "totality of circumstances," the votes of minority voters are diluted by the at-large election system.
The CVRA removes two of these factors. It eliminates what is known as the “geographically compact” FVRA precondition (e.g., can a majority-minority district be drawn) as well as the “totality of the circumstances” or “reasonableness” test. Because the CVRA eliminates some of the elements that a plaintiff must prove, a lawsuit brought under the CVRA is substantially more difficult to defend than a claim under the FVRA. As a result of the lower threshold for proving a claim under the CVRA, many jurisdictions have voluntarily switched to district based election systems instead of facing litigation.
An “at-large” system of elections is subject to legal challenge under the CVRA if that method of election impairs the ability of a protected class to elect candidates of its choice or its ability to influence the
Second Public Hearing- Transition to District Elections - Staff Report 24
Second Public Hearing- Transition to District Elections - Staff Report outcome of the election, as a result of the dilution or the abridgment of the rights of the voters who are members of the protected class. The threshold of proof to establish a violation is low and does not require discriminatory intent.
Many dozens of cities and other public agencies in California have been sued under the CVRA. Prevailing CVRA plaintiffs are guaranteed to recover their attorneys’ fees and costs. With the exception of one case still in litigation, all public entities that have tried to contest the conversion to elections by district have either lost or have agreed to make the transition. In either instance, these jurisdictions have paid at least a portion of the plaintiff’s attorney’s fees and costs. Further, those cities that have litigated CVRA cases have paid millions of dollars in fees and were still forced to transition to by-district elections.
The Council met in closed session on October 26, 2021, to consider the litigation threat and held a public study session on November 2, 2021, to consider transitioning to district-based elections and whether to directly elect the mayor at-large. The Council concurred to transition to district elections with four districts and an at-large Mayor. At a regular Council meeting on November 9, 2021, the Council adopted Resolution 2021-096 outlining the city’s intent to change the City's system of election for the City Council from an at-large system to a district-based system by adoption of an ordinance. The district-based elections system will be in use in the City's General Municipal Election for City Councilmembers beginning in November 2022.
The City Council authorized the City Manager to retain legal, demographic, and communication services to assist the City in its transition to a district-based elections system for the election of City Council members. The City Manager retained the services of Hanson Bridgett LLP, who retained Redistricting Partners to assist the City in its transition to district-based elections by providing a detailed analysis of the City’s current demographics and other information or data necessary to prepare a draft map or maps that divide(s) the City into voting districts in a manner consistent with the intent and purpose of the CVRA, the Federal Voting Rights Act, and all other federal and state laws Analysis
The Council received a Pre-Map Presentation made by City Consultant Districting Partners on January 11, 2021. Since then, Staff continues working on creating educational material for the Belmont Community about the transition to district elections. Staff will focus on getting members of the public to fill out Community of Interest worksheets.
A Community of Interest, as defined by Article 21 Section 2d(4) of the California Constitution, is a group of people that: share common social or economic interests, live in a geographically definable area, and should be included within a single district for purposes of effective and fair representation in future City Council elections.
There are some Communities of Interest that are legally recognized “protected classes,” in that they have rights through State or Federal civil rights or voting rights law. Some examples of protected classes in districting include Latinx, Asian, or Black individuals.
There are other potential Communities of Interest that can also be considered in districting, such as: senior citizens, people who live in a particular neighborhood, people who share concerns such as parents with young children, bicycle enthusiasts, renters, and homeowners. However, Communities of Interest do not 25
Second Public Hearing- Transition to District Elections - Staff Report include relationships with political parties, incumbents, or political candidates.
Staff created a Community of Interest Form to assist with drawing district lines. Found on the Districting website District Elections | City of Belmont
Next Steps:
Staff will continue to focus on outreach to the Belmont Community, creating tools and opportunities for the public to provide input including but not limited with the following resources • Hold Community Workshop on February 19, 2022 on map input • Continue updating the dedicated districting website page • E-notification using a dedicated Districting GovDelivery notification tool • A Citywide mailer announcing upcoming events and meetings • Partnership with the Belmont Parks and Recreation for opportunities to distribute information at events where feasible due to current social gathering constraints. • Collaborating with the Chamber of Commerce and Belmont Library • Creating Pop-up information booths
• Social Media posts on the various Belmont social platforms • Raising a banner across Ralston Avenue
To receive additional information about by-district elections, or to ask questions, interested persons may contact City Clerk Jozi Plut at [email protected].
Alternatives
1. Provide Staff with direction
Attachments
A. Districting Partners PPT Presentation
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
City Council approved appropriation of $180,000 at its October 26, 2021 meeting that is to be incorporated as part of the midyear review for costs associated with this process.
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
26 27
2 2
Districting Process
January 25, 2022
28 City of Belmont • Year in Review • 3
3 Agenda
• The Process
• What is Districting
• What is Sequencing
• How the public can participate in the process
• Community outreach
• Map drawing tools
• Public Hearing Schedule
Things we will cover:
29 City of Belmont • Year in Review • 4
4 Districting is the initial process of creating election district boundaries. • These boundaries do not determine:
• How the city decides to govern. The city can still work to achieve goals that benefit the city as a whole rather than the interests of any single district. • How services or relationships between the city and the public are managed.
Definition
What is Districting
30 City of Belmont • Year in Review • 5
5 Districting is the initial process of creating election district boundaries. • These boundaries do determine:
• Eligibility to run for office – must live within boundaries to qualify for election. • Who votes in the election – only voters within the zone vote for their board member.
Definition
What is Districting
31 City of Belmont • Year in Review • 6
6 • Redistricting is the process of adjusting district lines every 10 years after the release of the US Census. The best known examples are Congress and the legislature. • Within the US, redistricting has become an extremely politicized process and been the subject of more high-profile Supreme Court decisions than any other part of our elections system.
What is Districting
32 City of Belmont • Year in Review • 7
7 It is the process of selecting when districts will be up for election. • City Council races are staggered
• TBD districts will be up for election in Nov. 2022
• TBD districts will be up for election in Nov. 2024
• Does not apply to the Mayor
• City Council shall give special consideration to the purposes of the California Voting Rights Act of 2001 (Protecting the ability of a protected class to elect candidates of its choice)
Definition
What is Sequencing
33 City of Belmont • Year in Review • 8
8 There are a number of criteria that have been used nationally and upheld by courts. • Relatively equal size - people, not citizens
• Contiguous – districts should not hop/jump
• Maintain “communities of interest”
• Follow city/county/local government lines
• Keep districts compact – appearance/function
Drawing New City Council Lines for Fair Representation
Traditional Districting Principles
34 City of Belmont • Year in Review • 9
9 • Communities of interest are the building blocks of districts. • A community of interest includes ethnic and language minorities and other groups. • Subjective
• Open-ended to be as inclusive as possible
• Communities covered by the Voting Rights Act
• Latinos
• Asians
• African Americans
While communities of interest may include race, it cannot be the predominant factor in drawing district boundaries.
Bringing like people together for representation
Communities of Interest
35 City of Belmont • Year in Review • 10
10 The Fair Maps Act explicitly prohibits these groups from being considered as communities of interest
• Political party affiliation
• Incumbents
• Political candidates
It also is hard, in redistricting to truly utilize:
• Groups of similarly minded people who do not share a similar geographic location or are citywide.
Preventing a Districting from becoming a Gerrymander
What is NOT a Community of Interest
36 City of Belmont • Year in Review • 11
11 • Does the community have a shared culture, characteristics or bond? • Is the community geographic in nature? Is the community able to be mapped?
• Describe the community’s relationship with the jurisdiction and how it is affected by the policy decisions made by the elected officials.
Three Critical Questions in Defining YOUR Community
Communities of Interest
37 City of Belmont • Year in Review • 12
12 • Input can be provided in public hearings
or using our “Community of Interest Survey
Form” on the City website.
Submitting Your COI Form
Community of Interest Forms
38 City of Belmont • Year in Review • 13
13 • Online Map Submissions will be
available in the coming month.
• Two types of expected input:
• Community of Interest Maps
• District Plans Based on 2020 Data
Map Submissions
39 City of Belmont • Year in Review • 14
14 City of Belmont Districting Schedule
Next Steps
• January 11, 2022 Public Hearing on Districting
• January 25, 2022 Public Hearing on Process
• February 8, 2022 Draft Map Presentation
• February 19, 2022 Outreach Presentation
• February 22, 2022 Second Draft Map Presentation
• March 8, 2022 Final Vote & Reading of Ordinance
40 City of Belmont • Year in Review • 15
15 Website:
https://www.belmont.gov/our-city/citygovernment/district-elections-2 Email:
[email protected]
Telephone:
(650) 595-7414
City of Belmont Districting
41 42
THANK YOU!
43 Committee Delegate/Rep Alternates Schedule Contact
2+2 Committee with Mid-Peninsula Water District
Stone
Hurt
n/a As Needed Public Works Diector
2+2+2 Committee
Discuss issues that affect the Elementary School
Stone
Mates
n/a As Needed City Manager
Audit Subcommittee Vice Mayor
Hurt
Quarterly Finance Director
Barrett Community Center Committee Lieberman
Mates
n/a As Needed City Manager/P&R
Director
Belmont-SC Fire Dept JPA Lieberman Stone
As Needed City Manager
(C/CAG) City/County Association of Governments
Boards Congestion Management Agency Hurt Mates
Monthly
2nd Thursday, 7:00 p.m..
650-599-1406
City Selection Subcommittee Mayor
Vice Mayor
As Needed
Cross Country Course Subcommittee Hurt
Stone
n/a As Needed City Manager/P&R
Director
Economic Development Subcommittee Lieberman
Mates
n/a
As Needed City Manager
Four Corners Ad Hoc Committee
Addressing traffic/circulation at Alameda/San Carlos
A C l Hi h
Stone
Lieberman
n/a As Needed City Manager
Liaison Senior Citizen Advisory Committee Stone Hurt
Odd Months
4th Tuesday, 3:00 P.M.
Parks and Rec
Liaison to Belmont Chamber of Commerce Stone
Mates
3rd Thurs, noon,
Motel 6
Mary Morrissey-Parden
Notre Dame de Namur University Advisory Board Hurt Mates As Needed City Manager
COUNCIL COMMITTEE AND INTERGOVERNMENTAL
ASSIGNMENTS-2020
44 Placemaking Subcommittee Hurt
Mates
n/a As Needed Com Dev
Public SafetyCommittee Vice Mayor
McCune
Hurt As Needed City Manager/Police Chief
Short-Term Rentals Stone
Lieberman
n/a As Needed City Attorney
Silicon Valley Clean Water
JPA for Waste Treatment Lieberman Hurt
Monthly,
3rd Monday, 8:00 a.m.
650-591-7121
Stanford AdHoc Committee Mayor Hurt
Youth Advisory Committee Stone
McCune n/a
As Needed Parks and Rec
San Mateo County Pre-Hospital Emergency Services
JPA Lieberman Stone
Quarterly City Manager
Peninsula Traffic Congestion Relief Alliance
Traffic issues Hurt Stone
Even months 3rd
Thursday, 8 am
ABAG General Assembly Representative
Regional planning agency for land use, housing,
environmental quality, and economic development Mayor Vice Mayor April, November General
Assembly Meetings
Peninsula Division, League of CA Cities
State and local legislative issues
(All Councilmembers invited)
Mayor Vice Mayor
Quarterly dinner meetings League of CA Cities
San Mateo County Mosquito and Vector Control
District
Independent Special District, keeps database on
mosquito sources
Citizen Representative:
Wade Leschyn
Term expires 12/22
n/a
Monthly 2nd Tuesday,
7:30 pm
650-344-8592
San Mateo County Library JPA
Policy direction, oversee budget, services & library
programs
Stone Mates
Quarterly plus one
2nd Monday, 8:00 A.M.
Ann-Marie Despaine,
Library Director
SFO Roundtable
Issues include Noise, Runway Configurations McCune Hurt 1st Wednesday of Month
6 x yr, 7:00 p.m.
James Casteñeda
(650) 363-1853
Joint Powers Authorities/Intergovernmental Agnecies
45 San Mateo County Emergency Service Council
Disaster Preparedness
Hurt McCune
Quarterly
3rd Thursday, 5:30 p.m.,
Courthouse
Lt. Craig Denton
(650) 599-1295
Kathleen Pape (650) 363-
4790
San Mateo County
Council of Cities/City Selection Committee
Guest Speakers, current issues
(All Councilmembers invited) Mayor Vice Mayor
Monthly-Dinner meeting
4th Friday, 6:00 p.m.
Sukhmani Purewal (650) 363-
1802
[email protected]
Regional Housing Needs Policy Committee
Stone Hurt
As Needed Carlos de Melo
Sandy Wong, C/CAG
Housing and Regional Trust (HEART) Member
Agency Committee Mates Stone
2-3 annually,
3rd Wed, 7:30 a.m.
HEART Exec Director,
(650) 204-5640
Grand Boulevard
Mates Vacant
2-3 times annually Carlos de Melo
Cal Mod (Caltrain Modernization) (LMPG)
Mcune Hurt
Last Thurs of Month
6-8 pm
(650) 508-6493
SBWMA (South Bay Waste Management Authority
– “Rethink Waste”) McCune Stone
4th Thursdays, 2:00 p.m.,
San Carlos Rethink Waste
(650)802-3510
Peninsula Clean Energy (PCE)
Mates Stone
4th Thursdays
6:30 p.m.
City Manager
Home For All Initiative
Mates Stone
As Needed City Manager
San Mateo Consolidated Fire Department
Lieberman Stone
Quarterly City Manager
Association of Bay Area Governments
Regional planning agency for land use, housing,
environmental quality, and economic development
Local Agency Formation Commission (LAFCO)
Authority over all reorganizations & boundary
changes within County
Bay Area Air Quality Management District
Works to reduce air contaminants within the District
THESE APPOINTMENTS ARE MADE BY THE CITY SELECTION COMMITTEE (Council of Cities):
46 Metropolitan Transportation Commission (MTC)
Reviews applications for state & federal
transportation funds, maintains regional
transportation plan for Bay Area
Community Development Committee
Reviews the needs & priorities for Community
Development Block Grant funds received by the
County
San Mateo County Transit District (Samtrans)
Set District Policies
2020 Peninsula Gateway Corridor
Technical Advisory Committee
Policy Advisory Committee
Congestion Management Program and
Environmental Quality Committee (CMEQ)
addresses environmental issues
National Pollutant Discharge Elimination Technical
Advisory Committee (NPDES)
THESE APPOINTMENTS ARE MADE THROUGH C/CAG:
Airport Land Use Committee (ALUC) Bicycle and Pedestrian Advisory Committee (BPAC) Congestion Management Program Technical
Advisory Committee (TAC)
Legislative Committee
Integrated Waste management (SWAC) Utilities Sustainability Task Force (USTF) California Identification System (Cal-ID)
Determine the placement of Random Access Network
equipment within the County
Peninsula Corridor Joint Powers Board (Caltrain)
Set policy for operation of Peninsula Commute
Service
Supplemental Law Enforcement Oversight
Committee
Review Supplemental Law Enforcement Service Fund
expenditures
Domestic Violence Council
Evaluate efforts to reduce domestic violence, raise
public awareness and collect statistics
San Mateo County Transportation Authority
(SAMTAC) Implement Measure A
HEART (Housing Endowment and Regional Trust)
Board
47