Combined Agency Meeting Minutes
February 8, 2022
Meeting Minutes of Special and Regular Meetings of February 8, 2022 City Hall, One Twin Pines Lane, Belmont, California
ITEMS OF BUSINESS
CLOSED SESSION 5:45 PM
1. Conference with Legal Counsel - Significant Exposure to Litigation (Gov’t Code Section 54956.9(d)(2)), one matter
Letter from David Blackwell, Esq. dated August 13, 2021, on behalf of CP VII 815 Belmont LLC protesting the imposition of the City's traffic impact fee on the project located at 815 Old County Road.
2. Conference with Conference With Labor Negotiators (Govt Code Section 54957.6 ) Agency designated representatives: Afshin Oskoui, City Manager; Employee organization:
Mid-Management Confidential Employees Association (MMCEA) ATTENDED BY: Councilmembers Lieberman, Stone, Hurt, McCune, Mates ADJOURNMENT at this time being 6:10 pm
STUDY SESSION 6:15 PM
Review of Fiscal Impact Study and Options for Development of a City Services Community Facilities District
Finance Director Castaneda stated that the City is exploring a Community Facilities District (CFD) formation to help fund essential City services for new development projects. She explained that the proposed structure is to be paid by new construction with no impact on existing property owners. She noted that with increasing development in the City and new housing unit requirements the City updated its development impact faces, park and park in-lieu fee and adopted a new traffic impact fees. She explained that the fees are restricted to fund only capital project. She further explained that the CFD would compliment funding essential operating and maintenance needs for new development projects.
Chris Lynch, Jones Hall provided a background on CFD funding of Public Services, he noted that that the districts are not benefit based, must go through a defined approval mechanism and must fund defined services. Mr. Lynch provided an overview of CFD and future annexation area formation process.
Sara Mares, NBS, provided a fiscal impact and CFD funding of public services analysis, she noted that the analysis projected to future development through 2050. She noted that CFD special tax rates would apply only to future development in the City. She further noted that CFD special taxes would not apply to affordable housing, commercial and industrial development. She outlined CFD formation next steps.
In response to Councilmember McCune City Manager Oskoui stated that new accessory dwelling unites affected by the CFD is a future Council policy discussion. City Attorney Rennie clarified Combined Agency Meeting Minutes
February 8, 2022
that CA State ADU legislation would treat an ADU as an extension of an existing unit and not considered as a new unit for this purpose.
In response to Councilmember Lieberman, City Attorney Rennie stated that a single family home rebuild project does not change the demand for services on a dwelling unit basis.
In response to Councilmember Stone, City Attorney confirmed that the proposed CFD would be imposed on new development that intensifies.
Email comments received from, Tim Strinden, Kristen Mercer, Judi Allen ATTENDED BY: Councilmembers Lieberman, Stone, Hurt, McCune, Mates
ADJOURNMENT at this time being 6:45 pm.
Jozi Plut
City Clerk
REGULAR MEETING
CALL TO ORDER 7:00 P.M.
ROLL CALL
COUNCILMEMBERS PRESENT: Lieberman, Stone, Hurt, McCune, Mates COUNCILMEMBERS ABSENT: NONE
PLEDGE OF ALLEGIANCE
Led by Councilmember Hurt
REPORT FROM CLOSED SESSION
City Attorney Rennie stated that there are no reportable actions from an earlier held closed session.
SPECIAL PRESENTATIONS
None
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Max Reinhardt, commented on undeveloped land and improvement map in the San Juan area.
COUNCILMEMBER ANNOUNCEMENTS
Councilmember Stone announced that the Save the Music festival will take place in April.
Councilmember McCune stated that the West Bay Community Band of which he is a member will perform at the Save the Music festival.
Combined Agency Meeting Minutes
February 8, 2022
Council Member Hurt announced that the Domini Hoskins Museum of Black History is on display in Redwood City.
Mayor Mates announced that the Youth Commission application recruitment is ongoing, she announced the upcoming districting map workshop, and informational pop-up locations, and the upcoming Lunar New Year celebration at City Hall.
CONSENT BUSINESS
Resolution 2022-007 Making Findings for Continued Use of Fully Virtual Meetings and Directing Citizen Advisory Bodies to Make Consistent Findings
Resolution 2022-008 Authorizing the City Manager to Negotiate and Execute Task Orders with HdL Companies for Revenue, Audit and Recovery Services for Sales, Use and Transaction Tax and Business License Tax
Resolution 2022-009 Authorizing an Amendment to The Rates in The City’s Agreement with Burke, Williams & Sorensen LLP to Procure Legal Services Resolution 2022-010 Approving A Memorandum of Understanding Between the City of Belmont and The American Federation of State, County and Municipal Employees (AFSCME) Recommendation: Adopt A Resolution Approving the Memorandum of Understanding Between the City of Belmont and AFSCME. The Memorandum of Understanding Is a Three-and One-HalfYear Agreement for The Term of January 1, 2022, Through June 30, 2025.
ACTION: On a motion made by Councilmember McCune and Seconded by Councilmember Hurt the Consent Business was unanimously approved. (5-0)
ITEMS TAKEN OUT OF ORDER
MATTERS OF INTEREST/CLARIFICATION
Resolution Proclaiming January 6 “Eugene Goodman Day” in Belmont (Councilmembers Davina Hurt and Charles Stone)
Councilmember Stone explained that he and Councilmember Hurt request the Council consider a proclamation at a subsequent meeting declaring January 6th Eugene Goodman Day in Belmont. He also noted that Officer Goodman is a veteran of the US Army and served in the Belmont adopted 101st Airborne. He noted that stated that United States Capital Office Eugene Goodman demonstrated the values of democracy during the events of January 2, 2022, at the State Capital and saved lives.
Councilmember Hurt noted that February is Black History Month and often the celebrated individuals are those that have passed. She explained that Mr. Goodman embodies what it is to be an American and is fitting to honor him.
Council concurred to support Councilmember Hurt and Stone’s request.
Creation of an Honorary City Historian Position (Mayor Julia Mates) Mayor Mates requested including on an upcoming Council agenda a discussion to create a position of City Historian. She explained that Belmont has a Historical Society, with information on the city’s long and diverse history. She also noted that there are interested residents and individuals Combined Agency Meeting Minutes
February 8, 2022
who collect and preserve Belmont’s past and that it would be beneficial to formalize that history with an individual who can convey through events, presentations, and creative mechanisms.
Councilmember Lieberman suggested the appointment of Deny Lawhern as honorary Historian.
Councilmember Stone commented on the records digitizing work Sam Hosmer provided to the Belmont Historical Society.
Karl Mittelstadt, Belmont Historical Society, commented in support of the creation of an Honorary Belmont Historian.
Mayor Mates closed the discussion, Council concurred to add the item for consideration at a future meeting.
PUBLIC HEARINGS
Third Public Hearing for Transition from At-Large Elections to By District Elections for Council Seats and At Large Mayor – Draft Map Presentation Chris Chaffee, Redistricting Partners, provided a presentation on the districting principles for election districts. He explained that there are a number of criteria that are used nationally and upheld by the courts to draw new City Council lines for fair representation. He noted that with the information from the census, districts should be relatively equal size of people not citizens. He added that districts should be contiguous and maintain communities of interest. He noted that communities of interest are the guiding principle of the districting. He further explained that the district lines should follow neighborhood/local governance lines and should be compact in appearance and function.
He demonstrated the DistrictR tool for drawing district maps, He provided an overview of maps received from the community stating that to date seventeen maps were submitted. He provided an overview of three draft maps for consideration. He concluded the presentation with an overview of next steps, including additional public hearings schedule.
In response to Council questions Mr. Chafee stated that communities of interest are subjective and can be defined with geographic or economic interest and may be as small as a shopping center of school area or as large as an entire city neighborhood.
Council discussion ensued on community outreach and engagement; council concurred that outreach is key to successfully drawn districts.
City Manager Oskoui explained the City’s community outreach efforts to date and stated that more pop-up booths and a community workshop are planned.
Mayor Mats opened the public hearing.
The following came forward to speak
Margo, commented on the City’s outreach effects she commented in opposition of districting.
Combined Agency Meeting Minutes
February 8, 2022
Joanne Adamkewicz, commented on communities of interest in the Sterling and Homeview neighborhoods.
Terri Cook, commented on communities of interest, she noted that there are distinct neighborhoods in the City of Belmont that should stay intact.
Karen, Belmont resident commented in regard to communities of interest in the Sterling Downs neighborhood.
Mark Gurevich commented on the mapping tool, communities of interest and selection of districts process.
Mayor Mates closed the Public Hearing.
City Attorney provided an overview of the at large election’s lawsuit brought against the City. He explained that the City is being sued for violation of the California a Voting Rights Act of 2001(CVRA). He further noted that the legislation is written in a way that provides ease for a plaintiff to win the suit and imposing the plaintiff’s attorney fees on the City. He explained that no City’s has been successful to defend the allegations.
In response to Council questions, Mr. Chafee stated that districts may not be drawn primarily on race unless able to meet the compact minority group that makes up fifty percent of a district, must historically vote in the same way and for the same candidates, and the majority surrounding the group must vote for a different candidate blocking their candidate of choice. He noted that if the three “Jingles Tests” are met than a section 2 seat must be created predominately drawn based on race. He further explained that in Belmont there is not a compact area Latino, Asian or African American by citizen voting age population, thus not being able to meet the first prong of the “Jingles Test”. He noted that race may be used as a secondary or tertiary or a cultural standpoint as the binding element to create a traditional community of interest while using other elements to draw district lines to be in compliance with the CVRA.
Council discussion ensued regarding identifying communities of interest in Belmont, Council concurred that Sterling Downs and Homeview neighborhoods can be considered as communities of interest. The Council further agreed that East Belmont should stay intact with in a district.
Council discussion ensued regarding the DistrictR map drawing tool and provided input to City Consultant Redistricting Partners on drawing district lines. Council concurred that Ralston Avenue should not be used as a delineation of districts lines.
Council concurred to further enhance public outreach on the districting process and suggested engaging community partners to assist.
Council discussion concluded.
Combined Agency Meeting Minutes
February 8, 2022
GENERAL BUSINESS
ITEMS TAKEN OUT OF ORDER
Energy Reach/EV Infrastructure Code Update
Community Development Director de Melo explained that REACH Codes are local enhancements and amendments to state building codes as part of the State’s 3-year building code cycle. He noted that Peninsula Clean Energy initiatives are aimed at improved economic and energy performance for new construction. He further explained that REACH codes are targeted to address building electrification for reduced use of natural gas and electric vehicle (EV) charging for increased EV readiness. He explained building code options including a natural gas ban, all-electric required with limited gas use or choice of all electric or high efficiency mixed fuel. He noted that the 2022 model California energy code is anticipated to be electric preferred.
He outlined the preferred EV code options, he noted that the focus is on speed levels, readinessEV capable, EV Ready and EV charging stations and number of spaces required to be outfitted.
Mr. de Melo stated that 50 California cities adopted reach codes in 2019, he briefly outlined Reach Code exemptions in both residential and non-residential uses and outlined new building construction reach code recommendations. He noted that they include requiring new multifamily and commercial building be all electric with exemptions, require all exempted appliances have electrical pre-wiring to accommodate a future electric appliance, consider extending the Reach Code requirement to all new single-family dwellings and consider potential exemptions. He noted that potential exemptions for pharmaceuticals/medical labs that use flame and restaurant and hotel banquet kitchens.
Mr. de Melo provided an overview of EV infrastructure recommendations for residential and nonresidential projects. He concluded with an overview of the potential Reach Code development timeline noting that the building code be implemented in January of 2023.
Council discussion ensued.
In response to Council questions Farhad Farahmand, TRC representing PCE, stated that the PCE 2022 model recommendations go above the California State recommendation preferring electric appliance to meet greenhouse gas emission targets.
Public speakers
Margo provided comments on her single-family energy bill.
March Gurevich commented on EV charger levels at multifamily dwellings.
Councilmember McCune and Lieberman noted that cost, liability and pace of renewables cause hesitation on single fuel requirements.
Council concurred to move on an ordinance change in advance of 2022 Code Cycle with staff recommendations and exceptions. Council also concurred to add more level 2 EV charging.
Combined Agency Meeting Minutes
February 8, 2022
ACTION: Motion to extend the meeting 30 minutes was approved by roll call vote. (5-0) Report on Mid-Year Financial Results as of December 31, 2021 ACTION: On a motion made by Councilmember Lieberman and Seconded by Councilmember McCune the Report on Mid-Year Financial Results as of December 31, 2021, was deferred to the February 22, 2022 meeting.
BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
Report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments Councilmembers reported on their IGR Assignments.
Report from City Manager
City Manager Oskoui stated that many events are planned by Park & Recreation for the coming months and invited the public to visit the City’s website for more details.
Adjournment at this time being 10:45 pm
Jozi Plut
City Clerk