COMBINED AGENCY MEETING MINUTES
February 22, 2022
Regular Meeting of The City of Belmont City Council and Belmont Fire Protection District Board of Director
February 22, 2022
STUDY SESSION
CALL TO ORDER 6:35 PM
ATTENDED BY: Councilmembers Lieberman, Stone, Hurt, McCune, Mates State Legislative Advocacy for the City of Belmont
Dane Hutchings, Renne Public Policy Group (RPPG), provided a brief overview of the Governor’s Budget noting that the budget outlines $25 billion in discretionary surplus. He noted that more investment in infrastructure is proposed, he further stated that RPPG will position the City compete for the funds. He stated that funding is also slated for COVID response, climate action and green infrastructure, homelessness and housing and coating crime.
Mr. Hutchings stated that as of February 2022 781 new legislative bills were introduced and expectations are that over 1400 more will come. He noted that RPPG is creating a priority bill customized for the City. He also noted that early indicators show a legislative turnover due to 2022 ratified district maps and retirements.
He outlined legislation that may impact the function of the City including COVID-19 vaccine requirements, Housing, ADU’s and parking restrictions, transportation funding - including CEQA streamlining for projects, Brown Act reforms, and fire, flood and climate change. He explained deadlines for proposed legislation and noted that the FY 2023-2024 CA Budget must be signed by the Governor.
Mr. Hutchings provided a review of the Belmont State legislative Platform, he recommended that Belmont support funding opportunities provided to local jurisdiction through statewide bond efforts. He recommended the City review and evaluate legislation that directly ties production mandates to the reginal housing needs assessment process. He further recommended that Belmont support utilities legislation that provides fair and equitable rate structures for CCA customers including access to revenues through Power Charge Indifference Adjustment (PCIA) program.
In response to Councilmember Hurt, Mr. Hutchings stated that no new funding is allocated for broad band funding. He noted that site maps are being processed by the PUC for eligible areas to receive funding from last fiscal allocations. He noted that support for legislative funding to address gaps and digital equity and programs for digital inclusion can be added to the City’s Platform.
In response to Councilmember Lieberman, Mr. Husting stated that more local control for housing can be considered as a top legislative platform priority.
Council concluded the discussion.
ADJOURNMENT at this time being 6:58 PM
COMBINED AGENCY MEETING MINUTES
February 22, 2022
REGULAR MEETING
CALL TO ORDER: 7:00 PM
ROLL CALL
COUNCILMEMBERS PRESENT: Lieberman, Stone, Hurt, McCune, Mates COUNCILMEMBERS ABSENT: None
PLEDGE OF ALLEGIANCE
Led by Vice Mayor McCune
REPORT FROM CLOSED SESSION
City Attorney Rennie Stated that no closed session was agenized.
SPECIAL PRESENTATIONS
Proclamation Designating January 6th Eugene Goodman Day in the City of Belmont Mayor Mates read the proclamation.
San Mateo County Library System Annual Report
Anna Koch, Belmont Library Manager, provided an Annual San Mateo County Library Report.
She noted that 284 thousand are served by the library system. She discussed pivots the library system made to continue providing service during the COVID-19 Pandemic. She explained the services offered by the library system and its efforts to be an equitable service.
Council thanked Anna for her report and the services the Library system provides residents.
Natasha Flaherty, spoke in support of the SMC Library System.
San Mateo County "Choose Local SMC" Small Business Support Shopping App Don Cecil, San Mateo County Chamber of Commerce, provided a presentation the San Mateo County Choose Local SMC, he noted that the smart phone application is now available in all Sam Mateo County Cities. He noted that small businesses are often owned and employed by minorities.
He explained that the goal of the app is to divert some percentage of shopping away from a large chain or known online platform to a local option. He noted that there is no cost to the app on the business or user. He provided an overview of how the app works and invite the public to download the app.
ITEM TAKEN OUT OF ORDER AT THIS TIME BEING 7:36 PM
PUBLIC HEARINGS
Public Hearing for Transition from At-Large Elections to by District Elections for Council Seats and At-Larger Mayor
City Attorney Rennie provided an overview of the Districting Process stating that the City received a demand letter from the law firm of Shenkman and Hughes, representing Southwest Voter Registration Education Project and their members in Belmont alleging that Belmont’s At- Large System of electing Councilmembers is in violation of the California Voting Rights Act (CVRA).
COMBINED AGENCY MEETING MINUTES
February 22, 2022
He explained that the City has 45 days to announce its intention to transition out of an at-large to district election method. He further explained that it is easy for a plaintiff to establish a violation and are essentially guaranteed a payment of their attorney fees. He noted that the fees are in the millions of dollars and to date no City has successfully defended a lawsuit of this nature.
Attorney Rennie stated that at a November 2, 2021 the Council held a study session to discuss the option of transitioning to district based elections and at the November 9, 2021 announced its decision to transition district elections with a directly elected mayor. He noted that the short 135- day timeline would place Belmont to make the transition by December 19, 2021. He further explained that the City negotiated an extension of time with Mr. Shenkman on taking action. He noted that the process must be complete no later than April.
City Demographer Chafee, Redistricting Partners, provided a presentation on the districting principles. He explained that the nationally used criteria for drawing district maps and noted that the districts must be relatively equal in size, contiguous, maintain communities of interest, follow city, county and local government lines and districts must be kept compact in appearance and function.
He demonstrated the map drawing toll DistrictR. He noted that the tools used with DistrictR stem from the most recent censes information. He noted the public submissions for communities of interest and public maps received from the community and noted that over fifty community drawn maps were submitted.
Mayor Mates opened the public hearing.
The following provided Public Comments:
Natasha Flaherty, commented on candidate focus in election districts and ranked choice voting.
Jennifer, commented in opposition to district election in Belmont and At-Large Mayor.
Juan Phem, commented in support of district elections and Mayor At-Large.
Michelle LaPedis, commented in opposition to district elections and At-Large Mayor.
Deniz Bobol, commented in opposition to district elections and At-Large Mayor.
In response to Mayor Mates, City Attorney Rennie stated that incumbency may not be used as the basis when drawing district maps.
City Demographer further clarified stating that specific language in the Fair Maps Act states that incumbency or candidate location may not be a community of interest as part of the line drawing process.
Councilmember Hurt clarified her comments in a letter read at the November meeting, she stated that her letter stated her support for a five-district option. She further explained that she is open to the option of four districts and an elected mayor and can find that model to be more sensible.
COMBINED AGENCY MEETING MINUTES
February 22, 2022
City Demographer Chafee outlined the community maps and communities of interest submissions.
He noted that distinct themes emerged from community input in council meetings, the mapping workshop and online submissions; including uniting the Sterling Downs and Homeview neighborhoods, keeping Belmont Heights and Plateau Skymont areas whole, areas around parks and schools should be considered comminutes of interest and major throughfares in the city are not appropriate district boundaries. He outlined three draft maps for Council discussion. He concluded the presentation with next steps providing and upcoming public hearing schedule.
Council discussion ensued regarding the three draft maps. Council concurred on an east, west central model keeping with school district lines, keeping geographically diverse areas together.
Council concurred to hold an upcoming study session to further discuss the map selection.
City Attorney Rennie clarified that Council should make a its decision on district lines and term of the mayor at the next Council meeting and Public Hearing on March 8th to avoid running against the timeline.
Public Comments
Joanne Adamkewicz commented in regard to population growth in the Sterling Downs neighborhood and keeping the area as a community of interest.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
None
COUNCILMEMBER ANNOUNCEMENTS
Mayor Mates thanked the community for attending the Lunar Year celebration. She announced the continued recruitment for Youth Park and Recreation Commission. She announced the virtual State of the City Address in partnership with the San Mateo County and Belmont Chamber of Commerce to be held on March 9th at noon. She announced an upcoming Stanford a virtual informational meeting.
CONSENT BUSINESS
Resolution 2022- 011 Approving Plans and Specifications, Authorizing Advertisement for Sealed Bids, Authorizing the City Manager to Execute a Contract with The Lowest Responsible Bidder for An Amount Not to Exceed $275,000, Approving A FIFTEEN Percent Construction Contingency for The San Juan SEWER Pump Station Slope Repair Project, CCN 579 Resolutions 2022-012 Authorizing the City Manager to Execute Grant Contracts in The Total Amount Of $36,000 From CaLeVIP for the Construction Of Electronic Vehicle (EV) Charging At Belmont’s City Hall
Resolution 2022-013 Approving Plans and Technical Specifications, Authorizing the City To Advertise For Sealed Bids For The City Hall And Twin Pines Park Electric Vehicle (EV) Charging Project (CCN2022-610), And Authorizing The City Manager To Negotiate And Execute An Agreement For This Project With The Lowest Responsible Bidder For A Total Amount Not To Exceed $175,680 Plus A Ten Percent (10%) Contingency
COMBINED AGENCY MEETING MINUTES
February 22, 2022
In response to Councilmember Hurt, Parks and Recreation Director Shearer explained that EV charging stations are in line with the Parks and Recreation Master Plan and that the stations longevity may be affected by the placement of the underground catch basins proposed for Twin Pines Park.
ACTION: on a motion made by Councilmember McCune and seconded by Council Liberman the Consent Business items were unanimously approved by roll count vote (5-0)
GENERAL BUSINESS
Report on Mid-Year Financial Results as of December 31, 2021 (Continued from 2/8/2022) Finance Director Castaneda stated that the City received the first half a onetime American Rescue Plan (ARPA) funding allocated to municipalities. She noted that the second half will be received in the next fiscal year. She also noted that the funds helped recover some revenue loss during the COVID shutdowns. She explained that impacts to key revenues continue. She stated that property tax mitigation strategies are in place and the City is on target to meet them. She noted that continued action to maintain City service levels is needed.
Ms. Castaneda provided an overview of financial results and stated that the general fund balance is up over last year and clarified that it is due to the $3.2 million ARPA funds received. She noted that expenditures are 87% of the year-to-date budget indicating containment of expenditures. She noted that property tax is the top revenue source for the general fund. She also noted that in 2021 the property tax revenue dropped by 20% due to property tax in lieu of VLF and residual RDA property tax. She noted that sales tax and measure I sales tax are preforming to trend. She explained that hotel room tax experienced a 70% drop due to the pandemic and a slow recovery is anticipated.
Ms. Castaneda stated that the general fund expenditures for the first six months of the year are at or below the 50% mid-year mark indicating containment of expenditures. She explained that the general fund supports transfers to the recreation, development services, street maintenance and storm drainage funds. She briefly outlined the capital improvement plan stating that the 2020 and 2021 streets projects were completed. She further explained that significant ongoing contributions are made to Silcom Valley Clean Water (SVCW) for the RESCU program.
Ms. Castaneda provided an overview of the City’s fiscal sustainability she noted that $160 thousand dollars FEMA reimbursement was submitted of which $60 thousand was deemed ineligible by FEMA. She explained that ARPA funding received by the City is based on population and is a onetime $6.4 million allocation of which half was received in FY 2022.
Ms. Castaneda stated that Property Tax In-lieu of Vehicle License Fee (VLF) is higher than budget estimates. She further explained that VLF continues to be underfunded by the State for the third straight year; she added that when a school shifts to non-basic aid, additional funding is made available for VLF. She added that for FY 2022, the County currently estimates a $57 million shortfall of VLF due to one school district shifting to non-basic aid. She explained that the longterm trend continues to assume all school districts will convert to basic aid, which results in increasing VLF shortfall year-over-year.
COMBINED AGENCY MEETING MINUTES
February 22, 2022
Ms. Castaneda explained that impacts of the Residual RDA property tax, she stated that as a result of the 2020 Court of Appeals decision on the Chula Vista case that modified the mythology in calculating proportionate share of residual property tax that each taxing entity receives. She explained that the impact to the City is a $700 thousand per year general fund deficit and $900 thousand per year fire district deficit. She further explained that the decision is retroactive to fiscal year 2019.
Economic Development and Housing Manager Rose provided an overview of the Successor Agency Bond Defeasance. She noted that the City accelerated the dissolution of the Successor Agency and redirecting the property tax revenue dollars to the general fund. She noted that the dissolution will be finalized in June of 2022 and further explained that in FY 2023 and beyond, both the City and BFPD will see an increase in general property tax revenues.
Finance Director Castaneda summarized the City’s financial forecast stating that fund balances will drop due to revenues not keeping pace with expenditures. She explained that the due to the general fund dependency to few revenue resources and when those sources are impacted the drop consumes time to recover. She concluded stating that the City will continue community engagement to identify community service priorities and explore targeted, locally controlled revenue sources. She noted that the FY 2023 budget directive will reflect ongoing efforts to address financial sustainability efforts and City Council’s Strategic Focus Areas. She added that staff recommends Council adopt resolutions approving adding one full time equivalent staff in the Community Development department stating the need is due to increasing development activity.
Mayor Mates opened the item for discussion no member of the public cam forward.
In response to Councilmember McCune, City Manager Oskoui explained that the City is actively taking steps at the legislative level to address the VLF issues.
ACTION: On a motion made by Councilmember McCune and Seconded by Councilmember Stone Resolution 2022- 014 Amending the Fiscal Year 2022 Budget by Approving Revisions to Revenue and Authorizing Supplemental Appropriations
ACTION: on a motion made by Councilmember Stone and Seconded by Councilmember McCune the meeting was extended for 30 minutes by a roll call vote. (5-0) Disposable Food Service Ware Ordinance Amendment
Community Development Director de Melo provided a brief background ordinance he noted that in February 2020, the County Board of Supervisors adopted its Disposable Food Service Ware Ordinance, codified as San Mateo County Ordinance Code (SMCOC)_Chapter 4.107, regulating the use of disposable food service ware by food facilities. He noted that the county-wide model ordinance was available for cities to adopt and created uniformity and consistency via county-wide implementation. He further explained that in November 2020, the Belmont City Council unanimously adopted SMCOC Chapter 4.107 by reference with city amendments.
He further explained that October 2021, Governor Newsom signed into law AB 1200, which prohibits the sale or distribution of single-use foodware comprised of paper or other plant-based
COMBINED AGENCY MEETING MINUTES
February 22, 2022
natural fiber that contains intentionally added PFAS. He noted that AB 1200 goes into effect on January 1, 2023 and does not direct a specific entity to be the enforcement agency. He also noted that the San Mateo County Board of Supervisors repealed and replaced SMCOC Chapter 4.107 to align with the new State requirements on foodware in AB 1276 and AB 1200.
He explained that staff recommends Council adopt by reference the San Mateo County Ordinance Code Chapter 4.107 with city amendments regulating the use of disposable food service ware by food facilities and schedule a public hearing.
ACTION: On a motion made by Councilmember Hurt and Seconded Councilmember McCune a Public Hearing was set for March 22, 2022, the City Attorney read the title of the Ordinance into the record motion unanimously passed by roll call vote. (5-0)
BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
Councilmembers reported on their IGR assignments.
Verbal report from City Manager
City Manager Oskoui announced the Parks and Recreation open registration for summer camps.
He stated that the Parks and Recreation Commission will receive a PROS Master Plan status update at the March 2 meeting. He announced other parks and recreation programs and summer employment opportunities.
MATTERS OF INTEREST/CLARIFICATION
None
ADJOURNMENT at this time being 10:40 pm