Combined Agency Meeting Minutes
April 26, 2022
Meeting Minutes of the Special and Regular Meeting of April 26, 2022 of the Belmont City Council and Belmont Fire protection District
City Council Chambers, City Hall, One Twin Pines Lane, Belmont, California CALL TO ORDER: 5:45 PM
ATTENDED BY: Councilmembers Lieberman (via Zoom), Stone, Hurt, McCune, Mates
CLOSED SESSION
Mayor Mates opened public comment no member of the public came forward to speak.
1. 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) ADJOURNMENT at this time being 6:10 pm
STUDY SESSION
CALL TO ORDER 6:15 pm
ATTENDED BY: Councilmembers Lieberman (via Zoom), Stone, Hurt, McCune, Mates Housing Element 2023-2030 Review of Draft Housing Opportunity Sites, Fair Housing Assessment, and Draft Programs
Diana Elrod, City Consultant provided an overview of the 1968 Fair Housing Act, noting that it was designed to prohibit discrimination concerning the sale and financing of housing. She also provided an overview of the 218 Assembly Bill 686 defined as Affirmatively Furthering Fair Housing (AFFH). She outlined the AFFH public input and reaching underrepresented groups are requirements and explained how Belmont is meeting the requirements.
Ms. Elrod stated that Belmont struggles to provide housing affordability She provided feedback from a Belmont AFFH survey noting the top housing challenges being affordability, home or apartment too small for entire family and retaliation concerns when requesting repairs. She further noted top neighborhood challenges including lack of sidewalks, walking areas and access to public transit.
Ms. Elrod outlined the AFFH goals, polices, and actions. She stated that The Housing Element must include programs and policies that support development of new housing units across all income levels.
Ms. Rose provided an overview of Reginal Housing Needs Assessment (RHNA) activity in Belmont noting that Belmont is experiencing a development activity uptick, she noted that the Belmont RHNA requirement is 468 and currently 508 units received building permits. She further noted that ADU’s are considered moderate income housing and about ten are approved per year in Belmont. She noted that more housing is needed outlined potential future sites. Ms. Rose outlined the next steps noting upcoming meetings and anticipated Planning Commission Study Session.
Combined Agency Meeting Minutes
April 26, 2022
Council concurred that Belmont is on the right track. Council concurred that further progress is needed including increasing housing choices for homebuyers and renters of all income levels is necessary.
ADJOURNMENT at this time being 7:00 pm
Jozi Plut
City Clerk
CALL TO ORDER: 7:03 PM
ROLL CALL
COUNCILMEMBERS PRESENT: Stone, Lieberman (via Zoom), Hurt, McCune, Mates
PLEDGE OF ALLEGIANCE
Led by Mayor Mates
REPORT FROM CLOSED SESSION
City Attorney Rennie stated that there are no reportable actions from the previously held closed session.
SPECIAL PRESENTATIONS
Proclamation Celebrating April 29th as Arbor Day
Mayor Mates read the proclamation.
Earth Day Art Contest Participation Acknowledgment
Mayor Mates presented certificates to participants of the children’s poster art contest; Elena Woo, Emily Shagong, Lila Ree Sammy Kate Balster, Sofie Khandelwal (winner of the contest)
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Shelly Patel, commented in support on cannabis retail Belmont.
COUNCILMEMBER ANNOUNCEMENTS
Mayor Mates announced that she attended the School Force Celebrate the Music event and thanked all involved.
Councilmember Stone concurred with Mayor Mates and invited the public to consider volunteering for the event next year. He recognized the Parks and Recreation Egg Adventure Event and the Public Works Earth Day event.
Councilmember Hurt stated that she moderated a San Mateo County event to end homelessness and invited the public to watch the event on the San Mateo County website.
Mayor Mates announced the upcoming Slice House Pizza restaurant grand opening event.
Combined Agency Meeting Minutes
April 26, 2022
CONSENT BUSINESS
Approve Minutes of the Special and Regular Meeting Oct 12, 2022 Minutes of the Special and Regular Meeting October 26, 2022 Minutes of the Special Meeting Nov. 2, 2022 Minutes of the Special and Regular Meeting Nov. 9, 2022
Approve Monthly Financial Reports March 2022
Ordinance 2022-1164 codifying District-Based Elections established by Ordinance No 2022- 1162, establishing the sequence of Councilmember elections by-Districts, setting the term and initial election date for the elective Mayor, and reorganizing the city Code to incorporate the change in method of Council elections
Resolution 2022-029 directing the city manager to establish a new 2-year pilot program allowing dogs off-leash at Barrett Community Center with reduced hours Resolution 2022-030 Summarily Vacating A 5-Foot Sanitary Sewer Construction and Maintenance Easement Across a Portion of Lot 29 And Lot 28, Block 121 In The Belmont Country Club Properties Subdivision No. 10 (3700 Naughton Avenue) Resolution 2022-031 Authorizing the City Manager to Enter Into a Cost Sharing Agreement With CP VII 815 Belmont Llc (Developer) For The Replacement of the Sewer Main Along Hiller Street in the Amount of $1,671,279.
Resolution 2022-032 authorizing an amendment to the City’s agreement with Bertrand, Fox, Elliot, Osman and Wenzel for legal services and the procurement of legal services at the rates set forth in the attachment to the resolution
Comments on Consent items:
Councilmember Hurt suggested expanding to other areas beside Barrett and Cipriani for off-leash use.
Parks and Recreation Director Shearer stated that an area of Twin Pines Park is begin assessed for off leash use.
Councilmember Stone stated the proposed area is not ideal due to automobile traffic.
Public Comment
Ruth Marinshaw, commented in support of Barrett of-leash use.
Jessie, commented in support of Barret of-leash use.
Email correspondence received regarding council minutes.
City Attorney read the title of Ordinance 2022-1164 codifying District-Based Elections established by Ordinance No 2022-1162, establishing the sequence of Councilmember elections by-Districts, setting the term and initial election date for the elective Mayor, and reorganizing the city Code to incorporate the change in method of Council elections; ACTION: On a motion made by Councilmember Stone, seconded by Council member Hurt the consent business was unanimously approved as amended by a roll call vote. (5-0)
ITEMS REMOVED FROM THE CONSENT BUSINESS FOR SEPARATE
CONSIDERATION
Combined Agency Meeting Minutes
April 26, 2022
Resolution Establishing A Volunteer Position Of City Historian And Appointing Karl Mittelstadt To Serve As The First City Historian For Belmont For A 3-Year Term Councilmember Lieberman stated that he supports consideration naming Denny Lawhern as honorary historian.
Council concurred with the suggested honorable mention.
City Attorney Rennie stated staff will amend the resolution for Council consideration at a subsequent meeting.
Councilmembers Hurt suggested language change in the resolution from Native American to Indigenous People and requested that the item returns on a portion of the agenda for deliberation.
Email correspondence was received regarding council minutes and City Historian.
PUBLIC HEARINGS (None)
GENERAL BUSINESS
Introduction of Age-Friendly City Initiative and Establishment of Task Force Parks and Recreation Director Shearer stated that the City is seeking designation as an AgeFriendly City, she noted that the designation demonstrates to the community and commits the City to implement improvements to quality of life of the aging population. She noted that the City is seeking participants for upcoming focus groups.
Cynthia Nakayama, Deputy Director, Center for Age Friendly Excellence (CAFE) provided an overview of San Mateo County age friendly efforts of age friendly cities and communities. She explained that the groups initiative is to create healthy, active, sustainable and engaged intergenerational communities.
In response to Councilmember McCune, Ms. Nakayama stated that there is no guarantee for additional funding to Cities as a result of adopting the Age-Friendly City Initiative.
ACTION: On a motion made by Councilmember Stone and seconded by Councilmember Hurt Resolution 2022- 033 to accept the Center for Age-Friendly Excellence’s assistance in applying for the Age-Friendly Communities certification under the AARP/World Health Organization’s Network of Age-Friendly Communities and establishing an Age-Friendly Communities Task Force to assist staff in overseeing the process was approved by a role call vote. (5-0) Return to Fully Virtual Meetings May
City Attorney Rennie stated that Council can provide direction on continuing conducting in person meeting or returning to virtual only. He noted that there are indicators in the County that the emerging COVID variant B2A may create another potential outbreak.
Council discussion ensued.
Combined Agency Meeting Minutes
April 26, 2022
In response to Councilmember McCune, City Attorney Rennie stated that justifying teleconferencing is viable if an imminent hazard is identified to attendees or if state and local officials continue to promote physical distancing as a COVID prevention strategy.
Public Comment
Ruth Marinshaw commented in support of continuation public participation meetings in public and virtual form.
Council concurred to amend the resolution to continue meeting in a hybrid format allowing for in person and virtual opportunities for staff and public participation.
Resolution language amended in section 1: The Council has examined the circumstances of the state of emergency and finds that the state and local officials currently recommend measures to promote social distancing.
ACTION: On a motion made by Councilmember McCune and seconded by Councilmember Stone Resolution 2022-034 Finding That as A Result of The Covid-19 Statewide Emergency, That State And Local Officials Continue To Recommend Measures To Promote Social Distancing, And Directing The Council's Citizen Advisory Bodies To Make Consistent Findings was unanimously approved as amended by a roll call vote. (5-0)
Energy Reach /EV Infrastructure Code Amendments
Community Development Director de Melo noted that the Council last considered the item in February of 2022 and provided language changes to staff to incorporate into the ordinance. He briefly defined Rach Codes noting that reach codes are local enhancements to state building code which cities adopt as part of the State’s 3-year building cycle. He explained the collaboration with Peninsula Clean Energy (PCE) initiative aimed at improved economic and energy performance for new construction. He further noted that the Reach Codes address building electrification reducing use of natural and increased electric vehicle (EV) charging readiness.
He provided a review on the Energy Reach & EV Infrastructure code amendments which would require new multifamily and commercial buildings to be all- electric with some exceptions, require all exempted appliances have electrical pre-wiring to accommodate a future electric appliance, and require all new Single-Family Dwellings (SFD) be all-electric. He noted exemptions for pharmaceuticals and medical labs that must use flame; restaurant and hotel banquet kitchens that use certain type of cooking; can use fuel/gas for commercial drying; and commercial buildings where infeasible or economically unjustifiable. He identified the EV infrastructure recommendations for residential and non-residential and office and non-office bildings.
Council discussion ensued.
Mayor Mates opened the public hearing.
Public Comments in support of adoption of Reach Codes provided by Diane Bailey, Terry Nagel
Combined Agency Meeting Minutes
April 26, 2022
Email comments received
Jennifer Hennings
Mayor Mates closed the public hearing.
Councilmember McCune stated support for electric vehicle charging and certain types of appliances. He noted concerns with the economics of the all-electric buildings. He expressed concern with the financial analysis and assumptions provided. He expressed concern with not allowing exemptions for affordable housing. He expressed concern with safety and reliability with all electric homes in regard to the possibility of lengthy outages. He stated concern with regulation he noted that the state process is sufficient over by city regulation. He does not support Belmont becoming an early adopter of technologies that are not mainstream.
Councilmember Hurt stated support for acting aggressively toward a zero-emission future.
Councilmember Stone stated that hard actions are necessary.
Councilmember Lieberman concurred with concerns that not providing exemptions to affordable housing and the PG&E cost structure that will follow.
ACTION: On a motion made by Councilmember Hurt and seconded by Councilmember Stone Council made Express Findings That Modifications to the 2019 California Green Building Standards Code by Reference as Amended with Local Reach Energy Standards are Reasonably Necessary Due to Local Conditions by a roll call vote. (4-1) Refinancing of Sewer Treatment Facility Revenue Bonds, Series 2009A Finance Director Castaneda stated that the city continually monitors sewer treatment facility revenues to ensure that they are sufficient for debt serves payments and obligations to Silicon Valley Clean Water. She noted that the charge became effective in 2011 and no increases were made to the charge. She explained the repayment model and noted that in FY 2028 the City is scheduled to make more payments and explained that the refinancing of the bonds will effectually assist in the repayment. She noted that in doing so the City will save in total of 3.5 million dollars in debt service.
City Consultant Jaime Trejo, PFM, Financial Advisors, outlined the debt service funding strategy.
He stated that under current assumptions, sewer treatment facility revenues are projected to be sufficient for at least the next five fiscal years. He explained that in FY 2027-28, net sewer treatment facility revenues are conservatively projected to be less than the projected annual debt service on the City’s sewer treatment facility debt. City staff and its financial advisor identified opportunities in the City’s debt profile to lower debt service payments by refunding outstanding 2009A debt and contribute available reserves to the defeasement on the 2009A bonds. He stated that refunding will postpone the need to raise sewer treatment facility charges keeping sewer treatment facility charges at their current levels through 2034. He noted that City staff and its financial advisor will monitor opportunities in the City’s debt profile to lower debt service payments.
Combined Agency Meeting Minutes
April 26, 2022
Recess to JPFA Meeting: 9:50 pm
Reconvene City Council meeting 9:51 pm
ACTION: on a motion made by Councilmember Stone and seconded by Councilmember Hurt Resolution 2022- 035 Appropriating $913,100 of Available Fund Balance in The Sewer Facility Treatment Fund Toward Refinancing of an Outstanding Installment Payment Obligation Payable from Sewer Treatment Facility Revenues and Related Bonds of the Belmont Joint Powers Financing Authority and,
Resolution 2022-036 Approving a Refinancing of an Outstanding Installment Payment Obligation Payable from Sewer Treatment Facility Revenues and Related Bonds of the Belmont Joint Powers Financing Authority, Approving an Installment Purchase Agreement and Other Financing Documents, and Authorizing Related Actions were approved by roll call vote. (5-0) Military Equipment Policy
Police Chief Stenquist provided a review Belmont Police Department - Draft Military Equipment Policy 710 he explained that on January 1, 2022 AB 481 (Military Equipment Use Law) became law intending to provide safeguards for the public around the use of military equipment within the community. He explained that the department has equipment which falls under the AB 481 definition of military equipment and stated that the Belmont Police Department does not posse or has requested any military equipment Granted by the Department of Defense. He noted that equipment shared regionally or by county was included in the Belmont policy for transparency.
He outlined the law and explained that the department will report annually on all equipment it poses.
In response to Council questions Chief Stenquist stated that Council approval is required if the department will purchase such equipment. He noted that bomb defusing equipment and drones used to conduct missing person is considered military equipment under this law.
Public Comment provided by
Deborah Leschyn, commented in opposition to the military equipment policy Nancy Rabe, commented on transparency
Council Concluded the discussion
BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
Councilmembers reported on their assignments.
Councilmember Stone commented the Police Department immediate and structured response on the recent shooting near Carlmont Hight School
Verbal report from City Manager
City Manager Oskoui announced a working group meeting for the Alameda Corridor Project (4 Corners) He alerted the community to the various construction cities in the city. Scholarships and Combined Agency Meeting Minutes
April 26, 2022
grant opportunities available through Belmont Parks. He announced that Public Works/Community Development administrative assistant was honored with an Leadership Award from the American Public Works Association (APWA) for her work with Environmental Sustainability Programs.
MATTERS OF INTEREST/CLARIFICATION
None
ADJOURNMENT at this time being 10:20 pm in memory of Steven Nelson, Belmont Sports Leader and volunteer and longtime community member Diana Proser.
Jozi Plut, CMC
City Clerk