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
A. Proclamation Declaring the Month of April National Poetry Month
5. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, March 28, 2023
7:00 PM
City Council Chambers
City Hall, One Twin Pines Lane, Belmont, California
MEETING PARTICIPATION:
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 Chambers and address the Council from the Chambers.
PUBLIC COMMENT:
Members of the public may provide comments by joining the meeting via Zoom: visit https://belmont-gov.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 Committee Chair.
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.
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 1 6. COUNCILMEMBER ANNOUNCEMENTS
7. CONSENT BUSINESS
A. Approval of Minutes
B. Monthly Financial Reports - February
C. Personnel Designation When Seeking Financial Assistance following a Disaster D. Award of Contract to Bear Electric Solutions Inc. for the Ralston Avenue Adaptive Signal Control Technology System Project, Cabinet Relocation E. Authorize Participation in Upcoming and Future National Opioid Litigation Settlements
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.
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.
Recommendation: Approve City Council and Fire Protection meeting minutes as presented.
Attachment(s):
City Council Regular Meeting February 28, 20232
City Council Special Meeting March 2, 2023-Strategic Workshop BFPD Meeting Minutes February 28.2023
City Council Special and Regular Meeting March 14, 2023 BFPD Meeting Minutes March 14, 2023
Recommendation: Motion to Receive Monthly Financial Reports Attachment(s):
Monthly Financial Reports - February
Recommendation: Adopt a Resolution Designating Personnel to Act as an Agent for the City of Belmont and the Belmont Fire Protection District (BFPD) when seeking Financial Assistance after a Disaster
Attachment(s):
Staff Report
Resolution
Cal-OES-130-Resolution
Personnel Designation When Seeking Financial Assistance following a Disaster - Fire District Resolution
Recommendation: Adopt a resolution awarding the contract to Bear Electric Solutions Inc. for $355,000, plus a ten percent construction contingency of $35,500, for a total amount not to exceed $390,500 and authorize the City Manager to execute a contract with Bear Electric Solutions Inc. for the Ralston Avenue Adaptive Signal Control Technology System Project, Cabinet Relocation, City Contract Number 2023-623
Attachment(s):
Staff Report
Resolution
Recommendation:
2 F. Proclamation of Local Emergency From Continuing Storms
8. PUBLIC HEARINGS
9. GENERAL BUSINESS
A. Standard Conditions of Approval for Large Development Projects Adopt a resolution authorizing the City Manager to sign the necessary documents for the City of Belmont to participate in upcoming and future National Prescription Opiate Litigation Settlements
Attachment(s):
Staff Report
Resolution
Recommendation:
Adopt a resolution:
(1) ratifying the director of emergency services’ proclamation of local emergency and proclaiming a local emergency due to recent and on-going storms and high wind, (2) approving the order of succession for the director of emergency services as set for in the director’s proclamation,
(3) Authorizing the city manager to execute and file applications and agreements for the city to receive state or federal financial assistance and to execute any applications or agreements on behalf of or for the purpose of authorizing or assisting the San Mateo Consolidated Fire Department in obtaining state or federal financial assistance related to this local emergency. (4) Requesting that the Governor of California include the city and the Belmont Fire Protection District in state emergency declarations and that the city and district be included in federal emergency declarations, that the Governor waive regulations that may hinder the response and recovery efforts, and make available to the City of Belmont, the District and all eligible community members, businesses and service providers all relevant state and federal disaster assistance funds including California Disaster Assistance Act and State Private Nonprofit Organization Assistance Program funds
Attachment(s):
Staff Report
Resolution
City Manager's Emergency Proclamation
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.
Recommendation: Adopt a resolution adopting a list of standard conditions of approval for large development projects. Provide direction to staff regarding the update process for revisions to the adopted list.
Attachment(s):
Staff Report
Resolution
Mitigation Measure Standard COA Agreement Form
3 10. BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
11. MATTERS OF INTEREST/CLARIFICATION
12. ADJOURNMENT
Standard Conditions of Approval
PC Reso
A. Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
B. Verbal report from City Manager
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.
If you need assistance to participate in this meeting, please contact the City Clerk at (650) 595-7413. 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 staf reports will be posted to 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 Of ice, One Twin Pines Lane, during normal business hours and at the Council Chambers at City Hall, Second Floor, during the meeting. 4 Combined Agency Agenda
Meeting Minutes
February 28, 2023
MEETING MINUTES OF CITY OF BELMONT CITY COUNCIL AND BELMONT FIRE
PROTECTION DISTRICT BOARD OF DIRECTORS
City Council Chambers, City Hall, One Twin Pines Lane, Belmont, California, and Virtual TUESDAY, FEBRUARY 28, 2023
CALL TO ORDER: 7:00 PM
ROLL CALL
COUNCILMEMBERS PRESENT: Latimerlo, Pang-Maganaris, McCune, Mates
PLEDGE OF ALLEGIANCE
Led by Police Chief Stenquist.
REPORT FROM CLOSED SESSION
No Closed Session on the Agenda.
SPECIAL PRESENTATIONS
2023 Dr. Martin Luther King, Jr. Poetry & Essay Contest Winners Recite Winning Pieces Belmont Poet Laureate Korde introduced the authors spanning from third to twelfth grades and each recited their pieces:
‘Change as a Flower' by Stella Lee
‘No Title' by Carissa Yu
'The Strength to Love' by Seri Sumetanon
'No Title' by Hannah Yu
‘Where Does Change Begin?' by Zane Tanabe
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Gregg Partner commented in support of a crossing guard at Carlmont School.
Jonathan Jeremia commented on union employment.
Giuliano Carlini commented on bike lanes on transit roads.
COUNCILMEMBER ANNOUNCEMENTS
Councilmember Hurt announced the closing of the Dr. Clemens Award nominations offered by Samaritan House.
Mayor Mates announced opportunities for support from FEMA for those suffering from recent storm damages to property. She announced a landscape program offered by Mid-Peninsula Water District. She announced the March 31st State of the City event.
CONSENT BUSINESS
Minutes as presented Minutes of February 13, 2023, Special Meeting Commission Interviews, Minutes of February 14, 2023 Regular Meeting, BFPD Meeting Minutes of February 14, 2023, Minutes of February 24, 2023 Special Meeting Commission Interviews Monthly Financial Reports
5 Combined Agency Agenda
Meeting Minutes
February 28, 2023
Monthly Financial Report - January
Resolution 2023-018 authorizing The City Manager To Execute Amendment No. 1 To The Service Agreement With Regional Government Services Authority For Continued Payroll Services In The Amount Of $90,000 For A Total Not-To-Exceed Amount Of $140,000 Resolution 2023-019 of the City Council Of The City Of Belmont Adopting The Children’s Outdoor Bill Of Rights
Resolution 2023-020 authorizing the City Manager to execute an amendment to the contract with Craftwater Engineering, Inc. for additional services to include archaeological testing based on the approved Archaeological Testing Plan and prepare an Archaeological Testing Results Report for an additional amount of $85,070, for a not-to-exceed amount of $998,404 Resolution 2023-021 Approving side letter agreement #2 between the city of Belmont and the Belmont Police Officers Association
Reaffirm Belmont’s State and Federal Legislative Platform In response to Mayor Mates, City Manager Oskoui stated that the amendment to the Regional Government Services will allow for payroll consulting services thru fiscal year 2023.
ACTION: On a motion made by Councilmember McCune and seconded by Councilmember Latimerlo the Consent Business items were unanimously approved by a roll call vote (5-0) PUBLIC HEARINGS (none)
GENERAL BUSINESS
Disposition Development and Loan Agreement with Linc-Hill Street, L.P., for an Affordable Housing Project at 876, 884, 898, and 900 El Camino Real at Hill Street Economic Development and Housing Manager Rose provided a background on the proposed affordable housing project on City property initially acquired with low, moderate-income funds (LMI). She explained that Council held a public hearing and authorized disposition of the property and the financial terms.
Applicant Ben Winter, LINC Housing provided an overview of the 100% affordable community project site.
In response to Council questions, Mr. Winter explained that LINC proposes to recapitalize the project to tax exempt bonds to continue the affordability requirements. He explained that a parking preference is not reflective of fair housing laws and the twelve parking slots will be assigned by lottery.
Public Comment
Email correspondence received.
The following provided comments in favor of the project (via ZOOM) Kalisha, Ken Chan, Ronnie, Benjamin McMullan, Carolyn, Shepard, Connie B. Giuliano Carilini Council closed the discussion.
6 Combined Agency Agenda
Meeting Minutes
February 28, 2023
ACTION: On a motion made by Councilmember and seconded by Councilmember Resolution 2023-022 authorizing The City Manager To Complete Negotiations And Enter Into A Disposition Development And Loan Agreement Between The City Of Belmont And Linc-Hill Street, L.P., And To Complete And Execute All Necessary Implementing Agreements And Documents Consistent With The Terms Presented To The City Council was unanimously approved by a roll call vote. (5-0)
Council Intergovernmental Assignments for Calendar Year 2023-Update Council held a brief discussion on the Carlmont High School Crossing Guide Pilot Program AdHoc Committee which was not discussed at the last iteration of the calendar in January; interest has since been shown to reinstate the committee positions previously held by Mayor Mates and former Councilmember Stone.
ACTION: On a motion made by Councilmember McCune and seconded by Councilmember Hurt changes to City Council Intergovernmental Assignments for calendar year 2023 made as follows Mayor Mates and Councilmember Pang-Maganaris to form a Carlmont Crossing Guard SubCommittee.
Appointment to City Commissions and Committee
Councilmembers discussed their thought process on the making the appointments.
Councilmember also discussed the option of reducing the number of commissioners from seven to five. Councilmember McCune stated that he could support a smaller, more efficient commission.
Councilmember Latimerlo stated that she supports a seven-member commission for more perspectives in decision making. Council concurred to extend the Measure I term to a 2-year term from a one year.
Council Discussion ensued regarding the number of members on the Planning Commission.
Councilmember Latimerlo noted that limiting the number of members makes the commission demographically unbalanced and limits representation of Belmont as a whole.
Councilmember Pang-Maganaris concurred with Councilmember Latimerlo and stated that she is conflicted on five member commission being efficient than seven.
Councilmember Hurt stated that commission members are not considered as district representatives and are to represent the needs of the entire City. She stated support for a fivemember planning commission.
Mayor Mates cautioned against division, when viewing the city as districts. She stated that the Council’s focus should be choosing candidates who demonstrate the strongest aptitude for the positions. Mayor Mates stated that the commission is currently functioning with five members, she suggested reassessing after a 12-month period.
Council concluded the discussion.
7 Combined Agency Agenda
Meeting Minutes
February 28, 2023
ACTION: On a motion made by Councilmember Hurt and seconded by Councilmember Resolution 2023-023 making the following appointments:
Peter Meier appointed to Planning Commission for a three-year appointment period through February 2026.
Mark Gurevich appointed to Planning Commission for a two-year appointment period through February 2025.
Adar Emken, Nicki Fox and Avery Lyford appointed to Belmont Parks & Recreation Commission for a two-year appointment period through February 2025.
Craig Michaels appointed to Belmont Parks & Recreation Commission for a one-year appointment period through February 2024.
Aiden Lee and Rowen Sheng appointed to the Non-voting Youth members of the Belmont Parks & Recreation Commission for a one-year appointment period through February 2024.
John Violet appointed to the Measure I Committee for an appointment period through October 2024, by a roll call vote (3-2 Latimerlo and Pang-Maganaris No)
RECESS: 8:50 PM
RECONVENE: 9:00 PM
Report on Mid-Year Financial Results as of December 31, 2022 Finance Director Castaneda provided a summary of the 2022 budget. She noted that the City received a final payment of the American Rescue Program Act Funds (ARPA) in the amount of
3.2 million dollars. She noted that the City’s major revenue sources including property tax, sales, and hotel taxes are rebounding after the COVID-19 Pandemic shutdowns. She stated that the State continues to take action to take property tax-in-lieu of Vehicle license fee (VLF) funding from cities. She explained actions taken to maintain City services and infrastructure. She noted that next steps requested of Council are to approve resolutions amending the fiscal year 2023 budget by approving revisions to revenue and authorizing supplemental appropriations including staffing recommendations, revisions to capital improvement project budgets and actions previously approved by Council, variances based on year-to-date estimates for both the City and Fire Protection District.
Public Comment
Email correspondence received.
Council did not deliberate on this item.
ACTION: on a motion made by Councilmember Pang-Maganaris and seconded by Councilmember Mates approving resolution 2023-024 Amending The Fiscal Year 2023 Budget By Approving Revisions To Revenue And Authorizing Supplemental Appropriations was unanimously approved by a 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.
8 Combined Agency Agenda
Meeting Minutes
February 28, 2023
Verbal report from City Manager
Announced an upcoming Council Strategic workshop on March 2. He also announced upcoming community events.
MATTERS OF INTEREST/CLARIFICATION
None
ADJOURNMENT at this time being 9:35 PM
Jozi Plut
City Clerk
9 Combined Agency Meeting Minutes
Council Strategic Planning Workshop
March 2, 2023
MINUTES OF SPECIAL CITY OF BELMONT CITY COUNCIL AND BELMONT FIRE PROTECTION DISTRICT BOARD OF DIRECTORS MEETING (Strategic Planning Workshop)
Belmont Sports Complex, 550 Island Parkway, Belmont, CA 94002 Thursday, March 2, 2023
CALL TO ORDER: 9:10 AM
ROLL CALL
COUNCILMEMBERS PRESENT: Latimerlo, Pang-Maganaris, McCune, Hurt, Mates And members of the Senior Management Team
ITEMS OF BUSINESS
PUBLIC COMMENT
No members of the public were present.
GENERAL BUSINESS
Strategic Planning Workshop
City Manager Oskoui provided opening remarks on the process for the workshop session. He commented on current City staffing and noted that the City is experiencing some difficult times due staff overturn, including retirement and individuals moving out of area and looking for other employment opportunities.
He introduced Andy Pendoley, Pendoley Strategies and Communications, Workshop Facilitator.
Senior Management Staff provided an overview of key accomplishments in 2022 and outlined projects and priorities for the remainder of the 2020 Five Year Strategic Plan.
Council identified key projects and priorities for the upcoming year including continuing robust community engement and messaging in areas of housing, and future economic growth, continue improving and planning for infrastructure and stormwater resiliency, and strategize on stabilizing CalPERS retirement funding. Council concurred to direct staff to pursue new revenue sources including the formation of a Community Facilities District (CFD) for new development only to fund community benefits.
Council deliberated on each of the current Strategic Focus Areas and identified additional priorities in each area including development of a Transportation Master Plan, exploration of climate action and greenhouse gas initiatives, completion of the Parks and Recreation and Open Space Master Plan (PROS), continue implementation of workforce and affordable housing plans, plan for relocation of Firehouse 15 and study potential uses of the Davis Drive area. Council concurred to direct staff to continue commercial cannabis discussion. Council also concurred on citywide diversity, equality and inclusivity (DEI) efforts and solution to immediate staffing needs. Council 10 Combined Agency Meeting Minutes
Council Strategic Planning Workshop
March 2, 2023
discussed the potential of establishing commissions and committeesto encourage more community participation and engagement.
Council deliberated on the Mission, Vision and Values Statements and concurred to direct staff to modify language in the Mission and Vision statements with clear and inclusive language and return to Council for adoption at a later meeting.
Council reviewed and confirmed the Council Protocols and Code of Conduct documents with no changes.
Council motioned to cancel the August 8th and 22nd 2022 Council meetings for summer recess.
The workshop concluded with closing remarks from City Manager Oskoui stating that staff will review the Council directives and new initiatives and include them into an updated Strategic Plan for adoption by the City Council at a near future meeting.
ADJOURNMENT at this time being 3:20 P.M.
11 REGULAR MEETING
BELMONT FIRE PROTECTION DISTRICT
February 28, 2023
MEETING MINUTES OF SPECIAL AND REGULAR MEETINGS OF DIRECTORS OF
BELMONT FIRE PROTECTION DISTRICT
Council Chambers, One Twin Pines Lane, Belmont, California, and Virtual Tuesday, February 28, 2023
CALL TO ORDER 7:00 PM
ROLL CALL
DIRECTORS PRESENT: Latimerlo, McCune, Pang-Maganaris, Hurt, Mates DIRECTORS ABSENT: None
CONSENT BUSINESS
None
GENERAL BUSINESS
Report on Mid-Year Financial Results as of December 31, 2022 Finance Director Castaneda provided a summary of the 2022 budget. She noted that the City received a final payment of the American Rescue Program Act Funds (ARPA) in the amount of 3.2 million dollars. She noted that the City’s major revenue sources including property tax, sales, and hotel taxes are rebounding after the COVID-19 Pandemic shutdowns. She stated that the State continues to take action to take property tax-in-lieu of Vehicle license fee (VLF) funding from cities.
She explained actions taken to maintain City services and infrastructure. She noted that next steps requested of Council are to approve resolutions amending the fiscal year 2023 budget by approving revisions to revenue and authorizing supplemental appropriations including staffing recommendations, revisions to capital improvement project budgets and actions previously approved by Council, variances based on year to date estimates for both the City and Fire Protection District.
Public Comment
Email correspondence received.
Council did not deliberate on this item.
ACTION: on a motion made by Councilmember Pang-Maganaris and seconded by Councilmember Mates approving resolution 2023-024 Amending The Fiscal Year 2023 Budget By Approving Revisions To Revenue And Authorizing Supplemental Appropriations was unanimously approved by a roll call vote. (5-0).
ADJOURNMENT at this time being 9:35 P.M.
Jozi Plut
12 REGULAR MEETING
BELMONT FIRE PROTECTION DISTRICT
February 28, 2023
District Secretary
13 Combined Agency Meeting Minutes
March 14, 2023
Page | 1
MEETING MINUTES OF CITY OF BELMONT CITY COUNCIL AND BELMONT FIRE
PROTECTION DISTRICT BOARD OF DIRECTORS SPECIAL AND REGULAR
MEETINGS
City Council Chambers City Hall, One Twin Pines Lane, Belmont, California and Virtual Tuesday, March 14, 2023
CALL TO ORDER: 6:30 PM
SPECIAL MEETING
ROLL CALL
COUNCILMEMBERS PRESENT: Latimerlo, Pang-Maganaris, McCune, Hurt, Mates COUNCILMEMEBERS ABSENT: None
CLOSED SESSION
Conference with Legal Counsel - Initiation of Litigation under Government Code Section 54956.9 (d)(4). One Case.
ADJOURNMENT at this time being 6:55 P.M.
Jozi Plut
City Clerk
REGULAR MEETING
CALL TO ORDER: 7:05 P.M.
ROLL CALL
COUNCILMEMBERS PRESENT: Latimerlo, Pang-Maganaris, McCune, Hurt, Mates COUNCILMEMBERS ABSENT: None
PLEDGE OF ALLEGIANCE
Led by Mayor Mates.
REPORT FROM CLOSED SESSION
City Attorney stated that a closed session was held on whether to initiate litigation, he noted that Council gave direction to initiate an action.
SPECIAL PRESENTATIONS
Proclamation Honoring Women’s History Month
Mayor Mates read the proclamation.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Giuliano Carlini commented bike lanes in Belmont.
14 Combined Agency Meeting Minutes
March 14, 2023
Page | 2
Sven Edlund commented on the Planning Commission appointments made at the February 28, 2023, meeting.
COUNCILMEMBER ANNOUNCEMENTS
Councilmember Latimerlo thanked first responders for their efforts during the recent winter storms. She provided comments on why she cast a no vote on the commission appointment resolution at the February 28, 2023 meeting. She explained having no object to any particular person seeking appointment, the vote was specifically in regard a five-member Planning Commission and noted that she continuesto support a body of seven members, as was for a number of prior years. She noted that her intention was to promote community engagement and to practice inclusivity in the appointment process.
Mayor Mates recognized staff, women in legislation and business on the occasion of Women’s History Month. She commented on the recent weather conditions and thanked staff for their continued work to keep the City safe and moving. She shared information on the upcoming Peninsula Restaurant Week. She congratulated Vice Mayor Hurt on her second consecutive appointment as CCAG Chair.
CONSENT BUSINESS
Resolution 2023-025 authorizing the City Manager to negotiate and execute Amendment No. 1 to the Service Agreement with Maze & Associates Accounting Corporation for audit and related services for the Fiscal Year (FY) 2023 audit in the amount of $117,955, plus a 10% contingency, for a total not-to-exceed amount of $129,750
Resolution 2023-026 Approving Plans And Specifications, Authorizing Advertisement For Sealed Bids, , Authorizing A Budget Appropriation Of $550,110 From Measure I Fund Balance To The 2023 Pavement Reconstruction Project #3108, Authorizing The City Manager To Execute A Contract With The Lowest Responsible Bidder For An Amount Not To Exceed $2,571,591 Plus A Ten Percent Construction Contingency, And (2) Authorizing The City Manager To Execute A Task Order For Construction Management Services With Pavement Engineering Inc. For An Amount Not To Exceed $476,160 For The 2023 Pavement Project, City Contract Number 2023- 622
Resolution 2023-027 repealing and replacing Resolution No. 2023-015 approving side letter agreement #2 between the City of Belmont and AFSCME Local 829.
Resolution 2023-028 approving And Adopting The Americans With Disability Act (ADA) Transition Plan For Implementation
Public Comment
None
ACTION: On a motion made by Councilmember McCune and seconded by Councilmember Hurt the Consent Business was unanimously approved as presented by a roll call vote. (5-0) PUBLIC HEARINGS (none)
15 Combined Agency Meeting Minutes
March 14, 2023
Page | 3
GENERAL BUSINESS
Ralston Avenue Pavement Rehabilitation Project, CCN 2023-622 Public Works Director Brown provided a brief presentation on the upcoming pavement project focusing on the unique new paving process-Cold in Place Recycling (CIPR). He provided the terms, definitions, equipment used and benefits of the process.
Council commented in support of the new pavement rehabilitation process.
Public Comment
Giuliano Carlini, commented on providing safe road conditions for cyclists.
ACTION: On a Motion made by Councilmember Hurt and seconded by Councilmember Latimerlo Resolution 2023-029 approving plans and specifications, authorizing advertisement for sealed bids, authorizing a budget appropriation of $2,173,296 from Measure I Fund balance to the Ralston Segment 3 Re-Pavement Project #3116, authorizing the City Manager to execute a contract with the lowest responsible bidder for an amount not to exceed $1,850,123 plus a ten percent construction contingency, and approving a task order for construction management services with MNS Engineers, Inc. for an amount not to exceed $258,525 for the Ralston Avenue Pavement Rehabilitation Project, CCN 2023-622, was unanimously approved by a 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 assignments.
Verbal report from City Manager
City Manager Oskoui provided comments of appreciation to Staff during the storm events. He commented on the recent successful Council Strategic Planning Workshop and noted that an update to the Strategic Plan is forthcoming. He announced upcoming community events. He announced an equity program for the SMC express lanes and he announced the upcoming March 31st State of the City Address.
MATTERS OF INTEREST/CLARIFICATION (none)
ADJOURNMENT at this time being 7:50 P.M.
Jozi Plut
City Clerk
16 REGULAR MEETING
BELMONT FIRE PROTECTION DISTRICT
March 14, 2023
MEETING MINUTES OF SPECIAL AND REGULAR MEETINGS OF DIRECTORS OF
BELMONT FIRE PROTECTION DISTRICT
City Council Chambers, One Twin Pines Lane, Belmont, California, and Virtual Tuesday, March 14, 2023,
CALL TO ORDER 6:30 PM
ROLL CALL
DIRECTORS PRESENT: McCune, Pang-Maganaris, Hurt, Mates
DIRECTORS ABSENT:
ITEM APPROVED ON CONSENT BUSINESS
No Fire Protection District items on the agenda.
ADJOURNMENT at this time being 7:50 P.M.
.
Jozi Plut
District Secretary
17 FISCAL YEAR 2023
MONTHLY FINANCIAL REPORT - FEBRUARY 28, 2023
HIGHLIGHTS
PERFORMANCE AT
A GLANCE REPORT • General Fund balance increased
compared to prior YTD
• Some funds experiencing cyclical
deficits
FUND RECAP AT A GLANCE REPORT
Notable Fund Balance Increase compared to prior YTD:
•General Fund
•Belmont Fire Protection District
•Afforable Housing Successor
•Planned Park
• Sewer Collection System
• Sewer Treatment
• Measure W
• Liability Insurance
Notable Fund Balance Decrease compared to prior YTD:
• Street Improvements
CASH DISBURSEMENTS &
PURCHASE ORDER
ACTIVITY REPORT
BUDGET VARIANCE
REPORT
• Management Discussion & Analysis
• Tax Trends
This report contains financial information which has not been reviewed or audited by an independent auditor, does not reflect the application of generally accepted accounting principles in all instances and is subject to future revision. This report has not been prepared with a view to informing an investment decision in any of the City’s bonds, notes or other obligations. Any projections, plans or other forward‐looking statements included in this report are subject to a variety of uncertainties that could cause any actual plans or results to differ materially from any such statement. The information herein is not intended to be used by investors or potential investors in considering the purchase or sale of the City’s bonds, notes or other obligations and investors and potential investors should rely only on information filed by the City on the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access System for municipal securities disclosures and website, maintained on the World Wide Web at https://emma.msrb.org/ These financial reports are designed to provide a general overview of the City of Belmont’s interim finances. Questions concerning any information provided in these reports should be addressed to [email protected] or for additional information regarding the City’s financial activities, including past award winning audited financial statements, transparency efforts and best practices please visit the City at www.belmont.gov. 18 City of Belmont
Performance at a Glance
Results for the Period Ended February 28, 2023
(000's)
6/30/2013 $6,200 Audited
6/30/2014 $8,204 Audited
6/30/2015 $9,049 Audited
6/30/2016 $9,177 Audited
6/30/2017 $11,128 Audited
6/30/2018 $11,325 Audited
6/30/2019 $14,846 Audited
6/30/2020 $13,637 Audited
6/30/2021 $13,398 Audited
6/30/2022 $18,013 Audited
2/28/2023 $27,040 Unaudited
* excludes Measure I
\0
The General Fund balance is $27.0 million, a $9.0 million increase compared to amount at the prior fiscal year end. The increase compared to the 6/30/22 balance was primarily due to the receipt of the second and last tranche of one‐time $3.2 million in ARPA Federal Coronavirus State and Local Fiscal Recovery Funds, a $1.5 million VLF reimbursement due to the shortfall from two years prior, transient occupancy tax recovering from the prior year, as well as the timing of property tax collections received in December.
Additionally, a $4.4 million budgeted operating transfers from the General Fund to support other funds will not be recorded until the end of the fiscal year based on actual results.
General Fund
Fund Balance ‐ YTD Fund Deficits
As shown on the Fund Recap at a Glance (page 3) the Recreation Fund, Street Maintenance, and Facilities Management Fund have deficits and are expected to be eliminated in a future period.
General Fund Balance Trends*
$0
$2
$4
$6
$8
$10
$12
$14
$16
$18
$20
$22
$24
$26
$28
$30
General Fund Balance Trend
(in millions)
June January
$0 $20 $40 $60 $80
Budget
Expenditures
Actual
Expenditures
Budget
Revenues
Actual
Revenues
All Funds Revenues & Expenditures
YTD Comparison (in millions)
46%
44%
4%
4% 2%
Capital Improvement Plan
Streets Sewer
Technology Recreational Facilities
Parks & Open Space
2 19
Audited Unaudited PY YTD
Fund Fund Balance YTD YTD PY YTD YTD YTD PY YTD Fund Balance Fund Balance Fund Name 06/30/22 Budget Actual (Under) % Actual Budget Actual Under % Actual 02/28/23 02/28/22 (1) (2) Over (3) (Over) (1)+(2)‐(3)
GENERAL FUND
101 General $18,013 $23,160 $23,631 $471 102% $17,820 $18,941 $14,604 $4,336 77% $13,625 $ 27,040 19,244 102 Measure I 2,938 1,514 1,269 (244) 84% 1,203 3,667 534 3,133 15% 779 3,673 4,175
SPECIAL REVENUE FUNDS
205 Recreation (0) 2,601 1,330 (1,271) 51% 819 2,292 2,339 (47) 102% 1,747 (1,009) (904) 206 Library Maintenance & Operation 836 203 189 (14) 93% 178 480 239 242 50% 256 787 858 207 Athletic Field Maintenance 376 60 106 45 175% 70 180 51 129 28% 45 431 402208 City Tree 297 7 8 1 116% 6 49 27 22 55% 27 278 305 209 Senior Services Donation 90 3 1 (2) 40% 3 0 0 0 N/A 0 91 89 210 Development Services 1,084 3,685 2,948 (737) 80% 2,690 4,118 3,312 807 80% 2,930 720 136 212 General Plan Maintenance 1,305 334 457 123 137% 150 1,214 89 1,125 7% 0 1,673 888 223 Belmont Fire Protection District 16,217 10,829 10,037 (792) 93% 7,463 8,217 7,120 1,097 87% 8,875 19,134 13,996 225 Police Grants and Donations 33 0 0 0 743% 0 3 3 (0) 102% 2 30 34 227 Supplemental Law Enforcement ‐ 125 131 6 105% 121 119 121 (1) 101% 157 11 (36)231 Street Maintenance ‐ 1,607 802 (805) 50% 683 1,676 1,501 175 90% 1,285 (699) 110 232 RMRA Street Project ‐ 404 360 (43) 89% 308 513 9 504 2% 619 351 13 233 Measure W 1,457 588 397 (191) 67% 798 434 0 434 0% 0 1,854 441 234 Street Improvements 905 1,357 1,034 (323) 76% 2,058 2,054 822 1,232 40% 1,934 1,117 2,890237 Traffic Impact 200 543 2 (541) 0% 200 77 0 77 0% 0 202 200 239 Public Art 396 1 3 2 231% 0 0 0 0 N/A 0 399 0
275 Affordable Housing Successor 6,468 2,194 2,997 803 137% 55 331 324 7 98% 329 9,141 3,414 277 Inclusionary Housing 2,452 2 1 (1) 64% 0 0 0 0 N/A 0 2,453 2,385 Total Special Revenue 32,117 24,543 20,804 (3,740) 85% 15,601 21,757 15,956 5,801 73% 18,208 36,965 25,222
CAPITAL PROJECT FUNDS
308 General Facilities 725 25 6 (19) 23% 0 247 6 242 2% 86 725 742 310 Infrastructure 2,810 961 710 (251) 74% 1 1,822 962 860 53% 185 2,557 2,118 312 Comcast PEG Program 396 0 3 3 883% 33 80 0 80 0% 0 399 363 341 Planned Park 1,989 933 423 (510) 45% 0 500 383 117 77% 456 2,030 (98) 342 Park Impact 327 189 284 95 150% 0 888 151 737 17% 0 460 1,397 343 Open Space 164 6 4 (2) 72% 0 117 48 69 41% 15 120 191 704 Special Assessment Districts 308 0 2 2 809% 0 0 0 0 N/A 0 310 308 Total Capital Projects 6,719 2,115 1,432 (682) 68% 34 3,655 1,550 2,105 42% 741 6,602 5,020
DEBT SERVICE & OTHER FUNDS
406 Library Bond Debt Service 270 449 407 (42) 91% 395 457 654 (198) 143% 652 23 (48) 501‐505 Sewer Collection System 25,616 10,521 9,624 (896) 91% 8,256 11,329 7,219 4,109 64% 7,002 28,021 20,381 507 Sewer Treatment 25,992 2,102 1,904 (197) 91% 1,842 2,849 3,017 (168) 106% 3,888 24,879 21,986 525 Storm Drainage Enterprise 2,588 1,470 761 (709) 52% 637 1,951 1,170 780 60% 1,216 2,179 2,965530 Solid Waste Management 1,766 365 350 (15) 96% 310 371 347 24 93% 283 1,769 1,651 570 Worker's Compensation 1,537 465 531 66 114% 489 488 656 (168) 134% 554 1,412 1,273571 Liability Insurance 3,386 468 6 (463) 1% (1,338) 712 668 44 94% 535 2,725 1,502572 Self Funded Vision ‐ 2 0 (2) 3% 7 3 (6) 10 ‐200% (3) 6 11 573 Fleet & Equipment Management 7,438 2,969 3,013 43 101% 3,404 3,263 2,733 531 84% 2,296 7,718 6,939 574 Facilities Management 0 1,474 1,494 20 101% 1,103 1,702 1,753 (50) 103% 1,378 (259) (236) 575 Benefit Prefunding 1,082 982 913 (69) 93% 893 955 1,000 (46) 105% 1,294 995 1,035 Total Debt & Other 69,676 21,267 19,003 (2,264) 89% 19,923 24,079 19,210 4,869 80% 19,450 69,469 57,457 Total All Funds $129,464 $72,599 $66,140 ($6,459) 91% $54,580 $72,098 $51,855 $20,244 72% $52,803 $143,749 $111,118Fund Types:General Fund ‐ Used to account for and report all financial resources not accounted for and reported in another fund.
Special Revenue Funds ‐ Used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specific purposes other than debt service or capital projects.
Capital Projects Funds ‐ Used to account for and report financial resources that are restricted, committed, or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities and other capital assets.
Debt Service & Other Funds ‐ Includes funds used to account for and report financial resources that are restricted, committed, or assigned to expenditure for principal and interest; funds used to finance and account for special activities and services performed by a designated department for other departments in the City on a cost reimbursement basis; and funds to account for operations financed and operated in a manner similar to a private business enterprise with the intent that the cost of providing goods and services is primarily financed through user charges; and funds used to account for assets held by the City as an agent.
Variance
Revenues Expenditures
Variance
City of Belmont
Fund Recap at a Glance
Results for the Period Ended February 28, 2023
(000's)
3 20
City of Belmont
Budget Variance Report
General Fund / All Other Funds
Results for the Period Ended February 28, 2023
(000's)
General Fund All Other Funds
Year to Date (YTD) Annual PY YTD Year to Date (YTD) Annual PY YTD Budget Actual Variance % Budget Actual Budget Actual Variance % Budget Actual
REVENUES
Taxes $15,893 $14,834 ($1,059) 93% a $23,839 $10,619 $13,643 $12,084 ($1,559) 89% a $20,466 $13,821 Property Taxes 4,787 4,197 (590) 88% 7,180 3,577 10,643 9,499 (1,145) 91% 15,965 11,325 Sales Taxes 2,891 2,311 (580) 80% 4,336 2,312 2,349 1,996 (353) 71% 3,523 1,890 Other Taxes 8,215 8,326 111 101% 12,323 4,730 651 590 (61) 99% 977 606 Licenses and permits 782 664 (118) 85% b 1,174 477 1,239 1,466 227 118% 1,858 1,162 Intergovernmental 2,366 3,572 1,206 151% 3,549 3,412 3,219 2,247 (972) 70% e 4,828 2,188 Charge for services 2,996 2,855 (141) 95% c 4,494 2,670 24,168 22,354 (1,815) 92% f 36,253 20,096 Fines and forfeits 110 79 (31) 72% 165 ‐ 90 (0) (0) N/A ‐ (0) 771 1,611 840 209% 1,157 503 473 1,487 1,014 314% 709 192 Miscellaneous 241 16 (225) 7% d 362 49 132 (76) ‐ (208) 57% g 198 (715) Other financing sources ‐ ‐ ‐ N/A ‐ ‐ 1,940 2,947 1,007 152% 2,910 17 Operating transfers in ‐ ‐ ‐ N/A ‐ ‐ ‐ 4,625 (4,625) h ‐ 6,938 Total Revenues 23,159 23,631 472 102% 34,740 17,820 49,440 42,509 (6,931) 86% 74,158 36,760
EXPENDITURES
General government 4,732 3,720 (1,012) 79% 7,098 3,436 5,535 5,071 (464) 92% 8,302 4,697 Public safety 9,786 9,562 (224) 98% 14,678 8,957 8,334 7,244 (1,090) 87% 12,502 9,033 Streets and utilities ‐ ‐ ‐ N/A ‐ ‐ 23,387 12,324 (11,062) 53% 35,080 14,790 Culture and recreation 1,476 1,322 (154) 90% 2,214 1,233 5,479 4,801 (679) 88% 8,219 3,781 Urban redevelopment ‐ ‐ ‐ N/A ‐ 4,352 2,676 (1,676) 61% 6,528 2,762 Debt service ‐ ‐ ‐ N/A ‐ ‐ 4,392 5,135 742 117% i 6,589 4,113 Operating transfer out 2,947 ‐ (2,947) 4,420 1,678 ‐ (1,678) 2,518 Total Expenditures 18,941 14,604 (4,337) 77% 28,410 13,626 53,157 37,251 (15,907) 70% 79,737 39,177 $4,218 $9,027 ($3,865) $6,330 $4,194 ($3,717) $5,258 ($22,838) ($5,579) ($2,417) Management Discussion and Analysis
(Items with unfavorable budget variance more than $0.1 million) General Fund:
Revenues
Other Funds
Revenues
Other Funds
Expenditures
b) Licenses and permits ‐ Business license revenue will be received in a future reporting period. c) Charges for Services ‐ The budget variance is primarily due to the 3rd quarter Public Safety and Wildfire Prevention revenue, which will be received in March. ** July TOT revenues received were for June activities and accrued to the previous FY. July revenues will be received in August.
EXCESS OF REVENUES OVER
(UNDER) EXPENDITURES
Trends
Use of money and property
a) Taxes ‐ The budget variance is primarily due to the timing of semi‐annual property tax receipts received in December and April. f) Charges for Services ‐ The Sewer Use Fee (Collection & Treatment) is included as part of the City's Property Tax bill to be received semi‐annually, typically in December and April. g) Miscellaneous – This revenue is subject to an accounting adjustment during the fiscal year closing process related to claims liability. e) Intergovernmental ‐ The revenue will be received in a future reporting period and includes activities related to the prior fiscal year, which are subject to accounting adjustment. i) Debt Service ‐ Semi‐annual debt service on bonds were paid in August and January. h) Operating Transfers In – Budgeted operating transfers will be recorded at the end of the fiscal year based on actual results. a) Taxes ‐ The budget variance is primarily due to the timing of semi‐annual property tax receipts received in December and April. In addition, February Sales Taxes and Transient Occupancy Taxes (TOT) remiitances were received in March and will be reported in that period. d) Miscellaneous ‐ The budget variance is primarily due to the timing of the annual Crystal Springs Uplands School (CSUS) Public Service Fee, which will be received in a future reporting period. ‐$650
‐$450
‐$250
‐$50
$150
$350
$550
$750
$950
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Thousands
Sales Taxes & TOT ‐ Monthly Comparison
Sales Taxes FY 22 Sales Taxes FY 23 TOT FY 22 TOT FY 23 $0
$2,000
$4,000
$6,000
$8,000
$10,000
$12,000
FY 13 FY 14 FY 15 FY 16 FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 Thousands
Major General Fund Taxes ‐ 10‐year Trends
Prop Tax Sales Taxes TOT
4 21
City of Belmont
Disbursements & Purchase Order Activity Report
Results for the Period Ended February 28, 2023
Vendor Description Date No. Amount
ADP PAYROLL 02/10/2023 PAYROLL TAXES 2/10/23 DAJ000007957 93,790.20 ADP PAYROLL 02/24/2023 PAYROLL TAXES 2/24/23 DAJ000007965 108,241.11 CITY OF BELMONT EMPLOYEES PAYROLL 02/10/2023 2/10/23 DAJ000007958 405,372.87 CITY OF BELMONT EMPLOYEES PAYROLL 02/24/2023 2/24/23 DAJ000007966 434,987.03 G. BORTOLOTTO & CO. 2022 COB PAVEMENT REHABILITATION PROJECT 2/10/23 1203443 89,863.31 GOOD CITY COMPANY PLANNING SERVICES 2/24/23 EFT00031026 77,565.00 I&A CONTRACTOR INC BSC DUGOUT REPAIR 2/10/23 1203446 76,807.50 MISSIONSQUARE DEF COMP ACCT#302442 2/27/23 DAJ000008006 105,941.88 SILICON VALLEY CLEAN WATER MARCH CONTRIBUTIONS 2/10/23 EFT00030918 303,292.00 Total Disbursements in Excess of $50,000 1,695,860.90 $ Total Count 9
Vendor Description Date No. Amount
I&A CONTRACTOR INC BSC CONCESSION & DUGOUT ROOF REPAIR 2/3/23 23 00033 88,935.00 4LEAF INC BUILDING INSPECTION SERVICES 2/17/23 23 00035 99,910.00 Total Purchase Orders Issued in Excess of $50,000 188,845.00 $ Total Count 2
Disbursements Amounts Equal to $50,000 and Above
Purchase Order Amounts Equal to $50,000 and Above
5 22
Beginning Balance
January 31, 2023 Receipts Disbursements
Ending Balance
February 28, 2023
City of Belmont $ 104,850,912.69 $ 5,018,946.49 $ (3,339,510.12) $ 106,530,349.06 Belmont Fire Protection District 17,977,328.11 1,178,624.03 (28,132.67) 19,127,819.47 Total $ 122,828,240.80 $ 6,197,570.52 $ (3,367,642.79) $ 125,658,168.53 -
Deposit Investments Pool Total
City of Belmont & Belmont Fire Protection District $ 963,541.90 $ 124,694,626.63 $ 125,658,168.53 -
Respectfully Submitted,
s/b Grace Castaneda
Grace Castaneda
City Treasurer
I certify that this report accurately reflects all investments of City of Belmont and Belmont Fire Protection District, and is in conformance with the adopted Investment Policy mandated by Government Code 53646. Furthermore, I certify to the best of my knowledge, sufficient investment liquidity and anticipated revenues are available to meet the Agency's budgeted expenditure requirement for the next six months.
CITY OF BELMONT
TREASURER'S REPORT
February-23
Balance Summary
Agency Receipts and Disbursements Summary
treasurer report 02-2023.xlsx
23 Investment Type Issuer
Maturity
Date Par Amount Current Market Value Interest Total
Investment
Period Rate
Pricing
Source Manager
Deposit
General Account Wells Fargo $ 963,541.90 $ 963,541.90 Bank Bank Investments:
L.A.I.F.-POOL State of California Daily 117,310,358.90 115,127,126.08 256,518.65 90 days 2.624% LAIF LAIF L.A.I.F.-BONDS State of California Daily 7,384,267.73 7,246,841.03 16,146.93 90 days 2.624% LAIF LAIF Total $ 125,658,168.53 $ 123,337,509.01 $ 272,665.58
s/b Grace Castaneda
S/B John Violet
Investment Detail
CITY OF BELMONT
TREASURER'S REPORT
February-23
Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 L.A.I.F.-POOL 86,774,892 83,344,892 92,612,365 99,512,365 101,582,365 96,162,851 96,412,851 94,372,851 94,252,429 95,052,429 114,502,429 114,810,359 117,310,359 L.A.I.F.-BONDS 11,341,658 11,341,658 11,350,596 9,084,596 9,084,596 9,103,562 9,103,562 8,770,562 8,581,303 8,581,303 8,581,303 7,384,268 7,384,268 INTEREST RATE 0.278% 0.365% 0.523% 0.684% 0.861% 1.090% 1.276% 1.513% 1.772% 2.007% 2.173% 2.425% 2.624%
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
$0
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
$140,000,000
City of Belmont Investment Portfolio Trends
Personnel Designation When Seeking Financial Assistance following a Disaster - Staff Report
STAFF REPORT
Meeting Date: March 28, 2023
Agency: City Council and Belmont Fire Protection District Staff Contact: Tracy Scramaglia, Assistant Public Works Director/City Engineer Agenda Title: Personnel Designation When Seeking Financial Assistance following a Disaster Agenda Action: Resolution
Recommendation
Adopt a Resolution Designating Personnel to Act as an Agent for the City of Belmont and the Belmont Fire Protection District (BFPD) when seeking Financial Assistance after a Disaster.
Strategic Focus Area
Not Applicable
Background
Beginning on December 31, 2022, the City and surrounding regions of the San Francisco Bay area experienced a series of powerful rain storms characterized as atmospheric river events that caused flooding, mud and debris flows, downed trees, and damages to roadways. On January 3, 2023, the Director of Emergency Services for the City of Belmont proclaimed a local emergency. On January 4, the Governor of California proclaimed a state of emergency. On January 10, the Belmont City Council ratified the Director of Emergency Services proclamation of a local emergency and authorized the City Manager to file and execute agreements related to obtaining financial assistance to respond to the 2023 winter storms. On January 14, President Biden declared a major disaster, making federal disaster aid available. On January 17, an amendment to President Biden’s declaration was issued to include other jurisdictions, including San Mateo County.
Analysis
Cal OES and FEMA Disaster assistance is typically available for proclaimed/declared emergencies and disasters. While no assistance has been made available yet, as part of the application process for such aid, the City is required to designate an agent(s) that can function as the point of contact to Cal OES and FEMA for disaster financial assistance. The agent(s) can be designated for a specific claim or for a 3-year period, to include all active and future claims.
It is the recommendation of staff that the following are designated as agent(s) to represent both the City of Belmont and/or the Belmont Fire Protection District, for a 3-year period to include all active and future claims arising from the 2023 California Severe Winter Storms and other events.
City Manager / Fire District Manager
Assistant Public Works Director/City Engineer
Finance Director
25
Personnel Designation When Seeking Financial Assistance following a Disaster - Staff Report Alternatives
1. Take no action
2. Refer back to staff for more information
Attachments
A. City Resolution
B. Belmont Fire Protection District Resolution
C. Cal EOS Form 130 Resolution
Fiscal Impact
☒ No Fiscal Impact
While there is no fiscal impact in designating personnel to act as an agent for the City of Belmont and the BFPD when seeking financial assistance after a disaster, staff and/or consultant time will be required in applying for financial assistance. If financial assistance is granted, funds granted will serve to reimburse City’s/BFPD’s resources spent in response to the disaster. ☐ Funding Source Confirmed:
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
26
RESOLUTION NO. 2023 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT
DESIGNATING PERSONNEL TO ACT AS AGENT FOR THE CITY OF BELMONT
WHEN SEEKING FINANCIAL ASSISTANCE AFTER A DISASTER
WHEREAS, On January 3, the Director of Emergency Services for the City of Belmont’s proclamation of a local emergency, issuance of orders related to the emergency, and designated an order of succession to that office, which were ratified by the Belmont City Council and also in its capacity as the Belmont Fire Protection District; and, WHEREAS, Cal OES and FEMA Disaster assistance is typically available for proclaimed/declared emergencies and disasters and the City is required to designate an agent(s) that can function as the point of contact to Cal OES and FEMA for disaster financial assistance. The agent(s) can be designated for a specific claim or for a 3-year period, to include all active and future claims, with the last designation having been made on April 14, 2020; and, WHEREAS, It is the recommendation of staff that the following are designated as agent(s) to represent both the City of Belmont and/or the Belmont Fire Protection District, for a 3-year period to include all active and future claims arising from the 2023 California Severe Winter Storms and other events..
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. The City Manager, Finance Director, and the Assistant Public Works Director/City Engineer are designated to act as City of Belmont agents for purposes of obtaining disaster-related financial assistance.
* * *
ADOPTED March 28, 2023 by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
27
ATTEST:
City Clerk
Mayor
APPROVED AS TO FORM:
City Attorney
28 DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130 29
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130 30
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California.
Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 Page 3 of 4 31
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 4 of 4 OES-FPD-130 32
RESOLUTION NO. 2023 –
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BELMONT FIRE
PROTECTION DISTRICT DESIGNATING PERSONNEL TO ACT AS AGENTS FOR
THE BELMONT FIRE PROTECTION DISTRICT WHEN SEEKING FINANCIAL
ASSISTANCE AFTER A DISASTER
WHEREAS, On January 3, the Director of Emergency Services for the City of Belmont’s proclamation of a local emergency, issuance of orders related to the emergency, and designated an order of succession to that office, which were ratified by the Belmont City Council and also in its capacity as the Belmont Fire Protection District; and, WHEREAS, Cal OES and FEMA Disaster assistance is typically available for proclaimed/declared emergencies and disasters and the City is required to designate an agent(s) that can function as the point of contact to Cal OES and FEMA for disaster financial assistance. The agent(s) can be designated for a specific claim or for a 3-year period, to include all active and future claims, with the last designation having been made on April 14, 2020; and, WHEREAS, It is the recommendation of staff that the following are designated as agent(s) to represent both the City of Belmont and/or the Belmont Fire Protection District, for a 3-year period to include all active and future claims arising from the 2023 California Severe Winter Storms and other events..
NOW, THEREFORE, the Board of Directors of the Belmont Fire Protection District resolves as follows:
SECTION 1. The Fire District Manager, the Finance Director, and the Assistant Public Works Director/City Engineer are designated as Belmont Fire Protection District agents for purposes of obtaining disaster-related financial assistance. * * *
ADOPTED March 28, 2023 by the Fire Protection District Board of Directors by the following vote:
Ayes:
Noes:
Absent:
Abstain:
33
ATTEST:
Board Secretary
Board President
APPROVED AS TO FORM:
District Counsel
34
Award of Contract to Bear Electric Solutions Inc. for the Ralston Avenue Adaptive Signal Control Technology System Project, Cabinet Relocation - Staff Report
STAFF REPORT
Meeting Date: March 28, 2023
Agency: City of Belmont
Staff Contact: Bozhena Palatnik, Public Works, 650-595-7463, [email protected] Agenda Title: Award of Contract to Bear Electric Solutions Inc. for the Ralston Avenue Adaptive Signal Control Technology System Project, Cabinet Relocation.
Agenda Action: Resolution
Recommendation
Adopt a resolution awarding the contract to Bear Electric Solutions Inc. for $355,000, plus a ten percent construction contingency of $35,500, for a total amount not to exceed $390,500 and authorize the City Manager to execute a contract with Bear Electric Solutions Inc. for the Ralston Avenue Adaptive Signal Control Technology System Project, Cabinet Relocation, City Contract Number 2023-623.
Strategic Focus Area
Infrastructure and Mobility
Background
In partnership with the City/County Association of Governments (C/CAG)’s Transportation Fund for Clean Air (TFCA) program, San Mateo County and Caltrans, the City of Belmont recently completed the Ralston Avenue Adaptive Traffic Control Technology Update. This coordinated the signalization along Ralston Avenue from Hiller Avenue to Christian Drive.
As a part of the Ralston Ave Adaptive Traffic Control Technology Project, the traffic signal cabinets at the intersections of Ralston Ave/Belmont Canyon Road and Ralston Ave/Cipriani Blvd were designed to be relocated for the safety of those maintaining the signal cabinets and ease of access. Presently staging equipment and personnel access to these cabinets is difficult and may create potential safety concerns from vehicular traffic on the corridor.
This work will include removal of existing controller cabinets, installation of new controller cabinets in preferred locations, construction of concrete pads, and replacement and construction of pull boxes, power supply, and cables. The signal cabinet relocations will also require trenching, new conduit, and electrical lines across the two intersections
Analysis
On January 24, 2023, Council authorized advertisement for sealed bids approving award of the Ralston Avenue Adaptive Signal Control Technology System Project, Cabinet Relocation to the lowest responsible bidder for an amount not to exceed $352,000 plus 10% construction contingency. The City received three sealed bids that were opened on March 16, 2023. All bids exceeded the engineer’s estimate and the authorized contract amount.
35
Award of Contract to Bear Electric Solutions Inc. for the Ralston Avenue Adaptive Signal Control Technology System Project, Cabinet Relocation - Staff Report
The design engineer reviewed the engineer’s estimate and the three bids ranging in cost from $355,000 to $588,631, and has concluded that it is in the best interest of the City to award this contract to the lowest bidder, Bear Electric Solutions Inc. for the bid amount of $355,000 which is $3,000 above the previously authorized amount. Staff does not believe that readvertising the project will result in any lower cost to the City and recommends that the City Council authorize the award of the contract to the low bidder.
Alternatives
1. Take no action.
2. Refer back to staff for more information.
Attachments
A. Resolution
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed: Account 234-3-730-3231-9030/Traffic Signal Improvements at Cipriani & Belmont Canyon Road
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
36
RESOLUTION NO. 2023 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT AWARDING A CONTRACT TO BEAR ELECTRIC SOLUTIONS INC. FOR THE
RALSTON AVENUE ADAPTIVE SIGNAL CONTROL TECHNOLOGY SYSTEM PROJECT, CABINET RELOCATION, CITY CONTRACT NUMBER 2023-623 WHEREAS, on January 24, 2023, Council authorized advertisement for sealed bids approving award of the Ralston Avenue Adaptive Signal Control Technology System Project, Cabinet Relocation to the lowest responsible bidder for an amount not to exceed $352,000 plus 10% construction contingency; and,
WHEREAS, on March 16, 2023 the City received three sealed bids, ranging in cost from $355,000 to $588,631; and,
WHEREAS, the design engineer reviewed the engineer’s estimate and the three bids and has concluded that it is in the best interest of the City to award this contract to the lowest bidder, Bear Electric Solutions Inc.; and WHEREAS, the funds for this project are budgeted in the Account Number 234-3-730-3231-9030
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. The City Manager is authorized to execute a contract with Bear Electric Solutions Inc. for $355,000 plus a ten percent construction contingency, for an amount not to exceed $390,500 for the Ralston Avenue Adaptive Signal Control Technology System Project, Cabinet Relocation, City Contract Number 2023-623.
* * *
ADOPTED March 28, 2023 by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
37
ATTEST:
City Clerk
Mayor
APPROVED AS TO FORM:
City Attorney
38
Authorize Participation in Upcoming and Future National Opioid Litigation Settlements - Staff Report
STAFF REPORT
Meeting Date: March 28, 2023
Agency: City of Belmont
Staff Contact: Afshin Oskoui, City Manager, (650) 595-7408, [email protected] Agenda Title: Authorize Participation in Upcoming and Future National Opioid Litigation Settlements
Agenda Action: Resolution
Recommendation
Adopt a resolution authorizing the City Manager to sign the necessary documents for the City of Belmont to participate in upcoming and future National Prescription Opiate Litigation Settlements.
Strategic Focus Area
Public Safety
Background
The County filed suit against opioid distributors in 2018 and against opioid manufacturers and others in 2019. Recently, two nationwide settlements have been reached to resolve lawsuits brought by states and local political subdivisions against the three largest pharmaceutical distributors: McKesson, Cardinal Health and AmerisourceBergen (collectively, “Distributors”), and manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, “J&J”). These settlements will be referred to individually as the “Distributors Settlement” and “J&J Settlement” or collectively as “the Settlements.” In December 2021, the City Council authorized the city’s participation in nationwide settlements to resolve opioid-related litigation brought by states and local governments against the three largest pharmaceutical distributors, McKesson, Cardinal Health and AmerisourceBergen, and manufacturer Janssen Pharmaceuticals Inc. and its parent company Johnson & Johnson.
After counties and cities join the Settlements, the distribution to the counties will include the cities’ share for all cities within that county. Funds that the County receives on behalf of its cities will join the County’s abatement funds. The rationale is that San Mateo County’s abatement programs will comply with the requirements of the Settlements and will include and address the opioid epidemic within its cities.
Analysis
New national opioid settlements
Recently the city was notified that additional settlements have been reached against two pharmaceutical manufacturers, Teva and Allergan, and three pharmacies, CVS, Walgreens and Walmart. The city is not a named litigant, but is eligible to participate in the settlements if it chooses.
Settlement terms
The terms of the settlement agreements with the manufacturers and pharmacies require:
39
Authorize Participation in Upcoming and Future National Opioid Litigation Settlements - Staff Report • Teva to pay up to $3.34 billion over 13 years and to provide either $1.2 billion of its generic version of the drug Narcan over 10 years or an agreed upon cash equivalent over 13 years • Allergan to pay up to $2.02 billion over 7 years
• CVS to pay up to $4.90 billion over 10 years
• Walgreens to pay up to $5.52 billion over 15 years
• Walmart to pay up to $2.74 billion in 2023, and all payments to be made within 6 years The settlements also contain injunctive relief governing opioid marketing, sale, distribution, and dispensing practices.
In order for these settlements to occur, a sufficient number of states must agree to participate in the settlements. California has chosen to participate in them. The next phase of the settlements allows the political subdivisions (counties, cities, and special districts) within each participating state to opt into the settlements. The settlements require certain thresholds of participation by the political subdivisions within each participating state. If the thresholds are not met, the settlements may not become effective.
The portion of the settlements that will be distributed to each participating state also depends on the number of subdivisions within that state that decide to participate in the settlements. Any subdivision that does not participate cannot directly share in the settlement funds. The exact portion of the funds that will be paid to California and to the city, if the city chooses to participate in the settlements, has not been determined. Each settlement agreement has different participation thresholds and mechanisms for determining the apportionment of the settlement funds. More information on the litigation and settlements, including full copies of the settlement agreements, can be found on the National Opioids Settlement website, www.nationalopioidsettlement.com.
The city will not be able to determine the exact dollar amount of the settlement funds that will be paid to the city until the settlement agreements become final, which will not occur until after the April 18, 2023, participation deadline.
If the city does not participate in the settlements, its share of the settlement proceeds will go to the State of California and the city will not receive any funds directly from the settlement. Because the settlement amount California receives is dependent upon the participation rate of local subdivisions, including the City of Belmont, the total amount that the state receives may be reduced if the city declines to participate.
In addition, if enough subdivisions within the state choose not to participate in the settlements, those settlements may not become effective.
If the City Council adopts the resolution, the City Manager will sign the necessary documents for the City of Belmont to participate in the settlements with the manufacturers and pharmacies. Similar to the earlier Settlements funds the city anticipates will to go to the County’s abatement funds. The rationale is that San Mateo County’s abatement programs will comply with the requirements of the Settlements and will include and address the opioid epidemic within its cities.
If new similar settlements occur in the future, the City Attorney will consult with the City Manager to determine if the city will receive a benefit by participating in those settlements and will notify the City Council regarding the details of those future settlements. 40
Authorize Participation in Upcoming and Future National Opioid Litigation Settlements - Staff Report Alternatives
1. Take no action.
2. Refer back to staff for more information.
Attachments
A. Resolution
Fiscal Impact
☒ No Fiscal Impact
☐ Funding Source Confirmed:
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
41
RESOLUTION NO. 2023 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SIGN THE NECESSARY
DOCUMENTS FOR THE CITY OF BELMONT TO PARTICIPATE IN NATIONAL
PRESCRIPTION OPIATE LITIGATION SETTLEMENTS
WHEREAS, proposed nationwide settlement agreements have been reached that would resolve National Prescription Opiate Litigation brought by states, local political subdivisions, and special districts against two pharmaceutical manufacturers, Teva and Allergan; and three pharmacies, CVS, Walgreens and Walmart and,
WHEREAS, the deadline for eligible cities and counties, including the City of Belmont, to join the Settlements is April 18, 2023; and,
WHEREAS, the settlements will provide substantial funds for opioid epidemic remediation and abatement activities in California and throughout the United States, and they will require changes in the way that the settling defendants conduct their business; and, WHEREAS, the amount of funds received by the State of California is dependent on the number of local jurisdictions participating in the settlements; and, WHEREAS, the City of Belmont will not receive a portion of the settlement funds and the State of California may receive less settlement funds unless the City of Belmont elects to participate in the settlements; and,
WHEREAS, the City Council of the City of Belmont has determined that it is in the best interest of the City of Belmont to participate in the settlements; and, WHEREAS, additional settlement agreements with other defendants in the National Prescription Opiate Litigation may be reached in the future; and, WHEREAS, the City Council has determined that it is in the best interest of the City of Belmont to participate in future settlement agreements in the National Prescription Opiate Litigation if those agreements will provide financial or other benefits to the city.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. That the above recitations are true and correct:
SECTION 2. That the City Manager is authorized to sign the necessary documents for the City of Belmont to participate in the National Prescription Opiate Litigation settlement agreements with Manufacturers and Pharmacies.
SECTION 3. That the City Manager, after consulting with the City Attorney, is authorized to take any steps necessary for the city to participate in any future National Prescription Opiate Litigation settlement agreements if the City Attorney and City Manager agree that the city’s 42
participation in the settlement agreements would provide financial or other benefits to the city. * * *
ADOPTED March 28, 2023 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
43
Local Emergency Ratification Continuing Storms - Staff Report - Proclamation of Local Emergency
STAFF REPORT
Meeting Date: March 28, 2023
Agency: City of Belmont
Staff Contact: Afshin Oskoui, City Manager
Agenda Title: Proclamation of Local Emergency From Continuing Storms Agenda Action: Resolution
Recommendation
Adopt a resolution:
(1) ratifying the director of emergency services’ proclamation of local emergency and proclaiming a local emergency due to recent and on-going storms and high wind, (2) approving the order of succession for the director of emergency services as set for in the director’s proclamation,
(3) Authorizing the city manager to execute and file applications and agreements for the city to receive state or federal financial assistance and to execute any applications or agreements on behalf of or for the purpose of authorizing or assisting the San Mateo Consolidated Fire Department in obtaining state or federal financial assistance related to this local emergency. (4) Requesting that the Governor of California include the city and the Belmont Fire Protection District in state emergency declarations and that the city and district be included in federal emergency declarations, that the Governor waive regulations that may hinder the response and recovery efforts, and make available to the City of Belmont, the District and all eligible community members, businesses and service providers all relevant state and federal disaster assistance funds including California Disaster Assistance Act and State Private Nonprofit Organization Assistance Program funds.
Strategic Focus Area
Public Safety
Background
The city experienced extraordinary rainfall starting at or about 4:00 a.m. on December 31, 2022, caused by recent significant wet weather events, including flooding and storms, that resulted in flooding of streets and underpasses, downing of trees, mudflows imperiling private property and residents, and washout of trail in the Waterdog Lake Open Space among other damages. Beginning on January 4, 2023, a series of storms brought high wind and significant rain that caused more flooding, downed trees, flooded streets and caused debris flows on public and private property. Storms and rains continued through January and created conditions of disaster and extreme peril to the safety of persons and property which are beyond the control of the services, personnel, equipment, and facilities of the city and necessitated that the city declare a local emergency and request mutual aid under the California Emergency Services Act.
Rains continued through February and early March. On March 14, 2023, an atmospheric river passed over San Mateo County causing heaving rain and extraordinary winds in Belmont that resulted in widespread downing of trees and interruption of power across large areas of the city and surrounding communities 44
Local Emergency Ratification Continuing Storms - Staff Report - Proclamation of Local Emergency causing extreme peril to the safety of persons and property in the city and vicinity. These events were preceded by soaking rains that saturated soils and caused the development of sinkholes, roadway failures and trail failures in the city’s open spaces, and wind and water damage to city facilities. Yet another powerful storm swept through San Mateo County on Tuesday, March 21, 2023, bringing even more soaking rains and damaging winds that toppled trees on private and public property, and causing widespread power outages with 20+ MPH winds continuing for several days. These conditions have caused and are threatening conditions of disaster and extreme peril to the safety of persons and property which are beyond the control of the services, personnel, equipment, and facilities of the city and may necessitate that the city request mutual aid under the California Emergency Services Act.
The city manager found the conditions described above satisfy the criteria in Government Code Section 8558(c) and Belmont City Code Section 8-42 for declaring a local emergency. Because the city council was not in session when the conditions arose, the city manager proclaimed a local emergency existed and signed the proclamation on January 4th, 2023. This proclamation is now being presented to the City Council for ratification.
Analysis
Government Code Section 8630 and Belmont City Code Section 8-46(a) authorize the city manager as the director of the city’s emergency organization to proclaim a local emergency. However, the council must ratify the director’s proclamation of emergency within 7 days, or the local emergency will expire.
An “emergency”, as defined by BCC section 8-42, means “the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat.”
“Disaster”, as defined by BCC section 8-40, means the “actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity.” Declaring a local emergency is a necessary step to requesting and receiving local, state and federal mutual aid resources to assist the city with the response, cleanup and restoration of damage caused by the January 2023 storms. Ratifying the local emergency will allow the director to:
(1) Request the governor to proclaim a "state of emergency" if locally available resources are inadequate to cope with the emergency.
(2) Direct the efforts of the emergency organization of this city, coordinate services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them.
(3) Represent this city in all dealings with public or private agencies on matters pertaining to emergency.
(4) Make and issue rules and regulations on matters reasonably related to the protection of life and 45
Local Emergency Ratification Continuing Storms - Staff Report - Proclamation of Local Emergency property as affected by such emergency subject to ratification at the earliest practicable time by the city council.
(5) Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use.
(6) Require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county to command the aid of as many citizens of this community as the director deems necessary in the execution of the director’s duties. (7) Requisition necessary personnel or material of any city department or agency. (8) Execute all ordinary power as city manager, all of the special powers conferred by this article or by resolution or emergency plan adopted by the city council, all powers conferred by any statute, by any agreement approved by the city council, and by any other lawful authority.
Alternatives
1. Take no action, allowing local emergency to expire
2. Ratify local emergency and give direction
Attachments
A. Emergency Organization Director’s Proclamation of Local Emergency Fiscal Impact
☐ No Fiscal Impact
☐ Funding Source Confirmed:
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
46
RESOLUTION NO. 2023 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT
RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY BY THE
DIRECTOR OF EMERGENCY SERVICES RELATED TO THE MARCH 2023 STORMS, RATIFYING THE DIRECTOR’S ORDER OF SUCCESSION, AND
PROCLAIMING A LOCAL EMERGENCY
WHEREAS, on March 14, 2023, an atmospheric river passed over San Mateo County causing heaving rain and extraordinary winds in Belmont that resulted in widespread downing of trees and interruption of power across large areas of the city and surrounding communities causing extreme peril to the safety of persons and property in the city and vicinity; and, WHEREAS, on March 21, 2023, yet another powerful storm swept through San Mateo County bringing even more soaking rains and damaging winds that toppled trees on private and public property, and causing widespread power outages with 20+ MPH winds continuing for several days; and,
WHEREAS, these March storms were preceded by and exacerbated damage from a series of powerful storms beginning on December 31, 2022, that saturated the soil, caused flooding and downing of trees, repeated power outages, roadway failures, trail failures in the city’s open space, and wind and water damage to city facilities; and, WHEREAS, these prior storms caused the City Manager to declare a local emergency on January 3, 2023 and the Council to subsequently ratify the local emergency; and, WHEREAS, powerful storms have continued to pass over Belmont since the declaration of local emergency on January 3, 2023 and have continued to cause conditions of disaster and extreme peril to the safety of persons and property that is beyond the control and resources of the city to effectively respond to and require the combined forces of other political subdivisions to combat and recover from; and,
WHEREAS, the director of emergency services (“Director”) for the City of Belmont proclaimed a local emergency on March 21, 2023 and designated an order of succession to that office (“Director’s Proclamation”).
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. The city council finds that the conditions in Government Code Section 8558(c) and Belmont City Code Section 8-42, relating to the proclamation of a local emergency, have been met.
SECTION 2. The city council ratifies the Director’s Proclamation and proclaims a local emergency.
SECTION 3. The city council approves the order of succession for the director of emergency services as set for in the Director’s Proclamation. 47
SECTION 4. The city manager is authorized to execute and file any application or agreement with the State of California or federal government for purposes of obtaining state or federal assistance, and to execute any applications or agreements on behalf of or for the purpose of authorizing or assisting the San Mateo Consolidated Fire Department in obtaining state or federal financial assistance related to this local emergency.
SECTION 5. The City of Belmont requests that the Governor of California include the city and the Belmont Fire Protection District in state emergency declarations and that the city and district be included in federal emergency declarations, that the Governor waive regulations that may hinder the response and recovery efforts, and make available to the City of Belmont, the District and all eligible community members, businesses and service providers all relevant state and federal disaster assistance funds including California Disaster Assistance Act and State Private Nonprofit Organization Assistance Program funds. * * *
ADOPTED March 28, 2023 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
48 EMERGENCY ORGANIZATION
CITY OF BELMONT, CALIFORNIA
PROCLAMATION OF LOCAL EMERGENCY
March 21, 2023
On March 14, 2023, an atmospheric river passed over San Mateo County causing heaving rain and extraordinary winds in Belmont that resulted in widespread downing of trees and interruption of power across large areas of the city and surrounding communities causing extreme peril to the safety of persons and property in the city and vicinity. These events were preceded by soaking rains that saturated soils and caused the development of sinkholes, roadway failures and trail failures in the city’s open spaces. These events and another series of storms forecasted for the coming week bringing more soaking rains and the potential for damaging winds, threaten conditions of disaster and extreme peril to the safety of persons and property which are likely beyond the control of the services, personnel, equipment, and facilities of the city and may necessitate that the city request mutual aid under the California Emergency Services Act.
For these reasons, I find the conditions in Government Code Section 8558(c) and Belmont City Code Section 8-42, relating to the proclamation of a local emergency, have been met. At this time, the Council is not in session.
THEREFORE, I, AFSHIN OSKOUI, Director of Emergency Services for the City of Belmont, in accordance with the authority vested in me by Government Code Section 8630 and Belmont City Code Section 8-46, PROCLAIM A LOCAL EMERGENCY exists now throughout the city. This proclamation will terminate after seven days unless ratified by the city council.
During the existence of this local emergency, the powers, functions, and duties of the director of emergency services and the city emergency organization are those prescribed by state law, ordinances, and resolutions of the city council and the city’s emergency plan.
The City of Belmont requests that the Governor of California include the city in state emergency declarations and that the city be included in federal emergency declarations, that the Governor waive regulations that may hinder the response and recovery efforts, and make available to the City of Belmont and all eligible community members, businesses and service providers all relevant state and federal disaster assistance funds including California Disaster Assistance Act and State Private Nonprofit Organization Assistance Program funds.
I FURTHER DIRECT that the order of succession in the absence or incapacity of the director of emergency services or that of the then acting director next in line, is as follows:
a. The assistant director of emergency services (Police Chief) b. Public Works Director
c. Parks and Recreation Director
Executed this 21
th day of March, 2023
____________________________________________
AFSHIN OSKOUI, City Manager
Director of Emergency Services
49
0 - Standard COAs for Large Development Projects - Staff Report1
STAFF REPORT
Meeting Date: March 28, 2023
Agency: City of Belmont
Staff Contact: Damon DiDonato, Community Development Department, (650) 637-2908; [email protected]
Agenda Title: Standard Conditions of Approval for Large Development Projects Agenda Action: Resolution
Recommendation
Adopt a resolution adopting a list of standard conditions of approval for large development projects.
Provide direction to staff regarding the update process for revisions to the adopted list.
Strategic Focus Area
Economic Development and Housing
Background
1953-2016 – Belmont City Staff developed, utilized, and modified standard development requirements (SDRs) and standard conditions of approval (COAs).
2017 - The City Council certified a Final Environmental Impact Report (FEIR) that evaluated the environmental impacts of the City’s 2035 General Plan, Phase I Zoning, Belmont Village Specific Plan (BVSP) and Zoning, and Climate Action Plan (CAP). Subsequent to its adoption, Belmont City staff implemented various aspects of the General Plan by adopting implementation ordinances and plans, updating the Zoning code, and modifying the development review process. This is an on-going effort. 2018 – Planning Staff began to more regularly modify the City’s development requirements for housing projects for consistency with state housing and environmental review laws, as modifications to these laws became more frequent. In general, modifications to state housing and environmental laws have reduced the City’s discretion for review of certain types of housing projects, and have limited when the City may conduct environmental review. There has also been an increase in the types of housing projects that are required to be expedited, and are categorically exempt from environmental review. 2020-2022 - The City reestablished its Development Review Team (DRT), which includes members of City staff that are part of the development review process. One stated goal of the DRT is to increase efficiencies in the development review process. To that end, the DRT augmented internal processes, and developed new checklists, application forms and conditions of approval (i.e., SDRs and Standard COAs).
February 21, 2023 – The Planning Commission adopted a resolution recommending that the SDRs and standard COAs would substantially mitigate environmental effects, and that the City Council approve a Resolution adopting SDRs and standard COAs for large development projects (see Attachment D). 50
0 - Standard COAs for Large Development Projects - Staff Report1 Analysis
Staff has identified standard development requirements and standard conditions of approval for large and complex projects. This item would memorialize these SDRs and COAs, and require all applicants to agree to them (as applicable) as part of the application process. The applicant’s agreement would be required for projects that include all levels of environmental clearance, including projects that are categorically exempt under the California Environmental Quality Act (CEQA). The goals of this item are: 1) to create a more consistent and streamlined entitlement/environmental review process for large and complex projects; and 2) to better ensure that the City has adequately addressed any potential environmental impacts from projects at all levels of environmental clearance.
Standard Development Requirements
SDRs identify submittal and process requirements for projects. For example, many of the SDRs from the General Plan EIR require technical studies to be prepared, as a way of evaluating and addressing the impacts of individual development projects. In these cases, the technical study is conducted prior to project approval and includes project-specific recommendations for mitigating an environmental effect; these recommendations are considered implementation measures for the SDR rather than separate mitigation measures typically used in a CEQA document.
Standard Conditions of Approval
Standard COAs are conditions that are applied to all projects of a certain type. There are generally three types of standard COAs, including: 1) Administrative COAs – that identify the general terms of the permit, such as expiration date, requirements for obtaining any subsequent permits, payment of fees, etc.; 2) Environmental COAs – that include measures that would avoid or reduce significant environmental impacts; and 3) Non-environmental COAs – that include standard submittal requirements for plans and other technical documentation.
The proposed SDRs and COAs discussed in this report and provided in Attachment C are predominantly environmental. These SDRs and COAs are considered environmental protection measures, because they implement the City’s General Plan 2035 Environmental Impact Report (GP EIR). They also enforce City Code and Ordinances, and state and federal laws that are designed to avoid or substantially reduce (mitigate) environmental impacts for development projects (i.e., Zoning Ordinance, City Code, Stormwater Requirements, Tree Protection Ordinance, Noise Ordinance, Grading Regulations, National Pollutant Discharge Elimination System (NPDES) requirements, Housing Element and other General Plan Element-related mitigation measures, California Building Code, Reach Codes, Uniform Fire Code, Climate Action Plan, and Complete Streets Policy, etc.), which have been found to substantially mitigate environmental effects.
Applicability
As previously discussed, the City has undertaken program-level environmental review as part of the update of the City’s General Plan, through adoption of the General Plan EIR. In order to rely on the environmental review conducted in the General Plan EIR, and to ensure that there will not be significant environmental impacts from individual development projects, all applicants for discretionary projects are required to agree to the mitigation measures identified in the General Plan EIR. As the majority of these measures have been incorporated into the development review process and/or made into standard conditions of project approval, applicants also must agree to all applicable standard conditions of approval 51
0 - Standard COAs for Large Development Projects - Staff Report1 that were adopted to avoid or mitigate environmental impacts. This requirement includes projects that are categorically exempt from the California Environmental Quality Act (CEQA).
The conditions in Attachment C are listed under the applicable resource area identified in California Environmental Quality Act (CEQA) Guidelines, Appendix G (Environmental Checklist Form). The applicability of the standard conditions is indicated below each resource area identified in the list. Not all standard conditions are applicable to all projects and project sites. For example, tree protection measure COAs would not be applicable for a project that had no trees on or adjacent to a project site.
Implementation
As applicable, the Conditions are adopted as requirements of an individual project when the project is approved by the City and are designed to, and will, substantially mitigate environmental effects. In reviewing project applications, the City determines which of the Conditions are applied, based upon the project’s characteristics and location, zoning district, applicable plans, and type(s) of permit(s)/approvals(s) required for the project.
Where there are peculiar circumstances associated with a project or project site that will result in significant environmental impacts despite implementation of the SDRs and standard COAs, the City will determine whether there are feasible mitigation measures to reduce the impact to less than significant levels in the course of appropriate CEQA review (mitigated negative declaration or EIR).
City staff have been utilizing a mitigation measure (MM) Agreement form for the last three years. Staff proposes to modify the City’s MM agreement form to include an agreement for SDRs and Standard COAs; the SDR and Standard COA list would be an attachment to the MM and standard COA agreement form. The forms are intended to memorialize standard development processes /COAs, and to generally explain when they are applicable. The modified agreement and proposed Standard COAs are included as staff report Attachments B and C, respectively.
Adoption Finding
Adoption of the SDRs and COAs for large and complex projects requires the City Council to make a single finding that these standards would substantially mitigate environmental effects.
Response. As previously discussed, the SDRs and standard COAs for large and complex projects were largely derived from the City’s General Plan 2035 Programmatic EIR, state and federal laws, and local plans, policies, and ordinances that were designed to avoid or reduce the significant environmental impacts of development projects. In addition, SDRs and standard COAs were formulated from review of professionally prepared reports (i.e., Arborist Reports, Biological Reports, Geotechnical Reports, Cultural Resource Evaluations, etc.), and through consultations with state and county agencies (i.e., San Mateo County Environmental Health Department, California Department of Toxic Substance Control, California Fish and Wildlife Service, etc.).
In various forms and circumstances, the SDRs and standard COAs for large and complex projects, have been uniformly applied and incorporated into projects regardless of the project’s environmental determination. Thus, there is substantial evidence in City records over the course of many years that these SDRs and standard COAs would substantially mitigate the environmental effects development projects. 52
0 - Standard COAs for Large Development Projects - Staff Report1 As such, Staff and the Planning Commission recommend that this requisite finding for adoption of the SDRs and standard COAs can be made in the affirmative.
Update Process
If the City Council elects to adopt the proposed SDRs and Standard COAs, modifications to this item will need to occur from time to time to address changes in state and federal laws, revisions to policy documents, and updates to adopted environmental documents. For example, the City will need update the General Plan Safety Element within the next year. There is likely to be additional mitigation measures, SDRs and Standard COAs as a result of this update. In addition, new lists would need to be generated for small projects (i.e., Single-Family Design Reviews), and for regular and administrative COAs.
Any update process for SDRs and Standard COAs would need to include revisions generated by staff, and adoption by a review authority. The process could also include recommendations from the Community Development Director and the Planning Commission, and could be different for different types of COAs.
Staff recommends a review process that is based on the type of COAs, and the roles and responsibilities of the development review process (see Table below). Staff requests that the City Council provide feedback on a preferred process for periodic updates of SDRs and Standard COAs.
SDRs & Standard COAs – Review Processes
Type of COAs Recommendation Review Authority 1
Administrative Planning Staff Community Development Director Environmental Community Development Director Planning Commission NonEnvironmental Planning Staff Community Development Director 1 For items that include more than one type of COA, the highest-level process would be followed, except that minor modifications and additions to any list would be approved by the Community Development Director.
ENVIRONMENTAL CLEARANCE (CEQA)
The proposed establishment of standard development requirements (SDRs) and standard conditions of approval (COAs) for large and complex projects is categorically exempt from the provisions of the California Environmental Quality Act by provision of Section 15061(b)(3) in that these items do not have the potential to cause a significant effect on the environment and are not subject to CEQA review.
The adoption of standard development requirements (SDRs) and standard conditions of approval (COAs) for large and complex projects would be consistent with the City’s General Plan 2035 Programmatic EIR, state and federal laws, and local plans, policies, and ordinances that were designed to avoid or reduce the significant environmental impacts of development projects. In addition, application of these standardized requirements in various forms and circumstances have proven to avoid or reduce significant environmental impacts. Thus, adoption of SDRs and Standard COAs would not have a significant adverse effect on the environment, and the activity is not subject to CEQA
Alternatives
1. Take No Action.
2. Continue the Item and Direct Staff to Provide Additional Information. 53
0 - Standard COAs for Large Development Projects - Staff Report1 Attachments
A. Resolution Adopting SDRs and Standard COAs for Large Development Projects B. Mitigation Measure & Standard COA Agreement Form
C. Standard Development Requirements and COAs for Large Development Projects D. Planning Commission Resolution No.: 2023-05
Fiscal Impact
☒ No Fiscal Impact
☐ Funding Source Confirmed:
Source: Purpose: Public Outreach:
Staff Plan Implementation* Posting of Agenda
* Belmont General Plan 2035 Implementation
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RESOLUTION NO. 2023 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT ADOPTION
OF STANDARD DEVELOPMENT REQUIREMENTS AND STANDARD
CONDITIONS OF APPROVAL FOR LARGE AND COMPLEX DEVELOPMENT
PROJECTS
WHEREAS, in 2017 the City Council certified a Final Environmental Impact Report (FEIR) that evaluated the environmental impacts of the City’s 2035 General Plan, Phase I Zoning, Belmont Village Specific Plan (BVSP) and Zoning, and Climate Action Plan (CAP).
Subsequent to its adoption, Belmont City staff has implemented various aspects of the General Plan by adopting implementation ordinances and plans, updating the Zoning Code, and modifying the development review process; and,
WHEREAS, CEQA Guidelines, § 15183, (a) mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site; and,
WHEREAS, CEQA Guidelines, § 15183, (c) indicates that if an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, then an additional EIR need not be prepared for the project solely on the basis of that impact; and,
WHEREAS,CEQA Guidelines, § 15183, (f), indicates that an effect of a project on the environment shall not be considered peculiar to the project or the parcel for the purposes of this section if uniformly applied development policies or standards have been previously adopted by the city or county with a finding that the development policies or standards will substantially mitigate that environmental effect when applied to future projects, unless substantial new information shows that the policies or standards will not substantially mitigate the environmental effect; and,
WHEREAS, the City has prepared standard development requirements (SDRs) and standard conditions of approval (COAs) for large and complex projects that will be uniformly applied, and incorporated into projects to implement the 2035 Belmont General Plan EIR Policies that were adopted to avoid and mitigate the significant environmental impacts of development projects; and,
WHEREAS, there is substantial evidence in the record that the aforementioned standard development requirements and standard conditions of approval for large and complex projects will substantially mitigate the environmental effects of development projects, including: General Plan EIR analysis, technical reports, and studies; Climate Action Plan, Belmont Village Specific Plan, City Code, Noise Ordinance, Tree Preservation Ordinance, General Plan Conservation Element, Housing Element, Grading Regulations, National Pollutant Discharge Elimination System (NPDES); and,
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WHEREAS, at a publicly noticed meeting on February 21, 2023, the Planning Commission adopted Resolution Number 2023-05 recommending that the City Council adopt the proposed SDRs and Standard COAs for large and complex development projects; and, WHEREAS, on March 28, 2023 a public meeting was held by the City Council to consider the adoption of SDRs and Standard COAs for large and complex development projects where all relevant evidence was reviewed, including information provide in the staff report, public correspondence, and testimony received.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. ENVIRONMENTAL REVIEW
The proposed establishment of standard development requirements (SDRs) and standard conditions of approval (COAs) for large and complex projects is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) by provision of Section 15061(b)(3) in that these items do not have the potential to cause a significant effect on the environment and are not subject to CEQA review.
The adoption of standard development requirements (SDRs) and standard conditions of approval (COAs) for large and complex projects would be consistent with the City’s General Plan 2035 Programmatic EIR, state and federal laws, and local plans, policies, and ordinances that were designed to avoid or reduce the significant environmental impacts of development projects. In addition, application of these standardized requirements in various forms and circumstances have proven to avoid or reduce significant environmental impacts. Thus, adoption of SDRs and Standard COAs would not have a significant adverse effect on the environment, and the activity is not subject to CEQA.
SECTION 2. FINDING
The City Council incorporates and adopts the analysis and finding in the staff report to the City Council dated March 28, 2023; and, determines that the requisite finding for approval of the SDRs and Standard COAs for Large and Complex Development Projects can be made in the affirmative, as follows:
1) Adoption of the SDRs and COAs for large and complex projects would substantially mitigate environmental effects.
Response: The SDRs and standard COAs for large and complex projects were largely derived from the City’s General Plan 2035 Programmatic Environmental Impact Report (EIR), state and federal laws, and local plans, policies, and ordinances that were designed to avoid or reduce the significant environmental impacts of development projects. In addition, SDRs and standard COAs were formulated from review of professionally prepared reports (i.e., Arborist Reports, Biological Reports, Geotechnical Reports, Cultural Resource Evaluations, etc.), and through consultations with state and county agencies (i.e., San Mateo County Environmental Health Department, California Department of Toxic Substance Control, California Fish and Wildlife Service, etc.).
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In various forms and circumstances, the SDRs and standard COAs for large and complex development projects, have been uniformly applied and incorporated into projects regardless of the project’s environmental determination. Thus, there is substantial evidence in City records over the course of many years that these SDRs and standard COAs would substantially mitigate the environmental effects of development projects. As such, the requisite finding for adoption of the SDRs and standard COAs can be made in the affirmative.
SECTION 3. APPROVAL
The City Council approves the SDRs and Standard COAs for Large and Complex Development Projects.
* * *
ADOPTED March 28, 2023 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
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General Plan - Environmental Impact Report (EIR)
Mitigation Measures & Standard Conditions of Approval
Agreement Form
Purpose & Applicability
The City has undertaken program-level environmental review as part of the update of the City’s General Plan, through adoption of the General Plan EIR. In order to rely on the environmental review conducted in the General Plan EIR, and to ensure that there will not be significant environmental impacts from individual development projects, all applicants for discretionary projects are required to agree to the mitigation measures identified in the General Plan EIR. As the majority of these measures have been incorporated into the development review process and/or made into standard conditions of project approval, applicants also must agree to all applicable standard conditions of approval that were adopted to avoid or mitigate environmental impacts.
This requirement includes projects that are categorically exempt from the California Environmental Quality Act (CEQA). This form is intended to memorialize this agreement.
Background
On November 14, 2017, the Belmont City Council:
1. Certified a Final Environmental Impact Report (FEIR) that evaluated the environmental impacts of the City’s 2035 General Plan, Phase I Zoning, Belmont Village Specific Plan (BVSP) and Zoning, and Climate Action Plan (CAP); The “General Plan EIR” - SCH #2016082075.
2. Made the required CEQA findings, and adopted a Mitigation Monitoring and Reporting Program (MMRP) and a statement of overriding consideration for the project.
Program EIR
The City’s 2035 General Plan EIR is programmatic. As described in CEQA Guidelines Section 15168(a), a Program EIR is used to provide a means of evaluating a series of actions that can be characterized as one large project and that are related to each other (i.e., development anticipated for the buildout of the General Plan).
Reliance on a Program EIR
In accordance with CEQA Guideline Section 15162, if the lead agency reviewing a site-specific project finds that no new effects could occur or no new mitigation measures would be required compared to what was outlined in the EIR, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.
CEQA Guidelines Section 15168(c) provides criteria to determine whether actions are adequately addressed in a previously completed Program EIR, or whether an additional environmental document must be prepared. These factors include, whether:
• The later activity would have effects that were not examined in the Program EIR. • The project is within the scope of the project covered by the Program EIR; this is factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making that determination include, but are not limited to, 58 2 | P a g e
consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR.
• Feasible mitigation measures developed in the Program EIR have been incorporated into the later project, as required.
• The environmental effects of the operation of the project would be within the scope of the Program EIR.
Evaluation of Development Projects
The General Plan EIR identifies: 1) the potential impacts of the buildout of the General Plan; and 2) the General Plan, BVSP, CAP policies that would reduce or mitigate project impacts. As such, individual development projects are considered to be within the scope of the project covered by the General Plan Program EIR when they are found consistent with these relevant General Plan, BVSP, and CAP policies designed to mitigate or reduce impacts; however, individual development projects also must comply with mitigation measures identified in the adopted General Plan MMRP, and must adhere to standard City processes/conditions of approval that were adopted to avoid or mitigate environmental impacts.
Agreement
As discussed above, all applicants for development projects are required to agree to the mitigation measures identified in the General Plan EIR, and this includes the policies, programs and implementation measures within the General Plan, BVSP, and CAP that are designed to avoid, reduce or eliminate significant environmental impacts. Applicants must also agree to standard City processes/conditions of approval that implement policies and mitigation measures to reduce environmental impacts. Environmental measures may be accessed using the links provided below.
Standard Conditions of approval for complex projects (i.e., multi-family residential and commercial projects) and for single-family residential projects are included as Attachments A and B, respectively.
Executive Summary & Table ES-3 of the General Plan EIR – This table provides an outline of the significant impacts of the General Plan, and the policies and mitigation measures designed to reduce these impacts to the extent possible.
Mitigation Measure & Reporting Program
General Plan EIR
Policy Documents – This page includes 2035 General Plan, BVSP, & CAP As the applicant for the project located at ___________________, I hereby acknowledge that I have read, understand and will abide by: 1) all applicable mitigation measures identified in the City of Belmont 2035 General Plan EIR; 2) all standard conditions of approval that implement the General Plan EIR; and 3) all project-specific conditions of approval identified in project reports. _____________________________ ________________________ __________________ Signature Print Name Date
Application # _________________
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Attachment A - Standard Conditions of Approval
Complex, Commercial & Multifamily Projects
The following standard development requirements (SDRs) and conditions of approval (COAs) may be required for all complex projects, and for commercial, multi-family, and mixed-use project applications.
1 The conditions are listed under the applicable resource area identified in California Environmental Quality Act (CEQA) Guidelines, Appendix G (Environmental Checklist Form).
Not all standard conditions are applicable to all projects and project sites. The applicability of the standard conditions is indicated below for each resource area.
Aesthetics
The city regulates the potential aesthetic impacts of development via the Design Review process, and implements objective design standards for all large projects. The following standard conditions are required for all large projects that undergo Design Review:
COAs
1. All exterior lighting must employ the use of cut-off fixtures to restrict the direction of the light in accordance with City standards. Lighting should be the minimum required for safety, but not result in undue glare off site. There must be no floodlighting of landscape plantings, the apartment building, courtyards, or patios/decks. To ensure consistency with city standards for lighting and compliance with the submitted photometric plan, a final lighting review shall occur by Planning after installation of project lighting and before final Building Permit inspection.
2. Installation of roof mounted mechanical equipment shall be consistent with Elevation Drawings ________ and Sections _____________) dated ________. Roof mounted equipment shall be placed behind roof screens so as not to be visible from surrounding vantage points at or below the highest point of the equipment.
3. Except as modified by these conditions of approval, or as required by subsequent project review, the Building Permit Plans shall be consistent with the approved Planning Plans, date stamped ________ and inclusive of the architectural drawings (Sheets ____ through ___); Civil Engineering Plans (Sheets ____ through ____); Landscape Plans (Sheets ____ through ___), and Lighting Plans (Sheets ____ through ____).
4. The applicant shall demonstrate that the _____ building is consistent with the maximum floor area and height approved for the project, prior to final building permit inspection. As built, floor plans and a roof height elevation from an engineer or surveyor that includes any roof top equipment and screens shall be provided.
1 Complex Projects generally include General Plan Amendments, Rezoning, new buildings greater than 10,000 gross square feet, major subdivisions of land into five or more lots or condominium units,tentative maps, all vesting tentative maps, roadway improvement plans, and projects that include multiple, interrelated project entitlements. 60 2 | P a g e
5. Ground Equipment Screening. All exterior trash, recycling, and storage utility boxes, wood service poles, and electric and gas meters must be screened from visibility from the surrounding public vantage points (right-of-way, public trails, open space and parks). Said screening must incorporate the same architectural design, colors, and materials as the main building on site.
Air Quality
Construction & Operations
The General Plan EIR (GP EIR) indicates that individual development projects have the potential for construction and operational emissions in excess of BAAQMD’s project level thresholds; however, Mitigation Measures AQ-1 through AQ-4 would reduce construction related emissions, and Mitigation Measure AQ-5 would address operational-related emissions. Thus, all large projects are required to implement the following mitigation measures as standard conditions of project approval:
1. Pursuant to GP EIR Mitigation Measure AQ-1, the applicant shall require their contractors, as a condition of contract, to further reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on an EPAapproved Tier 4 or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially available within 200 miles of the project site. The construction contract must identify these pieces of equipment, document their unavailability, and ensure that they operate on no less than an EPA- approved Tier 3 engine. ARB regulations will result in the percentage of Tier 4 engines increasing over the next several years.
2. Pursuant to GP EIR Mitigation Measure AQ-2, the applicant shall require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on renewable diesel (such as Diesel high performance renewable). Renewable diesel is currently commercially available in San Francisco Bay Area.
3. Pursuant to GP EIR Mitigation Measure AQ-3, the applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction. The project applicant will submit evidence of the use of low-VOC coatings to BAAQMD prior to the start of construction.
4. Pursuant to GP EIR Mitigation Measure AQ-4, the applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas. The following measures are based on BAAQMD’s current CEQA guidelines. a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) will be watered two times per day. b) All haul trucks transporting soil, sand, or other loose material offsite will be covered. 61 3 | P a g e
c) All visible mud or dirt track-out onto adjacent public roads or sidewalks will be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d) Entry and exit from the site will use rock or rumble strips to prevent tracking. e) All vehicle speeds on unpaved roads, driveways, or driving surfaces shall be limited to 15 mph.
f) All roadways, driveways, and sidewalks to be paved will be completed as soon as possible.
Building pads will be laid as soon as possible after grading unless seeding or soil binders are used.
g) Post a publicly visible sign with the telephone number and the name of the person to contact at the lead agency regarding dust complaints. This person will respond and take corrective action within 48 hours. The phone number of the District will also be visible to ensure compliance.
5. Pursuant to GP EIR Mitigation Measure AQ-5, the developer(s) shall provide education for residential and commercial tenants concerning green consumer products. Prior to receipt of any certificate of final occupancy, the project sponsors shall work with the City of Belmont to develop electronic correspondence to be distributed by email to new residential and commercial tenants that encourages the purchase of consumer products that generate lower than typical VOC emissions. Examples of green products may include low-VOC architectural coatings, cleaning supplies, and consumer products, as well as alternatively fueled landscaping equipment.
6. The applicant must require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by implementing following measures during construction related activities:
a. Idling times must be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage must be provided for construction workers at all access points. b. All construction equipment must be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment must be checked by a certified mechanic and determined to be running in proper condition prior to operation.
7. The applicant must require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that paints and solvents have a VOC content of 100 grams per liter or less for interior surfaces and 150 grams per liter or less for exterior surfaces.
Sensitive Receptors
The General Plan EIR indicates that the construction of individual development projects has the potential to expose sensitive receptors (residential uses, hospitals, schools, daycare centers, etc.) to toxic air contaminants (TACs). Thus, General Plan EIR Mitigation Measure AQ-6, requires that all projects proposing development within 1,000 feet of existing sensitive receptors prepare a 62 4 | P a g e
site-specific health risk assessment (HRA). If the HRA demonstrates, to the satisfaction of the City, that the health risk exposures for adjacent receptors will be less than BAAQMD project-level thresholds, then additional mitigation would be unnecessary. The preparation of a project-specific HRA is a standard development requirement (SDR) for all large projects that are proposed within 1,000 feet of existing sensitive receptors.
COA - Dust Control
In addition to the above COAs, the Public Works Department requires the following standard dust control COA for all large projects:
1. The owner/applicant must submit a dust control plan for approval by the Department of Public Works. To reduce dust levels, exposed earth surfaces shall be watered as necessary.
The application of water must be monitored to prevent runoff into the storm drain system.
Spillage resulting from hauling operations along or across any public or private property shall be removed immediately. Dust nuisances originating from the contractor’s operations, either inside or outside of the right-of-way must be controlled. The measures must also include:
a) Water all active construction sites at least twice daily. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
c) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. d) Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. All sidewalks shall be kept clear of dust and debris unless the sidewalk is closed as part of a City approved traffic control plan. e) Sweep streets daily a l o n g t h e h a u l r o u t e (with water sweepers) if visible soil material is carried onto adjacent public streets.
f) Entry and exit from the site will use rock or rumble strips to prevent tracking. g) Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). h) Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiled materials.
i) Install sandbags or other erosion-control measures to prevent silt runoff to public roadways.
j) Replant vegetation in disturbed areas as quickly as possible. k) Watering should be used to control dust generation during the break-up of pavement. l) Cover all trucks hauling demolition debris from the site. m) Use dust-proof chutes to load debris into trucks whenever feasible. n) Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind.
o) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be in proper running order prior to operation. 63 5 | P a g e
p) Diesel powered equipment shall not be left inactive and idling for more than five minutes, and shall comply with applicable BAAQMD rules.
q) Use alternative fueled construction equipment, if possible. r) All vehicle speeds on unpaved roads shall be limited to 15 mph. s) Post a visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 24 hours. The Air District phone number shall also be visible to ensure compliance with applicable regulations.
Green House Gas
The following standard conditions of approval are required for all projects:
COAs – Green House Gas
1. A minimum of 10% of the construction materials must be acquired (sourced) within 100 miles of the planning area. Documentation must be provided before the final building permit inspection.
2. A minimum of 50% of the construction waste generated by this project must be recycled or salvaged for use. Documentation must be provided before the final building permit inspection. Sample forms located at www.hcd.ca.gov/CALGreen.html may be used to assist in documenting compliance.
3. Prior to issuance of a building permit, the applicant must provide documentation (i.e., construction contracts or signed agreements) demonstrating that all contractors and subcontractors agree to operate all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of work on renewable diesel (such as Diesel high performance renewable).
Biological Resources
The GP EIR indicates that the construction/operation of individual development projects may result in direct and indirect environmental impacts to sensitive habitats and species in the planning area; however, the GP EIR identifies policies to mitigate these impacts, and the City has established a SDR that requires the submittal of a biological report for development on properties that are either found to contain sensitive resources or are adjacent to properties that contain sensitive resources, as shown in General Plan EIR Figures 4.3-1 through 4.3-5.
In addition, the City has established SDRs and COAs for specific situations as follows:
Tree Impacts
General Plan polices require compliance with the City's adopted Tree Preservation Ordinance (Chapter 25 of the City Code). The Tree Ordinance provides a process and standards for review of projects that may impact or remove protected trees. Environmental impacts are considered mitigated for projects that adhere to this policy.
The City follows a SDR that requires the submittal of an arborist report for development projects where trees may be impacted. The arborist report is required to assess the project’s potential 64 6 | P a g e
impacts to trees on and adjacent to the site (depending on the scope of the project), and to provide protective measures to either prevent impacts or mitigate impacts to less than significance. The City requires adherence to the tree protection measures identified in the arborist report as a standard condition of project approval. Standard conditions of approval are as follows:
COAs – Tree Protection
1. The applicant shall implement the Tree Protection Guidelines identified in the project Arborist Report; the project arborist must review the final building and grading plans, and confirm in writing any changes to the design recommendations. The guidelines must be included on a plan sheet submitted with the building permit application.
2. Prior to issuance of a grading or building permit, the applicant must submit written confirmation from the Project Arborist that all tree protection measures, and preconstruction treatments have been installed and inspected, and that they meet the arborist’s specifications.
3. Any approved grading, construction, demolition or other work within the tree protection zone must be monitored by the project arborist.
4. Tree protection devices are to remain until all site work has been completed within the work area. Fences or other protection devices may not be relocated or removed without permission of the Project Arborist.
5. If unplanned or unapproved tree injuries or tree removals occur during project construction, the applicant shall contact City Planning Staff. Additional permits may be required.
6. After completion of exterior construction work and before final building permit inspection, the applicant shall submit a final written report/letter from the Project Arborist. Said report/letter must provide an evaluation of the construction impactsto the subject tree’s health orstructural stability, and must identify any additional provisions that may be required to these address impacts. The applicant is responsible to implement these recommendations.
A final report may be required on the effectiveness of the measures.
Migratory Birds & Bats
Nesting migratory birds are protected under the Migratory Bird Treaty Act, and Section 3503 of the California Fish and Game Code. Several species of bats that inhabit the Bay Area are listed as a California Species of Special Concern (CSSC). Tree removal has the potential to disturb nesting migratory birds and bats. Thus, all applications that include tree removal are required to implement the following measures as standard conditions of project approval:
COAs – Nesting Birds
1. To minimize potential impacts on nesting raptors, the applicant shall either: 1) Avoid construction activities (i.e., tree pruning, tree removal, tree protection work, demolition, grading, and construction) during the active nesting season (between February 1, and August 65 7 | P a g e
31); or 2) Conduct pre-construction surveys for nesting raptors and provide appropriate buffer zones, if construction has the potential to impact nesting birds.
2. Pre-construction surveys shall be conducted by a qualified biologist or ornithologist in order to ensure that no raptor nests will be disturbed during project implementation. This survey will be conducted no more than 15 days prior to the initiation of construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). During this survey, the biologist will inspect all trees in and immediately adjacent to the impact areas for raptor nests. If an active raptor nest is found close enough to the construction area to be disturbed by these activities, the ornithologist, in consultation with the California Department of Fish and Wildlife Service, will determine the extent of a construction-free buffer zone to be established around the nest.
COAs – Bats
1. A qualified biologist shall visually inspect trees to be removed for bat roosts within 7 days prior to their removal. The biologist will look for signs of bats including sightings of live or dead bats, bat calls or squeaking, the smell of bats, bat droppings, grease stains, or urine stains around openings in trees or structures, or flies around such openings. Trees with multiple hollows, crevices, forked branches, woodpecker holes or loose and flaking bark have the highest chance of occupation and shall be inspected the most carefully.
2. If signs of bats are detected, CDFW should be contacted about how to proceed. Echolocation surveys may be needed to verify the presence of bats, or an exclusion zone around the occupied tree may be recommended until bats leave the roost. Due to restrictions of the California Health Department, direct contact by workers with any bat is not allowed. The qualified bat biologist shall be contacted immediately if a bat roost is discovered during project construction.
San Francisco Dusky-Footed Woodrat
The San Francisco Dusky-footed Woodrat (SFDW) occurs in a variety of habitats throughout the Bay Area. The SFDW is listed as a California Species of Special Concern (CSSC). Clearing, grading, and other construction activities have the potential to disturb Dusky-footed Woodrats.
Thus, the City has adopted an SDR that requires the submittal of a biological report for development on properties that are either found to contain wood rats, or are adjacent to properties that have a high likelihood to contain woodrats (i.e., woodlands, riparian, annual grass, coastal scrub and chaparral habitats delineated in GP EIR Figures 4.3-1 through 4.3-5). In addition, the following standard COAs are required for all applications that include clearing, grading, and other construction activities where there is a high likelihood of SFDW occurrence:
COAs – Woodrats
1. Pre-Construction Survey. No more than thirty days prior to site disturbances (i.e., clearing, grubbing, grading or tree removal), a qualified biologist must survey for SFDW nests within and adjacent to the limits of these activities (impact area). All nests (active or inactive) must be mapped and flagged in the field. If no stick nests are detected, no further surveys are 66 8 | P a g e
required, unless recommended by the biologist. The biologist must submit the results of the survey to the Community Development Department, prior to any site disturbances.
2. Construction Worker Education. Prior to issuance of building permits, the applicant must demonstrate that a qualified biologist has conducted worker environmental awareness training for all project construction personnel. The training must include a description of the San Francisco dusky-footed woodrat (SFDW) and how to recognize and avoid SFDW stick houses.
Workers must be instructed to remain within the designated work area at all times and to minimize the area of vegetation removal and ground disturbance to the minimum necessary for the project.
3. Avoidance / Buffer Plan. Woodrat houses within 50 feet of the construction activities area must not be physically disturbed and must be protected with the maximum feasible dispersal buffer, as determined by a qualified biologist. The buffer areas must be clearly marked with flagging. The buffer areas must be left in a natural, vegetated state and no construction activities or staging of equipment may take place within the buffer areas. The applicant must demonstrate that the buffer areas are in place and inspected by a qualified biologist, prior to grading, grubbing or tree removal activities.
4. Unexpected Woodrats. In the event that unexpected woodrat nests are encountered during construction activities, all construction activity in the area of the find shall be halted, and the Community Development Director shall be notified; a qualified biologist must examine the find and make appropriate recommendations for buffer installation (avoidance measures) or relocation of woodrat nests with approval by the California Department of Fish and Wildlife.
The applicant must demonstrate that the buffer is in place or the woodrats have been properly relocated, prior to resuming activities in the area of the find.
5. Relocation Plan. If woodrat nests are to be relocated, then a woodrat relocation plan must be prepared and submitted to California Department of Fish and Wildlife (CDFW) for approval. Relocations must be performed under the direct supervision of a qualified biologist approved for this project by the CDFW.
Riparian & Aquatic Resources
The City has adopted an SDR that requires the submittal of a biological report for development on properties that contain riparian and aquatic resources. The report must include an evaluation of the project for potential biological impacts, and must recommend measures to avoid impacts, as necessary, in accordance with Section 4.3 of the 2035 General Plan Environmental Impact Report (Biological Resources).
In addition, the biological report must review the submittal requirements for various agencies to determine whether or not other regulatory bodies would need to review the project under a Joint Aquatic Resource Permit (JARPA), or a San Francisco Bay Conservation Development Commission (BCDC) Permit. Projects that include ground disturbances or construction within 50 feet of the top of a creek bank, or within 100 feet of the San Francisco Bay typically require permitting by other regulatory agencies.
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The City requires that the applicant either obtain permits from other regulatory agencies with purview over the project, or demonstrate that no permits are required. In addition, the City requires adherence to the avoidance measures identified in the biological report as a standard condition of project approval. Standard conditions of approval are as follows:
COAs – Riparian & Aquatic Resources
1. Prior to issuance of permits for grading, building or tree removal, the applicant must: a) Provide copies of all permits from any relevant regulatory agencies (i.e., the U.S. Army Corps of Engineers, the San Francisco Bay Regional Water Quality Control Board, and the California Department of Fish and Wildlife, and San Francisco Bay Conservation Development Commission); and b) Demonstrate to the satisfaction of the Community Development Director that permits are not required from any relevant regulatory agencies.
2. The applicant shall implement the avoidance measures identified in the project Biological Report; These measures shall be included on a plan sheet submitted with the grading and building permit applications.
3. Prior to issuance of a grading or building permit, the applicant shall submit written confirmation from the project biologist that all avoidance measures, and pre-construction treatments have been installed and inspected, and that they meet the biologist’s specifications.
Oak Woodlands
Figure 4.3-1 of the General Plan EIR identifies large stands of California Valley, Coastal, and Blue Oak Woodlands that have been preserved throughout the City. Section 21083.4 of the Public Resources Code (The California Oak Woodlands Conservation Act) was enacted in 2001 to protect oak woodland habitats that were being diminished due to development, firewood harvesting, and agricultural conversions. As amended in 2022 by Senate Bill (SB 1404), the Act requires a lead agency to: 1) determine whether a project within its jurisdiction may result in a conversion of oak woodlands that will have a significant effect on the environment; 2and 2) to require certain oak woodlands mitigation alternatives (i.e., adopting conservation easements, replanting / maintaining oak trees, contributing to an Oak Woodlands Conservation fund, other measures developed by the lead agency, etc.).
The City follows a SDR that requires the submittal of a biological report and an arborist report for development projects that contain oak woodland resources. The arborist report is required to assess the project’s potential impacts to trees on and adjacent to the site (depending on the scope of the project), and to provide protective measures to either prevent impacts or mitigate impacts to less than significance. The City requires adherence to the tree protection measures identified in the arborist report as a standard condition of project approval. In addition, the City requires the following mitigation measure as a standard COA for projects that remove three or more oak trees in an oak woodland:
2 SB 1404 indicates that the removal of three or more oak trees within an oak woodland located within areas mapped by state or local agencies as areas critical to habitat linkage, natural resources protection, or otherwise related to biodiversity and conservation constitutes a significant effect on the environment. 68 10 | P a g e
COA - Oak Woodland Habitat
1. The loss of oak woodland habitat must be mitigated through onsite plantings of coast live oaks (Quercus Agrifolia) trees at a minimum 15-gallon size. The project applicant must prepare a Planting Plan to address oak woodland planting as mitigation. The project applicant must replace removed oak trees at the following ratios:
• 5:1 replacement for impacted oak trees greater than 25 inches in diameter • 2:1 replacement for impacted oak trees smaller than 25 inches in diameter The replacement trees must be monitored for a period of five years and must be able to survive the last two years of the minimum five-year monitoring period without supplemental irrigation.
If at any time the applicant identifies additional trees that need to be removed, the applicant must first get written approval from the City of Belmont and applicant must revise the final Planting Plan to include additional tree plantings in accordance with the above mentioned ratios.
In circumstances when oak trees plantings cannot be replanted onsite, as determined by a qualified arborist or forester, the applicant may also mitigate by contributing to the City’s inlieu fee program fund (at the replacement ratiosidentified above) in accordance with the City’s current Master Fee Schedule.
Cultural Resources
In accordance with General Plan EIR policies, the City has adopted an SDR that requires applicants to: a) Review records for development proposed in areas that are considered archaeologically or paleontologically sensitive; b) Prepare a report that determines the potential effects of development and construction on archaeological or paleontological resources (as required by CEQA); c) Conduct pre-construction surveys and monitoring during any ground disturbance for all development in areas of historical and archaeological sensitivity; and d) Implement appropriate measures to avoid the identified impacts, as conditions of project approval (i.e., halting construction when resources are uncovered, evaluating the find, and implementing avoidance measures and/or mitigation plans as required by CEQA).
The following standard conditions of approval are required for all projects:
COAs - Archeological Resources
1. Prior to issuance of building permits, the applicant shall demonstrate that construction crews have proper training for the discovery, handling and retention methods for paleontological, archeological and/or cultural resources found at the project site. Project personnel should not collect cultural resources. Prehistoric resources include: chert, or obsidian flakes, projectile points, mortars and pestles, dark, friable soil containing shell and bone dietary debris, heat- affected rock, or human burials. Historic resources include: stone or adobe 69 11 | P a g e
foundations or walls, structures and remains with square nails, and refuse deposits or bottle dumps.
2. In the event that paleontological, archaeological, and/or cultural resources are encountered during construction activities, all construction activity in the area of the find shall be halted, and the Community Development Director shall be notified; an archaeologist shall examine the find and make appropriate recommendations. A plan for the mitigation of impacts to the resources will be prepared and submitted to the City of Belmont for approval. Additional CEQA review may be required depending upon the evaluation of the find.
COA – Human Remains
1. If any human remains are discovered or recognized in any location on a project site or within the public right-of-way, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:
o The San Mateo County Coroner/Sheriff has been informed and has determined that no investigation of the cause of death is required; and o If the remains are of Native American origin:
a) The descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98; or
b) The Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being notified by the commission.
The following standard condition of approval is required for all projects in areas with a medium to high archaeological sensitivity:
1. All earthmoving activities for the project, both on site and within the public right-of-way, shall be monitored by a qualified professional archaeologist who meets the Secretary of the Interior's Standards for Archaeology. A report on the results of the monitoring shall be submitted to the Community Development Department, prior to the construction of the building foundation.
Geology & Soils
Geology
The Belmont City Code requires a soils and engineering geology report for all new or substantially altered foundations (BCC 7-12, IBC 106.1 & 1804.3). The City Code also established a peer review process for geotechnical reports by a consulting engineering geologist working for the City.
This process occurs as part of entitlement review. After a project has been cleared through geotechnical peer review, the following standard COAs are required for all projects:
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COAs – Geotechnical
1. Geotechnical Plan Review - Before submittal to the City, the Project Geotechnical Consultant shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, building set-backs, site drainage improvements and design parameters for foundations, retaining walls and access driveway/garage) to ensure that their recommendations have been properly incorporated.
The consultant shall ensure that the geotechnical design recommendations comply with the most current seismic design parameters of the California Building Code. The results of the geotechnical plan review and updated geotechnical design recommendations shall be summarized by the Project Geotechnical Consultant in a letter and submitted to the city for review and approval prior to issuance of building permits.
2. Geotechnical Field Inspection –The geotechnical consultant must inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections must include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The results of these inspections and the asbuilt conditions of the project must be described by the geotechnical consultant in a certification letter and submitted to the City Engineer prior granting final occupancy.
Grading & Erosion Control
The following standard grading and erosion control COAs are required for construction of all projects to prevent significant grading and soil erosion impacts:
1. Prior to any grading or clearing being performed on-site, the owner/applicant shall submit a grading plan prepared by a California-registered Civil Engineer in accordance with City Grading Ordinance, Chapter 9, Section 3 of the City Code, with a grading permit application, for approval by the Department of Public Works and Building Division. The plan must incorporate the following restrictions:
a. All soils stockpiled on the site during construction must be covered or otherwise protected from wind and water erosion.
b. During construction, erosion and sedimentation control plans must be implemented to retain sediments on-site.
c. Site grading and finished construction must be designed and executed in such a manner as to avoid diverting runoff onto other properties.
d. Restrictions and recommendation of the Geologic and Soils report as approved by the City’s Geologist.
2. Grading shall neither be initiated nor continued between November 15 and April 15. Grading shall be done between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday unless otherwise specifically authorized by the Director of Public Works, or his/her designee. The Stormwater Pollution Prevention Program Best Management Practices (BMPs) for construction shall be implemented to protect water quality. 71 13 | P a g e
3. The applicant must obtain a General Construction Permit from Regional Water Quality Control Board prior to beginning of grading.
4. A letter from the geotechnical consultant, shall inspect, test (as needed) and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to site preparations and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the replacement of steel and concrete. The geotechnical consultant shall observe all excavations during project grading to verify anticipated geologic conditions and to check for any apparent indications of temporary excavation instability. In addition, the geotechnical consultant shall observe installation of construction shoring measures. A final geotechnical inspection shall be performed of completed drainage improvements to verify conformance with geotechnical standards.
5. The results of these inspections as the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final (granting of occupancy) project approval.
6. The applicant must submit an erosion and sedimentation control plan describing Best Management Practices (BMPs) to be used to prevent soil, dirt, and debris from entering the storm drain system. The plan shall include the following items:
a) Asite plan showing the property lines, existing and proposed topography,and slopes; areas to be disturbed, locations of cut/fill and soil storage/disposal area; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourses or sensitive areas on-site or immediately downstream of project; and designated construction access routes, staging areas and washout areas. b) Erosion and sediment controlsto be used during construction,selected as appropriate from the California Regional Water Quality Control Board, San Francisco Bay Region Erosion and P.O. Box 791, Oakland, CA 94604-0791.
c) Methods and procedures to stabilize denuded areas and install and maintain temporary erosion and sediment control continuously until permanent erosion controls have been established.
d) Provision for preventing erosion and trapping sediment on-site, such as sediment basins or traps, earthen dikes or berms, fiber rolls, silt fence, check dams, storm drain inlet protection, soil blankets or mats, covers for soil stockpiles and/or other measures. e) Provisions for installing vegetative cover in disturbed areas, including areas to be seeded, planted, and/or mulched, and types of vegetation proposed. f) Provision for diverting on-site runoff around exposed areas and diverting off-site runoff around the project site (e.g., swales and dikes).
g) Notes, specifications, and/or attachments describing the construction, operation and maintenance of erosion and sediment control measures, including inspection frequency; methods and schedule for grading, excavation, filling clearing of vegetation and storage and disposal of excavated or cleared material; types of vegetative cover and mulch, 72 14 | P a g e
including methods and schedules for planting and fertilization; and provisions for temporary and permanent irrigation.
Hazardous Materials
The General Plan EIR concluded that implementation of the policies of the General Plan, and existing state and local regulations would reduce the impact of hazardous materials use, storage, disposal, and accidental release to less than significant; however, the General Plan EIR analysis indicates that the review of environmental risks did not include any sampling, site-specific review, laboratory analysis, or physical inspection of buildings or site surfaces.
The EIR notes that site-specific investigation for projects developed under the General Plan Project will be required to address hazardous materials conditions. As such, the City has a SDR that requires the submittal of a Phase I environmental site assessment for specific projects, and if a Phase I assessment indicates the presence or likely presence of contamination, a Phase II soil/groundwater testing and remediation through the Certified Unified Program Agency (CUPA) for the area, the San Mateo County Environmental Health Services - Groundwater Protection Program (SMCEH-GPP) is required before development may occur. This remediation includes the preparation of other plans and reports that are reviewed and approved by the CUPA, such as a Soils & Groundwater Management Plan (SMP), a Health and Safety Plan (HSP), a Dust and Vapor Control Plan (DVCP), and a Vapor Intrusion Mitigation (VIM) plan.
Applicants are also subject to a SDR and standard conditions of approval for building demolitions, pertaining to hazardous materials abatement of lead, mold, asbestos, and other common contaminants. In addition, demolition activities must comply with Bay Area Air Quality Management District (BAAQMD) Regulation XI, Rule 11-2 for the control of asbestos containing material (ACM). Thus, applicants must engage the services of a qualified hazardous materials consultant, obtain any required permits from the BAAQMD, and remove any hazardous materials as part of the demolition process.
The following standard conditions of approval are required for all projects that include demolition of buildings and hazardous materials remediation:
COAs – Hazardous Materials
1. The applicant must engage the services of a qualified hazardous materials abatement specialist to: a) Conduct a survey for hazardous materials (e.g., lead, Polychlorinated biphenyls, asbestos, mold, mercury, etc.) in the existing structures, prior to demolition; and b) remove any hazardous materials in compliance with all pertinent regulations regarding handling and disposal of these hazardous materials, including City demolition permit requirements.
2. A Health and Safety Plan (HSP) pursuant to the Occupational Health and Safety Administration Standard “Hazardous Waste Operations and Emergency Response” guidelines (29 CFR 1910.120) and the California Occupational Health and Safety Administration “Hazardous Waste Operations and Emergency Response” guidelines (CCR Title 8, Section 1592), must be submitted to the City Building Division, prior to issuance of any demolition, grading or building permits. A plan sheet must be prepared noting the requirements of the HSP as a part of the demolition, grading and building permit submittal. 73 15 | P a g e
3. Prior to issuance of a grading permit or building permit, the applicant shall demonstrate that contractor compliance with the SMP obligations have been specified in the project proponent’s contract documentation for the contractors performing subsurface work. Each contractor must require its employees who may directly contact impacted media to perform all activities in accordance with the contractor’s HSP. Each construction contractor must ensure that its on-site construction workers will have the appropriate level of health and safety training and Site-specific training and will use the appropriate level of personal protective equipment (PPE) as determined in the relevant HSP based upon the evaluated job hazards and monitoring results.
4. Priorto issuance of grading or building permits, the applicantshallsubmit a site access control plan, which at minimum shall include perimeter fencing, the closing and locking of gates during non-construction hours, and the posting of “no trespassing” signs in prominent locations that are visible to the general public. Said plan shall be implemented prior to the occurrence of any onsite grading work.
5. A qualified environmental consultant (as identified in the project GMP) and a licensed contractor with a Hazardous Substance Removal Certification from the State of California must be on site during demolition, grading and trenching activities to oversee operations. This requirement must be noted on the plans approved for demolition, grading and construction.
No permits will be issued in absence of noting and fulfilling this requirement.
6. The Project site must be posted with a sign on all sides identifying the name and telephone number of the project sponsor and environmental consultant. Contact information will be provided for the public to report visible dust so that fugitive dust can be promptly addressed.
The contact information will allow for a “visible dust alert” hotline that is monitored by the responsible person (or designee) during construction hours and allows for voice messaging at all other times.
7. A schedule of the anticipated demolition, grading and construction operations must be prepared that identifies the types of activities and duration of the activities on the Project site.
The Project sponsor shall mail the schedule to the owners and occupants of property within a 300-foot radius of the Project site no less than two weeks prior to the start of demolition, grading or construction. Proof of mailing shall be provided to the Planning Division. The schedule shall be posted on the jobsite visible from all four sides of the project site.
8. The soil and groundwater management plan approved by SMCEH’s Groundwater Protection Program (SMCEH-GPP), shall be submitted to the City Building Division, prior to issuance of any demolition, grading or building permits. A plan sheet must be prepared noting the requirement to follow the approved soil and groundwater management plan, and all of provisions of the Site Management Plan as a part of the demolition, grading and building permit submittal. Said plan sheet must also include the approval letter from SMCEH-GPP, and any identified conditions of approval. Unless specifically addressed in the SMCEH-GPP conditions of approval or not required by the CUPA due to the specific site/project circumstances, the following standards are required:
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a. All contaminated soil removed for the construction of project shall be disposed off-site at an appropriately licensed landfill. It is the responsibility of the property owner representative, and the lead environmental consultant, to ensure that soil management and disposal procedures are followed.
b. A temporary construction dewatering plan shall be provided with the application for a grading permit. Said plan shall identify methods to remove, store, characterize, and properly dispose of water from excavations during construction activities. Contained water or groundwater can be disposed of off-site at an appropriate facility, under permit to the local sanitary sewer, or under a NPDES permit if sewer discharge cannot be obtained. Prior to discharge to the sewer, the water must be tested and permitted in accordance with the Silicon Valley Clean Water requirements. c. It is the responsibility of the property owner representative, and the lead environmental consultant, to inform the CUPA (SMCEH -GPP) with regard to the project schedule and completion.
d. The project plans submitted for grading and building permits shall include a sheet that identifies any Mitigation Measures for Visible Dust identified in the Dust and Vapor Control Plan (DVCP). Said measures shall be implemented at all times during construction activities, or as specified in the DVCP. A copy of the plan shall be maintained on site, and made available for construction inspectors upon request. e. A Stormwater Pollution Prevention Program (SWPPP) shall be submitted prior to issuance of grading permit for the project. Said plan shall describe the stormwater pollution prevention measures that contractors will implement during construction.
Compliance with the SWPPP must be maintained throughout the duration of the construction work. In addition, the contractor will comply with the San Mateo Countywide Stormwater Pollution Prevention Program (STOPPP) requirements and B e s t M a n a g e m e n t P r a c t i c e s ( BMPs). These requirements and BMPs are available at: https://www.flowstobay.org
f. The project plans submitted for grading and building permits shall include a sheet that identifies the protocols to be followed for Unanticipated Conditions (as identified in the SMP).
g. A comprehensive report, including results of soil disposal manifests/receipts, groundwater discharge and permits, associated laboratory reports, and soil gas sample results, shall be submitted to the CUPA following completion of site activities. 75 17 | P a g e
Fire Hazards
Standard Review
The San Mateo Consolidated Fire District reviews development project for conformance with all applicable fire codes. Projects that meet a specified threshold, are required to include fire sprinklers, and all project sites must be readily identifiable (addressed) such that they can be located by first responders. Standard conditions of approval are as follows:
COAs – Standard
1. A separate application and permit are required for the installation or alteration of any Automatic Fire Extinguishing System. The application shall be made by either a Registered Engineer or by the Licensed Fire Sprinkler Contractor who will be performing the work. This application shall include any Fixed Fire Protection System. A valid Permit and Approved Plans shall be at the jobsite at all times.
2. Prior to application for a Fire Sprinkler Permit, the applicant shall submit plans to the MidPeninsula Water District (MPWD) for their review and approval. Contact MPWD at 650-591- 8941 to coordinate review of the project.
3. A separate application and permit are required for the installation or alteration of any Fire Alarm, or Water-flow Monitoring System. This application shall include the interconnection of any Fixed Fire Protection System to an Alarm System where provided. A valid Permit and Approved Plans shall be at the jobsite at all times.
4. A separate application and permit are required for the installation of any underground fire service lines. Application shall be made by a Registered Engineer or by either a General Engineering Contractor or a Licensed Fire Sprinkler Contractor, who will be performing the work.
5. Every building, or structure, shall be provided with an address. Numerals shall be located where clearly visible from the street or roadway upon which it fronts. Residential Structures shall have numerals a minimum of 4 inches in height and of stroke. Commercial Structures shall have numerals a minimum of 6 inches in height and inch stroke. Numerals shall be of contrasting color to their background and illuminated at night. Numerals shall be white in color when located upon glazing.
6. A Knox Key-Lock Box is required to be installed as shown on plans. Please contact Fire Prevention at 650-522-7940 to obtain an application.
7. Fire inspections are available Monday through Friday, 8:00 am to 4:00 pm. Call 650-522- 7940 a minimum of 48 hours in advance to place your inspection request.
8. On plans submitted for a Building Permit, show the location of all required Smoke Alarms and Carbon Monoxide Alarms, in accordance with CRC Sections 314 & 315. 76 18 | P a g e
9. In accordance with the Municipal Regional Storm water Permit (MRP), no fire sprinkler system drain shall discharge into any Storm Drain System. The system shall discharge to either a landscape area large enough to contain the outflow, or to the Sanitary Sewer by means of an indirect connection. Discharge to the Sanitary Sewer requires a Discharge Permit from Public Works. Indicate the location of the Fire Sprinkler System drain on plans submitted for a building permit.
10. Address Identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Said numbers shall be either internally or externally illuminated in all new construction and in all alterations greater than 50% of the original structure. Numbers shall be as follows: Minimum of one-half inch (1/2”) stroke by six inches (6”) high. When the structure is thirty-six (36) to fifty (50) feet from the street or fire department access a minimum of one-half inch (1/2”) stroke by nine inches (9”) high is required. When the structure is more than fifty (50) feet from the street or fire apparatus access, a minimum of one-inch (1”) stroke by twelve inches (12”) high is required.
Wildfire Zones
Wildland Urban Interface (WUI) refers to heavily vegetated open spaces, often on steep slopes, that are close to human developments and at high risk of wildfire. There are two geographical areas within Belmont that can be characterized as WUI—the canyons common to the Western Hills and the San Juan Canyon. In these locations, many homes are located immediately adjacent to open space that includes the physical features found in WUI areas. Some commercial and multi-family residential development are also located in these areas. The canyons of the Western Hills have been designated as a Very High Fire Hazard Severity Zone (VHFHSZ) by the California Department of Forestry and Fire Protection (Cal Fire), while the San Juan Canyon has been designated as a High Fire Hazard Severity Zone.
To reduce the threat to these areas, the General Plan EIR identifies polices that require new development to conform with building and fire code, and establish/maintain an area of defensible space between developed areas and wildland areas, known as the Wildland Urban Interface (WUI).
The City and the Fire District have developed a SDR to implement these policies, which includes review/approval of a Vegetation Management Plan (VMP). The intent of the VMP is to mitigate wildfire hazard by creating a 100-foot defensible space (i.e., a buffer space between a building and combustible vegetation and the urban wildland environment). The City also requires that new and substantially altered buildings conform with California Building Code (CBC), including Chapter 9 (Fire Protection Systems) of the CBC, which requires such improvements as fire sprinkler systems and fire alarms, and Chapter 7A of the CBC, that requires buildings in the WUI to be constructed of ignition-resistant materials and methods. Lastly, in certain circumstances the City requires measures to retrofit or “harden” existing buildings for protection from flying embers.
Standard COAs for projects in these hazard areas are as follows:
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COAs – Fire Hazards
1. Buildings on the project site are located in a High or Very High Fire Hazard Severity Zone, requiring design compliance with California Building Code (CBC) Chapter 7A. This must be identified on the Building Permit plans.
2. Class 2 ignition-resistant construction must be in accordance with Chapter 7A of the CBC.
3. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, must be a minimum of 1-hour fire resistance-rated construction, heavy timber construction or constructed of approved noncombustible materials or fire retardant-treated wood identified for exterior use and meeting the requirements of Chapter 7A of the California Building Code.
4. Protection of eaves. Combustible eaves, fascias and soffits must be enclosed with solid materials with a minimum thickness of ¾ inch (19 mm). No exposed rafter tails may be permitted unless constructed of heavy timber materials.
5. Roof covering. Roofs must have at least a Class B roof covering, Class B roof assembly or an approved noncombustible roof covering. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends must be fire-stopped to preclude entry of flames or embers.
6. Attic ventilation openings, foundation or under-floor vents or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed 144 square inches (0.0929 m2) each. Such vents shall be covered with noncombustible corrosion-resistant mesh with openings not to exceed ¼ inch (6.4 mm) or shall be designed and approved to prevent flame or ember penetration into the structure. Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves, or in other overhang areas. Gable end and dormer vents shall be located at least 10 feet (3048 mm) from property lines. Under-floor ventilation openings shall be located as close to grade as practical.
7. Buildings or structures shall have all under-floor areas enclosed to the ground, with exterior walls in accordance with 707A.8. Exception: Complete enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction or heavy timber construction.
8. Pursuant to Fire Protection District, Ordinance #2016-01, and CFC Section 903, the building must receive a fire sprinkler system and the plan will be a deferred submittal.
9. Automatic Fire Sprinklers are required. A separate application and permit are required for the installation or alteration of any Automatic Fire Extinguishing System. The application must be made by either a Registered Engineer or by the Licensed Fire Sprinkler Contractor who will be performing the work.
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10. Prior to application for a Fire Sprinkler Permit, the applicant must submit plans to the MidPeninsula Water District (MPWD) for their review and approval. Contact MPWD at 650- 591- 8941 to coordinate review of the project.
11. A separate application and permit are required for the installation of any underground fire service lines. Application must be made by a Registered Engineer or by either a General Engineering Contractor or a Licensed Fire Sprinkler Contractor, who will be performing the work.
12. Buildings on the project site are located within a Wildland-Urban Interface, (High or Very High Fire Hazard Severity Zone) requiring a Vegetation Management Plan (VMP), which has been reviewed/approved by the Fire Marshal. Said VMP must be incorporated into the Building Permit plans.
13. The VMP must be installed prior to any combustible construction on the site.
14. A VMP maintenance plan shall be submitted for review and approval by the Fire Protection District, prior to final building permit inspection. Said plan must include annual or more frequent inspections of work in the interface environment.
15. Retrofit of Residential Projects - additions representing a 50% increase from the original floor area, and in a High Fire Hazard Zone: Building Permit plans must state how the existing and new parts of the structure will comply with the Cal Fire Low Cost Retrofit list Airport Hazards
The San Carlos Airport is located approximately one-mile south of the City of Belmont. An Airport Land Use Compatibility Plan (ALUCP) for the Environs of San Carlos Airport was prepared according to Federal Aviation Administration (FAA) requirements. Each ALUCP prevents exposure to excessive noise and safety hazards within an airport influence area over a 20- year horizon and are intended to encourage land uses in the vicinity surrounding an airport that are compatible with the airport land uses. California law requires that local government agencies affected by an ALUCP update their General Plans and Specific Plans to be consistent with the ALUCP (California Government Code, Section 65302.3).
The City’s General Plan EIR considered the requirements of the ALUCP, and a determination of consistency was solicited from the Airport Land Use Commission, prior to taking action to approve the General Plan. Thus, impacts from the General Plan Project were found to be less than significant in the General Plan EIR; however, General Plan Policy 2.16-1 requires new development located in the San Carlos Airport Influence Area (AIA) to comply with applicable land use compatibility provisions of the San Carlos ALUCP through review and approval of a site development plan, or other development permit.
Thus, the City has established a SDR that requires review of development projects for compliance with relevant compatibility measures for aircraft noise, safety, air space protection/building height, and notification. For properties located within the San Carlos Airport Safety Zones 4 and 6, uses 79 21 | P a g e
must comply with the Airport Land Use Compatibility criteria listed in Table 4-4 of the San Carlos ALUCP. In addition, project applicants in airport environs must determine whether they are required to file Form 7460-1 (Notice of Proposed Construction or Alternation) with the FAA, in accordance with Airspace Protection, and if the form is required, provide the City a copy of the FAA’s study findings with their applications for development approval. This process ensures that projects will be adequately reviewed for potential hazards to air navigation. Once completed, typical standard conditions from the FAA include the following:
COAs – Airport Hazards
1. A Notice of Actual Construction or Alteration must be e-filed any time the project is abandoned or within 5 days after the construction reaches its greatest height.
2. If lighting or marking is installed, it is recommended to be installed in accordance with FAA Advisory circular 70/7460-1 L
Other Agency Permits
The City has established standard conditions for projects that require permits from other federal, state and local agencies, as follows:
1. All or a portion of the proposed improvements are located within a FEMA special flood hazard area. The applicant shall provide certification to the Public Works Department that the proposed Construction meets all the FEMA requirements for construction within a flood zone.
2. Construction activity resulting in a land disturbance of 5,000 SF or more, or less than 5,000 SF but part of a larger development shall obtain the Construction Activities Storm Water General Permit (General Permit) from the State Water Quality Control Board (http://www.scrcb.ca.gov/stormwtr/construction.html or (916) 341-5537). The State requires a completed Notice of Intent to comply (NOI) package and a Storm Water Pollution Prevention Plan (SWPPP) prepared in accordance with Section A of the General Permit prior to the commencement of soil disturbing activities. The State will issue a Waste Discharge Identification (WDID) number within 10 business days after it receives a complete NOI package (original signed NOI, vicinity map, and check). Applicant shall also submit copies of the NOI and SWPPP to the City for review and approval. Throughout the project life, the SWPPP shall be revised as necessary to accommodate site changes during to construction.
3. Construction activity resulting in a land disturbance of one acre or more, or less than one acre but part of a larger development shall obtain the Construction Activities Storm Water General Permit (General Permit) from the State Water Quality Control Board (http://www.scrcb.ca.gov/stormwtr/construction.html or (916) 341-5537). The State requires a completed Notice of Intent to comply (NOI) package and a Storm Water Pollution Prevention Plan (SWPPP) prepared in accordance with Section A of the General Permit prior to the commencement of soil disturbing activities. The State will issue a Waste Discharge Identification (WDID) number within 10 business days after it receives a complete NOI 80 22 | P a g e
package (original signed NOI, vicinity map, and check). Applicantshall also submit copies of the NOI and SWPPP to the City for review and approval. Throughout the project life, the SWPPP shall be revised as necessary to accommodate site changes during to construction.
4. Verify location of utility meters, valves, back flow preventers, and hydrants with appropriate utility company. Show relationship of each to site improvements,such asretaining walls.
Hydrology & Water Quality
The San Mateo County Water Pollution Prevention Program (SMCWPPP) requires every construction activity within Belmont that has the potential to negatively affect water quality to comply with the National Pollution Discharge and Elimination System (NPDES) Stormwater Discharge Permit. The NPDES Permit limits the severity of any potential environmental effects caused by developments associated with the buildout of the General Plan and Belmont Village Specific Plan (BVSP).
The San Mateo County’s SMCWPPP is a partnership of the City/County Association of Governments (C/CAG), each incorporated city in the County and the County of San Mateo, which share a common NPDES Permit or Municipal Regional Permit (MRP). The Municipal Regional Permit (MRP) outlines the State’s requirements for municipal agencies in San Mateo County to address the water quality and flow-related impacts of stormwater runoff. Some of these requirements are implemented directly by municipalities, while others are addressed by the San Mateo Countywide Water Pollution Prevention Program on behalf of all the municipalities.
The Municipal Regional Stormwater Permit (MRP) generally requires projects to utilize Low Impact Development (LID) stormwater treatment; however, the MRP allows applicants to use alternative means of treatment depending on specific criteria (i.e., non-LID methods) for certain types of smart growth, high density, and below market housing. These types of qualifying projects, known as Special Projects, can apply for alternative means of Low Impact Development (LID) stormwater treatment which may include non-LID methods in addition to LID practices of infiltration, harvest and use and biotreatment to manage stormwater runoff.
The Public Works Department reviews projects for compliance with all state and federal water quality requirements. As an SDR, applicants are required to provide C3 / C6 Checklists, and drainage plans and studies as part of the development review process. Public Works reviews these materials to ensure that they comply or conditionally comply with General Plan and BVSP policies that require: 1) the incorporation of best management practices (BMPs) to reduce construction and operational water pollutant loads; 2) implementation of Urban Design guidelines for Low Impact Development (as applicable for Special projects); and 3) streetscape and landscape designs that manage stormwater, to ensure that runoff potential does not exceed the storm drain system’s capacity.
Standard stormwater and water quality COAs required for all large projects, and standard Special Project stormwater and water quality COAs are provided below:
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COAs – Hydrology & Water Quality
Special Projects
1. Prior to issuance of a building permit, the applicant shall submit an updated C.3 and C.6 Development Review Checklist, Special Projects Worksheet F documenting the LID treatment reduction credit, a narrative of LID Feasibility/Infeasibility and a Storm Water Treatment Plan showing a minimum of 27% LID treatment is incorporated into the storm water treatment design as shown on the City approved Preliminary Stormwater Management Plan prepared by BKF for review and approval by the City Engineer.
2. All plans shall conform to the requirements of the City NPDES stormwater discharge permit and the San Mateo Countywide Stormwater Pollution Prevention Program (STOPPP). The project plans shall include permanent storm water quality protection measures. The project plans shall identify Best Management Practices (BMPs) appropriate to the uses to be conducted on-site to effectively prohibit the discharge of pollutants with storm water runoff. A Storm Water Treatment Facilities Operation and Maintenance Agreement shall be prepared by t h e applicant incorporating the conditions of this section. The applicant shall execute the Agreement with the Director of Public Works or designee. The Agreement shall outline the continuous operation and maintenance (O&M) plan for the permanent storm water treatment facilities including irrigation and landscape maintenance of Green Infrastructure elements constructed in the public right-of-way and shall be recorded with the County Recorder’s Office. This Agreement shall be executed prior to the first occupancy of the building.
All Projects
1. Grading shall be performed in accordance with the City Grading Ordinance, Chapter 9 of the City Code. Soil or other construction materials shall not be stockpiled in the public rightof-way unless an encroachment permit is obtained from the Department of Public Works.
Grading shall neither be initiated nor continued between November 15 and April 15.
Grading shall be done between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday unless otherwise specifically authorized by the Director of Public Works. The Stormwater Pollution Prevention Program Best Management Practices (BMPs) for construction shall be implemented to protect water quality.
Construction - BMPs
2. Prior to issuance of Grading or Building Permits, the applicant must submit an erosion and sedimentation control plan describing Best Management Practices (BMPs) to be used to prevent soil, dirt, and debris from entering the storm drain system. The plan shall include the following items:
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a) A site plan showing the property lines, existing and proposed topography, and slopes; areas to be disturbed, locations of cut/fill and soil storage/disposal area; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourses or sensitive areas on-site or immediately downstream of project; and designated construction access routes, staging areas and washout areas. b) Erosion and sediment controls to be used during construction, selected as appropriate from the California Regional Water Quality Control Board, San Francisco Bay Region Erosion and P.O. Box 791, Oakland, CA 94604-0791.
c) Methods and procedures to stabilize denuded areas and install and maintain temporary erosion and sediment control continuously until permanent erosion controls have been established.
d) Provision for preventing erosion and trapping sediment on-site, such as sediment basins or traps, earthen dikes or berms, fiber rolls, silt fence, check dams, storm drain inlet protection, soil blankets or mats, covers for soil stock piles and/or other measures. e) Provisions for installing vegetative cover in disturbed areas, including areas to be seeded, planted, and/or mulched, and types of vegetation proposed. f) Provision for diverting on-site runoff around exposed areas and diverting off-site runoff around the project site (e.g., swales and dikes). g) Notes, specifications, and/or attachments describing the construction, operation and maintenance of erosion and sediment control measures, including inspection frequency; methods and schedule for grading, excavation, filling clearing of vegetation and storage and disposal of excavated or cleared material; types of vegetative cover and mulch, including methods and schedules for planting and fertilization; and provisions for temporary and permanent irrigation.
3. During grading and building operations, the owner/applicant shall ensure that applicable Best Management Practices (BMPs) from the San Mateo Countywide Stormwater Pollution Prevention Program (STOPPP) are followed to prevent discharge of soil or any construction material into the gutter, stormdrain system or creek.
4. The owner/applicant shall ensure that all construction personnel follow standard BMPs for stormwater quality protection during construction of project. These includes, but are not limited to, the following:
a. Store, handle and dispose of construction materials and wastes properly, so as to prevent their contact with stormwater.
b) Control and prevent the discharge of all potential pollutants, including solid wastes, paints, concrete, petroleum products, chemicals, wash water or sediment, and nonstormwater discharges to storm drains and watercourses. c) Use sediment controls, filtration, or settling to remove sediment from dewatering effluent. d) Do not clean, fuel, or maintain vehicles on-site, except in a designated area in which runoff is contained and treated.
e) Delineate clearing limits, easements, setbacks, sensitive or critical areas, buffer zones, trees, and drainage courses with field markers or fencing. 83 25 | P a g e
f) Protect adjacent properties and undisturbed areas from construction impacts using vegetative buffer strips, sediment barriers or filters, dikes, mulching or other measures as appropriate.
g) Perform clearing and earth moving activities only during dry weather (April 15 through November 14).
h) Limit and time applications of pesticides and fertilizers to prevent polluted runoff. i) Limit construction access routes and stabilize designated access points. j) Do not track dirt or other materials off-site; clean off-site paved areas and sidewalks using dry sweeping methods.
5. If construction is not complete by the start of the wet season (November 15 through April 15), prior to November 15 the developer shall implement a winterization program to minimize the potential for erosion and sedimentation. As appropriate to the site and status of construction, disturbed soils through temporary or permanent seeding, mulching, matting, tarping or other winterization requirements shall include inspecting/maintaining/cleaning all soil erosion and sedimentation controls prior to, during, and immediately after each storm event; stabilizing physical means; rocking unpaved vehicle access to limit dispersion of mud onto public right-of- way; covering/tarping stored construction materials, fuels, and other chemicals. Plans to include proposed measures to prevent erosion and polluted runoff from all site conditions. As site conditions warrant, the Department of Public Works may direct the developer to implement additional winterization requirements.
Operational – COAs & BMPs
6. All plans shall conform to the requirements of the City NPDES Stormwater Discharge Permit and the San Mateo Stormwater Pollution Prevention Plan (STOPPP). The project plans shall include permanent storm water quality protection measures. The project plans shall identify Best Management Practices (BMPs) appropriate to the uses to be conducted on-site to effectively prohibit the discharge of pollutants with storm water run-off. A Maintenance and Operation Agreement shall be prepared by applicant incorporating the conditions of this section.
7. The property owner shall install, operate, and maintain all permanent stormwater quality protection measures included in the approved project plan using qualified personnel. The property owner/applicant must keep a maintenance and inspection schedule and record to ensure that the treatment control measures continue to operate effectively for the life of the project. Records must be provided to the Department of Public Works, on an annual basis, on or before June 30 of each year.
8. A Maintenance Plan for every stormwater treatment control, and/or Hydro Modification measure or applicable site design measure, inclusive of maintenance and inspection checklists and Maintenance Inspection Report Forms, shall be submitted to the City for review and approval prior to issuance of a grading permit. A copy of the final, approved Maintenance Plan(s) shall be made a part of the Maintenance Agreement. A copy of 84 26 | P a g e
the final, approved Maintenance Plan(s) shall also be on file with the Public Works Department.
9. The developer shall provide to the first residents/occupants/tenants practical information materials (as furnished by the City) on good housekeeping for hazardous products, proper use and disposal of hazardous products, and prohibited discharge practices.
10. Efficient irrigation systems shall be used throughout all landscaped areas in accordance with the Model Water Efficient Landscape Ordinance.
11. All landscaping shall be maintained and shall be designed with efficient irrigation systems to reduce runoff, promote surface filtration, and minimize the use of fertilizers, herbicides and pesticides.
12. The property owner/association shall implement a trash management and litter control program including emptying trash receptacles in common areas, noting trash disposal violations by homeowners or business, and notifying violators.
13. The phrase “No Dumping-Drains to Bay” or equal phrase shall be labeled on new storm drain inlets by stenciling, branding, plaque or casting.
14. The property owner shall install trash capture devices in storm drain systems that lead directly to the off-site storm drain system or outfall. Devices shall be approved by the Director of Public Works or designee. Trash capture devices are required on site consistent with the State Water Resources Control Board definition of Full Capture System. All on-site trash capture devices shall be cleaned routinely and maintained by the Owner per the Stormwater Treatment Facilities Maintenance Agreement.
15. All on-site drain facilities must be inspected twice a year and cleaned immediately prior to the rainy season (prior to October 15) and once again during the rainy season. Results of inspection and cleaning shall be reported to the Department of Public Works on an annual basis on or before June 30 of each year.
16. Streets and parking lots must be swept immediately prior to and once during the storm season.
Records of street cleaning shall be reported to the Department of Public Works on an annual basis on or before June 30 of each year.
17. Trash enclosures and dumpster areas must be covered and protected from roof and surface drainage. Drains within the trash enclosure will be connected to the sanitary sewer system.
18. No wastewater (including equipment cleaning wash water, vehicle wash water, cooling water, air conditioner condensate, and floor cleaning wash water) shall be discharged to the storm drain system, the street or gutter.
19. New buildings such as food service facilities and/or multi-family residential complexes or subdivisions shall provide a roofed and enclosed area for dumpsters and recycling containers. 85 27 | P a g e
The area shall be designed to prevent water run-on to the area and runoff from the area and to contain litter and trash, so that it is not dispersed by the wind or runoff during waste removal.
20. Interior level parking garage floor drains, and any other interior floor drains, shall be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards. A permit is required for discharge to the sanitary sewer.
21. Swimming pools, hot tubs, spas and fountains shall have a connection to the sanitary sewer, subject to the local sanitary sewer agency’s authority and standards. This connection could be a drain in the pool to the sanitary sewer or a cleanout located close enough to the pool so that a hose can readily direct the pool discharge into the sanitary sewer cleanout.
22. Boiler drain lines, roof top equipment with drain lines, and/or equipment for washing and/or steam cleaning activities shall be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.
23. Roof drains shall drain away from the building and be directed to landscaping or a stormwater treatment measure.
24. The developer shall provide to the first residents/occupants/tenants practical information materials (as furnished by the City) on good housekeeping for hazardous products, proper use and disposal of hazardous products, and prohibited discharge practices.
25. The property owner/association shall implement a trash management and litter control program including emptying trash receptacles in common areas, noting trash disposal violations by homeowners or business, and notifying violators.
26. Outdoor storage areas for oils, fuels, solvents, coolant, and other chemicals shall be designed to provide secondary containment such as berms and roof covers. Process equipment sited outdoors shall be placed on an impermeable surface and covered. Property owners/associations shall implement a regular program of sweeping and litter control at these sites.
27. Fire sprinkler test water shall discharge to onsite vegetated areas, or, alternatively shall be discharged to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.
28. Air conditioning condensate shall drain to landscaping, or alternatively may be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.
Noise & Vibration
The potential construction noise, ground borne vibration, and operational noise impacts of the General Plan/BVSP buildout cannot be fully mitigated at the Program EIR (General Plan EIR) level, because of the uncertainty involved in evaluating the impacts on all potential future users of 86 28 | P a g e
new development. The evaluation of noise impacts is “project/location specific” and noise impacts change over time as development occurs and traffic patterns change. Thus, in order to address potential noise impacts, the General Plan EIR: 1) identified comprehensive policies to limit the exposure of sensitive receptors to construction noise, ground borne vibration, and operational noise; and 2) required that applicants for individual development projects evaluate potential noise and vibration impacts, and develop appropriate measures to avoid or reduce these impacts.
The City developed a SDR to implement General Plan policies that mitigate for noise and vibration impacts. Applicants are required to submit a noise and vibration assessment that identifies potential impacts and prescribes project-specific measures to address them, including the potential use of temporary noise barriers during construction. These measures become part of the project, and are enforced through the project conditions of approval. In addition, the City requires the following standard conditions of approval for all large projects:
COAs – Noise
Construction
1. Noise Control Plan. The applicant must prepare and implement a noise control plan. Said plan must incorporate the noise reduction measures identified in the Noise and Vibration study prepared for the project, and the City standard construction noise COAs required for all projects.
2. Noise Coordinator. Prior to construction activities, the project applicant or contactor shall designate a “Construction Noise Coordinator” who would be responsible for responding to any local complaints about construction noise. The Construction Noise Coordinator shall determine the cause of the complaint and shall require that reasonable measures warranted to correct the problem be implemented. The telephone number for the Construction Noise Coordinator must be conspicuously posted at the construction site. Prior to construction activities, the project applicant or contactor shall notify adjacent residents of the construction schedule in writing and provide them with the contact information of the Construction Noise Coordinator.
3. Notice. The applicant shall notify property owners within 300 feet of the project site two weeks prior to the initiation of construction activities on site. A schedule of construction activities, contact phone number for the Noise Coordinator, and a copy of the noise control plan shall be included with this notice.
4. Grading & Building Noise. The applicant must ensure that the following preventative and monitoring measures are enforced during grading and building operations:
a. Limit construction activity to the hours listed in the City Noise Ordinance. (8:00 am to 5:00 pm on weekdays, 10:00 am to 5:00 pm on Saturdays, no construction activity on Sundays and holidays). Exceptions to these hours may be approved by the Building Official though the standard City process.
b. Schedule highest noise-generating activity and construction activity away from noisesensitive land uses. 87 29 | P a g e
c. Equip internal combustion engine-driven equipment with original factory (or equivalent) intake and exhaust mufflers which are maintained in good condition. d. Prohibit and post signs prohibiting unnecessary idling of internal combustion engines. e. Locate all stationary noise-generating equipment such as air compressors and portable generators as far as practicable from noise-sensitive land uses. f. Utilize “quiet” air compressors and other stationary equipment where feasible and available.
5. Noise Barrier Standards. When noise barriers are required or proposed, their design and placement must be reviewed and approved by the project noise consultant, prior to issuance of grading or building permits. These barriers must be installed prior to grading and excavation activities, and must be inspected by the project noise consultant to ensure that it has been properly constructed/installed. The barrier must remain in place for the duration of grading and excavation activities, unless approved for removal by the noise consultant to allow work at that location.
6. Engine Noise. Prior to issuance of grading or building permits, the applicant must demonstrate that a condition of contract of all contractors and subcontractors requires the use of internal combustion engine-driven equipment with original factory (or equivalent) intake and exhaust mufflers, which are maintained in good condition.
7. Equipment Noise. Prior to issuance of grading or building permits, the applicant must demonstrate that a condition of contract of all contractors and subcontractors requires the use of “quiet” air compressors and other stationary equipment. If the applicant demonstrates that the use of quiet air compressors and other stationary equipment is not feasible, moveable sound barriers or portable sound huts must be used for noise mitigation.
Operation
8. The Project Noise Consultant shall conduct an acoustic analysis of all mechanical and HVAC equipment proposedwith the final building permit plans. The results of the analysis and design recommendations to ensure compliance with the City’s Noise Ordinance shall be summarized by the Consultant in a letter submitted with the building permit plans. The consultant’s recommendationsshall be incorporated into the building plans, priorto issuance of a building permit.
Interior Noise
9. Noise Impacted locations. All new development that would be exposed to noise greater than the “normally acceptable” noise level range, and residential and other noise-sensitive land uses within the 65 dB contours, as shown in [BVSP] Figure 6-6d are required to reduce interior noise through design, sound insulation, or other measures to achieve an interior noise level of not more than 45 dBA. At minimum, the following is required:
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a. A detailed acoustical analysis of the project must be completed by a qualified acoustical consultant to define the measures required such that the interior noise level requirements are satisfied.
b. Prior to issuance of a Building Permit, the project noise consultant must certify in writing that the submitted Building Plans include all required noise reduction recommendations specified in the detailed acoustical analysis (i.e., construction methods, increased insulation, noise baffling, etc.) to reduce interior noise levels below the City and State level of 45 dB
c. The final project design must include a suitable form of forced-air mechanical ventilation, as determined by the local building official, for all residential units so that windows can be kept closed at the occupant’s discretion to control interior noise and achieve the interior noise standards.
COAs - Construction Vibration
1. After obtaining permission from the subject property owners, the applicant must conduct preconstruction photo surveys of foundation/building wall cracks in adjacent structures, and install vibration monitors at any sensitive receptor sites identified in the project Vibration Assessment. The applicant must submit a copy of the photo survey and written confirmation from the Project Acoustic Consultant to the Planning and Building Departments that all required monitors have been installed and inspected, and that they meet the consultant’s specifications, prior to issuance of grading or building permits.
2. The applicant must designate a person responsible for registering and investigating claims of excessive vibration. The contact information of such person shall be clearly posted on the construction site.
3. Neighboring property owners within 300 feet of the project site must be noticed of the construction activities and construction schedule (including estimated dates of various construction phases) at least two weeks prior to the start of construction.
4. The applicant must ensure that the preventative and monitoring measures identified in the Vibration Assessment are enforced during grading and building operations. The applicant must demonstrate that all project construction personnel have been made aware of these measures, prior to issuance of a grading or building permits. On-site identification of any buffer distances between construction (i.e., vibratory rollers, excavators, backhoes, etc.) and adjacent structures that are specified in the Vibration Assessment must occur prior to grading operations.
5. Vibration monitors shall be placed at the sensitive receptors to monitor construction activities and make sure the project thresholds are met. Real-time alerts must be sent to the Contractor in case of near threshold vibration levels or in case of threshold exceedances. In case of exceedances, work must stop, and the source of the exceedance must be identified, and the required mitigation measure should be incorporated. 89 31 | P a g e
6. Building structures near the project must be periodically checked for cracks, and any cracks must be monitored. If minor cracks are reported or existing cracks propagate, vibration project action levels must be restricted.
7. Whenever possible, construction or equipment activity generating relatively high levels of vibration must not occur at the same time and shall be spaced as far apart in time as possible from one another. In general, the most severe activities must be reserved for the middle of the day (noon). If activities must occur simultaneously, they shall be performed as far away from one-another as possible within the construction zone.
8. All deliveries of material and equipment must occur during daytime hours, including queueing of construction vehicles outside the site. Vehicles delivering materials and equipment must be operated in strict conformance with regulations established by the United States Department of Transportation and all State and Local requirements. All materials and equipment must be stored on-site and within the confines of the construction barricades.
9. Stationary and portable construction equipment must be located at positions where the noise/vibration impact to nearby noise/vibration-sensitive receptors is minimal. At times where the equipment cannot be positioned at a minimal noise/vibration impacting location, mitigation devices shall be implemented, as determined by the Project Acoustic Consultant or designated Vibration Monitor.
10. After construction activities are complete, the applicant must conduct a post-construction photo survey of previously surveyed buildings for foundation /building wall cracks. The post construction survey, and a summary letter of any resulting actions taken (repairs or restitutions) must be provided to the Community Development Department, prior to final building permit inspection.
Transportation & Traffic
The GP EIR indicates that buildout of the General Plan /BVSP would cause intersections and road/highway segments to fall below the established significance criteria for City of Belmont and City/County Association of Governments (C/CAG) road segments/intersections. As such, the GP EIR prescribed traffic improvements for mitigation, such as traffic signals, roundabouts and turning lanes, to reduce impacts to less than significant levels; however, the GP EIR recognized that the physical improvements proposed are not always feasible due to right-of-way constraints, and that the prescribed improvements may conflict with corridor plans, and General Plan, BVSP, and CAP policies related to creating “Complete Streets.” Traffic Metrics
The State of California Governor’s Office of Planning and Research (OPR) adopted changes to the CEQA guidelines in December 2018 specifying vehicle miles traveled (VMT)3as the most 3 VMT is a measurement of the amount of travel for all vehicles in a defined area, such as within the City boundaries, within San Mateo County or within the Bay Area region. It represents the total number of vehicle trips multiplied by 90 32 | P a g e
appropriate metric to evaluate a project’s transportation impacts. The California Natural Resources Agency subsequently certified adoption of the changes to the CEQA Guidelines, and automobile delay, as measured by “level of service” (LOS) 4and other similar metrics, generally no longer constitute a significant environmental effect under CEQA. (Pub. Resources Code, § 21099 (b)(3)).
The General Plan EIR Transportation Section used LOS as a metric for evaluating potential traffic generation impacts. As noted, LOS and other similar metrics, generally no longer constitute a significant environmental effect under CEQA; however, LOS is a useful metric for determining a project’s potential circulation impacts on city streets. In addition, certain projects may be exempt from the VMT analysis by statute, and still have significant project-level transportation impacts to adjacent roadways and intersections, per the City’s Traffic Impact Analysis (TIA) guidelines, and General Plan Circulation Element Policies. As such, it is necessary to use both VMT and LOS metrics for review of project transportation impacts, and an SDR has been created to require applicants to consult with Public Works on the scope of the TIA, prior to submittal of project applications. The City’s General Plan policies must be complied with via the LOS analysis and compliance with the city’s TIA guidelines.
Depending on the scope of the project, the SDR also requires peer review of traffic reports in consultation with the Public Works Department, and submittal of a transportation demand management (TDM) plan that includes strategies to reduce traffic impacts. As it relates to traffic mitigations, applicants are expected to address direct and cumulative impacts, through: 1) the construction of transportation and complete street improvements; 2) payment of “fair-share” fees for transportation improvements that exceed the cost of the applicant’s direct impact; and 3) payment of traffic mitigation fees for system-wide improvements.
Any or all of the following standard conditions of approval may be required for large projects:
COAs - Transportation
TDM
1. The applicant shall demonstrate compliance with both the County of San Mateo (CCAG) and the City of Belmont’s TDM programs by submitting a completed TDM application form the total distance each vehicle travels. VMT can also be used as an efficiency metric, “VMT per capita” or “VMT per employee,” to encourage development in travel-efficient locations (e.g., locations in proximity to key destinations, services, and transit service). Mitigation measures for VMT impacts typically would include implementing transportation demand management (TDM) measures and strategies to encourage low-emission, multimodal transportation.
4 The LOS metric assigns a letter grade (A to F) related to the delay per vehicle for an intersection or roadway segment.
LOS A represents free flowing conditions and little to no delay to vehicles while LOS F represents congested conditions with higher delays and long queues for vehicles. LOS analysis and mitigation measures are different from VMT in that they would typically support strategies that encourage faster automobile travel times, reduce peak commute time congestion, implement roadway widening and other infrastructure or strategies that could encourage travel by single-occupant vehicles; however, LOS is a useful metric for determining a project’s potential circulation impacts, as it can be used to identify when an intersection with stop signs should be replaced with a traffic signal, when a new turn lane is needed, and when queuing may exceed a turn pocket length. 91 33 | P a g e
(available on the City website) which will be subject to review and approval by the Department of Public Works. The applicant shall implement the TDM program as described in the approved TDM Plan. The applicant shall submit an annual TDM compliance report and pay a TDM review fee, as specified in the City’s Master Fee Schedule. In addition, the following is required:
a) The Applicant, using the adopted TDM program, shall provide a tally of how many points and under which categories the project will be achieving TDM measures. b) The Applicant shall implement the TDM measures identified in the final approved Traffic Impact Analysis. The applicant shall submit an annual TDM compliance report and pay a TDM review fee, as specified in the City’s Master Fee Schedule. c) The TDM program shall be evaluated annually to assess the actual level of trip reduction achieved at the site and to identify any adjustments to the program necessary to ensure the TDM measures are successful. Consistent with common traffic engineering data collection principles, trip generation shall be monitored annually by means of AM and PM commute hour driveway counts. The counts shall be conducted between 7:00 AM and 9:00 AM and between 4:00 PM and 6:00 PM one day per year on a typical weekday (Tuesday, Wednesday, or Thursday) during the fall when school is in session. Mechanical tube counts, hand counts, or video counts may be used. The peak 60-minute period should be calculated for each two-hour traffic count period.
d) An annual resident survey should be conducted to determine transportation mode choice (i.e., drive alone, carpool, bus, Caltrain, etc.). The site TDM coordinator shall work with an independent consultant to obtain traffic count data, implement the annual commuter surveys and document the results in a TDM monitoring report. e) The annual monitoring report shall be submitted to the Public Works Director or citywide TMA by the TDM coordinator. The data shall be reviewed by the City to assess whether the goal of a 15% trip reduction is being met.
f) In addition to the annual monitoring reports, a five-year review shall be conducted to evaluate the overall effectiveness of the TDM measures. If the city determines that the trip reduction goal is not being achieved, additional TDM measures may be implemented.
Modifications to the TDM plan may include additional programs or services listed in the City of Belmont’s TDM program or otherwise available for achieving vehicle trip reductions.
g) The annual TDM monitoring report shall describe any planned modifications to the TDM program intended to ensure compliance with the trip reduction targets established for this project.
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Construction Traffic
2. Prior to issuance of a building or grading permit, the Applicant shall prepare a construction management plan (CMP) for review and approval by the Public Works Department in consultation with the Community Development Department and Police Department.
For properties located at or in close proximity to the City borders, the plan shall be routed to adjacent jurisdictions. The CMP shall include a response to construction-related conditions and requirements identified by reviewing City departments, and outside agencies for inclusion in the Plan. The plan shall include at least the following items:
a) Schedule
A project construction schedule shall be provided that includes the approximate date and expected time frame for each stage of construction. At minimum, the schedule shall include:
• Excavation & Shoring (as applicable)
• Below Grade & Foundation Construction
• Above Grade Construction & Framing
• Exterior & Interior Finish Work
• Public Frontage Improvements
• Offsite & Utility Improvements
b) Site & Logistics Plan
Site and logistics plan(s) shall be provided for each phase of project construction. Said plan(s) shall include:
• Location of Construction Fencing & Access Control for The Site • Proposed Circulation Pattern, including Access & Egress, for Each Phase of Construction
• Location of Dewatering Tanks, Construction Trailer, Temporary Power Pole, & Restrooms
• Erosion & Dust Control Plans
• Security & Lighting Plans
• Location of Construction Staging Areas for Materials, Equipment, & Vehicles • Crane Plane (Location, Height, & Radius), as applicable • Construction Worker Parking
c) Traffic Control Plan
Routes for construction-related traffic (hauling, deliveries, works, etc.) shall be identified in consultation with the Department of Public Works. Grading, hauling, and construction delivery traffic shall be timed to avoid peak hour school and work commute traffic. The CMP shall identify the maximum size of construction equipment/trucks during 93 35 | P a g e
construction, expected temporary street closure, the use of flag personnel during construction, and the location of construction worker parking/car-pooling. Comprehensive traffic control measures shall be identified, including: any required detour signage, lane closures, and sidewalk closures. A 24 Hour Written notice must be given to the Public Works and Police Departments prior to lane closures. Trained flag persons shall be positioned at both ends of blocked traffic lanes to ensure safe movement of vehicles, and pedestrians. The proposed traffic control plan may require review by a traffic engineer, to ensure an adequate intersection/driveway turning radius would be provided for large vehicles, and/or when other large projects are in construction at the same time. d) Noticing
The CMP shall include notice to property owners within 300 feet of the project site two weeks prior to grading, and identification of haul route(s) and staging area for the project. The notice shall also include a process for responding to, and tracking, complaints pertaining to construction activity, including identification of an on-site complaint manager. 24-hour advance written notice shall also be provided to adjacent property owners, adjacent businesses, and Public Works and Police Department personnel prior to all major deliveries, detours, and lane closures.
e) Road Conditions
Documentation of road pavement conditions shall be provided to the Public Works Department for all routes that will be used by construction vehicles, both before and after project construction. Roads found to have been damaged by construction vehicles shall be repaired as required by current City pavement restoration standards, or as otherwise directed by the City Engineer.
f) Response to CMP Conditions
A response shall be provided to CMP conditions from other City departments, and outside agencies.
Encroachment Permits
All work within the public right-of-way requires an encroachment permit from the Department of Public Works. A permanent encroachment permit is required for work that includes permanent facilities (i.e., retaining wall or other structure). Standard conditions for temporary and permanent encroachment permits, respectively, are as follows:
1. The property owner/applicant shall apply for and obtain temporary encroachment permits from the Department of Public Works for work in the City public right-of-way, easements or property in which the City holds an interest, including driveway, sidewalk, sewer connections, sewer clean-outs, curb drains, storm drain connections, placement of a debris box, etc.
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2. The property owner/applicant shall apply for and obtain a permanent encroachment agreement (PEA) from the Department of Public Works, with approval by the City Council, for a structure, retaining wall, awning, or other features constructed in the public right-of-way, easement or on property in which the City holds an interest. This PEA shall be recorded with the San Mateo County Recorder’s office prior to project construction.
Traffic Improvements
Prior to issuance of a building permit, the applicant shall submit construction drawings, and applicable review fees for the ___________ identified below for review and approval by the Public Works Department. The applicant shall construct the following improvements prior to certificate of occupancy.
Fair Share Fees
Prior to issuance of a Building Permit, the applicant shall pay $___________ in fair share fees toward future __________ improvements at ______________________.
TIF Fees
Prior to issuance of Building Permit, the applicant shall pay all required Transportation Impact Fees (TIF), as identified in the City’s adopted Ordinance, and most current fee schedule. The calculated fee for the project is $___________.
Hazardous Design Features
The GP EIR indicates that future improvements to the transportation and circulation system related to buildout of the General Plan/BVSP would be constructed to all local, regional and federal standards, and thus would not result in any hazardous design features. To ensure that this is the case, the City has developed a SDR that requires the submittal of a Traffic Impact Analysis (TIA), which is peer reviewed by a consultant working for the City, in consultation with the Department of Public Works. The TIA /Peer Review includes a circulation and safety evaluation of the street improvements (line of sight, curve radii, etc.), and the internal circulation of any proposed parking areas/garages and driveway areas. This evaluation also includes the circulation patterns for loading zones and trash and recycling pickups.
Emergency Access
The GP EIR indicates that buildout of the General Plan/BVSP could potentially result in increased congestion that would impact emergency vehicles response times; however, the GP EIR notes that the use of signal priority preemption equipment and strict adherence to emergency vehicle passing priority under state law would reduce impacts on emergency response times. In addition, the GP EIR states that future modifications implementing Complete Streets standards would reduce vehicle speeds through core areas, which would likely reduce the severity of accidents.
The City has developed an SDR that requires review of development projects by public safety officials to ensure that they are compliant with emergency access requirements (i.e., fire department vehicle turnaround, vehicle weight standards, width of access roads, distance to fire hydrants, etc.). These improvements are memorialized on the project plans and approved as part of the entitlement review. When public road improvements or roadway modifications will occur as part of a project, they must be constructed to City standards. Standard conditions of approval are as follows:
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1. Street widening, improvements, and dedications shall be in accordance with City Standards and specifications as required by the Department of Public Works.
2. Streets, sidewalks and curbs in need of repair within and bordering the project shall be repaired and/or removed and replaced in accordance with the Department of Public Works approved standards. Photographs or video of before condition are recommended.
3. A commercial driveway approach shall be installed in accordance with the Department of Public Works approved standards.
Utilities
Stormwater
The General Plan EIR indicates that new development under the General Plan/BVSP would allow for the redevelopment of existing developed areas that would generate increased stormwater volumes in portions of Belmont. Increased flows would in turn create a need for new infrastructure in growth areas, to accommodate infiltration of stormwater or to convey stormwater to detention basins to prevent flooding. Construction of new stormwater infrastructure could in and of itself have adverse effects on the physical environment; however, the required improvements would occur within rights-of-way and other already disturbed areas within previously developed areas.
In addition, the BVSP includes policies and guidelines that reduce the need for construction of stormwater drainage facilities. BVSP design guidelines encourage directing stormwater runoff to natural vegetated systems that reduce, filter, or slow the runoff before it makes its way into the storm drainage system.
As such, the City has a SDR that requires applicants to submit a preliminary C.3 and C.6 Checklist that identifies methods to reduce stormwater run-off using Low Impact Development (LID) methods. In addition, the City requires a storm drainage system analysis to determine if upgrades are needed to ensure that the project would not exceed stormwater capacity (after appropriate measures are taken to reduce runoff), as follows:
The owner/applicant shall analyze the existing storm drain system from the property boundary to the outfall. On-site and off-site drainage facilities such as catch basins and storm drain pipes shall be designed to collect runoff from a storm of 10-year return frequency. Should any deficiency in this system be found that would be affected by increased runoff from the project site, the owner/applicant shall improve the downstream system or contribute a proportionate share of the cost for improvements as determined by the Public Works Department.
Standard COAs for the reduction of stormwater, maintenance of stormwater runoff facilities, and stormwater capacity improvements are as follows:
COAs - Stormwater
1. Prior to issuance of a building permit, the applicant shall submit a final C.3 and C.6 Development Review Checklist, documenting the LID treatment reduction credit, a narrative 96 38 | P a g e
of LID Feasibility/Infeasibility and a Storm Water Treatment Plan showing a minimum of 100% LID treatment unless demonstrated to be infeasible is incorporated into the storm water treatment design as shown on the City approved Preliminary Stormwater Management Plan for review and approval by the City Engineer.
2. The Property Owner shall enter into a Maintenance Agreement with the municipality to ensure long‐term maintenance and servicing by the Property Owner of stormwater site design and treatment control [and/or HM] measures according to the approved Maintenance Plan(s). The Maintenance Agreement shall be recorded for the property and/or made part of the CC&Rs.
3. The developer shall be responsible for ___% of the total cost of upgrading the existing drainage pipes. The costs will include design, permitting, construction, construction management, inspection and closeout activities. The ___% contribution for the upgrade of the existing drainage pipes shall be paid to the City before the issuance of the building permit.
Sewer
The General Plan EIR indicates that implementation of the proposed General Plan /BVSP would result in future residential, commercial, office, and industrial uses in Belmont, resulting in additional population that would generate additional wastewater. Therefore, wastewater collection, conveyance, and treatment services would increase over current levels. The EIR notes that the Silicon Valley Clean Water (SVCW) treatment plant would have adequate capacity to treat wastewater, but system improvements would be needed to mitigate potential impacts.
Specifically, pipe segments downstream of the BVSP Area (MM UTIL-2), and the Shoreway Pump Station (MM UTIL-3) would need to be upsized to address increased wastewater. As such, the City has developed a SDE that requires applicants to submit a sewer impact evaluation for their projects.
Implementation of the following mitigation measures would result in less than significant impacts for the buildout of the General Plan / BVSP:
Number Mitigation Measure
UTIL-2 Require sewer line upsizing. As development intensification occurs throughout the BVSP Area, approximately 1,675 feet of sewer lines downstream of the BVSP Area will be required to be upsized as a direct result of growth in the BVSP Area. The existing sewer lines in the BVSP Area are displayed in Figure 4.13-5, and planned improvements are displayed in Figure 4.13-6. Lines that are anticipated to need upgrades lie along Masonic Way and Hiller Street.
UTIL-3 Require upsizing of Shoreway Pump Station. As development intensification occurs throughout the BVSP Area, the Shoreway Pump Station will be required to be upsized as a direct result of growth in the BVSP Area.
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Ongoing study and monitoring of the BVSP Area sewer infrastructure is performed by the Public Works Department and Silicon Valley Clean Water. As projects are built in accordance with the BVSP, Belmont Public Works in conjunction with Silicon Valley Clean Water is responsible to monitor system capacity and construct necessary upgrades to the sewer lines and the Shoreway Pump Station over time consistent with the City’s Sanitary Sewer System Capacity Analysis and the Silicon Valley Clean Water Conveyance System Master Plan.
The City has developed a SDR that requires applicants for development projects to secure verification that sewer service can be provided, and pay appropriate fees to ensure that new waste water facilities are constructed to meet performance standards, and to allow for future maintenance. In order to determine project impacts, the City requires applicants to submit a sewer impact analysis. The analysis must estimate Average Dry Weather Flow (ADWF) and Peak Wet Weather Flow (PWWF) using the methodology described in the City’s 2010 Sewer Capacity Analysis and the 2019 Sewer Model Update (or subsequent updates). If sanitary sewer lines downstream of the project site, and/or the Pump Station are not capable of accommodating project flows, then applicants must address the deficiencies. As a condition of approval, this may require the applicant to upsize sewer lines, modify the pump station, pay sewer connection fees based on increased flows, and/or pay for a proportionate share for sewer pipe upsizing. Standard conditions of approval are as follows:
1. The owner/applicant shall analyze the existing sewer system from the property boundary to the nearest pump station or main trunk line to determine its capacity to handle increased sewer flows from this development. Should any deficiency in this system be found, the owner/applicant shall improve the downstream system or contribute a proportionate share of the cost for improvements as determined by the Public Works Department.
2. Applicant shall install the sanitary sewer connection in accordance with Department of Public Works approved standards and pay the applicable sewer connection fee. Sanitary sewer to include a back flow prevention device.
Water Service
New Facilities/Supply – Water
Water supply in Belmont is provided by the Mid-Peninsula Water District (MPWD). In accordance with state law, MPWD prepared an Urban Water Management Plan (UWMP) in 2020. Urban Water Management Plans are prepared by urban water suppliers every 5 years. These plans support the suppliers’ long-term (20-year) resource planning to ensure that adequate water supplies are available to meet existing and future water needs. MPWD’s 2020 UWMP indicates that water supply is sufficient to meet current and projected demands in Belmont.
In analyzing water needs, the General Plan EIR references MPWD’s 2020 UWMP. The EIR indicates that water demand is expected to increase through the horizon year of the General Plan as population and job growth occur, but that per capita water use is gradually expected to trend downward because of conservation efforts. The EIR concludes that water supply is sufficient to meet current and projected demands outside of the BVSP Area, provided that water conservation efforts and strategies are continued (i.e., prioritization of high-density infill development, rebates 98 40 | P a g e
for water efficient appliances, water efficient landscaping, adherence to state green building code - CALGreen, etc.).
The EIR concludes that water supply would be sufficient to meet current and projected demands inside of the BVSP Area, subject to the strategies and policies identified in the General Plan, CAP, and BVSP, and with Mitigation Measure (MM) UTIL-1 (below), which requires the upgrading of specific 6-inch water lines to 8-inch water lines over time as development intensification within the BVSP Area occurs. MM UTIL-1 requires that project applicants secure verification that water service can be provided (i.e., obtain an “Intent to Serve” letter from MPWD).
Number Mitigation Measure
UTIL-1 Require water line upsizing. As development intensification occurs throughout the BVSP Area, upgrades from 6-inch to 8-inch water lines will be required as necessary. The existing water lines in the BVSP Area are displayed in Figure 4.13- 2, and planned improvements are displayed in Figure 4.13-3. Lines that are anticipated to need upgrades include the 6-inch lines along Old County Road between Masonic Way and Harbor Boulevard, along Ralston Avenue between Old County Road and Elmer Street, along Sixth Avenue between Hill Street and O’Neill Avenue, and along O’Neill Avenue between Sixth Avenue and El Camino Real.
The physical improvements will be subject to project- level environmental review as needed.
As projects are built in accordance with the BVSP, Belmont Public Works, in conjunction with Mid-Peninsula Water District, is required to monitor system capacity and construct necessary upgrades. The City has developed a SDR that requires applicants for development projects to secure verification that water service can be provided (an Intent to Serve letter from MPWD), and pay water connection fees. The City and MPWD also require applicants to provide a droughttolerant landscape plan in accordance with the current MPWD water efficiency in landscape ordinance (WELO). A standard COA for drought-tolerant landscaping is as follows:
1. The applicant shall demonstrate that the final landscape plan has been reviewed and approved by the Mid-Peninsula Water District (MPWD), and is consistent with MPWD’s Water Efficient Landscape Ordinance (WELO), prior to installation of landscaping. A post installation certification from MPWD is also required prior to final building permit inspection. Contact the MPWD Water Conservation Administrative Specialist at (650) 591-8941 or [email protected] for more information.
Solid Waste
The General Plan EIR indicates that implementation of the General Plan/BVSP would result in in additional population and increased solid waste generation within the city. AB 939 requires local governments to divert 50 percent of their community’s solid waste, and the recent goal that has been set by CalRecycle of 75 percent recycling, composting, or source reduction of solid waste by 2020. These disposal targets for Belmont were met for both residential and employment disposal for the years 2013-2015.
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Given the city’s ability to meet its diversion targets, as well as the remaining capacity in area landfills, meeting the collection, transfer, recycling, and disposal needs of the projected population anticipated in the General Plan/BVSP is not expected to exceed existing permitted solid waste disposal capacity. In addition, the General Plan/BVSP and CAP contain policies for new development that require participation in all recycling, hazardous waste reduction, and solid waste diversion programs in effect at the time of issuance of building permits. Recycling is required for all multi-family residential projects of five or more units, pursuant to Assembly Bills 341 and 1826.
In accordance with the GP policies and state law, the City has developed an SDR that requires applicants to provide plans and materials that include details for collecting trash and recycling for proposed development projects (i.e., location of facilities, and proposed access for collection). The City’s trash and recycling hauler (Recology) reviews the plans and determines the appropriate levels service for the projects. Recology and Public Works staff also determine if there is adequate access/circulation for their vehicles to pick up materials from the site. A letter shall be provided from the Recology stating that service is available to the project as designed. Public Works will review the proposed service for impacts to the right-of-way. 100
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