Combined Agency 1
MEETING MINUTES OF CITY OF BELMONT CITY COUNCIL AND BELMONT FIRE
PROTECTION DISTRICT BOARD OF DIRECTORS SPECIAL AND REGULAR
MEETING
City Council Chambers, City Hall, One Twin Pines Lane, Belmont, California TUESDAY, NOVEMBER 14, 2023
SPECIAL MEETING
CALL TO ORDER: 6:30 PM
ROLL CALL
COUNCILMEMBERS PRESENT: Latimerlo, Pang-Maganaris, McCune, Hurt, Mates COUNCILMEMBERS ABSENT: None
ITEMS OF BUSINESS
CLOSED SESSION (one item)
Public Employee Performance Evaluation Government Code Section 54957(b) Titles: City Manager, City Attorney
RECESS to that time after the adjournment of the regular meeting 7:00 p.m.
RECESSED meeting adjourned at 10:30 p.m.
Submitted by,
Jozi Plut, City Clerk
REGULAR MEETING
CALL TO ORDER: 7:00 PM
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 Rennie stated that there is no reportable action from the earlier Closed Session regarding Public Employee Performance Evaluation for the City Manager and City Attorney.
SPECIAL PRESENTATIONS
Proclamation Celebrating NDNU 100 Years in Belmont
Mayor Mates read the proclamation.
Combined Agency 2
SisterJean Stoner, President of the Board of Trustees at Notre Dame de Namur University accepted the proclamation on behalf of the Sisters and provided brief remarks on the history of the Notre Dame de Namur Sisters.
2023 RethinkWaste Poster Contest Recognition
Emi Hashizume, Rethink Waste presented the contest participants and their artwork:
Honorable Mention (Elementary School), Isabel Y., 5th Grade, Belmont Oaks Academy, Belmont, “Think Before You Toss!”
First Place (Middle School), Alyssa L., 6th Grade, Crystal Springs Uplands School, Belmont “Can We Do Better than Racoons?”
Proclamation Recognizing November as Family Court Awareness Month Mayor Mates read the proclamation.
Geraldine Sowell, Family Court Awareness Month Organization accepted the proclamation and provided information on the organization.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
None
COUNCILMEMBER ANNOUNCEMENTS
Councilmembers commented on local aide for families in needed during the upcoming holiday season. Mayor Mates provided updates on past and upcoming community events.
CONSENT BUSINESS
Minutes of City Council October 24, 2023 Special and Regular Meeting and BFPD October 24, 2023 Meeting Minutes
Monthly Financial Reports - September 2023
September 2023 Monthly Financial Reports
Resolution 2023-087 approving four (4) “No Parking on Mondays 6 AM to 10 AM” signs along Manzanita Avenue
Resolution 2023-088 approving the extension of the Vesting Tentative Map for the 800 Laurel Avenue Multi-Family Residential (Townhome) Development.
Resolution 2023-089 approving the Request for Extension of Approval for a Design Review, Grading Permit, and Tree Removal Permit for the 800 Laurel Avenue Multi-Family Residential Townhome Development
ACTION: On a motion made by Vice Mayor Hurt and seconded by Councilmember McCune the Consent Business was unanimously approved by a roll call vote (5-0).
PUBLIC HEARINGS
Belmont General Plan and Zoning Ordinance (BZO) Amendments - Commercial Cannabis Overlay Zoning – South El Camino Real
Combined Agency 3
Assistant City Manager Kleinbaum and Community Development Director de Melo provided an overview of the regulatory framework to allow for potential retail and distribution of cannabis in the City.
Mr. de Melo outlined the background related to a cannabis policy for the City. He noted that the Council considered the item a number of times in 2021 to 2023. He explained that in October 2023 the Planning Commission reviewed and made a recommendation for Council approval of the proposed General Plan and Zoning ordinance amendments for commercial cannabis overlay regulations for south El Camino Real. He explained the proposed modifications and stated that the action from Council does not rezone or permit cannabis in the City and that it establishes the framework for allowing applications. He outlined the proposed locations for the rezoning. He reviewed the development regulations and performance standards. He also provided an overview of the cannabis regulatory overview, noting that a maximum of 2 retail cannabis storefronts and 1 distribution business are allowed and there is no requirement to approve the maximum number.
Ms. Kleinbaum stated that the City received multiple retail cannabis operator interests and outlined the proposal process. She outlined the suggested Community Benefits including payment in-lie of cannabis business tax, commitment of contributions to City programs or services, and other economic benefits to the community. She outlined the next steps noting that staff is concurrently preparing a Commercial Cannabis Police Regulatory Ordinance for future consideration. She outlined the requested actions of the Council.
Mayor Mates opened the public hearing.
Public Comment
Dave Bauer, Mary Morrisey Parden, Patti, Julie Lind Eric Rosenthal, Sean Kali-rai provided comments in support of the Belmont General Plan and Zoning Ordinance (BZO) Amendments to Commercial Cannabis Overlay Zoning – South El Camino Real Diane Bailey provided comments in opposition to the item.
Mayor Mates closed the public hearing.
Council deliberation ensued; Council concurred with overall support of staff recommendations and requested more information on the prequalification proposals and the community benefits, and consideration of working wages during the selection process.
Community Development Director de Melo clarified that the proposed properties do not lend to distribution of cannabis and noted a retail dispensary would be a likely proposer.
Vice Mayor Hurt made a motion to approve the item with two total sites in Belmont.
Council further deliberated on the number of cannabis sites in Belmont.
Combined Agency 4
ACTION: On an amended motion made by Vice Mayor and seconded by Councilmember McCune Resolution 2023-090 Amending the Land Use Element Of The 2035 General Plan To Allow For Commercial Cannabis Land Uses In The South El Camino Real Area Of The City was unanimously and,
Ordinance establishing potential cannabis retail & distribution zoning regulations for properties should they rezone within the area along south El Camino Real from O’Neill Avenue to the San Carlos border was introduced by a roll call vote (5-0).
RECESS: 9:05 PM
RECONVENE: 9:15 PM
Revise Maximum Rates For Solid Waste Collection Services For Calendar Year 2024 Public Works Director Brown introduced the discussion to revise sold waste collection maximum rates for calendar year 2024. He explained that in September staff provided Council a thorough review of the rate application letter received from the City’s provider Recology. Shawn Koorn, HDR, City Consultant provided a review of the proposed maximum allowable increase. He noted that the current operating agreement with South Bay Recycling expires December 31, 2023 and a new operating agreement begins January 1, 2024 resulting in 25% increase in tipping fee due to increase in operating costs, passing the costs to cities increase rates. He explained that regulatory impacts including SB 1383 also cause increases. He further reviewed the costs and noted that HDR and the City independently reviewed the study and concluded that the 2024 rates were calculated in a manner consistent with the franchise agreement. He recommended that Council approve the maximum rates of 11.02% for schedule L and 4.02% for schedule Q.
Mayor Mates opened the public hearing.
No members of the public came forward to speak.
City Clerk Plut noted that fifteen letters in position of the rate increase were received.
ACTION: On a motion made by Councilmember Latimerlo and Seconded by Vice Mayor Hurt Resolution 2023-091 revising the maximum rates that may be charged by Recology of San Mateo County for solid waste, recyclable materials, and organic materials collection services effective January 1, 2024 was unanimously approved by roll call vote (5-0).
GENERAL BUSINESS
City Council Compensation Review
Interim Administrative Services Director Ritzma provided a background on the State legislation regarding council compensation. She explained that SB329 adopted in July 2023 increased the maximum amount of salary a council member in a general law city may receive; this is the first adjustment made since 1984. She noted that the maximums are based on a city’s population. She explained that the increases aim to support diversity allowing more interest in considering public service at different income levels.
Ms. Ritzma reviewed the options for City Council compensation increase process. She further explained that the salary change can be made by ordinance or a ballot measure and noted that a ballot measure can exceed the maximum $950 dollars a month for a city with a population up to Combined Agency 5
35,000. She noted that the salary change by ordinance would take effect in December 2024 following the next municipal election. She explained that increasing Belmont’s Council salary from $390 dollars a month to the new maximum would reduce an economic barrier to individuals considering running for an elected office. She further noted that diversity, equity and inclusion efforts are key components in the Citywide Strategic Plan initiative.
Council deliberation ensued.
City Attorney clarified Council discussion on the ordinance effective date stating that it is a mandated requirement that Councils may not increase their compensation until an election of at least some of the members and adjust the salary for the newly elected and at that time may also adjust the salary for the existing members.
In response to Council inquiry City Attorney stated that more information can be provided to members on increasing the salary for the Mayor position.
No members of the public came forward to speak on this item.
Council concurred to support staff recommendations and concluded the discussion.
BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
Councilmembers reported on their assignments.
Verbal report from City Manager
City Manager Oskoui commented on various utility construction conducted within city corridors.
MATTERS OF INTEREST/CLARIFICATION
None
ADJOURNMENT to closed session at this time being 9:45 p.m.
Submitted by,
Jozi Plut, City Clerk