June 26, 2023 1
San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Regular Meeting
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
June 26, 2023 7:00 PM
MINUTES
ROLL CALL
City Council Present:
Staff Present:
Adam Rak, Mayor
Ronald Collins, Councilmember
John Dugan, Vice Mayor
Sara McDowell, Councilmember
Pranita Venkatesh, Councilmember
Adam Aronson, Economic Development and Housing Manager
Nil Blackburn, Assistant City Manager
Lisa Costa Sanders, Principal Planner Consultant
Greg D. Cunha, Deputy Fire Chief
Gareth Harris, Fire Marshall
Al Savay, Community Development Director
Steven Machida, Public Works Director
Jeff Maltbie, City Manager
Andrea Mardesich, Assistant Community Development Director Rebecca Mendenhall, Administrative Services Director
Crystal Mui, City Clerk
Amy Newby, Parks and Recreation Director
Lisa Porras, Planning Manager
Gregory Rubens, City Attorney
1. CALL TO ORDER
Mayor Rak called the meeting to order at 7:00 PM.
2. 3.
ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS
All Councilmembers participated in this meeting in-person.
PLEDGE OF ALLEGIANCE
Mayor Rak led the Pledge of Allegiance.
4. CHANGES TO THE ORDER OF THE AGENDA
None.
5. REPORT FROM CLOSED SESSION
City Attorney Greg Rubens stated that there are no reports from the Closed Session items held this evening at the 6:00 PM Special Council Meeting.
June 26, 2023 2
6. PRESENTATIONS
a. Present a Proclamation Recognizing July 2023 as Parks and Recreation Month.
Mayor Rak presented Parks and Recreation Director Amy Newby with a proclamation recognizing July 2023 as Parks and Recreation Month.
Ms. Newby thanked the Council for the recognition and encouraged the public to visit the City’s parks and events.
b. Present Proclamations to Outgoing Economic Development and Advisory Commissioner Don Mancini; Museum of San Carlos History Boardmember Gordy Burton; and Parks, Recreation and Culture Commissioner Stacy Cooper-Dent in Recognition of Their Years of Service.
Mayor Rak presented a proclamation to Gordy Burton for his years of service on the Museum Board.
Mr. Burton thanked Council for the recognition and thanked the Council for their support to the Museum.
Mayor Rak presented a proclamation to Stacey Cooper -Dent for her years of service on the Parks, Recreation and Culture Commission.
Mayor Rak presented a proclamation to Don Mancini for his years of service on the Economic Development Advisory Commission.
Mr. Mancini thanked Council for the opportunity to serve.
c. Present a City Coin to Community Volunteer Cynthia Wiggin.
Mayor Rak presented a City Coin to Cynthia Wiggin for her community service.
Ms. Wiggin thanked her mom for instilling the volunteer spirit in her and spoke on the importance of volunteering.
7. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
None.
8. PUBLIC COMMENT
None.
9. CONSENT CALENDAR
City Attorney Greg Rubens recused himself from item ‘j’ on the Consent Calendar.
MOTION: Approve the City Council Consent Calendar items ‘a’ through ‘v’.
MOVER: John Dugan
SECONDER: Sara McDowell
AYES: Collins, McDowell, Venkatesh, Dugan, Rak
June 26, 2023 3
NAYS: None.
RESULT: Motion Passed 5 - 0
a. Motion to Waive Reading of All Ordinances.
b. Approve the May 8, 2023 City Council Special Meeting Minutes.
c. Approve the May 8, 2023 City Council Regular Meeting Minutes.
d. Adopt a Resolution Approving the Plans and Specifications for the 2023 Annual Storm Drain Improvement Project C9531 (3017 Brittan Ave, 1000 Drake Ct, 1005 Drake Ct, and 200 Block of El Camino Real) and Authorizing a Call for Bids. Resolution 2023-068
e. Adopt a Resolution Accepting the 447 Hillcrest Road Wall Replacement Project C2203; and Authorizing the Public Works Director to Issue and Record a Notice of Completion.
Resolution 2023-069
f. Adopt a Resolution Approving the Submittal of Annual Property Assessments to San Mateo County for National Pollutant Discharge Elimination System Stormwater Fees; Pulgas Creek Levee Assessment Fees; and Sewer Service Charges for Fiscal Year 2023-2024.
Resolution 2023-070
g. Adopt a Resolution Authorizing the City Manager to Execute a Three-Year Agreement for Products and/or Services with Peninsula Christmas Light Pros for Downtown Lighting Program Maintenance in an Amount Not to Exceed $257,892, with the Option to Renew for Two Additional Years. Resolution 2023-071
h. Adopt a Resolution Authorizing Two-Year Extensions to the Professional Services Agreements with the Firms of West Coast Code Consultants, Inc., CSG Consultants, Inc., and Bureau Veritas of North America, Inc. for Building and Fire Plan Check Services. Resolution 2023- 072
i. Deny Claim of Margarito Hernandez.
j. Adopt a Resolution Approving the Following Classification Specifications: City Attorney, Legal Secretary, Deputy City Clerk, Assistant Building Official, Senior Mechanic, and Principal Engineer; and Amending Appendices of the Local 856, Freight Checkers, Clerical Employees and Helpers Union, International Brotherhood of Teamsters (Teamsters) Memorandum of Understanding (MOU), Confidential Group Salary and Benefit Resolution, and Management Group Salary and Benefit Resolution. Resolution 2023-073
k. Deny Claim of Gerald Alchimisti.
l. Adopt a Resolution Appropriating $380,000 in Fiscal Year (FY) 2022-23 and $430,000 in FY 2023-24 from the Wastewater Fund to Establish the Silicon Valley Clean Water (SVCW) Debt Reserve Service Fund to Satisfy the SVCW Debt Service Coverage Ratio Requirements of the State Revolving Fund (SRF) Loan Program. Resolution 2023-074
m. Adopt a Resolution Transferring $60,000 from Park-in-Lieu Fund 0027 to the Sport Field Lighting Project C1818 in the General Capital Fund 0025. Resolution 2023-075
n. Adopt a Resolution Awarding the 2023 Pavement Crack Seal Project C9416; Authorizing the City Manager to Execute a Public Projects Agreement with Graham Contractors, Inc. of San Jose, CA in the Amount of $82,380; and Authorizing the Expenditure of a Contingency in the Amount of $12,357. Resolution 2023-076
June 26, 2023 4
o. Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement with KimleyHorn & Associates, Inc. in the Amount of $143,970 for Additional Professional Engineering Services for the Traffic Signal System Analysis Project (C2007) and Authorizing the Expenditure of Contingency up to the Project Budget. Resolution 2023-077
p. Adopt a Resolution Granting Consent to the City of Burlingame to Form the San Francisco Peninsula Tourism Marketing District (SFPTMD) and Include the City of San Carlos.
Resolution 2023-078
q. Adopt a Resolution Extending the Agreement with Savant Solutions, Inc. for Firewall Hardware and Services for an Additional Three Years in a Total Amount Not to Exceed $30,000, with the Option to Renew Until the Hardware is Replaced. Resolution 2023-079
r. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Peninsula Clean Energy to Administer City Electric Vehicle Charging Incentives for Existing Multi-Family Buildings in San Carlos. Resolution 2023-080
s. Adopt a Resolution Accepting and Approving the Annual Investment Policy for Fiscal Year 2023-24. Resolution 2023-081
t. Adopt a Resolution Authorizing the City Manager to Execute a Two-Year Lease Agreement for Office Space at the San Carlos Library Building with the Friends of the San Carlos Library (FOSCL), with the Option to Extend for an Additional Three Years. Resolution 2023- 082
u. Adopt a Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with PlaceWorks for Consulting Services to Prepare a General Plan Capacity Revision and an Accompanying Environmental Impact Report in an Amount Not to Exceed $390,000 and Authorizing an Additional Appropriation from the General Capital Fund 0025 Unassigned Fund Balance in the Amount of $140,000 to Project C2311 -2030 General Plan Amendment. Resolution 2023-083
v. Adopt a Resolution Authorizing Application by the City to the Local Agency Formation Commission Requesting Approval for Extension of Sewer Service Outside Jurisdictional Boundaries Pursuant to Government Code Section 56133 and Authorizing the City Manager to Execute the Outside Sewer Services Agreement with Kyle C. Cady and Christen G.
DiPetrillo for 83 El Vanada Road and all Associated Agreements. Resolution 2023-084
10. NEW BUSINESS
a. Consider Acquisition of Properties Located at 1800 El Camino Real and 1131-1133 Eaton Ave, San Carlos (APNs: 051-379-010, 051-379-020, 051-379-030, 051-379-040, 051-379-050, 051- 379-060) for Potential Future Affordable Housing Development Including Authorization for the City Manager to Execute a Purchase and Sale Agreement and Approval of a $7,000,000 Loan from the Strategic Property Acquisition Reserve (SPAR) Fund to Fund 29, the Affordable Housing In-Lieu Fund and Authorization of an Amendment to the Fiscal Year (FY) 2023- 24 Project Budget for C2332 – Affordable Housing Site Acquisition/Construction to Transfer $3,100,000 in Appropriation from FY 2024-25 to FY 2023-24 to Facilitate the Purchase.
Adam Aronson, Economic Development and Housing Manager, presented on the potential acquisition of properties at 1800 El Camino and 1131-1133 Eaton Ave for a future affordable housing development and responded to Council questions.
June 26, 2023 5
Councilmember Venkatesh suggested staff proceed in a family-oriented direction.
Council voiced their support for the project.
i. Adopt a Resolution of the City Council of the City of San Carlos Approving and Authorizing the Execution of a Financing Agreement with the San Carlos Housing Authority Including the Approval of a $7 Million Loan from the Strategic Property Acquisition (SPAR) Fund to Fund 29, the Affordable Housing in- Lieu Fund, and Authorizing an Amendment to the Fiscal Year (FY) 2023 -24 Project Budget for C2332 – Affordable Ho using Site Acquisition/Construction, to Transfer $3.1 Million in Appropriation from FY 2024-25 to FY 2023-24.
MOTION: Adopt Resolution 2023-085 Approving and Authorizing the Execution of a Financing Agreement with the San Carlos Housing Authority Including the Approval of a $7 Million Loan from the Strategic Property Acquisition (SPAR) Fund to Fund 29, the Affordable Housing in- lieu Fund, and Authorizing an Amendment to the Fiscal Year 2023- 24 Project Budget for C2332 – Affordable Housing Site Acquisition/ Construction, to Transfer $3.1 Million in Appropriation from FY 2024-25 to FY 2023-24.
MOVER: Sara McDowell
SECONDER: John Dugan
AYES: Dugan, Collins, McDowell, Venkatesh, Rak
NAYS: None
RESULT: Motion Passed 5 – 0
ii. Adopt a Resolution of the Housing Authority of the City of San Carlos Approving and Authorizing the Execution of a Financing Agreement with the City of San Carlos.
MOTION: Adopt Resolution HA-011 Approving and Authorizing the Execution of a Financing Agreement with the City of San Carlos
MOVER: John Dugan
SECONDER: Ronald Collins
AYES: Venkatesh, Dugan, Collins, McDowell, Rak
NAYS: None
RESULT: Motion Passed 5 – 0
iii. Adopt a Resolution of the Housing Authority of the City of San Carlos Approving a Purchase and Sale Agreement Between the Housing Authority and Ann C. Gaskell, as Successor Sole Trustee of the Peck Revocable Trust Dated June 4, 1997, as to an Undivided Eighty-Six (86%) Interest, and David L. Peck, a Married Man, as His Sole and Separate Property, as to an Undivided Fourteen Percent (14%) Interest for the Purchase of 1131-33 Eaton Avenue (APNs 051-379-040, 051-379-050, And 051-379- 060).
MOTION: Adopt Resolution HA-012 Approving a Purchase and Sale Agreement Between the Housing Authority and Ann C. Gaskell, as Successor Sole Trustee of the Peck Revocable Trust Dated June 4, 1997, as to an Undivided Eighty-Six (86%) Interest, and David L. Peck, a Married Man, as His Sole and Separate Property, as to an Undivided Fourteen
June 26, 2023 6
Percent (14%) Interest for the Purchase of 1131 -33 Eaton Avenue (APNs 051-379-040, 051-379-050, and 051-379-060).
MOVER: Pranita Venkatesh
SECONDER: Ronald Collins
AYES: McDowell, Venkatesh, Dugan, Collins, Rak
NAYS: None
RESULT: Motion Passed 5 – 0
iv. Adopt a Resolution of the Housing Authority of the City of San Carlos Approving a Purchase and Sale Agreement Between the Housing Authority and Koff Consolidated Realty Inc. for the Purchase of 1800 El Camino Real (APNs 051-379-010, 051-379-020, and 051-379-030).
MOTION: Adopt Resolution HA-013 Approving a Purchase and Sale Agreement Between the Housing Authority and Koff Consolidated Realty Inc. for the Purchase of 1800 El Camino Real (APNs 051- 379-010, 051-379- 020, and 051-379-030).
MOVER: Ronald Collins
SECONDER: Sara McDowell
AYES: Collins, McDowell, Venkatesh, Dugan, Rak
NAYS: None
RESULT: Motion Passed 5 – 0
b. Consideration of Adopting a Resolution Authorizing the City Manager to Sign an Amendment to the Disposition, Development, and Loan Agreement with Cherry Street Commons, L.P.; Approving a Total City Loan Amount of $12,860,000, Including an Allocation Under this Amount of $2,000,000 to the Existing Predevelopment Loan; and Appropriating an Additional $1,000,000 from the City’s Affordable Housing In -Lieu Fund (Fund 29) to Capital Project C9754 to Cover these Costs and Support the Construction of an Affordable Housing Project at 1232-1244 Cherry Street (Assessor’s Parcel Numbers (APNs) 050-132-110, 050-132-100, and 050-680-040).
Adam Aronson, Economic Development and Housing Manager, presented on the next steps to proceed with the 1232-1244 Cherry Street affordable housing project and turned the presentation over to HIP Housing Developer Kate Comfort Harr to provide an update on the project; Eden Housing Developer Mike Rogers to provide information on the proposed affordable housing; and Van Meter Williams Pollack Architect Rick Williams to review the details of the site development. Mr. Rogers, Ms. Harr, and Mr. Aronson responded to Council questions.
Council requested the following:
- notify Council when the State responds to the development’s grant funding application - pay close attention to the parking ratio to ensure it’s meeting the needs of the residents - provide an update report to the Council after the development is completed
Public Comment:
- Brian Perkins, resident, spoke in favor of the 1232- 1244 Cherry Street affordable housing project.
MOTION: Adopt Resolution 2023-086 Authorizing the City Manager to Sign an Amendment to the Disposition, Development, and Loan Agreement with Cherry Street Commons, L.P.; Approving a Total City Loan Amount of $12,860,000,
June 26, 2023 7
Including an Allocation Under this Amount of $2,000,000 to the Existing Predevelopment Loan; and Appropriating an Additional $1,000,000 from the City’s Affordable Housing In -Lieu Fund (Fund 29) to Capital Project C9754 to Cover these Costs and Support the Construction of an Affordable Housing Project at 1232 -1244 Cherry Street (Assessor’s Parcel Numbers (APNs) 050 - 132-110, 050-132-100, and 050-680-040).
MOVER: John Dugan
SECONDER: Pranita Venkatesh
AYES: Dugan, Collins, McDowell, Venkatesh, Rak
NAYS: None
RESULT: Motion Passed 5 – 0
c. Consideration of Adopting a Resolution Authorizing the City Manager to Execute an Agreement to Abandon Non -Conforming Use; Settlement Agreement and Release and Assignment of Lease at 1144 El Camino Real, San Carlos to the City and Authorizing an Appropriat ion of $390,000 in Fiscal Year (FY) 2022-23, $96,000 in FY 2023-24 and $98,000 in FY 2024-25 from the General Fund Unassigned Fund Balance to Cover the Settlement and Ongoing Lease and Maintenance Costs.
City Attorney Greg Rubens spoke on the proposed agreements pertaining to the 1144 El Camino Real property to bring El Camino in compliance with the City’s current zoning. He responded to Council questions.
Public Comment
- Rob Anson spoke in support of the City’s efforts to reduce gun availability.
- Danielle Lacampagne, resident, spoke in support of the proposed lease.
- Mark Berns questioned if Imbert and Smithers could operate at another location.
Mayor Rak requested the City Attorney address Mr. Berns’ questions.
MOTION: Adopt Resolution 2023-087 Authorizing the City Manager to Execute the Agreement Abandoning Non- Conforming Use; Settlement Agreement and Release and Assignment of Lease at 1144 El Camino Real; and Authorizing an Appropriation of $390,000 in Fiscal Year (FY) 2022 -23, $96,000 in FY 2023-24, and $98,000 in FY 2024- 25 from the General Fund Unassigned Fund Balance to Cover the Settlement and Ongoing Lease and Maintenance Costs.
MOVER: Ronald Collins
SECONDER: Sara McDowell
AYES: Venkatesh, Dugan, Collins, McDowell, Rak
NAYS: None
RESULT: Motion Passed 5 – 0
d. Consideration of Adopting a Resolution Approving the City Attorney Employment Agreement.
City Attorney Greg Rubens recused himself as he has a conflict with this item.
June 26, 2023 8
Administrative Services Director Rebecca Mendenhall presented on the proposed City Attorney’s employment agreement and responded to Council question.
Public Comment
A member of the public inquired on the City Attorney’s medical benefits.
MOTION: Adopt Resolution 2023-088 Approving the City Attorney Employment Agreement.
MOVER: Pranita Venkatesh
SECONDER: Ronald Collins
AYES: McDowell, Venkatesh, Dugan, Collins, Rak
NAYS: None
RESULT: Motion Passed 5 – 0
Council recessed at 8:48 PM and reconvened the meeting at 8:58 PM.
11. PUBLIC HEARING
a. Consideration of Introducing an Ordinance(s) Amending the City of San Carlos Municipal Code Title 18 and Title 8.30 to Regulate Laboratories with Biosafety Levels (BSL).
Community Development Director Al Savay provided background on the regulation of Biosafety Levels (BSL) and outlined the 4 options for Council consideration and turned the presentation over to Dr. Laura Flores, High Containment Facilities Director/ Assistant Biosafety Officer at UC Berkeley, to speak on the BSL-3 Design Features.
Dr. Flores, Carla Boragno, Former Vice President of Site Services at Genetech, Mr. Savay, Principal Planner Lisa Costa Sanders, Planning Director Carol Johnson and City Attorney Greg Rubens responded to Council questions.
Councilmember Venkatesh disclosed that her husband works in the life sciences industry.
Public Comment
- Michael Crockett, resident, spoke in support of the Conditional Use Permit process.
- Lori Guelman, resident, spoke in support of the Conditional Use Permit process.
- Scott Jeffries, resident, spoke in support of the Ordinances that provide Council with the ability to maintain their voice and have flexibility in the process.
- David Crabbe, resident and on behalf of the Sierra Club, spoke in support of option 2 to prohibit BSL 3 and 4 labs.
- Greg Walker, resident, spoke in support of option 2 to prohibit BSL 3 and 4 labs.
- Tara Berta, resident, spoke in support of option 2 to prohibit BSL 3 and 4 labs.
- Christine Shrilla, a Bay Area Policy Maker for Biocom California, spoke in support of the Conditional Use Permit process for BSL 3.
June 26, 2023 9
- Zinovy Fichenholz, resident, spoke in support of option 2 to prohibit BSL 3 and 4.
- Steven Goodale spoke in support of option 2 to prohibit BSL 3 and 4 labs.
- Jeff Maley, resident, spoke in support of option 2 to prohibit BSL 3 and 4 labs.
- Anna Axiaq, resident, spoke in support of option 2 to prohibit BSL 3 and 4 labs.
- Dennis Miller, owner of AABC Testing and Certification, cautioned on the need for careful testing of BSL 3 and 4 labs.
- Amy Buckmaster, representing Chamber San Mateo County, spoke in support of options 3 and 4 to proceed at a minimum with the Conditional Use Permit process for BSL 3 labs.
MOTION: At 10:24 PM, Extend Meeting to 11:30 PM.
MOVER: Ronald Collins
SECONDER: Sara McDowell
AYES: Dugan, Collins, McDowell, Venkatesh, Rak
NAYS: None
RESULT: Motion Passed 5 – 0
- Gita Dev, with Sustainable Land Use Committee from the Sierra Club, spoke in support of option 2 to prohibit BSL 3 and 4 labs.
- Gladwyn d’ Souza spoke in support of option 2 to prohibit BSL 3 and 4 labs.
- Nick Sharf, resident, spoke in support of option 2 to prohibit BSL 3 and 4 labs.
- Debbie Baldocchi, resident, spoke in support of option 2 to prohibit BSL 3 and 4 labs.
- Gary Baldocchi, resident, spoke in support of option 2 to prohibit BSL 3 and 4 labs.
- Susanne D, resident, spoke in support of option 2 to prohibit BSL 3 and 4 labs.
- Bryce Nickels, Professor of Genetics from Ruckers University and cofounder of Biosafety Now, disclosed that he’s attending this meeting by invitation of the community and spoke in support of option 2 to ban BSL 3 and 4.
- Paul Magginetti, resident on behalf of Greater East San Carlos Association, spoke in support of option 2 to ban BSL 3 and 4.
- Dimitri Vandellos, resident, spoke in support of option 2 to ban BSL 3 and 4 labs and suggested conducting further studies to also consider a Conditional Use Permit process on BSL 1 and 2 labs.
- Racquel Rendon-Walker, resident, spoke in support of option 2 to prohibit BSL 3 and 4 labs.
- K lare Allen cautioned the Council on BSL 3 and 4 labs and provided suggestions on how to conduct further research.
June 26, 2023 10
- Tim Hillborn, resident, spoke in support of option 2 to ban BSL 3 and 4 labs and consider a Conditional Use Permit on BSL 1 and 2 labs.
MOTION: Approve to Close the Public Hearing.
MOVER: Sara McDowell
SECONDER: Ronald Collins
AYES: Collins, McDowell, Venkatesh, Dugan, Rak
NAYS: None
RESULT: Motion Passed 5 – 0
Ms. Boragno, Mr. Savay and Dr. Flores responded to Council’s additional questions.
Council discussion ensued.
MOTION: At 11:27 PM, Extend Meeting to 12:00 AM.
MOVER: John Dugan
SECONDER: Sara McDowell
AYES: Venkatesh, Dugan, Collins, McDowell, Rak
NAYS: None
RESULT: Motion Passed 5 – 0
Council suggested that the County develop a countywide regulatory framework for BSL labs.
MOTION: Introduce Ordinance 1597 Amending San Carlos Municipal Code, Title 18, Zoning, Sections 18.06.020 (Commercial Districts Land Use Regulations),
18.07.020 (Industrial Districts Land Use Regulations), and 18.41.020 (Definitions) to Prohibit Research and Development Activities Requir ing Biosafety Level (BSL) 3 and 4 Containment.
MOVER: John Dugan
SECONDER: Sara McDowell
AYES: McDowell, Dugan, Rak
NAYS: Venkatesh, Collins
RESULT: Motion Passed 3 – 2
12. AGENDA SETTING
None.
13. ADJOURNMENT
The meeting adjourned at 11:32 PM.
Crystal Mui, City Clerk