City Council Regular Meeting Minutes – 6/5/2023 Page 1
COUNCIL MEMBERS
Amourence Lee, Mayor
Lisa Diaz Nash, Deputy Mayor
Rich Hedges
Adam Loraine
Rob Newsom Jr.
CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
June 5, 2023
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:00 p.m.
Pledge of Allegiance
Roll Call
Present: Deputy Mayor Diaz Nash, Council Members: Hedges, Loraine and Newsom
Absent: Mayor Lee due to family illness
CEREMONIAL
1. Immigrant Heritage Month – Proclamation - Megan Gosch, County of San Mateo Immigrant Services, received the proclamation.
2. Pride Month – Proclamation - Craig Weisner, County of San Mateo LGBTQ Commission, received the proclamation.
CONSENT CALENDAR
The following items, 3 through 4 and 6 through 26, were considered to be routine by the City Council. Items 5, 27, and 28 were removed to be considered separately. After the titles of the items were read by the Deputy City Clerk, the public was invited to comment and there were no speakers. Motion passed 4-0.
Moved: Hedges, Seconded: Newsom
Ayes: Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
3. City Council Meeting Minutes - Approval
Approve the minutes of the special and regular meetings of May 15, 2023.
4. City Council 2023 Regular Meeting Calendar Update – Adoption Adopt the updated City Council regular meeting schedule to re-establish the regular City Council meeting originally scheduled for October 2, 2023.
6. Summer Camp Bus Transportation – Agreement
Approve an agreement with First Student, Inc. to provide bus transportation services for City of San Mateo summer camps from June 12, 2023 through August 11, 2023 for a contract amount of $118,272; establish a contingency reserve of 10%; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
DocuSign Envelope ID: 838CABD4-5FAB-4D32-82EC-3C1F6AD30B4E City Council Regular Meeting Minutes – 6/5/2023 Page 2
7. Fiscal Year 2023-24 General Obligation Bond – Tax Rate Levy Adopt a Resolution to levy the property tax rate of $0.0057 per $100 of assessed value, equating to $5.70 per $100,000 assessed value), for the voter-approved General Obligation Bond annual debt service payment.
Enactment: Resolution No. 49 (2023)
8. Wastewater Treatment Plant Supply of Sodium Bisulfite – Change Order Approve Contract Change Order No. 1 with Univar Solutions USA, Inc., to increase the supply of sodium bisulfite by 20,000 gallons, for an amount not to exceed $32,340, for a total agreement amount of $355,734; and authorize the Public Works Director to execute the change order in substantially the form presented.
9. Wastewater Treatment Plant Supply of Sodium Hypochlorite – Change Order Approve Contract Change Order No. 1 with Univar USA, Inc., to increase the supply of sodium hypochlorite by 20,000 gallons for an amount not to exceed $32,704, for a total agreement amount of $523,254; and authorize the Public Works Director to execute the change order in substantially the form presented.
10. Wastewater Treatment Plant Supply of Chemicals – Contracts Award chemical supply contracts to: 1) Hasa, Inc. to supply sodium hypochlorite in the amount of $957,027; 2) Univar Solutions USA, Inc. to supply sodium bisulfite in the amount of $404,517; and 3) Kemira Water Solutions, Inc. for the supply of ferric chloride in the amount of $312,212; establish 10% contingency reserves for each contract; and authorize the Public Works Director to execute the contracts in substantially the form presented and issue change orders within the contingency amounts.
11. Wastewater Treatment Plant Supply of Liquid Emulsion Polymer – Contract Adopt a Resolution to approve an alternative purchasing procedure to award a contract to SNF Polydyne for the supply of liquid emulsion polymer in the amount of $405,613; establish a 10% contingency reserve; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.
Enactment: Resolution No. 50 (2023)
12. Wastewater Treatment Plant Immediate Action Projects, Package III – Amendment Approve Amendment No. 5 to the professional services agreement with HDR Engineering, Inc. to provide engineering services during construction for the Wastewater Treatment Plant Immediate Action Projects Package III Project and increase the budget by $422,000, for a total amount not to exceed $1,521,495; increase the contingency reserve by an amount of $42,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.
13. Hillsdale Caltrain Station Bicycle Access Gap Closure Project – Amendment Adopt a Resolution to authorize an appropriation in the amount of $93,948 of Measure A funds to the Hillsdale Caltrain Station Bicycle Access Gap Closure project; amend the agreement with Bellecci & Associates, Inc. for the Hillsdale Caltrain Station Bicycle Access Gap Closure project to increase the agreement amount by $93,948 for a new total not to exceed $246,948; increase the contingency amount by $88,255 for new contingency total of $98,255; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.
Enactment: Resolution No. 51 (2023)
DocuSign Envelope ID: 838CABD4-5FAB-4D32-82EC-3C1F6AD30B4E City Council Regular Meeting Minutes – 6/5/2023 Page 3
14. California Transportation Commission Local Streets and Roads – Project List Fiscal Year 2023-24 Adopt a Resolution to submit a list of projects proposed to be funded with the Road Repair and Rehabilitation Account, Senate Bill 1 funding, to the California Transportation Commission for fiscal year 2023-24.
Enactment: Resolution No. 52 (2023)
15. On-Call Professional Consultant Services – Amendments Approve Amendment No. 2 to extend the term of individual on-call professional consultant services agreements for no additional cost with Wilsey Ham, HDR Engineering, Inc., and Bellecci & Associates until December 31, 2025; and authorize the Public Works Director to execute future no-cost amendments.
16. Citywide Street Reconstruction Phase 4 – Agreement and Budget Transfer Adopt a Resolution to authorize a budget transfer from Citywide Street Reconstruction Package 1 to Citywide Street Reconstruction Package 3 in the amount of $410,000; affirm a requested bid relief from Ghilotti Bros, Inc.; approve an agreement with McGuire and Hester for the Citywide Street Reconstruction Phase 4 Project in the amount of $6,259,358; establish a contingency reserve in the amount of $630,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
Enactment: Resolution No. 53 (2023)
17. Citywide Street Rehabilitation Package 5B – Agreement Approve an agreement with MNS Engineers, Inc. for design services in an amount not to exceed $585,000; establish a contingency reserve of $58,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve amendments within the contingency amount.
18. Bermuda Drive Bridge Replacement Project Pacific Gas & Electric – Grant of Easement Adopt a Resolution to grant an Easement Deed to Pacific Gas & Electric and authorize the City Manager to execute the Easement Deed.
Enactment: Resolution No. 54 (2023)
19. State of California Department of Transportation Delegated Maintenance Agreement – Amendment Adopt a Resolution approving Amendment No. 4 to the Delegated Maintenance Agreement with the State of California Department of Transportation for maintenance of State Highways in the City of San Mateo to reduce the scope of the City’s maintenance responsibilities within Caltrans’s right-of-way along State Route 92 and authorize the City Manager to execute the amendment in substantially the form presented.
Enactment: Resolution No. 55 (2023)
20. Fleet Maintenance Services – Amendment
Approve Amendment No. 5 to extend the agreement with First Vehicles Services, Inc. for year four (4) of five (5) optional one-year extensions for fleet maintenance services in the amount of $898,343 for a new agreement total of $6,963,517.81; include $200,000 for additional compensation for services that exceed the base level established in the agreement; establish a contingency reserve in the amount of $100,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.
DocuSign Envelope ID: 838CABD4-5FAB-4D32-82EC-3C1F6AD30B4E City Council Regular Meeting Minutes – 6/5/2023 Page 4
21. Workers' Compensation Program Third Party Administration – Agreement Award an agreement to LWP Claims Solutions, Inc. for third party administration of the City's self-insured workers' compensation program for a three-year term in the amount of $740,907 with an option to extend it for additional two years in the amount of $530,194 (for a total amount of $1,271,101), and authorize the Human Resources Director to execute the agreement in substantially the form presented.
22. California State Library Parks Pass Grant – Budget Appropriation Adopt a Resolution to approve a supplemental budget appropriation in the amount of $44,634 for a grant awarded by the California State Library to the San Mateo Public Library to support the State Parks Are For Everyone! program.
Enactment: Resolution No. 56 (2023)
23. California Library Literacy Services – Budget Appropriation Adopt a Resolution to approve a supplemental budget appropriation in the amount of $55,092 for a grant awarded by the California State Library to the San Mateo Public Library to support the Project Read Literacy Program.
Enactment: Resolution No. 57 (2023)
24. Minimum Wage Enforcement Services – Notice to Extend Agreement Approve a notice to extend the agreement with City of San Jose's Office of Equality Assurance for minimum wage ordinance enforcement services in the amount of $30,000 and authorize the City Manager to execute the notice in substantially the form presented.
25. San Francisco Peninsula Tourism Marketing District (SFPTMD) Formation – Approval 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 Mateo within the boundaries of the district.
Enactment: Resolution No. 58 (2023)
26. Interim City Manager – Appointment
Adopt a Resolution to approve the appointment of Christina Horrisberger as the Interim City Manager.
Enactment: Resolution No. 59 (2023)
END OF CONSENT CALENDAR
REMOVED FROM CONSENT CALENDAR
5. Senior Transportation "Get Around" Program – Agreement Council Member Hedges pulled this item to provide comments on the Get Around Ride program stating disabled under the age of 65 should be included in the program.
Public Comment – Rick Bonilla supports Rich Hedges suggestion. Mike said he supports this item but believes it is underfunded.
Motion to Approve an agreement with Serra Yellow Cab of Daly City Inc. for the Senior Transportation “Get Around” program up to the amount of $150,000 for fiscal year 2023-24, with an option for the City to extend the agreement for fiscal year 2024-2025 for up to $150,000 for a potential contract total of $300,000; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented. Motion passed 4-0.
DocuSign Envelope ID: 838CABD4-5FAB-4D32-82EC-3C1F6AD30B4E City Council Regular Meeting Minutes – 6/5/2023 Page 5
Moved: Hedges, Seconded: Newsom
Ayes: Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
27. Letter of Apology – Council Approval
Council Member Loraine pulled this item and proposed to continue this item to the next Council meeting to rework the language as upon consideration he felt it may be too punitive.
Public Comment – Tom Lease expressed this letter should be coming from Mayor Lee and not a Council subcommittee. Cliff Robbins stated this letter is factually accurate and is not punitive; it is a long necessary and needed apology and it should be coming from the Mayor. Nicole Fernandez stated the letter is not punitive; and is disappointed for the request to soften the language and she requested the Council act tonight. Seema Patel supports issuing a broader apology noting the actions of all of the Council led to the actions on December 12, 2023. Owen Day remarked that Nash’s and Newsom’s actions were also wrong as well as Lee; apology letter necessary as the community needs to move forward. Dave Cohen, Ethics San Mateo, encouraged action should be taken on Mayor Lee. Michael Weinhauer commented the letter as proposed is not too punitive but rather is not nearly strong enough and should come from Mayor Lee.
Council discussion ensued.
Motion to approve a letter of apology to four members of the community for impacts related to the selection of the Mayor and the appointment of the fifth Councilmember in December 2022. Motion passed 4-0.
Moved: Newsom, Seconded: Hedges
Ayes: Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
28. 100 N. Humboldt St. Property Owner Appeal – Statement of Decision Council Member Loraine pulled this item to allow more public comment on the issue.
Public Comment –
In person: Seema Patel stated the property owner did not submit any evidence that shifted the unsafe conditions of the property burden to the tenant and maintain the red tag ordinance as it is written. Organized presentation – One San Mateo: Jennifer Martinez, Imelda Navarro, Justin Alley, and Karyl Eldridge are opposed to the decision to grant the landlord the appeal citing this gives landlords more unfair advantage over tenants, especially those who are underserved. Kiana Simmons, Housing Leadership Council, stated the red tag ordinance was followed and should be enforced. Rick Bonilla declared upholding the appeal was the wrong decision - trust the staff; due process was the right to appeal for the landlord and asked Council to reverse the decision. Todd Blair stated this is not a court room and is not the proper venue, stated support for the landlord, and Code Enforcement is being weaponized. Rohin Ghosh, Tenants Together, stated tenant laws are only as good as the enforcement supporting them. Strict stated enforcement is needed, otherwise this invites harassment of tenants by landowners. Claire Mack stated uphold the appeal. Owen Day expressed the City Council should have held the landlord accountable as it was an open and shut case. Trina Pierce stated in her defense she had a lot of evidence and that Code Enforcement cherry picked information. Gina Papan, Attorney for Pierce, declared in the determination of liability; staff failed to consider the overwhelming evidence and opined that the Statement of Decision could show more more specific. Joanne Bennett stated that Pierce is not a slumlord. Noelia Corzo informed she respects Trina’s history in the neighborhood, but nothing explains a hole in the roof for so long and accountability is important. Marvin Hendrix cited there are bad tenants. Andrew Lomano stated to uphold the appeal and move on. Trina Pierce is not a slumlord.
DocuSign Envelope ID: 838CABD4-5FAB-4D32-82EC-3C1F6AD30B4E City Council Regular Meeting Minutes – 6/5/2023 Page 6
Remote: Cathy Baird requested to reverse the decision upholding the appeal. Dave Cohen does not support landlords who do not keep up the property. Ted McKinnon, One San Mateo, spoke about the intent of the red tag ordinance. Emily Morris stated that the 100 Humboldt tenants were her neighbors and were kind and she is deeply concerned about what will happen to tenants who complain about poor living conditions. Alexis Lewis stated do not impose this fee on Trina. 1650****663 (caller) commented Code Enforcement should start from scratch and uphold the appeal. Paul Cobanega inquired how do we protect tenants and how can we be better at helping a displaced family; should reverse the decision. Jean Saffo stated everything was fine and then the tenants moved in and tore the house up. Jordan Grimes said to reverse the decision. Rick Sakuda declared let’s just move on.
Council discussion ensued with additional questions of City Attorney Prasanna Rasiah noting the decision was done, and the item before them is to approve the Statement of Decision regarding the action taken at the June 5, 2023 public hearing.
Motion to Adopt a Statement of Decision granting the property owner’s appeal related to permanent relocation benefits to a tenant household who resided at 100 N. Humboldt Street. Motion passed 4-0.
Moved: Hedges, Seconded: Newsom
Ayes: Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
Council recessed from 8:52 p.m. to 8:58 p.m.
PUBLIC COMMENT
Organized Presentation from multiple neighborhoods affected by the December – January flooding requesting the critical need to dredge the lagoon before the next cycle of storms, noting it has been forty years since it was dredged and it should be done every 15 years, and get the funding now: Danielle Cwirko-Godycki, Rich Kranz, Mike Dillon, Mareva Godfrey, Michelle Michelle Cwirko-Godycki, Amy Jusell, Thomas Morgan, Susan Manheimer, and Valerie Oblath.
Anna Kuhre stated that the Heritage Alliance group wants to designate Baywood as an Historical District through the National Registry and most of the residents are not interested in historical designation for Baywood. Richard Delaney is against making an historical district. Jay Kuhre objects to registration of Baywood as a National Historic district. Shawn Fahrenbruch is against historic district designation for Baywood. Dustin Chase expressed the gas leaf blower ban is the right thing to do; use the electric tool instead. Kasey Schuh commented on the two school safety issues saying it is a community safety issue. Andrew Lomano directed attention to the San Mateo flag and pointed out the city seal shows the lagoon water; we need to protect it. Rick Sakuda advised the $8 fee will barely cover annual lagoon maintenance. External and internal funding need to be looked at.
PUBLIC HEARING
29. Sewer Rate Increase for Fiscal Years 2023-24 to 2027-28 – Ordinance Introduction Matt Fabry, Deputy Director of Public Works, provided a presentation on the proposed sewer rate increase noting that this public hearing is Proposition 218 Hearing to determine if a majority protest exists. He outlined the history of sewer rate increases, the schedule and next steps. Council asked questions of staff.
The Deputy Mayor opened the Public Hearing and invited any other protests to be delivered to the City Clerk before this hearing is closed.
Public Comment – Sandra Dillon commented the notice was confusing noting the public does not understand all of this. Danielle Cwirko-Godycki said the pamphlet was very confusing. Susan Manheimer stated this is an equity issue and asked are we being double billed.
DocuSign Envelope ID: 838CABD4-5FAB-4D32-82EC-3C1F6AD30B4E City Council Regular Meeting Minutes – 6/5/2023 Page 7
After public comment, the Mayor closed the public hearing and asked the Clerk if a majority protest exists.
The Clerk stated that all of the written protests to the proposed increase in the sewer rates for Fiscal Years 2023- 24 to 2027-28, there were 27,103 notices mailed to Property Owners on the tax roll and a majority would require one more than have that number or 13,552. The number of valid protests received is20. Based on that, it is clear that a majority of owners have not protested the fee increase and the Council is free to take action to increase or otherwise modify the fee.
Motion to introduce an ordinance to establish maximum sewer rates effective August 1, 2023 through June 30, 2028 pursuant to San Mateo Municipal Code Section 3.54.030 “Sewer Service Charges.” Motion passed 3-1.
Moved: Loraine, Seconded: Newsom
Ayes: Diaz Nash, Loraine, and Newsom
Noes: Hedges
30. Proposed 2023-24 Budget and 2023-28 Capital Improvement Program – Review Rich Lee, Finance Director, provided a presentation on the first of two public hearings on the 2023-24 budget and 2023-28 capital improvement program. Council asked questions of staff. Public Comment – there were no speakers. Mr. Lee explained he reports quarterly to Council regarding the budget to keep them informed and noted the formal adoption of the budget would be at the second Public Hearing at the June 20, 2023 City Council meeting.
OLD BUSINESS
31. 2023-2031 Housing Element Study Session
Zachary Dahl, Community Development Deputy Director, provided a presentation on the background of the Housing Element, HCD Housing Element letter overview, updated sites inventory methodology and capacity, Housing Element Policy updates and the next steps and tentative schedule. Council asked questions of staff.
Public Comment – Owen Day recommended to strive to complete an overly compliant housing element. Adam Klafter stated put Measure Y back on the ballot, put the density where it makes sense, we can achieve a vibrant housing here. Thomas Morgan spoke to base density. Ken Abreu expressed that housing is in crisis, crisis requires strong new bold action. Ted McKinnon commended staff on progress since the last study session and requested staff to please modify the tentative schedule to include Planning Commission involvement. Mitch Speigle suggested analyzing the compounding effect around R4 zoning for increased density. Jordan Grimes is concerned with the pipeline estimates.
Council recessed from 11:37 p.m. to 11:41 p.m.
Council asked additional questions of staff. Council comments and deliberation ensued with comments regarding adding a Planning Commission review to the Housing Element schedule, and concern with no parking within ½ mile of transit. Council was concerned with the timing constraints of adding a Planning Commission to this letter response.
Council by consensus, committed to completing the General Plan update process in 2024, put an updated Measure Y ballot initiative on the November 2024 election, have a backup plan if Measure Y ballot measure does not pass, eliminate the pre-application requirement for housing projects, update the Sites inventory methodology, consider a program for a quasi-public overlay or code amendment in 2025-26, increase the Administrative Approval threshold to 25 units, reduce parking requirements for housing projects to align with the State Density Bonus law, and maintain the current schedule for updating the Housing Element.
DocuSign Envelope ID: 838CABD4-5FAB-4D32-82EC-3C1F6AD30B4E City Council Regular Meeting Minutes – 6/5/2023 Page 8
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council was in favor of investigating an outside organization to look into future tenant relocation issues and also interested in expanding the Senior Get-Around program.
CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 12:45 p.m. to consider:
32. Conference with Labor Negotiators (Government Code Section 54957.6) – City Manager Compensation City designated representative: Mayor Amourence Lee
Unrepresented Employee: City Manager
ADJOURNMENT – Following a moment of silence, and prior to convening into Closed Session, the City Council read into the record an adjournment in memory of Library Board Trustee Don Hill and recognized his many contributions to the community, especially his focus on education. The meeting adjourned at 1:03 a.m.
APPROVED BY: SUBMITTED BY:
Amourence Lee, Mayor Martin McTaggart, Deputy City Clerk DocuSign Envelope ID: 838CABD4-5FAB-4D32-82EC-3C1F6AD30B4E