Agenda, regular meeting — San Mateo City Council, August 21, 2023

CITY OF SAN MATEO
City Council Regular Meeting
August 21, 2023
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Amourence Lee, Mayor
Lisa Diaz Nash, Deputy Mayor
Rich Hedges
Adam Loraine
Rob Newsom Jr.

AGENDA
THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTEL Y.

SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

To join via Zoom – click here:

August 21, 2023
To join via telephone: (408) 638-0968
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The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

Any unheard items will automatically move forward to the next regular meeting.

CALL TO ORDER
Pledge of Allegiance
Roll Call

CEREMONIAL

1. Wildland Fire Prevention – Informational Update

2. Caltrans El Camino Real Roadway Renewal Project - Update

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.

3. City Council Meeting Minutes - Approval
Approve the minutes of the special and regular meetings of July 17, 2023.

CEQA: This minutes approval is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

4. Cablecasting and Channel Management Services – Agreement Adopt a Resolution to use an alternative purchasing method to enter into an agreement with Millbrae Community Television (MCTV) for cablecasting, channel management, maintenance, and engineering support services in an amount not to exceed $50,000 per year for a three-year period beginning fiscal year 2023-24 through fiscal year 2025-26, with cost of living adjustments for a total amount not to exceed $155,000, and authorize the City Clerk to execute the contract in substantially the form presented.

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CEQA: This is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

5. League of California Cities Annual Conference – Voting Delegate Designation Designate Council Member Rob Newsom Jr as the City's Voting Delegate for the 2023 League of California Cities Annual Conference and authorize Council Member Newsom to vote for the League's bylaws amendments.

CEQA: This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

6. Zoning Code Amendments for City Projects, Modifications to Planning Applications, and Height Limitations and Exemptions – Ordinance Adoption
Adopt an Ordinance to amend the San Mateo Municipal Code Sections 27.02.060 “Height Limitations and Exemptions”, 27.02.140 “Exceptions”, 27.06.020 “Zoning Administrator – Powers and Duties”, 27.06.050 “Council Consideration and Determination”, and 27.08.080 “Planning Application Modifications” to streamline the review process for city projects, clarify the modification process for approved planning applications, and clarify height limitations and exemptions; and determine the amendments qualify for exemption from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3).

CEQA: In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15061(b)(3), introduction and adoption of these ordinance amendments are covered by the "common sense exemption" that CEQA applies only to projects which have the potential to cause a significant effect on the environment. Here, it can be seen with certainty that the ordinance amendments, which include updates to streamline review process for city projects, provide clarity regarding different types of project changes, and provide clarification regarding height limitations and exemptions for roof top elements, will not have a significant effect on the environment per Guidelines Section 15061(b)(3).

7. Municipal Code Amendments for New Development Parking Garage Security Requirements – Ordinance Adoption
Adopt an Ordinance to amend San Mateo Municipal Code Section 23.54.030 “Parking Garage Security” to update security requirements for residential parking garages to provide flexibility for mixed-use buildings, exempt projects with less than five dwelling units, and standardize video surveillance and lighting requirements; and determine the amendments qualify for a Categorical Exemption from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3).

CEQA: In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15061(b)(3), adoption of this ordinance amendment is covered by the "common sense exemption" in that CEQA applies only to projects which have the potential to cause a significant effect on the environment. Here, it can be seen with certainty that the ordinance amendment, which consist of updates to parking garage security measures, will not have a significant effect on the environment per Guidelines Section 15061(b)(3).

8. Concar Passage Mixed-Use Project: Development Agreement Execution Extension Request – Ordinance Adoption Adopt an Ordinance to approve a two-year extension to execute the Development Agreement for the Concar Passage Mixed-Use Project located at 640, 666, 678, 690 Concar Drive; 1820, 1850 S. Grant Street; and 1855 S.

Delaware Street.

CEQA: This project received prior CEQA clearance, and a Final Supplemental Environmental Impact Report for the PA-2018-052 was certified by the City Council on August 17, 2020. Staff has determined that pursuant to CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations, PA-2023-033 requires no further environmental review, as there have been no changes to the environmental character of the project site or the

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surrounding areas since the project (PA-2018- 052, Concar Passage Mixed-Use Project) was originally approved by City Council on August 17, 2020.

9. Technical Services for Housing, Real Estate and Fiscal Analysis – Agreements Approve agreements with Economic and Planning Systems, Inc. for: (1) on-call services for a period of five years to assist the City with housing and fiscal analysis for policy projects and for private development applications for a total of $500,000; (2) technical assistance to evaluate and recommend housing policy options associated with Housing Element implementation in the amount of $103,500; and authorize the City Manager to execute each agreement in substantially the form presented.

CEQA:This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

10. Community Development Block Grant 2022-23 Annual Action Plan – Amendment and Agreement Adopt an amendment to the 2022 – 2023 Community Development Block Grant (CDBG) Annual Action Plan and approve an agreement to Samaritan House for public facilities improvements in an amount not to exceed $100,000 in CDBG funds and authorize the City Manager to execute the agreement in substantially the form presented.

CEQA: The loan and public facilities improvements are categorically exempt from CEQA as “existing facilities,” because they consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.

11. Permanent Local Housing Allocation Grant Program Fiscal Year 2023-2024 – Grant Appropriation Adopt a Resolution to appropriate $584,800 of Permanent Local Housing Allocation grant program funds from the Department of Housing and Community Development into the fiscal year 2023-2024 operating budget.

CEQA: This appropriation is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

12. On-Call Professional Planning Services – Agreement
Approve an agreement with Metropolitan Planning Group for on-call professional technical planning services for a period of five years from August 22, 2023 through June 30, 2028 in an amount not to exceed $750,000 and authorize the City Manager to execute the agreement in substantially the form presented.

13. Flock Safety Platform – Purchase Agreement
Adopt a Resolution to approve the use of an alternative purchasing procedure; approve an agreement with Flock Group Inc., to purchase Flock Safety Platform products and services for automated license plate reader technology for a five-year term in the cumulative amount of $501,350; and authorize the Chief of Police to execute the agreement in substantially the form presented.

CEQA: This agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

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14. Cellebrite Premium Software Subscription – Agreement Approve an agreement with Cellebrite Inc., to provide a subscription to Cellebrite Premium Unlimited Software to provide digital forensics for a five-year term in the cumulative amount of $456,309.48; and authorize the Chief of Police to execute the agreement in substantially the form presented.

CEQA: This agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

15. Traffic Safety Public Service Announcements – Agreements and Appropriation Adopt a Resolution to appropriate $110,840 to the Police Department’s fiscal year 2023-2024 operating budget; approve an agreement with Mr. Badly Productions for creation of public service announcement videos related to pedestrian safety and distracted driving in the amount of $110,840; approve an agreement with the County of San Mateo for reimbursement in the amount of $110,840 for creation of the public service announcements; and authorize the Chief of Police to execute the agreements in substantially the form presented.

CEQA: This action is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

16. Washington Park Basketball Court Improvements – Contract Adopt a Resolution to approve an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. for improvements to the basketball court at Washington Park in the amount of $252,916.84; establish a contingency reserve in the amount of $25,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

CEQA: This project is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

17. Wastewater Treatment Plant Transfer Pumps Improvements Project – Bid Rejection Adopt a Resolution to reject the sole bid received for the Wastewater Treatment Plant Transfer Pumps Improvements Project; and authorize the Public Works Department to initiate a second Notice Inviting Bids.

CEQA: The City prepared a Final Programmatic Environmental Impact Report (Final PEIR) in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). On June 6, 2016, Council certified the PEIR. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for the implementation of the Clean Water Program. The City prepared Addenda to the Final PEIR that was approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the Project evaluated in the PEIR and Addendum.

18. Construction Special Inspection Services for the Clean Water Program – Amendment Approve Amendment No. 1 to the professional services agreement with Smith Emery San Francisco to increase the agreement amount by $850,000 for a revised not-to-exceed amount of $2,350,000 for continuing as-needed construction special inspection services for various Clean Water Program projects; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue project-specific task orders under the agreement.

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implementation of the Clean Water Program. The City prepared Addenda to the Final PEIR that was approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the Project evaluated in the PEIR and Addendum.

19. Bridge Management Program Development – Agreement Approve a professional consultant services agreement with Dewberry Engineers, Inc. in an amount not to exceed $250,000; establish a contingency reserve in the amount of $50,000; authorize the Public Works Director to execute the agreement in substantially the form presented and any future amendments within the contingency amount.

CEQA: This City Council action is not a project subject to CEQA review because it is an “existing facility” in that it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

20. Marina Library Structural Improvements Project – Grant Funding Adopt a Resolution to accept funding in the amount of $1,300,000 from the Targeted State Grant Program for the Marina Library Structural Improvements Project; ratify the Funding Agreement with the California State Library; and authorize the City Manager to execute all required documentation to receive the grant funds.

CEQA: This Resolution is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)

21. Fire Stations 21 & 23 Shower Remodel – Contract
Adopt a Resolution to approve an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. to remodel the showers at Fire Stations 21 and 23 in the amount of $244,267.56; establish a contingency reserve in the amount of $25,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

22. Temporary Standby Generator for Dale Avenue Pump Station Upgrade – Contract Change Order Approve Contract Change Order No. 2 to the Agreement with Herc Rentals, Inc. for a temporary emergency standby generator to support the Dale Ave Pump Station Upgrade project in an amount not-to-exceed $107,216.64 for rental services through the end of January 2024; increase the total agreement value to $436,477.21; increase the contingency reserve by $80,000; and authorize the Public Works Director to execute the change order in substantially the form presented and issue change orders within the contingency amount.

CEQA: The agreement addressed by this administrative report is being undertaken to support the Clean Water Program. This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016.

23. Marina Lagoon Fill Pump Overhaul – Change Order

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Approve Change Order No. 4 with Koffler Electrical Mechanical Apparatus Repair, Inc. dba KEMAR, to overhaul the Marina Lagoon fill pump for an amount of $13,845.78, for a revised total not-to-exceed amount of $556,050.14 and authorize the Public Works Director to execute the change order in substantially the form presented.

CEQA: This pump overhaul contract is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

24. Wastewater Treatment Plant Immediate Action Project, Package II – Appropriation and Contingency Increase Adopt a Resolution to authorize an appropriation of funds in the amount of $1,250,000 from the Sewer Fund Reserves to the Wastewater Treatment Plant Immediate Action Projects, Package II Project (Project), revising the total project budget to a value of $14,346,372; approve a $210,000 increase to the contingency reserve associated with the Myers & Sons Construction, LLC construction contract for the Project; and authorize the Public Works Director to issue change orders within the contingency reserve amount.

CEQA: The work addressed by this administrative report is being undertaken to support the Clean Water Program.

This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016.

25. Comprehensive Liability Fund – Appropriation
Adopt a Resolution to approve a supplemental budget appropriation of $1,000,000 of unassigned fund balance from the General Fund to increase transfers out from the General Fund to the Comprehensive Liability Fund to increase the budget for legal costs.

CEQA: This resolution is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)

26. Community Facilities District No. 2008-1 (Bay Meadows) Annual Appropriations Limit for Fiscal Year 2023-24 – Approval
Adopt a Resolution to approve the annual appropriations limit for fiscal year 2023-24 for Community Facilities District No. 2008-1 (Bay Meadows).

CEQA: This appropriations limit is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

27. Marina Lagoon Pump Station – Appropriation and Agreement Adopt a Resolution to authorize an appropriation in the amount of $500,000 from the General Fund unassigned fund balance to the Public Works Department operating budget for critical improvements at the Marina Lagoon Pump Station to ensure the station is prepared for the upcoming rain season; adopt a Resolution to approve an alternative purchasing procedure and approve an agreement with Cummins Inc. for maintenance on the diesel engines at the Marina Lagoon Pump Station in an amount not to exceed $303,562.87; establish a $30,000 contingency reserve; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

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CEQA: This City Council action is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.

Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.

NEW BUSINESS

28. New Year's Eve Storm - Status Report and Staff Direction Receive a report on the 2022 New Year's Eve storm and provide staff direction on priorities for future storm preparation activities.

CEQA: This status report is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)

29. Tobacco Retailer Permit Amendments – Ordinance Introduction Introduce an Ordinance to amend San Mateo Municipal Code Chapter 7.41 "Tobacco Retailer Permit" to consolidate and clarify existing definitions and enact additional requirements for tobacco retailer permits.

CEQA: In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15378(b)(5), adoption of this ordinance is categorically exempt from CEQA as an administrative activity that will not result in a potentially significant physical impact on the environment.

30. Drinking in Public Areas – Ordinance Introduction
Introduce an Ordinance to amend San Mateo Municipal Code Section 10.04.080 ”Drinking - Public Areas” and repeal Section 10.04.090 ”Drinking - Private Parking Lots.” CEQA: In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15061(b)(3), adoption of this ordinance is not a project subject to CEQA in that it can be seen with certainty that it will not have a significant effect on the environment.

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.

ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS:

Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at
www.cityofsanmateo.org
. Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.

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Prior to the Meeting
Send comments to:
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Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.

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Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

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At the meeting complete a “Request to Speak” form, submit a request at the speaker kiosk or scan the QR code.

ACCESSIBILITY:

In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]
. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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San Mateo City CouncilAugust 21, 2023

San Mateo City Council
August 21, 2023