City Council Regular Meeting Minutes – 8/21/2023 Page 1 6 1
6 5
COUNCILMEMBERS
Amourence Lee, Mayor
LisaDiaz 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 CA94403
www. cityofsanmateo. org
August 21, 2023
City Hall Council Chamber 7: 00 PM
Regular Meeting
CALLTOORDERat 7:00 p.m.
Pledge of Allegiance
Roll Call
Present: Mayor Lee, Deputy Mayor Diaz Nash, Council Members: Hedges, Loraine and Newsom
CEREMONIAL
1. Wildland Fire Prevention – Informational Update - Fire Chief Thrasher and Deputy Fire Chief Marshall presented.
2. Caltrans El Camino RealRoadway Renewal Project – Update - RebeccaKrawiec, Public and Stakeholder Outreach; Rommel Pardo Senior Project Manager; Matthew Goetz, District Land Surveyor; and IsaacMai, Project Engineer; Caltrans, presented.
CONSENTCALENDAR
The following items, 3 through 27, were considered to be routine by the City Council. After the titles of the items were read by the Deputy City Clerk, the public was invited to comment and there were two speakers: Michael Grubb spoke on Item 8 regarding vacant lot remediation on Delaware; and RyanMoriguchi spoke on Item #23 pump needs repair. Motion passed5-0.
Moved: Hedges, Seconded: Newsom
Ayes: Lee, DiazNash, Hedges, Loraine, and Newsom
Noes: None
3. City Council Meeting Minutes - Approval
Approve the minutes of the special and regular meetings of July 17, 2023.
4. Cablecastingand 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 servicesin 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.
Enactment: Resolution No. 84 (2023)
5. Leagueof California Cities Annual Conference – Voting Delegate Designation Designate Council Member Rob Newsom Jr as the City's Voting Delegate for the 2023 Leagueof California Cities Annual Conference and authorize Council Member Newsom to vote for the League's bylaws amendments.
DocuSign Envelope ID: E4D0FEC7- CD99- 4568- BFD5- 96332D2AE080 City Council Regular Meeting Minutes – 8/21/2023 Page 2 6 1
6 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 SanMateo Municipal Code Sections27.02.060 “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).
Enactment: Ordinance No. 2023-03
7. Municipal CodeAmendments for New Development Parking GarageSecurity Requirements – Ordinance Adoption Adopt an Ordinance to amend SanMateo Municipal Code Section 23.54.030 “Parking GarageSecurity” to update security requirements for residential parking garagesto 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).
Enactment: Ordinance No. 2023-04
8. ConcarPassageMixed-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 PassageMixed- Use Project located at 640, 666, 678, 690 ConcarDrive; 1820, 1850 S. Grant Street; and 1855 S.
Delaware Street.
Enactment: Ordinance No. 2023-05
9. Technical Servicesfor Housing, RealEstate and FiscalAnalysis – Agreements Approve agreements with Economic and Planning Systems, Inc. for: (1) on-call servicesfor a period of five years to assistthe City with housing and fiscal analysisfor policy projects and for private development applications for a total of $500,000; (2) technical assistanceto 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.
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 CDBGfunds and authorize the City Manager to execute the agreement in substantially the form presented.
11. Permanent LocalHousing Allocation Grant Program FiscalYear2023-2024 – Grant Appropriation Adopt a Resolution to appropriate $ 584,800 of Permanent LocalHousing Allocation grant program funds from the Department of Housing and Community Development into the fiscal year 2023-2024 operating budget.
Enactment: Resolution No. 85 (2023)
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 June30, 2028 in an amount not to exceed $750,000 and authorize the City Manager to execute the agreement in substantially the form presented.
DocuSign Envelope ID: E4D0FEC7- CD99- 4568- BFD5- 96332D2AE080 City Council Regular Meeting Minutes – 8/21/2023 Page 3 6 1
6 5
13. Flock Safety Platform – PurchaseAgreement
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 servicesfor 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.
Enactment: Resolution No. 86 (2023)
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.
15. Traffic Safety Public ServiceAnnouncements – 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.
Enactment: Resolution No. 87 (2023)
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 issuechange orders within the contingency amount.
Enactment: Resolution No. 88 (2023)
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.
Enactment: Resolution No. 89 (2023)
18. Construction SpecialInspection Servicesfor the Clean Water Program – Amendment Approve Amendment No. 1 to the professional services agreement with Smith Emery SanFranciscoto 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 servicesfor various CleanWater 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.
19. Bridge Management Program Development – Agreement
Approve a professional consultant servicesagreement 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.
DocuSign Envelope ID: E4D0FEC7- CD99- 4568- BFD5- 96332D2AE080 City Council Regular Meeting Minutes – 8/21/2023 Page 4 6 1
6 5
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.
Enactment: Resolution No. 90 (2023)
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 issuechange orders within the contingency amount.
Enactment: Resolution No. 91 (2023)
22. Temporary Standby Generator for Dale Avenue Pump Station Upgrade – Contract ChangeOrder Approve Contract ChangeOrder 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 servicesthrough the end of January2024; 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 issuechange orders within the contingency amount.
23. Marina Lagoon Fill Pump Overhaul – ChangeOrder
Approve ChangeOrder 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.
24. Wastewater Treatment Plant Immediate Action Project, PackageII – Appropriation and Contingency Increase Adopt a Resolution to authorize an appropriation of funds in the amount of $1,250,000 from the Sewer Fund Reservesto the Wastewater Treatment Plant Immediate Action Projects, PackageII 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 & SonsConstruction, LLCconstruction contract for the Project; and authorize the Public Works Director to issuechange orders within the contingency reserve amount.
Enactment: Resolution No. 92 (2023)
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.
Enactment: Resolution No. 93 (2023)
26. Community Facilities District No. 2008-1 (Bay Meadows) Annual Appropriations Limit for FiscalYear2023-24 – Approval
Adopt a Resolution to approve the annual appropriations limit for fiscal year 2023-24 for Community Facilities District No. 2008-1 (Bay Meadows).
Enactment: Resolution No. 94 (2023)
DocuSign Envelope ID: E4D0FEC7- CD99- 4568- BFD5- 96332D2AE080 City Council Regular Meeting Minutes – 8/21/2023 Page 5 6 1
6 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 issuechange orders within the contingency amount.
Enactment: Resolution Nos. 95 and 96 (2023)
PUBLICCOMMENT
Dianne Whitacker expressedappreciation to Heather Stewart who is retiring this week. Edward Evans, Norcal Carpenters Union, thanked the City for the strong labor standards language that went into the draft General Plan. Monika Lee, Age Friendly TaskForce, asked for financial support. Olga appreciated the Fire presentation and also expressed concern with Eucalyptus trees. Speakingin support of SB403to end caste discrimination: Thenmozhi Soundararajan, Sunita Singhand Gayatri JG.
Council recessedfrom 8:25 p.m. to 8:31 p.m.
NEW BUSINESS
28. New Year's EveStorm - Status Report and Staff Direction Matt Fabry, Public Works Deputy Director, and ChuckAnderson, PEPresident Schaaf & Wheeler provided a presentation regarding an overview of the stormwater draining system, impacts from the 2022 New Year's Eve storm, the Marina Lagoon, Schaaf & Wheeler analysisof what went wrong on New Year’s Eve, future wet weather preparation and next steps.
Council asked questions of staff.
Public Comment – Daniel Cwirko-Godycki requested to please release rainy day funds immediately, support stormwater protection initiative. RussWillsher concerned with weather conditions; release rainy day funds. Amy JusselBedard urged to release rainy day funds and the stormwater fee and is concerned that voters don’t see it as a city wide issue. Mantosh Kumar stated take action now. RichKranz commented about a lagoon level meter with a camera on it and to release rainy day funds. Lawrence Ives commented on infrastructure issues. Michelle Cwirko- Godcki said make everyone safe - use rainy day funds.
Nikki Huth advised to work on the east and west side simultaneously. Annette Bianco commented on severe flooding and urged taking urgent action to make everyone safer this winter. Andrea Shovvoiced that neighbors were in a panic, release rainy day funds. Keith Carlsonremarked to release rainy day fund and go over and above.
Heidi Moser concerned with pumps. Lila Kandaconcerned with upcoming heavy rains and asked for money.
Valerie Oblath stated cannot control mother nature; prevent and prepare for coming winter. Mareva Godfrey declared the storm was terrifying.
Charlie Schirripa said use the rainy day fund. Andy Middione expressed urgent action needed; use rainy day. Katia Terentyera said no time to waste; release rainy day fund. Anna Cwirko-Godycki stated to support flood free San Mateo; release rainy day fund. Alex Cwirko-Godycki needs critical down payment to start. Jeff Lamont commented on impacts from flooding on lives and requested $8.5 million from rainy day fund. JayKuhre declared water is the biggest threat to the city of SanMateo. SusanManheimer urged to please use the $8.5 million, don’t kick the can down the road. Kevin Simpson concerned with dam and the earthquake impact. RickSakudaexplained dredging would have brought us more time and urged open communication. Thomas Morgan stated his support. Chris H DocuSign Envelope ID: E4D0FEC7- CD99- 4568- BFD5- 96332D2AE080 City Council Regular Meeting Minutes – 8/21/2023 Page 6 6 1
6 5
saysreport seemsconflicting. Jonathon Lee stated need to be proactive for winter and seed efforts with city rainy day fund. TasoZografos supports rainy day fund but needs federal and state funding also. Karim Sarraf stated to release rainy day fund. Louise Duncalf support fixing the pump.
FinanceDirector RichLeeanswered questions and clarified the rainy day reserve funding and purpose. Council asked additional questions of staff and the consultant. Discussionamongst Council ensued around immediate, short-term and mid-term actions. Staff recommended a sequenced approach to actions, beginning with an appropriation of $3 million for short-term ( 6-12 months) and mid-term ( over one year and foundational to long- term) actions which would include $1.9 million from the General Fund from Vehicle LicenseFeeand $1.1 million from the rainy day reserve. Council concurred in staff’s recommendation.
City Manager Khojikian summarized that consensusof majority was to come back on September 5, 2023, for $3 million for items 1-7 in the short-term list and items 1-3 in the mid-term list immediately. Council directed to have one place on the website for the public to source to for further information.
Council recessedfrom 10:58 p.m. to 11:05 p.m.
29. Tobacco Retailer Permit Amendments – Ordinance Introduction Tricia Toomey, Police Department BusinessManager, provided a presentation on the need to update our code to match the County codes that strengthen language, reduce youth accessand incorporate best practices. Council asked questions of staff. Public Comment – Kevin Simpson stated to increase permit amounts and fines.
Motion to Introduce an Ordinance to amend SanMateo Municipal Code Chapter 7.41 "Tobacco Retailer Permit" to consolidate and clarify existing definitions and enact additional requirements for tobacco retailer permits. Motion passed5-0.
Moved: Loraine, Seconded: Hedges
Ayes: Lee, DiazNash, Hedges, Loraine, and Newsom
Noes: None
30. Drinking in Public Areas – Ordinance Introduction
Matthew Earnshaw, Police Lieutenant, provided a presentation outlining the need to update the City’s municipal code regarding drinking in public, specifically in public areas and private parking lots. Council asked questions of staff. There was no public comment.
Motion to Introduce an Ordinance to amend SanMateo Municipal Code Section 10.04.080 ”Drinking - Public Areas” and repeal Section 10.04.090 ”Drinking - Private Parking Lots.” Motion passed5-0.
Moved: Hedges, Seconded: Newsom
Ayes: Lee, DiazNash, Hedges, Loraine, and Newsom
Noes: None
PUBLICCOMMENT (continued)
Speakingin support of SB403: Kamaljeet, SanaQutubuddin, and Pooja Singh. Chris H commented that previous measures W and CCwere designed to add funding to maintain city servicesincluding storm protection.
REPORTSAND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Mayor requested SB403 letter of support from SanMateo. Unanimous support from Council to ask CORASpeakUp to work with economic development to roll out the speak up program to businesses.
DocuSign Envelope ID: E4D0FEC7- CD99- 4568- BFD5- 96332D2AE080 City Council Regular Meeting Minutes – 8/21/2023 Page 7 6 1
6 5
ADJOURNMENT – Adjourned in memory of Ethel Batiste, long term pillar in the community and NAACPboard member.
Firefighter Mike Ramsey, SanMateo Consolidated Fire Department, who lost his battle with a job-related illness on July 21, 2023 who will be deeply missed and with heart-felt sympathy for the wildfire tragedy that occurred in Maui. Following a moment of silence, the meeting adjourned at 12:11 a.m.
APPROVEDBY: SUBMITTEDBY:
Amourence Lee, Mayor Patrice Olds, City Clerk
DocuSign Envelope ID: E4D0FEC7- CD99- 4568- BFD5- 96332D2AE080