Meeting
CITY OF SAN MATEO
City Council Regular Meeting
July 17, 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 REMOTELY.
SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING. 

To join via Zoom – click here: July 17, 2023
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Webinar ID: 890 4225 7032      Passcode: 490260

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.

Parks and Recreation Month – Proclamation

2.

Neighborhood Watch Board of Directors – Recognition 

3.

National Disabilities Awareness Month – Proclamation

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.
 
4.

City Council Meeting Minutes – Approval

Approve the minutes of the special and regular meetings of June 20, 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).)

5.

Personnel Board and Park and Recreation Commission Subcommittees – Appointment Recommendations

Appoint Elizabeth DeWinter to the Personnel Board for a full first term through June 10, 2027, and place Stacie Nevares on an eligibility list for one year should another vacancy on the Personnel Board occur. Appoint Sandra Kiapi to the Park and Recreation Commission for a full first term through June 10, 2027, and place Regina Trapp, Peter Wicher, and Tatyana Shapiro on an eligibility list, in this order, for one year should another vacancy on the Park and Recreation Commission occur.

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.

Juvenile Diversion Program Case Management Services – Amendments

Adopt a Resolution to appropriate $68,585 to the Police Department's fiscal year 2023-2024 operating budget; approve Amendment No. 1 to the agreement with the YMCA for the Juvenile Diversion Program to incorporate bilingual case management services in the amount of $68,585; approve Amendment No. 5 to the agreement with the County of San Mateo to extend the term through June 30, 2025, and increase the reimbursement amount by $353,300 for a new total amount not to exceed $1,071,431 for the Juvenile Diversion Program; and authorize the Chief of Police to execute the amendments 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.)

7.

Public Safety Radio Communications Base Station Equipment – Agreement and Amendment

Adopt a Resolution to approve the use of an alternative purchasing method and authorize an appropriation of $25,155 to the Police Department’s operating budget; approve an agreement with Telecommunications Engineering Associates (TEA) in the amount of $519,337 for the purchase of new public safety radio communications base station equipment; approve Amendment No. 2 to a separate agreement with TEA for telecommunications maintenance management services in the amount of $125,777 for a new agreement total amount not to exceed $490,137; and authorize the Chief of Police to execute the agreement and amendment in substantially the form presented.

CEQA: The proposed agreements are exempt under the “common sense” exemption, CEQA Section 15061(b)(3), because it can be seen with certainty that purchase and maintenance of telecommunications equipment will not have a significant effect on the environment.

8.

Racial Equity Art Project – Agreement

Approve an agreement with Rafael Blanco for the Racial Equity Art Project to be painted on the Pedestrian Mall in the amount not to exceed $200,000 and authorize the City Manager to execute the agreement in substantially the form presented.

CEQA: This project is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15301 (existing facilities) because it consists of the repair, maintenance, and/or minor alteration of an existing public facility (B Street Pedestrian mall) with no expansion of use.

9.

Below Market Rental Rates, Sales Prices and Unit Community Priorities – 2023 Revisions

Adopt a Resolution to establish 2023 maximum rental rates and sales prices for affordable housing as required by the City of San Mateo's Below Market Rate (BMR) housing program; and establish Community Priority for units containing three or more bedrooms, which may allow a developer to provide fewer BMR units in exchange for units with more bedrooms as long as all other BMR program provisions are followed.

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.

3150 South Delaware Street, Bay Meadows Station 5 Public Improvements – Acceptance

Adopt a Resolution to accept public improvements in accordance with the October 19, 2020 Subdivision Improvement Agreement between the City of San Mateo and Bay Meadows Station 5 Investors, LLC for 3150 South Delaware Street, Bay Meadows Station 5.

CEQA: This acceptance of public improvements 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).) For the underlying, the City Council exercised its independent judgment certifying the Final EIR for the San Mateo Rail Corridor Plan & Bay Meadow Specific Plan Amendment on April 18, 2005 (with respect to the Corridor Plan) and November 7, 2005 (with respect to the Bay Meadows Specific Plan Amendment), and has adopted appropriate CEQA findings related to the Project Approvals. On September 25, 2018, the Planning Commission adopted Addendum #5 to that Final EIR for the Bay Meadows STA 1 and 5 Planning Application Modification (PA17-074).

11.

Basin E Sanitary Sewer Improvements Project – Agreement

Award an agreement to D’Arcy & Harty Construction, Inc. for the Basin E Sanitary Sewer Improvements Project in an amount not to exceed $6,486,711; establish a contingency reserve in the amount of $1,297,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency 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. 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.

12.

Citywide Street Rehabilitation Package 4-B Project – Agreement

Approve an agreement with G. Bortolotto & Company for the Citywide Street Rehabilitation Package 4-B Project in the amount of $2,984,056.50; establish a contingency reserve in the amount of $300,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the amount of 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 use. (CEQA Guidelines Section 15301.)

13.

Wastewater Treatment Plant Upgrade Engineering Services During Construction – Contingency Increase

Approve an increase in the contingency reserve by $1,100,000 for the agreement with HDR Engineering, Inc. for engineering services during construction for the Wastewater Treatment Plant Upgrade and Expansion Project for a total agreement amount of $13,143,427, and new total contingency amount of $3,344,000; and authorize the Public Works Director to execute amendments and change orders within the contingency amount.

CEQA: The City prepared a Final Programmatic Environmental Impact Report (Final PEIR) in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). The PEIR was certified by City Council on June 6, 2016. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for implementation of the Clean Water Program. The City prepared an Addendum to the Final PEIR that were 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 Addenda.

14.

Wastewater Treatment Plant Upgrade Construction Services – Contingency Increase

Approve a $9,000,000 increase to the City’s contingency budget for its contract with Sundt Construction, Inc. for construction of the Wastewater Treatment Plant Upgrade and Expansion Project, for a total available budget amount of $456,964,973; and authorize the Public Works Director to issue change orders within the contingency amount.

CEQA: The City prepared a Final Programmatic Environmental Impact Report (Final PEIR) in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). Council on June 6, 2016, 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.

15.

Wastewater Treatment Plant Supervisory Control and Data Acquisition Monitoring and Upgrade Project – Agreement

Adopt a Resolution to approve an alternative purchasing procedure and approve an agreement with Technology Management Professionals dba TMPros, LLC in the amount of $174,140 to monitor and maintain the Supervisory Control and Data Acquisition system at the Wastewater Treatment Plant, establish a contingency reserve of $21,000, and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders up to the contingency amount.

CEQA: This software technology support 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.

Community Development Department and Police Department – Job Specification Updates

Adopt a Resolution to approve the revisions to the job specifications for the classifications of Deputy Building Official and Dispatcher I-II.

CEQA: These job specification revisions are exempt from CEQA review because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

17.

Senior Catered Lunch Services Rendered for Fiscal Year 2022-2023 and Fiscal Years 2023-2026 – New Agreement and Amendment

Adopt a Resolution to approve an alternative purchasing method for services already rendered and approve an agreement in an amount not to exceed $21,455.38 with Corporate Cuisine, Inc. (“Corporate Cuisine”) for senior lunch services delivered during fiscal year 2022-23; approve Amendment No. 1 to the agreement approved on May 15, 2023, with Corporate Cuisine for fiscal years 2023-26 to include tax; and authorize the Park and Recreation Director to execute both documents in substantially the form presented.

CEQA: This 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).)

18.

East Hillsdale Park Professional Consultant Services Agreement – Amendment

Approve Amendment No. 1 to the agreement with Callander Associates Landscape Architecture to add compensation up to $232,624; establish a contingency reserve of $25,000 to the original agreement amount for additional services and optional Construction Management and related services, for a total not to exceed amount of $440,004; and authorize the Park and Recreation Director to execute the amendment in substantially the form presented.

CEQA: This amendment approval 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 use. (CEQA Guidelines Section 15301.)

19.

Bay Meadows Community Facilities District – Special Tax Levy for Fiscal Year 2023-24

Adopt a Resolution to authorize levy of special taxes for fiscal year 2023-24 for the Community Facilities District No. 2008-1 (Bay Meadows).

CEQA: This community facilities special district special tax 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).)

20.

Enterprise Resource Planning System Replacement – Amendment

Approve Amendment No. 2 to the agreement with Plante & Moran, PLLC for the purpose of a no-cost time extension through June 30, 2024; and authorize the City Manager to execute the Amendment No. 2 in substantially the form presented and issue future no-cost time extensions, if necessary.

CEQA: This agreement amendment 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.

Investment Advisory Services – Amendment

Approve Amendment No. 1 to the agreement with Chandler Asset Management for investment advisory services in an amount not to exceed $465,000 for Fiscal Years 2022-23 through 2024-25; extend the term of the agreement through June 30, 2025; and authorize the City Manager to execute Amendment No. 1 in substantially the form presented.

CEQA: This agreement amendment 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).)

22.

Intent to Initiate Proposition 218 Process for Stormwater Fee; Balloting Procedures and Fee Report – Approval

Adopt a Resolution to initiate a proceeding for the approval of a stormwater fee; adopt a Resolution approving ballot procedures; and approve the Stormwater Fee Report.

CEQA: This action 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).)

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.
 
PUBLIC HEARING
City Council action on the following public hearing(s) represents a final decision concluding all administrative proceedings. Judicial review may be had only if a petition is filed with the Court not later than the 90th day following the date the decision is made. Judicial review of environmental determinations may be subject to a time period for litigation as short as 30 days following the date the decision is made.
 
23.

Outdoor Dining Standards and Permits – Amendments

Adopt a Resolution to approve amendments to the standards for the various outdoor dining permit programs to allow for parklets to be constructed in the downtown pedestrian malls, amend the fee schedule to create a new fee for parklets in the pedestrian malls, and authorize the City Manager to make further minor administrative amendments to these program standards.

CEQA: In accordance with California Environmental Quality Act (CEQA) Guidelines, the amendments to the Outdoor Dining Parklet Program Standards and Permits are categorically exempted from CEQA under the category of ”existing facility” because it consists of a minor alternation to the operation of an existing City Street involving negligible or no expansion of the former use. (CEQA Guidelines Section 15301). The amendments to the Outdoor Dining Parklet Program Standards fee schedule to include permit fees for the parklets in the Pedestrian Mall is not a project subject to CEQA, because it is a government administrative 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).)

24.

Zoning Code Amendments for City Projects, Modifications to Planning Applications, and Height Limitations and Exemptions – Ordinance Introduction

Introduce 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).

25.

Municipal Code Amendments for New Development Parking Garage Security Requirements – Ordinance Introduction

Introduce 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).

26.

Concar Passage Mixed-Use Project - Vesting Tentative Map and Development Agreement Execution Extension Request – Ordinance Introduction

Adopt a Resolution to approve a two-year extension of an approved Vesting Tentative Map and all other associated planning application approvals and a modification of Condition of Approval #61; and introduce an Ordinance for 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, in accordance with Government Code Section 66452.6(e) and San Mateo Municipal Code Sections 26.48.135(b), 26.48.140(c), and 27.08.085(d).

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

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

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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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PUBLIC COMMENTS/REQUEST TO SPEAK
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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.