Meeting
CITY OF SAN MATEO
City Council Regular Meeting
July 15, 2024
7:00 PM


City Hall Council Chamber 330 W. 20th Avenue San Mateo CA 94403
Entrance is on O’Farrell Street
COUNCIL MEMBERS
Lisa Diaz Nash, Mayor
Rob Newsom Jr., Deputy Mayor
Rich Hedges
Amourence Lee
Adam Loraine

 
REVISED 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 15, 2024
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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. 

Agenda Item #26 was revised on Friday, July 12, 2024 to include additional materials. 
CALL TO ORDER
Pledge of Allegiance
Roll Call
AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances


CEREMONIAL

1.

Park and Recreation Month – Proclamation

2.

Wildland Fire Prevention – Informational Update

3.

Disability Pride 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 following minutes: the special and regular meetings of May 6, 2024, May 20, 2024, and June 3, 2024; and the special meeting minutes of May 22, 2024, and May 30, 2024.

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.

Columbia/Crystal Springs Storm Drain Improvements – Agreement

Approve an agreement with W. R. Forde Associates, Inc. for the Columbia/Crystal Springs Storm Drain Improvements in the amount of $728,654; establish a contingency reserve in the amount of $146,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and 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.)

6.

Construction Special Inspection Services for the Clean Water Program – Amendment

Approve Amendment No. 3 to the professional services agreement with Smith Emery San Francisco to provide as-needed construction special inspection services for various Clean Water Program projects; increase the compensation for the agreement by $500,000, for a revised total agreement amount of $3,100,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue project-specific task orders under the agreement.

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 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 Addenda 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

7.

Citywide Street Rehabilitation Package 5-B - Agreement

Approve an agreement with G. Bortolotto & Company, Inc. for Citywide Street Rehabilitation Package 5-B Project in the amount of $4,314,516.30; establish a contingency reserve in the amount of $648,000.00; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and 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.)

8.

Citywide Street Reconstruction Phase 4 – Contingency Increase

Approve a contingency reserve increase in the amount of $2,500,000 for the construction agreement with McGuire and Hester for the Citywide Street Reconstruction Phase 4 Project, for a total revised contingency reserve of $3,130,000; and authorize the Public Works Director to 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.)

9.

Lakeshore Park Restroom Remodel – Budget Transfer and Construction Contract

Adopt a Resolution authorizing a budget transfer in the Capital Projects Fund from the Phase IV Park Restroom Remodel Project to the Phase V Park Restroom Remodel Project in an amount of $105,000; approve an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. for the Lakeshore Park Restroom Remodel in the amount of $495,331.23; establish a contingency reserve in the amount of $75,000; 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.)

10.

Public Works Facilities Program Manager - Professional Services Agreement

Approve an agreement to ArcPath Project Delivery, Inc. to provide professional program management services to the Public Works Facilities Division for Fiscal Year 2024-25 in the amount of $150,000; and authorize the Public Works Director to execute the contract in substantially the form presented.

CEQA: This City Council action is exempt from CEQA under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the approval of an agreement for professional project management services may have a significant effect on the environment. (CEQA Guidelines Section 15061.)

11.

King Recreation Center - New Fire Alarm System – Change Order

Approve Contract Change Order No. 2 to the construction contract with Newton Construction & Management, Inc. in the amount of $173,353.48, to install a new roof top unit at the King Recreation Center, increasing the total contract amount to $405,762.74; and authorize the Public Works Director to execute the change order in substantially the form presented.

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.)

12.

Beresford Recreation Center Accessible Entrance – Construction Contract

Adopt a Resolution approving an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. in the amount of $796,199.73 to construct the Beresford Recreation Center ADA Entry Project; establish a contingency reserve in the amount of $50,000; 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.)

13.

2nd and El Camino Garage Improvements Phase 1 – Change Order

Approve Contract Change Order No. 1 to the construction contract with Angeles Contractor, Inc. in the amount of $754,783.85, for a revised not-to-exceed contract amount of $1,446,693.80; increase the contingency reserve amount by $75,000, for a revised total contingency reserve of $180,000; and authorize the Public Works Director execute Change Order No. 1 in substantially the form presented and issue additional 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.)

14.

Transportation Development Act Article 3 - Grant Acceptance and Budget Appropriation

Adopt a Resolution to accept a Transportation Development Act Article 3 grant award from the Metropolitan Transportation Commission in the amount of $253,800 and to appropriate the grant funding and $28,200 in Measure A funds as local match to the San Mateo Caltrain Station North Access Improvement Project; and authorize the City Manager to execute all required grant documents in substantially the form presented.

CEQA: This grant acceptance 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).)

15.

Wastewater Treatment Plant Upgrade Construction Services – Contingency Increase

Approve an increase in the amount of $14,650,000 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 revised total contingency of $40,920,000; 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.

16.

Integrated Supervisory Control and Data Acquisition System Maintenance and Improvement – Change Order

Approve Contract Change Order No. 3 with Enterprise Automation, LLC for upgrading and maintaining the City’s Supervisory Control and Data Acquisition system in an amount not to exceed $151,523, for a revised total contract amount not to exceed $350,679; extend the term of the contract through July 31, 2025; and authorize the Public Works Director to execute the change order in substantially the form presented and additional change orders within the existing contingency reserve including no-cost time extensions.

CEQA: This Council action is exempt from CEQA in that it can be seen with certainty that there is no possibility this activity will have a significant effect on the environment, because this activity relates to software technology support and improvements without any necessary physical changes that may impact the environment. (CEQA Guidelines Section 15061(b)(3).)

17.

Young Tree Watering Services – Agreement

Approve a two-year agreement for Young Tree Watering with West Coast Arborist, Inc. in an amount not to exceed $260,000, and authorize three, one-year extensions of up to $130,000 per year, for a total amount not to exceed $650,000; and authorize the Parks and Recreation Director to execute the agreement in substantially the form presented.

CEQA: This agreement 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.)

18.

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

Approve Contract Change Order No. 2 with Technology Management Professionals dba TMPros, LLC in the amount of $154,404 to monitor and maintain the Supervisory Control and Data Acquisition Network at the Wastewater Treatment Plant for Fiscal Year 2024-2025, for a total revised contract amount of $328,544; extend the term of the contract to July 31, 2025; and authorize the Public Works Director to execute the change order in substantially the form presented.

CEQA: This Council action is exempt from CEQA in that it can be seen with certainty that there is no possibility this activity will have a significant effect on the environment, because this activity relates to software technology support and improvements without any necessary physical changes that may impact the environment. (CEQA Guidelines Section 15061(b)(3).)

19.

Bay Meadows Community Facilities District – Special Tax Levy for Fiscal Year 2024-25

Adopt a Resolution to authorize the levy of special taxes for Fiscal Year 2024-25 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.

Below Market Rental Rates, Sales Prices and Unit Community Priorities – 2024 Revisions

Adopt a Resolution to establish 2024 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 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.)

21.

Kroger Opioid Settlement – Agreement

Approve the City’s participation in a no-cost opioid settlement agreement with Kroger, and authorize the City Attorney to execute documents confirming the City’s participation, directing the City’s share of settlement funds be provided to the City of San Mateo, and redirecting previously approved settlement funds back to the City of San Mateo.

CEQA: This proposed 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).)

22.

City Manager’s Office and Police Department – Classification Updates

Adopt a Resolution to 1) reallocate the vacant Communications and Public Relations Analyst to create a new classification Communications and Engagement Coordinator I-II in the City Manager's Office; 2) approve the job specification for the classification of Communications and Engagement Coordinator I-II; 3) set the salary range for Communications and Engagement Coordinator I to match the salary range of Management Analyst I, and the salary range for Communications and Engagement Coordinator II to match the salary range of Management Analyst II; 4) consolidate the existing Dispatcher I-II flexibly-staff classification to create a new classification Dispatcher in the Police Department; 5) approve the job specification for the classification of Dispatcher; and 6) set the salary range for the classification of Dispatcher to match the Dispatcher II.

CEQA: These classification updates are not subject to CEQA, because they will not cause a physical change in the environment. (CEQA Guidelines Section 15378(b)(4).)

23.

By-Right Housing Opportunity Overlay District – Zoning Code and Map Amendments – Ordinance Adoption

Adopt an Ordinance amending San Mateo Municipal Code Title 27 Zoning, to add Chapter 27.94, Housing Opportunities Overlay District (H), which would allow certain types of housing projects by-right on specified parcels, and amending the San Mateo Zoning Map to establish the “H” overlay on 39 parcels; and Adopt a separate Ordinance reclassifying the zoning for 200 S. Fremont Street from R4-D to R4-D/H; and find that the ordinances are exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15183 (Projects Consistent With A Community Plan, General Plan, or Zoning).

CEQA: This ordinance adoption 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).)

24.

1528 S. El Camino Real - Zoning Map Amendment – Ordinance Adoption

Adopt an Ordinance to approve a Zoning Map Amendment to rezone a portion of the site at 1528 El Camino Real from R3 to C2-1/R4.

CEQA: This ordinance adoption 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).)

25.

Transportation Fund for Clean Air – Grant Application

Adopt a Resolution to approve an application to the City/County Association of Governments of San Mateo County’s Transportation Fund for Clean Air Grant funding to replace a diesel street sweeper with a battery electric street sweeper for an estimated total cost of $900,000, inclusive of a 60% (or $540,000) grant amount and a 40% (or $360,000) City local match; and, if awarded, appropriate the grant funds to the Solid Waste Fund; and authorize the City Manager to execute all required grant documents.

CEQA: Adoption of a resolution approving a grant application is not a project subject to CEQA, because it is an administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) In addition, the submission of a grant application including local matching funds 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).)

26.

San Mateo City Employees’ Association - Memorandum of Understanding Changes

Adopt a Resolution to amend the Memorandum of Understanding with the San Mateo City Employees’ Association for a term through June 19, 2027 and to appropriate funds in the amount of $500,000 for the Fiscal Year 2024-25 Budget.

CEQA: This Memorandum of Understanding 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).)

27.

Park and Recreation Commission Appointment Subcommittee – Appointment Recommendation

Appoint Sabrina Ocampo to the Park and Recreation Commission for a partial term through June 10, 2025 and place John Medina on an eligibility list for six months, should another vacancy on the commission occur.

CEQA: This appointment recommendation 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).)

28.

City Council and Boards and Commission Rules and Procedures – Update

Approve the amendments to the City Council Rules and Procedures and the Boards and Commissions Rules and Procedures to reflect the direction provided by City Council on the revised “Council Member Conduct” chapter.

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).)

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.
 
29.

Potential Ballot Measure – Consideration of Placing a Land Use Measure on the November 2024 Ballot

Adopt a resolution placing a measure on the November 2024 ballot to seek voter approval of: (1) the General Plan Land Use Element that focuses growth primarily in the downtown and near transit, and that maintains existing height, density, and intensity limits in other neighborhoods consistent with Measure Y; (2) continued requirements for voter approval of changes to height, density, and intensity, or floor area ratio (“FAR”) limits, through 2030 consistent with Measure Y; and (3) maintain Measure Y limits in the majority of the City while repealing the text of Measure Y to allow for full implementation of General Plan 2040; introduce the ordinance containing the measure; and authorize an ad hoc subcommittee of the City Council to prepare an argument in favor of the measure, and a rebuttal argument, to be submitted to the City Clerk.

CEQA: On March 18, 2024, the City Council certified an Environmental Impact Report (“EIR”) for the San Mateo General Plan 2040 that analyzed new development and growth around the City through 2040. In accordance with California Environmental Quality Act (“CEQA”) Guidelines Section 15162, the proposed ballot measure (“Project”) is exempt from further environmental review because it is consistent with General Plan 2040 for which an EIR was certified.

30.

619 W. 39th Avenue - Appeal of a Third Story Addition to an Existing Two-story Single-Family Residence (PA-2023-017)

Adopt a Resolution to deny the appeal of the Zoning Administrator and Planning Commission decisions to approve a Single-Family Dwelling Design Review (SFDDR) for a 438 square-foot third story addition to an existing two-story single-family residence at 619 W. 39th Avenue, based on the Findings for Approval and subject to the Conditions of Approval.

CEQA: Staff has determined that the project is categorically exempt from further review under the California Environmental Quality Act (CEQA) under Class 1 Section 15301(e) Additions to Existing Structures in that the project will not result in an increase of more than 10,000 square-feet, is in an area where all public services and facilities are available to allow for maximum development permissible in the General plan, and is not located in an environmentally sensitive area.

NEW BUSINESS

31.

Update Preliminary Application Review and Design Review Requirements for New Development Projects

Adopt Resolutions to (1) repeal Resolution No. 69 (2020) and adopt an Early Community Engagement Process for Development Projects, including changes to a mandatory Planning Commission study session requirement and simplification of the noticing and neighborhood meeting procedures for all planning applications, and (2) repeal Resolution No. 67 (1996) Design Review Process for Certain Development Projects; and find that the policy updates are exempt from the California Environmental Quality Act pursuant to Guidelines Section 15378(b)(2).

CEQA: Amending the citywide planning process for pre-applications and changing the design review requirements is an administrative activity and not a project, in accordance with CEQA Guidelines section 15378(b)(2).

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
Prior to the Meeting 
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During the meeting
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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.