Agenda packet — Colma City Council, January 12, 2022

Page 1 of 3 ends

AGENDA

REGULAR MEETING

CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, January 12, 2022
Closed Session - 6:00 PM
Regular Session - 7:00 PM

The City Council meeting will be conducted virtually pursuant to the provisions of Assembly Bill 361 amending the Ralph M. Brown Act and Government Code Section 54953(e) (and without compliance with section 54953(b)(3)) related to conducting public meetings during the COVID-19 pandemic based on the current State of Emergency and the existing State recommendations on social distancing. The Council Chambers will not be open to the public for this City Council meeting.

Members of the public may view the meeting by attending, via telephone or computer, the Zoom Meeting listed below:

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Members of the public may provide written comments by email to the City Clerk at [email protected] before or during the meeting. Emailed comments should include the specific agenda item on which you are commenting or note that your comment concerns an item that is not on the agenda. The length of the emailed comment should be commensurate with the three minutes customarily allowed for verbal comments, which is approximately 250-300 words. Verbal comments will also be accepted during the meeting.

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CLOSED SESSION – 6:00 PM

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff
PLEDGE OF ALLEGIANCE AND ROLL CALL – 7:00 PM

REPORT FROM CLOSED SESSION

ADOPTION OF AGENDA

PRESENTATION
• Holiday House Decorating Award Recipients
• Peninsula Humane Society Update
• Introduction of New Recreation Coordinator Daisy Esquivas • Police Department Year in Review

PUBLIC COMMENTS
Comments on the Consent Calendar and Non-Agenda Items will be heard at this time. Comments on Agenda Items will be heard when the item is called.

CONSENT CALENDAR

2. Motion to Accept the Minutes from the December 2, 2021 Special Meeting.

3. Motion to Accept the Minutes from the December 7, 2021 Special Meeting.

4. Motion to Accept the Minutes from the December 8, 2021 Regular Meeting.

5. Motion to Approve Report of Checks Paid for December 2021.

6. Motion to Accept Informational Report on Recreation Department Programs, Activities, Events, and Trips for the Fourth Quarter of 2021.

7. Motion to Reconfirm Findings and Determinations Under Resolution No. 2021-33 and Assembly Bill 361 for the Continuation of Virtual Meetings.

8. a. Motion to Adopt a Resolution Directing Town Staff to Fly the National Flag of Israel at the Community Center in Lieu of the Town Flag on May 5, 2022 Until Sunset. b. Motion to Adopt Resolution Directing Town Staff to Fly Various Commemorative Flags in Lieu of the Town of Colma Flag at the Colma Community Center.

NEW BUSINESS

9. FOURTH AMENDMENT TO EMPLOYMENT CONTRACT FOR CITY MANAGER Consider: Motion to Adopt a Resolution Approving Fourth Amendment to Employment Contract With Brian Dossey.

STUDY SESSION

10. SANITARY SEWER ENTERPRISE FUND
This item is for discussion only; no action will be taken at this meeting.

Page 3 of 3 ends

REPORTS
Mayor/City Council
City Manager

ADJOURNMENT
The City Council Meeting Agenda Packet and supporting documents are available for review on the Town’s website www.colma.ca.gov or at Colma Town Hall, 1198 El Camino Real, Colma, CA. Persons interested in obtaining an agenda via e-mail should call Caitlin Corley, City Clerk at 650-997-8300 or email a request to [email protected].

Reasonable Accommodation
Upon request, this publication will be made available in appropriate alternative formats to persons with disabilities, as required by the Americans with Disabilities Act of 1990. Any person with a disability, who requires a modification or accommodation to view the agenda, should direct such a request to Pak Lin, ADA Coordinator, at 650-997-8300 or [email protected]. Please allow two business days for your request to be processed.

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff
This is a Closed Session item; there is no staff report for this item.

Item #1

Minutes – Special Meeting 12.02.21 Page 1 of 2

MINUTES

SPECIAL MEETING
City Council of the Town of Colma
Meeting Held Remotely via Zoom.us
Thursday, December 2, 2021
5:30 PM

PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Diana Colvin called the meeting to order at 5:31 p.m.

Council Present – Mayor Diana Colvin, Vice Mayor Helen Fisicaro, Council Members Raquel Gonzalez, Council Member Joanne F. del Rosario and John Irish Goodwin were all present.

Staff Present – City Manager Brian Dossey, City Attorney Christopher Diaz, Administrative Services Director Pak Lin, Chief of Police John Munsey, Police Commander Sherwin Lum, Director of Public Works Brad Donohue, City Planner Farhad Mortazavi, and City Clerk Caitlin Corley were in attendance.

The Mayor announced, “Welcome to another of our completely remote Council Meeting. As always, we are accepting public comments through email or the zoom chat function— you can email our City Clerk at [email protected] or use the chat function to let her know which item you would like to speak on. Please keep your comments to 3 minutes or less.

Thank you.”

ADOPTION OF THE AGENDA
Mayor Colvin asked if there were any changes to the agenda; none were requested. She asked for a motion to adopt the agenda.

A
ction: Vice Mayor Fisicaro moved to adopt the agenda; the motion was seconded by Council Member del Rosario and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Diana Colvin, Mayor 
Helen Fisicaro 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
5 0

NEW BUSINESS

1. PLEDGE OF $5,000 TO CRIME STOPPERS
City Manager Brian Dossey presented the staff report. Mayor Colvin opened the public comment period at 5:37 p.m. and seeing no one request to speak she closed the public c
omment period. Council discussion followed.

Action: Vice Mayor Fisicaro moved to Adopt a Resolution Pledging $5,000 to Crime Item #2
Minutes – Special Meeting 12.02.21 Page 2 of 2
Stoppers for Information Leading to the Capture and Conviction of the Person/s Responsible for the Crimes Against Retired Colma Police Sergeant Kevin Nishita and Making Public Purpose Findings; the motion was seconded by Council Member Goodwin and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Diana Colvin, Mayor 
Helen Fisicaro 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
5 0

ADJOURNMENT
Mayor Colvin adjourned the meeting at 5:40 p.m.

Respectfully submitted,

Caitlin Corley
City Clerk
Minutes – Special Meeting – 12.07.21 Page 1 of 3

MINUTES

SPECIAL MEETING
City Council of the Town of Colma
Meeting Held Remotely via Zoom.us
Tuesday, December 7, 2021
6:00 p.m.

ALL TO ORDER
Mayor Colvin called the Special Meeting of the City Council to order at 6:00 p.m.

Council Present – Mayor Diana Colvin, Vice Mayor Helen Fisicaro, Council Members Raquel Gonzalez, Joanne F. del Rosario and John Irish Goodwin were all present.

Staff Present – City Manager Brian Dossey, City Attorney Christopher Diaz, Chief of Police John Munsey, Administrative Services Director Pak Lin, Director of Public Works Brad Donohue, City Engineer Cyrus Kianpour, City Planner Farhad Mortazavi and City Clerk Caitlin Corley, were in attendance.

INTRODUCTIONS
Mayor Colvin welcomed the audience and acknowledged local dignitaries and elected officials in attendance:
• Kevin Mullin, California Assembly Member
• Dennis Fisicaro, Former Colma Mayor
• Mary Brodzin, Former Colma Council Member
• Maureen O’Connor, President of the Colma Historical Association • Felicia Leong, CEO of the Colma Daly City Chamber of Commerce • Alex Walker, Assemblymember Phil Ting’s Office

REMARKS BY OUT-GOING MAYOR
Mayor Colvin made remarks as the out-going Mayor. The City Council presented her with a proclamation, a gavel, flowers and a donation to the Colma Historical Association. They also presented her with a photobook of her representing the Town at various events this year, as a special thank you for serving during an especially difficult time.

T
he following people made remarks thanking Mayor Colvin for her service:
• Colma Historical Association President Maureen O’Connor • Felicia Leong, CEO of the Colma Daly City Chamber of Commerce • Alex Walker, representative from Assemblymember Phil Ting’s office • Dustin Chase, General Manager of Lucky Chances
• California Assemblymember Kevin Mullin

NOMINATION AND APPOINTMENT OF MAYOR
The Mayor called upon the Council for nominations for Mayor. Council Member Goodwin nominated Helen Fisicaro for Mayor, and the nomination was seconded by Council Member del Rosario. There were no other nominations, and Mayor Colvin closed the nominations for Mayor and called for a vote.

A
ction: Council Member Goodwin moved to select Helen Fisicaro as Mayor, and the motion was seconded by Council Member del Rosario and carried by the following vote:

Item #3

Minutes – Special Meeting – 12.07.21 Page 2 of 3
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Diana Colvin, Mayor 
Helen Fisicaro 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
5 0

ADMINISTRATION OF THE OATH OF OFFICE TO NEW MAYOR
Assemblymember Kevin Mullin administered the Oath of Office to the new Mayor Helen Fisicaro.

Outgoing Mayor Diana Colvin announced that the Council sent flowers to Mayor Fisicaro’s home to celebrate her new term as Mayor. Mayor Fisicaro introduced her guests and gave her remarks as the in-coming Mayor.

NOMINATION AND APPOINTMENT OF VICE MAYOR
Mayor Fisicaro called upon the Council to make nominations for Vice Mayor. Council Member del Rosario nominated Raquel Gonzalez for Vice Mayor, and the nomination was seconded by Council Member Colvin. There were no other nominations, and Mayor Fisicaro closed the nominations for Vice Mayor and called for a vote.

Action: Council Member del Rosario moved to select Raquel Gonzalez as Vice Mayor, and the motion was seconded by Council Member Colvin and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
5 0

ADMINISTRATION OF THE OATH OF OFFICE TO VICE MAYOR
Ken Gonzalez administered the Oath of Office to the new Vice Mayor Raquel Gonzalez. Vice Mayor Gonzalez introduced her guests and gave her remarks as the in-coming Vice Mayor.

SIGNING OF THE VALUES BASED CODE OF CONDUCT
Mayor Fisicaro announced, “In 2009, the City Council adopted the Values Based Code of Conduct to promote and maintain the highest standards of personal and professional conduct in the Town’s government. Last year, Council and staff participated in a team building exercise and worked together to revise and update the pledge. The newly updated Code of Conduct includes the longstanding values of fairness, honesty and integrity, responsibility, vision and respect, and focuses on practical ways to live up to these values while highlighting the importance of trust, communication, collaboration and compassion.

Minutes – Special Meeting – 12.07.21 Page 3 of 3
Council will now sign this pledge. Town Staff will also sign it and it will be posted on our website as a reminder of our commitment to the public and to each other.”

The Mayor and each member of Council signed the pledge.

ADJOURNMENT AND CLOSE IN MEMORY
Mayor Fisicaro announced, “It is with great sadness that we close tonight’s meeting in memory of retired Colma Police Sergeant Kevin Nishita.

Last month, Kevin was providing security as an armed guard for a media crew working on a story in Oakland. The media crew was confronted by armed suspects and Kevin was struck by gunfire.

Kevin came to the Colma Police Department in February 2012 and served in Colma until his retirement in 2018. He was a remarkable police officer and a very active member of the Colma community, both on and off duty.

Kevin was the recipient of numerous awards and commendations, including the 2018 Chief’s Award, which is given annually to an employee who “embodies a high moral character and demonstrates exemplary performance in all areas of police work, sworn and non-sworn alike, and more importantly, demonstrates our core values and strives to help the community in which he or she serves. This employee gives more of him or herself than asked, and often makes sacrifices to benefit the greater good, without expectation of acknowledgment.

Kevin was a son, a husband, father, a grandfather, a co-worker, and a friend. He will be dearly missed.”
Mayor Fisicaro adjourned the Special Meeting at 6:54 p.m. and thanked everyone for attending.

Respectfully submitted,

Caitlin Corley
City Clerk

Minutes – Regular Meeting 12.08.21 Page 1 of 7

MINUTES

REGULAR MEETING
City Council of the Town of Colma
Meeting Held Remotely via Zoom.us
Wednesday, December 8, 2021
Closed Session - 6:00 PM
Regular Session - 7:00 PM
CLOSED SESSION – 6:00 PM

1. In Closed Session Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiators.

Agency Negotiator: Mayor
Unrepresented Employees: City Manager
PLEDGE OF ALLEGIANCE AND ROLL CALL – 7:00 PM
Mayor Helen Fisicaro called the meeting to order at 7:02 p.m.

Council Present –Mayor Helen Fisicaro, Vice Mayor Raquel Gonzalez, Council Members Joanne F. del Rosario, John Irish Goodwin and Diana Colvin were all present.

Staff Present – City Manager Brian Dossey, City Attorney Christopher Diaz, Administrative Services Director Pak Lin, Chief of Police John Munsey, Director of Public Works Brad Donohue, City Planner Farhad Mortazavi, and City Clerk Caitlin Corley were in attendance.

Thank you.”

REPORT FROM CLOSED SESSION
Mayor Fisicaro announced, “There was no reportable action at the end of tonight’s closed session.”

ADOPTION OF THE AGENDA
Mayor Fisicaro asked if there were any changes to the agenda; none were requested. She asked for a motion to adopt the agenda.

A
ction: Council Member Colvin moved to adopt the agenda; the motion was seconded by Council Member del Rosario and carried by the following vote:

Item #4
Minutes – Regular Meeting 12.08.21 Page 2 of 7
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
5 0

PUBLIC COMMENTS
Mayor Fisicaro opened the public comment period at 7:03 p.m. Resident Laura Walsh requested that Council consider raising the Israeli flag in recognition of Israeli Independence Day. The Mayor closed the public comment period at 7:05 p.m.

CONSENT CALENDAR

2. Motion to Accept the Minutes from the November 10, 2021 Special Meeting.

3. Motion to Accept the Minutes from the November 10, 2021 Regular Meeting.

4. Motion to Approve Report of Checks Paid for November 2021.

5. Motion to Reconfirm Findings and Determinations Under Resolution No. 2021-33 and Assembly Bill 361 for the Continuation of Virtual Meetings.

6. Motion Approving and Accepting the Development Impact Fee Report for Fiscal Year Ending June 30, 2021.

7. Motion Accepting the Fiscal Year 2020-21 Annual Investment Report Through June 30, 2021.

8. Motion to Adopt a Resolution Amending Colma Administrative Code Subchapter 1.15, Relating to an Environmentally Preferable & Recovered Waste Organic Product Procurement Policy.

Action: Council Member del Rosario moved to approve the consent calendar items #2 through 8; the motion was seconded by Council Member Goodwin and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
5 0
Minutes – Regular Meeting 12.08.21 Page 3 of 7

NEW BUSINESS

9. MEMORANDUMS OF UNDERSTANDING AND COST OF LIVING INCREASES City Manager Brian Dossey presented the staff report. Mayor Fisicaro opened the public c
omment period at 7:16 p.m. and seeing no one request to speak she closed the public c
omment period. Council discussion followed.

Action: Council Member Goodwin moved to Adopt a Resolution Approving Memorandum of U
nderstanding Between the Town of Colma and the Colma Peace Officers Association for the Period of December 26, 2021 to June 30, 2024; the motion was seconded by Vice Mayor Gonzalez and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
5 0
A
ction: Council Member del Rosario moved to Adopt a Resolution Approving Memorandum of Understanding Between the Town of Colma and the Colma Police Communication/Records Association for the Period of December 26, 2021 to June 30, 2024; the motion was seconded by Council Member Colvin and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
5 0
A
ction: Council Member del Rosario moved to Adopt a Resolution Approving Cost of Living Salary Increases for Certain Unrepresented Employees and Modifying the Town’s Salary Schedule; the motion was seconded by Council Member Colvin and carried by the following vote:

Minutes – Regular Meeting 12.08.21 Page 4 of 7
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
5 0

Action: Vice Mayor Gonzalez moved to Adopt a Resolution Amending Colma Administrative Code Subchapter 3.01 Through 3.05, and Subchapter 4.04, Relating to Various Employment- Related Policies and Financial Management; the motion was seconded by Council Member Colvin and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
5 0

10. COUNCIL OF CITIES AND CITY SELECTION COMMITTEE
City Clerk Caitlin Corley presented the staff report. Mayor Fisicaro opened the public comment period at 7:22 p.m. and seeing no one request to speak, the mayor closed the public comment period. Council discussion followed.

Action: Council Member Colvin moved to Confirm Designation of the Mayor as the Voting Member for the Council of Cities, Designating the Alternate Voting Member as the Vice Mayor and Each Council Member in Order of Seniority, and Giving the Voting Member Discretion on any and all Matters to be Considered; the motion was seconded by Vice Mayor Gonzalez and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
5 0

Minutes – Regular Meeting 12.08.21 Page 5 of 7

11. CITY COUNCIL COMMITTEE ASSIGNMENTS FOR 2022
City Clerk Caitlin Corley presented the staff report. Mayor Fisicaro opened the public comment period at 7:25 p.m. and seeing no one come forward to speak, she closed the public comment period. Council discussion followed. Below is the list of 2022 Committee Assignments that the Council discussed and agreed on:

Committee Name Primary Secondary
Association of Bay Area Governments (ABAG)
(GENERAL ASSEMBLY MEETS TWICE PER YEAR APRIL
& OCTOBER)
del Rosario Gonzalez
California Cities Gaming Authority
(MEETS 3RD WEDNESDAY, 10:00AM) Fisicaro Gonzalez
City/County Association of Governments (C/CAG)
(MEETS 2ND THURSDAY OF THE MONTH, 7:00PM) Goodwin Colvin C/CAG Legislative Committee
(MEETS 2ND THURSDAYS AT 5:00PM) Goodwin
Colma Creek Flood District
(MEETS QUARTERLY, 2ND TUESDAY @ 3:00PM IN

MARCH, JUNE, SEPTEMBER AND DECEMBER AT CITY

HALL, SOUTH SAN FRANCISCO)
Fisicaro
Emergency Services Council
(MEETS QUARTERLY, 3RD THURSDAY at 5:30PM IN

JANUARY, APRIL, JUNE & SEPTEMBER, AT THE HALL

OF JUSTICE, JURY ASSEMBLY ROOM IN REDWOOD
CITY)
Colvin del Rosario
Peninsula Clean Energy Board of Directors
(MEETS 4TH THURSDAY, 6:30PM AT THE COUNTY

OFFICE OF EDUCATION BUILDING IN REDWOOD
CITY)
Gonzalez del Rosario
Peninsula Traffic Congestion Relief Alliance -
“Commute.org” Board of Directors
(6 X A YEAR, THURSDAY MORNINGS)
Gonzalez Colvin
San Francisco International Airport Community
Roundtable
(MEETS 1ST WEDNESDAY, 7:00PM AT MILLBRAE CITY
HALL)
Goodwin del Rosario
San Mateo County Council of Cities
(MONTHLY DINNER AND MEETING) Fisicaro Gonzalez

Action: Council Member Goodwin moved to Approve Committee Assignments for 2022 and Grant to the Appointee Discretion in Voting on Matters Brought Before the Committee; the motion was seconded by Council Member Colvin and carried by the following vote:

Minutes – Regular Meeting 12.08.21 Page 6 of 7
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
5 0

12. 2024 GENERAL PLAN UPDATE – DRAFT ENVIRONMENTAL IMPACT REPORT City Planner Farhad Mortazavi presented the staff report. Mayor Fisicaro opened the public comment period at 7:42 p.m. and seeing no one come forward to speak, she closed the public comment period. Council discussion followed.

This item was for discussion only; no action was taken at this meeting.

COUNCIL CALENDARING
The Regular Meeting on Wednesday, December 22, 2021 will be cancelled.

The next Regular Meeting will be on Wednesday, January 12, 2022 at 7:00pm and it will be held remotely.

REPORTS
City Manager Brian Dossey gave an update on the following topics:
 The Breakfast with Santa event and Stuff the Cruiser toy drive were held on December 4 and were great successes.
 The Town received $1.8 million Measure W grant for El Camino Real Bicycle and Pedestrian Improvement Project.
 The Council of Cities Dinner will be held on December 17 at the Colma Fire House.  Candy Cane Day will be on Saturday, December 18. Colma Fire and Colma Police will be collecting toys and handing out candy canes throughout Town.

ADJOURNMENT AND CLOSE IN MEMORY
Mayor Fisicaro adjourned the meeting at 8:07 p.m. in memory of Patricia Hatfield, beloved longtime resident and Colma Historian. Pat played an essential role in establishing the Colma Historical Association, as one of it’s co-founders and president for over 20 years.

Even after her retirement as president, Pat was an active member of the CHA and a docent at the museum for several years. She was devoted to preserving the history of Colma and making the fascinating and important story of Colma available, not just to our community, but to the whole world. Pat would happily speak with anyone who wanted to learn more about our interesting little Town, she appeared in many news articles and shows, and was a producer of the Town’s own 90
th Anniversary documentary. Pat was very active in the
recreation department and a fixture at Council Meetings for many years. She truly loved Minutes – Regular Meeting 12.08.21 Page 7 of 7
this Town and spent her life making it better. Her passing is a great loss for Colma and she will be deeply missed.

R
espectfully submitted,
Cai
tlin Corley
City Clerk

Item #5

Staff Report – Recreation Program Quarterly Review, October - December 2021 Page 1 of 3

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Angelika Abellana, Recreation Manager
VIA: Brian Dossey, City Manager
MEETING DATE: January 12, 2022
SUBJECT: Recreation Quarterly Review, October - December 2021

RECOMMENDATION
Staff recommends that the City Council adopt:

MOTION TO ACCEPT INFORMATIONAL REPORT ON RECREATION DEPARTMENT PROGRAMS, ACTIVITIES, EVENTS, AND TRIPS FOR THE FOURTH QUARTER OF 2021.

EXECUTIVE SUMMARY
In the fourth quarter of 2021, a total of 1,797 participants attended 41 programs. This represents an increase of 543 participants from the fourth quarter of 2020. Staff attributes the increase to the outdoor Halloween & Holiday Events and modified Day Camps. While staff realizes these numbers do not reflect traditional recreation services programming, however it is important to demonstrate the continued service to the community during the COVID-19 pandemic.

St
aff estimates that 29 percent of the population had a current Colma I.D. during the fourth quarter of 2021.

T
here was a total of 48 rentals which is a increase of 47 rentals from the fourth quarter of 2020.

Due to COVID-19 pandemic and unforeseen variants, the Recreation Department had to reevaluate and modify its regular programs. Staff provided new programs which align with health recommendations and guidelines such as virtual Armchair Travel and Breakfast and Bingo to enhance socialization between adults and older adults. Staff provided Ladies Social and Friday Films in person to enhance socialization of older adults who may not have electronic devices and internet access.

For the youth population, staff was able to provide Holiday programs such as our Pumpkin Carving Party, Trunk or Treat, and a grab and go Breakfast with Santa event at limited numbers.

Item #6
Staff Report – Recreation Program Quarterly Review, October - December 2021 Page 2 of 3 As we move into the Spring, staff plans to offer more programming depending on the status of of the pandemic.

BACKGROUND
Participation
The Recreation Services Department offered programs, activities, events and trips for all age groups during the past quarter. Below is a summary of participation levels by demographic:
● A total of 116 adults and seniors participated in enrichment programs. This represents an increase of 49 participants from the fourth quarter of 2020. Staff attributes the increase in participation due to restarting our contracted fitness classes, and offering two in person programs (Ladies Social and Friday Films). ● A
total of 145 adults and seniors participated in trips and events. This represents a d
ecrease of 45 participants from the fourth quarter of 2020. Staff attributes the decrease in participation due to the cancellation of the Adult Holiday event, Holiday Se
nior Luncheon and all in-house programs per COVID-19.
● A total of 143 youth and teens participated in Enrichment Programs. This represents an increase of 22 participants from the fourth quarter of 2020. Staff attributes the increase due to safely restarting modified programs such as After School Program Fall and Winter Camp in person.
● A
total of 425 youths and teens participated in events and trips. This represents an increase of 304 participants from the fourth quarter of 2020. Staff attributes the increase to safely increasing allotted participation and the addition of the Trunk or Treat event.
● A total of 968 youth, adults and seniors participated in Community Programs. This represents an increase of 146 participants from the fourth quarter of 2020. Staff a
ttributes the increase due to outdoor programs such as Cinema at the Cemetery, Día D
e Los Muertos Celebration and Holiday Tree Lighting.

T
he attachment contains a detailed breakdown of participation by program.

Rental Activity
The Colma Community Center was rented for 36 different events:
• Resident Rentals (19 social events and 1 funeral reception) • Non-Resident Rentals (2 funeral receptions and 1 social event) • Non-Resident Non-profit Groups (1 program)
• In House Reservations (12 events/programs)
T
he Sterling Park Recreation Center was rented for 14 different events:
• Sterling Park Resident Rentals (14 social events)

ATTACHMENTS
Staff Report – Recreation Program Quarterly Review, October - December 2021 Page 3 of 3 A. 2021 Recreation Services Department Quarterly Review – Participation Detail

Page 1 of 2 ends

Recreation Services Department Quarterly Review
October - December 2021
Participation Detail
Adult/Senior Enrichment Programs
Program Registered Sessions New or Existing
Program
Arm Chair Travel 6 1 Existing
Boot Camp Fitness 5 1 Existing
Creekside Crafts 31 1 Existing
Dragon Boat for Beginners Cancelled 1 Existing
First Aid & CPR Training Cancelled 1 Existing
Friday Films 12 1 Existing
Happy Chair Yoga 8 1 Existing
Ladies Social 14 1 Existing
Mixtiso Yoga 9 1 NEW
Tae Kwon Do 2 1 Existing
Virtual Breakfast and Bingo 20 1 Existing
Zumba Toning 9 1 Existing
A
dult & Senior Trips & Events
Program Registered Sessions New or Existing
Program
Adult Holiday Party Cancelled 1 Existing
Senior Luncheon Deliveries 136 3 Existing
Wine and Canvas (to go) 9 1 NEW
Youth & Teen Enrichment Programs
Program Registered Sessions New or Existing
Program
Duo Dance 5 1 Existing
Fall Camp 15 1 Existing
Kid’s Club After School Program 54 7 Existing
Kumon Math Tutoring 18 3 Existing
Kumon Reading Tutoring 15 3 Existing
Open Teen Center Cancelled 1 Existing
PNO to GO Cancelled 1 Existing
Winter Day Camp 36 1 Existing
Y
outh and Teen Events & Trips
Program Registered Sessions New or Existing
Program
Dessert and Arts & Crafts Cancelled 1 Existing
Holiday Breakfast with Santa (to go) 67 4 Existing
Ice Skating at Union Square Cancelled 1 NEW
Letters to Santa 15 1 Existing
Open Teen Center Cancelled 1 Existing
Pumpkin Carving Party 42 1 Existing
San Francisco Giants Game – Teen
Trip
Cancelled 1 NEW
Attachment A

Page 2 of 2 ends

Trunk or Treat 301 1 NEW
C
ommunity Programs
Program Registered Sessions New or Existing
Program
Cinema at the Cemetery 350 1 Existing
CAPE 8 1 Existing
Dia de los Muertos 200 1 Existing
Food Pantry Delivery Program 108 1 Existing
Halloween House Decorating Contest 23 1 Existing
Holiday Craft Night 61 1 Existing
Holiday House Decorating Contest 63 1 Existing
Holiday Pet Photos Cancelled 1 Existing
Holiday Tree Lighting 100 1 Existing
Parol Lantern Workshop at Home 25 1 Existing
Veterans Village ID Day 30 1 NEW
Staff Report Motion to Reconfirm Findings Under Resolution No. 2021-33 and AB 361 Page 1 of 3

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Christopher J. Diaz, City Attorney
VIA: Brian Dossey, City Manager
MEETING DATE: January 12, 2022
SUBJECT: Motion to Reconfirm Findings and Determinations Under Resolution No. 2021-33 and Assembly Bill 361 for the Continuation of Virtual Meetings

RECOMMENDATION
Staff recommends that the City Council make the following motion:

MOTION TO RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 2021-33 AND ASSEMBLY BILL 361 FOR THE CONTINUATION OF VIRTUAL MEETINGS

EXECUTIVE SUMMARY
On March 17, 2020, in the face of the COVID -19 pandemic, Governor Gavin Newsom issued Executive Order N -29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely teleph onically or by other electronic means.

The provisions in the Brown Act that were suspended by the Governor’s Executive Order are contained at Government Code Section 54953(b)(3) and require that when teleconferencing is used, outside of a statewide emergency, that the following occur:
• An agenda is required to be posted at all locations, including any teleconference locations • Each teleconference location must be identified on the actual agenda • Each teleconference location shall be accessible to the public • A quorum of the legislative body must be in the jurisdiction With the Governor’s Executive Order, the four above requirements were suspended allowing councilmembers to not have to post an agenda at their teleconference location, not have to identify their location on the meeting agenda, not have to ensure public accessibility at the teleconference location, and the legislative body did not need a quorum in the jurisdiction. As the Item #7
Staff Report Motion to Reconfirm Findings Under Resolution No. 2021-33 and AB 361 Page 2 of 3 City Council is well aware, this allowed City Council meetings to be conducted by Zoom with councilmembers, staff, and the public, all joining from remote virtual locations.

The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N-08-21 which continued to allow for complete virtual meetings until September 30, 2021.

With the expiration of the Governor’s Executive Order along with the uncertainty that surrounded the Governor’s potential recall, the State Legislature also took the remote meeting issue into its own hands through the adoption of Assembly Bill 361, which is explained more in depth in the Analysis section below.

On October 13, 2021 the City Council adopted Resolution No.2021-33 making findings under AB 361 that state or local officials continue to recommend social distancing measures to prevent the spread of COVID -19 and including reference in particular to Cal -OSHA regulation 3205, which recommends physical distancing in the workplace. By motion and majority vote, the City Council may renew the findings of Resolution No. 2021-33 to continue to hold virtual meetings pursuant to AB 361.

ANALYSIS
On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either:
(1) state or local officials have imposed or recommended measures to promote social distancing; or
(
2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.

The Governor by executive order signed on September 20, 2021, suspended the effective date of AB 361 to October 1, 2021. As a result, if the City desires to have virtual meetings on or after October 1, 2021, it must do so consistent with the requirements of AB 361.

AB 361 preserves many of the provisions of the earlier executive orders, including the suspension of the four teleconferencing requirements noted above, while also adding new requirements to the management of rem ote and teleconference public meetings in order to better achieve the levels of transparency that the Brown Act demands. Specifically, AB 361 imposes two new rules on remote public meetings:

1. Local governments and agencies hosting teleconference meetings in lieu of traditional in- person public meetings must permit direct public comment during the teleconference, and must leave open the opportunity for public comment until the comment period for a given item is closed during the ordinary course of the meeting. The opportunity to make public comment must be of a sufficient duration so as to allow actual public participation.

2. Any action by the governing body during a public teleconference meeting must occur while the agency is actively and successfully broadcasting to members of the public through a call-in option or an internet -based service option. If a technical disruption within the Staff Report Motion to Reconfirm Findings Under Resolution No. 2021-33 and AB 361 Page 3 of 3 agency’s control prevents members of the public from either viewing the meeting of the public agency, or prevents members of the public from offering public comment, the agency must cease all action on the meeting agenda until the disruption ends and the broadcast is restored. Action taken during an agency-caused disruption may be challenged as a violation of the Brown Act.

In order to continue to qualify for AB 361’s waiver of in-person meeting requirements, the City Council must, within thirty (30) days of its first meeting under AB 361, and every thirty (30) days thereafter, make findings that (a) state or local officials continue to recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees.

The above conditions continue to exist at this time, and staff recommends the City Council by motion reconfirm the findings and determinations made in Resolution No. 2021-33 so that the City Council may continue to meet virtually under AB 361.

Lastly, it is important to note that AB 361 is option al. If the City Council wishes, it may meet in person. In addition, hybrid meetings are permissible where Council attends in person and the public attends remotely via Zoom.

FISCAL IMPACT
The City Council’s motion to continue with virtual meetings will maintain the status quo and no financial impact is anticipated.

ENVIRONMENTAL ISSUES
The City Council’s approval of a motion to reconfirm findings does not constitute a project under the California Environmental Quality Act (CEQA) Guideline 15378(b)(5) as it constitutes an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment. Further, virtual meetings are likely to reduce certain impacts associated with vehicular travel related to in-person public meetings.

RECOMMENDATION
Move to reconfirm the findings and determinations made in Resolution No. 2021- 33 and under Assembly Bill 361 for the continuation of virtual meetings.

Staff Report re: Commemorative Flag Schedule 2022 Page 1 of 3

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Caitlin Corley, City Clerk
VIA: Brian Dossey, City Manager
MEETING DATE: January 13, 2021
SUBJECT: Israeli Flag Raising and Commemorative Flag Schedule 2022 R

ECOMMENDATION
Staff recommends that the City Council adopt:

RESOLUTION DIRECTING TOWN STAFF TO FLY THE NATIONAL FLAG OF ISRAEL AT THE COMMUNITY CENTER IN LIEU OF THE TOWN FLAG ON MAY 5, 2022 UNTIL SUNSET
RE

SOLUTION DIRECTING TOWN STAFF TO FLY VARIOUS COMMEMORATIVE FLAGS IN

LIEU OF THE TOWN OF COLMA FLAG AT THE COLMA COMMUNITY CENTER E

XECUTIVE SUMMARY
O
n June 26, 2019, the City Council of the Town of Colma adopted a new flag policy , codified as Subchapter 1.18 of the Colma Administrative Code, which states that Council may by resolution direct Town staff to fly commemorative flags in lieu of the Town of Colma flag on the flagpole located at Town Hall or at the Colma Community Center, as an expression of the Town's official sentiments, consistent with the Town's vision, mission, and guiding principles, incorporating themes of diversity, equity, social justice, and inclusion. Commemorative flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than 30 continuous days.

T
he first proposed resolution would authorize the flying of the National Flag of Israel , at the Colma Community Center in lieu of the Town of Colma Flag on May 5, 2022 until sundown.

T
he second proposed resolution would authorize the commemorative flag schedule of 2022, which includes the flying of the three commemorative flags that the City Council has previou sly authorized, the Philippine Flag, the LGBT/Pride Flag, and the Italian Flag , as well as the Israeli Flag, should it be approved.

Item #8
Staff Report re: Commemorative Flag Schedule 2022 Page 2 of 3

FISCAL IMPACT
The proposed resolution would have minimal fiscal impacts ; the cost of any new flags could be absorbed into the existing budget.

ANALYSIS
When the policy was adopted, staff indicated that for expediency, rather than approve each commemorative flag individually each year, the schedule of various commemorative flags could be adopted in each year in January.

Council has previously discussed and approved the flying of three commemorative flags. On June 26, 2019, Council approved a resolution to fly the LGBT/Pride Commemorative flag in recognition of June being Pride Month. On September 25, 2019, Council approved a resolution to fly the Italian flag in recognition of October being Italian Heritage and Culture Month. On June 24, 2020, Council approved a resolution to fly the Philippine flag in recognition of Philippine Independence Day on June 12.

Israeli Flag

At the December 8, 2021 Council Meeting, Council requested that staff bring back a proposed resolution that would authorize the flying of the Israeli Flag in recognition of Israeli Independence Day on May 5
th.

Independence Day is founded on the declaration of the establishment of the State of Israel b y the Jewish leadership headed by future Prime Minister David Ben -Gurion on 14 May 1948.

Recognizing this event offers our community an opportunity to honor and celebrate the rich heritage and contributions of our Jewish and Israeli American residents. The Town of Colma has strong ties to the Jewish community; several of our oldest businesses are Jewish cemeteries. Hills of Eternity, Home of Peace and Salem Cemeteries were all established in 1889, and Eternal Home Cemetery was established in 1901.

Israeli Flag protocol does not allow the flag to be flown after sunset except in special circumstances. For this reason, staff is proposing that the Israeli Flag will be flown only on May 5th at the Colma Community Center in lieu of the Town of Colma flag and removed at sunset.

By adopting the first proposed resolution, Council could choose to recognize its Jewish community through the flying of the National Flag of Israel. This would be an expression of one of the Town's guiding principles of celebrating diversity, through celebrating its Jewish community, and recognizing the lasting and important cultural impact the community has had on the Town.

Proposed Schedule

The second proposed resolution would authorize the commemorative flag schedule of 2022, which includes the flying of the three commemorative flags previously approved, as well as the newly proposed Israeli Flag, should it be approved.

To simplify the schedule, staff is proposing that commemorative flags, with the previously noted exception of the Israeli Flag, be flown for one week at the Colma Community Center in lieu of the Staff Report re: Commemorative Flag Schedule 2022 Page 3 of 3 Town of Colma flag, beginning on the date of a Council Meeting, to allow for a ceremonial flag raising if Council wishes.

T
he resolution directs staff to fly the following flags on the following dates:

Commemorative Flag Occasion Duration
Israeli Flag Israeli Independence Day May 5, 2022 until sundown Philippine Flag Philippine Independence Day June 8, 2022 to June 15, 2022 LGBT/Pride Flag Pride Month June 22, 2022 to June 29, 2022 Italian Flag Italian Heritage and Culture
Month
October 12, 2022 to October 19, 2022
T
his resolution does not prohibit Council from flying additional commemorative flags throughout the year. Per the policy, to allow the flying of a commemorative flag, any single Council Member may make a request to the City Manager to allow for the Council to consider the flying of the commemorative flag. The Council would then discuss the issue at a Council Meeting and decide whether to authorize the flying of the commemorative flag. If additional flags are considered and approved, they would be added to the commemorative flag schedule that would be approved for the following year.

A
lternatives
The City Council could choose not to approve the flying of the National Flag of Israel and instead approve the commemorative flag schedule without it.

The City Council could also choose not to approve a commemorative flag schedule, and instead approve each flag individually throughout the year. Staff does not recommend this, however, as a single schedule approval is a more efficient use of Council and staff time.

CONCLUSION
The City Council should adopt the proposed resolutions authorizing the flying of commemorative flags in 2022.

ATTACHMENTS
A. Re
solution Directing Town Staff to Fly the National Flag of Israel B. Resolution Directing Town Staff to Fly Various Commemorative Flags Throughout 2022.

Res. 2022-__, Israeli Independence Day Flag Raising Page 1 of 2 RESOLUTION NO. 2022-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA

RESOLUTION DIRECTING TOWN STAFF TO FLY THE NATIONAL FLAG OF ISRAEL AT THE COMMUNITY CENTER IN LIEU OF THE TOWN FLAG on MAY 5, 2022 UNTIL SUNSET, IN HONOR OF ISRAELI INDEPENDENCE DAY The City Council of the Town of Colma hereby resolves:

3. Effective Date.
(a) This resolution shall take effect immediately upon adoption. //
//
//
Attachment A
Res. 2022-__, Israeli Independence Day Flag Raising Page 2 of 2 Certification of Adoption
I certify that the foregoing Resolution No. 2022-__ was adopted at a regular meeting of said City Council held on January 12, 2022 by the following vote:

Name Voting Present, Not Voting Absent
Ay e No Abstain Not Participating
Helen Fisicaro, Mayor
Raquel Gonzalez
Joanne F. del Rosario
John Irish Goodwin, Mayor
Diana Colvin
Voting Tally
D
ated ______________________ ___________________________________ Helen Fisicaro, Mayor
At
test: ____________________________
Caitlin Corley, City Clerk
Res. 2022-__, Commemorative Flag Schedule 2022 Page 1 of 3 RESOLUTION NO. 2022-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA

RESOLUTION DIRECTING TOWN STAFF TO FLY VARIOUS COMMEMORATIVE FLAGS

IN LIEU OF THE TOWN OF COLMA FLAG AT THE COLMA COMMUNITY CENTER The City Council of the Town of Colma hereby resolves:

1. Recitals and Background.
(a) On June 26, 2019, the City Council of the Town of Colma adopted a new flag policy codified at Subchapter 1.18 of the Colma Administrative Code to memorialize the fact that the Town’s flag poles are a nonpublic forum.
(b) Pursuant to Subchapter 1.18 of the Colma Administrative Code, Council may by resolution direct Town staff to fly commemorative flags in lieu of the Town of Colma flag on the flag pole located at Town Hall or at the Colma Community Center, as an expression of the Town's official sentiments, consistent with the Town's vision, mission, and guiding principles, incorporating themes of diversity, equity, social justice, and inclusion. Commemorative Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than 30 continuous days. (c) The Council has previously approved the flying of three commemorative flags. On June 26, 2019, the City Council approved a resolution to fly the LGBT/Pride Commemorative flag in recognition of Pride Month ; on September 25, 2019, the City Council approved a resolution to fly the Italian flag in recognition of Italian Heritage a nd Culture Month. On June 24, 2020, the City Council approved a resolution to fly the Philippine flag in recognition of Philippine Independence Day.
(d) On January 12, 2022, prior to the adoption of this resolution, the City Council will consider a resolution to fly the Israeli flag in recognition of Israeli Independence Day. Should that resolution be approved, the flying of the Israeli flag will be incorporated into this flag schedule.
(d) The flying of these commemorative flags is an expression of one of the Town's guiding principles of celebrating diversity; as such, the Town intends to fly these commemorative flags again in 2022.
(e) In honor of Israeli Independence Day on May 5, 2022 , the Town intends to fly the Israeli flag in lieu of the Town of Colma Flag at the Colma Community Center on May 5, 2022 until sunset.
(f) In honor of Philippine Independence Day on June 12, 2021, the Town intends to fly the Philippine flag in lieu of the Town of Colma Flag at the Colma Community Center from June 9, 2021 to June 16, 2021.
(g) In honor of June as Pride Month, the Town intends to fly the LGBT/pride flag in lieu of the Town of Colma Flag at the Colma Community Center from June 23, 2021 to June 30, 2021.

Attachment B
Res. 2022-__, Commemorative Flag Schedule 2022 Page 2 of 3 (h) In honor of October as Italian Heritage and Culture Month, the Town intends to fly the Italian flag in lieu of the Town of Colma Flag at the Colma Community Center from October 1 3, 2020 to October 20, 2020.

2. Order.
(a) The City Council has considered the full record before and finds the recitals set forth above true and correct and hereby incorporates them by reference. (b) Pursuant to Subchapter 1.18 of the Colma Administrative Code, the City Council hereby directs staff to fly:
(i) the Israeli flag in lieu of the Town of Colma Flag at the Colma Community Center on May 5, 2022 until sunset;
(ii) the Philippine flag in lieu of the Town of Colma Flag at the Colma Community Center from June 8, 2022 to June 15, 2022;
(iii) the LGBT/pride flag in lieu of the Town of Colma Flag at the Colma Community Center from June 22, 2022 to June 29, 2022; and
(iv) fly the Italian flag in lieu of the Town of Colma Flag at the Colma Community Center from October 12, 2022 to October 19, 2022.

3. Effective Date.
(a) This resolution shall take effect immediately upon adoption.

Certification of Adoption
I certify that the foregoing Resolution No. 2022-__ was adopted at a regular meeting of said City Council held on January 12, 2022 by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor
Raquel Gonzalez
Joanne F. del Rosario
John Irish Goodwin, Mayor
Diana Colvin
Voting Tally

Dated ______________________ ___________________________________ Helen Fisicaro, Mayor
Res. 2022-__, Commemorative Flag Schedule 2022 Page 3 of 3

Attest: ____________________________
Caitlin Corley, City Clerk

Staff Report Fourth Amendment to Employment Contract with Brian Dossey Page 1 of 2

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Christopher J. Diaz, City Attorney
MEETING DATE: January 12, 2022
SUBJECT: Fourth Amendment to Employment Contract for City Manager R

ECOMMENDATION
Staff recommends that the City Council adopt the following resolution:

RESOLUTION APPROVING FOURTH AMENDMENT TO EMPLOYMENT CONTRACT WITH

BRIAN DOSSEY

EXECUTIVE SUMMARY
In June and December of 2020, City employees received two separate 2% cost of living pay raises, for a total of a 4% salary increase. At that time, the City Manager did not receive the same cost of living increases and the City Manager has also foregone any merit based increases since 2019 based on the economic uncertainty surrounding the pandemic. An increase of 4% to the City Manager’s base salary, for a new base salary of $232,419.20 per year, is therefore consistent with the cost of living increases provided to all other employees of the Town in June and December of 2020.

The City Council and City Manager have discussed and agreed to a contract modification to the existing employment agreement to address this increase in base salary. As provided for in the fourth amendment to the employment agreement, the base salary will increase from roughly $223,394.52 to $232,419.20.

FISCAL IMPACT
The City Council’s adoption of the resolution and execution of this Fourth Amendment will cause a slight financial impact to the Tow n based on the payment of a higher salary to the City Manager. This increase has been factored into the 2021/2022 budget.

BACKGROUND
On December 1 8, 201 7, the City Council entered into an employment contract with Brian Dossey to serve as the Town’s City Manager. On July 25, 2018, the City Council entered into a First Amendment to the employment contract to increase the base salary of the City Manager.

On May 22, 2019, the City Council entered into a Second Amendment to the employment contract to increase the base salary of the City Manager. On December 29, 2019, the City Item #9
Staff Report Fourth Amendment to Employment Contract with Brian Dossey Page 2 of 2 Council entered into a Third Amendment to the employment contract to further increase the salary of the City Manager. The City Council is now seeking to amend the City Manager’s employment contract a fourth time to increase his base salary.

ANALYSIS
Under the terms of the Fourth Amendment, which modifies section 4(a) “Salary and Benefits” of the City Manager’s employment contract, the City Manager’s salary will increase from the current $223,394.52 per year to $232,419.20 per year, a total increase of $9,024.65.

This change in salary is consistent with the 4% cost of living increases provided to all other City employees in June and December of 2020.

All other terms and conditions of the employment contract would remain unchanged.

Values
Approval of the Fourth Amendment to the City Manager’s employment contract is a responsible action because the Council has already directed this modification to the contract and this amendment will formalize that direction.

Alternatives
The City Council could choose not to adopt the resolution and choose not to execute the Fourth Amendment to the City Manager’s employment contract. Doing so is not recommended as the City Council has already directed this modification to the contract as a result of contract negotiations.

CONCLUSION
The Ci ty Council should adopt the resolution approving the Fourth Amendment to the employment contract with Mr. Dossey.

ATTACHMENTS
A. Resolution
B. Fourth Amendment
C. Third Amendment
D. Second Amendment
E. First Amendment
F. Original Employment Contract
Res. 2021-__, Fourth Amendment to Employment Contract with Brian Dossey Page 1 of 2 RESOLUTION NO.

OF THE CITY COUNCIL OF THE TOWN OF COLMA
RE

SOLUTION APPROVING FOURTH AMENDMENT TO

EMPLOYMENT CONTRACT WITH BRIAN DOSSEY
The City Council of the Town of Colma does hereby resolve as follows:

1. Background
(a) On December 18, 2018, the City Council entered into an employment contract with Brian Dossey to serve as the Town’s City Manager.
(b) On July 25, 2018, the City Council entered into a First Amendment to the employment contract to increase the base salary of the City Manager. (c) On May 22, 2019, the City Council entered into a Second Amendment to the employment contract to increase the base salary of the City Manager. (d) On December 29, 2019, the City Council entered into a Third Amendment to the employment contract to increase the base salary of the City Manager. (e) The City Council now seeks to amend the City Manager’s contract to address an increase in his base salary by 4%, subject to approval of an amendment to the employment contract.

Such increase shall be effective January 12, 2021.

2. Order
(a) The Fourth Amendment to the employment contract between the Town of Colma and Brian Dossey, a copy of which is on file with the City Clerk, shall be and hereby is approved by the City Council of the Town of Colma.
(b) The Mayor shall be, and hereby is, authorized to execute this Fourth Amendment on behalf of the Town of Colma, with such technical amendments as may be deemed appropriate by the Mayor and the City Attorney.
//
//
//
//
//
//
//
Attachment A
Res. 2021-__, Fourth Amendment to Employment Contract with Brian Dossey Page 2 of 2 Certification of Adoption
I certify that the foregoing Resolution No. was duly adopted at a regular meeting of said City Council held on January 12, 2022 by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor
Diana Colvin
John Irish Goodwin
Raquel “Rae” Gonzalez
Joanne F. del Rosario
Voting Tally

Dated ______________________ ___________________________________ Helen Fisicaro, Mayor

Attest: ____________________________
Caitlin Corley, City Clerk

Fourth Amendment to Employment Contract with Brian Dossey Page 1 of 2

FOURTH AMENDMENT TO

EMPLOYMENT CONTRACT WITH BRIAN DOSSEY
This Fourth Amendment is made and entered into by and between the Town of Colma, a municipal corporation and general law city (“Employer”), and Brian Dossey (“Employee”), who are sometimes individually referred to as a "Party" and collectively as "Parties" in this Fourth Amendment. For reference purposes, this Fourth Amendment is dated January 12, 2022.

1. Recitals. This Fourth Amendment is made with reference to the following facts:
(a) On December 1 8, 201 7, Employer and Employee entered into an Employment Contract (“Contract”) for Employee to serve as City Manager. (b) On July 25, 2018, the City Council entered into a First Amendment to the Contract to increase the base salary of the City Manager. (c) On May 22, 2019, the City Council entered into a Second Amendment to the Contract to increase the base salary of the City Manager. (d) On December 29, 2019, the City Council entered into a Third Amendment to the Contract to further increase the base salary of the City Manager. (e) Employer and Employee now desire to enter into this Fourth Amendment to increase Employee’s base salary by 4% consistent with the cost of living increases provided to all other employees of the Town in June and December of 2020.

OW, THEREFORE, BASED ON THE MUTUAL PROMISES AND CONSIDERATION S

CONTAINED IN THIS FOURTH AMENDMENT AND THE CONTRACT , THE PARTIES HEREBY AGREE AS FOLLOWS:

2. Subsection (a) of Section 4, “Salary and Benefits,” of the Contract is hereby modified as follows:
(a)
Salary. Employer shall pay Employee a salary of $232,419.20 per year, or such greater amount as may hereafter be approved by the City Council, which shall be subject to all appropriate deductions and withholdings, and which shall be paid at the same time and in the same manner as salaries are usually paid to Miscellaneous Employees of the Town.
/
/
/
/
Attachment B
Fourth Amendment to Employment Contract with Brian Dossey Page 2 of 2 Execution. In Witness thereof, the parties hereto have signed this Fourth Amendment on the respective dates shown below and this Fourth Amendment and the Contract c onstitutes the entire Agreement between the Parties.

Dated: ___________________ _________________________________ Brian Dossey, Employee

Dated: __________________ TOWN OF COLMA (Employer)

By _______________________________
Helen Fisicaro, Mayor
Attachment C

Attachment D

Attachment E

Attachment F

Sanitary Sewer Enterprise Fund – Study Session Page 1 of 3 January 12, 2022

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works
Cyrus Kianpour, City Engineer
VIA: Brian Dossey, City Manager
MEETING DATE: January 12, 2022
SUBJECT: Sanitary Sewer Enterprise Fund Study Session

RECOMMENDATION
The main purpose of the Study Session is to provide preliminary analysis data and rate scenarios for City Council consideration with regards to shifting the true cost of the maintenance, operation, and capital improvement needs of the Town’s annual sewer system currently funded from the general fund to the rate payers. No City Council action will take place at this meeting, however, the Sewer Rate Consultant will be presenting preliminary rate analysis and scenarios for discussion and will be seeking comments, questions, and feedback from the City Council during the study session for further refinement of the Sewer Rate scenarios.

XECUTIVE SUMMARY
St
aff has presented in previous Study Sessions with City Council the potential expansion of the sewer enterprise fund that would address “developing revenue strategies” discussed at this year’s Towns Strategic Plan study session held in February. The main goal of the sewer enterprise expansion is to limit General fund expenses and liabilities by allowing for cost recovery of sewer treatment, conveyance, and maintenance through sewer fees.

ISCAL IMPACT
None

BACKGROUND
The Town’s sewer system is comprised of two “Basins.” One basin flows to the South San Francisco District, (SSF) and the other basin flows to NSMCSD, (Daly City). Current sewer service charges are calculated based on the water consumption from each property owner and the Town assesses charges based on the rates that are invoiced to us by each SSF or NSMCSD per the respective agreements with each agency. The Town recovers these costs by assessing each property owner annual sewer charges on the property tax rolls.

Item #10
Sanitary Sewer Enterprise Fund – Study Session Page 2 of 3 January 12, 2022
Currently, the associated cost of sewer administration including calculating the charges, publishing the Engineer Report, conducting Prop 218 when required and responding to inquiries from the public regarding charges and disputes utilize funds that are transferred from the General Fund. In addition, approximately $75,000 that is expended for system repairs, video, cleaning, State, County annual fees and miscellaneous charges are paid for by fund transfers from the General Fund. Finally, Sewer CIP projects are also currently funded through the General Fund.

At the July 14, 2021 meeting, the City Council authorized staff to release a Request for Proposal for Professional Consulting Services to Prepare a Sewer Service Rate Study for the Town of Colma. The sewer service rate study is intended to provide the City Council and the public information and findings based on the analysis of the existing water consumption data and revenue requirements from both SSF and NSMCSD. Staff included the following work tasks under the Request for Proposal for the Sewer Rate Study:

• Review existing rate structures for SSF and NSMCSD (Daly City) • Review revenue requirements for Administration, O&M and CIP • Review data and develop Connection Fee options
• Evaluate citywide versus per basin rate options
• Develop rate alternatives for single family, commercial, and industrial customers • Develop multi-year implementation schedule options
• Compare rates with neighboring communities
• Conduct study sessions with City Council
• Participate in the development of Public Outreach Plan • Assist in the Prop 218 process

Staff received two responsive proposals from two well-respected Sewer Rate Study Consultants familiar with agencies in the South Bay and the Peninsula. Town staff reviewed both proposal and invited both firms to interview for the project. After further evaluation, the Town entered into a Professional Services Agreement with Bartle Wells as the Sewer Rate Study Consultant who will be tasked with providing analysis and development of the rate scenarios for City Council review and consideration.

ANALYSIS
At the November 8, 2021 Kickoff Meeting, Town staff and Bartle Wells set the following key Rate Study Goals for the Rate Study:
• Fund sewer collection system expenses via a new sewer enterprise • Develop rates designed to recover the cost of service:
• Annual operating & maintenance expenses
• Costs for administration & management
• Capital improvements & costs for replacement of aging facilities • Review existing sewer rate structures and actual billings for South San Francisco and NSMCSD (Daly City).
• Develop rate alternatives for single family, commercial, and industrial customers with multi-year implementation options.

Sanitary Sewer Enterprise Fund – Study Session Page 3 of 3 January 12, 2022
• Develop a sewer system capacity charge to recover the costs of infrastructure benefitting new development
F
ollowing the Kickoff Meeting, Town staff provided the preliminary information needs as requested by the consultant for them to begin their initial analysis of the data available.

At the December 13, 2021 Sewer Rate Study Progress Meeting, Bartle Wells presented the initial analysis findings for discussion with Staff. The Consultant prepared the following three (3) Collection System Only Rate Scenarios that would address the approximately annual $250,000 cost recovery of the collection system O&M and CIP:
 Sc
enario 1: $3.80/unit “Collection System Surcharge” volumetric rate. $3.80/month minimum charge.
 Scenario 2: $20.95 fixed monthly charge per meter equivalent collection system s
urcharge.
 Scenario 3: Fixed charge per meter equivalent for SSF & volumetric charge per unit for Daly City (aligned with current rate structure for residential customers) The Consultant also developed two (2) Alternative Combined Treatment Scenarios for discussion and feedback:
 Sc
enario 4: Fixed charges
 Scenario 5: Volumetric charge with minimum charge
CO

NCLUSION
Staff is seeking questions, comments, and suggestions based on the Sewer Rate Study Presentation. No formal action is needed at this time.

Colma City CouncilJanuary 12, 2022

Colma City Council
January 12, 2022