A
GENDA
REGULAR MEETING
CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, April 13, 2022
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.
M
embers of the public may view the meeting by attending, via telephone or computer, the Zoom Meeting listed below:
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Find your local number: https://us02web.zoom.us/u/kco5bgxkcc 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.
PLEDGE OF ALLEGIANCE AND ROLL CALL
ADOPTION OF AGENDA
PRESENTATION
• Proclamation in recognition of Arbor Day
• Proclamation in recognition of National Poetry Month
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
1. Motion to Accept the Minutes from the March 23, 2022 Regular Meeting.
2. Motion to Accept the Minutes from the April 5, 2022 Special Meeting.
3. Motion to Approve Report of Checks Paid for March 2022.
4. Motion to Adopt an Ordinance Amending Chapter 4, Business Activities, and Chapter 5, Planning, Zoning, Use & Development of Land & Improvements of the Colma Municipal Code Relating to Family Day Care Homes (second reading).
5. Motion to Reconfirm Findings and Determinations Under Resolution No. 2021-33 and Assembly Bill 361 for the Continuation of Virtual Meetings.
6. Motion to Accept Informational Report on Recreation Department Programs, Activities, Events, and Trips for the First Quarter of 2022.
PUBLIC HEARING
7. ORDINANCE RESTRICTING PET ACCESS TO PUBLIC PLAYGROUND EQUIPMENT Consider: Motion to Introduce and Waive Further Reading of an Ordinance Amending Chapter 2.07, Prohibited Activities at Parks and Recreational Facilities, of the Colma Municipal Code Relating to Restricting Pet Access to Public Playground Equipment.
STUDY SESSION
8. FY 2022-23 BUDGET
This item is for discussion only; no action will be taken at this meeting.
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.
Minutes – Regular Meeting 03.23.22 Page 1 of 4
MINUTES
REGULAR MEETING
City Council of the Town of Colma
Meeting Held Remotely via Zoom.us
Wednesday, March 23, 2022
7:00 PM
PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Helen Fisicaro called the meeting to order at 7:00 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.
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 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 del Rosario moved to adopt the agenda; 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
PRESENTATION
Laura Walsh, Town Representative on the San Mateo County Mosquito and Vector Control District Board of Trustees introduced a presentation by District Lab Manager Angie Nakano on recent District happenings.
Item #1
Minutes – Regular Meeting 03.23.22 Page 2 of 4
PUBLIC COMMENTS
Mayor Fisicaro opened the public comment period at 7:19 p.m. and seeing no one come forward to speak, she closed the public comment period.
CONSENT CALENDAR
1. Motion to Accept the Minutes from the March 9, 2022 Regular Meeting.
2. Motion Accepting the Fiscal Year 2021-22 Annual Investment Report through December 31, 2021.
3. Motion Approving Bid Document Package, Authorizing Staff to Solicit Informal Bids for the F Street Pavement Rehabilitation Project, and Authorizing the City Manager to Approve Changes to the Bid Package as Needed or Required.
4. Motion Accepting the 2021 Annual Report on the Implementation of the General Plan, Including the Housing Element.
Action: Council Member Goodwin moved to approve the consent calendar items #1 through #4; 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
PUBLIC HEARING
5. 2040 GNERAL PLAN UPDATE ADOPTION AND EIR CERTIFICATION City Planner Farhad Mortazavi presented the staff report. Mayor Fisicaro opened the public hearing at 7:36 p.m. and seeing no one request to speak she closed the public hearing.
Council discussion followed.
Action: Council Member Goodwin moved to Adopt a Resolution of the City Council of the Town of Colma Adopting Environmental Findings Pursuant to the California Environmental Quality Act, Certifying the Environmental Impact Report (SCH #2020069005) for the Town of Colma 2040 General Plan Update, Adopting a Statement of Overriding Considerations, Adopting the Mitigation Monitoring and Reporting Program, and Adopting the Town of Colma 2040 General Plan Update; the motion was seconded by Council Member del Rosario and carried by the following vote:
Minutes – Regular Meeting 03.23.22 Page 3 of 4
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
6. FAMILY DAY CARE HOME ORDINANCE
Deputy City Attorney Anne Branham presented the staff report. Mayor Fisicaro opened the public hearing at 7:48 p.m. and seeing no one request to speak she closed the public hearing. Council discussion followed.
Action: Council Member Goodwin moved to Introduce and Waive Further Reading of an Ordinance Amending Chapter 4, Business Activities, and Chapter 5, Planning, Zoning, Use & Development of Land & Improvements of the Colma Municipal Code Relating to Family Day Care Homes; 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
COUNCIL CALENDARING
The next City Council Meeting will be on Wednesday, April 13, 2022 at 7:00 p.m.
REPORTS
Mayor Fisicaro reported that she would be attending the 100th Anniversary Celebration of Jefferson High School on Saturday, March 26, 2022.
City Manager Brian Dossey gave an update on the following topics:
There will be two community meetings on the possible new sewer service charges on April 5, 2022 at 12:30pm and 6pm via Zoom. Notices will be sent out to all residents and property owners.
Assemblymembers Ting and Mullin will be hosting a coffee break to meet with constituents on April 8, 2022 in the Town Hall Lobby.
Minutes – Regular Meeting 03.23.22 Page 4 of 4
ADJOURNMENT
Mayor Fisicaro adjourned the meeting at 7:58 p.m. in memory of Chris Wilcoxen, husband of Talia Serefidden, manager at the Colma Starbucks.
Respectfully submitted,
Caitlin Corley
City Clerk
Minutes – Special Meeting 04.05.22 Page 1 of 1
MINUTES
SPECIAL MEETING
City Council of the Town of Colma
Meeting Held Remotely via Zoom.us
Thursday, April 5, 2022
12:30 PM
PROPOSED NEW SEWER COLLECTION SYSTEM CHARGES
City Manager Brian Dossey opened the Community Meeting at 12:41 p.m.
Council Present – Mayor Helen Fisicaro, Vice Mayor Raquel Gonzalez and Council Members Joanne F. del Rosario, John Irish Goodwin and Diana Colvin were all present.
Staff Present – City Manager Brian Dossey, Director of Public Works Brad Donohue, and City Clerk Caitlin Corley were in attendance.
City Manager Brian Dossey and Doug Dove of Bartle Wells made the presentation on the Proposed New Sewer Collection System Charges. City Manager Brian Dossey asked if there were any questions at 1:02 p.m. Resident Maureen O’Connor asked a question.
The meeting was adjourned at 1:12 p.m.
Re
spectfully submitted,
Cait
lin Corley
City Clerk
Item #2
Item #3
Ord.___ Family Daycare Homes (Introduced 3/23/22) Page 1 of 4 ORDINANCE NO. ___
OF THE CITY COUNCIL OF THE TOWN OF COLMA
AN
ORDINANCE AMENDING CHAPTER 4, BUSINESS ACTIVITIES, AND CHAPTER 5,
PLANNING, ZONING, USE & DEVELOPMENT OF LAND & IMPROVEMENTS OF THE
COLMA MUNICIPAL CODE RELATING TO FAMILY DAY CARE HOMES
The City Council of the Town of Colma does ordain as follows:
ARTICLE 1. FINDINGS, PURPOSE AND AUTHORITY.
T
he City Council of the Town of Colma finds:
(a) On September 5, 2019, Governor Newsom signed SB 234 (Skinner, Chapter 244) into law, amending the Health and Safety Code relating to family daycare homes, including requiring all local ordinances to treat family daycare homes as a residential use of property; and (b) P ursuant to Health and Safety Code section 1597.45(a), a small or large family daycare home shall be considered a residential use of property by right for purposes of all Town ordinances, including zoning ordinances; and
(
c) Pursuant to Health and Safety Code section 1597.45(b), the Town cannot impose a business license, fee, or tax on a small or large family daycare home; and (
d) The use of a home as a small or large family daycare home does not constitute a change of occupancy for purposes of the State Housing Law or local building codes; and (
e) Health and Safety Code section 1596.78(a) defines a “family daycare home” to mean a “facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home”; and
(f)
Health and Safety Code section 1596.78(b) defines a “large family daycare home” as a facility that provides care, protection, and supervision for 7 to 14 children…” and section 1596.78(c) defines a “small family daycare home” as a facility that provides care, protection, and supervision for eight or fewer children…”; and
(
g) This Ordinance will conform the Colma Municipal Code to state law; and (h
) The City Council held a duly noticed public hearing on March 23, 2022 at which time all interested persons were allowed to address the City Council regarding adoption of this ordinance.
A
RTICLE 2. CMC SECTION 4.01.140 AMENDED.
S
ection 4.01.140(c)(3) of the Colma Municipal Code is hereby amended and restated to read as follows:
Item #4
Ord.___ Family Daycare Homes (Introduced 3/23/22) Page 2 of 4
“4.01.040 Exclusions and Exemptions.
…
(c) Categorical Exemptions. Notwithstanding anything to the contrary herein, the following businesses, trades or professions shall be exempt from the provisions of this ordinance and shall not be required to register and pay a business registration tax:
…
(3) Small and large family day care homes, as those terms are defined by Health and Safety Code section 1596.78, as that section may be amended from time to time.
…”
ARTICLE 3. CMC SECTION 5.03.070 AMENDED.
Section 5.03.070(a)(3) of the Colma Municipal Code is hereby amended and restated to read as follows:
“5.03.070 “R” Zone.
(a) The following uses are permitted on land located within the "R" Zone:
…
(3) Small and large family day care homes, as those terms are defined by Health and Safety Code section 1596.78, as that section may be amended from time to time.
…”
ARTICLE 4. PORTION OF CMC SECTION 5.03.070 REPEALED
Subsection (b)(4) of Section 5.03.070, requiring a use permit for large family day care homes in the “R” Zone, is hereby repealed in its entirety from the Colma Municipal Code.
ARTICLE 5. CMC SECTION 5.03.080 AMENDED.
Section 5.03.080(a)(3) of the Colma Municipal Code is hereby amended and restated to read as follows:
“5.03.080 “R-S” Zone.
(a) The following uses are permitted on land located within the "R-S" Zone:
Ord.___ Family Daycare Homes (Introduced 3/23/22) Page 3 of 4 …
(3) Small and large family day care homes, as those terms are defined by Health and Safety Code section 1596.78, as that section may be amended from time to time.
…”
ARTICLE 6. PORTION OF CMC SECTION 5.03.080 REPEALED
Subsection (b)(2) of Section 5.03.080, requiring a conditional use permit for large family day care homes in the “R” Zone, is hereby repealed in its entirety from the Colma Municipal Code.
ARTICLE 7. CMC SECTION 5.03.085 REPEALED IN ITS ENTIRETY
Section 5.03.085 of the Colma Municipal Code, “Large Family Day Care Homes,” is hereby repealed in its entirety and replaced with the word “Reserved.”
ARTICLE 8. CMC SECTION 5.03.232 AMENDED
Section 5.03.232(e) is hereby amended and restated to read as follows:
“5.03.232 Home Office Use – Purpose and Recitals.
…
(e) This subchapter is consistent with the Town of Colma General Plan, which provides on page LU-8 that “Residential Land designated for residential purposes can be used for single family homes, small and large family day care facilities, group residential facilities, supportive/transitional housing, home offices and cottage food operations as allowed uses.”
ARTICLE 9. RETROACTIVE APPLICATION.
The modifications to Sections 4.01.040, 5.03.070, 5.03.080, and 5.03.232, and the repeal of portions of 5.03.070, 5.03.080 and the entirety of Section 5.03.085, shall be retroactively effective as of January 1, 2020.
ARTICLE 10. EFFECTIVE DATE.
This ordinance takes effect thirty (30) days after adoption.
ARTICLE 11. SEVERABILITY.
If any provision of this o rdinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of this or dinance that can be given effect without the invalid provision or application and, to this extent, the provisions of this ordinance are hereby declared to be severable.
Ord.___ Family Daycare Homes (Introduced 3/23/22) Page 4 of 4 ARTICLE 12. CEQA.
The City Council’s adoption of this Ordinance is not a project subject to the California Environmental Quality Act pursuant to CEQA Guideline 15061(b)(3) as it can be seen with certainty that the proposed adoption will not have a significant effect on the environment primarily because the amendment removes the requirement for a use pe rmit and/or conditional use permit for large family day care homes, and regardless of the use permit requirement, state law already establishes that CEQA does not apply to either large or small family day care homes pursuant to CEQA Guideline 15274 and Cal ifornia Health & Safety Code 1597.45(d). Thus, the City Council’s action is not anticipated to have any impact under CEQA primarily because the State has already decided that CEQA does not apply to large or small family day care homes.
Certification of Adoption
I certify that the foregoing Ordinance No. ___ was duly introduced at a regular meeting of the City Council of the Town of Colma held on March 23, 2022, and adopted at a regular meeting of the City Council of the Town of Colma held on April 13, 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
Diana Colvin
Voting Tally
Dated: ____________________ _____________________________________ Helen Fisicaro, Mayor
Attest: ______________________________
Caitlin Corley, City Clerk
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: April 13, 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 #5
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 – Recreation Program Quarterly Review, January - March 2022 Page 1 of 2
STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Angelika Abellana, Recreation Manager
VIA: Brian Dossey, City Manager
MEETING DATE: April 13, 2022
SUBJECT: Recreation Services Department Quarterly Review, January - March 2022 R
ECOMMENDATION
Staff recommends that the City Council adopt:
MOTION TO ACCEPT INFORMATIONAL REPORT ON RECREATION DEPARTMENT PROGRAMS, ACTIVITIES, EVENTS, AND TRIPS FOR THE FIRST QUARTER OF 2022.
E
XECUTIVE SUMMARY
In the first quarter of 2022, a total of 618 participants attended 28 programs. This represents a decrease of 413 participants from the first quarter of 2021. Staff attributes the decrease due to the surge of COVID-19 cases in San Mateo County, and the temporarily closures of Town facilities. 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 first quarter of 2022.
T
here was a total of 19 rentals, which is an increase of 17 rentals from the first quarter of 2021.
Due to COVID-19 pandemic and surge in cases, the Town of Colma temporarily closed the facilities from January 5, 2022, to February 14, 2022. Staff modified fitness programs to be held in person and outdoors. After the temporary closure, staff held Friday Films and Breakfast and Bingo in person.
As we move into the Summer, staff plans to offer more in-person programming depending on the state of the pandemic.
Item #6
Staff Report – Recreation Program Quarterly Review, January - March 2022 Page 2 of 2
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 93 adults and seniors participated in enrichment programs. This represents an increase of 8 participants from the first quarter of 2021. Staff attributes the increase to Chair Yoga, Bootcamp and Zumba classes changing their location to outdoors during the closure.
● A total of 190 adults and seniors participated in trips and events. This represents an increase of 25 participants from the first quarter of 2021. Staff attributes the increase due to the rise in participation of the Senior Luncheon deliveries and in person Friday Films.
● A total of 59 youth and teens participated in Enrichment Programs. This represents a decrease of 6 participants from the first quarter of 2021. Staff attributes the decrease due to the surge in Covid 19 cases. Many parents expressed not feeling comfortable with sending their children to in person programs.
● A total of 0 youths and teens participated in events and trips. This represents a decrease of 32 participants from the first quarter of 2021. Staff attributes the decrease to due to the surge in Covid 19 cases.
● A total of 276 youth, adults and seniors participated in Community Programs. This represents and decrease of 408 participants from the first quarter of 2021. Staff attributes the decrease due to the change in frequency of Food Pantry Deliveries to once a month.
The attachment contains a detailed breakdown of participation by program.
Rental Activity
The Colma Community Center was rented for 19 different events:
● Resident Rental (1 fundraiser and 8 social events)
● Non-Resident Non-Profit (1 Fundraiser)
● In House Reservations (2 Blood Drives)
The Sterling Park Recreation Center was rented for 7 different events:
● Sterling Park Resident Rental Reservations (7 social events)
ATTACHMENTS
A. 2022 Recreation Services Department Quarterly Review – Participation Detail
Recreation Services Department Quarterly Review
January - March 2022
Participation Detail
Adult/Senior Enrichment Programs
Program Registered Sessions New or Existing
Program
Arm Chair Travel 4 1 Existing
Boot Camp Fitness 7 1 Existing
Biggest Loser Challenge Cancelled 1 Existing
Colma Ladies Social 6 1 Existing
Happy Chair Yoga 10 1 Existing
Let’s Get Crafty 27 1 Existing
Virtual Breakfast and Bingo 28 1 Existing
Zumba 11 1 Existing
A
dult & Senior Trips & Events
Program Registered Sessions New or Existing
Program
Friday Films 9 1 Existing
Breakfast and Bingo 26 1 Existing
Senior Luncheon Deliveries 137 3 Existing
Paint with Your Mate 18 1 NEW
Ping Pong Pals Cancelled 1 NEW
Youth & Teen Enrichment Programs
Program Registered Sessions New or Existing
Program
Duo Dance Academy 3 1 Existing
Kid’s Club After School Program 15 5 Existing
Kumon Math Tutoring 17 3 Existing
Kumon Reading Tutoring 14 3 Existing
PNO to GO Cancelled 1 Existing
Presidents Day Camp 10 1 Existing
Y
outh and Teen Events & Trips
Program Registered Sessions New or Existing
Program
Kid’s BINGO Cancelled 1 NEW
Dessert and Arts and Crafts Cancelled 1 Existing
Open Teen Center Cancelled 1 Existing
Stagecoach Greens (Teen Trip) Cancelled 1 NEW
Teen Holiday Party Day in the Snow Cancelled 1 Existing Attachment A
2 Community Programs
Program Registered Sessions New or Existing
Program
Family Pottery Party Canceled 1 NEW
Food Pantry Delivery Program 249 1 Existing
Tiny Toys Story Time Cancelled 1 NEW
Virtual Family Bingo 27 1 Existing
Note: Programs were cancelled due to COVID-19.
25977.00100\34950744.1
Staff Report – Ordinance Restricting Pet Access to Public Playground Equipment Page 1 of 2
STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Christopher J. Diaz, City Attorney
Anne Branham, Deputy City Attorney
VIA: Brian Dossey, City Manager
MEETING DATE: April 13, 2022
SUBJECT: Ordinance Restricting Pet Access to Public Playground Equipment
RECOMMENDATION
Staff recommends that the City Council introduce the following:
ORDINANCE AMENDING CHAPTER 2.07, PROHIBITED ACTIVITIES AT PARKS AND
RECREATIONAL FACILITIES, OF THE COLMA MUNICIPAL CODE RELATING TO
RESTRICTING PET ACCESS TO PUBLIC PLAYGROUND EQUIPMENT
ANALYSIS
In response to members of the public who have felt that it is unsafe to allow their children to access the playground equipment at Sterling Park Recreation Center because pet owners were allowing their pets to access the playground equipment at the same time, despite manufacturer guidance to the contrary, this ordinance would prohibit pet access to any such playground equipment. The ordinance would do so by establishing a new subdivision (21) of section 2.07.060 of the Colma Municipal Code, which presently sets forth a series of prohibited activities at Town parks and recreational facilities.
FISCAL IMPACT
The proposed ordinance might result in some additional code enforcement duties for current staff, but it is anticipated that any such additional duties may be carried out within the existing staffing budget and will not require any additional funds. The Town may wish to, but is not required to, post some new signage at the Sterling Park Recreation Center indicating that pets are not allowed on the playground equipment, which would cost an estimated $350-$400.
ENVIRONMENTAL
Adoption of the proposed ordinance is not a project subject to the California Environmental Quality Act, pursuant to CEQA Guidelines 15060(c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment , and 15060(c)(3), because Item #7
25977.00100\34950744.1
Staff Report – Ordinance Restricting Pet Access to Public Playground Equipment Page 2 of 2
the activity is not a project as defined in Section 15378 of the Guidelines. Thus, the City Council’s action is not anticipated to have any impact under CEQA.
Council Adopted Values
The City Council’s introduction and ultimate adoption of the ordinance is consistent with the value of responsibility as the ordinance ensures the general safety and welfare of all persons who use the Town’s park and recreation facilities.
A
lternatives
The City Council could choose not to introduce the ordinance or may choose to propose changes or omit some of the rules presented. At a minimum, the Council should introduce the ordinance, but may discuss any changes. Introducing the ordinance with or without changes will ensure the general safety and well-being to the users of Town parks and recreation facilities.
CONCLUSION
Staff recommends that the City Council introduce and waive first reading of the ordinance.
ATTACHMENTS
A. Ordinance
Ord.___ Restricting Pet Access to Public Playground Equipment Page 1 of 2 ORDINANCE NO. ___
OF THE CITY COUNCIL OF THE TOWN OF COLMA
AN
ORDINANCE AMENDING CHAPTER 2.07, PROHIBITED ACTIVITIES AT PARKS
AND RECREATIONAL FACILITIES, OF THE COLMA MUNICIPAL CODE RELATING TO
RESTRICTING PET ACCESS TO PUBLIC PLAYGROUND EQUIPMENT
The City Council of the Town of Colma does ordain as follows:
ARTICLE 1. RECITALS.
T
he City Council of the Town of Colma finds:
(a) The Colma Municipal Code presently regulates certain conduct with respect to access to and use of Town parks and other recreational facilities, so that all persons may have optimum enjoyment of such facilities; and
(b) The Town now wishes to place a prohibition on pet access to the playground equipment in the Sterling Park Recreation Center, in order to ensure the safety and wellbeing of children and other persons accessing the park; and
(
c) The Town finds that regulating the conduct of pets and their responsible persons within the Sterling Park Recreation Center is in the best interests of the health, safety, and general welfare of the residents of Colma. Further, the Town of Colma believes that limiting pet access to the playground equipment within Sterling Park Recreation Center serves the public interest by preventing safety accidents and ensuring the public health, safety, and welfare of the community.
A
RTICLE 2. INCORPORATION OF RECITALS.
T
he City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
A
RTICLE 3. CMC SECTION 2.07.060(21) ADDED.
A
new subdivision (21) of Section 2.07.060 of the Colma Municipal Code is hereby added to read as follows:
“
2.07.060 Prohibited Acts.
N
o person shall engage in the following prohibited acts or uses in a Park or Recreational Facility:
…
(
21) Allowing any pet or other animal within the control or possession of a Person using the Park to access, use, or otherwise interact with any portion of the Park which includes a Playground.”
Attachment A
Ord.___ Restricting Pet Access to Public Playground Equipment Page 2 of 2 ARTICLE 4. EFFECTIVE DATE.
This ordinance, or a summary thereof prepared by the City Attorney, shall be posted on the three (3) official bulletin boards of the Town of Colma within 15 days of its passage and is to take force and effect thirty (30) days after its passage.
ARTICLE 5. SEVERABILITY.
If any provision of this o rdinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of this ordinance that can be given effect without the invalid provision or application and, to this extent, the provisions of this ordinance are hereby declared to be severable.
ARTICLE 5. NOT A CEQA PROJECT.
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Certification of Adoption
I certify that the foregoing Ordinance No. ___ was duly introduced at a regular meeting of the City Council of the Town of Colma held on April 13, 2022, and adopted at a regular meeting of the City Council of the Town of Colma held on
, 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
Voting Tally
Dated: ____________________ _____________________________________ Helen Fisicaro, Mayor
Attest: ______________________________
Caitlin Corley, City Clerk
Staff Report re Budget Study Session (Part 1) Page 1 of 7
STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Pak Lin, Administrative Services Director
VIA: Brian Dossey, City Manager
MEETING DATE: April 13, 2022
SUBJECT: FY 2022-23 Budget Study Session
RECOMMENDATION
This item is a study session for informational purposes only. No City Council action is required; however, staff seeks City Council feedback and direction on:
• Programs included in the FY 2022-23 Budget
• Authorization to use unassigned general fund reserves to bridge the gap in FY 2022-2 3 for capital needs.
EXECUTIVE SUMMARY
Part of the annual budget process includes the review of the preliminary budget for the new fiscal year–the first of three budget study sessions . Feedback from the first budget study session impacts the development of the proposed budget, scheduled for presentation on May 11, 2022.
The FY 2022-23 preliminary budget projects total revenues to be $23.2 million, with $19.1 million in the general fund. The FY 2022-23 expenditure budget is $24.7 million, with $18.6 million in the general fund and $4.4 million in the capital program. The resulting general fund operating surplus is $0.5 million. After transfers to sewer and debt, the Town’s general fund surplus is $0.2 million. The FY 2022 -23 preliminary budget also includes general fund transfers totaling $2.3 million to the various capital programs.
The City Council will be asked for their comments and review of the FY 2022-23 Budget. There will be thre e more presentations to the City Council on the FY 2022-23 Budget. Those presentations are scheduled for, April 11 (Presentation of FY 2022-23 t hru FY 202 6-27 Capital Program), May 11 (Presentation of 2022-23 Proposed Budget), and June 8 (Council Review and Adoption of 2022-23 Proposed Budget).
FISCAL IMPACT
City Council review and direction on the FY 2022-23 Budget and Financial Plan preliminary report will not impact the current FY 2021-22 Budget.
Item #8
Staff Report re Budget Study Session (Part 1) Page 2 of 7
BACKGROUND
The Budget is an annual planning tool that communicates priorities and sets the Town’s operating and spending policy for the year. The City Manager is responsible for presenting a budget to the City Council according to Colma Administrative Code Section 4.01 Division 2. The financial objective of the Budget is to ensure that there are sufficient funds to meet ongoing spending.
Special projects and Capital programs, where spending is generally one-time in nature, typically can utilize reserves.
The Budget Development Process begins in February of each year with the mid -year financial update and budget review. For FY 2021-22, the mid-year financial update was presented to the City Council and the public as part of the February 23, 2022 Regular City Council meeting. The mid-year financial update shows that the Town is financially healthy, revenues are expected to meet or exceed budget, and expenditures to stay within budget.
The FY 2022-23 budget development began on March 2, 2022, where budget instructions and development guidelines were communicated to all departments. While there are indicators that the COVID-19 virus is beginning to weaken in its deadli ness, the Town’s FY 2022-23 budget philosophy remains cautiously optimistic that the Town will be operating at 100% come July 1, 2022. Therefore, the FY 2022-23 budget is developed with the assumption that operations will restore to pre-pandemic levels with the flexibility to pivot in the event of another COVID-19 surge.
Similarly, revenues are budgeted more conservatively in comparison to prior years.
ANALYSIS
The Town’s preliminary budget is as follows:
Total General Fund operating deficit plus net operating transfer s is $2.08 million. The Town’s General Fund is obligated to fund the debt payment and sewer operations. Assuming for capital investment transfers of $2.25 million , the total General Fund reserves needed in FY 202 2-23 is $2.0 million. Table 2 below summarizes the projected reserve balances at June 30, 2023 for each fund category.
Table 1: Summary of Activities
Town-wide Financial
For FY 2022-23
Operating Activities
Revenues 19,082,055$ 353,976$ 1,978,177$ 255,000$ 1,481,262$ 23,150,470$ Expenditures 18,566,729 528,302 4,360,925 220,000 1,109,025 24,784,981 Operating Surplus / (Deficit) 515,326 (174,326) (2,382,748) 35,000 372,237 (1,634,512) Net Transfers In/(Out)
Transfers to Capital Programs (2,250,925) (220,000) 2,470,925 - Transfers to Operating Programs (346,409) 297,569 - - 48,840 - Change in Fund Balance (2,082,008) (96,757) 88,177 35,000 421,077 (1,634,512) General Funds
Special
Revenues &
Debt Funds
Capital
Funds
Vehicle
Replacement
Fund
Enterprise
Funds Total
Staff Report re Budget Study Session (Part 1) Page 3 of 7
General Fund Revenues
Per our discussions with HdL, the Town’s tax consultant, the Town will receive close to $13 .0 million in sales tax revenues by June 30, 2022 and close to $13.5 million by June 30, 2023. Due to uncertainties surrounding inflation, supply shortages, the war in Ukraine, and the COVID -19 Omicron surge, staff wanted to remain conservative with the sales tax projection for FY 2021-22 and FY 2022-23.
Cardroom taxes have also been restored to pre-pandemic levels in FY 2021-22. While FY 2021- 22 is projected to be a little over $4.0 million, the FY 2022 -23 budget of $4.2 million is the pre- pandemic budget for cardroom taxes.
Table 2: Summary of Reserves
Town-wide Financial
For FY 2022-23
Fund Balance
Committed Reserve
Budget Stabilization 15,000,000 15,000,000
Debt Reduction 600,000 600,000
Acccrued Leave Payout 889,070 889,070
Assigned Reserve
Litigation 100,000 100,000
Insurance 100,000 100,000
Disaster Response & Recovery 750,000 750,000
Other Assigned Reserve 476,328 1,524,063 823,970 928,860 3,753,220 Unassigned Reserve 4,920,565 4,920,565
Projected Fund
Balance @ 6/30/2023 22,359,635$ 476,328$ 1,524,063$ 823,970$ 928,860$ 26,112,855$ TotalGeneral Funds
Special
Revenues &
Debt Funds
Capital
Funds
Vehicle
Replacement
Fund
Enterprise
Funds
[a] [b] [b]-[a] [b]/[a]-1
Table 3: Revenues Summary
2021-22 2021-22 2021-22 2022-23
General Funds (11, 12, 19) Budget Thru Feb Est. Actual Preliminary $ % Revenues by Categories
Sales tax 12,000,000 7,094,112 12,700,000 13,081,000 381,000 3% Cardroom tax 3,512,000 2,553,782 4,008,325 4,212,000 203,675 5% Property and other taxes 787,308 449,386 759,000 788,190 29,190 4% Licenses and permits 281,176 113,092 235,442 308,106 72,664 31% Fines and forfeitures 94,000 74,812 86,914 94,000 7,087 8% Use of money and property 277,685 30,147 182,951 301,902 118,951 65% Revenues from other agencies 328,020 (174,291) 197,630 48,020 (149,610) -76% Charges for current services 196,362 41,900 159,344 192,837 33,493 21% Other revenues 54,713 63,698 41,200 56,000 14,800 36% Total Revenues 17,531,264 10,246,638 18,370,806 19,082,055 711,249 4% Change in Budget
Staff Report re Budget Study Session (Part 1) Page 4 of 7 General Fund Expenditures
The FY 2022-23 preliminary budget is $1.28 million more than the FY 2021-22 Estimated Actual.
While the FY 2021-22 budget was developed at full operational capacity, the Town did not deploy all its budgeted programs in FY 2021-22. The reasons include staffing shortages due to vacancies and injuries, and cancelled programs due to COVID-19 surges.
Comparing budget to budget, the FY 2022 -23 preliminary budget is $0. 6 million, or 3%, more than the FY 2021-22 budget. The preliminary budget includes CPI and COLA adjustments, as well as the programs listed in Table 5. While the programs below are part of the $18. 6 million FY 2022-23 preliminary budget, staff is seeking feedback on program priorities for the year.
Table 5
Strategic Plan Focus Area
FY 2022-23 Budget Programs
Resiliency
Ensure long term
Financial health,
Workforce development,
Emergency preparedness
and Climate adaptation
• Grant, advocacy and earmark consulting services ($72,000); • Self-sustaining sewer enterprise fund – Town’s sewer fee portion plus water incentive program ($48,840);
• Student Aide/Internship Program ($34,464);
• Online employee portal ($10,000);
• Employee wellness, training, and coaching ($40,000)
• COVID response ($72,000);
• Contribution to unfunded liabilities
o Pension ($499,944);
o OPEB ($1,545,456);
o Accrued Leave Payout ($109,061)
Operations
Increase Civic
engagement,
Transparency and use of
Technology
• Codification of Municipal Code ($27,500);
• Additional cell phones for police services ($14,700); • Police cameras annual subscriptions ($82,000) – body worn, in car, and license plate readers;
Economic Development
Create Placemaking &
Develop marketing
strategy
• Economic development program, including the use of consultants to help fill retail vacancies and commercial development ($55,000); [a] [b] [b]-[a] [b]/[a]-1
Table 4: Expenditures Summary
2021-22 2021-22 2021-22 2022-23
General Funds (11, 12, 19) Budget Thru Feb Est. Actual Preliminary $ % Expenditures by Category
Salaries, Wages, & Benefits 11,737,434 7,591,788 10,255,094 10,766,517 511,423 5% Supplies & Services 2,870,498 1,821,984 3,936,533 4,350,962 414,430 11% Professional & Contract Services 3,093,779 1,386,103 2,816,185 3,148,798 332,613 12% Capital Outlay - - 28,368 50,452 22,084 78% ISF Allocation 250,000 - 250,000 250,000 - 0% Total Expenditures 17,951,711 10,799,874 17,286,179 18,566,729 1,280,550 7% Change in Budget
Staff Report re Budget Study Session (Part 1) Page 5 of 7 Table 5
Strategic Plan Focus Area
FY 2022-23 Budget Programs
Community
Build upon our
Community identity &
Maintain quality of life
• City Council donation increased by $10,000 ($100,000); • Town facilities improvements ($217,000);
• Recreation programs ($189,200, i.e. Holiday Events, Picnic, Concerts, Community Fair, Day Camp, Senior programs, etc.)
Capital Program • The Town’s capital program is scheduled for the April 27, 2022 Regular City Council meeting for public review and discussion.
In addition to the progams above, the Town’s financial software provider, Tyler Technologies, has notified staff that they will phase out support on the Town’s current financial software, Eden, with a sunset date of March 1, 2027. The FY 2022-23 preliminary budget includes an increase to its audit preparation services budget from $50,000 to $75,000. While staff will focus on securing a new financial system, the audit preparation services will complete the fiscal year’s closing entries, coordinate with the Town’s auditor, and will prepare the Town’s Annual Comprehensive Financial Report and other regulatory reports. The financial system replacement will be discussed during the CIP study session.
Transfers Summary
Table 6 shows the current fund transfers planned for FY 2022-23. Total transfers out from General Fund is $2.6 million. General fund continues to support 100% of debt service expenditures. As for the sewer transfers, the $48,840 represents the Town’s portion of sewer usage cost and the cost of support ing the water incentive program. The budgeted transfer to sewer operation s is substantially less than prior years, because the budget assumes that the sewer enterprise fund will be self -sustaining beginning July 1, 2022. Additional sewer fee reduction prog rams will increase the General Fund’s transfer to the sewer operation.
Transfers from Gas Tax (21), Measure A (22), and Measure W (26) are to support the Town’s Annual Roadway Rehabilitation Program.
General Fund Reserves
Table 7 below shows the Town’s projected reserve balances at June 30, 2023 based on the conservative projections above.
Table 6: Summary of Transfers
Town-wide Financial Debt Capital Street
For FY 2022-23 Service (Non-Street) Capital Sewer Total Transfers From
General Fund (11) 297,569$ 1,152,025$ 1,098,900$ 48,840$ 2,597,334$ Gas Tax (21) 80,000 80,000
Measure A (22) 80,000 80,000
Measure W (26) 60,000 60,000
Total Transfers 297,569 1,152,025 1,318,900 48,840 2,817,334 Transfers To
Staff Report re Budget Study Session (Part 1) Page 6 of 7
Next Steps
The timeline for the FY 2022-23 Budget are as follows:
4/27/2022 FY 2022-23 Capital Improvement Program study session 5/11/2022 FY 2022-23 Proposed Operating and Capital Budget 6/8/2022 FY 2022-23 Budget Adoption and GANN Limit Report Jul-Aug Prepare applications for the GFOA and CSMFO budget review and award process Reasons for the Recommended Action/Findings
Providing for early public discussion of the Town’s Financial Plan allows an opportunity for staff to evaluate and incorporate any comments from the City Council and new items that may not be included in the baseline budget.
Council Adopted Values
The Staff recommendation is consistent with the Council adopted values of:
• Responsibility: Making decisions after prudent consideration of their financial impact, considering the long-term financial needs of the agency, especially its financial stability. • Fairness: Support the public’s right to know and promote meaningful public involvement.
Alternatives
In addition to providing feedback on the items listed under Proposed Increases and Other Discussion Matters, the City Council may provide direction to staff on budgetary items to add or be removed.
Table 7: Reserves Summary Actual
General Fund FY 2020-21 FY 2021-22 FY 2022-23
Categories Reserves Name and Fund No. Balance Balance Balance [a] [b] [b] - [a]
Restricted OPEB Trust (71) 5,712,224$ 5,712,224$ 5,712,224$ 0$ Pension Trust (72) 1,930,267 1,930,267 1,930,267 0 Committed Budget Stabilization (12) 12,000,000 15,000,000 15,000,000 0 Debt Reduction (12) 600,000 600,000 600,000 0 Accrued Leave Payout Reserve (12) 431,341 431,341 528,541 97,200 Assigned Litigation Reserve (11) 100,000 100,000 100,000 0 Insurance Reserve (11) 100,000 100,000 100,000 0 Disaster Reserve (11) 750,000 750,000 750,000 0 Unassigned Unassigned (11, 19) 10,422,528 7,460,302 5,378,294 (2,082,008) Total General Fund Reserves (Incl 115 Trusts) 32,046,360$ 32,084,134$ 30,099,326$ (1,984,808)$ Total General Fund Reserves (excl 115 Trusts) 24,403,869$ 24,441,643$ 22,456,835$ (1,984,808)$ Change in Fund
Balance
Projected
Staff Report re Budget Study Session (Part 1) Page 7 of 7
CONCLUSION
Staff is requesting comments from the Council and the public on the Preliminary Budget Report.
A second Budget Study Session will be held on April 27, 2022 that will focus on the Capital Improvement Program. A third Budget Study Session will be held on Ma y 11, 2022. A public hearing to adopt the FY 2022-23 Proposed Budget will be held on June 8, 2022. A more detailed budget document will be provided in advance of these meetings.
ATTACHMENTS
None